SHIPPING TERMS AND CONDITIONS
THESE TERMS AND CONDITIONS GOVERN YOUR RELATIONSHIP WITH US AND REGULATE YOUR USE OF THE PAXI SERVICE.
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.
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 to which You intend sending the parcel using the PAXI Service;
“Main Centre”means any Pep Stores in a city or town in the Republic of South Africa;
“Original Site”means the site from which a parcel was originally 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 sending “PAXI” via sms to 30941, its primary function being to assist with any customer related enquiries concerning the PAXI Service;
“PAXI Service/s”means shipment of a parcel from one participating PAXI site to another;
“Recipient”means the person who collects the parcel from the Collection Site;
“Sender”means the person who instructs us to send the parcel;
“Working Hours”means 08:00 till 18:00 on a Business Day; and
“You”means the Sender or Recipient, or both the Sender and Recipient, depending on the context.
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 Site.
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.
If You continue to use the PAXI Service after the new rules begin to apply, the amended rules will apply.
If You have any questions regarding these terms and conditions, You can contact the PAXI Customer Care Centre for assistance.
OVERVIEW OF THE PAXI SERVICE
You can select a Collection Site at the PAXI counter at any participating PAXI site.
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 will be required to pay for the PAXI Service in full at the point of sale at the Original Site.
Once You have received a payment slip and handed it to the PAXI representative at the PAXI counter, You will be furnished with a PAXI box or PAXI flyer bag.
You may place the item You intend to send into the PAXI box or PAXI flyer and once You have sealed it, You may hand it in at the PAXI counter at the Original Site.
PAXI will confirm Your order by sending You an sms confirmation together with a parcel reference number.
You can track Your parcel by using Your parcel reference number at www.paxi.co.za or by phoning the PAXI Customer Care Centre or by sms to PAXI, where after a PAXI representative will call You.
PAXI will send You another sms with an OTP and collection instructions once the parcel has arrived at the Collection Site. You will be responsible for sending the OTP and collection instructions to the Recipient.
The Recipient will be required to produce the OTP at the Collection Site. PAXI will only be required to verify the OTP presented by the Recipient at the Collection 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.
The “Prohibited Items” are any of the following items: an item that does not have internal packaging to protect it; items which are not in a PAXI box or flyer; any item that weighs more than 10 kg’s and/or is larger than 450cm x 300cm x 200cm in dimension; any dangerous goods including, but not limited to explosives, fireworks, crackers, radioactive materials, firearms and/or ammunition and/or weapons, hazardous materials / flammable materials, including alcohol aerosol cans / sprays, any items that have contained oil or petrol; perishable food items, 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; lithium metal batteries and lithium-ion batteries; blood samples, laboratory specimens; corrosive liquids and prescription medication including Schedules 3 to 6 medication.
You are not allowed to place Prohibited Items in the PAXI Parcel bags. PAXI reserves the right to, without penalty or any liability for alleged damage caused to you in doing so, retain 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.
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.
DELIVERY OF PARCELS
Depending on the service type chosen, delivery can take between 3 to 7 Business Days (for main centres), provided the parcel is dropped off before 15h00. For delivery to outlying or rural areas (60km or more from a main centre), the service can take between 7 to 10 Business Days.
PAXI will use its best endeavours to make sure that any parcel reaches the Collection Site within the Business Days set out above. However, You confirm that time is not of the essence in relation to the delivery of any parcel. The delivery times 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 wilful default.
Parcels will be held by PAXI for a period not exceeding 14 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.
If any parcel has not been collected after 14 days, then PAXI may return the parcel to the Original Site and inform You hereof via sms, in which case You may be responsible for reimbursing PAXI for any costs associated with the return. Thereafter, where a parcel is not collected from the Original Site within a further 14 days, PAXI shall, at its sole discretion, be entitled to donate, store or destroy the parcel at Your risk and expense. PAXI may, in its sole discretion, retain possession of a parcel until all the charges associated with it has been paid.
If the Sender has not received an sms containing an OTP or the Recipient is unable to collect the parcel, PAXI must be notified thereof within 14 days from arrival at the Collection Point, whereafter PAXI will launch an investigation into its whereabouts.
SAFETY OF OTP AND UNAUTHORISED USE OF THE OTP
You must keep your OTP secure and you must not give it to anyone else.
If You suspect that the confidentiality of the OTP has been compromised You should immediately advise us by contacting the PAXI Customer Care Centre.
If any unauthorised person obtains the OTP in any manner whatsoever, such a person will be regarded as Your agent with permission and with full authority to collect the parcel at the Collection 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 willful misconduct.
LIMITATION OF LIABILITY
You use the PAXI Services at Your own risk.
Under no circumstances will PAXI or any Associated Company be liable to You for any:
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;
indirect, special and/or consequential losses and/or damages; and
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.
Notwithstanding clause 8.2, where PAXI is found to be liable by a court of law, PAXI or any Associated Company’s liability for any loss or damage suffered by You, will be limited to the amount of R500.00.
In the case of a lost parcel, PAXI or any Associated Company’s liability is specifically limited to the value of the parcel or R500, whichever amount is less.
INDEMNITY AND WARRANTY
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.
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.
You warrant to us that You have the required legal capacity to enter into and be bound by these terms and conditions.’
USE OF YOUR PERSONAL INFORMATION
By making use of the PAXI Services You consent:
to PAXI collecting, using and storing Your personal information, including cell-phone 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
that educational and/or informative and/or promotional messages may be sent to You.
The consent provided in terms of clause 10.1.1 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.
Where You have given us further consent, You also agree to:
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 sub-contractors (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;
the collection of Your Personal Information from any other source to supplement the information which the Pepkor Group has about You;
the retention of Your Personal Information indefinitely, unless You object, in which case we will retain such information for as long as legally permitted;
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;
a credit enquiry being conducted about You with any credit bureau or credit provider and providing Your Personal Information, including the manner in which You conduct Your Account, to credit risk management services and/or crime prevention agencies.
The consent provided in terms of clause 10.2 above is voluntary and You can withdraw such consent at any time by contacting the PAXI Customer Care Centre.
If You choose to be excluded from direct marketing campaigns in the future from us, You must advise PAXI by contacting the call centre 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.
You must keep us informed of any changes in Your Personal Information provided to us during the registration process.
Subject to applicable law, You may access the Personal Information we have about You by contacting the PAXI Customer Care Centre.
If You are unhappy about the way Your Personal Information is being processed, You should contact the PAXI Customer Care Centre.
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.
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:
make the rest of these terms and conditions illegal, invalid or unenforceable; or
affect the legality, validity or enforceability of any other provision or these terms and conditions as a whole.
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.
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.
The terms set out herein are subject to the jurisdiction of the laws of the Republic of South Africa.