Terms of Service

Last Updated: November 15, 2025

1. Introduction and Acceptance

Welcome to Ngongoni (Pty) Ltd ("Ngongoni," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website (ngongoni.com) and services. By accessing or using our services, you agree to be bound by these Terms.

Company Details:
Ngongoni (Pty) Ltd
Registered in South Africa
Email: [email protected]

2. Definitions

  • "Services" means all products, goods, and services offered by Ngongoni.
  • "Customer" or "You" means the individual or entity purchasing products or services from Ngongoni.
  • "Products" means automotive spare parts, mining equipment, construction materials, corporate wear, PPE, and other goods sold by Ngongoni.
  • "Website" means ngongoni.com and all associated domains and subdomains.

3. Eligibility and Account Registration

3.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into binding contracts under South African law. By using our services, you represent and warrant that you meet these requirements.

3.2 Account Accuracy

You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account credentials.

4. Products and Services

4.1 Product Descriptions

We strive to provide accurate product descriptions, specifications, and pricing. However, we do not warrant that product descriptions or other content is accurate, complete, reliable, current, or error-free.

4.2 Pricing and Availability

All prices are subject to change without notice. Prices vary by region (Zimbabwe, Mozambique, Zambia, Malawi, South Africa) and are displayed in the applicable local currency. Product availability is not guaranteed and may vary by location.

4.3 Order Acceptance

Your order constitutes an offer to purchase products. We reserve the right to accept or decline any order for any reason, including product availability, errors in pricing or product information, or suspicion of fraudulent activity.

5. Payment and Invoicing

5.1 Payment Methods

We accept various payment methods including bank transfers, EFT, cash payments, and approved credit accounts. Payment terms may vary by region and customer type.

5.2 Credit Accounts

Credit facilities are subject to approval and credit checks. Credit terms, limits, and conditions will be communicated separately. Late payments may incur interest charges as permitted by South African law.

5.3 Currency and Taxes

All prices are quoted in the applicable regional currency. Value Added Tax (VAT) or other applicable taxes will be added to invoices as required by law. South African customers will be charged VAT at the current statutory rate (15%).

6. Delivery and Shipping

6.1 Delivery Terms

Delivery times vary by region:

  • Zimbabwe: 2-5 business days
  • Mozambique: 3-7 business days
  • Zambia: 4-8 business days
  • Malawi: 4-8 business days

These are estimates and not guaranteed delivery dates. Delays may occur due to customs, logistics, or circumstances beyond our control.

6.2 Risk and Title Transfer

Risk of loss and title for products pass to you upon delivery. You are responsible for inspecting products upon delivery and reporting any damage or discrepancies within 48 hours.

6.3 Import Duties and Customs

For international deliveries, customers are responsible for all import duties, customs clearance fees, and taxes imposed by the destination country.

7. Returns and Refunds

7.1 Consumer Protection Act Compliance

In accordance with the South African Consumer Protection Act 68 of 2008 (CPA), you have the right to return products within applicable cooling-off periods, subject to certain conditions.

7.2 Return Policy

Products may be returned within 30 days of delivery if:

  • Products are defective or damaged upon arrival
  • Wrong products were delivered
  • Products do not match the description
  • Products are unused and in original packaging (for change of mind returns, subject to restocking fee)

7.3 Non-Returnable Items

Custom-ordered products, hazardous materials, and perishable goods may not be eligible for return. Please contact us before initiating a return.

8. Warranties and Disclaimers

8.1 Product Warranties

Products are covered by manufacturer warranties where applicable. We will assist with warranty claims but are not responsible for manufacturer warranty terms. All implied warranties required by the Consumer Protection Act remain in effect.

8.2 Quality Assurance

We maintain quality standards for all products sold. However, we do not guarantee that products will meet your specific requirements or expectations beyond their stated specifications.

8.3 Service Disclaimer

Our website and services are provided "as is" without warranties of any kind, except as required by law. We do not warrant that our services will be uninterrupted or error-free.

9. Limitation of Liability

9.1 General Limitations

To the maximum extent permitted by South African law, Ngongoni shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, goodwill, or other intangible losses.

9.2 Liability Cap

Our total liability to you for all claims arising from or related to the services shall not exceed the amount paid by you for the products or services giving rise to the claim, or ZAR 10,000, whichever is greater.

9.3 Consumer Protection Act

Nothing in these Terms limits or excludes any consumer rights granted by the Consumer Protection Act 68 of 2008 or other applicable South African consumer protection legislation.

10. Intellectual Property Rights

10.1 Ownership

All content on the Website, including text, graphics, logos, images, software, and trademarks, are owned by or licensed to Ngongoni and protected by South African and international copyright, trademark, and other intellectual property laws.

10.2 License to Use

We grant you a limited, non-exclusive, non-transferable license to access and use the Website for personal or business purposes related to purchasing our products. You may not reproduce, distribute, modify, or create derivative works without our written permission.

11. Data Protection and Privacy

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which complies with the Protection of Personal Information Act 4 of 2013 (POPIA).

By using our services, you consent to the collection and use of your information as described in our Privacy Policy.

12. Prohibited Uses

You agree not to use our services for any unlawful purpose or in any way that:

  • Violates any applicable South African or international law or regulation
  • Infringes upon intellectual property rights of others
  • Transmits harmful code, viruses, or malware
  • Attempts to gain unauthorized access to our systems
  • Interferes with the proper functioning of the Website
  • Engages in fraudulent activities or misrepresentation
  • Harasses, abuses, or threatens others
  • Collects or stores personal data of other users without consent

13. Indemnification

You agree to indemnify, defend, and hold harmless Ngongoni, its directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including legal fees, arising out of or in any way connected with your breach of these Terms or your use of our services.

14. Force Majeure

Ngongoni shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

15. Termination

15.1 Termination by Ngongoni

We reserve the right to suspend or terminate your access to our services at any time, with or without cause, with or without notice, for any reason including breach of these Terms.

15.2 Effect of Termination

Upon termination, your right to use our services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.

16. Dispute Resolution

16.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions.

16.2 Jurisdiction

The South African courts shall have exclusive jurisdiction over any disputes arising from these Terms or your use of our services.

16.3 Alternative Dispute Resolution

Before commencing legal proceedings, parties agree to attempt to resolve disputes through good faith negotiations. If negotiations fail, disputes may be referred to mediation or arbitration as agreed by both parties.

16.4 Consumer Tribunal

In accordance with the Consumer Protection Act, consumers have the right to refer complaints to the National Consumer Tribunal or the applicable Provincial Consumer Court.

17. Amendments to Terms

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Website with the updated "Last Updated" date. Your continued use of our services after changes are posted constitutes acceptance of the modified Terms.

Material changes will be communicated via email or prominent notice on our Website, as required by the Consumer Protection Act.

18. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable. If modification is not possible, the provision shall be severed, and the remaining provisions shall continue in full force and effect.

19. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published on the Website, constitute the entire agreement between you and Ngongoni concerning your use of our services and supersede all prior agreements and understandings.

20. Contact Information

For questions about these Terms of Service, please contact us:

Ngongoni (Pty) Ltd

Email: [email protected]

Phone: Available on our Contact Page

Website: www.ngongoni.com

By using Ngongoni's services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Last Updated: November 15, 2025