Terms of Service

OVERVIEW
This website is operated by MUTINGATI.COM. Throughout the site, the terms
“we”, “us” and “our” refer to MUTINGATI.COM. MUTINGATI.COM offers this
website, including all information, tools and services available from this site to
you, the user, conditioned upon your acceptance of all terms, conditions,
policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our
“Service” and agree to be bound by the following terms and conditions
(“Terms of Service”, “Terms”), including those additional terms and conditions
and policies referenced herein and/or available by hyperlink. These Terms of
Service apply to all users of the site, including without limitation users who are
browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our
website. By accessing or using any part of the site, you agree to be bound by
these Terms of Service. If you do not agree to all the terms and conditions of
this agreement, then you may not access the website or use any services. If
these Terms of Service are considered an offer, acceptance is expressly
limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be
subject to the Terms of Service. You can review the most current version of
the Terms of Service at any time on this page. We reserve the right to update,
change or replace any part of these Terms of Service by posting updates
and/or changes to our website. It is your responsibility to check this page
periodically for changes. Your continued use of or access to the website
following the posting of any changes constitutes acceptance of those
changes.
Our store is hosted on DigiTrends Media (Pty) Ltd. They provide us with the
online e-commerce platform that allows us to sell our products and services
to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the
age of majority in your state or province of residence, or that you are the age
of majority in your state or province of residence and you have given us your
consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor
may you, in the use of the Service, violate any laws in your jurisdiction
(including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive
nature.
A breach or violation of any of the Terms will result in an immediate
termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information),
may be transferred unencrypted and involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical requirements
of connecting networks or devices. Credit card information is always
encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion
of the Service, use of the Service, or access to the Service or any contact on
the website through which the service is provided, without express written
permission by us.
The headings used in this agreement are included for convenience only and
will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not
accurate, complete or current. The material on this site is provided for
general information only and should not be relied upon or used as the sole
basis for making decisions without consulting primary, more accurate, more
complete or more timely sources of information. Any reliance on the material
on this site is at your own risk.
This site may contain certain historical information. Historical information,
necessarily, is not current and is provided for your reference only. We reserve
the right to modify the contents of this site at any time, but we have no
obligation to update any information on our site. You agree that it is your
responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any
part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price
change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the
website. These products or services may have limited quantities and are
subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors
and images of our products that appear at the store. We cannot guarantee
that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products
or Services to any person, geographic region or jurisdiction. We may exercise
this right on a case-by-case basis. We reserve the right to limit the quantities
of any products or services that we offer. All descriptions of products or
product pricing are subject to change at anytime without notice, at the sole
discretion of us. We reserve the right to discontinue any product at any time.
Any offer for any product or service made on this site is void where
prohibited.
We do not warrant that the quality of any products, services, information, or
other material purchased or obtained by you will meet your expectations, or
that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our
sole discretion, limit or cancel quantities purchased per person, per
household, per department or per order. These restrictions may include orders
placed by or under the same customer account, the same credit card,
and/or orders that use the same billing and/or shipping address. In the event
that we make a change to or cancel an order, we may attempt to notify you
by contacting the e-mail and/or billing address/phone number provided at
the time the order was made. We reserve the right to limit or prohibit orders
that, in our sole judgment, appear to be placed by dealers, resellers or
distributors.
You agree to provide current, complete and accurate purchase and
account information for all purchases made at our store. You agree to
promptly update your account and other information, including your email
address and credit card numbers and expiration dates, so that we can
complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither
monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is”
and “as available” without any warranties, representations or conditions of
any kind and without any endorsement. We shall have no liability whatsoever
arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your
own risk and discretion and you should ensure that you are familiar with and
approve of the terms on which tools are provided by the relevant third-party
provider(s).
We may also, in the future, offer new services and/or features through the
website (including, the release of new tools and resources). Such new
features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include
materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not
affiliated with us. We are not responsible for examining or evaluating the
content or accuracy and we do not warrant and will not have any liability or
responsibility for any third-party materials or websites, or for any other
materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of
goods, services, resources, content, or any other transactions made in
connection with any third-party websites. Please review carefully the thirdparty’s policies and practices and make sure you understand them before
you engage in any transaction. Complaints, claims, concerns, or questions
regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest
entries) or without a request from us you send creative ideas, suggestions,
proposals, plans, or other materials, whether online, by email, by postal mail,
or otherwise (collectively, ‘comments’), you agree that we may, at any time,
without restriction, edit, copy, publish, distribute, translate and otherwise use
in any medium any comments that you forward to us. We are and shall be
under no obligation (1) to maintain any comments in confidence; (2) to pay
compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we
determine in our sole discretion are unlawful, offensive, threatening, libelous,
defamatory, pornographic, obscene or otherwise objectionable or violates
any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party,
including copyright, trademark, privacy, personality or other personal or
proprietary right. You further agree that your comments will not contain
libelous or otherwise unlawful, abusive or obscene material, or contain any
computer virus or other malware that could in any way affect the operation
of the Service or any related website. You may not use a false e-mail address,
pretend to be someone other than yourself, or otherwise mislead us or thirdparties as to the origin of any comments. You are solely responsible for any
comments you make and their accuracy. We take no responsibility and
assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our
Privacy Policy. To view our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that
contains typographical errors, inaccuracies or omissions that may relate to
product descriptions, pricing, promotions, offers, product shipping charges,
transit times and availability. We reserve the right to correct any errors,
inaccuracies or omissions, and to change or update information or cancel
orders if any information in the Service or on any related website is inaccurate
at any time without prior notice (including after you have submitted your
order).
We undertake no obligation to update, amend or clarify information in the
Service or on any related website, including without limitation, pricing
information, except as required by law. No specified update or refresh date
applied in the Service or on any related website, should be taken to indicate
that all information in the Service or on any related website has been
modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are
prohibited from using the site or its content: (a) for any unlawful purpose; (b)
to solicit others to perform or participate in any unlawful acts; (c) to violate
any international, federal, provincial or state regulations, rules, laws, or local
ordinances; (d) to infringe upon or violate our intellectual property rights or
the intellectual property rights of others; (e) to harass, abuse, insult, harm,
defame, slander, disparage, intimidate, or discriminate based on gender,
sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f)
to submit false or misleading information; (g) to upload or transmit viruses or
any other type of malicious code that will or may be used in any way that will
affect the functionality or operation of the Service or of any related website,
other websites, or the Internet; (h) to collect or track the personal information
of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for
any obscene or immoral purpose; or (k) to interfere with or circumvent the
security features of the Service or any related website, other websites, or the
Internet. We reserve the right to terminate your use of the Service or any
related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be
uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the
service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite
periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your
sole risk. The service and all products and services delivered to you through
the service are (except as expressly stated by us) provided ‘as is’ and ‘as
available’ for your use, without any representation, warranties or conditions of
any kind, either express or implied, including all implied warranties or
conditions of merchantability, merchantable quality, fitness for a particular
purpose, durability, title, and non-infringement.
In no case shall MUTINGATI.COM, our directors, officers, employees, affiliates,
agents, contractors, interns, suppliers, service providers or licensors be liable
for any injury, loss, claim, or any direct, indirect, incidental, punitive, special,
or consequential damages of any kind, including, without limitation lost
profits, lost revenue, lost savings, loss of data, replacement costs, or any
similar damages, whether based in contract, tort (including negligence),
strict liability or otherwise, arising from your use of any of the service or any
products procured using the service, or for any other claim related in any
way to your use of the service or any product, including, but not limited to,
any errors or omissions in any content, or any loss or damage of any kind
incurred as a result of the use of the service or any content (or product)
posted, transmitted, or otherwise made available via the service, even if
advised of their possibility. Because some states or jurisdictions do not allow
the exclusion or the limitation of liability for consequential or incidental
damages, in such states or jurisdictions, our liability shall be limited to the
maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless MUTINGATI.COM and our
parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors,
licensors, service providers, subcontractors, suppliers, interns and employees,
harmless from any claim or demand, including reasonable attorneys’ fees,
made by any third-party due to or arising out of your breach of these Terms
of Service or the documents they incorporate by reference, or your violation
of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be
unlawful, void or unenforceable, such provision shall nonetheless be
enforceable to the fullest extent permitted by applicable law, and the
unenforceable portion shall be deemed to be severed from these Terms of
Service, such determination shall not affect the validity and enforceability of
any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination
date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you
or us. You may terminate these Terms of Service at any time by notifying us
that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply
with any term or provision of these Terms of Service, we also may terminate
this agreement at any time without notice and you will remain liable for all
amounts due up to and including the date of termination; and/or
accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of
Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this
site or in respect to The Service constitutes the entire agreement and
understanding between you and us and govern your use of the Service,
superseding any prior or contemporaneous agreements, communications
and proposals, whether oral or written, between you and us (including, but
not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be
construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide
you Services shall be governed by and construed in accordance with the
laws of 1743 CUNU STREET, DAVEYTON, BENONI, 1520.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at
this page.
We reserve the right, at our sole discretion, to update, change or replace any
part of these Terms of Service by posting updates and changes to our
website. It is your responsibility to check our website periodically for changes.
Your continued use of or access to our website or the Service following the
posting of any changes to these Terms of Service constitutes acceptance of
those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at
admin@mutingati.com.

Deliveries
Irrespective of the delivery method you choose, we always take responsibility
up to the point of delivery, i.e. if your parcel goes missing or the contents are
damaged, we will replace the affected items at no cost to you.
Please note that the time taken to dispatch an item is listed on each product
detail page.
For example, “In stock! Usually ships within 24 hours.” means that the
product is in our warehouse and we will ship it within 24 Hours.
For example, “Usually dispatched within 2-5 working days” means that it will
take us 2-5 working days to get the product from our supplier. The delivery
times listed below apply once we dispatch the item to you.
Same Day Delivery. Please take note that same-day delivery only applies
to working days on orders placed before 10am. Weekends and Public Holidays
are excluded. If an order is placed after 10am on the same day delivery option
then the order will only be dispatched the next working day.
Delivery options at a glance
Service Main Centres Regional Areas Out Lying Areas
Economy Courier – Orders over R600 Free* Free* R85
Economy Courier – Orders Under R600 R60 R85* R95
Collect from Mutingati Warehouse Free

Dependent on the number of items, mass, and value of the order.
Shipping Surcharges:
Door to door economy for orders 30kg – 37kg – R265
Door to door economy for orders 38kg – 50kg – R325
The Courier Guy:
Other services & surcharges:
Earlybird (Ensure delivery by 9:00) R220
Saturday collection or delivery (between 8:00 & 11:00) R480
After Hours or public holiday collection or delivery R620
Chain store / embassy collection or delivery R480
CRC R150
Tender Documents R120
High Risk Areas (Townships or hijacking Hot Spot Zones) R60
Fuel 20%
DSV:
Other services & surcharges:
After Hours Delivery R 621,49
Same Day Delivery R 396,81
Sat / Public Holiday R 233,61
Sunrise Delivery R 233,61
Retail Delivery R 89,42
BLNS Customs Doc Minimum R 418,52
Fuel Surcharge – (Fluctuating on the 1st Wednesday of every month)
Calculation is based on the wholesale price of diesel from a zero applied 7,69%
Collection at Mutingati Warehouse – Free
Detail
We currently offer three methods of delivery.
• Courier. These are door-to-door services. The delivery address must be
a physical address, and cannot be a post office box. Someone will need
to be available at the address to receive the delivery. Deliveries are
made during business hours from Monday to Friday. We currently offer
three courier options.
o Priority courier. We currently don’t offer this service.
o Standard courier. In main centres, this will reach you within 1- 2
business days of dispatch.
o Economy courier. In main centres, this will reach you within 1 – 3
business days of dispatch.
Main centres include properties within a 50km radius of the major cities in
South Africa. If you are not in a main centre, it may take a few days longer. We
do not deliver by courier to plots, farms, mines, military bases, major chain
stores, power stations, game reserves and lodges, airports or harbours, and
should your delivery address fall into one of these categories you will be liable
for the extra costs incurred in delivering or returning the parcel.
• Overnight post office counter. At this stage we don’t make use of the
Post Office
• Collection. You can also collect your parcel during office hours from
our Warehouse at Unit 9A & 10A, 17 Liverpool Road, Benoni South,
1501.
• Next Day Delivery
Please take note that next-day delivery only applies to working days on
orders placed before 10am. Weekends and Public Holidays are
excluded. If an order is placed after 10am on the next-day delivery
option then the order will only be dispatched the next working day.
Our office hours are Monday to Friday 8:30am – 5pm, and we’re open for
collections on Saturday from 8:30am to 1pm. We are not open on Sundays or
public holidays. We don’t charge for delivery if you choose to collect.
Free delivery options are subject to change.