HAMI Outdoor Terms of Service

Overview

This website, www.hami.co.za, is operated by HAMI Outdoor (Pty) Ltd.

Throughout this website, the terms “HAMI Outdoor”, “we”, “us” and “our” refer to HAMI Outdoor (Pty) Ltd.

HAMI Outdoor offers this website, including all information, products, tools and services available through it, to you, the user, subject to your acceptance of these Terms of Service and all other policies and notices referred to on this website.

By visiting www.hami.co.za, creating an account, placing an order and/or purchasing a product from us, you engage in our “Service” and agree to be bound by these Terms of Service (“Terms”).

These Terms apply to all users of the website, including browsers, customers, suppliers, merchants and contributors of content.

Please read these Terms carefully before using our website. If you do not agree to these Terms, you should not access or use the website or our Services.

Any new products, features, services or tools added to our store will also be subject to these Terms.

We reserve the right to amend these Terms from time to time by publishing an updated version on www.hami.co.za. Your continued use of the website after changes have been published constitutes acceptance of the updated Terms, subject always to applicable law.

Our online store is powered by Shopify, which provides the e-commerce platform through which we sell our products and services.

SECTION 1: ONLINE STORE TERMS

By using this website and placing an order, you confirm that:

• You are legally capable of entering into a binding agreement; or
• Where applicable, you are using the website with the consent and supervision of a parent or legal guardian.

You may not use our products or Services for any illegal or unauthorised purpose.

You may not use the website in a manner that violates any applicable South African or international law, including intellectual property, privacy and consumer protection legislation.

You may not knowingly transmit viruses, malware, worms or other destructive code through the website.

A material breach of these Terms may result in suspension or termination of your access to our Services.

SECTION 2: GENERAL CONDITIONS

We reserve the right to refuse or restrict service where reasonably necessary, including where fraud, abuse, unlawful conduct, payment irregularities or breaches of these Terms are suspected.

Information transmitted through the internet may pass across different networks and systems.

Payment information, including credit or debit card information, is processed through secure payment providers and encrypted during transmission in accordance with the payment provider's security protocols.

You may not reproduce, duplicate, copy, sell, resell or commercially exploit any portion of our website, content, Services or intellectual property without our prior written permission.

Headings in these Terms are included for convenience and do not affect their interpretation.

SECTION 3: ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We endeavour to ensure that the information displayed on www.hami.co.za is accurate and current.

However, information may occasionally contain errors, omissions or outdated information.

Product information, specifications, photographs, colours, measurements, weights and other details are provided as accurately as reasonably possible.

Actual product colours may vary slightly due to screen settings, manufacturing variations or photography.

We reserve the right to correct errors and update information where necessary.

Nothing in this section limits any consumer rights provided by applicable South African law.

SECTION 4: PRICES AND CHANGES TO SERVICES

All prices displayed on our website are stated in South African Rand (ZAR) unless otherwise indicated.

Prices may change without prior notice.

We reserve the right to:

• Change product prices;
• Introduce or discontinue products;
• Change promotions;
• Update product specifications;
• Modify website functionality; and
• Suspend or discontinue any part of our Service.

Any price applicable to an order will generally be the price confirmed when the order is accepted, subject to obvious pricing errors and applicable law.

SECTION 5: PRODUCTS & AVAILABILITY

Certain products may only be available online and may be offered in limited quantities.

All orders are subject to stock availability.

We reserve the right to:

• Limit quantities purchased;
• Discontinue products;
• Introduce new or updated models;
• Change colours, specifications or packaging; and
• Restrict sales where reasonably necessary.

If a product becomes unavailable after an order has been placed, we will contact you and may offer:

• A suitable alternative;
• The option to wait for replenishment; or
• A refund where appropriate.

We make every reasonable effort to display our products accurately, but minor variations in colour, material, dimensions or appearance may occur.

SECTION 6: ORDERS, BILLING & ACCOUNT INFORMATION

You agree to provide current, complete and accurate information when placing an order.

This includes:

• Full name;
• Delivery address;
• Billing information;
• Email address;
• Contact number; and
• Accurate payment information.

We reserve the right to review, refuse or cancel an order where:

• Payment cannot be verified;
• Fraudulent or suspicious activity is suspected;
• A material pricing or stock error has occurred;
• Incorrect information has been supplied; or
• The order appears to be intended for unauthorised resale.

Where an order is cancelled after valid payment has been received, the amount due will be refunded to the original payment method, subject to applicable law.

SECTION 7: ORDER CANCELLATIONS

Customers may request cancellation of an order before it has been dispatched.

Please contact info@hami.co.za as soon as possible and provide your order number.

Once an order has been dispatched, we may be unable to stop delivery. The product may instead need to be returned in accordance with our Returns & Refund Policy and applicable consumer law.

Our internal cancellation and return policies do not limit any statutory cancellation or cooling-off rights that may apply to qualifying electronic transactions under South African law.

SECTION 8: RETURNS, REFUNDS & EXCHANGES

HAMI Outdoor offers its own return arrangements as described in our Returns & Refund Policy.

Our voluntary 48-hour Money Back Guarantee applies subject to the requirements set out in that policy.

Products returned under a change-of-mind arrangement must generally be:

• Unused;
• In their original condition;
• In their original packaging;
• Complete with accessories and tags; and
• Accompanied by proof of purchase.

The customer is generally responsible for courier costs associated with voluntary change-of-mind returns and exchanges.

Statutory Consumer Rights

The 48-hour period described in our voluntary return policy does not replace or restrict rights that consumers may have under applicable South African legislation, including statutory cooling-off rights applicable to certain electronic transactions.

Where legislation provides the consumer with greater protection than our voluntary return policy, the applicable legislation will prevail.

SECTION 9: DAMAGED, INCORRECT OR DEFECTIVE PRODUCTS

Customers should inspect products as soon as reasonably possible after delivery.

If an order:

• Arrives damaged;
• Contains the incorrect item;
• Is incomplete; or
• Appears defective,

please contact info@hami.co.za with your order details and photographs of the product and packaging.

Where a problem results from a verified fulfilment error, shipping damage or manufacturing defect, HAMI Outdoor will provide the appropriate remedy in accordance with applicable law and our relevant policies.

Nothing in these Terms limits any statutory rights relating to unsafe, defective or unsuitable goods.

SECTION 10: HAMI OUTDOOR LIFETIME WARRANTY

Every qualifying HAMI Outdoor product is supported by our Lifetime Warranty against manufacturing and workmanship defects, subject to the terms of our Lifetime Warranty Policy.

“Lifetime” refers to the expected serviceable lifespan of the relevant product under normal recreational use and proper care.

A warranty claim may arise months or years after purchase and is separate from a change-of-mind return.

Warranty claims are individually assessed.

Depending on the circumstances, an approved claim may result in:

• Repair;
• Replacement with the same or an equivalent product;
• Credit; or
• Another appropriate remedy.

Our Lifetime Warranty is an additional HAMI Outdoor commitment and does not replace or diminish any statutory warranty or consumer rights provided by South African law.

SECTION 11: WARRANTY EXCLUSIONS

Unless otherwise required by law, the HAMI Outdoor Lifetime Warranty does not cover damage caused by:

• Misuse;
• Negligence;
• Accidental damage;
• Normal wear and tear;
• Prolonged UV or weather exposure;
• Burns or excessive heat;
• Cuts, punctures or abrasions;
• Sharp clothing accessories such as jean studs or belt hardware;
• Improper cleaning or storage;
• Mould caused by storing products wet;
• Exceeding stated weight capacities;
• Unauthorised modifications or repairs;
• Commercial or rental use unless otherwise agreed;
• Forcefully opening, folding or packing away products;
• Continuing to operate mechanisms when resistance is encountered;
• Stones, sand, gravel, sticks or other foreign objects becoming lodged in moving or locking mechanisms; or
• Damage caused by forcing a mechanism after an obstruction has occurred.

Please refer to our complete Lifetime Warranty Policy for further details.

SECTION 12: PRODUCT SAFETY & RESPONSIBLE USE

Outdoor activities involve inherent risks.

Customers and users are responsible for:

• Reading and following product instructions;
• Using products only for their intended purpose;
• Observing stated weight capacities;
• Inspecting products before use;
• Ensuring frames, straps, buckles, poles and locking mechanisms are correctly positioned;
• Keeping moving mechanisms free from sand, stones and debris;
• Discontinuing use if damage or unusual resistance is detected; and
• Supervising children where appropriate.

Do not continue using a product that appears damaged, unstable or unsafe.

Additional product-specific safety requirements are contained in our Product Disclaimer and relevant product instructions.

SECTION 13: RETURN & WARRANTY COURIER COSTS

Courier responsibilities depend on the reason for the return.

Change of Mind

For voluntary change-of-mind returns or exchanges, the customer is responsible for applicable return courier costs unless otherwise agreed.

Warranty Assessment

Where a product is sent to HAMI Outdoor for warranty assessment, the customer may initially be required to send the product to us in accordance with our Lifetime Warranty Policy.

Where our assessment confirms a qualifying manufacturing or workmanship defect, HAMI Outdoor will cover or reimburse reasonable courier costs as appropriate.

Where the issue is found to have resulted from negligence, accidental damage, misuse, normal wear and tear or another warranty exclusion, courier and repair costs may be for the customer's account.

SECTION 14: OPTIONAL & THIRD-PARTY TOOLS

We may provide access to tools, applications, payment providers, social platforms or services operated by third parties.

These third-party services are subject to their respective terms and privacy policies.

HAMI Outdoor does not control these services and cannot guarantee their continued availability or functionality.

Your use of third-party services is at your own discretion and subject to the relevant provider's terms.

SECTION 15: THIRD-PARTY LINKS

Our website may contain links to third-party websites or services.

These websites are independent of HAMI Outdoor, and we are not responsible for their content, security, availability, products, services or privacy practices.

You should review the terms and privacy policies of third-party websites before transacting with them.

SECTION 16: USER COMMENTS, REVIEWS & SUBMISSIONS

If you submit reviews, photographs, feedback, ideas or other content to HAMI Outdoor, you confirm that:

You have the right to submit the content;

• The content does not infringe another person's intellectual property or privacy rights;
• It is not unlawful, defamatory, abusive or malicious; and
• It does not contain viruses or harmful software.

Where legally permitted, you grant HAMI Outdoor permission to use content voluntarily submitted to us for legitimate business and marketing purposes.

We reserve the right to remove content that is unlawful, misleading, offensive or otherwise inappropriate.

SECTION 17: PERSONAL INFORMATION & PRIVACY

Your personal information is processed in accordance with our Privacy Policy and applicable South African data protection legislation.

We only collect and process information reasonably necessary for purposes such as:

• Processing orders;
• Delivering products;
• Providing customer support;
• Processing payments;
• Managing warranty claims;
• Preventing fraud; and
• Sending marketing communications where permitted.

Please refer to our Privacy Policy for complete information regarding how your personal information is handled.

SECTION 18: ERRORS, INACCURACIES & OMISSIONS

Occasionally our website may contain errors or omissions relating to:

• Product descriptions;
• Specifications;
• Pricing;
• Promotions;
• Availability;
• Shipping charges; or
• Delivery estimates.

We reserve the right to correct errors, update information and, where legally permissible, cancel an affected order.

If an affected order has already been paid and is legitimately cancelled, the relevant payment will be refunded.

SECTION 19: PROHIBITED USES

You may not use our website or Services:

• For any unlawful purpose;
• To infringe intellectual property rights;
• To submit fraudulent or misleading information;
• To transmit malicious code;
• To collect personal information unlawfully;
• To spam, phish, scrape or interfere with our systems;
• To circumvent website security;
• To impersonate another person; or
• In any manner reasonably likely to damage HAMI Outdoor, our customers or our technology infrastructure.

We may restrict or terminate access to our website where these requirements are violated.

SECTION 20: DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY

To the maximum extent permitted by law, HAMI Outdoor does not guarantee that the website will always operate uninterrupted, error-free or without technical difficulties.

The website and its content are provided on an “as available” basis, subject to all warranties and consumer rights that cannot legally be excluded.

To the maximum extent permitted by law, HAMI Outdoor (Pty) Ltd, its directors, employees, contractors, suppliers and service providers will not be liable for indirect, incidental, special or consequential loss resulting from the use of the website or misuse of our products.

Nothing in these Terms is intended to:

• Exclude liability that cannot lawfully be excluded;
• Exclude or restrict statutory consumer rights; or
• Remove remedies available to consumers under applicable South African law.

Please also refer to our Product Disclaimer for product-specific safety information.

SECTION 21: INDEMNIFICATION

To the extent permitted by law, you agree to indemnify and hold harmless HAMI Outdoor (Pty) Ltd, its directors, employees, agents, contractors, suppliers and service providers against third-party claims arising directly from:

• Your unlawful use of our website;
• Your material breach of these Terms;
• Your violation of another person's intellectual property rights; or
• Your unlawful or negligent misuse of a HAMI Outdoor product.

This section does not apply where liability arises from HAMI Outdoor's own unlawful conduct, gross negligence or circumstances where liability cannot legally be excluded.

SECTION 22: SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be limited or severed to the extent necessary.

The remaining provisions will continue to remain valid and enforceable.

SECTION 23: TERMINATION

These Terms remain effective while you access or use our website and Services.

You may stop using our Services at any time.

We may restrict or terminate your access where you materially breach these Terms, engage in unlawful activity or misuse our Services.

Any obligations or liabilities that arose before termination will continue where appropriate.

SECTION 24: ENTIRE AGREEMENT

These Terms, together with our:

• Returns & Refund Policy;
• Purchase Options & Cancellation Policy;
• Lifetime Warranty Policy;
• Privacy Policy;
• Product Disclaimer; and
• Any other policies expressly incorporated into these Terms,

constitute the agreement governing your use of our website and purchases from HAMI Outdoor, subject to applicable law.

If there is a conflict between these Terms and mandatory South African legislation, the applicable legislation will prevail.

SECTION 25: GOVERNING LAW

These Terms and any agreements arising from the use of our Services are governed by the laws of the Republic of South Africa.

Any dispute will be dealt with in accordance with applicable South African law and the jurisdiction of the appropriate South African courts or consumer dispute-resolution bodies.

SECTION 26: CONSUMER PROTECTION

Nothing in these Terms is intended to waive, restrict or exclude any rights that cannot legally be waived or excluded under South African law.

HAMI Outdoor's voluntary returns policy and Lifetime Warranty provide additional benefits but do not replace statutory consumer protections that may apply to a transaction.

SECTION 27: CHANGES TO THESE TERMS

We may update these Terms from time to time to reflect:

• Changes in our products or Services;
• Operational changes;
• Changes to our policies; or
• Changes in applicable law.

The latest version will be published on www.hami.co.za.

Where required by law, material changes will not retrospectively remove rights that have already accrued to a customer.

SECTION 28: CONTACT INFORMATION

Questions regarding these Terms of Service, orders, products or general enquiries can be directed to:

HAMI Outdoor (Pty) Ltd
🌐 www.hami.co.za
📧 info@hami.co.za

For warranty, return or product-support enquiries, please contact us and our team will assist you.