Terms of service
Terms of Service
Please read these Terms of Service carefully before using smael.co.za. By visiting our website or placing an order, you agree to be bound by these terms. If you do not agree, please do not use our site or services.
Our store is hosted on Shopify Inc., which provides our e-commerce platform and checkout infrastructure.
- Online Store Terms
- General Conditions
- Accuracy of Information
- Modifications to Services & Prices
- Products & Services
- Billing & Account Information
- Optional Third-Party Tools
- Third-Party Links
- User Comments & Submissions
- Personal Information
- Errors, Inaccuracies & Omissions
- Prohibited Uses
- Disclaimer of Warranties & Liability
- Indemnification
- Free Gift Disclaimer
- Promotional Free Gift Offer Terms
- Severability
- Termination
- Entire Agreement
- Governing Law
- Changes to Terms of Service
- Contact Information
- Intellectual Property & Creative Assets
1. Online Store Terms
- By agreeing to these Terms of Service, you confirm that you are at least 18 years of age, or that you have obtained parental or guardian consent to allow a minor in your care to use this site.
- You may not use our products or services for any illegal or unauthorised purpose, nor may you violate any applicable laws in your jurisdiction (including copyright and intellectual property laws).
- You must not transmit any worms, viruses, or code of a destructive or malicious nature through or in connection with our service.
- A breach or violation of any of these Terms will result in immediate termination of your access to our services.
2. General Conditions
- We reserve the right to refuse service to anyone for any reason at any time.
- You understand that your content (excluding payment card information) may be transferred unencrypted and may involve transmissions over various networks and changes to conform to technical requirements. Payment card information is always encrypted during transfer.
- You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of this service without our express written permission.
- The section headings in these Terms are for convenience only and do not limit or affect the terms in any way.
3. Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on this site is inaccurate, incomplete, or out of date. The material on this site is provided for general information purposes only and should not be relied upon as the sole basis for making decisions without consulting more accurate or up-to-date sources. Any reliance on material on this site is at your own risk.
This site may contain historical information provided for 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. It is your responsibility to monitor changes to our site.
4. Modifications to the Service and Prices
- Prices for our products are subject to change without notice.
- We reserve the right to modify or discontinue the service (or any part thereof) at any time without notice.
- We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the service.
5. Products and Services
Certain products or services may be available exclusively online. These products are subject to return or exchange only in accordance with our 30-Day Return Policy. We have made every effort to display product colours and images as accurately as possible, but we cannot guarantee that your screen's display will be fully accurate.
We reserve the right to limit sales of our products to any person, geographic region, or jurisdiction; to limit product quantities; to change product descriptions and pricing at any time without notice; and to discontinue any product at any time. Any offer for any product made on this site is void where prohibited by law. We do not warrant that product quality will meet your expectations, or that errors in the service will be corrected.
6. Accuracy of Billing and Account Information
We reserve the right to refuse any order placed with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order — including orders placed under the same customer account, credit card, or billing/shipping address. If we modify or cancel an order, we will attempt to notify you using the contact details provided at the time of purchase.
You agree to provide current, complete, and accurate purchase and account information for all purchases. You are responsible for promptly updating your account information — including your email address — so that we can complete your transactions and contact you as needed. For full details, please refer to our Returns Policy.
7. Optional Third-Party Tools
We may provide you with access to third-party tools over which we have no control, monitoring, or input. Access to such tools is provided "as is" and "as available" without any warranties or endorsement. We shall have no liability arising from your use of optional third-party tools. Any use of such tools is entirely at your own risk, and you should review the relevant third party's terms before using them. We may also offer new services or features in the future, which will also be subject to these Terms of Service.
8. Third-Party Links
Our site may include links to third-party websites not affiliated with us. We are not responsible for examining or evaluating the content, accuracy, or practices of those sites, and we accept no liability for any third-party materials, products, or services. We are not liable for any harm or damages arising from transactions made in connection with third-party websites. Please review their policies carefully before engaging with them.
9. User Comments, Feedback and Other Submissions
If you send us comments, suggestions, ideas, or other submissions — whether requested or unsolicited — you agree that we may use them in any medium at any time without restriction, compensation, or obligation to maintain confidentiality. We may, but are not obligated to, monitor, edit, or remove content we determine to be unlawful, offensive, or in violation of these Terms.
You agree that your comments will not violate any third-party rights, contain unlawful or abusive material, include malware, or misrepresent your identity. You are solely responsible for the accuracy and content of any submissions you make.
10. Personal Information
Your submission of personal information through our store is governed by our Privacy Policy and our POPIA Compliance Notice. Please review these documents to understand how we collect, use, and protect your personal information in accordance with the Protection of Personal Information Act 4 of 2013.
11. Errors, Inaccuracies and Omissions
Occasionally our site or service may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, availability, or shipping times. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information is inaccurate — at any time without prior notice, including after an order has been submitted.
12. Prohibited Uses
In addition to other prohibitions in these Terms, you are prohibited from using the site or its content for any unlawful purpose; to violate any regulations, rules, or laws; to infringe upon our intellectual property rights or those of others; to harass, abuse, or discriminate against any person; to submit false or misleading information; to upload or transmit malicious code; to collect personal information of others without consent; to spam, scrape, or crawl the site; or to interfere with or circumvent security features of the service.
13. Disclaimer of Warranties and Limitation of Liability
We do not guarantee that your use of our service will be uninterrupted, timely, secure, or error-free, nor that results obtained from the service will be accurate or reliable. The service and all products delivered through it are provided "as is" and "as available" without any warranties or conditions of any kind, either express or implied.
To the maximum extent permitted by South African law, Smael South Africa, its directors, employees, affiliates, agents, contractors, and suppliers shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind — including lost profits, lost revenue, loss of data, or replacement costs — arising from your use of the service or any products purchased through it.
14. Indemnification
You agree to indemnify, defend, and hold harmless Smael South Africa and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees from any claim or demand — including reasonable legal fees — made by any third party arising out of your breach of these Terms of Service or your violation of any law or the rights of a third party.
15. Free Gift Disclaimer
Smael South Africa is pleased to offer free gifts as a token of appreciation with qualifying purchases. These gifts are provided as complimentary items and are not covered under any warranty or guarantee. Free gifts are offered "as-is" and no replacement or repair service is provided for them.
By accepting a free gift, you acknowledge that Smael South Africa shall not be held liable for any damages, losses, or dissatisfaction related to the free gift. We recommend using all gifts responsibly and in accordance with the manufacturer's instructions. If you have any questions about our free gift policy, please contact our support team.
16. Promotional Free Gift Offer Terms
- Eligibility: Promotional free gift offers are available to customers who make qualifying purchases as displayed on our website, subject to availability.
- Multiple gifts: Customers may receive multiple free gifts corresponding to the number of qualifying items purchased in a single transaction, while stocks last.
- Offer validity: Offers are valid only while displayed on our website and while stock is available. Offers may be withdrawn without notice once stock is depleted.
- Claiming gifts: Free gifts must be claimed at the time of purchase and cannot be claimed retroactively.
- Modification and cancellation: We reserve the right to modify, suspend, or cancel any free gift offer at any time without prior notice.
- Returns: If any item purchased under a promotion is returned, all corresponding free gifts must also be returned unused and in original condition. Failure to return promotional gifts may result in their value being deducted from any refund due.
- No cash value: Promotional gifts have no cash value, cannot be exchanged for cash or credit, and are non-transferable.
- Abuse prevention: Attempts to exploit this promotion may result in order cancellation and exclusion from future promotions.
- Verification: We reserve the right to verify order eligibility and cancel non-compliant orders at our discretion.
17. Severability
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such a finding shall not affect the validity or enforceability of any other remaining provisions.
18. Termination
The obligations and liabilities of both parties incurred prior to termination shall survive the termination of this agreement. These Terms of Service are effective unless and until terminated by either you or us. You may terminate at any time by notifying us that you no longer wish to use our services, or by ceasing to use our site.
If in our sole judgment you have failed to comply with any term of these Terms of Service, we may terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our services accordingly.
19. Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms of Service, together with any policies or operating rules posted by us on this site, constitute the entire agreement between you and us and govern your use of the service — superseding any prior or contemporaneous agreements, communications, or proposals, whether oral or written. Any ambiguities in interpretation shall not be construed against the drafting party.
20. Governing Law
These Terms of Service and any separate agreements through which we provide you services shall be governed by and construed in accordance with the laws of the Republic of South Africa, including the Electronic Communications and Transactions Act 25 of 2002 and the Consumer Protection Act 68 of 2008. Our principal place of business is at Kempton Park, Gauteng, South Africa.
21. Changes to Terms of Service
You can review the most current version of these Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to our website following the posting of any changes constitutes your acceptance of those changes.
22. Contact Information
Questions or concerns about these Terms of Service should be directed to us using the details below. We aim to respond to all enquiries within 2 business days.
Smael South Africa
📧 Email: support@smael.co.za
💬 WhatsApp: 074 001 6851
🌐 Website: www.smael.co.za
📍 Kempton Park, Gauteng, South Africa
🕐 Monday – Friday, business hours
23. Intellectual Property and Creative Assets
All product images, collection card visuals, banner graphics, advertising creatives, and other visual assets displayed on smael.co.za are the original creative work of Smael South Africa (Formula Tune-ups CC) and are protected under applicable South African and international intellectual property law.
These assets were created through a proprietary creative process involving original human authorship, brand direction, creative selection, and design — including but not limited to product photography renders, lifestyle images, promotional banners, and collection page graphics.
Unauthorised copying, reproduction, downloading, distribution, publication, or commercial use of any visual content from this website is strictly prohibited. This includes, but is not limited to:
- Copying or reproducing product images for use on competing or third-party websites, social media pages, or online marketplaces
- Using our creative assets in advertising campaigns, promotions, or marketing materials without written permission
- Modifying, cropping, or altering our images and republishing them as original work
- Scraping, bulk-downloading, or automated extraction of images from this website
Smael South Africa reserves the right to pursue legal action and/or submit platform takedown requests (including DMCA notices) against any party found reproducing our creative assets without express written permission.
All creative assets published on smael.co.za are timestamped upon first publication and carry embedded ownership metadata (IPTC/EXIF) identifying Smael South Africa as the rights holder. This metadata constitutes evidence of original authorship and creation date.
We actively monitor the internet for unauthorised use of our creative assets using reverse image search technology. Where infringement is identified, we will submit takedown notices to the relevant platform without prior notice to the infringing party.
To request licensing or usage rights for any asset, contact: support@smael.co.za
Formula Tune-ups CC, trading as Smael South Africa. These Terms of Service were last updated in May 2026. Governing law: Republic of South Africa.