Terms & Conditions

  1. Introduction

The website (https://www.wawa.co.za)  is owned and operated by WAWA BROTHERS (PTY) LTD, Reg Number 2018/382764/07 which has its registered office at 2342 DT Rampola Street, Zone 1 Mahwelereng, Mokopane, Limpopo, 0626.

The Company includes representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners and co-branders.

In its operation of the website, WAWA BROTHERS (PTY) LTD offers products for sale in its own right and on behalf of third party sellers.

When you place an order with WAWA BROTHERS (PTY) LTD, the products may be supplied to you by us or by a third party seller and the legal relationship of ‘buyer’ and ‘seller’ will be between you and the respective supplier.

Where the products are supplied by a third party, they have agreed to be bound by these terms and conditions of sale and any reference to ‘we’ ‘our’ or ‘us’ applies to that supplier.

In any event, these Terms and Conditions govern the supply of any product ordered by you on the website.

By ordering a product, you agree to be legally bound by these Terms and Conditions. 

  • “Customer” means individual who places an Order on the Site 
  • “You” means the Customer who places an Order on the Site
  • “Order” means the order submitted by you on the website to purchase a Product 
  • “Product(s)” means the supplier’s products to be sold to Customers via the website in accordance with this agreement 
  • “Account” means the account that you will need to register in order to submit an Order 
  • “Acknowledgement” means our confirmation of your Order (typically sent by email) 
  • “Business Day” means any day other than a Saturday, Sunday, bank holiday or public holiday in South Africa
  • “We” means WAWA BROTHERS (PTY) LTD
  • “Delivery Form” means anything that requires your signature to prove that you have received the goods. This can be a Tax Invoice, Delivery Note or a Waybill.

Registration on our Business Directory does not constitute an offer for business but an opportunity to do business with WAWA BROTHERS (PTY) LTD or visitors to the website.

Service Providers listed on our website will be given first preference when securing products and services to do business with WAWA BROTHERS (PTY) LTD and will be selected on merit and not necessarily first come first served basis.

Should a suitable candidate not be identified WAWA BROTHERS (PTY) LTD our database, we reserves the right to source externally and the decision will be final. 

2. Registration, Order and Cancellation

  1. When placing an order online, you must be over 18 years of age, possess a valid credit or debit card and register for an account on the website. Only payments with South African Bank Cards or Instant EFT via Payfast will be accepted on https://www.wawa.co.za
  2. Irrespective of any previous price you have seen or heard, once you select a Product that you wish to order, you will then be shown or told (on the website) the charges you must pay including value added tax (VAT), if applicable, and any applicable delivery charges.
  3. Unless otherwise stipulated on the website, all charges are in the currency then in force in South Africa. 
  4. You shall pay for the Product in full and any applicable delivery charges when placing the order by supplying us with your credit or debit card details. Alternatively, you may pay by any method that we have said is acceptable to us. In any event, we shall not be bound to accept the order before we have received the funds in full. 
  5. You undertake that all details you provide to us for the purpose of purchasing the Product from us will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of your payment details before providing you with the Product. 
  6. When you submit an Order, you agree that you do so subject to the prevailing Terms and Conditions. 
  7. We shall not be obliged to supply the Product to you until we have accepted your Order. We will send you an Acknowledgement with your Order reference number and details of the Product you have ordered.
  8. WAWA BROTHERS (PTY) LTD reserves the right to decline any order, for any reason (e.g. unavailability of supplies). In this case, we will promptly grant you a store credit or a full refund. 
  9. WAWA BROTHERS (PTY) LTD works closely with its suppliers to ensure that prices shown on the website are accurate. In the unlikely event that the price of your order changes before we accept your order, we will contact you and ask you to confirm that you wish to proceed at the amended price.

3. Delivery

  1. We know how important it is to you that you receive your product as soon as possible after purchasing it from WAWA BROTHERS (PTY) LTD. We aim to dispatch parcels within 2 weeks, from the date your payment has been received. 
  2. We will notify you if we are unable to meet our estimated delivery timeframe but, to the extent permitted by law, we shall not be liable for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
  3. Items will be delivered to the address you provided while placing an order. For special freight items the courier might contact you directly to agree on an appropriate delivery time. 
  4. If, for any reason, the courier cannot reach you at the agreed delivery time, we will provide you with the instructions to either collect the product(s) directly from a courier depot if possible (in case of regular parcels) or to re-arrange the delivery (in case of special freight).
  5. In these situations,  WAWA BROTHERS (PTY) LTD reserves the right to charge you for any additional costs incurred (e.g. delivery and storage) or to cancel the sale contract, in which case, we will fully refund you the net amount (i.e. the amount you paid minus delivery costs or storage costs). 
  6. Upon delivery, you will be asked to sign a delivery form, in which you confirm that the product was delivered in the correct condition (without obvious defects or damage). 
  7. All risk in the Product shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations under a Contract, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss or destruction of the Product. 
  8. You shall ensure that you are ready for safe receipt of the Product without undue delay and at any time reasonably specified by us. 
  9. If you are not available to take delivery or collection, we may leave a card giving you instructions on either re-delivery or collection from the courier. 
  10. If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the Product to you) accept delivery or collect the Product from the courier, then we may (without affecting any other right or remedy available to us) do either or both of the following: 
  • Charge you for our reasonable storage fee and other costs reasonably incurred by us; or
  • No longer make the Product available for delivery or collection and notify you that we are immediately cancelling the applicable Contract, in which case we will refund to you or your credit or debit card company as applicable any money already paid to us under the applicable Contract, less our 15 % administration charges (including for attempting to deliver and then returning the Product, and any storage fees).

It is your responsibility to ensure that the Products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the Products will meet your individual requirements. You acknowledge that the Products are standard and not made bespoke to fit any particular requirements that you may have.

4. Change of Mind

We want you to feel perfectly confident when shopping online at www.wawa.co.za 

  1. Therefore, we give you the option to return any unopened, unused item in its original packaging that you bought from us for any reason within 10 days of receiving the item. 
  2. Prior to returning your product, please either send an email to returns@wawa.co.za or call our customer care team on 082 609 3538. Our customer care team will provide you with all relevant guidelines to proceed with the return (e.g. delivery process).
  3. Please do not attempt to return any goods before speaking to our team; otherwise you may be responsible for any associated expenses if you do so.
  4. You may also be required to fill in a returns form provided by us in order to proceed with the returns process. Once we receive the items, we will fully refund you the amount you paid for the product(s) less the 15% admin fee, as well as inbound and outbound delivery costs.

5. Damaged or Faulty Returns

  1. In the unlikely event that your item arrives damaged or faulty, you have 10 working days to notify WAWA BROTHERS (PTY) LTD Please send an email to returns@wawa.co.za (after which one of our representatives will contact you), or directly call our customer care team on 082 609 3538. 
  2. You may be required to fill in a returns form and to send us images of the damaged product(s) for further assessment.
  3. Once assessed and approved by our team, you will be contacted to proceed with the returns process. WAWA BROTHERS (PTY) LTD will arrange a repair, replacement(if available) or give you a store credit for the full sale price. Please do not attempt to return the items before speaking to one of our specialists (you may be responsible for any associate expenses if you do so). 
  4. Please note that the following will void any warranty claims:
  • Misuse – where the product was not used for its intended purpose or used outside of the scope of listed technical specifications.
  • Visible damage – where the products are damaged after they have been received and WAWA BROTHERS (PTY) LTD was not notified thereof within 10 working days of receipt of products.
  • Modifications – where the product was amended, adjusted or tampered with in such a way that it is deemed as modified from the condition that it was originally supplied to you.
  • We will not refund or replace a product that the customer has bought and received where, in our reasonable opinion, the product has become of unacceptable quality due to fair wear and tear; misuse; failure to use in accordance with manufacturer’s instructions; using it in an abnormal way; or failure to take reasonable care.

6. Warranty Claims

  1. Our goods come with warranties that cannot be excluded under the Consumer Protection Act. You are entitled to a repair, replacement (if available) or a refund for a major failure. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. 
  2. The Consumer Protection Act is relevant with certain statutory conditions and warranties in our consumer contracts, which cannot be excluded, restricted or modified. These are in addition to any voluntary warranties offered by the manufacturer or supplier.
  3. Where there is a breach of such a warranty relating to goods or services, and the breach is in terms of the Consumer Protection Act, a “major” failure, the remedy will be limited to a refund, a replacement or repair of your preference. In all other cases, a breach of such warranty will give rise to a refund, replacement or repair at our preference.
  4. WAWA BROTHERS (PTY) LTD works closely with suppliers to ensure all products have appropriate warranties. WAWA BROTHERS (PTY) LTD products have a 1 year warranty from date of receipt of invoice. This warranty will cover you against faulty workmanship and/or material.
  5. Please email returns@wawa.co.za or call our Customer Care Team on 082 609 3538 to submit a warranty claim. You may be required to send us images of the damage to aid in our assessments. We will then finalise your warranty claim.
  6. Please do not attempt to return an item before speaking to one of our specialists (you may be responsible for any associated expenses).
  7. In the case of a valid warranty claim, WAWA BROTHERS (PTY) LTD will strive to repair the product. If that is not possible, the product will be replaced (if available). Should WAWA BROTHERS (PTY) LTD be unable to repair or replace the product, a credit/refund will be passed on to you for the value of the product on date of invoice. 
  8. We provide the following express warranties subject to the following Terms and Conditions: 
  • We will refund, give store credit or replace the product as the case may be in the circumstances and to the extent required under the Law if the product you receive does not match the sample or description, is substantially unfit for its disclosed purpose or is not of acceptable quality (as defined in the Law), is unsafe, or if the alleged issue with the product is such that a reasonable consumer aware of the issue would not have acquired the product 
  • Where a refund, a store credit or replacement is to be provided under the terms of this warranty, we may to the extent permitted under the Law, require the return of the product to us before refunding or replacing it. We will pay for, or reimburse you for, any delivery costs to return the original product to us 
  • Replacement products are subject to the same warranties as the original 
  • You must retain your proof of purchase for any manufacturer warranty claims 
  • Refunds will be issued by direct deposit (EFT), store credit in the form of a voucher code at our discretion.
  • WAWA  have to request a refund via Payfast if the money is still in the WAWA Payfast Account. WAWA will send a credit memo to the customer online, but the refund will happen offline.
  • If the money is already in the WAXWA Bank Account, WAXWA will do a direct EFT to the Customer Account. 
  • If you prefer a store credit, we can issue a store credit with the credit value – this will be in the form of a voucher or coupon code.

In order to obtain these remedies: 

  • You must notify us within 10 working days from date of invoice. In this context, a ‘reasonable time’ is from the time of supply until a time that it would be reasonable to expect the relevant failure to become apparent, considering the nature of goods.
  • In most cases, this will be 7 to 14 days, but in some circumstances may be longer. Please contact us at customercare@wawa.co.za or call our customer care team on 082 609 3538. 
  • Except if and to the extent the Law requires otherwise, replacement of products or refund and reimbursement of courier costs will not be made until the original product is received by us and your claim verified. 

We aim to process refunds and replacements within 15 days of receipt by us of the original product. 

We will not refund or replace a product where in our reasonable opinion the product has – following the sale to you:

  • Negligence – where the client or the installation electrician did not install the product as per standard installation procedures.
  • Misuse – where the product was not used for its intended purpose or used outside of the scope of listed technical specifications.
  • Visible damage – where the products are damaged after they have been received and WAWA BROTHERS (PTY) LTD was not notified thereof within 10 working days of receipt of products.
  • Modifications – where the product was amended, adjusted or tampered with in such a way that it is deemed as modified from the condition that it was originally supplied to you.
  • We will not refund or replace a product that the customer has bought and received where, in our reasonable opinion, the product has: become of unacceptable quality due to fair wear and tear; misuse; failure to use in accordance with manufacturer’s instructions; using it in an abnormal way; or failure to take reasonable care.

Where any law implies a warranty into this agreement, which may not be lawfully excluded, to the extent allowed by law, our liability for breach of the warranty will at our option be limited to: 

  • The replacement of the goods or the supply of equivalent goods 
  • The repair of the goods
  • Refund of the value of the goods as per original invoice 
  •  In case of return rejection you will cover return courier costs.

7. Vouchers

  1. You may use promotional vouchers and gift vouchers as payment for products on the website. To redeem vouchers to your account or check an existing credit, please visit My Account on the website. 
  2. We may email gift and promotional vouchers to you. We accept no liability for errors in the email address of the voucher recipient. 
  3. In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with a gift voucher purchase or redemption of that voucher on the website, we are entitled to close your account and/or require a different means of payment. 
  4. We assume no liability for the loss, theft or illegibility of gift or promotional vouchers.
  5. Conditions for the redemption of promotional vouchers
  6. Promotional vouchers are valid for the specified period only, and they can only be redeemed once and cannot be used in conjunction with other promotional vouchers. Individual products may be excluded from voucher promotions. 
  7. If you place an order for a product less than the value of the promotional voucher, no refund or residual credit will be returned to you. 
  8. The credit of a promotional voucher does not accrue interest nor does it have a cash value. 
  9. If the credit of a promotional voucher is insufficient for the order you wish to make, you may make up the difference through payment.
  10. Conditions for the redemption of gift vouchers
  11. You may purchase gift vouchers for use on the website by you or other Customers. These gift vouchers will be sent by email.
  12. Gift vouchers cannot be used to buy more gift vouchers.
  13. An order for a gift voucher can be cancelled by contacting WAWA at any time before the gift voucher has been redeemed. 
  14. A voucher is considered to have been redeemed if it is used as payment in placing an order. If the credit of a gift voucher is insufficient for the order you wish to make, you may make up the difference through payment. You may use as many gift vouchers as you wish in paying for an order, and gift vouchers may be used in conjunction with one promotional voucher per order.

8. Limitation of liability

This clause prevails over all other clauses and sets forth our entire Liability, and your sole and exclusive remedies, for: 

  1. the performance, non-performance, purported performance or delay in performance of these Terms and Conditions or a Contract or the Site (or any part of it or them); or
  2. otherwise in relation to these Terms and Conditions or the entering into or performance of these Terms and Conditions.

9. Security

Any person that delivers or attempts to deliver any damaging code to this Site or attempts to gain unauthorised access to any page on this Site shall be prosecuted and civil damages shall be claimed in the event that WAWA BROTHERS (PTY) LTD suffers any damages or loss. 

You agree and warrant that your login name and password shall: 

  • be used for your personal use only; and
  • not be disclosed to any third party. 

You allow WAWA BROTHERS (PTY) LTD to take all reasonable steps to ensure the integrity and security of the Site and back-office applications. 

WAWA BROTHERS (PTY) LTD uses the PayFast Online Portal for payments.

PayFast use Extended Validation SSL with bit encryption, the highest– level of encryption currently available. They use BIN/IIN validation to check for card-issuing bank locations and merchants can choose to enable/disable payments from certain countries. Payments and card details are automatically checked against large online databases of blacklisted details.

For more details you can visit the Payfast website www.payfast.co.za

10. Circumstances beyond our control (force majeure clause)

We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation any natural disaster and unavoidable incident, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation (“Event of Force Majeure”), regardless of whether the circumstances in question could have been foreseen. 

Either you or we may terminate a Contract forthwith by written notice to the other in the event that the Event of Force Majeure lasts for a period of two Business Days or more, in which event neither you nor we shall be liable to the other by reason of such termination (other than for the refund of a Product already paid for by you and not delivered). 

If we have contracted to provide identical or similar Products to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which contracts we will perform and to what extent.

11. Notices

Any notice under a Contract shall be in writing and may be served by personal delivery or by pre-paid registered letter or by email address to the relevant party at the address or email address of the relevant party last known to the other. 

Any notice given by post shall be deemed to have been served two Business Days after the same has been posted if the recipient address is in South Africa. Any notice given by email shall be deemed to have been served when the email has been proved to be received by the recipient’s server. In proving such service it shall be sufficient to prove that the letter or email was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or despatched or a delivery report received.

12. Governing law and jurisdiction

This Site is controlled and operated from the Republic of South Africa and therefore governed by South African law and, subject to the clause 17 of these Terms and Conditions, you and WAWA BROTHERS (PTY) LTD submit to the non-exclusive jurisdiction of the South African courts.

13. Disputes

Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and WAWA BROTHERS (PTY) LTD on any matter provided for in, or arising out of these Terms and Conditions, and not resolved through the Customer Relations Department of WAWA BROTHERS (PTY) LTD, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. The expedited arbitration rules may be downloaded from http://www.arbitration.co.za

14. DESIGNER WATER (ALKALINE MOKOPANE)

All returns to Designer water are at the purchase expense. Water filters. Testing instruments, health products and filtration products are not returnable when used. Bottled water has a zero return policy.

DISCLAIMER: The information on this website is intended for educational purposes only. No claims are made with respect to the treatment of any physically diseased condition and no attempt is ever made to dissuade individuals from seeking medical treatment for any condition.

In addition, our products are not intended to treat, cure, mitigate, diagnose or prevent any illness or disease Disclaimer And Accuracy Of Information.

15. Disclaimer

Save for WAWA BROTHERS (PTY) LTD being liable to you:

  • under the Consumer Protection Act 68 of 2008 (“CPA”) in relation to any products sold by WAWA BROTHERS (PTY) LTD  to you via the Site; and 
  • under sections 43(5) and 43(6) of the ECT Act in relation to WAWA BROTHERS (PTY) LTD payment systems not being sufficiently secure 

Neither WAWA BROTHERS (PTY) LTD nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Site or the services or content provided from and through this Site.

Furthermore, WAWA BROTHERS (PTY) LTD makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Site are free from errors or omissions or that the service will be 100% uninterrupted and error free. You are encouraged to report any possible malfunctions and errors to info@wawa.co.za 

Although the products sold via the Site may be under warranty, the Site itself is supplied on an “as is” basis and has not been compiled or supplied to meet your individual requirements.

It is your sole responsibility to satisfy yourself prior to accepting these Terms and Conditions that the service available from and through this Site will meet your individual requirements and be compatible with your hardware and/or software.

Information, ideas and opinions expressed on this Site should not be regarded as professional advice or the official opinion of WAWA BROTHERS (PTY) LTD and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Site.

Share this: