Legal & Compliance – XTIAN

Last updated: 11/08/2025
Website: https://www.xtian.co.za

Table of Contents

  1. Terms & Conditions
  2. Privacy Policy – POPIA Compliant
  3. Customer Consent & Acknowledgement

1. Terms & Conditions

Effective Date: 01/08/2025

By accessing, browsing, or purchasing from the XTIAN website, you agree to comply with our Terms & Conditions, which cover:

  • Use of the website
  • Orders, payments, shipping, and returns
  • Account responsibilities
  • Intellectual property
  • Limitation of liability
  • Compliance with POPIA

Click here to read our full Terms & Conditions

2. Privacy Policy – POPIA Compliant

Effective Date: 01/08/2025

We are committed to protecting your personal information and processing it in accordance with the Protection of Personal Information Act (POPIA). This includes:

  • What personal information we collect
  • How and why we process it
  • Who we share it with
  • How long we retain it
  • Your rights under POPIA

Click here to read our full Privacy Policy

3. Customer Consent & Acknowledgement

Before placing an order or creating an account, you will be required to tick a checkbox confirming:

“I have read, understood, and agree to the XTIAN Terms & Conditions and Privacy Policy, and consent to the processing of my personal information in accordance with POPIA.”

This ensures legal compliance by obtaining active, informed consent before processing personal data.

Full Terms & Conditions

1.1. Acceptance of Terms

By accessing, browsing, or purchasing from XTIAN’s website, you agree to be bound by these Terms & Conditions, our Privacy Policy, and all applicable laws and regulations. If you do not agree, please discontinue use of our site.

1.2. Use of the Website

  • You must be 18 years or older or have the consent of a parent/guardian to use our site.
  • You agree not to use this website for any unlawful purpose or in any way that may harm XTIAN or other users.
  • You may not copy, distribute, or exploit any content on this site without prior written permission.

1.3. Products & Services

  • We make every effort to display product descriptions, prices, and availability accurately.
  • All prices are in South African Rand (ZAR) and include VAT unless stated otherwise.
  • We reserve the right to modify or discontinue products without prior notice.

1.4. Orders & Payment

  • Orders are confirmed only upon receipt of payment.
  • Payment is processed securely via approved payment gateways (e.g., PayFast, PayPal, Stripe).
  • We do not store full credit or debit card details.
  • We reserve the right to cancel an order if:
    • The product is unavailable.
    • There is a pricing or description error.
    • Payment is suspected of fraud.

1.5. Shipping & Delivery

  • Delivery times are estimates and may vary.
  • We are not liable for delays caused by couriers, strikes, weather, or other factors beyond our control.
  • Risk passes to you upon delivery.

1.6. Returns, Exchanges & Refunds

  • Returns are accepted within 7 days of receipt, provided items are unused, in original packaging, and accompanied by proof of purchase.
  • Certain items (e.g., digital downloads, personalised goods) are non-returnable.
  • Refunds will be processed via the original payment method.
  • You are responsible for return shipping costs unless the product is defective.

1.7. User Accounts

  • You are responsible for maintaining the confidentiality of your account details and password.
  • You agree to notify us immediately of any unauthorised use of your account.
  • We reserve the right to suspend or terminate accounts at our discretion.

1.8. Intellectual Property

  • All content, including text, images, logos, graphics, and software, is the property of XTIAN or its licensors.
  • You may not use, reproduce, or distribute our content without prior written consent.

1.9. Limitation of Liability

  • XTIAN will not be liable for any indirect, incidental, special, or consequential damages arising from the use of our website or products.
  • Our liability is limited to the value of the product purchased.

1.10. POPIA & Privacy

  • We process personal information in accordance with the Protection of Personal Information Act (POPIA) and our Privacy Policy.
  • By using our site, you consent to the processing of your personal information for order processing, communication, and service delivery.

1.11. Third-Party Links

  • Our site may contain links to third-party websites.
  • We are not responsible for the content, privacy practices, or terms of these external sites.

1.12. Warranties & Guarantees

  • Products are supplied with the manufacturer’s warranty, where applicable.
  • We make no additional warranties unless stated in writing.

1.13. Governing Law

  • These Terms are governed by the laws of the Republic of South Africa.
  • Any disputes will be subject to the jurisdiction of South African courts.

1.14. Amendments

  • We reserve the right to update or modify these Terms at any time.
  • Continued use of our site after changes are posted constitutes acceptance of the revised Terms.

 

Full Privacy Policy – POPIA Compliant

Effective Date: 01/08/2025
Website: https://www.xtian.co.za
Company Name: XTIAN
Contact Email: privacy@xtian.co.za
Contact Address: Odendaal Street, Meyerspark, Pretoria
Telephone: 0713875199

 

2.1. About us

This Privacy Policy explains how XTIAN (“we”, “our”, “us”) collects, processes, stores, and protects your personal information when you use our website, store, and services.
We are committed to complying with the Protection of Personal Information Act 4 of 2013 (POPIA) and all applicable privacy laws.

2.2. Definitions

  • “Personal Information” means information relating to an identifiable, living natural person, and where applicable, an identifiable juristic person, as defined by POPIA.
  • “Processing” means any operation or activity concerning personal information, including collection, storage, updating, sharing, and deletion.

2.3. What Personal Information We Collect

We may collect and process the following personal information:

a) Identification Information

  • Full name, contact number, email address, physical address, and company name (if applicable).

b) Account & Transaction Information

  • Purchase history, account credentials, order details.

c) Payment Information

  • Payment method details (processed securely by third-party payment processors; we do not store full card details).

d) Technical Information

  • IP address, browser type, operating system, device details, referring website.

e) Cookies & Tracking Information

  • Session cookies, preference cookies, analytics cookies.

We do not intentionally collect special personal information (e.g., race, religious beliefs, health status) unless legally required.

2.4. Purpose of Collection

Your personal information is collected for the following lawful purposes:

  • To perform our contractual obligations (e.g., processing orders, delivering products).
  • To comply with legal obligations (e.g., tax, record-keeping).
  • For legitimate business interests (e.g., fraud prevention, analytics, service improvement).
  • With your consent (e.g., sending newsletters or promotional offers).

2.5. Lawful Basis for Processing (POPIA Section 11)

We will process your personal information only when:

  1. You have consented to such processing.
  2. Processing is necessary to carry out actions for the conclusion or performance of a contract.
  3. Processing is required by law.
  4. Processing protects your legitimate interests.
  5. Processing is necessary for our legitimate interests or those of a third party, provided it does not override your rights.

2.6. Collection Methods

We collect personal information directly from you when you:

  • Register an account.
  • Place an order.
  • Subscribe to our newsletter.
  • Contact us via forms, email, or phone.
  • Use our website (cookies and analytics tracking).

We may also collect information indirectly from:

  • Payment processors.
  • Shipping partners.
  • Analytics tools.

2.7. Cookies

We use cookies to:

  • Maintain sessions and cart contents.
  • Store user preferences.
  • Analyse site traffic via Google Analytics and similar tools.

You may disable cookies in your browser settings, but certain site functions may not work properly.

2.8. Sharing of Personal Information

We may share your personal information with trusted third parties, including:

  • Payment gateways (PayFast, PayPal, Stripe).
  • Delivery companies (Courier Guy, etc.).
  • Analytics providers (Google Analytics).
  • Hosting and IT service providers.

All third parties are contractually bound to process your data only as instructed and to maintain confidentiality.

2.9. Cross-Border Transfers

Your personal information may be transferred outside South Africa (e.g., cloud hosting in the EU or US). We will ensure that any such transfers comply with Section 72 of POPIA, meaning that:

  • The country has adequate data protection laws; or
  • We have contractual agreements ensuring equivalent safeguards.

2.10. Retention of Personal Information

We keep personal information only for as long as necessary to fulfill the purposes outlined in this policy or as required by law:

  • Contact form data: 12 months.
  • Order and financial records: 5–10 years (as required by tax law).
  • Analytics data: 26 months.
  • Account data: until you request deletion.

2.11. Your POPIA Rights

Under POPIA, you have the right to:

  • Access the personal information we hold about you.
  • Request correction of inaccurate information.
  • Request deletion of your personal information (where applicable).
  • Withdraw consent to processing.
  • Object to the processing of personal information.
  • Lodge a complaint with the Information Regulator:

2.12. Security of Personal Information

We have implemented reasonable technical and organisational measures to secure your personal information, including:

  • SSL encryption across our site.
  • Secure password storage.
  • Access controls and staff confidentiality agreements.
  • Regular security updates and vulnerability monitoring.

2.13. Data Breach Notification

In the event of a data breach that compromises your personal information, we will:

  • Notify you and the Information Regulator as soon as reasonably possible.
  • Take immediate steps to mitigate the breach.

2.14. Children’s Privacy

Our services are not intended for individuals under the age of 18. We do not knowingly collect personal information from minors.

2.15. Changes to This Policy

We may update this policy from time to time. Updates will be posted on this page with a revised effective date.

2.16. Contact Us

For privacy-related concerns or to exercise your rights under POPIA, contact:

Data Protection Officer
Email: privacy@xtian.co.za
Phone: 0713875199
Postal Address: Odendaal Street, Meyerspark, Pretoria

Legal Note

This Legal & Compliance page forms a binding agreement between you and XTIAN. Continued use of our website constitutes acceptance of these terms.