Definitions

Account: Information held by Hawker about a User, including payment, billing, transaction records, personal details, and any information required by third-party payment providers (including BNPL partners) to process orders securely.

Agreement: These Terms and any referenced policies/documents referenced herein, as amended and published on the Website from time to time.

Business Day means any day other than a Saturday, Sunday or public holiday in the Republic of South Africa;

Hawker / We / Us: Hawker (Pty) Ltd, South African company registration number 2025/467238/07.

Product(s): Any product available for purchase on the Website, whether new or refurbished (Grades A-C), as described in these Terms.

You / User: Any person purchasing a Product or accessing the Website.

Website: https://thehawker.co.za including subdomains or alternate URLs operated by Hawker.

Agreement and Variations

This Agreement sets out the terms governing your use of the Website and purchase of Products. By ordering, you accept these Terms in full. Hawker may update or amend these Terms from time to time to reflect changes in our practices, legal requirements, or business needs. However, any material changes to these Terms will be communicated to you in advance via appropriate channels, such as email or notification on the Website, before they take effect.

It is your responsibility to review any such communications and the Terms regularly to remain informed of any updates. Continued use of the Website or placing orders after the effective date of notified changes constitutes your acceptance of those changes.

Owner Information

The following are the details of Hawker. Please submit any query in respect of these Terms and Conditions to us using one of these contact methods:

Cooling-Off Period

Account Registration and Responsibility

You may create an Account. You are responsible for maintaining, securing, and all activity relating to your Account—including actions by your employees or agents. Juristic persons should register using company details. You accept all risks from unauthorized access. Orders placed with correct credentials are your responsibility unless cancelled according to these Terms.

Products and Disclosures

• We try to accurately display Product details but do not guarantee accuracy due to display or description limitations.
• Compatibility with software, networks, or operators is your responsibility; no guarantees made.
• Products are limited and subject to availability; out-of-stock items are removed promptly.
• Products are for personal use only and may not be resold. Hawker reserves the right to cancel orders suspected to breach these Terms.
• Refunds issued if Products cannot be fulfilled due to stock issues.
• Product changes (discontinuation, packaging, name, etc.) may be communicated via the Website.

Refurbished Product Grades

Disclaimer

Orders

• Product display is an invitation to purchase, not an offer.
• Orders are accepted only when Products are delivered.
• Orders can be cancelled by Hawker with notification and refund.
• Prices are subject to change; fluctuations and exchange rates may affect final prices. You have the right to cancel if prices differ materially pre-delivery.
• Products cannot be reserved without completing the order process.
• Invoices are available online and emailed upon confirmation.
• Hawker may limit quantities or cancel orders at its discretion.

Payment

• All payments in South African Rands (ZAR). Total price includes product price, VAT, shipping, and fees.
• Accepted payment methods: Mastercard, Visa, BNPL partners. Subject to their terms.
• You must provide accurate and current payment details and update as necessary.
• Payment authorizes Hawker and third parties to securely process transactions.
• Full payment required before dispatch; identity verification or fraud checks may delay orders.

Delivery

• Products delivered to the address provided within timelines specified in order confirmation.
• Processing takes up to 7 working days post-payment, followed by courier delivery.
• Delivery excludes weekends/public holidays and varies by product and location type.
• Failure to meet delivery times will be communicated promptly.
• Ownership passes on full payment; risk passes on delivery.
• Hawker is not liable for loss or misuse after delivery to the provided address.

Force Majeure

Hawker is not liable for failure due to uncontrollable events (e.g., acts of God, pandemics, strikes, floods, telecommunications failures).

Returns and Refunds

• Products must be inspected immediately upon delivery before use.
• Only defective Products (as per CPA) may be returned within 7 days of delivery with reasonable proof.
• No returns for disclosed, obvious defects or misuse.
• Used or opened Products will not be accepted for return.

Electronic Communications

You consent to receive electronic communications by using the Website or contacting Hawker.

Personal Information

You expressly agree that Hawker may collect, use, and share your personal information as detailed in our Privacy Policy.

Jurisdiction

These Terms are governed by South African law. Disputes resolved exclusively in South African courts.

Disputes or Complaints

• Bound by Consumer Goods and Services Industry Code.
• Contact info@hawker.co.za for complaints or process information.
• If unresolved within 15 business days, you may contact the Consumer Goods and Services Ombud:
• Website: http://www.cgso.org.za/
• Tel: 0860 000 272
• Email: complaints@cgso.org.za

General

These Terms and Conditions contain the record of the entire agreement between you and Hawker in respect of the purchase and use of the Products.

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions which will remain in full force and effect.

Hawker's omission to exercise any right under these Terms and Conditions will not constitute a waiver of any such right unless expressly accepted by Hawker in writing.

Content

Third-Party Sites

Links may lead to third-party websites; Hawker does not endorse or control such content and accepts no liability.

Intellectual Property

Content copyright belongs to Hawker. You may view, print, or download for personal use only without modification or commercial use. Written permission required for other uses.

Linking, Framing and Crawling

Written permission required for extensive linking or framing, or use of crawling technologies. Contact info@thehawker.co.za.

Security

Hawker pursues legal action against unauthorized access or harmful code delivery. No liability accepted for damage from malicious use.

Personal information

You hereby expressly agree that Hawker may collect, use and share your personal information that you have entered in creating your account or purchasing products on this Website on the basis and with the people as set out in the Privacy Policy available here.

Website Use Policy

Prohibited actions include unauthorized monitoring, unlawful content upload, unauthorized access attempts, and IP infringement. Hawker may suspend or terminate violating accounts.

General

• This document is the full Agreement between you and Hawker regarding Products and Website use.
• If any clause is invalidated, remaining provisions remain effective.
• Failure to enforce any right does not waive that right unless expressly waived in writing.
• Hyperlinks to referenced policies form part of these Terms even if non-operational.

Please retain this document for your records. By using the Website or purchasing Products, you agree to these Terms and Conditions.