4. How a Contract is formed
4.1 When placing an Order, you must register for an Account on the Site as detailed in clause 10, and you must follow the instructions on the Site as to how to place your Order and for making changes to your prospective Order before you submit it.
4.2 Irrespective of any price you have seen or heard, once you select a Product that you wish to Order and have proceeded to the Checkout, the amount to be paid will then be shown (on the Site) together with the charges you must pay including VAT and cash handling fee, and delivery fee if applicable. Unless otherwise stipulated on the Site, all charges are in the currency then in force in South Africa. Subject to clause 4.11 below, this is the total that you will pay for receipt of the ordered Product.
4.3 You shall pay for the Product by the following payment methods, subject to CEEMEE’ s discretion:
4.3.1 Payment via credit card
CEEMEE accepts credit card and chipped debit/cheque card payment via Visa, MasterCard Diners or American Express. We make use of the 3D-Secure authentication system to verify cardholder details with your bank (not applicable to mobile channels); this links you directly to your bank via a secure link. Card transcations will be acquired for CEEMEE via PayFast (Pty) Ltd who are the approved payment gateway for all South African Acquiring banks. PayFast uses the strictest form of encryption, namely Secure Socket Layer3 (SSL3) and no card details are stored on the website. Useres may go to www.payfast.co.za to view their securirty certficate and security policy. When you return a purchase, the specified amount will be credited back to your bank account after it has been approved.
4.3.2 Customer details separate from card details
Customer details will be stored by CEEMEE separately from card details which are entered by the customer on PayFast’s secure site. For more details please refer to www.payfast.co.za.
4.3.3 EFT’s are also an accepted form of payment online via payfast.
4.3.3 The merchant outlet country at the time of preserving payment options to the card holder is South Africa. Transaction currency is South African Rand (ZAR).
4.4 If you are asked for details of a payment card, you must be fully entitled to use that card or account. The card or account must have sufficient funds to cover the proposed payment to CEEMEE.
4.5 You undertake that all details you provide to CEEMEE for the purpose of purchasing the Product from us will be correct, that the credit card, which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of your payment details before providing you with the Product.
4.6 When you submit an Order to the Site, you agree that you do so subject to the latest Terms and Conditions available on the Site at the date you submit your Order. You are responsible for reviewing the latest Terms and Conditions each time you submit an Order.
4.7 Your Order remains valid as an offer until we issue our Confirmation of Order or, if earlier, when we receive your notice revoking your Order.
4.8 We shall not be obliged to supply the Product to you unless We have accepted your Order (by issuing a Confirmation of Order). Unless expressly stating that We accept your order, an email, letter, fax or other Acknowledgement of your Order by us is purely for information purposes and does not constitute the Confirmation of Order. In that Acknowledgement, we may give you an Order reference number and details of the Product you have ordered. We may in our discretion refuse to accept an Order from you for any reason, including unavailability of supplies or We may offer you an alternative Product (in which case we may require you to re-submit your Order first).
4.9 A Contract shall be formed, and We shall be legally bound to supply the Product to you when We accept your Order, unless performance becomes impossible for a reason beyond Our control. Acceptance shall take place when We expressly accept your Order by email in the form of a document called a “Confirmation of Order” stating that we are accepting your Order. Our Confirmation of Order shall be deemed to come into effect when it has been despatched by CEEMEE. Without affecting your obligation to pay us earlier, We may send an invoice to you at any time after We have accepted your Order. Until the time when We accept your Order, We reserve the right to refuse to process your Order and you reserve the right to cancel your Order. If your Order is cancelled, either by you or by CEEMEE, before We have accepted the Order, then We will promptly refund any payment already made to us, by you or your credit or cheque card company, in respect of the cancelled Order.
4.10 If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact email@example.com immediately. However, CEEMEE cannot guarantee that We will be able to amend your Order in accordance with your instructions.
4.11 We will, at all times do our utmost best to ensure that the price given to you is accurate, but the price of your Order will need to be validated by CEEMEE as part of our acceptance procedure. If the price for the Order changes before we accept your Order, We will contact you and ask you to confirm whether you wish to proceed at the amended price.
4.12 A Contract will relate only to those Products whose dispatch we have confirmed in the Confirmation of Order. We will not be obliged to supply any other Products which may have been part of your Order until We have sent a Confirmation of Order in relation to those Products.
4.13 You must only submit to CEEMEE, or our agent or the Site, information which is accurate and not misleading and you must keep it up to date and inform us of changes.