MAMA SHWE SWHE (PTY) LTD Registration Number: 2025/764137/07
1. General
All orders placed with MAMA SHWE SWHE (PTY) LTD ("the Company", "we", "us", "our") are shipped using an independent third-party courier service, currently The Courier Guy ("the Courier"). By placing an order, the customer ("you", "your") agrees to the terms of this Shipping Policy.
2. Role of the Courier
2.1 The Courier is an independent contractor and is not an employee, agent, or representative of the Company.
2.2 Once an order has been handed over to the Courier and proof of collection/dispatch has been obtained, responsibility for the physical transportation of the goods rests with the Courier in accordance with the Courier's own terms and conditions, which are available at the Courier's website.
2.3 The Company is not able to control, and does not guarantee, the specific handling, transit times, or delivery practices of the Courier once goods have left the Company's possession.
3. Delivery Timeframes
3.1 Estimated delivery timeframes provided by the Company are based on information supplied by the Courier and are estimates only, not guaranteed delivery dates.
3.2 The Company shall not be held liable for any delay in delivery caused by the Courier, including but not limited to delays arising from weather, strikes, load-shedding, incorrect address information, customs processes, or any other circumstance beyond the Company's reasonable control.
4. Risk and Ownership
4.1 Risk in the goods passes to the customer upon collection of the goods by the Courier from the Company's premises or nominated dispatch point.
4.2 Ownership of the goods passes to the customer upon full payment being received by the Company, regardless of the date of physical delivery.
5. Loss, Damage, or Theft in Transit
5.1 In the unlikely event that goods are lost, stolen, or damaged while in transit with the Courier, the customer must notify the Company in writing within 48 hours of the expected delivery date, together with any supporting evidence (e.g. photographs, tracking information).
5.2 The Company will, as a goodwill measure and solely at its discretion, assist the customer in lodging a claim with the Courier. This assistance does not constitute an admission of liability by the Company.
5.3 The Company's liability, if any, for loss or damage occurring while goods are in the possession of the Courier is limited to the value declared for insurance/tracking purposes with the Courier at the time of dispatch, and only to the extent that the Courier compensates the Company for such claim. The Company shall not be liable for any loss, damage, or delay beyond what is recoverable from the Courier.
5.4 Nothing in this policy limits the customer's own right to pursue a claim directly against the Courier, where permitted.
6. Incorrect Address or Failed Delivery
6.1 It is the customer's responsibility to provide accurate and complete delivery details at the time of ordering.
6.2 The Company shall not be liable for non-delivery, misdelivery, or delay resulting from incorrect, incomplete, or outdated address or contact information supplied by the customer.
6.3 Should a parcel be returned to the Company due to a failed delivery attempt, incorrect address, or unclaimed status, the customer may be liable for any re-delivery costs charged by the Courier.
7. Shipping Costs
7.1 Shipping costs are calculated at checkout based on the delivery address and are payable by the customer, unless otherwise stated by the Company.
7.2 Shipping costs are non-refundable once an order has been dispatched, except where the Company is at fault.
8. Limitation of Liability
8.1 To the fullest extent permitted by the laws of the Republic of South Africa, the Company's total liability arising from or in connection with the shipping and delivery of goods (whether in contract, delict, or otherwise) shall not exceed the purchase price of the goods in question.
8.2 The Company shall not be liable for any indirect, incidental, or consequential loss or damage of any kind arising from delayed, lost, or damaged shipments.
8.3 This policy does not exclude or limit any right or remedy that cannot lawfully be excluded or limited under the Consumer Protection Act, 68 of 2008, or any other applicable South African legislation.
9. Changes to Courier Service Provider
The Company reserves the right to change its courier service provider at any time without prior notice, provided that the standard of service remains substantially similar.