Terms and Conditions

1. Definitions

1. “agreement” means these terms and conditions and all other documents that are incorporated herein by reference;

 2. “AMC” means AMC Classic (Proprietary) Limited, Registration Number 1969/014299/07, trading as AMC Cookware, of 4 Waterford Mews, Century City, Cape Town, 7441;

 3. “goods” means the products that AMC sells to the consumer in terms of this agreement;

 4. “you” or “consumer” means the person that enters into this agreement with AMC.

2. Application

This agreement applies to each transaction between AMC and a consumer.

3. Acceptance

1. The agreement contains the whole agreement between you and AMC.

2. No party will be bound by any other undertakings, representations, warranties, promises or similar acts.

4. Value of goods

The price quoted to you includes VAT at the prevailing rate.

5. Delivery policy

Subject to availability and receipt of payment, the estimated time to delivery will be three weeks and delivery will be confirmed by way of order number. The goods will be delivered to you at our cost by courier or via the postal service within South Africa and Namibia. Additional delivery costs my be applicable outside South Africa and Namibia.

6. Export restriction

The offering on this website is available to customers in South Africa and certain neighbouring states only.

7. Cancellation and termination by consumer

You may cancel the agreement within thirty (30) days of the date you concluded the agreement on payment of a cancellation penalty of ten (10) percent of the price of the goods, provided that the goods are unused and in their original packaging.

8. Warranties and returns

1. Different warranties apply to different goods.

2. All goods have at least a 6 month guarantee against defective material and workmanship.

3. Please refer to the warranty and return policy (“Lifetime Guarantee”) on the AMC website for details on the different warranties that will apply, included herein by reference.

9. Promotions

From time to time, AMC may, in its discretion, make available selected products on a promotional basis.

10. Ownership and risk

1. AMC does not insure the goods or any amount outstanding on this agreement.

2. All risk in the goods we sell to you will pass to you when you accept the goods when we deliver them to you.

3. The delivery of the goods will be at your risk and the carrier used to deliver the goods, will be deemed to be your agent.

4. This means that when AMC delivers the goods to the carrier and the carrier accepts it, it is deemed that the goods are delivered to you.

5. If there is a dispute about the delivery of the goods, you must prove that we did not deliver the goods to you.

6. Any delivery time and date that we indicate to you is an estimate only.  We will not be breaching the agreement if we cannot deliver on the estimated date and you may not cancel the agreement if we do not deliver on the estimated date.

11. Consultants

1. You acknowledge that you have been advised that the independent consultants that sell AMC’s goods may not:

1.1 accept or agree to accept on behalf of AMC any goods that you allege are defective or for any other reason.  AMC will not be responsible for any goods you hand to a consultant; or

1.2  accept any payments on behalf of AMC except for the initial deposit payable accordin.  AMC will not be responsible to you if you make any payments to a consultant in contravention of this rule.

12. Disclaimers

1. If AMC experiences strikes, differences with workmen, breakdowns of machinery, failure of usual sources of supply of materials, civil commotions, acts of Government or quasi government or legislation or any other contingencies beyond the control of AMC, AMC may delay or suspend delivery to you. 

2. Any claim by you will not excuse you from making payment that is due in terms of the agreement.

3. Any liability of AMC will only be applicable if you have fulfilled all obligations in terms of this agreement including payment of all amounts due.

4. Save as provided for by law and these terms, AMC will not be liable for any damages or losses suffered, including consequential and economic loss, as a result of your negligence or misuse of the goods or as a result of breach or negligence by AMC.

13. South African Law and Jurisdiction

1. South African law will govern this agreement, and the South African courts may decide any dispute about it.

2. You consent to the jurisdiction of the Magistrate’s Court for all actions or proceedings arising out of this agreement.

14. Domicilium

1. You choose the residential address entered during the check-out process as your domicilium citandi et executandi and to receive all notices arising out of this agreement.

2. AMC chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the address listed in section 1.2 above.

15. Customer privacy policy 

AMC shall take all reasonable steps to protect the personal information of customers. For the purpose of this clause, "personal information" shall be defined as detailed in the Protection of Personal Information Act of 2013 (POPI )Promotion of Access to Information Act 2 of 2000 (PAIA). 

AMC may need to provide, collect, use, store or process your Personal Information in order to meet its obligations to you in terms of this agreement and to provide you with services in the future. You hereby authorise such collection, use, storage and processing where the need arises.

AMC will only provide, collect, use, store or process your Personal Information in compliance with applicable legislation and in accordance with our Privacy Policy available on our website, the terms and conditions of which are included here by reference.

16. Payment options accepted

Payment may be made via Visa and MasterCard credit cards.

17. Credit card acquiring and security

Credit card transactions will be acquired for AMC via PayGate (Pty) Ltd who are the approved payment gateway for Nedbank South Africa. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website.
Users may go to paygate to view their security certificate and security policy. 

18. Customer details separate from card detail

Customer details will be stored by AMC separately from card details which are entered by the client on PayGate’s secure site.  For more detail on PayGate refer their website.

19. Merchant Outlet country and transaction currency

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa.  Transaction Currency is South African Rand (ZAR).

20. Cession

1. AMC may without notice cede and transfer any rights, titles, interests and obligations in terms of this agreement to a third party and you agree to be bound by such a cession.

2. You may not cede any rights or delegate any obligations in terms of this agreement to a third party without AMC’s written approval.

21. Severability

If a court finds that any part of this agreement is unenforceable or invalid or contrary to law, then that paragraph will be severed from the rest of the agreement and the rest of the agreement will be valid and binding.

22. General

1. If we allow you any leniency in complying with this agreement, it will not affect or substitute any of our rights against you.

2. Any changes to this agreement must be in writing and signed by AMC. 

AMC contact details

EMAIL:                            info@amcsa.co.za
TELEPHONE:                 086 1111 262 (AMC)
PHYSICAL ADDRESS:  4 Waterford Mews, Century City, Cape Town, South Africa
POSTAL ADDRESS:      PO Box 24200, Lansdowne, 7779, South Africa

Application Terms & Conditions

By downloading or using our AMC Cookware South Africa Consultant App, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the app. You’re not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages, or make derivative versions. The app itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to AMC Classic (Pty) Ltd (“AMC”).

AMC is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.

The AMC Cookware South Africa Consultant App stores and processes personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the AMC Cookware South Africa Consultant App won’t work properly or at all.

You should be aware that there are certain things that AMC will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but AMC cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.

If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.

Along the same lines, AMC cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, AMC cannot accept responsibility.

With respect to AMC’s responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. AMC accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.

At some point, we may wish to update the app. The requirements for the system (and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. AMC does not promise that it will always update the app so that it is relevant to you and/or works with the version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.

Changes to These Terms and Conditions

We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page. These changes are effective immediately after they are posted on this page.