TERMS AND CONDITIONS
PLEASE READ THESE CONDITIONS OF USE CAREFULLY. BY PLACING AN ORDER USING THE WATERLELIEFONTEIN WEBSITE (“Website”), YOU ARE CONFIRMING YOUR ACCEPTANCE TO BE BOUND BY THE PROVISIONS TERMS OF THESE TERMS AND CONDITIONS.
COMMERCIAL AND TRADING TERMS
1. Terms and Conditions
These terms and conditions of use (“Conditions”) may be changed in the future without further notice. Your continued use of this Website after any such changes constitutes your acceptance of the new terms. Further, these Conditions apply exclusively to your access to, and use of, this Website and do not alter in any way the terms or conditions of any other agreement you may have with Waterleliefontein for products, services or otherwise.
2. Sale Transactions
2.1 By placing an item in a shopping basket without completing the purchase cycle does not:
2.1.1 constitute a sale agreement between Waterleliefontein (Pty) Ltd (“Waterleliefontein”) and the user and users cannot hold Waterleliefontein liable if such items are not available when the purchase cycle is completed later; and/or
2.1.2 constitute an order for such an item; and
2.1.3 Waterleliefontein may remove such an item from the shopping basket if no stock is available.
2.2 A sale agreement between Waterleliefontein and a user only comes into effect if and when:
2.2.1 a credit card authorisation is received from the issuing bank; or
2.2.2 a proof of payment is received by us which confirms that payment has been made in the correct amount by way of an electronic funds transfer payment (“EFT”) into the designated Waterleliefontein account.
2.3 Waterleliefontein reserves the right to refuse to accept and/or execute an order without giving any reasons. Waterleliefontein also reserves the right to cancel orders in whole or in part as circumstances dictate. Waterleliefontein shall only be liable to refund monies already paid by the user.
2.4 Waterleliefontein shall take all reasonable efforts to maintain correct prices. However, should errors occur and any item is offered at an incorrect price, Waterleliefontein will not be obliged to sell goods at such incorrect price and shall only be liable to refund monies paid.
3. Stock Availability
3.1 Our stock of Waterleliefontein extra virgin olive oil, on offer,is limited. Waterleliefontein shall take all reasonable efforts to discontinue the offer as soon as stock is no longer available. However, should items still be offered after stocks are sold, Waterleliefontein shall only be liable to refund monies where it is unable to fulfil orders at advertised prices.
3.2 Because of our limited stock, Waterleliefontein extra virgin olive oil is only available on this Website in batches of a minimum of 4 (four) litres (being 4 tins of 1 litre each)per order.
4.1 The price of Waterleliefontein extra virgin olive oil is as displayed on this website. In the event of a sale or special offer, the discounted price is displayed.
4.2 Prices are inclusive of VAT at the standard rate (14%), but exclusive of shipping costs.
5.1 If an order has been placed and processed as indicated above, delivery will be made to the address specified by you.
5.2 We will endeavour to procure delivery within 7 days of the date of your order but will not be liable for loss occasioned by delay in delivery arising out of any cause beyond our control.
5.3 All goods must be signed for on delivery.
6. Payment Methods
6.1 Credit card payments.
6.1.1 At the time of placing the order, the transaction details are presented to the bank and an authorization is obtained for the amount of the order.
6.1.2 Payment is only collected when the order is completed and the goods shipped.
6.2 Note that to protect its own and the interests of customers, Waterleliefontein scrutinizes all transactions very carefully to prevent attempted fraud and a transaction may be refused if Waterleliefontein is not satisfied with its legitimacy.
7. Restrictions On Sales
Waterleliefontein extra virgin olive oil is not shipped to addresses outside the borders of South Africa.
8. Domicilium citandi et executandi
Waterleliefontein chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature: 12th floor, 11 Buitengracht Street, Cape Town, 8001 (Mr J Neser)
9. Applicable Law
These Conditions pertaining to any products or services appearing on this Website or pages shall be governed and interpreted in accordance with the laws of the Republic of South Africa.
10. Records Of Transactions
Consumers can view or print a full record of the transaction that is maintained for a period of twelve months on the Waterleliefontein Website.
11. CANCELLATION & RETURNS
11.1 You have the right to cancel your order up to 5 working days after the day following the delivery of the goods by calling Waterleliefontein on +27 (0)825773199.
You can also cancel your order by e-mail firstname.lastname@example.org.
11.2 In the event that the goods have already been dispatched at the date of receipt of your cancellation of the order, you must return the goods to us and we will refund you with the price of the goods within 30 days, beginning with the day on which notice of cancellation was given.
11.3 If you do not return the goods or fail to make them available for collection within 30 days of your order, you will be deemed to have accepted the goods and will be charged for your order.
11.4 Should the oil be found faulty, please contact us within 5 days of receipt of your order.
11.5 Cancelled and/or returned orders are subject to the delivery charges. These charges must be paid by you. However, if the oil is found to be faulty in any respect, we will not expect you to pay the shipment charges.
12. Credit Card Refunds
Waterleliefontein processes refunds to the credit card used at the time of purchase upon receiving your returned shipment. Please allow 30 days for the refund to appear on your credit card statement. If you have made payment by any other means we will send you a cheque or will transfer the refund via EFT.
13. Website use terms
13.1 In using this Website, you agree:
13.1.1 not to disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers or networks connected to or accessible through the Website or affiliated or linked Web Websites;
13.1.2 not to disrupt or interfere with any other user’s enjoyment of the Website or affiliated or linked Web Websites;
13.1.3 not to upload, post or otherwise transmit through or on this Website any viruses or other harmful, disruptive or destructive files;
13.1.4 not to transmit through or on this Website spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings;
13.1.5 not to attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access;
13.2 In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable laws and regulations.
14.1 The headings of the clauses in these Conditionsare provided for convenience and ease of reference only and will not be used to interpret, modify or amplify the terms of these Conditions.
14.2 No failure or delay by Waterleliefontein to exercise any of its rights will be construed as a waiver of any such right, whether this is done expressly or implied, nor will it affect the validity of any part these Conditions or prejudice our right to take subsequent action against the user.
14.3 If any provision of these Conditions is held to be invalid, void or for any reason unenforceable, then that provision shall be deemed severable from these Conditions and shall not affect the validity and enforceability of any remaining provisions.
14.4 Waterleliefontein cannot screen or edit all the content available from the Waterleliefontein Website and does not accept any liability for illegal, defamatory or obscene content. Users are encouraged to inform Waterleliefontein of any content that may be offensive or illegal.
15. Privacy Statement
Waterleliefontein believes strongly in protecting user privacy. Therefore, we have put together and follow a policy that respects and addresses the user’s needs. Users of this Website should refer to our Privacy Statement for information about how Waterleliefontein uses and collects information.
16. Intellectual Property Rights
All the Intellectual Property Rightsherein includingcopyright, content, trademarks and data on this web Website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Waterleliefontein and as such are protected from infringement by local and international legislation and treaties.
17. Licenses And Website Access
17.1 Waterleliefontein grants you a limited license to make personal use only of the Website. Such grant does not include, without limitation: (a) any resale or commercial use of the Website or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Website and its contents; or (d) use of any data mining, robots or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Waterleliefontein or any third party.
17.2 You may not use, frame or utilize framing techniques to enclose any Waterleliefontein trademark, logo or other proprietary information (including the images found at this Website, the content of any text or the layout/design of any page or form contained on a page) without Waterleliefontein’s express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing a Waterleliefontein name, trademark or product name without Waterleliefontein’s express written consent.
18.1 You are granted a limited, nonexclusive right to create a hyperlink to this Website provided such link does not portray Waterleliefontein or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a Waterleliefontein logo or other proprietary graphic or trademark of Waterleliefontein to link to this Website without the express written permission of Waterleliefontein. This limited right may be revoked at any time.
18.2 Waterleliefontein makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Websites accessible by hyperlink from this Website, or Websites linking to this Website. The linked Websites are not under the control of Waterleliefontein and Waterleliefontein is not responsible for the content of any linked Website or any link contained in a linked Website, or any review, changes or updates to such Websites. Waterleliefontein is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Waterleliefontein of the Website or any information contained therein. When leaving the Waterleliefontein Website, you should be aware that Waterleliefontein’s terms and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that Website.
You remain solely liable for the Content of any messages or other information you upload or transmit to Waterleliefontein. You agree to indemnify and hold harmless Waterleliefontein from any claim, action, demand, loss or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these Conditions, or your violation of any rights of a third party.
You agree that all information, provided by you in the form of email or submissions to Waterleliefontein, or postings on this Website, are non-confidential and shall become the sole property of Waterleliefontein. Waterleliefontein shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to Waterleliefontein irrevocably waives any and all “moral rights” in such materials, including the rights of paternity and integrity.
21.1 Internet communications cannot be guaranteed to be secure or error-free. Neither Waterleliefontein nor the sender accepts liability for any errors or omissions in the contents of this message which arise as a result of e-mail transmission. If verification is required, please request a hard copy version. Also take notice that this e-mail can possibly contain viruses and that the recipient is responsible for checking and deleting viruses. In no event will Waterleliefontein or the sender be liable to anyone for any indirect, special, consequential or direct damages arising from this document and attachments or any use thereof.
22. Disclaimer Of Warranties
22.1 You further understand and agree that this website and the information, services, products and materials available through it are provided on an “as is” and “as available” basis. You agree that use of this website is at your sole risk.
22.2 You expressly agree that use of this website, including all content, data or software distributed by, downloaded or accessed from or through this website, is at your sole risk. You also understand and agree that you will be solely responsible for any damage to your business or your computer system or loss of data that results from the download of such content, data and/or software.
22.3 Waterleliefontein does not make any warranty that this website or its content will meet your requirements, or that the website or content will be uninterrupted, timely, secure or error-free, or that defects, if any, will be corrected. Waterleliefontein does not represent or warrant that materials in this website or information provided by Waterleliefontein via email or other means, are accurate, complete, reliable, current or error-free. nor does Waterleliefontein make any warranty as to the results that may be obtained from use of Waterleliefontein or its content or as to the accuracy, completeness or reliability of any information obtained through use of the website.
22.4 Waterleliefontein assumes no responsibility for any damages suffered by a user, including, but not limited to, loss of data from delays, non-deliveries of content or email, errors, system down time, mis-deliveries of content or email, network or system outages, file corruption or service interruptions caused by the negligence of Waterleliefontein, its affiliates, its licensors or a user’s own errors and/or omissions.
22.5 Waterleliefontein disclaims any warranty or representation that confidentiality of information transmitted through this web website will be maintained.
22.6 All the information appearing on this website is provided without a representation or warranty whatsoever, whether expressed or implied, and Waterleliefontein disclaims any liable to the user in this regard.
23. Limitation On Liability
23.1 Waterleliefontein has taken reasonable steps as far is possible, to ensure the accuracy and completeness of the content shown on this Website, to ensure that the user doesn’t suffer any loss or damages as a result of the use of this Website.
23.2 Waterleliefontein or any other party involved in creating, producing, transmitting, or distributing our products will not be liable for any indirect, incidental, special or consequential damages arising from or in connection with the use or inability to use this website, or resulting from unauthorized access to or alteration of your transmissions or data, or other information that is sent or received, including but not limited to damages for lost profits, use, data or other intangibles, even if Waterleliefontein has been advised of the possibility of such damages.
23.3 Our liability to you in connection with any order will not exceed the total price charged for the relevant items and the shipping costs.
Notwithstanding any of these Conditions, Waterleliefontein reserves the right, without notice and in its sole discretion, to terminate your license to use this Website, and to block or prevent future access to and use of this Website.
25. User’s Liability To Waterleliefontein
26. INFORMATION DISCLOSURE
The following information is disclosed in terms of section 43 of the Electronic Communications and Transactions Act (ECTA)
Full Name and Legal Status:
Waterleliefontein (Pty) Ltd
Registration Number: 2010/013166/ 07
Names of Office Bearers:
Members: Tessa Joan Neser; Johan Neser
VAT No: 4420257596
Place of Registration: Republic of South Africa
J Neser c/o 12th floor,
11 Buitengracht Street,
Cape Town 8001
PO Box 695 Cape Town 8000
Telephone Number: +27 (0)82 5773199
Website Address: www.waterleliefontein.co.za
E-mail Address: info@Waterleliefontein.co.za
Membership of Self-regulatory bodies to which Waterleliefontein CC belongs and the contact details of that body:
SA Olive Industry Association
258 Main Street, Paarl, Western Cape
PO Box 357, Paarl 7610
Tel: +27 (0)21 870 2900
Fax: +27 (0)21 870 2915
The Physical Address where Waterleliefontein (Pty) Ltd will receive legal service of documents:
J Neser c/o
12th floor, 11 Buitengracht Street