Terms & Conditions
1. Introduction
1.1 Welcome to the haveitnext website. We are delighted that you have chosen to visit us and we are committed to providing you with a smooth and enjoyable online shopping experience. Please take a moment to carefully review these terms and conditions (“Terms”) to understand how they apply to you and your use of the Website and any products or services that you may purchase online (“Products” or “Services”).
1.2 This website, accessible at www.haveitnext.com, as well as its related mobile sites and software applications, collectively referred to as the haveitnext platform ("Website"), is owned and operated by ShoppingSphere (Pty) Ltd, Registration number 2022/865363/07, headquartered in 6628 Isihlangu Road, Waterloo, Blackburn, 4319, South Africa. ("ShoppingSphere", "haveitnext", "we", "us", and "our").
1.3 As a user of the haveitnext Website, you are bound by and must comply with these Terms and Conditions (“you”, “your”, "guest" or “user”). Your use of the Website, including clicking the "Sign up" button, serves as your agreement to these terms. Haveitnext reserves the right to enforce these Terms and Conditions against all users, including registered users and unregistered users, to ensure the safe and proper use of the Website. Your use of the Website and purchase of Products or Services constitutes your agreement to comply with these Terms. If you do not agree with these Terms, please do not use the Website or purchase any Products or Services.
1.4 The Haveitnext website allows you to shop online for a wide variety of goods, including electronics, home appliances, gaming items, books, and more. These products will collectively be referred to as 'Goods'.
1.5 It is important to note that some provisions of these terms may limit haveitnext's responsibility or involve some risk for you, and compel the user to indemnify haveitnext or a third party; These provisions are highlighted in blue for your convenience. We strongly encourage you to pay special attention to this, and if you have any questions or concerns, please do not hesitate to contact us.
1.6 These Terms and Conditions must not be interpreted or applied in a manner that contradicts the provisions of the Consumer Protection Act, 68 of 2008 (the "CPA"). haveitnext and users must adhere to all rights and obligations established by the CPA.
1.7 If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to seek clarification from Haveitnext before accepting the Terms and Conditions or continuing to use the website.
2. Registrations and use of the website
2.1 By accessing haveitnext.com and/or registering as a customer, you agree to provide accurate, current, and complete personal information. Your email address and password will serve as your credentials for accessing your account on the website. You are responsible for maintaining the confidentiality of your password and for all activities that occur under your account. Haveitnext shall not be liable for any loss or damage arising from your failure to protect your account information. Access to your account will be denied if you do not provide the correct credentials.
2.2 Upon completing the registration form, you will receive a confirmation email containing a unique verification code. To complete the sign-up process, you will need to enter this code on the website. The confirmation email should arrive within 5 minutes; however, this may vary depending on your Internet Service Provider (ISP). If you do not receive the confirmation email, please contact our support team for assistance.
2.3 You are responsible for ensuring the confidentiality of your username and password and for all activities that occur under your account. You agree to notify Haveitnext immediately upon becoming aware of or reasonably suspecting any unauthorized access to or use of your username and password, and to take necessary steps to mitigate any resulting loss or harm.
2.4 By accessing and utilizing the Website, you represent and warrant that you are at least 18 years of age and possess the legal capacity to enter into a binding agreement. If you are under 18 years of age or do not possess the necessary legal capacity, you may only use the Website with the direct supervision and consent of your parent or legal guardian. In such case, your parent or legal guardian must agree to be bound by these Terms and Conditions and take responsibility for all of your obligations under these Terms and Conditions.
2.5 By accessing the Website, you agree not to employ any device, software, or other method that would interfere with its proper functioning. You also agree not to use any automated tool, such as a robot or spider, or manual process to monitor, duplicate, distribute, or modify the Website or its content without prior written permission from a representative of haveitnext. This excludes the use of standard search engine technology used by internet search websites to direct users to the Website.
2.6 You agree not to use the Website or the information contained within it for any unauthorized purposes, including but not limited to publishing, copying, printing, or posting without the express written consent of an authorized Haveitnext representative. Further, you agree not to use the Website for any unauthorized or illegal purposes and to only use it in accordance with these Terms and Conditions and all applicable laws and regulations. The unauthorized use, reproduction, distribution, publication or modification of the Website and its contents is strictly prohibited and may result in legal action. You are only granted a limited, non-exclusive and revocable license to access and use the Website for the purpose it was intended. Any unauthorized use may result in the immediate termination of this license.
2.7 Haveitnext allows the use of this website subject to these Terms and Conditions. By using this website in any manner, you are deemed to have accepted these Terms and Conditions unconditionally. If you do not agree to these Terms and Conditions, you must not use this website.
3. Pricing, Availability and Sale Policy for Products
3.1 The products offered on the haveitnext website are subject to availability and will be delivered within the Republic of South Africa only, within areas specified during the checkout process. It is the customer's responsibility to ensure the delivery address, including the suburb and postal code, is correct.
3.2 The Products showcased on the Haveitnext website primarily consist of items that are not stored at our premises, unless specifically stated otherwise. These items are procured from a network of suppliers following the placement of customer orders. Notwithstanding the sourcing process, Haveitnext retains full responsibility for the order fulfillment. Every purchase made through our platform is processed and managed by our team with our commitment to quality control. For the delivery of orders, we collaborate with trusted delivery partners to ensure timely and efficient shipment directly to you.
3.3 Haveitnext reserves the right to discontinue or change the pricing and specifications of products without prior notice, without incurring any liability. Availability of products cannot be guaranteed, but haveitnext will make efforts to source items to fulfill your order. In cases where items cannot be delivered for whatever reason, Haveitnext will make an effort to contact you using the supplied contact information during checkout to find the best possible resolution, whether that be alternative options or a refund.
3.4 The prices listed on the Haveitnext website are subject to availability and are inclusive of Value-Added Tax. Special promotions may be subject to certain conditions including stock limitations and offer restrictions. Haveitnext takes great care to ensure the prices displayed on the website are accurate, however in the event of an "Inadvertent and obvious Error" in our pricing, customers will not be charged the incorrect price.
3.5 Haveitnext reserves the right to accept or reject orders placed by both registered and non-registered users for products. The acceptance of an order is contingent upon the availability of the products, the accuracy of the product information (including but not limited to pricing), and the successful receipt of payment or payment authorization.
3.6 We reserve the right to refuse or limit orders that, in our sole discretion, are suspected to be made by resellers, dealers, or wholesalers, particularly if they compromise the integrity of our operations. In such cases, a refund will be issued to the original payment method.
3.7 Haveitnext will confirm the acceptance of your order by delivering the Goods to you, and it is at that point that a sales agreement between you and Haveitnext will become effective (the "Sale"). This holds true regardless of any communication from Haveitnext that acknowledges receipt of your order or payment. In the event that Haveitnext rejects your order, it will be cancelled and a full refund for any payments made will be issued as soon as possible.
3.8 In the event of a breach of any of these Terms and Conditions, Haveitnext reserves the right to cancel the sale and/or terminate your registration immediately, without prejudice to any other rights or remedies available under applicable law.
3.9 Prior to receiving the shipping confirmation, you may cancel an order at any time by reaching out to haveitnext and informing us of your intention to cancel the order. If the Goods have already been delivered, returns may only be processed in accordance with the Returns Policy of haveitnext. If you cancel your payment for any reason, or if your payment method becomes invalid for any reason, you will still be responsible for paying the full purchase price, as well as any costs associated with recovery incurred by haveitnext.
3.10 Placing products in a Wishlist or shopping cart without completing the purchase process does not guarantee the availability of those products. Haveitnext reserves the right to remove items from the cart if they are no longer in stock or if their prices have changed. Haveitnext cannot be held liable if the products are unavailable or have changed in price when you attempt to complete the purchase process at a later time.
4. Payment
4.1 The security of your payment information is of utmost importance to us. All transactions are processed using the latest encryption technology and are securely handled by our payment partner, Paystack South Africa (Pty) Ltd. Upon clicking the "Place your order & pay" button at checkout, you will be redirected to the Paystack payment gateway, where you can select your preferred payment method and complete the payment process.
4.2 You may choose to pay for your order via:
4.2.1 Debit card,
4.2.2 Credit card,
4.2.3 Direct bank deposit / Electronic Funds Transfer,
4.2.4 Instant EFT,
4.2.5 Apple Pay,
4.2.6 SnapScan,
4.2.7 Scan to pay
4.2.8 NEXT gift cards,
(subject to availability and eligibility).
4.3 For debit card and credit card payments, we only accept Visa, Mastercard, and American Express cards. Furthermore, we may require additional information for authorization and verification purposes. In these cases, we may delay shipping until we have received the necessary information and authorization for the payment amount. If we do not receive authorization, your order will be cancelled.
4.4 By using a debit card or credit card to pay, you warrant that you are fully authorized to use the card and that it has sufficient funds to cover the cost of the goods and services purchased on our website.
4.6 For direct bank deposits or electronic funds transfers, you must contact us to inform us of your intent to use this payment method. Payment must be received within 7 days of placing your order. Failure to make payment within this timeframe will result in the cancellation of your order.
5. Delivery of Goods
5.1 We aim to offer consistent delivery prices across all locations within the South African borders, however, deliveries to extreme outlying areas may require an additional delivery surcharge. These are defined as suburbs or towns that are distant from regional towns/cities or main city centers, including but not limited to farms and mines. If your address falls into this category, we will contact you after placing your order to either collect the delivery surcharge, or cancel and refund the order.
5.2 Our delivery charges may change without prior notice. However, our current fee structure entails a standard fee of R75 per order, which is waived if the order amount (after applying any discounts) exceeds R450. The delivery charges applicable (excluding any potential delivery surcharges) will be displayed in your cart during the checkout process.
5.3 Delivery is available from Monday to Friday, between 8:00 AM and 5:00 PM, excluding weekends and South African public holidays. Upon acceptance of your order, Haveitnext will make every effort to deliver the goods to you in a prompt and timely manner, at a time no later than 15 business days. In the unlikely event that we are unable to deliver the goods within the agreed upon delivery period, we will notify you immediately. You will then have 48 hours to decide whether to cancel your order. If you choose to cancel, we will fully reimburse you with the purchase price for your order.
5.4 Our obligation to deliver a product to you is fulfilled upon delivery of the product to the physical address provided by you. After successful delivery, haveitnext is not responsible for any loss or unauthorized use of the product.
6. Inadvertent Errors
6.1 Haveitnext takes all necessary measures to ensure that the information on our website is accurate and up-to-date. In the event that we encounter an error, such as an incorrect price or product description, we are not obligated to fulfill the order based on this error. We will make every effort to contact you and inform you of the mistake. You have the right to cancel your order and receive a full refund for the amount paid. Furthermore, Haveitnext shall not be held responsible for any inaccuracies in product information displayed on third party websites.
7. Coupons
7.1 Haveitnext offers two types of coupons: fixed amount discounts (e.g. R100 off) and percentage discounts (e.g. 10% off). Coupons are issued at haveitnext's discretion and may be corrected, canceled or rejected at any time for any reason. "NEXT Bucks", our in-store reward currency, can be exchanged for coupons, but these terms still apply, regardless of how the coupon was obtained.
7.2 The use of Coupons, including coupons obtained by, on our website is subject to the following general rules, unless otherwise stated on the specific Coupon:
7.2.1 Each Coupon can only be used once.
7.2.2 Only one Coupon may be applied per order.
7.2.3 Only one Coupon may be used per person per promotion or campaign.
7.2.4 Percentage Coupons are valid for purchases with a total cart value of less than R7,000.
7.2.5 In the event that a Percentage Coupon is used, and you wish to cancel items from your order, the entire order must be cancelled, and a new Percentage Coupon will be issued for placement of the revised order.
7.2.6 Coupons must be applied at the time of checkout and cannot be applied to existing orders.
7.2.7 The value of the Coupon will be deducted from the total value of your shopping basket, with any remaining balance to be paid by you.
7.3 Coupons from Haveitnext cannot be used to purchase Gift Vouchers or other Coupons, nor can they be redeemed for cash or credit. Haveitnext is not liable for any harm that may result from the loss, unauthorized use, or distribution of a Coupon.
7.4 In the event that a Coupon does not reflect the correct amount at checkout, please reach out to us to confirm if the Coupon is still valid.
7.5 If the Coupon is still valid and you have already placed an order, you have the option to either cancel the order and place it again with the Coupon or use the Coupon on your next purchase, subject to the specific terms and conditions of the Coupon.
7.6 You may be asked to provide the original communication containing the Coupon code and any additional information as needed by haveitnext before using the Coupon.
8. Rewards
8.1 Haveitnext offers a store reward program where registered users are able to earn "NEXT Bucks" through various activities such as purchases, referrals, and other promotions. NEXT Bucks can be redeemed for various rewards such as coupons, discounts, and other benefits. These rewards are provided at the discretion of Haveitnext and are not an obligation or a right.
8.2 NEXT Bucks are redeemable for rewards within the limitations of the specific reward’s terms and conditions. Users must have a sufficient balance of NEXT Bucks in order to redeem them for rewards. Haveitnext reserves the right to refuse redemption of NEXT Bucks for any reason it deems to be reasonable, including, but not limited to, fraud, abuse of the reward program, or other violations of the terms and conditions.
8.3 NEXT Bucks have no cash equivalent and cannot be exchanged for money or credit. They can only be redeemed for store rewards as determined by Haveitnext. Please note that any unused Sphere Bucks will automatically expire after 36 months from the date of earning, as determined by Haveitnext, and this time frame may be subject to change at Haveitnext's sole discretion.
8.4 The terms and conditions of the reward program, including the redemption of NEXT Bucks for rewards, may be modified or terminated by Haveitnext at any time without notice. Haveitnext is not responsible for any harm or damage due to the loss, unauthorised use, or distribution of NEXT Bucks.
8.5 To redeem your NEXT Bucks, log into your account and visit the rewards section. For more information and/or assistance, please contact us.
9. Changes to these Terms and Conditions
9.1 Haveitnext may, at its discretion, modify these Terms and Conditions at any time. It is your responsibility to regularly review these Terms and Conditions and ensure that you are comfortable with any changes.
9.2 If you are not satisfied with any changes, you should immediately discontinue using the Website for further purchases or any other purposes. Any changes made will only apply to your use of the Website after they are displayed on the Website. By continuing to use the Website after any changes have been displayed, you will be deemed to have accepted the new Terms and Conditions.
10. Ownership and Copyright
10.1 All content presented on this Website, including but not limited to data, software, text, graphics, illustrations, photographs, audio and video clips, advertisements, brand names, logos, trademarks, designs, and service marks, collectively known as "Website Content", is safeguarded by applicable copyright and trademark laws. The ownership or usage rights of this Website Content are held by haveitnext, its advertisers, or sponsors.
10.2 By using this Website, you acknowledge and agree that you will not gain any proprietary or intellectual property rights to the Website or its Content. Any unauthorized exploitation, distribution, or duplication of the Website Content is explicitly prohibited and may result in legal repercussions. For permissions pertaining to commercial utilization of any Website Content, please contact us.
10.3 In circumstances where the Website Content is licensed to Haveitnext or is the property of any third party, your rights of usage will be governed by the terms and conditions stipulated by the respective licensor or third party. You agree to adhere to all such third-party terms and conditions.
11. Electronic Communication
11.1 By accessing the Haveitnext website or communicating with us via email, you consent to receive electronic communications from Haveitnext, our divisions, affiliates, and partners in accordance with our privacy policy.
12. Disclaimer
12.1 The use of the Haveitnext website is entirely at your own risk, and you are fully responsible for any risks or loss that may result from the use of the website or reliance on any information on it. While Haveitnext takes reasonable measures to ensure the accuracy and completeness of the content on the website, we make no representations or warranties, either express or implied, regarding the quality, timeliness, operation, integrity, availability, or functionality of the website or the accuracy, completeness, or reliability of any information on it.
12.2 Haveitnext is not bound by any representations or warranties made by its representatives. haveitnext shall not be held liable for any direct, indirect, or consequential damages arising from your access to or use of the website or its content, unless otherwise required by law. The goods available for purchase on the website may be under warranty under specific circumstances, but the website and all information provided on it is provided "as is" without any warranty, express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be permitted by law.
12.3 The views expressed on the website are not necessarily those of Haveitnext, its directors, employees, or agents. In addition to the other disclaimers contained in these Terms and Conditions, Haveitnext makes no warranty or representation, either express or implied, that the information or files available on the website are free of viruses, spyware, malware, trojans, or any other harmful data or code. You accept all risk associated with the existence of such harmful materials or any other data that may corrupt, compromise, harm, or otherwise impede the operation or content of your computer system, computer network, any device, or your hardware or software, unless such risks arise due to the gross negligence or intentional misconduct of haveitnext, its employees, agents, or authorized representatives. As such, Haveitnext disclaims all liability for any damage, loss, or harm of any nature resulting from or in connection with your access to or use of the website.
13. Limited Liability
13.1 Haveitnext cannot be held liable for any inaccuracies or errors published on the website and displayed prices, except in instances where it results from our gross negligence or deliberate misconduct. If you come across any errors, please report them to us by contacting us.
13.2 Haveitnext will not be liable for any direct, indirect, incidental, special, or consequential losses or damages that may arise from the use of or reliance on the website or its content, or from an inability to use the website or from any illegal activity on the website or any linked third-party website.
13.3 By using the website, you agree to indemnify Haveitnext against any loss, claim or damage that may be suffered by you or any third party arising from your use of this website or any linked third-party website.
14. Availability and Termination of Services
14.1 Haveitnext makes every effort to maintain the availability of its website, except for during scheduled maintenance times. We reserve the right to discontinue providing the website or any part of it without notice to you. In the event that we choose to modify, suspend, or terminate our website, Haveitnext will not be liable to you, except to the extent that we are able to process any orders you have made prior to such time.
14.2 If you fail to comply with these Terms and Conditions, including any incidents involving payment, we may choose to suspend or terminate your access to our website without any prejudice to any claims for damages or otherwise that we may have against you.
14.3 To prevent suspected fraud and prevent abuse of our website, Haveitnext reserves the right to blacklist you on its database, refuse to process payment on any order, cancel any order made between you and Haveitnext, or terminate your access to the website. In these cases, Haveitnext will only be liable to refund any money already paid by you and accepts no other liability that may arise from such blacklisting and/or refusal to process any order.
14.4 At any time, you may choose to stop using our website, with or without notice to Haveitnext.
15. Governing Law and Jurisdiction
15.1 These Terms and Conditions and any disputes arising from or related to them will be governed and interpreted in accordance with the laws of the Republic of South Africa. By continuing to use the website, you consent to the jurisdiction of South African courts in all proceedings, transactions, and applications arising from these Terms and Conditions.
15.2 In the event of any dispute arising between you and Haveitnext concerning the sale of goods, you agree that the sale is deemed to occur in Durban, KwaZulu-Natal. You hereby consent to the non-exclusive jurisdiction of the KwaZulu-Natal High Court of the Republic of South Africa, notwithstanding that the monetary value of the action or proceedings may otherwise fall below the jurisdictional limits of that court.
15.3 This Clause 15, or any part of these Terms and Conditions, does not limit your right to seek resolution from any court, tribunal, or forum of competent jurisdiction under the Consumer Protection Act.
16. Notices
16.1 Haveitnext hereby designates 6628 Isihlangu Road, Waterloo, Blackburn, KwaZulu-Natal, as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions ("legal address").
16.2 Haveitnext reserves the right to change this address at any time by updating these Terms and Conditions.
16.3 You hereby designate the delivery address specified in your order as your legal address. You may change this to any other physical address by providing Haveitnext with no less than 7 days' written notice.
16.4 Notices must be sent either by hand, prepaid registered post, or by email and must be in English. All notices sent:
16.4.1 By hand will be deemed to have been received on the date of delivery.
16.4.2 By prepaid registered post will be deemed to have been received 14 days after the date of posting.
16.4.3 By email will be deemed to have been received on the date indicated in the "Read Receipt" notification. All email communications between you and Haveitnext must utilize the "Read Receipt" function to serve as proof that an email has been received.
17. Information
17.1 For the purposes of the Electronic Communications and Transactions Act (ECT Act), the following information pertains to Haveitnext and should be read in conjunction with its product descriptions and other terms and conditions contained on the website:
Name: ShoppingSphere (Pty) Ltd, a private company registered in South Africa with registration number 2022/865363/07
Trading Name: Haveitnext
Main Business: Online retailer
Registered Physical Address: 6628 Isihlangu Road, Waterloo, Blackburn, KwaZulu-Natal, 4319
Office Bearer: Thandolwethu Mbokazi
Email Address: info@haveitnext.com
Website: Haveitnext.com
17.2. Intellectual Property Complaints: If you have a complaint or allegation of intellectual property infringement, please send your complaint or allegation to legal@haveitnext.com. Include the following key information:
17.2.1 The specific URLs on the platform that relate to your complaint or allegation.
17.2.2 Actual copies of the South African Companies and Intellectual Property Commission (CIPC)-issued certification that you are relying on to confirm the intellectual property rights claimed in South Africa.
17.3 Subject to the above and considering the reactive nature of the platform and its related functionality limitations, we confirm that we will investigate the identified URLs and respond to your complaint or allegation in good faith as soon as possible.
18. General
18.1 The rights and obligations outlined in these Terms and Conditions cannot be transferred to any third party without prior written consent. A failure to enforce any right specified in these Terms and Conditions does not constitute a waiver of that right.
18.2 If any term or condition is declared invalid, the remaining terms and conditions will remain in full force and effect.
18.3 No indulgence, extension of time, relaxation, or latitude granted by either party shall be considered a waiver of any rights, and the granting party shall not be prevented from exercising those rights in the future. These Terms and Conditions constitute the entire agreement between you and haveitnext, and any other warranties or agreements not explicitly included in this document are not valid.