Terms of Service
Last updated: May 2025
1. Acceptance of Terms
By accessing or using the Fumba Supermarket website and mobile application ("Platform"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Platform.
These Terms constitute a legally binding agreement between you and Fumba Supermarket, governed by the laws of the Republic of South Africa, including the Electronic Communications and Transactions Act, 25 of 2002 (ECTA) and the Consumer Protection Act, 68 of 2008 (CPA).
2. Eligibility
You must be at least 18 years old to create an account and place orders. By using this Platform, you confirm that you meet this age requirement. Orders for age-restricted products (e.g. alcohol) require additional confirmation of age upon delivery.
3. Account Registration
To place orders, you must create an account with a valid email address. You are responsible for:
- Maintaining the confidentiality of your login credentials.
- All activities that occur under your account.
- Notifying us immediately of any unauthorised use at support@fumba.co.za.
We reserve the right to suspend or terminate accounts that violate these Terms or engage in fraudulent activity.
4. Orders and Pricing
All prices are displayed in South African Rand (ZAR) and include VAT where applicable. Prices and product availability are subject to change without notice. An order confirmation email does not constitute a binding contract until the order is confirmed for fulfilment by Fumba.
We reserve the right to cancel or limit orders in the following circumstances:
- Products are out of stock or unavailable.
- Pricing errors are identified.
- We suspect fraudulent or abnormal purchasing behaviour.
In such cases, a full refund will be issued for any amounts already charged.
5. Delivery
Delivery availability and timeframes depend on your location and selected delivery slot. While we strive to meet estimated delivery times, Fumba does not guarantee specific delivery windows and shall not be held liable for delays caused by circumstances beyond our reasonable control (e.g. traffic, weather, public holidays).
You must ensure someone is available at the delivery address during the selected slot. Missed deliveries may incur a redelivery fee.
6. Payment
We accept payment via credit/debit card, EFT, and PayFast. All payments are processed securely. By providing payment details, you authorise us to charge the total amount for your order. We do not store card information — this is handled by our PCI-DSS compliant payment partners.
7. Product Information
We make every effort to display accurate product images, descriptions, and nutritional information. However, product packaging and formulations may change, and images are for illustrative purposes only. Always refer to the physical product label for the most accurate information, especially regarding allergens and ingredients.
8. Intellectual Property
All content on this Platform, including logos, images, text, and software, is the property of Fumba Supermarket or its licensors and is protected by applicable intellectual property laws. You may not copy, reproduce, distribute, or create derivative works without our express written permission.
9. Limitation of Liability
To the maximum extent permitted by South African law, Fumba Supermarket shall not be liable for any indirect, incidental, or consequential damages arising from your use of the Platform or our services. Our total liability for any claim shall not exceed the value of the order giving rise to such claim.
Nothing in these Terms limits liability for fraud, gross negligence, or any liability that cannot be excluded under the CPA.
10. Governing Law and Disputes
These Terms are governed by the laws of the Republic of South Africa. Any disputes shall be subject to the exclusive jurisdiction of the South African courts. We encourage you to contact us first to resolve disputes amicably before pursuing legal remedies.
11. Changes to Terms
We may update these Terms at any time. Material changes will be communicated via email or a notice on our Platform. Continued use of the Platform after changes become effective constitutes your acceptance of the new Terms.
12. Contact
Fumba Supermarket
Email: legal@fumba.co.za
Phone: +27 (0) 10 000 0000
Address: Fumba Supermarket, South Africa
