TERMS AND CONDITIONS

The Miracle Drive Trust – shop.chabadsouthafrica.org

Effective Date: February 2026

 

1. Introduction

These Terms and Conditions (“Terms”) govern your access to and use of the online shop operated at shop.chabadsouthafrica.org (“the Website”) by The Miracle Drive Trust (Registration No. IT8635/02), a trust registered in the Republic of South Africa (“we”, “us”, or “our”).

By accessing the Website, placing an order, making a donation, or purchasing event tickets, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Website.

2. Definitions

“Consumer” means any natural or juristic person who purchases goods, event tickets, or makes donations through the Website.

“Goods” means any physical products listed for sale on the Website.

“Event Tickets” means tickets for events offered for purchase through the Website.

“Donation” means any voluntary monetary contribution made through the Website.

“ECTA” means the Electronic Communications and Transactions Act 25 of 2002.

“CPA” means the Consumer Protection Act 68 of 2008.

“POPIA” means the Protection of Personal Information Act 4 of 2013.

3. Company Information (Section 43 of ECTA)

In compliance with Section 43 of the Electronic Communications and Transactions Act 25 of 2002, the following information is provided:

Full Name: The Miracle Drive Trust

Registration Number: IT8635/02

Physical Address: 27 Aintree Avenue, Johannesburg, Gauteng, 2090, South Africa

Telephone: 011 440 6600

Email: rdm@chabad.org.za

Website: shop.chabadsouthafrica.org

4. Products, Donations and Event Tickets

4.1 Products

We sell physical products through the Website. All product descriptions and images are provided in good faith and are as accurate as reasonably possible. We reserve the right to amend product descriptions, prices, and availability without prior notice.

All prices are displayed in South African Rand (ZAR) and are inclusive of Value-Added Tax (VAT) where applicable, unless otherwise stated.

4.2 Donations

Donations made through the Website are voluntary contributions. Donations are non-refundable. A donation does not constitute the purchase of goods or services and does not give rise to any rights under the Consumer Protection Act 68 of 2008.

We will provide a receipt or acknowledgement of your donation where reasonably practicable. Tax deductibility of donations is subject to the provisions of the Income Tax Act 58 of 1962 and is the responsibility of the donor to confirm with their tax advisor.

4.3 Event Tickets

Event tickets purchased through the Website are non-refundable and non-transferable unless otherwise stated at the time of purchase.

In the event that an event is cancelled by us, a full refund of the ticket price will be issued to the original payment method. We will use reasonable efforts to notify ticket holders of any cancellation as soon as practicable.

We reserve the right to change event dates, venues, and programmes. Where material changes are made to an event, ticket holders may request a refund within a reasonable period of being notified of such changes.

5. Ordering and Payment

By placing an order on the Website, you make an offer to purchase the selected goods, event tickets, or to make a donation. We reserve the right to accept or decline any order at our discretion.

A binding agreement between you and us is formed only once we have confirmed your order by sending an order confirmation to the email address provided by you.

Payment is processed via PayGate. We accept major credit cards. All transactions are processed in South African Rand. We do not store your credit card details on our servers; all payment information is processed and stored by our payment gateway provider in accordance with the Payment Card Industry Data Security Standard (PCI DSS).

You warrant that you are the authorised holder of the credit card used for the transaction or that you have been duly authorised by the card holder to use the card for the purposes of the transaction.

6. Delivery

We deliver physical products within the Republic of South Africa. Delivery times are estimates only and are not guaranteed. We will use reasonable efforts to dispatch and deliver products within a reasonable time after receiving your order.

Risk in the goods passes to you upon delivery. We shall not be liable for any loss or damage to goods during transit, except to the extent required by law.

Delivery charges, if applicable, will be displayed at checkout before you confirm your order.

7. Returns, Exchanges and Cooling-Off Period

7.1 Consumer Protection Act Rights

In terms of Section 44 of the Consumer Protection Act 68 of 2008, you have the right to cancel an order for goods within seven (7) days of receiving the goods, without reason and without penalty (the “cooling-off period”). This right applies only to goods purchased through an electronic transaction as contemplated in the ECTA.

7.2 Return Conditions

To exercise your right to return goods:

•       The goods must be unused, in their original packaging, and in the same condition as when received.

•       You must notify us in writing (by email to rdm@chabad.org.za) within seven (7) days of delivery.

•       Return shipping costs are for your account.

•       A refund will be processed within fourteen (14) business days of our receipt and inspection of the returned goods.

7.3 Defective Goods

In terms of Section 56 of the CPA, if goods are defective, unsafe, or not of a quality reasonably expected, you are entitled to return them within six (6) months of delivery for a refund, repair, or replacement at our cost.

7.4 Non-returnable Items

The following are not eligible for return or refund:

•       Donations.

•       Event tickets (unless the event is cancelled by us, in which case Clause 4.3 applies).

•       Goods that have been used, damaged by the consumer, or are not in their original condition.

8. User Accounts

You may browse the Website and complete purchases as a guest, or you may create a user account. If you create an account, you are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

You must notify us immediately if you become aware of any unauthorised use of your account. We reserve the right to suspend or terminate accounts at our discretion if we reasonably believe that the account is being used in an unauthorised or unlawful manner.

9. Intellectual Property

All content on the Website, including but not limited to text, graphics, logos, images, and software, is the property of the Trust or its licensors and is protected by South African and international intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any content on the Website without our prior written consent.

10. Limitation of Liability

To the fullest extent permitted by South African law:

•       We make no warranties or representations, express or implied, regarding the Website, its content, or the goods and services offered.

•       Our total liability to you for any claim arising out of or in connection with your use of the Website or the purchase of goods shall not exceed the amount paid by you for the specific goods or services giving rise to the claim.

•       We shall not be liable for any indirect, consequential, special, or incidental loss or damage.

Nothing in these Terms is intended to limit or exclude any liability that cannot be limited or excluded under South African law, including but not limited to liability under the Consumer Protection Act 68 of 2008.

11. Force Majeure

We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from any cause beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, riots, government action, power failures, internet or telecommunications failures, or fire.

12. Privacy

Your personal information is processed in accordance with our Privacy Policy, which forms an integral part of these Terms. By using the Website, you consent to the collection, processing, and storage of your personal information as described in our Privacy Policy.

13. Electronic Communications

In terms of the ECTA, a data message (including email) is regarded as having been received by the addressee when the data message enters the designated information system of the addressee. You consent to receiving electronic communications from us for the purposes of these Terms, including order confirmations, delivery notifications, and account-related communications.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of the Republic of South Africa.

15. Amendments

We reserve the right to amend these Terms at any time. Amended Terms will be posted on the Website and will take effect from the date of posting. Your continued use of the Website after the posting of amended Terms constitutes your acceptance of such amendments.

16. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

17. Contact

If you have any questions or concerns regarding these Terms, please contact us at:

The Miracle Drive Trust

27 Aintree Avenue, Johannesburg, Gauteng, 2090, South Africa

Telephone: 011 440 6600

Email: rdm@chabad.org.za