Welcome to BROWN’S BITES website at www.brownsbites.co.za. Please take a moment to read these online shopping terms and conditions including our policies to understand how they apply to your use of our Website and any products that you may order online. These terms apply to all purchases made online from the Website. Please read these terms carefully and ensure you understand them. Use of any aspect of the Website will constitute your agreement to comply with these terms.
1. AGREEMENT
1.1 Your use of this website, its services and programmes will be governed by these terms and conditions. These terms and conditions constitute an agreement between you and BROWN’S BITES.
1.2 BROWN’S BITES may amend these terms and conditions from time to time. By accessing the website you are bound to the terms and conditions published on the website at the time of any visit to and/or usage of the site.
1.3 A certificate signed by the administrator responsible for maintaining the website will be prima facie proof of the date of publication and content of the current version and all previous versions of the terms and conditions.
2. CORRECTNESS OF SUPPLIED INFORMATION
2.1 Because we deal with each other in a non-face-to-face environment, you hereby permit BROWN’S BITES and its online partners to rely on the fact that:
- 2.1.1 all your given details are true and correct;
- 2.1.2 you are legally capable of concluding any transaction on this site;
- 2.1.3 you have read, understood and accepted these terms and conditions.
2.2 BROWN’S BITES must be entitled to rely on instructions that appear to originate from you even if they come from someone else impersonating you and unless you notify us of any irregularities, to act on any instruction purporting to originate from you.
3. PRODUCT IMAGES AND PRICING
3.1 We have made every effort to display the Products on the website as accurately as possible, including:
- 3.1.1 the images that represent a visual depiction of the product
- 3.1.2 descriptions that pertain to the product
3.2 The actual product delivered may be subject to variations in appearance, as product packaging may differ over time. It remains the responsibility of the customer to ensure that the product ordered is correct, and the product description will always overrule any related images when resolving a dispute about a product.
3.3 All prices displayed on the Website are valid and effective only in the Republic of South Africa for the day that they are viewed. BROWN’S BITES reserves the right, without prior notice, to discontinue or change pricing or specifications of products and services offered on this Website without incurring any liability whatsoever.
3.4 You will be charged the prices that are reflected on the Website. The prices include Value Added Tax.
4. ORDERS
4.1 By submitting an order to buy products, you
- 4.1.1 represent and warrant that you are authorized to make payment and that there are sufficient funds available with a credit card if you are paying via this mechanism;
- 4.1.2 represent that, if paying via EFT, that you have followed the payment instructions provided;
4.2 In order to protect our interests as well as yours, we may scrutinize transactions to prevent fraud. A transaction may be refused if BROWN’S BITES is not satisfied that it is legitimate.
5. OBVIOUS ERRORS
5.1 We regret that no order will be accepted if we identify an inadvertent and obvious error in the prices of products or the description of any of our products or on the Website.
6. METHODS OF PAYMENT
6.1 The order will only be processed once we have received successful confirmation of payment. To avoid any late deliveries due to payments from different banks not reflected immediately, please e-mail/fax us the proof of payment.
7. CONFIRMATION OF ORDERS
7.1 Orders placed online constitute your offer to purchase subject to these terms. Your offer is deemed to have been accepted by us when you receive our confirmation of your order. Failure by us to formally confirm or notify acceptance shall not affect the validity of the sale or the enforceability thereof.
8. LOCAL DELIVERY
8.1 Location
We only deliver within the borders of the Cape Peninsula.
8.2 Delivery cost
We deliver free of charge within the Cape Peninsula for all orders exceeding R600 (VAT inclusive). All orders less than R600 must be collected. Products can be delivered to outlying areas via courier. The courier costs will be the responsibility of the receiving party.
8.3 Delivery time
Deliveries will only be made to the designated delivery address between 8am and 5pm on a Wednesday or a Thursday. Orders must be placed no later than the Monday of the same week. No deliveries will be made on weekends and public holidays.
8.4 Local Pickup
You will have the option to collect when concluding your purchases online.
8.5 Local Delivery/Collection of orders
Orders can be collected from the Wednesday, taken into account that the order was placed on latest the Monday of the same week. We will communicate with you informing you on the status of your order. Should it be unavoidable for us to exceed these delivery times, you will be notified either telephonically or electronically.
8.6 Change of delivery method
Please notify us via e-mail if you need to change the method of delivery. Please also indicate your order number on the e-mail.
8.7 General
On delivery of the order to the specified delivery address, you will receive our invoice showing the items delivered. For verification purposes, the person accepting delivery at the delivery address will be required to produce a form of identification. Any person other than yourself who receives the products at the delivery address is presumed to be authorised to accept delivery on your behalf. Should no-one be in attendance at the delivery address specified by you at the time of delivery, the driver will return the products and leave a notice at the delivery address to that effect. The courier company will attempt to contact you to make new arrangements for delivery. We reserve the right to charge an additional delivery fee should it be required under these circumstances. Our sole liability for failing to deliver the products timeously is limited to delivery being effected at a later agreed time at no additional charge. Please arrange that you or your authorized representative, who is a responsible person, is available to accept your purchases at the delivery address and that appropriate access will be made available. On delivery, we will require you or your authorized representative to sign your or their name on a duplicate copy of the invoice, to confirm receipt.
9. LOCAL PICKUP
9.1 You may place an order online and then collect it from our production facility. Orders can be collected between 1pm and 6pm on a Wednesday or a Thursday. Orders must be placed no later than the Monday of the same week. There will be no collections on weekends and public holidays.
9.2 To collect, place your order online as normal and select the “local pickup” option. Products may only be picked up upon presentation of a valid proof of identity and the purchase order, which can be printed once received via e-mail. Please ensure that the person you have named to pick-up the order shows one of the following forms of identification:
- 9.2.1 South African ID; or
- 9.2.2 South African driver’s licence; or
- 9.2.3 Passport
10. RETURNS
BROWN’S BITES has a strict no returns policy. Once the products have been collected BROWN’S BITES cannot held responsible for any returns.
11. CANCELLATION
If for any reason you would like to cancel an order, this may be done by contacting us at 021 913 4517 or sending us an e-mail at johanoos@telkomsa.net. You will only be able to cancel orders up to midnight on the day that the order was placed. We reserve the right not to refund the delivery in respect of any late cancellations. If you cancel your payment for any reason or if your payment method should cease to be valid for whatever reason, you will nevertheless be bound to pay to the full purchase price, including all costs incurred by us relating to the recovery thereof. Without prejudice to any other rights or remedies in law, we reserve the right to cancel forthwith any sale and/or your registration in the event of your breach any of the terms.
12. REFUNDS
12.1 Refunds will only be processed onto the payment method that was used when the order was created, and into the same account it was paid from e.g. credit card or EFT.
12.2 A refund can take up to 7 business days to reflect in your account, and EFT refunds are subject to verification of your banking details. Refunds will be done only in accordance with the cancellation rules.
13. RISK AND OWNERSHIP
13.1 Risk in the products shall pass to you by acceptance of the products by your authorized representative on delivery. We will retain ownership in the products until payment has been received in full.
14. TERMINATING REGISTRATION OR USE OF THE WEBSITE OR SERVICES
BROWN’S BITE’S may also in its sole discretion and at any time discontinue providing the site or the programmes and other services or any part thereof, with or without notice.
15. DISCLOSURE
Access to the services, content, software and content downloads available from the BROWN’S BITES website is classified as “electronic transactions” in terms of the Electronic Communications & Transactions Act 25 of 2002 (“ECT Act”) and therefore users have the rights detailed in Chapter 7 of the ECT Act and BROWN’S BITES has the duty to disclose the following information:-
- 15.1 The full name and legal status of the website owner:- BROWN’S BITES.
- 15.2 VAT registration number:- 4290262098
- 15.3 Street address:- 19 Nederburgh Street, Welgmoed, South Africa
- 15.4 Postal address:- P.O. Box 6044, Welgemoed, South Africa
- 15.5 Physical address for receipt of legal service: 19 Nederbugh Street, Welgemoed, Bellville
- 15.6 Main business: The manufacturing of confectionery
- 15.7 The website address of the BROWN’S BITES website is www.brownsbites.co.za
- 15.8 The official email address of the BROWN’S BITES website is johanoos@telkomsa.net.
- 15.9 Membership of self-regulatory or accreditation bodies: None.
- 15.10 Partners: Johan Oosthuizen & Marisa Oosthuizen
- 15.11 The costs associated with the access and use of the BROWN’S BITES website are as follows: Free
- 15.12 Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:
- 15.12.1 access to the BROWN’S BITES website;
- 15.12.2 the inability to access the BROWN’S BITES website;
- 15.12.3 the services and content available from the BROWN’S BITES website; or
- 15.12.4 these terms and conditions; shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Cape Town in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client.
- 15.13 Cooling off period: In terms of the operation of section 42(1)(d) of the ECT Act, the cooling off provisions of the ECT Act do not apply to this website; and
- 15.14 Users may lodge complaints concerning the BROWN’S BITES website through the “Contact Us” service provided on this website. Users hereby assign the copyright in such complaints to BROWN’S BITES and understand that BROWN’S BITES may use, disclose and publish such complaints and is furthermore under no legal duty to answer, resolve or address such complaints.
16. DISCLAIMER
16.1 All the information appearing on these pages is provided without any representation or warranty whatsoever, whether expressed or implied and no liability pertaining thereto will attach to BROWN’S BITES.
16.2 BROWN’S BITES accepts no liability whatsoever for any loss whether direct, indirect or consequential arising from information provided on these pages or any actions and/or transactions resulting therefrom.
16.3 BROWN’S BITES does not warrant that the functions provided with this website will be uninterrupted or error free or that the website or the server that makes it available is free from viruses or other harmful components.
16.4 BROWN’S BITES website is supplied on an “as is” basis and has not been compiled to meet the user’s individual requirements. It is the responsibility of the user to satisfy himself or herself, prior to entering into this agreement with BROWN’S BITES that the content available from and though BROWN’S BITES website meet the user’s individual requirements and is compatible with the user’s computer hardware and/or software.
16.5 Information, ideas and opinions expressed on the BROWN’S BITES website should not be regarded as professional advice or the official opinion of BROWN’S BITES and users are encouraged to see professional advice before taking any course of action related to the information, ideas or opinions expressed on the BROWN’S BITES website.
16.6 BROWN’S BITES does not make any warranties or representation that content and services available from the BROWN’S BITES website will in all cases be true, correct or free from any errors. BROWN’S BITES shall take all reasonable steps to ensure the quality and accuracy of content available from the BROWN’S BITES website and encourage users to report incorrect and untrue information subject to the right of BROWN’S BITES to rely on its free expression rights and determine, in its sole and absolute discretion, the contents of this website.
17. GOVERNING LAW
The terms and conditions pertaining to any services appearing on these pages or sites 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.
18. COPYRIGHT
18.1 BROWN’S BITES retains all copyright in all material including logos and other graphics that form part of this website and in and to its programmes. Any use of materials on this website not expressly authorised is strictly prohibited and constitutes unlawful infringement of the intellectual property rights of BROWN’S BITES.
18.2 BROWN’S BITES will not be held responsible for any mistakes, omissions, interruptions or delays with regard to the content or any damage resulting therefrom.
19. TERMINATION
BROWN’S BITES may in its sole discretion terminate your access to this website or exercise any other remedy available if it believes that your conduct is in breach with or inconsistent with these terms and conditions.
