Please note that by making use of our website to purchase our products, communicate with us or for any other purpose binds you to the terms and conditions that follow:
Welcome to milex.co.za (this website). Milex provides access to this website to allow you to, inter alia, purchase our products subject to the conditions set out on this page.
Please read these conditions carefully before using this website. By using milex.co.za you confirm that you have read, understood and agreed to these Terms and Conditions and you signify your agreement to be bound by these conditions.
These Terms and Conditions constitute an agreement between Milex and you and govern our respective rights and obligations each time you use milex.co.za.
- This website can be accessed at co.za, related mobi-sites and software applications (the “Website”) and is owned and operated by Milex Pty Limited (“Milex”, “we”, “us” and “our”).
- These website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.
- These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
- The Website enables you to shop online for an extensive range of goods including sport, home and kitchenware, baby and toddler products, electronics, health and beauty products, movies and TV, gaming, books, eBooks, music, toys, pet supplies, and more (“Goods”).
- These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
These Terms and Conditions contain provisions that appear in similar text and style to this clause and which -
- may limit the risk or liability of Milex or a third party; and/or
- may create risk or liability for the user; and/or
- may compel the user to indemnify Milex or a third party; and/or
- serves as an acknowledgement, by the user, of a fact.
- Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
- If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Milex to explain it to you before you accept the Terms and Conditions or continue using the Website.
- Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Milex in terms of the CPA.
- Milex permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
- Please refer to our Returns Policy for more information about returning products (and related refunds, replacements or repairs). The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
Registration and use of the website
- To register as a user, you must provide a unique username and password and provide certain information and personal details to Milex. You will need to use your unique username and password to access the Website in order to purchase Goods.
- You agree and warrant that your username and password shall:
- be used for personal use only; and
- not be disclosed by you to any third party.
- For security purposes you agree to enter the correct username and password whenever ordering goods, failing which you will be denied access.
- You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
- You agree to notify Milex immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
- By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
- You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Milex representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
- You may not use the website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
- You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Milex representative.
Conclusion of sales and availability of stock
- Registered users may place orders for goods, which Milex may accept or reject. Whether or not Milex accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by Milex for the Goods.
- NOTE: Milex will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and Milex or the Third Party Seller come into effect (the “Sale”).This is regardless of any communication from Milex stating that your order or payment has been confirmed. Milex will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
- Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy.
- Placing goods in your shopping cart or shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold Milex or the Third Party Seller liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
- You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by Milex, Milex will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, Milex will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.
- Certain Goods may not be purchased for re-sale. Should we suspect that any such Goods are being purchased for sale, we are entitled to cancel your order immediately on notice to you.
- We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
- Whether the Goods are for sale by Milex or a Third Party Seller, payment can be made for Goods via -
- debit card;
- credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
- direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. Milex will not accept your order if payment has not been received;
- Instant EFT;
- Milex Vouchers;
- Once you have selected your payment method (save for cash on delivery or direct bank deposit), you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
Delivery of goods
- Milex offers 1 (one) methods of delivery of Goods to you. This is via our selected courier
- For more information about delivery, please see our FAQs, which are incorporated into these Terms by reference. Our delivery charges are subject to change at any time, without prior notice to you, so please check the FAQs for the most up-to-date information. You will see the applicable delivery charges in your cart when you check out.
- Where it accepts your order, Milex will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.
- Milex’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. Milex is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.
- We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.
- Milex shall not be bound by any incorrect information regarding our Goods displayed on any third party websites.
Gift Vouchers &
- Gift Vouchers that are purchased by registered users are valid for 2 years after Sale. Gift Vouchers that Milex gives away for free are valid for the period stated thereon. In each case, if your Voucher has not been used within that period, it will expire.
- Gift Vouchers cannot be used to buy other Gift Vouchers or Coupons. They do not accrue interest and are not refundable for cash once purchased. If your Gift Voucher value is insufficient for the order you wish to place, you may make up the difference by paying via one of our other payment methods.
- Milex is not responsible for any harm due to the loss, unauthorised use or unauthorised distribution of a Gift Voucher, after it has delivered the Gift Voucher to you or the email address nominated by you.
- Gift Vouchers
Newsletter Promotions, Facebook Campaign and other discounted Goods
- From time to time, we may offer certain Goods at discounted prices as part of or any other temporary promotion which are explained below (each a “Promo”). These will be subject to certain conditions (as set out in these Terms and/or the Website), which define the scope of the Promotion. If you buy a product within the scopeof a Promotion, you will pay the discounted price for that product (the “Promo Price”).
- However, if you buy a product in a manner that fallsoutside of the scope of a Promotion, then you will pay the then current (non-Promotion) selling price on the Website (the “Normal Price”), for each product that falls outside the scope of the Promotion.
- Please note prices are Milex Online exclusive, stores and other departments have their own prices and promotions that may run at any time.
- At our discretion, Newsletter Promotions are available for 7 days or while stocks last Please note that Newsletter Promotions have a stock limit and may expire earlier if stock runs out.
- Newsletter Promotions quantities are limited and as such, after a Newsletter Promotion is sold out, those particular Goods may be available on the Website at their normal selling prices (but no longer as a Newsletter Promotion).
- We do not guarantee a specific saving. The extent of the Newsletter Promotion or discount is at the sole discretion of Milex.
- Adding a Newsletter Promotion to your cart, or completing your order for a Newsletter Promotion without paying for it, does not reserve the item for you. Milex must receive payment from you within 24 hours of you placing your order for a Newsletter Promotion, otherwise we will cancel your order.
- Milex will reserve stock for customers in the order in which it receives payment. Therefore if you pay via EFT, you might not get your item because Milex may only receive payment from you a few days later, and in the meantime the Newsletter Promotion might sell out to customers paying immediately.
- By purchasing any Newsletter Promotion, you are also automatically opting in for our Newsletter Promotions.