1Introduction & Scope
This policy applies to companies, close corporations, sole proprietors trading as a business, non-profit organisations, schools, workplaces, and other groups or entities ("Business Customers") transacting on HmperCo, in addition to the Master Terms.
2Legal Framework
- Consumer Protection Act 68 of 2008 ("CPA") — section 5(2)–(6) excludes certain juristic persons from CPA protection based on asset value or annual turnover thresholds prescribed by the Minister from time to time; where a Business Customer falls below the applicable threshold, it retains full CPA protection as a "consumer".
- Companies Act 71 of 2008 — governs the registration, authority to contract, and representation of registered companies transacting as Business Customers.
- Value-Added Tax Act 89 of 1991 — governs VAT invoicing for Business Customers registered for VAT.
- Financial Intelligence Centre Act 38 of 2001 ("FICA") — informs HmperCo's verification of business identity and authorised representatives for larger transactions.
3Business Registration & Verification
3.1 Business registration requires the entity's registered name, registration number (where applicable), VAT number (where VAT-registered), trading address, and the details of at least one authorised representative.
3.2 HmperCo may request supporting documentation (for example, a CIPC registration document, letter of authority, or resolution) to verify the entity and the representative's authority to bind it, and may decline or delay activation of trading privileges (such as invoicing terms) until this is provided.
4Authorised Representatives & Users
A Business Account may nominate one or more authorised users who may place Orders on the entity's behalf. The entity is responsible for all Orders and communications from users it has authorised, and must promptly notify HmperCo to remove a user who is no longer authorised (for example, following termination of their employment).
5Procurement, Purchase Orders & Invoicing
5.1 Where agreed, Business Customers may submit purchase orders and be invoiced on payment terms disclosed at account activation, rather than paying at checkout.
5.2 Invoices must be settled within the agreed payment term; overdue invoices may result in the Account being placed on hold under clause 11.
6Business Pricing & Bulk Purchasing
Business Customers may qualify for volume-based pricing, subject to the minimum order quantities and terms set out in the Wholesale & Bulk Purchasing Terms, which apply in addition to this policy for bulk orders.
7VAT & Tax Information
Business Customers must ensure their VAT and billing information is accurate; HmperCo issues tax invoices in accordance with the VAT Act based on the information provided on the Business Account.
8Delivery, Returns & Warranties
Business Customer Orders are subject to the Delivery & Logistics Policy and the Returns Policy, save that, where a Business Customer falls above the CPA juristic-person threshold referred to in clause 2, certain CPA-specific consumer remedies may not apply and ordinary contractual/common-law warranty principles will govern instead.
9Liability
Clause 14 of the Master Terms applies to Business Customers, save that, to the extent CPA protections do not apply to a particular Business Customer under clause 2, HmperCo's liability may be further limited to the value of the relevant Order, excluding indirect or consequential loss, to the maximum extent permitted by law.
10Misuse & Fraud
Misuse of Business Account privileges (for example, unauthorised users placing Orders, or fraudulent invoicing claims) is handled under the Fraud, Abuse, Account Security & Responsible Disclosure Policy.
11Account Termination
HmperCo may suspend or terminate a Business Account for non-payment, breach of this policy, or breach of the Master Terms, with notice where reasonably possible.
12Disputes
Disputes are handled in accordance with the Complaints, Escalation & Dispute Resolution Policy.
13Contact Details
| Matter | Contact |
|---|---|
| Business account enquiries | info@hmperco.co.za |
| Registered address | 203 LaGuardia Building, Centurion, Gauteng, 0157 |
| Company registration no. / VAT no. | 2019/474625/07 / 4660313554 |