IKHAMBI (Pty) Ltd T/A High5
1. Introduction
1.1. Website Access & Scope
- This website, accessible at www.highfive.co.za ("the Website"), is operated by High5 South Africa, a division of Ikhambi (Pty) Ltd.
- These Terms & Conditions ("Terms") govern all transactions, including the sale of cycling gear, accessories, and related services offered on the Website.
1.2. Binding Agreement
- By accessing, browsing, or making a purchase on the Website, you agree to be legally bound by these Terms.
- If you do not accept these Terms, you must immediately cease using the Website.
1.3. Changes to Terms
- High5 reserves the right to amend, modify, or update these Terms at any time without prior notice.
- Continued use of the Website after changes constitutes acceptance of the revised Terms.
2. Important Legal Notices
2.1. Consumer Protection Act (CPA) Compliance
- These Terms comply with the Consumer Protection Act 68 of 2008 (CPA) and include clauses that:
- Limit High5’s liability in certain circumstances.
- May impose obligations on you as the user.
- Require you to indemnify High5 against certain claims.
- Nothing in these Terms overrides your statutory rights under the CPA.
2.2. Electronic Communications & Transactions Act (ECTA)
- Transactions conducted via the Website are subject to the ECT Act 25 of 2002.
- By placing an order, you consent to electronic records as legally binding.
3. User Registration & Account Security
3.1. Registration Requirements
- To make purchases, you must register an account or use Guest Checkout.
- You warrant that all provided information is accurate, complete, and current.
3.2. Access Codes (Username & Password)
- You are responsible for:
- Keeping your login details secure and confidential.
- Immediately reporting unauthorised access to High5.
- High5 reserves the right to suspend or terminate accounts suspected of fraudulent activity.
3.3. Age Restrictions
- Users must be 18 years or older to register.
- Minors (under 18) may only use the Website under supervision of a parent/guardian, who accepts these Terms on their behalf.
4. Product Listings & Orders
4.1. Invitation to Treat (Not an Offer to Sell)
- Product listings on the Website are not binding offers but an invitation for you to make an offer to purchase.
- High5 reserves the right to accept or reject orders at its sole discretion.
4.2. Pricing & Errors
- High5 strives for accuracy but does not guarantee that all product descriptions, images, or prices are error-free.
- If an incorrect price is displayed, High5 may:
- Cancel the order and refund you.
- Offer the product at the correct price (subject to your approval).
4.3. Order Confirmation & Contract Formation
- A legally binding sale is only concluded once High5 dispatches the product (or confirms collection availability).
- You will receive an order confirmation email, but this does not yet constitute acceptance of your offer.
5. Payment Methods & Security
5.1. Accepted Payment Options
- Credit/Debit Cards (Visa/Mastercard) – Processed securely via PayFast.
- Bank Transfer (EFT) – Must reflect in High5’s account within 14 days, or the order is cancelled.
5.2. Fraud Prevention Measures
- High5 may request additional verification (e.g., ID copy, proof of payment) before processing orders.
- If payment authorization fails, the order will be automatically cancelled.
6. Delivery & Collection
6.1. Delivery Options
- Courier Services: High5 partners with FASTWAY & PARGO couriers for nationwide delivery.
- Delivery times are estimates only and depend on stock availability, location, and courier delays.
- We strive to complete orders within 3 - 5 working days upon receipt of payment.
6.2. Collection (Click & Collect)
- You may collect orders from High5’s Pretoria warehouse (subject to prior confirmation).
- Must present order reference & ID upon collection.
6.3. Risk & Ownership Transfer
- Risk of damage/loss transfers to you upon delivery.
- Ownership transfers only after full payment is received.
7. Returns, Refunds & Exchanges
7.1. Returns Policy (14-Day Cooling-Off Period)
- You may return unused, undamaged products in original packaging within 14 days of delivery.
- Exclusions:
- Clearance/sale items.
- Products removed from original packaging.
7.2. Refund Process
- Refunds are processed via EFT only (no credit card reversals).
- Transaction fees (if applicable) are non-refundable.
7.3. Exchanges
- Shipping costs are borne by the customer.
8. Privacy & Data Protection
8.1. Personal Information
- High5 collects data for order processing, marketing (opt-out available), and fraud prevention.
- See full Privacy Policy.
8.2. Security Measures
- High5 uses SSL encryption but cannot guarantee 100% security against cyber threats.
9. Limitation of Liability
9.1. High5’s Liability Cap
- High5 is not liable for:
- Indirect/consequential losses (e.g., lost profits).
- Courier delays/lost parcels (once dispatched).
- Product misuse or third-party modifications.
9.2. Force Majeure
- High5 is exempt from liability for delays caused by events beyond its control (e.g., strikes, natural disasters).
10. Dispute Resolution & Governing Law
10.1. Arbitration Clause
- Disputes must first be referred to mediation/arbitration (Arbitration Foundation of Southern Africa).
- Arbitration is confidential & binding.
10.2. Applicable Law
- These Terms are governed by South African law.
11. Contact Information
For inquiries:
📞 Phone: 087 654 1940
📧 Email: high5@ikhambi.co.za
🏢 Address: 46 Amatole Crescent, N4 Gateway Industrial Park , Pretoria
Last Updated: 4 / 4/ 2025