Copyright in information contained in this website is owned by Pepkor. You may use this information and reproduce it in hard copy for your own personal reference use only.
The information may not otherwise be reproduced, distributed or transmitted to any other person or incorporated in any way into another document or other material without the prior written permission of Pepkor.
Information of this website is given by us in good faith and has been taken from sources believed to be reliable.
We make no representations that the information contained on this website is accurate, complete or fair and no reliance should be placed on it for any purpose whatsoever.
The information contained herein is not intended to serve as financial or other advice. Pepkor shall not be liable to any person or company for use or reliance of any inaccurate information or opinions contained herein.
Pepkor does not make any representation regarding any other websites which may be accessed through this web site and accordingly accepts no responsibility for the content or use of such web sites or information contained therein.
Pepkor shall not be liable to any party for any form of loss or damage incurred as a result of any use or reliance on any information contained on such a website.
TERMS AND CONDITIONS FOR PURCHASE AND SALE
This page contains the terms and conditions ("T's & C's") on which you purchase and we sell the items offered for
sale on this website.
In order to enter this agreement with us, you must have contractual capacity.
You must also be legally entitled to use the credit card, debit card or another payment mechanism to be used to make
the purchase. We reserve the right to select which banking cards and payment mechanisms are acceptable to us and to
amend this selection at any time.
You must be able and willing to correspond with us exclusively in the English language.
You are advised to read this page cautiously, taking care to understand each of the provisions that apply to the
sale of the item or items you wish to purchase. Should you decide to place an order, you will be deemed to have read
and understood the entire contents of this page and will be bound by all these Terms and Conditions.
Before proceeding further please note that Refinery does not offer or make any representation, warranty or
provision/s other than those contained in these Terms and Conditions, and therefore you should not continue to
transact on this Site or accept these Terms and Conditions if you perceive there to have been an implied or express
representation, warranty or provision made to you, and which has induced you to visit this Site.
You may wish to retain a printed copy of these Terms and Conditions for reference purposes in connection with your
purchase, however, please be advised that we reserve the right to amend the Terms and Conditions at any time, and
you should therefore always read this page before making future purchases.
Nothing in these Terms and Conditions is intended to deprive you of your rights or to avoid our obligations in terms
of consumer protection legislation, and if any provision purports to do so it shall be interpreted as being subject
to such legislation or if such interpretation is not possible, to be severable from the Terms and Conditions, which
shall then be read as if the offending provision had not been included therein.
Terms and Conditions of Purchase and Sale: Refinery Store and the Customer:
- You are contracting with Refinery Store, a division of Pepkor Speciality (Pty) Ltd
http://www.refinerystore.co.za/ (“the Site”)
is the trading business operated by Pepkor Speciality (Pty) Ltd.
The Site is in the business of selling various fashion items to customers via a web-based purchase and sale
Every transaction on the Site is subject to these Terms and Conditions, with no exceptions whatsoever.
Accordingly, by using the Site, and/or registering an account with Refinery, and/or placing an order and/or
conducting a Transaction on the Site you are confirming in each instance your legal acceptance of, and agreement
to be bound by these Terms and Conditions, as may be amended from time to time.
These Terms and Conditions constitute a framework agreement between Refinery and you, enabling us to enter into
Transactions from time to time, with the details of each specific Transaction being contained in the
documentation relevant to that particular Transaction, but in all instances subject to the provisions of these
Terms and Conditions.
- These Terms and Conditions apply to each and every purchase and sale made or to be made on
- Your submission of order on this Site indicates your unreserved acceptance of these Terms
and Conditions, applicable from the time of your order until and subsequent to your receipt of the ordered item
We retain the right to modify these Terms and Conditions from time to time and will publish the revised Terms
and Conditions on the Site. Modifications to these Terms and Conditions will not operate retrospectively, and
applicable Terms and Conditions will accordingly be those that are published at the time of your use of the Site
and/or a Transaction in terms hereof.
Each instance of your use of the Site will be considered to be your express recognition and acceptance of the
Terms and Conditions then published on the Site.
We reserve the right to discontinue making the Site or any part thereof available with or without notice to you.
You may not amend, delete or add to these Terms and Conditions in any manner whatsoever. If you attempt to do
so, any such purported amendment, deletion or addition will be of no force or effect.
Notwithstanding the above, your statutory and/or consumer rights are not affected by these Terms and Conditions.
- Before making your initial order you need to register an account on this Site, and provide
the personal information that is required for the registration process.
- By submitting the required information you are warranting that all information is true and
correct, and agree that you will be held fully responsible and/or liable for the consequences of submitting
false or incorrect information.
It is your sole responsibility to update your account details should they change at any time after registration.
You are wholly responsible for the activity that takes place on your account, and you confirm your awareness of
the need to keep your account user name and password sufficiently secure.
You shall inform us immediately if you become aware of or suspect that your account credentials have been
compromised or if your account has been used without your permission.
- We will sell various fashion and fashion-related items from time to time, offering the
available items for sale on the Site.
- We have used our best endeavours to reflect the Items offered for sale in a factual and
true light, but are not responsible for slight variations that may appear as a result of various factors, such
as but not limited to your physical environment and electronic equipment used to view the Items.
You select an Item or Items of your own volition and are solely responsible to determine whether your choice is
appropriate for your particular needs.
The Items offered for sale by us are standard stock, without any option of customisation. We, therefore, do not
guarantee that any Item/s will meet personal and distinct requirements of specific nature.
A “Transaction” consists of:
The selection of an Item or Items
The placing of an order
Payment by you, and
Acceptance of your order
Selecting an Item
- Once you have registered an account on this Site and wish to make a purchase, you need
to adhere to the directives on the Site in regard to placing an order, submitting an order and making
- The price of any Item offered for sale on the Site will be the price that is reflected
in respect of that Item on the date on which you place your order.
- Refinery Gift Cards or Vouchers purchased/received in-stores may not be redeemed
online. Only in-store.
- The validity of the price as referred to in 5.1 above will not be affected by a price
you may have seen in respect of the selected Item either before or after the day on which you place your
- Once you have selected your Item/s and placed an order ("your Order"), we will confirm
the currency in which you will be required to make payment, and be advised of the total amount to be paid,
- the price of the Item/s;
- any applicable taxes;
- any applicable charges for delivery; and
- any other charges that may apply to the transaction.
Placing your Order
In each instance that you submit an Order on this Site, you agree that you do so subject to these Terms and
Conditions, as published at the date you submit your Order. You are responsible for reviewing the latest
Terms and Conditions each time you submit your Order.
After you have submitted your Order you will receive confirmation from us that your Order has been received,
which does not amount to our acceptance of your Order, and is simply an acknowledgment that it has been
After submission, your Order will be open for our acceptance until such time as we advise you of our
acceptance or until you retract the Order, whichever occurs earlier.
Once we have confirmed acceptance of your Order, a binding contractual transaction is created, and your
Order may therefore not be retracted once we have accepted it.
- At the time of placing your Order, you will make payment in full for the Item/s you
- Payment must be made by the use of a debit or credit card issued to you by a financial
institution that is considered acceptable to us, via the payment process available on the Site.
- Should you make use of a debit or credit card, the account or facility accessed via the
use of the card must have sufficient funds or credit available for the full cost of the intended purchase of
- We will not administer your Order until such time as payment has been made by you and
we have confirmation of funds having been received.
- We reserve the right to:
- conduct a credit check should we, in our sole discretion, deem it to be necessary
for any reason;
- request and/or acquire or authentication of your payment details from yourself or
from any relevant financial institution, or to make any inquiries we deem necessary in respect of your
details or proposed payment; or
- to limit the payment method available to you and/or to direct you to make payment
in the manner required by us.
- We will not be obligated to supply or deliver Item/s to you until such time as we have
accepted your Order and received the cleared funds after your payment envisaged in this clause 5.3
- No store issued voucher can be used online.
- No Purchases can be made online using your store Account.
Acceptance of your Order
- If we accept your Order we will send you, via email, an official Despatch Confirmation
Form, advising you of your Order reference number and confirming in express terms that your Order has been
- Acceptance by us will be effective once we have transmitted the email referred to in
and will constitute valid acceptance irrespective of whether you, in fact, receive the email.
We are under no obligation whatsoever to accept your Order, and unless effective acceptance has taken place,
are entitled to reject your Order in our sole discretion and without providing you with a reason for our
Should we exercise our right to reject your Order, you will be informed of such fact and your payment will
refunded to you.
Similarly, prior to acceptance being effected by us, you may cancel your Order and request that your payment
refunded, which we will do.
Only the official Despatch Confirmation Form referred to in 5.4.1 will constitute acceptance in accordance
these terms. Any other communication sent to you from us will not be construed as acceptance, irrespective
whether such communication is in regard to or in any way related to your Order.
If we reject your Order due to unavailability of the Item/s you have selected, we may, but are not obliged,
suggest substitute Item/s, and in the event that you wish to order the substituted Item/s, you will be
to place a new Order.
WARRANTIES IN REGARD TO THE TRANSACTION
- You warrant, if you make use of a debit or credit to effect payment to us, that the card is
your own card and that you are legally entitled to transact with the relevant card.
- You warrant that all details submitted to us in connection with the transaction are correct
You warrant that you will notify us of any changes in your account details on an ongoing basis, to ensure that
our record of your information remains up to date.
- A binding agreement between us is created at the time that acceptance of your Order takes
- This binding agreement is in respect of the Item/s duly listed in the Despatch Confirmation
Form, which may not be all the Items that you had included in your Order.
- You will nominate your delivery address when you place your Order.
- Subject to the further provisions of these Terms and Conditions, there is a charge for the
delivery of purchased Items.
Notwithstanding the delivery periods indicated on the Site, and due to factors decimal our control, we do not
and will not guarantee an exact delivery date.
We cannot guarantee delivery to every possible location, and accordingly, may request that you provide us with
an alternate delivery address should we be unable to deliver to the address you originally selected. In such a
case you may elect to cancel your Order and request that your payment is refunded.
You will not have any claim of any nature whatsoever against us as a result of or related to delivery within a
time period that differs to that published on the Site.
- If you are not accessible for delivery on the date advised in the Despatch Confirmation
- we or our appointed agent may communicate with you in regard to arranging a second
delivery date; or
- we may advise you that you need to collect your Item/s from a designated point no less
than 10 days after the original delivery date.
If you have agreed to allow a responsible third person at your delivery address to accept delivery on your
behalf, then you will have no claim against Refinery or its delivery agent/s for loss or damage (excluding
fault/s intrinsic to the Item/s) if delivery is proved to have been effected to such responsible third person.
For the purposes of this clause a ‘responsible third person’ will be a person over the age of 16 years, resident
or employed at the nominated delivery address, and delivery will be ‘proved’ by the delivery agent being able to
provide the signature of the said responsible third person on the relevant delivery documentation.
- If you unjustifiably (in our sole discretion) refuse to accept delivery, or fail to collect
your Item/s in terms of 8.8.2, then:
- we may elect to immediately cancel our agreement, retain the Item/s, and refund your
payment, in which case we reserve the right to deduct our administration charges (including but not
necessarily limited to storage and delivery charges) before effecting the refund; or
- we may offer you an extended period within which to collect the Item/s or arrange for a
further delivery attempt, subject in either case to your prior payment of our storage, delivery and any
other charges, which will be invoiced to you once the alternate arrangements have been confirmed.
Our remedies set out in this clause are in addition to any others set out in these Terms and Conditions or
available at law, and if we elect to act in terms of this clause 8, it will not affect our right to apply the
aforementioned other remedies should we choose to do so.
- If a date and time for delivery are arranged with you (by Refinery or its appointed
delivery agent), it is your responsibility to make yourself available at the date and time so arranged.
- If delivery is effected directly to you by our delivery agent:
- you will inspect the Item/s for incorrect selection, apparent defects or obvious damage
before you accept delivery of the Item/s;
- if you do not accept delivery due to any perceived problems with the Item/s, you will
instruct the courier to retain the Item/s and return it/them to us; and;
if you accept delivery, you will retain the documentation provided by the courier, as well as the original
packaging of the Item/s, in the event that you become dissatisfied with your purchase at a subsequent time
and wish to address this with us.
- If delivery is effected to a responsible third person in terms of 8.7 and your delivery
- you will inspect the Item/s for incorrect selection, apparent defects or obvious damage
on your receipt of the Item/s;
- if you are dissatisfied with the Item/s you will notify us within 24 hours of your
receipt of the Item/s of the reasons for your dissatisfaction; and
we will then enter into correspondence with you in regard to your dissatisfaction and the options available
to both parties.
- You are advised to exercise due care when opening the package that is delivered, and
cautioned against the use of sharp objects when doing so.
& OWNERSHIP IN THE ITEM/S
- Risk and ownership in and to the Item/s passes to you on effective delivery.
- If delivery is delayed for any reason other than the fault of Refinery, then risk will pass
on the day on which delivery would have been effected but for the delay, and ownership will pass on the day that
you actually receive the Item/s.
A Transaction may be validly terminated in the following limited circumstances, as well as may be mentioned
elsewhere in this document:
- We may terminate the transaction if all the Items you have ordered (or in the case of
ordering a single Item, the Item you have ordered) are/is unavailable for any cause whatsoever, and in such
- We will inform you of the unavailability as soon as reasonably possible;
- We will refund the payment that has been made in respect of the unavailable Item;
If a number of Items have been ordered simultaneously, and not all Items are unavailable, we will refund you
in respect of the unavailable Item/s and proceed with the Transaction in respect of the Items that are
- In the case of 11.1.3 above, if you wish to terminate the Transaction in its entirety due
to the unavailability of an Item or certain Items, you must advise us of your wish to do so within 24 hours of
our informing you in terms of 11.1.1, failing which, you will be deemed bound by the Transaction and we will
proceed with delivery of the remaining Item/s ordered by you.
If you wish to withdraw a confirmed Order for any other reason, you must inform the Refinery Customer Care
Centre at the contact details shown on the Site, and advise us accordingly.
If you act in terms of 11.3, the transaction will be terminated, and your payment refunded, only if we have not
yet packaged and forwarded your Order to our delivery agent, and if termination is not possible for this reason,
you will be required to return the Item/s, and will, therefore, be subject to the terms governing returns, as
set out in this agreement.
- You may have the option of redeeming valid Online Refinery vouchers in order to purchase
Items from the Site, such vouchers being issued:
- as gift vouchers which are purchased on the Site and sent by email to the intended
- as promotional offers to certain Refinery customers from time to time.
- Gift cards purchased in-stores cannot be used for online purchases & vice versa.
Each voucher will contain a unique reference code, being the means by which a voucher is identified as valid and
which must be quoted when redeeming the voucher.
The vouchers referred to in 12.1.1 and 12.1.2 may NOT be used to purchase any Items (excluding gift vouchers)
offered for sale on the Site, and will be considered to have been redeemed when the voucher is selected as the
payment mechanism and unique code referred to in 132.2 is quoted in a Transaction on the Site.
- If you purchase a gift voucher:
- you are entirely responsible for providing the correct email address to which the
voucher is to be sent, whether the voucher is sent to you or should you wish Refinery to email the gift
voucher directly to the recipient on your behalf; and
- it may be transferred from one person to another and is not required to be redeemed by
the named recipient.
- If you receive a promotional voucher, you will receive an advisory email and the voucher
may then be accessed via your ‘Profile’ on the Site and used to purchase Item/s on the Site, provided that:
- it may contain specific limitations as to Item or brand selection, and these
limitations will not be waived;
- it may not be used with another voucher in a single Transaction;
it may not be used on any Sale items on the Site.
it may not be used for more than one Transaction; and
if the total cost of the ordered Items is less than the value of the promotional voucher, then you will
forfeit the balance of the voucher because no credit will be allocated for the remaining value.
- In respect of both a gift voucher and a promotional voucher, the following terms apply:
- Interest will not accrue on the value of a voucher;
- Vouchers may not be redeemed for cash;
Vouchers must be redeemed before the indicated expiry date;
If the total cost of the ordered Items is more than the value of the voucher you will be required to make
payment of the difference between the total cost and the voucher value, and in such case, the provisions of
these Terms and Conditions regarding payment will apply;
Gift cards/ Vouchers purchased in-store will not be accepted online.
Refinery will not be held legally responsible or accountable for the loss, misuse or theft of a voucher, and you
or the recipient are therefore cautioned to treat the voucher with due care; and
If you take or attempt to take any action in regard to a voucher that amounts or may (in our sole opinion)
amount to falsification, fraud, or misrepresentation we will take the steps we deem necessary in the
circumstances, including but not necessarily limited to the immediate cancellation of this agreement and the
termination of your account on the Site.
Except for information that you submit to the Site, all content and other subject matter included on or within the
Site, and all intellectual property rights in or related to the Refinery offering including, but not limited to,
copyright, trademarks, service marks, patent rights, trade secrets and know-how concerning the Refinery brand or any
Item/s offered for sale or displayed on the Site, or connected to Refinery licensors, vendors and/or suppliers are and
shall at all times remain the sole property of Refinery, or its licensors, vendors or suppliers.
The above statement of ownership includes but is not necessarily limited to information, photographs, signs, text,
graphics, designs, layouts, images, trade names, slogans, logos, and trademarks, and whether or not indicated as being
copyrighted, licenced or otherwise protected by law.
Except as expressly provided in these Terms and Conditions, you shall not in any manner copy, reproduce, distribute,
pass off or alter or affect the display of the respective intellectual property owned by Refinery and/or its vendors
All electronic communication, including all attachments thereto, is transmitted to you by Pepkor Speciality (Proprietary) Limited and all its divisions (“Pepkor”) on the following terms and conditions:
- As the addressee/recipient of electronic communication you agree to be bound by the provisions of section 11(1) and 11(3) of the Electronic Communications and Transactions Act (Act 25 of 2002).
- The information contained in this electronic communication may contain confidential and/or legally privileged information. It is intended solely for the use of the individual or entity to whom it is addressed and others authorized to use it or receive it.
- If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or taking of any action in reliance of the contents of this electronic communication is strictly prohibited and may be unlawful. If therefore you have received electronic communication in error, please notify the sender immediately and delete/destroy it.
- Any copying, publication or disclosure of the contents of electronic communication by any person whatsoever can result in civil liability.
- Confidentiality and legal privilege are not waived or lost by reason of mistaken delivery to you of electronic communication.
- Under no circumstances will Pepkor, as the sender of electronic communication, be liable to any person for any direct, indirect, special or other consequential damages for any use of an electronic communication, or of any other hyperlinked website, including, without limitation, any lost profits, business interruption, loss of programs or other data on information handling systems or otherwise, even if Pepkor has been expressly advised of the possibility of such damages.
- Pepkor does employ virus filtering, but it provides no guarantees or warranties that its electronic communication is virus-free.
- Pepkor is not responsible for the proper and/or complete transmission of the information contained in electronic communication or of the electronic communication itself, nor in any delay in its receipt.
- The views and/or opinions expressed or implied in electronic communication do not necessarily express or reflect the views and/or opinions of Pepkor, unless stated otherwise. If the electronic communication was used for purposes unrelated to the official business of Pepkor, Pepkor shall not be liable for any damage caused by the contents of this message and the sender may be held responsible therefore in his/her sole and personal capacity. In specific, the use of the Pepkor electronic communications facility is not permitted for the distribution of chain letters or offensive mail of any nature whatsoever.
- No warranties are made or implied that an employee or contractor of Pepkor was authorised to make the electronic communication. Pepkor disclaims liability for any unauthorised instruction for which permission was not granted.
- No employee or intermediary of Pepkor is authorised to conclude a binding agreement on behalf of Pepkor without the written confirmation by a duly authorised representative of Pepkor. Any agreement concluded with Pepkor via electronic communication shall only come into operation once Pepkor has confirmed the formation of such an agreement in writing.
- The e-mail address of the sender of electronic communication may not be used, copied, sold, disclosed or incorporated into any database or mailing list for spamming and/or other marketing practices without the prior written consent of the sender.
- Where applicable, Pepkor retains the copyright to all electronic communication and attachments. The recipient is licensed to open and read the message and/or attachments only, all other rights are reserved unless otherwise indicated by the sender.
- These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa.
- Subject to urgent and interim court relief, any disputes and/or disagreements and/or damages and/or liabilities related to the electronic communication shall be referred to arbitration in terms of the rules of the South African Arbitration Foundation in Cape Town.
- This electronic communication disclaimer shall take precedence over any other disclaimer(s) in respect of electronic communication addressed to or used by Pepkor.
- The above-mentioned terms and conditions will also be applicable to all electronic communication in relation to the Promotion of Access to Information Act Manual which is available at http//www.pepkor.co.za.
- Information disclosures required by law:
Full name of company: Pepkor Speciality (Proprietary) Limited
Registration number: 1998/007991/07
Country of registration: Republic of South Africa
Old Oak Office Park
c/o Old Oak and Twist Road
Please see our Delivery & Returns Policy page CLICK HERE
TERMS AND CONDITIONS OF THE REFINERY CARD AND CREDIT FACILITY WITH TENACITY FINANCIAL SERVICES,
A DIVISION OF PEPKOR TRADING (PTY) LTD
You must read these terms and conditions carefully and pay special attention to all the terms printed in bold
- We confirm that we will grant you a credit facility in the amount set out in the Quotation, subject to the terms and conditions of this Agreement.
- The details of this Agreement are reflected in the Quotation which forms part of this Agreement.
HOW TO INTERPRET THIS AGREEMENT
In this Agreement, the following words and phrases will, unless the contrary intention appears, have the following meanings:
Agreement means this agreement, including the Quotation and all written notices we send to you in accordance with the NCA;
Business Day means Monday to Friday and any day that is not a South African public holiday;
Card means the plastic card issued to you by us, pursuant to this Agreement that is linked to your Card Account;
Card Account means the account opened in your name and that is associated with the Card;
Credit Facility means the facility approved by us and which may be used by you at any of our Participating Branches for the purchase of goods by means of the Card;
Credit Limit means the credit facility amount specified in the Quotation or any increased or decreased facility amount granted in accordance with the NCA;
NCA means the National Credit Act 34 of 2005 and its regulations, as amended or replaced from time to time;
Participating Branches means branches of Ackermans, Shoe City, Refinery and Dunns Stores in the Republic of South Africa, as may be amended or updated from time to time;
Pepkor Group means the group of companies which are either directly or indirectly held by Pepkor Holdings (Pty) Ltd;
Personal Information or PI, means any information or set of information regarding a person that can be linked to an individual or used to directly or indirectly identify an individual;
Principal Debt means the deferred amount to which interest, fees and charges are added;
Process and Processing means any operation or activity or any set of operations, whether or not by automatic means, concerning personal information, including (a) the collection receipt, recording, organisation, collation, storage, updating or modification, retrieval, alteration, consultation or use; (b) dissemination by means of transmission, distribution or making available in any other form;or (c) merging, linking, as well as restriction, degradation, erasure or destruction of information;
Quotation means the pre-agreement statement and quotation which is attached to this Agreement;
We, Us and Our unless it is specifically mentioned otherwise, means Tenacity Financial Services, a division of Pepkor Trading (Pty) Ltd, a private company duly incorporated in accordance with the laws of the Republic of South Africa with business address 31 Industrie Street, Kuils river, Cape Town and registered credit provider NCRCP13053, and includes any holding, affiliated or subsidiary company of any of them and their successors in title;
You or, Your means the account holder who we agree to give credit to and identified by name in the Quotation;
- Reference to –
- one gender includes all the genders;
- the singular form of a word includes the plural;
- the plural form of a word includes the singular;
- a law or regulation means that law or regulation on the date you sign this Agreement.
- If there is a conflict between the terms of the Quotation we gave to you and these terms and conditions, the terms of the Quotation will apply.
- Every purchase of goods or services obtained with the Card shall form part of the Principal Debt
- All amounts debited to the Card Account in terms of this Agreement together with interest thereon are repayable by you to us in the manner set out in this Agreement.
VALIDITY OF THE CARD AND ADDITIONAL CARDHOLDERS
- You must, as soon as you receive the Card, sign it with a ballpoint pen in the space provided on the reverse side of the Card.
- You may have additional cards linked to the Card Account if application for these additional cards has been approved by us.
- It is your duty to ensure that all additional cardholders understand their obligations in terms of this Agreement. You will be responsible and liable for all transactions made with the additional cards, the actions of the additional cardholders and for ensuring that any additional card is used only in accordance with this Agreement.
- The issue of additional cards will not increase the Credit Limit.
- We will charge you a nominal fee for the replacement of the main Card and additional Card. You will not be charged for the first issue of any such Card.
USING YOUR CARD
- You may only use the Card to purchase goods at Participating Branches and you may be required to sign a receipt after each such purchase.
- We have the right to pay the Participating Branch the amount of the purchase(s) made at that Participating Branch, even if a receipt has not been signed by you.
- We will not be liable to you –
- if any Participating Branch refuses to accept the Card for payment;
- for any goods purchased with the card and you will not have the right to claim any amount from us or to institute any counter-claim or to apply set-off against us on this basis.
- No dispute between you and the Participating Branch will give you the right to
- be exempted from your obligation to us for any payment made to the Participating Branch;
- instruct us to refuse to pay the Participating Branch;
- instruct us to do a charge back of any payment already made to the Participating Branch for goods purchased with the Card.
- Should you wish to return your purchase to any Participating Branch; such return(s) will be subject to the Participating Branch’s standard returns policy. Your account will be credited with the amount of the purchase returned, provided such return is in accordance with the standard returns policy of and accepted by the Participating Branch.
- You acknowledge and agree that your use of the Card may be suspended and/or terminated at any time for any reason whatsoever and that we shall have no liability of whatsoever nature and howsoever arising in consequence of any such suspension and/or termination.
SAFE KEEPING AND UNAUTHORISED USE OF YOUR CARD
- You are responsible to look after your Card, to keep it safe and the proper use of it.
- You must not allow anyone else to use your card. When you notice that your card is lost, stolen or has been used by another person, you must report it immediately to our Service Centre on 0860 900 100.
We will stop further transactions on the card after being advised that the card is lost or stolen.
- You will not be liable for use of the Card after you have notified us and we have stopped future transactions on the Card, unless –
- your signature appears on the voucher, sales slip, or similar record evidencing that particular use of the Card; or
- we have other evidence sufficient to establish that you authorised or were responsible for the use of the Card.
MALFUNCTION OF ELECTRONIC FACILITIES
We are not responsible for any loss arising from any failure, malfunction or delay in any electronic point of sale device, or our supporting or shared networks, where applicable, resulting from circumstances beyond our reasonable control.
INTEREST AND OTHER CHARGES
- The interest rate is a variable interest rate, linked to the Repo Rate, which means that the amount of the total interest as well as the amount of the instalments as specified in the Quotation may change if the reference rate changes.
- Within 30 (thirty) Business Days from the day that a change in the interest rate takes place we will give you written notice of your new interest rate.
- Interest will be calculated daily and we are entitled to add any unpaid interest to the outstanding balance of the Principal Debt which at that stage is still payable in terms of this Agreement.
- If you do not make the required payment by the stipulated due date, your Card Account will be in arrears and you will therefore be in default of this Agreement. The interest charged on overdue amounts will be the same as the interest rate specified in 8.1 above.
- We charge you a monthly service fee at the end of each month, which is reflected on the quotation. We add this fee to your outstanding balance and show it on your statement. Should we decide to increase the monthly service fee, we will inform you. The monthly service fee will not be more than the maximum amount allowed by the NCA.
- We may charge an initiation fee as specified in the Quotation.
- We may also change any fees and charges set out in the Quotation. We will give you 5 (five) Business Days’ notice if we do so. The fees and charges may not be greater than the maximum amount allowed under the NCA.
CANCELLATION OF THE CARD, SUSPENSION AND/OR CANCELLATION OF THE CREDIT FACILITY
- The Card will always remain our property and without us losing any right to any claim which we may have against you, we have, subject to clause 17, the right to –
- suspend the Card at any time if you are in default of this Agreement; or
- demand the return of the Card, cancel or repeal the Card in the event that the Credit Facility if closed.
- We may, subject to clause 17, –
- suspend the Credit Facility at any time if you are in default of this Agreement;
- close the Credit Facility by giving you prior written notice of at least 10 Business Days
- If the Credit Facility has been suspended or cancelled or if you die –
- the Card may no longer be used for any purchases;
- we may notify any Participating Branch or any person we think should know of the suspension or cancellation without incurring any liability.
- Notwithstanding the provisions of clause 9.2, this Agreement will remain in effect until you have repaid all amounts charged to the Card Account.
WE ARE ALLOWED TO GIVE INFORMATION TO CREDIT BUREAUS
- You understand that we are allowed to give to one or more credit bureaus:
- information about this agreement;
- information about your account with us;
- details of your default if you do not adhere to any of the terms of this Agreement.
- You have the right to contact the credit bureaus and look at your record with them.
- You can correct any information that is wrong.
YOUR CREDIT FACILITY AND LIMIT
- We may refuse to authorise purchases through using your Credit Facility for any reason whatsoever; including if you have exceeded your limit.
- You may not make any purchases with the Card which will cause the Credit Limit to be exceeded.
- If we accept to process a transaction that results in you exceeding the Credit Limit, it does not mean that we have increased the Credit Limit on a permanent basis, but rather that we have allowed a temporary increase at your request. You will be liable for payment of the full amount by which the Credit Limit is exceeded.
REDUCTION OR INCREASE IN THE FACILITY LIMIT
- You may at any time, by prior written notice to us, request that the Credit Limit be reduced and stipulate a maximum Credit Limit that you are prepared to accept.
- We may, by written notice to you, reduce the Credit Limit. The reduction of the Credit Limit will be effective upon delivery of the written notice.
- We may only increase the Credit Limit under this Agreement in accordance with the NCA.
- You may by written notice authorise us to apply automatic annual increases to your Credit Limit, or withdraw that authorisation. Any increase of your Credit Limit will be in our sole discretion and in accordance with the NCA.
MARKETING AND PROCESSING OF PERSONAL INFORMATION
- You agree that we have given you options to be excluded from any telemarketing campaign which may be conducted by or on behalf of us, any marketing or customer list which may be sold or distributed by us, other than as required by the NCA, any mass distribution of e-mail or sms messages.
- Unless you have indicated otherwise during the application process, you agree and expressly consent to -
- the processing and further processing of your PI (including your name, surname, ID number, telephone number, transactional information and any other information which may be required in terms of the NCA or any other law) by us and other companies in the Pepkor Group, any of their operators, commercial partners (e.g. Capfin, insurance companies, the supporting bank in the case of a bank product and any other financial services providers, such as money remitters), agents and sub-contractors (who may be outside South Africa and in countries that do not have similar data protection laws to South Africa), agents and sub-contractors (who may be outside South Africa and in countries that do not have similar data protection laws to South Africa) on the condition that they will keep your PI confidential and will only use your PI for the purposes of providing information about products and services to you and to comply with legal and regulatory obligations;
- the indefinite retention of your PI, unless you object, in which case we will retain such information only for as long as legally permitted;
- the collection of your PI from any other legitimate source to supplement the information which the Pepkor group has about you (e.g. telecommunication networks, Capfin, insurance companies, the supporting bank in the case of a bank product and any other financial services providers, such as money remitters);
- the use of your PI to send you information about products, services and special offers offered by the Pepkor group and its commercial partners that may be of interest to you;
- the use of your PI for purposes required in terms of law;
- a credit enquiry being conducted about you with any credit bureau or credit provider and providing your PI, including the manner in which you conduct your account, to credit risk management services and/or crime prevention agencies.
- The provision of your PI in terms of this agreement is voluntary.
- Subject to applicable law, you may access the PI we have about you by contacting our Service Centre on 0860 900 100 and request that applicable corrections be made.
- If you are unhappy about the way we process your PI, you should contact our call centre on 0860 900 100. Alternatively, you may lodge a complaint to the Information Regulator.
- If you choose to be excluded from direct marketing campaigns in the future, you must advise us by contacting us on 0860 900 100 or you can advise us in writing or register a block on any registry which we are bound by law to recognise. We will not charge you a fee to update this request on our systems and we will give effect to changes as soon as reasonably possible.
STATEMENTS AND PAYMENT
- We will send you a statement periodically to your postal address or electronically if this delivery method has been selected by you. The statement will show all transactions debited to the Card Account up to the date of the statement.
- The statement will show both the full and minimum amounts payable to us, on or before the due date shown on the statement.
- Non-receipt of the statement does not entitle you to refuse or fail to pay any amount that is due to us.
- It is your responsibility to check your statements. You must let us know in writing within 30 (thirty) days of the date of the statement if there is something you do not agree with. If you do not let us know within this time, we are entitled to treat the statement as correct. You will then have to prove that the statement is not correct.
- You may pay at any Participating Branch or via any other payment method that we may communicate to you from time to time.
- The method of payment that you choose will be at your own risk and we will only recognise the payment when we received and process it and once it has been cleared.
- Should you choose to pay your monthly instalments by debit order, the instalment is taken from your bank account automatically each month, on the date that you have chosen. If the date that you have chosen falls on a weekend or public holiday, the debit may be processed on the next business day after the Sunday or public holiday.
- Should you choose to pay your monthly instalments by debit order, we reserve the right
to track the nominated bank account and present the instruction for payment as soon as sufficient funds are available in the nominated bank account to ensure successful payment.
- You agree to pay any bank charges and fees relating to the debit order instruction.
- The debit audit instruction cannot be assigned to any third party, unless your Agreement is ceded or assigned to a third party, in which event the debit order authority may then be ceded or assigned to that third party.
- If your address or details where you received your statements change, you must let us know so that the change can be made. You understand that if you do not do so, your statements will be returned and we will not send statements until you provide us with updated details.
YOU CAN PAY MORE THAN THE MINIMUM PAYMENT
- You can pay more than the minimum payment shown on your statement each month. You are required to pay at least the minimum payment due each month.
- We will apply the payments as follows:
- first to pay any interest that is due;
- second to pay any fees or charges that are due;
- third to reduce the amount of the Principal Debt that you still owe to us.
- You may end this agreement early on the conditions set out below. If you end this agreement early, the date on which this Agreement ends will be called the settlement date.
- To end this Agreement early, you should contact us to find out the amounts you still owe us. You may ask to end the agreement immediately or at a future settlement date. We will tell you the total amount you owe on the settlement date, that will include all of the following:
- the amount of the Principal Debt you owe at the settlement date;
- interest you owe on the Principal Debt at the settlement date;
- the fees and charges you owe at the settlement date.
- You must destroy (by cutting through the magnetic stripe and account number). A Card that is not destroyed correctly may still be used and should this happen you will be responsible for the payment of all transactions that may take place.
YOU MUST PAY COLLECTION COSTS IF WE BRING LEGAL PROCEEDINGS
We will charge you a fee each time you miss one or more payments and we have to write a letter to you to advise you of your default. This fee is called a default administration fee as per the NCA.
YOU MUST PAY COLLECTION COSTS IF WE BRING LEGAL PROCEEDINGS
- If we bring legal proceedings against you to enforce payment of amounts you owe us, you are liable to pay all costs we incur in collecting the payment.
- The costs are determined by various laws, including:
- the Supreme Court Act, 1959
- the Magistrates’ Court Act, 1944
- the Attorneys Act, 1979
- the Debt Collectors Act, 1998.
- The collection costs exclude the default administration fee.
WHEN YOU ARE IN DEFAULT
- You are in default of this Agreement if:
- you do not pay any amount you owe us on the due date;
- you breach any of the terms and conditions of this Agreement and you do not correct this within 7 (seven) days after we let you know;
- anything you said, declared or promised is incorrect or false;
- you voluntarily surrender your estate or die;
- you are placed under administration or become insolvent;
- you cannot pay your debt;
- your assets have been attached or judgment has been given against you;
- you try to reach an agreement with your creditors to delay payment of your debt.
WHAT WILL HAPPEN IF YOU ARE IN DEFAULT
- If you are in default, we may –
- give you written notice of such default and suggest that you refer this Agreement to a debt counsellor, an alternative dispute resolution agent, a consumer court or an Ombud with jurisdiction, to resolve any dispute or reach an agreement to bring repayments up to date.
- take legal steps to enforce this Agreement if –
- we gave you written notice as above or we gave notice to end any debt review process; and
- you are in default under this Agreement for at least 20 (twenty) Business Days; and
- it has been at least 10 (ten) Business Days since we gave you notice as above; and
- if we gave you notice as above and you did not respond to that notice, or you did not accept our proposal; and
- recover collections costs and default administration charges from you.
CERTIFICATE OF INDEBTEDNESS
A certificate signed by any of our managers specifying the amount owing by you to us and further stating that such amount is due, owing and payable by you, shall be sufficient proof of the amount thereof and of the fact that such amount is so due, owing and payable for the purpose of obtaining provisional sentence or other judgment in any competent court. It shall not be necessary to prove the appointment of the person signing any such certificate.
WE NEVER LOSE OUR RIGHTS
We do not lose any of our rights under this agreement if we do not immediately and in every instance insist on them. You may not raise it as a defence if we have a right but do not enforce it at the relevant time. For example, if we allow you extra time to pay your monthly payments in one month, it does not mean we have allowed you extra time the next or any other month.
South African law governs this agreement and it must be interpreted by the laws of the Republic of South Africa. This applies even if the parties do not live in the Republic of South Africa.
YOU AGREE THAT WE MAY BRING LEGAL PROCEEDINGS IN THE MAGISTRATE'S COURT
You agree that we may bring legal proceedings against you for this Agreement in any Magistrate’s Court that has the authority to hear and decide on the case. (This authority is called jurisdiction.) You agree to the jurisdiction of the Magistrate’s Court even if the amount we claim from you is more than the Magistrate’s Court limit. This does not stop us from bringing legal proceedings in a High Court that has jurisdiction.
TRANSFERRING RIGHTS OF OBLIGATIONS
- You may not transfer any of your rights or obligations under this Agreement.
- You agree that we may transfer some or all our rights and obligations under this Agreement to any other person. We do not have to inform you or get your permission to transfer our rights and obligations. If this clause applies, then "we", where used in this agreement, will include the person to whom we have transferred any of our rights or obligations in terms of this clause.
YOU HAVE THE RIGHT TO APPLY TO A DEBT COUNSELLOR
You have the right to apply to a debt counsellor who will consider your application to determine if you are over-indebted (this means that you have more debts than you are able to pay) or if you were given credit recklessly.
PROCESS TO FOLLOW IF YOU HAVE A COMPLAINT
- If you have a complaint or dispute, you can do any one or more of the following:
- Visit a Refinery store and ask the customer services desk to connect you to the Tenacity Service Centre
- Contact our Service Centre on 0860 900 100
- Write a letter of complaint and send it to –
Tenacity Financial Services, P.O. Box 6387, Parow East, 7501, South Africa
- Email: firstname.lastname@example.org
- If we cannot resolve your complaint we will let you know. If you are not satisfied with the outcome of your dispute or complaint, you can refer the complaint or dispute to an alternative dispute resolution agent or contact the applicable regulatory body on the contact details below.
- You can file any credit related complaints with the National Credit Regulator on:
Telephone: (011) 554-2600 or 0860 627 627
Fax: (011) 484-6122
Post Address: 127, 15th Road, Randjespark, Midrand
ADDRESSES FOR NOTICES
- You agree to accept any notice and legal processes under this Agreement at the address you give to us on the phone or on your application. This address is known in law as your domicile. The notices and processes include letters reminding you of payments you have missed, letters of demand, a summons and other legal notices. A legal process includes the ways we can enforce any court judgment, for example, a summons, attaching your property and selling it to recover money you owe to us. Legal process also refers to the formal/legal document served to start proceedings, for example, a summons. If we send you a letter by registered post, we will treat it as if you received the letter four (4) days after we posted it. If you dispute this, you will have to prove that you did not receive the letter at that time.
- If you want to change the address at which you agree to accept notices and legal processes, you must give us notice by mail to PO Box 6387, Parow East, 7501 or emailed to email@example.com
THESE TERMS AND CONDITIONS ARE THE WHOLE AGREEMENT
- The Agreement is the whole agreement between you and us. Neither party is legally obliged to comply with any express or implied term, condition, undertaking, representation, warranty, or promise not recorded in the Agreement. The Agreement replaces any arrangement or understanding held by the parties before this Agreement was signed.
- If you want copies of documents relating to your account, we will send these to you and we may charge a fee for this.
- We monitor and record all our telephone calls and other interactions with you.
EACH CLAUSE IS SEPARATE
- The parties acknowledge that each clause of this Agreement is separate. If any clause of this Agreement is or becomes illegal, invalid or unenforceable for any reason or in any jurisdiction, it will be treated as if it had not been written.
- This does not:
- make the rest of the agreement illegal, invalid or unenforceable
- affect the legality, validity or enforceability of the clause in another jurisdiction.
WE MAY CHANGE THESE TERMS AND CONDITIONS
- We may change the provisions of the Agreement at any time and most of the time do not need your permission to do so. We will inform you of any changes and the date the changes apply from by doing one or more of the following:
- sending you a notice of the changes we intend to make or have made;
- sending you a new set of terms and conditions to replace these terms and conditions; or
- setting out the changes on your monthly statement.
SOCIAL MEDIA POLICY
Refinery operates various social media communities on various social media platforms and are glad to have you as a community member. We encourage you to publish content and interact with us and other community members through our communities. We would like to ensure a positive experience for everyone and therefore we need a few rules for everyone. Please take a moment to read this policy and keep our rules in mind whenever you publish content to or do anything else on our social media communities.
The purpose of this policy is to ensure that engaging with us and other community members on our social media communities is a positive experience for you and other community members.
This policy applies to your use of any social media. Social media is a broad term that covers any existing or future digital tool or other kind of technology that allows one person to publish the same message to many people in a public or semi-public forum at the same time using the Internet or a similar communications network. It includes:
- social networking services – like Facebook;
- micro-blogging services – like Twitter or Tumblr;
- professional networking services – like Linkedin;
- video and photo sharing services – like YouTube, Vimeo, Instagram, or Flickr;
- blogs – like corporate or personal blogs;
- forums and discussion boards – like Reddit;
- wiki websites – like Wikipedia;
- instant messaging applications – like Whatsapp, WeChat, or iMessage when used to send group messages; and
- any other electronic communications – like email or SMS when used to send the same message to multiple recipients.
Our social media communities are spaces for you to discuss topics relevant to our business, for us to communicate with you about our goods and services, and for us to connect you to our official website. You should only publish content that is relevant. Anything contrary to our community purpose will be irrelevant and removed, including:
- links to external websites not related to us or our goods and services;
- adverts for goods or services other than ours – like your goods or services or those of a competitor;
- promotional competitions other than ours – like your promotional competitions or those of a competitor;
- spam or anything else published more than once or in more than one place;
- donation requests unless we have authorised you to publish them in writing;
- acknowledgement requests – like asking for ‘votes’, ‘likes’, or ‘retweets’;
- your personal contact information because it puts your privacy at risk – like your email address or phone number; or
- anything else that isn’t relevant to the purpose or conversations on the social media community in question.
We may edit or remove anything that you publish to our social media communities that is inconsistent with this policy, including anything irrelevant and any conduct, content, or promotional competition related content that is prohibited by this policy.
We may moderate any of the following things as described above among others:
- anything that is not relevant to a social media community or the conversation in question;
- anything that results from prohibited conduct, including discrimination, hate speech, harassment, or trolling;
- prohibited content, including content that is illegal, harmful, offensive, or impermissible; or
- prohibited promotional competition related content, including unjustified outcries, discriminatory objections, or prohibited discussions.
We regularly run competitions on our social media pages. These promotional competitions are run in strict accordance with the law to ensure that they are fair and that everyone has the same chance of winning. These promotional competitions are regulated by competition terms and conditions that determine what entries we accept, how we select winners, and how the competition is monitored by auditors. A copy of the terms and conditions are always available to you on our website.
You may not engage in any of the following prohibited conduct:
- unjustified outcries, which means strong expressions of public disapproval or anger based on false assumptions – like “The competition was rigged!” (our competitions are run strictly in accordance with the law and any baseless claim to the contrary is defamation against us);
- discriminatory objections, which means negative comments about the competition or its results based on attributes of the individual entrants or winners, including their gender, ethnicity, religion, race, disability, or sexual orientation – like “I can’t believe only [insert attribute here] people won!” or “Not even a single [insert attribute here] person won!” (anyone is allowed to enter our competitions and a computer chooses the winners randomly under the supervision of an external party – no one has any control over who wins or who does not and there may be multiple winners with a single attribute and none with yours); and
- prohibited discussions, which means certain aspects of promotional competitions that we are not allowed to talk to you about in terms of our promotional competition rules, like the personal details of the winners.
It is important that you understand the rules of each social media platform. This includes the written rules like their terms of service and the unwritten rules like the manners and etiquette of that social media service that its members generally subscribe to.
NOT OUR VIEWS
What you and other members publish on our social media communities are not our views.
We will do our best to respond to anything you publish to our social media communities timeously, but are not liable for failing to do so. We generally moderate our social media communities from 08h30 to 16h30 on weekdays other than public holidays.
We do not endorse anything you publish to our social media communities merely by acknowledging it in any way, such as a ‘like’, ‘retweet’, ‘favourite’.
If you see any behaviour from other community members who are in breach of this policy, we encourage you to report them to us through an inbox message to the page.
We may take recourse against you for breaching this policy by suspending or banning you from any of our social media communities.
We want you to understand this policy as best as you can so that you can comply with it easily. If there is any aspect of this policy that you don’t understand or if you have any questions about this policy, please contact us using the contact information on our customer services page available here: http://www.refinerystore.co.za/contacts.
Where third parties are involved and where there is an ongoing investigation all Social Media messages are posted without prejudice, and we reserve all our rights.
MARKETING AND PROCESSING OF PERSONAL INFORMATION CONSENT
Where you have given your consent in store to a cashier, you agree to:
- the processing of your personal information (including your name, surname, id number, telephone number, transactional information and any other information which may be required in terms of the Financial Intelligence Centre Act, 2002, (“FICA”) or any other law) (“Personal Information”) by Pepkor Speciality and other companies in the Pepkor group (“Pepkor group”), any of their operators, commercial partners (e.g. Capfin, insurance companies, the supporting bank in the case of a bank product and any other financial services providers, such as money remitters), agents and sub-contractors (who may be outside South Africa and in countries that do not have similar data protection laws to South Africa) on the condition that they will keep your Personal Information confidential and will only use your Personal Information for the purposes of providing information about products and services to you and to comply with legal and regulatory obligations;
- the collection of your Personal Information from any other source to supplement the information which the Pepkor group has about you (e.g. telecommunication networks, Capfin, insurance companies, the supporting bank in the case of a bank product and any other financial services providers, such as money remitters);
- the retention of your Personal Information indefinitely, unless you object, in which case we will retain such information only for as long as legally permitted;
- the use of your Personal Information to send you information about products, services and special offers offered by the Pepkor group and its commercial partners that may be of interest to you;
- the use of your information for purposes required in terms of law, including FICA;
- a credit enquiry being conducted about you with any credit bureau or credit provider and providing your Personal Information, including the manner in which you conduct your account, to credit risk management services and/or crime prevention agencies.
- The provision of your Personal Information in terms of this agreement is voluntary.
Subject to applicable law, you may access the Personal Information we have about you by contacting our call centre on 0860 900 400 and request that applicable corrections be made.
If you are unhappy about the way we process your personal information, you should contact our call centre on 0860 900 400. Alternatively, you may lodge a complaint to the Information Regulator.
The responsible party is Pepkor Speciality (Proprietary) Limited (“Pepkor Speciality”) with address at Old Oak Office Park, Corner Old Oak and Twist Road, Bellville, Cape Town.
If you choose to be excluded from direct marketing campaigns in the future from Refinery, you must advise Refinery by contacting us on 0860 900 400 or you can advise us in writing or register a block on any registry which we are bound by law to recognise. We will not charge you a fee to update this request on our systems and we will give effect to changes as soon as reasonably possible.
PROMOTION OF ACCESS TO INFORMATION ACT MANUAL
The Promotion of Access to Information Act 2000 (PAIA) was set up by the SA Human Rights Commission to help increase public access to information about South African companies and other institutions. With this Act, they hope to make sure that:
- companies share information openly
- a culture of social justice is created and promoted
- human rights are respected by corporations and government
Learn more about your right to information and who can help you get it by downloading our PAIA Manual below.
YOU HAVE THE RIGHT TO HAVE ACCESS TO INFORMATION!
Download the Pepkor PAIA Manual
LIABILITY, LIMITATIONS, AND EVENTS BEYOND THE CONTROL OF REFINERY
*Take note of the limitations of liability contained in this clause
- No other clause or provision in these Terms and Conditions will operate or be interpreted to overrule this clause.
- You will not have any claim against REFINERY for a failure to carry out any one or more of its obligations in terms of these Terms and Conditions or any Transaction as a result of any circumstances whatsoever beyond the control of REFINERY, irrespective of whether those circumstances should or could have been anticipated by REFINERY.
- The performance of our obligations will be suspended for the duration of the event or circumstance that is preventing performance, and on cessation of the event or circumstance, we will then, as soon as is reasonably possible, perform as required in accordance with these Terms and Conditions and the relevant Transaction.
- If in our sole discretion, the suspension of performance has continued or is expected to continue for too long a period, then we may elect to cancel the Transaction by way of written notice to you.
- In the case of our actions in terms of 4 above, and with the exception of a refund that may be due to you for an Item or Items returned to us, you will have no claim whatsoever or howsoever arising against us in regard to the cancellation of the Transaction.
- Notwithstanding any communication between us, whether verbal or written and subject to clause 7, any claim by you against REFINERY, howsoever arising, will in the aggregate be limited to the amount actually paid by you to us in respect of the Item/s to which the claim relates.
- With the exception of a claim proved to have been caused by the gross negligence of REFINERY or its appointed agents, REFINERY will not be liable to you for consequential or special damages, whether or not such damages are caused by REFINERY or its employees or authorised agents.