Terms And Conditions
Website Terms and Conditions of Use Relating to
These terms and conditions (“Terms and Conditions”) apply to the website that is owned by GARYS GROCER (Registration No. 2020/465031/07] (“Provider”) that may be accessed at the internet website with the address www.garys.co.za] (the “Website”) and includes any content or services which are included in or accessible from the Website
These Terms are binding on everyone who chooses to access, load or use and/or otherwise copy or distribute Content obtained on the website for marketing and other purposes without the consent of the Provider., and participate in any activity offered on the Website. By using this Website, the person accessing and/or using the Website (the “User”) agrees to be bound by and shall be regarded to have accepted to adhere to these Terms, and acknowledges to have read and understood them. If the User does not agree to the Terms, the User must not enter, view or make use of the Website.
The Provider reserves the right to and may occasionally make changes to these Terms by uploading the amended Terms on the Website. If the User continues to use this Website, after the changes have been made, this action shall represent the User’s agreement to the updated Terms.
The Website enables a User to shop online for an extensive range of items, and have them delivered door-to-door. All Users will be able to view the products on offer, but only those Users who have registered an account are able to purchase products on the Website.
By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. The User may not access, display, use, download, and/or otherwise copy or distribute Content obtained on the website for marketing and other purposes without the consent of the Provider.
PLACING AN ORDER
Only persons aged 18 years and over, who are legally entitled to do so, are permitted to place orders on the Website.
The Provider will not deliver goods to addresses outside South Africa.
By placing an order, the User represents and warrants that:
the User is legally capable of entering into binding contracts;
the User is at least 18 years of age; and
the User agrees to be bound by these Terms.
By doing so, the User accepts that the Provider will rely on the User’s representation that the User has unfettered legal capacity to contract and that the User is over 18 years of age.
Before proceeding to finalise an order, the User will be given an opportunity to review and, if required, correct the contents of the User’s order as well as any information or addresses provided. Upon finalising this process, notification thereof will be sent to the Provider and the User’s order will only be deemed to be accepted once the Provider has processed such order and sent the User a confirmatory email.
The products and prices displayed on the Website are only valid while stocks last.
The Provider will in no way be held liable to provide a product at an expired price or where the product concerned is no longer in stock or available.
The products described or graphically represented on the Website may differ in colour, shape, form, design, contents and appearance from the final product delivered.
Orders will only be shipped once the Provider has received payment of the full purchase price for the goods and all charges and costs relating to the products.
The Provider shall charge a non-refundable delivery fee. The delivery fee is dependent on the User’s delivery address and will be displayed during checkout.
Every reasonable effort is taken to ensure that the delivery costs displayed on the Website are correct at the time of purchase. However, if a delivery fee is incorrectly displayed, the Provider will not be obliged to deliver products at an incorrect delivery fee. The Provider shall only be liable to return payment already made by the User in the case they choose to cancel the sale once they have been made aware of the correct delivery fee.
The Provider will not deliver any products to postal addresses (such as Post Office box addresses).
Unless otherwise agreed or stipulated in the User’s order or on the Website, the User’s order will be delivered by the Provider or the courier company specified by the Provider , to the address provided by the User during the order process. In order to receive delivery of an order, the User must ensure that someone will be available at the delivery address between 8:00 and 17:00 on Business Days. (A Business Day is any day other than a Saturday, Sunday or official public holiday in the Republic of South Africa.) The User will be responsible for any additional fees that may be charged by the courier if no one was available to receive delivery of the order at the address specified by the User.
The User acknowledges that the Provider shall rely on the accuracy of the delivery address as provided by the User. The Provider does not verify the accuracy of any particulars of a delivery address provided by the User. The User shall check the accuracy of the delivery address every time when placing an order. The Provider shall not be liable for any costs, loss, damages or claims incurred by the User relating to an inaccurate or incorrect delivery address provided by the User.
The Provider will make an effort to ensure that delivery takes place within the time period specified on the Website in relation to the User’s order. However, the size and quantity of an order as well as the distance between the Provider and the delivery address provided, amongst other circumstances, may require a longer period for delivery. The User will be notified from time to time of any anticipated delays with delivery and, in such circumstances, the updated delivery time will substitute and take preference over the delivery time stipulated in the confirmatory email or reflected on the Providers invoice.
Ownership of products ordered will pass to the User upon the Provider receiving full payment for such products. Risk in respect of ordered products will pass to the User once they have been collected from the Providers premises by the relevant courier. However, orders are covered by the courier’s insurance, subject to the terms and conditions of such insurance. If products are lost or damaged in transit, the Provider will not be liable for such loss or damage. Despite this, the Provider may, in its sole discretion, choose to refund or replace lost or damaged products. However, such refund or replacement will not cause the provider to be liable for the loss or damage or create any obligations for the Provider in relation to the damage or loss.
CANCELLATION AND RETURNS
The User is responsible for inspecting ordered products upon arrival. If, upon delivery, it appears that a product has been opened and/or is clearly damaged, the User must bring this to the attention of the Provider by logging a return online. Upon inspection and subject to the Providers sole discretion, the Provider may repair or replace the product should the User request same.
The User is entitled to return an order within 7 (seven) days after receiving delivery thereof, provided that the product is in its original condition and any and all labels and swing tags remain intact and is not expired. The Provider will not accept any returns on perishable items.
In order to receive a refund, a User must log a return on the Website. Any product returned must be accompanied with the User’s proof of payment in respect of such product.
If a product is returned in terms with these Terms, The Provider will, following receipt and examination of such product, reimburse the User with the purchase price paid by the User for the product, excluding any applicable delivery costs and/or charges. The User will be responsible for the costs of returning the products to the Provider. The risk of loss of or damage to the products will remain with the User until they products have been received by the Provider. No provision stated in these Terms regarding the Providers cancellation and returns policy will affect or be interpreted to deny the User any of the User’s unalterable statutory rights, to the extent applicable. If and to the extent that the Consumer Protection Act, 2008 (CPA) applies, Users shall be entitled to return products that have material defects in accordance with the CPA’s provisions.
The price of any product will be the price quoted on the Website in respect of any particular product. All prices shall only apply during the validity period stated on the Website and shall only be valid once the order has been processed and confirmed by the Provider in accordance with the provisions hereof. If the price for a product no longer appears on the Website, such product shall no longer be available for purchase at that price.
All prices quoted on the Website are listed in South African Rands (ZAR) and will be inclusive of value added tax imposed in terms of the Value Added Tax Act, 1991 (VAT) and any other applicable taxes, but will exclude delivery charges.
Delivery charges, fees and other related costs will be quoted and added to the total amount owing during the order process and the User will be given an opportunity to review and, if necessary, edit the products to be purchased, the listed quantities of such products before proceeding to finalise the order.
Under no circumstances will the Provider be held liable to provide a product which is out of stock or at an outdated or expired price.
Price changes shall not affect a User who has already received a confirmatory email from the Provider pursuant to his order.
All errors and omissions are excepted.
Although every effort will be made to ensure that products are correctly priced on the Website, in the unlikely event that a product is incorrectly priced, the following provisions will apply:
·Where the incorrect price is lower than the correct price, the Provider will not be bound to sell the product concerned at such a price and a representative of the Provider will contact the User when the order is being processed in order to inform such User of the higher price to be paid for such product and will await instructions from the User as to whether the User still wishes to purchase the product concerned at the higher price or to cancel the order and receive a full refund.
·If the incorrect price is higher than the correct price, a representative from the Provider will advise the User of the lower price but will proceed to process and confirm such order.
Online Payment – Payfast Payment Gateway
Online payments are processed by the Payfast Payment Gateway. Payfast is a third party payment service provider and The Provider has no involvement in or control over the payment service provided by them. To the fullest extent permitted by law, the Provider shall not be liable to the User for any damage or loss suffered or incurred by the User relating to the actions or omissions of such service provider or through the use of their payment services.
Card Holders may go to to view Payfast’s security policies.
PRODUCT WARRANTIES AND LIABILITY
The Provider makes no warranties or representations in respect of products sold to Users unless the CPA applies. If the CPA does apply, the warranties are limited to those set out in the CPA and are subject to the CPA’s provisions.
To the fullest extent permitted by law, the Provider shall not be liable for any damages, injury, loss, cost, or expense suffered or incurred by Users as a result of products sold by the Provider.
To the extent permitted by law, the User indemnifies and holds the Provider, its officers, employees, agents and contractors harmless against all claims, liability, injury, losses, costs, expenses and penalties arising from or related to the products sold by the Provider or the use of such products.
By using this Website or communicating with the Provider by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.
E-COMMERSE AND PRIVACY
The Website (www.garys.co.za) sells [GROCERIES] online. The use of any product or service bought from this Website is at the purchaser’s risk. The purchaser/ user indemnifies and holds the Provider harmless against any loss, injury or damages which may be sustained as a result of using the products sold on the Website.
The private information required for executing the orders placed through the e-commerce facility, namely the User’s personal information and credit card details, delivery address and telephone numbers will be kept in the strictest confidence by the Provider and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the product. Credit card details are not kept by the Provider under any circumstances.
The Provider cannot be held responsible for security breaches occurring on the User’s electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.
The Provider will supply all goods to the delivery company in good order. The Provider will not be held liable for the condition of goods arriving at the User’s chosen delivery address.
COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
Provider provides certain information at the Website. Content currently or anticipated to be displayed at this Website is provided by Provider, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematographic Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“the Content”). All such proprietary works, and the compilation of the proprietary works, are copyright the Provider, its affiliates or subsidiary, or any other third party owner of such rights (“the Owners”), and is protected by South African and international copyright laws. The Providers reserve the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.
LIMITATION OF LIABILITY
The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither Provider nor any holding company, affiliate or subsidiary of Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if Provider is expressly advised thereof.
PRIVACY: CASUAL SURFING
The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. Provider uses this information to determine use of the Website, and to improve Content thereon. Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.
CHOICE OF LAW
This Website is controlled, operated and administered by Provider from its offices within the Republic of South Africa. Access to the Website from territories or countries where the Content or purchase of the products sold on the Website is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Witwatersrand High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.