TERMS AND CONDITIONS
- This website hosted at www.gourmetshop.co.za (“website”) is owned and operated by Gourmet Coffee Roasters (Pty) Ltd (registration number 2021/442789/07) (“Gourmet Coffee Roasters”, “we”, “us” and/or “our”). Any reference to website shall include our online store, unless provided otherwise or where the context indicates the contrary.
- By using our website you confirm that you have read, understand and agree to the terms and conditions as set out herein which shall constitute the agreement between yourself and Gourmet Coffee Roasters (“the agreement”). Hyperlinks contained in this document referencing to additional terms, conditions and policies shall be deemed to form part of this document and the agreement concluded between Gourmet Coffee Roasters and you.
- The terms and conditions as set out herein are binding upon, and enforceable against, every person that -
- Uses or accesses our website;
- Creates hyperlinks to our website;
- Purchases products from our website; and
- Registers a profile or account on our website;
(“user”, “you” and/or “your”).
- Gourmet Coffee Roasters offers this website, including all information, tools and services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein. All terms and conditions herein shall be incorporated into any agreement concluded between you and us as a result of your use of our website and a sale agreement or any other agreement to be concluded.
- Our online store is hosted on Shopify Inc, who provides us with the online e-commerce platform that allows us to sell our products and services to you.
- Subject to availability and receipt of payment, orders will be processed within 5 (five) days and delivery confirmed by way of automated e-mail which will include an order number. The order will be delivered by courier to the address indicated by the user.
- The abovementioned delivery periods are of an indicative nature only. However, should any order not be delivered within 30 (thirty) days of confirmation, the user will be entitled to cancel the order with no additional costs, and the user shall be refunded in full.
- Delivery need not be effected on the user personally in order for Gourmet Coffee Roasters to prove delivery of an order, but on any person at the provided delivery address who signed on behalf of the user.
- All prices of products on this website are excluding delivery costs. Delivery costs will be added separately when settling the order and may change from time to time and for each order.
- RETURNS AND REFUNDS
- Gourmet Coffee Roasters is committed to complying with applicable consumer law and will exchange or refund you subject to, and in accordance with, the provisions of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) and the Consumer Protection Act 68 of 2008 (“CPA”).
Returns in terms of ECTA
- In terms the ECTA, where applicable, you may cancel the transaction without reason or penalty within seven days of delivery, subject to the following:
- You are a natural person and you are the end user of the products purchased.
- The products are returned to us in its original packaging and have not been used or damaged.
- We will not refund you the shipping costs if the products have already been delivered or dispatched to you.
- You will be liable for the direct costs of returning the products to us, which include shipping, repacking and/or repackaging, where applicable.
- You need to notify us of that you intend to the return to the products within seven days of delivery at email@example.com.
Returns in terms of CPA
- In terms of the CPA, where applicable, goods are sold to you with an implied warranty of quality against defects for six months and will be useable and durable for a reasonable period of time, having regard to the use to which the products would normally be put and to all the surrounding circumstances. In the event of you receiving a product from us that is defective, please notify us as soon as possible at firstname.lastname@example.org. This right is available to you for a period of six months from date of delivery of the products to you.
- Note that a product will not be considered defective, and you will therefore not be entitled to claim a refund in terms of the above, where the defect or damage has been caused by, or is as a result of, inter alia, the following:
- Your negligence, failure to maintain, failure to care or incorrect use of the product;
- Where the product requires installation or operation by a professional and this has not happened;
- Where the product has been altered or used in a manner or in conjunction with another assembly or component which does not meet, or is in contravention of, the standard recommendations and/or requirements of the particular product; and
- Resulting from normal wear and tear.
- Note that you will not be entitled to return a product in terms of the above where you were expressly informed that the product offered was in a specific condition and you expressly accepted the products in that condition, such as used products.
- In the event of a claim in terms of the above, we shall replace or repair the product or refund you the purchase price and shipping costs paid by you.
Returns subject to inspection
- Note that any return, be it in terms of the ECTA, the CPA or otherwise, shall be subject to the product being tested and inspected by us, the supplier and/or manufacturer, as the case may be, prior to any replacement, repair or refund shall be made by us.
- If the report as a result of the above testing provides that the products were misused, damaged, tampered, were of good quality, were fit for the purpose, or any other circumstance which entitled us to refuse a replacement, repair or refund, then in such an event, subject to the relevant consumer laws, we will not replace, repair or refund you.
Payment of refund
- In the event of you exercising your right to a refund in terms of the ECTA or CPA as provided above, we shall refund you the purchase price paid within thirty days of the cancellation, less shipping costs and other direct costs incurred in returning the product to us (where allowed).
- In the event of you receiving the incorrect product, please notify us within 24 hours and we will replace the product with the correct product at no cost to you. Note that this provision is only applicable where the product you receive does not match the description of the product you ordered on our website.
- The following perishable and frozen goods cannot be returned:
- Goods which have been supplied and delivered to you in accordance with your order;
- Goods which are unsuitable to return due to hygienic reasons;
- Goods which have expired;
- Goods which by their nature would degrade or deteriorate post-delivery.
- AGREEMENT OF SALE AND TERMINATION
- When a user places an order with Gourmet Coffee Roasters it merely constitutes an offer to purchase and an agreement of sale has not yet been concluded. The offer is accepted by Gourmet Coffee Roasters (and an agreement of sale is concluded) only once Gourmet Coffee Roasters dispatches the user’s order. The notification sent to you confirming your order has been dispatched shall constitute our acceptance of your offer to purchase and at that moment, the sale agreement shall be concluded.
- Placing product in a shopping cart does not constitute an order and therefore Gourmet Coffee Roasters will not be held liable if the price or availability of the particular product changes during the checkout process.
- Gourmet Coffee Roasters reserves the right to cancel a user’s order at any point in time without providing reasons therefore, in which case Gourmet Coffee Roasters shall refund the user any money, if any, paid in respect of the relevant cancelled order.
- Gourmet Coffee Roasters utilises a secure online payment facility to process online payments and does not store your debit/credit card details.
- Gourmet Coffee Roasters accepts payment for products purchased from its online store by -
- Credit or debit card;
- Direct bank deposit; or
- Electronic funds transfer.
- All prices displayed on our website are inclusive of 15% VAT unless otherwise stated.
- While Gourmet Coffee Roasters takes all reasonable measures to ensure the prices as displayed on the website are accurate, Gourmet Coffee Roasters shall not be held liable, or obligated to perform, if an incorrect price has been displayed with any product on our website.
- Prices displayed on our website are exclusive of delivery costs. Delivery costs will be added separately when settling the order and may change from time to time and for each order.
What are cookies?
- Cookies are small pieces of data, usually in the form of a text file, that are sent to your device from our website. The purpose of the cookie is to help users of our website to navigate the website efficiently and perform certain tasks.
- Every time a user loads our website, the website sends cookies to their device. Every time the user returns to our website, the device retrieves the cookie and sends it to our website’s server.
Which cookies can be found on our website?
- We use different kinds of cookies on our website. Some cookies are sent to your device by our website and others are sent by third parties, such as advertisers. The different kinds of cookies are deleted from your device at different times. Some cookies are deleted from your device the moment you terminate the browsing session, some remain for a pre-set period of time and others remain until you delete them.
- We use the following kinds of cookies on our website:
Necessary cookies which are used by our website in order function.
Analytical cookies which enable us to analyse the amount of visitors on our website and traffic sources which helps us to improve the performance of our website.
Advertising cookies which are usually placed by third parties and are used to deliver relevant advertisements to you.
- LIMITATION OF LIABILTY AND INDEMNITY
- You expressly acknowledge and agree that your use of, or the inability to use, our website is entirely at your own risk and you assume all responsibility for any risk or loss which may result, directly or indirectly, as a result of your use of, or continued use of, or inability to use, our website or any of its content, irrespective of the cause of the loss.
- You agree that neither Gourmet Coffee Roasters, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers nor employees shall not be liable for any loss resulting from your use of, or inability to use, our website.
- Gourmet Coffee Roasters makes no representation or warranty, express or implied, and assumes no liability, as to the accuracy, completeness, operation, integrity, functionality and/or availability of the website or any content thereon.
- All representations or warranties of any kind are disclaimed and which includes, although not limited to, the website, the website’s availability, the content displayed on the website or the accuracy thereof, product availability and delivery timelines as well as the fitness of a particular product for a particular purpose.
- Gourmet Coffee Roasters endeavours to ensure that all information contained on this website is relevant, up to date and accurate, however, you are aware that Gourmet Coffee Roasters takes no responsibility for the accurateness of the information contained on this website and you are responsible to ensure the accuracy of any said information by verifying same on independent and trusted sources prior to acting thereon. You understand that you are using any information or products available on this website at your own risk.
- You agree to indemnify, defend and hold harmless Gourmet Coffee Roasters and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of our agreement, these terms and conditions and those referenced herein, or your violation of any law or the rights of a third-party.
- INTELLECTUAL PROPERTY RIGHTS
- You acknowledge and agrees that the copyrights, trademarks, service marks and all other intellectual property or other rights to any information distributed to or received by you, whether as a result of your use of our website or sent by to you by us, or on our behalf, by any means (including but not limited to by electronic communication or mobile phone), together with any advertising media, website or other material connected to our website, services and products, shall remain our sole and exclusive property and/or licensed by us.
- You agree that you will not be permitted or facilitate, and will take steps to prevent any sale, re-distribution, dissemination, re-publication or re-display of the information referred to above, however received, to any third party.
- FORCE MAJEURE
- Neither party shall be liable for any failure to fulfil its obligations under this agreement (except an obligation to pay money) if such failure is caused by any circumstances beyond its reasonable control, including flood, earthquakes, war (whether declared or not), terrorism, sabotage, cyber-attacks, revolution, invasion, insurrection, strike, lock-out or any other industrial action, riot, civil commotion, mob violence, blockade, embargo, boycott, exercise of military power, fire, explosion, quarantine, theft, acts or restraints of government including the imposition or restrictions of or embargos on imports or exports and/or services, and electricity failures or blackouts.
- Should either party be unable to fulfil a material part of its obligations under this agreement for a period in excess of 60 (sixty) days due to circumstances beyond its reasonable control, as recorded in clause 11.1 above, the other party may cancel this agreement forthwith by written notice.
- The terms and conditions as contained in this document, as well as those referenced herein, shall constitute the entire agreement between Gourmet Coffee Roasters and the user and shall govern your use of our website.
- No extension of time or waiver or relaxation of any of the provisions or terms of this agreement shall operate as an estoppel against any party in respect of its rights under this agreement, nor shall it operate so as to preclude such party thereafter from exercising its rights strictly in accordance with this agreement.
- We reserve the right to update and/or amend the terms and conditions contained in this document from time to time without any notice to you. Any changes are effective immediately upon posting to this Website and your continued use of our Website confirms your acceptance of the terms and conditions, as amended. Any new features or tools which are added to our Website shall also be subject to these terms and conditions.
- Any provision herein, or referenced herein, which is or may become illegal, invalid or unenforceable in any jurisdiction affected by this agreement shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall be treated pro non scripto and severable from the balance of the agreement, without invalidating the remaining provisions of the agreement or affecting the validity or enforceability of such provision in any other jurisdiction.
- The terms and conditions as set out and referenced herein and the agreement concluded between Gourmet Coffee Roasters and the user, as well as any dispute that may arising in connection herewith, shall be interpreted and governed in accordance with the laws of the Republic of South Africa.
- Gourmet Coffee Roasters chooses the following address as its domicilium et executandi for all purposes under the agreement and any sale agreement which may be concluded, whether in respect of court processes, notices or other documents and communication of whatsoever nature:
16B Pontac Close, Saxenburg Park, Kuilsriver, Western Cape, 7580, South Africa
- OUR DETAILS
- You are welcome to contact Gourmet Coffee Roasters with any queries you may have at email@example.com.
- Our further details are as follows:
Physical and registered address: 16 Pontac Close, Saxenburg Park, Kuilsriver, Western Cape, 7580, South Africa
Contact number: +27 21 905 0550
Website address: www.gourmetcoffeeroasters.co.za
E-mail address: firstname.lastname@example.org