Hawker Product Terms & Conditions

Important Notice

Your attention is drawn in particular to clauses rendered in capitals in these Terms. What follows is a summary for your convenience and does not form part of the agreement between you and Hawker. It is your responsibility to read the clauses referred to:


  • By accessing this Website or purchasing or using the Products, you are agreeing to these Terms. If you do not agree to these Terms, do not use the Website or purchase or order Products (clause 2.1).
  • You have a seven (7) day cooling off period for the cancellation of any order placed on this Website (clause 4).
  • Hawker does not make any promises, representations, warranties or guarantees with reference to the products except such as are consistent with these Terms (clause 7.1).
  • You give Hawker permission to use and process certain of your personal information (clause 14.1).

Definitions

"Account" means the information held by Hawker relating to a User, including details of monies paid to Hawker, billing and transaction records, personal contact details and any other information provided by the User, its employees, officers or agents.

"Agreement" means these terms, together with any policies or documents expressly incorporated by reference.

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

"Hawker" or "We" or "Us" means Hawker (Pty) Ltd, a limited liability company incorporated according to the company laws of the Republic of South Africa with registration number 2025/467238/07.

"Product(s)" means any products available for purchase on this Website.

"You" or the "User" means any person purchasing a Product on the Website.

"Website" means the website of Hawker at URL https://thehawker.co.za/ (including subdomains) or such other URL as Hawker may choose from time to time.

Terms and Conditions

This is an agreement between you and Hawker that sets out our general account terms applicable to each customer of Hawker. It is important that you read and understand the contents hereof, as you will be bound to these terms.

Due to legal and other developments, Hawker reserves the right to amend the terms of this agreement at any time and without notice to you. It is your duty to remain apprised of the current version of these terms and conditions. Please refer to the last revision date at the top of this document. Should you proceed in ordering or purchasing any Products through this Website subsequent to any amendments having been affected constitutes your acceptance of the Agreement as amended.

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:

Legal entity name: Hawker Pty Ltd

Website address: https://thehawker.co.za/

E-mail: info@hawker.co.za

Physical Address: 187 Sir Lowry Road, Woodstock, Cape Town, 7915 (service address)

Postal Address: 187 Sir Lowry Road, Woodstock, Cape Town, 7915

Registered Address: 187 Sir Lowry Road, Woodstock, Cape Town, 7915

COOLING OFF PERIOD

YOU ARE ENTITLED TO CANCEL, WITHOUT REASON AND WITHOUT PENALTY, ANY PURCHASE WITHIN SEVEN (7) DAYS AFTER THE DATE OF RECEIPT OF A PRODUCT, UNLESS THE PRODUCT PURCHASED:

  • IS MADE TO YOUR SPECIFICATION;
  • IS PERSONALISED FOR YOU;
  • BY REASON OF ITS NATURE CANNOT BE RETURNED; OR
  • THE PRICE OF SUCH PRODUCT IS DEPENDENT ON FLUCTUATIONS IN THE FINANCIAL MARKETS AND SUCH PROCESS CANNOT BE CONTROLLED BY US.

YOU WILL BE ENTITLED TO A FULL REFUND OF THE PAYMENT MADE, WHICH WILL BE MADE WITHIN 7 (THIRTY) DAYS AFTER THE DATE OF CANCELLATION.

THE PRODUCT MUST BE RETURNED AT YOUR COST, IN THE SAME CONDITION RECEIVED, WITH ALL ACCESSORIES. A REASONABLE HANDLING/RESTOCKING FEE (MAXIMUM 15 %) MAY BE DEDUCTED IF THE PRODUCT IS NOT IN "AS DELIVERED" CONDITION.

RETURN PROCEDURE: OBTAIN A RETURN MERCHANDISE AUTHORISATION ("RMA") VIA INFO@HAWKER.CO.ZA. RETURNS WITHOUT AN RMA MAY BE REFUSED. REFUNDS ARE PROCESSED VIA THE ORIGINAL PAYMENT METHOD WITHIN TEN WORKING DAYS OF ACCEPTANCE OF THE RETURN.

Registration and Operation of Account

You can create an Account on the Website, and you accept that you are solely responsible for the consequences of your use of your Account and for maintaining it and all information in it. This responsibility extends to all of your employees, officers or agents that may access the Account.

Juristic persons are encouraged to create Accounts using the details of the juristic person rather than that of the employee, officer or agent acting on behalf of the juristic person.

Hawker takes security seriously, but as the User, you accept all risks of any unauthorised access that could occur regarding your registration or Account data.

You understand that, once the correct username and password relating to your Account have been entered on the Website, irrespective of whether the use is unauthorised or fraudulent, you will be liable for payment of any Products ordered, unless such order is cancelled by you in accordance with these Terms and Conditions.

Products and Grade-Specific Disclosures

We make every effort to display as accurately as possible the colours, features, specifications, and details of the Products available on the Website. However, Hawker does not guarantee that the colours, features, specifications, and details of the Products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colours and details of the Products.

    Software licences, SIM-locks or network compatibility remain your responsibility; Hawker makes no representation that a Product will operate with any particular network/operator or software ecosystem.

    All Products displayed on the Website are limited and are subject to availability, and we cannot guarantee that items will be in stock.

    Hawker will make all reasonable attempts to ensure that when the stock is no longer available, the particular Product is removed from the Website.

    The Products, available on the Website are for your personal use only. You may not sell or resell any of the Products. If, in Hawker's sole discretion, we believe that any order to be filled or Products to be provided to you may result in the violation of these Terms, Hawker reserves the right, with or without notice, to cancel such order.

    If Hawker is unable to fulfil any order because the Product is sold out, you will be informed and entitled to a reimbursement for the rand value you have paid for such Product.

    Hawker will make all reasonable attempts to ensure that promotional Products are removed when stock runs out

    Hawker reserves the right to communicate any Product changes to you on the Website, which may include but is not limited to, the discontinuation of Products, packaging and name changes.

    Hawker specialises in refurbished products offered in three grades:

Grade Functionality Criteria Cosmetic Criteria Resale Readiness / Warranty
A 100% functional; every feature fully tested. No visible damage; may appear as new. "Excellent condition"; three month limited warranty.
B Fully functional; minor issues that do not affect core use. Light scratches, small dents, faded decals. "Good condition"; one-month limited warranty.
C Partial functionality; may lack minor features or require calibration. Noticeable dents, cracks, rust or similar wear. "Functional with wear and tear"; no warranty included.

Disclaimer

If you qualify as a consumer in terms of the Consumer Protection Act 68 of 2008 ("CPA"), then all of our Products are sold with an implied warranty of quality against any defects are for normal household or business use, from the time we delivered the Products. This warranty is subject to proof of purchase being provided.

HAWKER DOES NOT MAKE ANY PROMISES, REPRESENTATIONS, WARRANTIES OR GUARANTEES (EXPRESS OR IMPLIED) WITH REFERENCE TO THE PRODUCTS EXCEPT SUCH AS ARE CONSISTENT WITH THESE TERMS OR AS ARE EXPRESSLY AUTHORISED BY HAWKER IN WRITING.

WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES INCLUDING BUT NOT LIMITED TO PRODUCT AVAILABILITY AND DELIVERY TIMES, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, OR NON-INFRINGEMENT, TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

Should the CPA be applicable to these Terms, the relevant order, or to you as the case may be, the provisions of these Terms will not be interpreted to exclude your rights under Sections 54, 55, and 56 of the CPA, which are admitted only to the minimum possible extent. Unless the contrary is stated elsewhere in these Terms, you will have no rights in respect of quality of service, safe & good quality goods or implied warranty of quality beyond those explicitly stated in those sections.

We will not be bound by any incorrect information regarding any Products displayed on any third-party websites.

Orders

The display of Products on our Website in no way constitutes an offer to do business with you

The Website allows you to place electronic orders for one or more Products on offer as long as the Products are available and are not sold out, and we reserve the right to reject any orders placed.

You understand that, irrespective of receiving any communication from us confirming your order or payment, an agreement of sale between you and Hawker will only come into effect once we have indicated our acceptance of your order by delivering the Products to you.

Should we reject any order, we will inform you of such cancellation and, as soon as possible, refund you for any amount already paid.

Should any Products be out of stock after you have placed an order, we will notify you and you will be entitled to a refund of any amount already paid by you.

The purchase price for the Products will be set out on the Website and is subject to change at any time without prior notice to you.

While we constantly update the Products' prices listed on the Website, and attempt to keep the pricing correct, the listed price may not be valid due to price fluctuations and the rand/dollar exchange rate. Should the price differ after placing your order, we will inform you and you will have the right to cancel the transaction should you not wish to pay a higher purchase price.

You are not able to reserve Products to be bought at a later stage and placing an item in your shopping basket without fully completing the order, does not amount to a sale or a valid order.

If a Product goes out of stock before the sale takes place, Hawker is authorised to remove any item from your basket.

Hawker may not be held responsible if an order has become unavailable by the time you try to complete a sale at a later stage.

The invoice for your purchase will be available online in your Account on the Website and emailed to you upon confirmation of your order. A copy will also be included in your delivery of the Product.

Hawker reserves the right to, in our sole discretion, limit or cancel quantities purchased per person, per company, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

Payment

All payments must be made in South African rands (ZAR). Your total order price will include the price of the purchase plus any applicable sales tax (VAT), shipping costs and payment fees.

We accept the following forms of payment Mastercard, Visa and BNPL partners. Use of these payment serves may be subject to their own terms and conditions, which you agree to abide by.

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Website. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.

Once payment is made, it is deemed that you have read and understood these Terms so don’t make a purchase through this Website unless you understand and agree to all the Terms and Conditions.

If you pay using the payment options available, you authorise Hawker and certain third-party service providers, to receive, store and encrypt your payment information.

Hawker's payment gateways use the strictest form of encryption and no credit card details are stored by Hawker.

Confirmed, irrevocable payment is required before despatch. Hawker may request proof of identity or perform fraud screening; failure to comply may delay or void your order.

Delivery of Products

If you order a Product on Hawker's Website, it will be delivered to your chosen address within the time period as set out in your order confirmation.

Subject to stock availability with suppliers and receipt of payment, orders will be processed within 7 (seven) working days and handed over to a courier company for delivery. A delivery fee will apply to all orders as detailed in your order summary.

Delivery timeframes commence on the first Working Day after payment clearance and exclude weekends and public holidays.

Delivery times will vary depending on the specific Product purchased, lead times from our third-party suppliers and whether you are located in a metropolitan area or outlying areas.

Should we be unable to adhere to the delivery period specified, we will notify you as soon as reasonably possible.

Ownership of all Products is retained by Hawker until payment has been made in full, upon which ownership will pass to you.

Once the Product is delivered to you, all risk therein will pass to you

Hawker's obligation to deliver a Product to you is fulfilled when we deliver the Product to the physical address nominated by you for delivery of the order. We are not responsible for any loss or unauthorised use of a Product, after it has been delivered to the physical address nominated by you.

Force Majeure

Hawker is not responsible for failure to perform if such failure results from events beyond its reasonable control, including but not limited to acts of God, pandemic, labour unrest, fire, flood, civil unrest, telecommunications or power failure.

Returns or Refunds

You acknowledge and agree that it is your responsibility to carefully inspect the Products immediately upon delivery, and in all cases prior to any use. Under no circumstances will Products that have been unpacked, used, installed, or otherwise handled in a manner beyond initial inspection be accepted for return, exchange, or credit.

Only Products that are found to be defective, as defined in terms of the CPA, may be returned. Any such defect must be reported to us in writing within 7 (seven) days of delivery, together with reasonable proof of the defect. Further, no returns will be accepted for defects or conditions that were disclosed to you prior to purchase, obvious or reasonably detectable upon delivery, or a result of misuse, negligence, or failure to follow instructions

Under no circumstances will Products that have been unpacked, or used be accepted for return or credit, it being your responsibility to inspect the Products immediately upon delivery (and most importantly prior to the use of the Products).

Electronic Communications

By visiting the Website, sending us emails, and completing online forms, you consent to receive electronic communications from us.

Personal Information

YOU HEREBY EXPRESSLY AGREE THAT HAWKER MAY COLLECT, USE AND SHARE YOUR PERSONAL INFORMATION THAT YOU HAVE ENTERED IN CREATING AN ACCOUNT OR PURCHASING A PRODUCT ON THE BASIS AND WITH THE PEOPLE AS SET OUT IN OUR PRIVACY POLICY AVAILABLE.

Jurisdiction

These Terms and Conditions are governed by and construed in accordance with the law of the Republic of South Africa; you and Hawker both agree to submit any dispute arising out of the use of this Website or the purchase of any Products to the exclusive jurisdiction of the courts of the Republic of South Africa.

Disputes or Complaints

We are bound by the Consumer Goods and Services Industry Code. If you have a complaint about the Products purchased or require information regarding our internal complaints-handling process, please contact us at support@hawker.co.za.

Should we be unable to resolve your complaint to your satisfaction within 15 (fifteen) business days of you having notified us of it, you are entitled to approach the Consumer Goods and Services Ombud to assist you in resolving the dispute.

The Consumer Goods and Services Ombud can be contacted at http://www.cgso.org.za/, 0860 000 272 or 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.

Hawker Website Terms & Conditions

Important Notice

It is important to note that the use of this website is subject to the terms and conditions of use set out below. By using this website, you agree to observe all terms and conditions of use, including any privacy or other policies which may appear elsewhere on this website. If you do not agree with any term of these terms and conditions, you must cease your access of this website immediately.

Definitions

"Hawker" or "We" or "Us" means Hawker (Pty) Ltd, a limited liability company incorporated according to the company laws of the Republic of South Africa with registration number 2025/467238/07

“You” or the "User" means any person accessing or browsing any part of the Website for any purpose.

"Website" means the website of Hawker at https://thehawker.co.za/ (including subdomains) or such other URL as Hawker may choose from time to time.

Use Subject to these Terms and Conditions

Your use of and access to this Website is at all times governed by the terms of these Terms and Conditions, and by accessing this Website you agree to adhere to the provisions thereof. Your agreement to these Terms and Conditions will be deemed to have been given on the date when you first accessed this Website.

If you purchase goods from the Website, the Hawker Product Terms will apply.

If you do not agree to these Terms and Conditions, you must cease your access and use of this Website immediately.

These Terms and Conditions include Hawker's Privacy Policy, which is included herein by reference and can be accessed

Due to legal and other developments, Hawker reserves the right to amend the terms of this agreement at any time and without notice to you. It is your duty to remain apprised of the current version of these terms and conditions. Please refer to the last revision date at the top of this document. Continued use of the Website subsequent to any amendments having been affected constitutes your acceptance of the Terms and Conditions as amended.

Content

This entire website, including text, images, links, downloads and coding, is provided "as is" and "as available". Hawker makes no representations or warranties, express or implied, including but not limited to warranties as to the correctness or suitability of either the website or the information contained in it unless this is specifically imposed by law.

Users should under no circumstances regard anything contained on this Website as an offer, but as an invitation to do business. We reserve the right to vary and do not warrant that any particular price will be available at any specific time.

Any use of or reliance on this Website, the contents of this Website or the information provided through this Website will be at your sole risk. Hawker makes no representations or warranties whatsoever as to the accuracy of the information contained in this Website.

Hawker does not warrant that this Website or the delivery, hosting and ancillary services or facilities of third-party suppliers utilised by Hawker will continue to operate, will operate without interruptions or will be error-free or that it will be free of any software virus or other harmful component. You will be entirely responsible for any resulting damage to software or computer systems and/or any resulting loss of data caused as a result of any use of this Website.

Third-Party Sites

The Website may contain hyperlinks to websites owned and / or operated by third parties. Hawker is not responsible for the content of such websites and does not endorse or approve the contents thereof.

Hawker consequently does not accept any liability in connection with any third-party websites that may be linked to this Website (regardless of whether or not a link has been permitted by Hawker) and is not responsible for the content of any website that is linked to this Website. The fact that a website is linked to this Website does not imply Hawker sponsors, endorses or is affiliated or associated with the entity that owns or is responsible for the website.

Intellectual Property

Except where expressly stated to the contrary, copyright in the HTML, text, graphics, audio clips, video clips, source and / or object code and all other works contained in this Website is owned by Hawker, which asserts and reserves all of its rights in this regard. Access to or use of this Website will not in any way result in an assignment or license of any intellectual property owned by Hawker or any other party.

The contents of this Website may not be transmitted, transcribed, reproduced, stored or translated into any other form without the prior written permission of Hawker. However, Hawker permits you to display the content of this Website on your computer and to print, download and use the underlying HTML, text, graphics, audio clips, video clips and other works available to you on this Website provided that:

  1. you do not modify the content of this material;
  2. the Hawker Website is the acknowledged source; and
  3. this permission may be revoked at any time by Hawker.

No other use of this Website is permitted. Without restricting the generality of the foregoing, you may not make commercial use of the content of this Website, include the content of this Website in or with any product that you create or distribute, or copy the content of this Website onto your own or another's website, unless as set out in these Terms and Conditions.

Due to the nature of the Website, some third-party images, text, graphics and or object code may be used. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us immediately.

Linking, Framing and Crawling

The express permission in writing of Hawker is required before any hyperlink other than to the Home Page of this Website is created. Permission, if granted, will be subject to the condition that the party linking to this Website alerts Users to the application of these Terms and Conditions. Requests for permission can be mailed to help@hawker.co.za.

Permission to link to this Website is given without assumption of any liability. We reserve the right to withdraw permission granted to link to this Website at any time and for any reason.

The express permission in writing of Hawker, which may be subject to conditions, is required before this site, any of its pages and/or any of the information contained on the site is framed. Requests for permission can be mailed to help@hawker.co.za.

Apart from bona-fide search engine operators and use of the search facility provided on the Website for Users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the Website for any purpose without the prior written consent of Hawker.

Security

Hawker will pursue prosecution of and compensation from any person that delivers or attempts to deliver any destructive code to this Website or attempts to gain unauthorised access to any page on this Website.

While Hawker takes all reasonable and appropriate security precautions, no liability will lie for damage caused by the malicious use of this Website or by destructive data or code that is passed on to you through the use of this Website.

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.

Disclaimer And Indemnity

Hawker expressly disclaims all liability for any direct, indirect or consequential loss or damage occasioned from the use or inability to use this website whether directly or indirectly resulting from inaccuracies, defects, errors, whether typographical or otherwise, omissions, out of date information or otherwise, even if such loss was reasonably foreseeable and Hawker had been advised of the possibility of the same. Consequential and indirect loss and damage will include but not be limited to loss of profits, loss of goodwill, and wasted expenditure.

You agree to indemnify and hold harmless Hawker, its servants, subcontractors, subsidiaries and affiliates from any demand, action or application or other proceedings, including for attorney's fees and related costs such as tracing fees, made by any third party and arising out of or in connection with your use of or access to this website.

Jurisdiction

These Terms and Conditions are governed by and construed in accordance with the law of the Republic of South Africa; you and Hawker both agree to submit any dispute arising out of the use of this Website to the exclusive jurisdiction of the courts of the Republic of South Africa.

Website Use and Acceptable-Use Policy

You must not:

  1. use any automated device to monitor or copy the Website without consent;
  2. attempt to gain unauthorised access to any portion of the Website;
  3. upload unlawful, defamatory, or discriminatory content; and
  4. infringe Hawker's or any third-party intellectual property rights.

Hawker reserves the right to suspend or terminate any account that breaches these rules or applicable law.

General

By visiting the Website, sending us emails, and completing online forms, you consent to receive electronic communications from us.

Personal Information

These Terms and Conditions of Use contain the record of the entire agreement between the User and Hawker in respect of access to and use of the Website.

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.

Notwithstanding the fact that hyperlinks in these Terms and Conditions to certain documents should be deemed part of these Terms and Conditions in terms of Section 11 of the Electronic Communications and Transactions Act 25 of 2002, the fact that some or all of the hyperlinks may be non-operational, will not play a role in determination of the validity and interpretation of these Terms and Conditions.