Shipping policy

THESE TERMS AND CONDITIONS GOVERN YOUR RELATIONSHIP WITH US AND

REGULATE YOUR USE OF THE PAXI SERVICE.

Paragraphs in bold

Please take special note of the paragraphs printed in bold since they:

● constitute an acknowledgement of a fact by You;

● limit and exclude obligations, liabilities and legal responsibilities which we will have

towards You and also limits and excludes Your rights and remedies and places various

risks, liabilities, obligations and legal responsibilities on You; and/or

● constitute an assumption of risk by You and may result in You being liable for

increased or additional costs.

1. Introduction

1.1. For the purposes of these terms and conditions:

● "Associated Company" means any subsidiary, fellow

subsidiary, fellow division, associated, holding or controlling

company of Pepkor Trading (Pty) Ltd and/or any service provider

thereof, from time to time;

● "Business Day" means a day which is not a Saturday, Sunday

or official public holiday in the Republic of South Africa;

● "Collection Site" means the site which You confirm to send the

parcel to using the PAXI Service;

● “Delivery Site” means the physical address You intend to send

the parcel to using the PAXI Service;

● “Delivery Type Timelines (DTT)” means for store-to-store

deliveries 3-5 days or 7-9 days (service selection dependant) or

for store-to-home deliveries 3-5 days;

● "PAXI Point" means any PEP Stores, PEPHome, PEPCell,

Tekkie Town or ShoeCity in a city or town in the Republic of

South Africa;

● "Origination Site" means the site from where a parcel was sent;

● "OTP" means one-time password;

● "PAXI" or "we/us/our" means PAXI a division of PEP a division

of Pepkor Trading (Pty) Ltd (Registration Number

1958/003362/07), a private company registered in accordance

with the laws of the Republic of South Africa with registered

address at 36 Stellenberg Road, Parow Industria;

● "PAXI Customer Care Centre" means the telephonic

assistance centre which may be contacted during Working Hours

on 086 000 7294 or by chatting to us via Whatsapp on 021 010

1574, its primary function being to assist with any customer

related enquiries concerning the PAXI Service;

● “PAXI Additional Parcel Insurance” means the optional

additional insurance cover for parcels up to R2500 and R5000;

● "PAXI Service/s" means shipment of a parcel from one ● “Personal Information” means your personal information as

defined and processed in terms of the Protection of Personal

Information Act (Act 4 of 2013);

● "Recipient" means the person who collects the parcel from the

Collection Site or takes delivery of the parcel at the Delivery Site;

● "Sender" means the person who instructs us to send the parcel;

● "Working Hours" means the trading hours of the relevant PAXI

Point;

● "You" means the Sender or Recipient, or both the Sender and

Recipient, depending on the context.

1.2. These terms and conditions regulate the shipment of parcels from the

Sender to the Recipient. It will become binding on the Sender for each

parcel sent from the moment that you hand over the money at the point

of sale when the PAXI Service is initiated. Where applicable it will

become binding on the Recipient following his/her presentation of the

OTP at the Collection or Delivery Site.

1.3. PAXI is entitled to amend these terms and conditions, any feature or

benefit and the fees and costs relating to the PAXI Service from time to

time and it is Your responsibility to keep abreast of any change to the

terms and conditions.

1.4. If You continue to use the PAXI Service after the new rules begin to

apply, the amended rules will apply.

1.5. If You have any questions regarding these terms and conditions, You

can contact the PAXI Customer Care Centre for assistance.

2. Overview of the PAXI Service

2.1. You can select a Collection Site at any participating PAXI Point.

2.2. You can select a Delivery Site when registering your Parcel on the PAXI

Portal.

2.3. You will be requested to provide us with Your details. In this regard,

Your cell phone number and a valid form of identification will be

requested and You must ensure that the information provided by You is

true, accurate, current and complete in all respects. You authorise us to

use the information to provide the PAXI Service to you.

2.4. You will be required to pay for the PAXI Service in full at the point of

sale at the Origination Site.

2.5. You must place the item You intend to send into the PAXI flyer bag and

once You have sealed it, You must hand it in at the PAXI counter at the

Origination Site.

2.6. PAXI will confirm Your order by sending You an sms confirmation

together with a parcel tracking number.

2.7. You can track Your parcel by using Your parcel tracking number at

www.paxi.co.za, contacting the PAXI Customer Care Centre, using the

PAXI Portal or on the PAXI WhatsApp Bot.

2.8. PAXI will send You and the Receiver another sms with an OTP and

collection instructions once the parcel has arrived at the Collection Site.

2.9. The Receiver will receive a WhatsApp from the Courier with an OTP

once the parcel is out for delivery to the intended Delivery Site. 2.10. The Recipient will be required to produce the OTP at the Collection or

Delivery Site. PAXI will only be required to verify the OTP presented by

the Recipient at the Collection or Delivery Site and will not be required

to verify the identity of the Recipient. Should the Recipient, for any

reason whatsoever, be requested to produce a form of identification,

this shall be for PAXI's own internal records.

3. Prohibited items

3.1. The "Prohibited Items" are any of the following items: any item that

weighs more than 10 kg's and/or is larger than 45cm x 37cm in

dimension for a standard flyer bag and 64cm x 51cm in dimension for a

large flyer bag; any dangerous goods including, but not limited to

explosives, fireworks, crackers, radioactive materials, swords, knives ,

axes, chainsaws, firearms and/or ammunition and/or weapons,

hazardous materials / flammable materials; any items that have

contained oil or petrol; perishable food items / bulk foods; human

remains / body parts or ashes; illegal goods or goods prohibited by any

statute or law; live / dead animals; and valuable cargo including but not

limited to precious jewels, gems, metals and money / currency, bullion,

traveller’s cheques; alcohol; stand-alone lithium metal batteries and

lithium-ion batteries; blood samples, laboratory specimens; aerosol

cans / sprays, glass, mirrored items, crystal, ceramic, pottery, porcelain,

plaster, marble, china, stone, slate, resin, granite and concrete;

household goods containing flammable or corrosive liquids, such as

oven or drain cleaners, perfume, aftershave, hairspray, nail varnish and

remover and antiseptic wipes; specially packaged and sealed liquids,

adhesives, paint, oil, creams and gels; and plants, seeds, flowers and

plant derivatives; electronic devices, mobile phones, pornography,

clinical/biological examples, and prescription medication including

Schedules 3 to 6 medication, including narcotics and other prohibited

and illegal drugs.

3.2. You are not allowed to place Prohibited Items in the PAXI flyer bag.

PAXI reserves the right to, without penalty or any liability for alleged

damage caused to you in doing so, retain and open a Parcel and/or

hand it over to the appropriate authorities should it have a reasonable

suspicion that any Parcel contains a Prohibited Item and/or illegal item,

and if necessary to destroy the contents without (i) refunding You the

PAXI service fee paid, and (ii) the general loss/damage insurance cover

as stated in clause 7 below or any other amount whatsoever.

4. Packaging

4.1. The obligation is on You to ensure that Your PAXI parcel is sealed and

safely packaged to avoid any damage to Your parcel. For this reason,

neither PAXI nor Any Associated Company will be liable to you for any

damages or loss suffered by You due to physical damage to Your

parcel. 4.2. You are responsible for ensuring that Your parcel is not overpacked and

should not exceed the weight or size dimensions of the specific PAXI

flyer bag you have purchased.

4.3. You are responsible for ensuring that Your parcel is not taped closed

with any other tape than what is provided with the parcel bag.

5. Delivery of parcels

5.1. Depending on the service type chosen, Delivery Type Timelines (“DTT”)

will apply.

5.2. PAXI will use its best endeavours to make sure that any parcel reaches

the Collection Site or Delivery Site within the DTT. The DTT

communicated by PAXI are estimates and subject to these terms and

conditions. Accordingly, PAXI will not be liable for any delay in the

delivery of the parcel unless it is directly caused by PAXI or any

Associated Company's gross negligence or willful default.

5.3. Collection Site orders

5.3.1. Parcels will be held by PAXI for a period not exceeding 14

calendar days from arrival at the Collection Site. PAXI will send

You an sms notification after the parcel has arrived at the

Collection Site. PAXI may in its sole discretion contact You

and/or send You further reminders if the parcel remains

uncollected.

5.3.2. If any parcel has not been collected after 14 calendar days, then

PAXI will return the parcel to the Original Site and inform You

hereof via sms. Thereafter, where a parcel is not collected from

the Origination Site within a further 14 calendar days, PAXI shall

be entitled to donate the parcel.

5.4. Delivery Site orders

5.4.1. The Parcel is subject to a maximum of 3 delivery attempts to the

designated Delivery Site.

5.4.2. When a Parcel is out for delivery, the recipient will receive a

WhatsApp notification from the Courier.

5.4.3. If, after the 3rd attempt, the Parcel has not been successfully

delivered, PAXI will return the parcel to the Original Site and

inform You hereof via sms. Thereafter, where a parcel is not

collected from the Origination Site within a further 14 calendar

days, PAXI shall be entitled to donate the parcel.

6. Safety of OTP and unauthorised use of the OTP

6.1. You must keep Your OTP secure and You must not give it to anyone

else.

6.2. If You suspect that the confidentiality of the OTP has been

compromised, You should immediately advise us by contacting the PAXI

Customer Care Centre.

6.3. If any unauthorised person obtains the OTP in any manner whatsoever,

such a person will be regarded as Your proxy with permission and with

full authority to collect or take delivery of the parcel at the Collection or

Delivery Site on Your behalf, unless You are able to prove that the person has obtained the OTP as a result of PAXI's gross negligence or

wilful misconduct.

7. Limitation of liability

You use the PAXI Services at Your own risk.

7.1. Under no circumstances will PAXI or any Associated Company be liable

to You for any:

7.1.1. damages or loss suffered by You due to physical damage to

Your parcel unless it is directly caused by PAXI's gross

negligence or wilful default;

7.1.2. indirect, special and/or consequential losses and/or damages;

and

7.1.3. delay or failure to fulfil its obligations under these terms and

conditions to the extent that any such delay or failure arises from

causes beyond its control, including but not limited to fire, floods,

acts of God, acts or regulations of any governmental or

supranational authority, war, riot, terrorist activities, strikes,

lockouts and industrial disputes and/or any system outages.

7.2. Notwithstanding clause 7.1.2, where PAXI is found to be liable by a

court of law or otherwise, PAXI or any Associated Company's liability for

any loss suffered by You, will be limited to the amount of R500.00.

7.3. In the case of additional PAXI parcel insurance purchased, PAXI or any

Associated Company’s liability is specifically limited to the value of the

parcel or R2500 or R5000, depending on the cover purchased or the

value of Your loss, whichever amount is less.

7.4. PAXI additional Parcel Insurance Cover vouchers:

7.4.1. Any total loss or theft of a PAXI Parcel whilst in the possession,

control or custody of PAXI or any PAXI Service Point or PAXI

authorised courier, is limited to the maximum value of R2500, for

a R10 parcel insurance cover voucher purchased, or R5000 for

a R20 parcel insurance cover voucher purchased respectively,

or the value of Your loss, whichever amount is less, payable to

the person who has delivered a parcel to a PAXI Service Point,

and who has a valid PAXI Parcel Insurance Cover voucher at the

time that the PAXI Parcel was lost or stolen.

7.4.2. Only one claim per PAXI Parcel Cover Voucher is allowed.

7.4.3. Exclusion: Any damages to Your PAXI Parcel whilst in the

possession of PAXI is not covered. Only total loss or theft of the

parcel whilst in the possession of PAXI, is covered.

7.4.4. Premium: R10 for up to R2500 cover or R20 for up to R5000

cover

7.4.5. PAXI parcel cover vouchers are non-refundable.

7.4.6. To activate: WhatsApp Your PAXI Parcel Cover Voucher Number

to 021 010 1574 to activate Your voucher within 24 hours of

voucher purchase

7.4.7. To claim: Call 086 000 7294 – You must notify us of Your claim

within 14 calendar days of the loss of the parcel. You will be

asked to provide Your voucher number and parcel number. 7.4.8. If you do not submit a claim within 6 months after the loss of

Your parcel, Your benefits will be lost. This is in terms of the

PAXI embedded insurance and PAXI Parcel Cover Voucher,

whichever option applies to Your loss.

7.5. Intermediary: Pepkor Trading (Pty) Ltd t/a PAXI (FSP 3247),

Underwritten by Abacus Insurance Ltd.

8. Indemnity and warranty

8.1. You undertake that You are the lawful owner of the parcel, alternatively

that You are the duly authorised representative of the lawful owner of

the parcel and that the parcel will not contain any Prohibited Items.

8.2. You indemnify PAXI and/or any of its Associated Companies against

any damage, loss and/or consequential damage that You may suffer as

a result of any breach of any undertaking and/or warranty by You; and

incorrect, wrong, unauthorised and/or wrongful instructions or

information given by You or any other person authorised or deemed to

be authorised to act on Your behalf or as a result of incorrect,

unauthorised and/or wrongful delivery or collection of parcels.

8.3. You warrant to us that You have the required legal capacity to enter into

and be bound by these terms and conditions.

9. Use of Your Personal Information

9.1. By making use of the PAXI Services You consent:

9.1.1. to PAXI collecting, using and storing Your personal information,

including cellphone number, name, identity number and

transactional information ("Personal Information") provided

during the registration process or thereafter and Your

transactional information in order to render the PAXI Service and

to comply with legal and regulatory obligations; and

9.1.2. that educational and/or informative and/or promotional

messages may be sent to You.

9.2. The consent provided in terms of clause 9.1 above is voluntary, but if

You do not provide such consent to us, we will not be able to provide

You with the PAXI Services.

9.3. Where You have given us further consent, You also agree to:

9.3.1. the processing of Your Personal Information by PAXI and other

companies in the Pepkor group ("Pepkor Group"), any of their

operators, commercial partners, agents and subcontractors (who

may be outside South Africa and in countries that do not have

similar data protection laws to South Africa) on the condition that

they will keep Your Personal Information confidential and will

only use Your Personal Information for the purposes of providing

information about products and services to You and to comply

with legal and regulatory obligations;

9.3.2. the collection of Your Personal Information from any other

source to supplement the information which the Pepkor Group

has about You; 9.3.3. the retention of Your Personal Information indefinitely, unless

You object, in which case we will retain such information for as

long as legally permitted;

9.3.4. the use of Your Personal Information to send You information

about products, services and special offers offered by the

Pepkor group and its commercial partners that may be of

interest to You.

9.4. The consent provided in terms of clause 9.2 can be withdrawn by You at

any time by contacting the PAXI Customer Care Centre.

9.5. If You choose to be excluded from direct marketing campaigns in the

future from us, You must advise PAXI by contacting the call center or

You can advise us in writing or register a block on any registry which we

are bound by law to recognise. We will not charge You a fee to update

this request on our systems and we will give effect to changes as soon

as reasonably possible.

9.6. You must keep us informed of any changes in Your Personal

Information provided to us during the registration process.

9.7. Subject to applicable law, You may access the Personal Information we

have about You by contacting the PAXI Customer Care Centre.

9.8. If You are unhappy about the way Your Personal Information is being

processed, You should contact the PAXI Customer Care Centre.

10. General

10.1. These terms and conditions are the only record of the contract between

the parties in regard to the subject matter of these terms and conditions.

Unless a court holds otherwise, no party is legally obliged to comply

with any term, condition or undertaking not recorded in these terms and

conditions, and these terms and conditions replace any arrangement or

understanding held by the parties before these terms and conditions

governed their relationship.

10.2. The parties acknowledge that each provision of these terms and

conditions is separate. If any provision of these terms and conditions is

or becomes illegal, invalid or unenforceable for any reason, it must be

treated as if it had not been included in these terms and conditions. This

does not:

10.2.1. make the rest of these terms and conditions illegal, invalid or

unenforceable; or

10.2.2. affect the legality, validity or enforceability of any other provision

or these terms and conditions as a whole.

10.3. PAXI may use the services of any subcontractor for the purpose of

fulfilling our obligations under these terms and conditions in whole or in

part.

10.4. If You breach these terms and conditions and PAXI chooses to ignore

this, or if PAXI delays enforcing any of its rights against You, PAXI will

still be entitled to use its rights and remedies at a later stage in time or

in any other situation where You breach the terms and conditions.

11. Age Restriction 11.1. By using the service, you affirm that you are 18 years of age or older.

11.2. If you are under the age of 18, you may only use the service with the

involvement of a parent or legal guardian.

11.3. By using the service, you warrant that you are legally capable of

entering into binding contracts and that all information you provide is

accurate and truthful.

11.4. We reserve the right to refuse service, terminate accounts, or cancel

orders at our discretion if we believe that any user violates applicable

laws or is under the age of 18 without proper parental or legal guardian

consent.