Terms & Conditions
Acceptance of Terms
The Supplier permits the use of this Website subject to these terms and conditions ("the Terms and Conditions"). By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions. Your use of any accommodation offered by us will also be subject to applicable provisions of the Terms and Conditions. In the event of any conflict between the Terms and Conditions and any other conditions stipulated elsewhere, including in one of our The Suppliers, the Terms and Conditions as contained herein will prevail.
Use of the Website
The contents of this Website, including any content, information, software, icons, text, links, graphics, lay-outs, images, sound clips, trade names, logos, trademarks and service marks are protected by law, including but not limited to copyright and trade mark law, and are owned by or licensed to The Supplier. No license to or right in any of such contents is granted to or conferred upon you. Any unauthorized use, distribution or reproduction of the said contents is prohibited.
By entering this Website, you agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of the Website and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy the pages of the Website or the content contained herein, without the prior written consent from an authorized The Supplier representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website). You may not use the Website to distribute material which is defamatory, offensive, and unlawful or contains hate speech.
While The Supplier takes reasonable measures to ensure that the contents of this Website are accurate and complete, The Supplier makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of this Website or as to the accuracy, completeness or reliability of any information on this Website. The Supplier reserves the right to make changes, corrections and/or improvements to the information and to the products and programs described in such information, at any time without notice.
The Supplier will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserves the right to discontinue providing the Website or the service or any part thereof with or without notice to you. Any person who accesses this Website or relies on this Website or on the information contained in this Website does so at his or her own risk.
In addition to the disclaimers contained elsewhere in these Terms and Conditions, The Supplier also makes no warranty or representation, whether express or implied, that the information or files available on this Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise or jeopardise the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. The Supplier does not accept any responsibility for any errors or omissions on this Website.
The Supplier has a strong commitment to providing excellent service to all of our customers and visitors of this Website, including respecting concerns about privacy. The Supplier will explicitly ask when we need information that personally identifies you or allows us to contact you ("personal information"). Generally, this information is requested when making reservations; when requesting a particular service. You agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
The purposes for which The Supplier will use your personal information are as follows: to transact with you via the website or email regarding purchase and reservation, to provide services to you via our website; to inform you of new features, services, special offers and products (provided you have consented to receiving such marketing material); to enable us to process, validate and verify reservations and requests for services and for the purposes for which you specifically provided the information; to improve your experience on our website.
The Supplier shall be entitled to disclose personal information if required to do so (a) to comply with applicable law or with legal process served on The Supplier; (b) to protect and defend the rights or property of The Supplier, and (c) for the purposes of distributing same to various employees and/or third parties who assist The Supplier in providing services to you and thus need to know your personal information in order to render a proper and efficient service to you. We will ensure that all such employees and/or third-party service providers having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to your personal information.
WHILST THE SUPPLIER IS OF INTENT TO TAKE REASONABLE MEASURES TO KEEP PERSONAL INFORMATION ABOUT YOU CONFIDENTIAL, IT SHALL HOWEVER NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION.
The Supplier will:
- treat your personal information as strictly confidential;
- take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
- promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
- provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable request; and
- upon your request, promptly return or destroy any and all of your personal information in our possession or control.
We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
Linked Third-Party Website and Third-Party Content
This Website may contain links or references to other websites outside of our control, including those of advertisers. These Terms and Conditions do not apply to those websites and The Supplier is not responsible for the practices and/or privacy policies of those sites or the cookies those sites use. In addition, because The Supplier has no control over such external sites and resources, you acknowledge and agree that The Supplier is not responsible for ensuring the availability of such external websites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. Your use of such other websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such other websites or your reliance on any information contained on those websites.
Permission for Hyperlinks, Deep Linking, Crawlers and Metatags
Nobody may establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise (collectively referred to as linking), to this Website or any subsidiary pages before receiving the prior written approval of an authorised representative of The Supplier, which may be withheld or granted subject to such conditions The Supplier may specify from time to time. Furthermore, this Website or any part hereof may not be "framed" or "deep linked" in any way whatsoever. This Website may from time to time contain message boards which allow users to comment on their experience at The Supplier. At times those comments may contain references to matters not related to The Supplier. Those references do not necessarily represent the views of The Supplier.
Limitation of Liability
THE SUPPLIER SHALL IN NO WAY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL INJURY, LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, ANY MATERIAL OR CONTENT CONTAINED IN THE WEBSITE OR ANY LINKED WEBSITE, OR ANY INABILITY TO USE THE WEBSITE, OR ANY UNLAWFUL ACTIVITY ON THE WEBSITE CAUSED BEYOND THE REASONABLE CONTROL OF THE SUPPLIER.
YOU HEREBY INDEMNIFY THE SUPPLIER AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE OR THE RECEIPT BY YOU OF AN ELECTRONIC MAIL FROM THE SUPPLIER OR ONE THAT PURPORTS TO EMANATE FROM THE SUPPLIER, UNLESS THE LOSS, CLAIM OR DAMAGE ARISES AS A RESULT OF THE GROSS NEGLIGENCE OF THE SUPPLIER.
Changes to these Terms and Conditions
The Supplier reserves the right to update and/or amend the Terms and Conditions from time to time and without any notice, and you are accordingly encouraged to check the Website regularly. Any such change will only apply to your use of this Website after the change is displayed on this Website. If you use this Website after such updated or amended Terms and Conditions have been displayed on this Website, you will be deemed to have accepted such updates or amendments.
The Supplier may in its sole discretion terminate, suspend and modify this Website and/or your use of this Website, with or without notice to you. You agree that The Supplier will not be liable to you in the event that it chooses to suspend, modify or terminate this Website or your use of this Website.
The Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa and application for any of the services offered on these pages or sites will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of the terms and conditions pertaining to such services.
The Supplier delivers free of charge within South Africa, either door-to-door or door-to-counter, depending on where you’re located. If you reside outside of a main centre but would like door to door delivery – Please contact farm for delivery options.
During the purchase process, The Supplier will determine your delivery options based on your delivery address and postal code. For South African orders, irrespective of whether you select door to door delivery, or door to counter delivery, The Supplier will deliver within ___7___working days depending on where you live.
The Electronic Communications and Transactions Act 25 of 2002 ("ECT Act") entitles you to cancel your purchase with 7 days’ notice if the products you have purchased are not be delivered within the agreed delivery period as specified in the The Supplier terms and conditions. The product(s) in question must be returned to The Supplier in their original state, including all labels. Any such cancellation must be done by e-mail: email@example.com .The Supplier will then refund you within 30 days after date of such notification.
Should a product you have ordered be:
- temporarily unavailable, The Supplier will notify you thereof as well as the anticipated delay in delivery and, unless you agree to wait for such longer period for delivery or accept delivery of another product instead.
- permanently unavailable, The Supplier will notify you and, unless you agree to accept another product instead, The Supplier will issue a refund in respect of that product to you.
Non-defective products (your right to return due to cooling-off right)
Goods including purchases of made-to-order products, products likely to deteriorate, foodstuff, beverage and wine, goods for everyday consumption, goods that the price depends on fluctuation, unsealed audio or video recordings, newspapers, magazines, books and periodicals may not be retuned due to cooling-off right. You are entitled to return any other purchase not mentioned above concluded by The Supplier within 7 calendar days of the product(s) being delivered. In order to obtain a purchase price refund, the product(s) being returned must be sent back to The Supplier in accordance with the return procedure set out below.
Consequently, if upon receiving your purchase you are not satisfied with your choice of product(s) and wish to return it for a refund as aforesaid, please retain the product(s)’ original packaging and do not use product.
If the incorrect product is delivered to you by mistake (i.e. it is not the product you purchased), please do not remove the product from its original packaging or try the product on at all. Please promptly contact The Supplier to notify The Supplier thereof, so that we can resolve the mistake by arranging to collect such product from you and deliver the correct product to you as quickly as possible.
If, within 6 months after delivery of a product to you:
You find that the product(s) is defective/faulty, unsuitable for the purpose generally intended (or otherwise expressly indicated by The Supplier at time of purchase), or not legal or reasonably durable (based on the circumstances and product type) ("defective"); and –
you arrange to return such product to The Supplier for inspection in accordance with the return’s procedure in below, and the product is subsequently found to indeed be defective, you are entitled to either –
(a) be fully refunded, or (b) have the product repaired or replaced at The Supplier expense.
If the product is found NOT to be defective, you will NOT be entitled to any repair, replacement or refund but will instead be liable for the costs incurred in having such product returned to The Supplier and then redelivered to you.
When is a product defective? Please note: the following are examples of things which will NOT be regarded as defects and will NOT entitle you to any repair, replacement or refund under the general warranty above: faults resulting from normal wear and tear; damage arising from incorrect usage of the product, misuse and abuse and not following instructions of the product.
You may not under any circumstances return the following:
Non-defective products that have been "made to order". (You will be notified in the relevant Online Sale if the products are "made to order".)
For hygiene reasons, due to their nature.
Products that you or any other person has altered, repaired, incorporated or added to where such alteration, repair, incorporation or addition has not been authorised by The Supplier.
Return procedure to be followed
Contact the supplier by e-mail firstname.lastname@example.org and specify the following:
- the reason for the return;
- the date the product(s) was bought and the date the product(s) was delivered including a reference number or proof of purchase;
- the banking details for the refund (if applicable)
- Do not return the product without written approval of The Supplier.
- The supplier will either arrange collection of the return product(s) or give you instructions of how the product(s) must be returned.
- If the return is accepted by The Supplier as a valid return, any refunds (depending on the circumstances as explained above) will be made by EFT into the bank account selected by you.