TERMS & CONDITIONS (African Smoke Head Shop)

These Terms & Conditions (“Terms”) govern your access to and use of this website and any purchase of products or services from African Smoke Head Shop (“African Smoke”, “we”, “us”, “our”). By using this website and/or placing an order, you agree to these Terms.

1) Company details

African Smoke Head Shop
Email: info@africansmoke.co.za
Phone: 076 394 7676
Address: 145 Beyers Naudé Dr, Franklin Roosevelt, Randburg, Gauteng, South Africa

2) Definitions

  • “Customer/you”: the person using the site or buying from us.
  • “Products”: any goods sold on the site (including genetics, clones, accessories, etc.).
  • “Services”: any services offered/booked through the site (e.g., bookings related to freeze drying).
  • “Order”: a purchase request submitted via the website checkout.
  • “Business days”: Monday to Friday excluding South African public holidays.

3) Eligibility and lawful use

3.1 You must be legally permitted to purchase and possess the Products you order under applicable South African law.
3.2 You may not use our Products or Services for unlawful purposes.
3.3 Where Products relate to restricted or regulated categories, you are responsible for ensuring compliance with all applicable laws, permits, and rules (including any licensing requirements that may apply to cultivation, distribution, trade, transport, or resale).
3.4 We may request additional information or verification before fulfilling an Order.

4) Product information and availability

4.1 We aim to display Products accurately (including images, descriptions, and pricing). However, product images are illustrative and may differ slightly from the delivered item due to batch differences, manufacturer updates, packaging changes, or screen settings.
4.2 Stock availability is not guaranteed. Items may sell out before an Order is processed.

5) Pricing, promotions, and errors

5.1 Prices are shown in South African Rand (ZAR) unless stated otherwise.
5.2 We reserve the right to change prices and promotions at any time without notice.
5.3 If a Product is listed with an incorrect price or incorrect information due to an error, we may correct the error and/or cancel the affected Order (see clause 7).

6) Payment

6.1 Payment methods available will be shown at checkout.
6.2 Orders are only processed once payment is authorised/confirmed (where applicable).

7) Order acceptance, cancellations, and our right to refuse

7.1 Submitting an Order does not mean it has been accepted. Acceptance occurs when we confirm processing/dispatch (or otherwise confirm acceptance in writing).
7.2 We reserve the right, at our sole discretion, to cancel any Order and issue a refund at any time, for any reason. This may include (but is not limited to) stock availability, pricing or listing errors, suspected fraud, payment verification issues, delivery limitations, or where we are unable to fulfil the Order. Where an Order is cancelled by us, our liability is limited to refunding the amount paid.
7.3 If you request cancellation after dispatch, it will be treated as a return and handled under our Returns/Refunds Policy (clause 10).

8) Delivery, shipping, and risk

8.1 Delivery options, fees, and any estimated timelines are displayed at checkout (where applicable). Delivery estimates are not guaranteed.
8.2 Risk of loss or damage passes to you upon delivery to the address provided in your Order.
8.3 You must ensure delivery details are correct. If a parcel is returned due to incorrect details, you may be liable for additional shipping fees.

9) Inspections on delivery

9.1 Please inspect your Order as soon as possible after delivery.
9.2 If your item arrives broken, incorrect, or mislabelled, you must contact us within 5 days of delivery and provide your order number and clear photos of the item and packaging (see clause 10.6).

10) Returns, refunds, and exchanges

This section incorporates (and should be read with) our Refund & Returns Policy.

10.1 Unused returns (7 days): We accept returns on unused Products within 7 days of delivery. We do not accept used Product returns under any circumstances.
10.2 Restocking fee (preference returns): Returns due to personal preference incur a 15% restocking fee.
10.3 Store credit option: Returns exchanged for store credit do not incur a restocking fee.
10.4 Shipping/processing fees: Shipping charges and processing fees are non-refundable.
10.5 Return process: You must correspond with us first to arrange the return/courier collection or exchange. Unauthorised returns may be refused.
10.6 Damaged/incorrect items: If a Product arrives broken, incorrect, or mislabelled, contact us within 5 days with order number + photos. We will replace the item at no additional cost, and we may request the original defective item be sent back.
10.7 Refund timing: Once we receive your return, we will issue the refund within 48 hours, subject to your bank/payment provider clearing times (typically 2–4 business days).
10.8 Return shipping costs: Unless otherwise agreed, you are responsible for return shipping costs. Shipping costs are non-refundable.

11) Genetics, clones, living products, and performance disclaimers

11.1 Certain Products (including seeds/clones/living or biological items) are affected by factors beyond our control such as environment, handling, storage, cultivation method, and user skill. For that reason, results may vary.
11.2 To the maximum extent permitted by law, we do not guarantee outcomes such as germination rate, yield, potency, terpene profile, or cultivation success.
11.3 Where we provide guides or educational content, it is for general information only and does not replace professional advice or legal compliance checks.

12) Services and bookings (if applicable)

12.1 If you book a Service via the website (including any tray/time-slot booking), you agree to provide accurate details and comply with any instructions we provide.
12.2 We may reschedule or cancel Services due to operational constraints or circumstances beyond our control; if cancelled by us, we will refund any Service fees paid for the cancelled Service (unless otherwise agreed in writing).
12.3 If you miss a booked slot due to your own delay or non-attendance, fees may be forfeited (unless we agree otherwise in writing).

13) Warranties and CPA rights

13.1 Nothing in these Terms limits any non-excludable rights you have under the South African Consumer Protection Act (“CPA”).
13.2 Where Products are defective, you may be entitled to remedies under the CPA, subject to the CPA’s requirements and any applicable exclusions/conditions.

14) Limitation of liability

14.1 To the maximum extent permitted by law, we are not liable for indirect, special, or consequential losses (including loss of profit, loss of use, or business interruption).
14.2 Our total liability for any claim relating to an Order is limited to the amount paid for the affected Product(s) or Service(s).
14.3 We are not responsible for delays or failures caused by events beyond our reasonable control (e.g., courier disruptions, supply issues, power/network outages, extreme weather).

15) Privacy and data protection

15.1 We process personal information in accordance with our Privacy Policy and applicable South African data protection laws.
15.2 By using the website, you consent to such processing as described in our Privacy Policy.

16) Intellectual property

All website content (text, images, branding, product content) is owned by or licensed to us and may not be copied, reproduced, or used without permission.

17) Reviews, comments, and user content

If you post reviews/comments, you agree they will not be unlawful, misleading, abusive, or infringe third-party rights. We may remove content at our discretion.

18) Changes to these Terms

We may update these Terms at any time. The latest version will be posted on the website with the updated date. Continued use of the site after changes means you accept the updated Terms.

19) Governing law and disputes

These Terms are governed by the laws of the Republic of South Africa. Parties consent to the jurisdiction of South African courts for disputes arising from these Terms.

20) Contact

For any questions about these Terms, Orders, or returns/refunds, contact us at info@africansmoke.co.za.