SHIPPING & RETURNS

1. GENERAL

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1.1. These Terms and Conditions shall govern and regulate the ordering, buying, selling, delivering, and collecting of the Products as well as the usage of the Website. Every Customer is subject to these Terms and Conditions, including without limitation any Customer who registers as described below ("registered user"). You acknowledge that you have read and agree to be bound by these Terms and Conditions by using the Website and by registering, if appropriate. Except as expressly agreed by the Company in writing, the Company shall not be bound by any further conditions, whether proposed by the Customer or otherwise.

1.2. In the event of a dispute between the terms of the Sale Agreement and these Terms and Conditions, the Sale Agreement's terms shall govern and be a precedence and be duly implemented.

1.3. Any modification, cancellation, variation, waiver, or addition to this agreement must be expressly agreed in writing by the Company in order to have any validity or effect.

1.4. The Company shall not be in any way prejudiced by or prevented from exercising any of its rights in the future by any tolerance, leniency, or extension of time exhibited or provided to the Customer.

1.5. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

1.6. The headnotes to paragraphs hereof are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.

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2. REGISTRATION

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2.1. To register as a registered user on the Website, you must provide a unique username and password and provide certain information and personal details to the Company. You will need to use this unique username and password to log in to the Website.

2.2. You agree and warrant that your username and password shall:

2.2.1. be used for personal use only; and

2.2.2. not be disclosed by you to any third party.

2.3. For security purposes you agree to enter the correct username and password whenever ordering Products, failing which you will be denied access.

2.4. You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorized or fraudulent, you will be liable for payment of such Order.

2.5. You agree to notify the Company immediately upon becoming aware of or reasonably suspecting any unauthorized access to or use of your username and password and to take steps to mitigate any resultant loss or harm.

2.6. By using the Website you warrant that you are at least 18 (eighteen) years of age and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound by these Terms and Conditions and to be liable and responsible for you and all your obligations hereunder.

2.7. You agree that you will not in any way use any device, software, or other instruments to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, another automatic device, or manual process to monitor, copy, distribute, modify or otherwise tamper with the Website or the information contained therein, without the prior written consent from a person authorised on behalf of the Company (such consent is deemed to be given for standard search engine technology employed by internet search websites to direct internet users to the Website).

2.8. You may not use the Website to distribute material which is defamatory, offensive, which amounts to hate speech, or otherwise unlawful.

2.9. You may not in any way display, publish, copy, print, post, or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised representative of the Company.

 

3. PLACEMENT OF ORDERS AND AVAILABILITY OF PRODUCTS

 

3.1. The Company will use reasonable endeavours, but shall not be obliged, to accept Orders. The Company reserves the right not to accept an Order if it identifies any material errors relating to the description or price of the Products. Whether or not the Company accepts an Order depends, inter alia, on the availability of Products. The Company will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, either the indicative lead times for the availability of the Products for collection or delivery will be extended or offers of the Products will be discontinued. However, the Company cannot guarantee the availability of stock. When Products are no longer available after placing an Order, the Company will notify you and you will be entitled to a refund of any amounts paid by you for such Products. You may not hold the Company liable in the event that the Company rejects an Order.

3.2. Placing Products in a wishlist or shopping cart on the Website without completing the purchase cycle does not constitute an Order, and as such, Products may be removed from the shopping cart if stock is no longer available or the price thereof might change without notice to you. You may not hold the Company liable in the event that such Products are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle on the Website at a later stage.

3.3. You acknowledge that stock of all Products on offer is limited and that pricing on the Website may change at any time without notice to you. The Company furthermore reserves the right to change the specifications of the Products, from time to time, without notice to you and it is not bound by the specifications as they appear on the Website. Any changes in pricing and/or specifications will not apply in respect of Orders that have already been accepted by the Company.

3.4. You acknowledge that to the extent that the pricing of Products is dependent on fluctuations in financial markets, or where such Products constitute perishable goods which are likely to deteriorate or expire rapidly, then, without limitation, the cooling-off provisions provided for in the Electronic Communications and Transactions Act 25 of 2002 shall not apply.

 

4. PAYMENT

 

4.1. Subject to the provisions of clause 5.2 below, payment may be made for the Products by way of:

4.1.1. cash;

4.1.2. credit card; or

4.1.3. electronic fund transfer provided that where payment is made by way of a credit card, additional information may be required in order to authorise and/or verify the validity of the payment. In such cases, the Company is entitled to withhold delivery until such time as the additional information is received and authorization is obtained for the relevant amounts. If the Company does not receive such payment authorization, your Order will be canceled. You warrant that you are fully authorised to use the relevant credit card supplied for the purpose of paying for the Products. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website.

4.2. Save where a Customer has applied for and been granted a credit facility by the Company for the purchase of Products (“Credit Sales”), payment for Products must be made in full prior to collection or delivery.

4.3. In respect of Credit Sales:

4.3.1. without prejudice to the remedies of the Company, interest may be charged on any overdue amounts at:

4.3.1.1. the interest rate specified in the Sale Terms; or

4.3.1.2. if no interest rate is so specified, then Prime Rate plus 3% (three percent),

reckoned from the due date to the actual date of payment;

4.3.2. pending the final discharge of the purchase price of the Products:

4.3.2.1. ownership of the Products shall remain vested in the Company, notwithstanding delivery of the Products to the Customer; and

4.3.2.2. the Customer shall keep such Products free from attachment, hypothec, or other legal charge or process and shall notify the landlord of its premises from time to time in writing that the Products belong to the Company.

4.4. Unless otherwise agreed between the Parties in writing, the purchase price of the Products shall be quoted and provided for exclusive of Value Added Tax, and all or any Value Added Tax determined by the South African Revenue Services to be payable thereon shall be paid by the Customer to the Company against presentation of invoice.

4.5. The Company undertakes, in respect of payments made through the Website, to utilise a payment system that is sufficiently secure with reference to accepted technological standards.

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5. OWNERSHIP AND COPYRIGHT

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5.1. The contents of the Website, including any material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs, and service marks which are displayed on or incorporated in the Website (“Website Content”) are protected by law, including but not limited to copyright and trade-mark law. The Website Content is the property of the Company, its advertisers, and/or sponsors and/or is licensed to the Company.

5.2. You will not acquire any right, title, or interest in or to the Website or the Website Content.

5.3. Any use, distribution, or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law

5.4. Where any of the Website Content has been licensed to the Company or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.

 

6. DISCLAIMERS AND LIMITATION OF LIABILITY

 

6.1. The Company gives no warranty and makes no representation in respect of the Products save for the warranties and representations which are expressly provided for in these Terms and Conditions. Save as expressly provided in these Terms and Conditions, all conditions, warranties, or representations (express or implied) as to quality, fitness, performance, or otherwise in relation to the Products are excluded.

6.2. The Company shall not, in any event, be liable for any defect in the Products by reason of faulty production, quality of raw materials or otherwise or any delay or shortfall in the delivery of the Products, unless:

6.2.1. the Customer notifies the Company in writing in respect of:

6.2.1.1. any such shortfall at the time the Customer takes delivery of the Products; or

6.2.1.2. any such defect within 30 (thirty) days from the date of delivery of the Products to the Customer; and

6.2.2. the Customer establishes to the reasonable satisfaction of the Company that such defect in the Products or shortfall in delivery does not arise out of any breach by the Customer of the provisions of the Sale Agreement or any other act or omission on the part of the Customer or its employees, agents, and representatives.

6.3. If the Company is liable for any defect or shortfall in the Products, its liability shall be limited to:

6.3.1. supplying the Customer with similar replacement products in the reasonable discretion of the Company; or

6.3.2. refunding the Customer the price paid by the Customer for the Products in question.

6.4. Without limiting the provisions of clause 13.2 or 13.3 above, it is expressly recorded and agreed that the liability of the Company arising out of any defect in the Products shall not, under any circumstances, exceed the purchase price paid by the Customer for the Products in question.

6.5. Whilst the Company takes reasonable measures to ensure that the content of the Website is accurate and complete, the Company makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website.

6.6. In addition to the disclaimers contained elsewhere in these Terms and Conditions, the Company makes no warranty or representation, whether express or implied, that the information or files available on the Website are free from viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, disrupt, destroy, compromise, disable, harm, jeopardise, or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risks associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm, or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of the Company, its employees, agents, or authorised representatives.

6.7. The Company disclaims any liability for damage, loss, or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless arising out of the gross negligence or wilful misconduct of the Company, its employees, agents, or authorised representatives or as otherwise provided by law.

6.8. The Company cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of the Company, its employees, agents, or authorised representatives.

6.9. The Company shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from a Customer’s use of, or reliance upon, the Website or the content contained in the Website, or an inability to use the Website, and/or unlawful activity on the Website and/or any linked third party website.

6.10. Without limiting the generality of the foregoing provisions of this clause 13, should the Company, in its discretion, furnish any information to the Customer, including but not limited to technical information in relation to Products and/or manufacturing processes or industry-specific information, the Company will take reasonable measures to ensure that such information is accurate and complete, but gives no warranties and makes no representations, whether express or implied, as to the accuracy, completeness or reliability of any such information. The Company furthermore disclaims any liability for damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with the provision of such information, unless arising out of the gross negligence or wilful misconduct of the Company, its employees, agents, or authorised representatives or as otherwise provided by law.

6.11. Any views or statements made or expressed on the Website are not necessarily the views of the Company, its directors, employees, and/or agents.

6.12. In addition to any other remedies of the Company, the Company shall be entitled to suspend the fulfilment of any Sale Agreement at any time if any event or happening beyond the Company’s control arises, such as non or reduced availability of raw materials, strikes, lock-outs, fire or any act or event which interferes with or prevents the manufacture, production or delivery of the Products, including but not limited to events of force majeure, such as acts or omissions of any government, government agency, provincial or local authority or similar authority, any laws or regulations having the force of law, civil strife, riots, insurrection, sabotage, acts of war or public enemy, legal and illegal strikes, interruption of transport, lockouts, inability on the part of the Company to obtain the goods from suppliers or contemplated suppliers thereof as a result of force majeure of the nature contemplated in this clause, rationing of supplies, flood, storm, fire or (without limitation eiusdem generis) any other circumstances beyond the reasonable control of the Company. The Company shall furthermore be entitled to cancel the Sale Agreement if any of these events or happenings extend beyond 60 (sixty) days on written notice to the Customer to such effect.

 

7. CUSTOMER INDEMNITY

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7.1. The Customer hereby indemnifies and holds the Company and its directors, shareholders, employees, and consultants (collectively the “Indemnified Parties”) harmless to the fullest extent possible in law, against any claims (whether direct or indirect) of whatsoever nature or howsoever arising brought against an Indemnified Party, including, without limitation, any loss, liability (whether actual, contingent or otherwise), damage, costs and/or expenses incurred or suffered by an Indemnified Party, arising from or incidental to:

7.1.1. use of the Website or any third-party linked websites;

7.1.2. any breach of these Terms and Conditions by the Customer or its employees, agents, or representatives;

7.1.3. any breach or contravention of any law or regulation regulating the duties, functions, or obligations of the Customer in respect of the Products or the storage, manufacture, marketing, sale, or distribution thereof in the Territory;

7.1.4. the manufacture of the Products by the Customer and/or any breach by it of any warranty under paragraph 14.2 below as at the date hereof and at any time in the future; and/or

7.1.5. any other act or omission of the Customer, its employees, agents, or representatives.

7.2. Where the Customer undertakes any manufacturing process in respect of the Products it warrants and undertakes to and in favour of the Company that it:

7.2.1. is technically competent to manufacture the Products;

7.2.2. shall manufacture the Products using the raw ingredients and packaging supplied to it by the Company and strictly in accordance with the specifications furnished to it by the Company from time to time;

7.2.3. shall, in the manufacture of the Products, adhere to all reasonable and lawful directives and instructions of the Company from time to time; and

7.2.4. shall ensure that the Products manufactured by it shall be of high quality and shall comply with all applicable laws and regulations in the Territory.

7.3. The Customer, furthermore, hereby waives any claims (as contemplated in this clause 14) which it may have against any of the Indemnified Parties arising from or incidental to the manufacture of the Products by it as at the date hereof and at any time in the future.

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8. LINKING TO THIRD-PARTY WEBSITES

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8.1. The Website may contain links or references to other websites (“Third Party Websites”) which are outside of the Company’s control, including those of advertisers. The Company is not responsible for the practices and/or privacy policies of those third-party websites or the “cookies” that those sites may use.

8.2. Notwithstanding the fact that the Website may refer to or provide links to third-party websites, use of such third party websites is entirely at your own risk and the Company is not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such third party websites or your reliance on any information contained therein.

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9. AVAILABILITY AND TERMINATION

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9.1. The Company shall use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and is entitled to discontinue providing the Website or any part thereof with or without notice.

9.2. The Company may in its sole and absolute discretion terminate, suspend and modify the Website, with or without prior notice. You agree that the Company will not be liable to you in the event that it chooses to suspend, modify or terminate the Website other than for processing any Orders made by you prior to such time, to the extent possible.

9.3. If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an Order, this may (in the Company’s sole and absolute discretion with or without notice to you) result in a suspension and/or termination of your access to the Website, without prejudice to any claims for damages or otherwise which the Company may have.

9.4. The Company is entitled, for the purpose of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any Order, or and/or to cancel any Order concluded between you and the Company, in whole or in part, on notice to you. The Company shall only be liable to refund monies already paid by you and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any Order.