TERMS AND CONDITIONS

Website Terms and Conditions of Use Relating to www.africanculinary.co.za

These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of the African Culinary Library (A division of Freshyumm PTY LTD) (“Provider”) website located at the domain name www.africanculinary.co.za (“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.

Electronic Communications

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-Commerce & Privacy

The Website www.africanculinary.co.za sells various products, wines, food, information and courses 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.

Refund and Return Policy

The provision of goods and services is subject to availability. In cases of unavailability, the provider will refund the client in full within 30 days. Cancellation of orders by the client will attract a 10% charge for administration costs.

The Provider reserves the right to cancel an order for which payment has already been received.  This may occur if stock is insufficient or the quality of goods ordered does not meet the Provider’s standards.  Should the Provider exercise this right, the User will receive a full refund with no deductions.

Any complaints regarding the standard and quality of the product or products bought by consumers through the e-commerce facility should be directed to the Marketing Manager, nico@africanculinary.co.za

Updating of these Terms and Conditions

Provider reserves the rights to change, modify, add or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

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, Cinematograph 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.

1. Detailed description of goods and/or services
   African Culinary Library (A division of Freshyumm PTY LTD) is a business in the culinary industry that supplies information, education, food, products, advice and experiences surrounding African Culinary Experiences.
2. Delivery policy
   Subject to availability and receipt of payment, requests will be processed within 3 to 10 days and delivery confirmed by way by way of order reference number/tracking number.
3. Export restriction (Optional)
   The offering on this website is available to South African clients only.
   4. Return and Refunds policy
   The provision of goods and services by African Culinary Library (A division of Freshyumm PTY LTD) is subject to availability. In cases of unavailability, African Culinary Library will refund the client in full within 30 days. Cancellation of orders by the client will attract a 15 % administration fee.
   PLEASE SEE POINTS 13 to 14
   5. Customer Privacy policy
   African Culinary Library (A division of Freshyumm PTY LTD) shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from:
   http://www.polity.org.za/attachment.php?aa_id=3569 .
   6. Payment options accepted
   Payment may be made via Visa and MasterCard.
   7. Card acquiring and security
   Card transactions will be acquired for African Culinary Library via PayGate (Pty) Ltd who are the approved payment gateway for all South African
   Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the
   website. Users may go to www.paygate.co.za to view their security certificate and security policy.
   8. Customer details separate from card details
   Customer details will be stored by African Culinary Library (A division of Freshyumm PTY LTD)  separately from card details which are entered by the client on PayGate’s secure site. For
   more detail on PayGate refer to www.paygate.co.za.
   9. Merchant Outlet country and transaction currency
   The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is
   South African Rand (ZAR).
   10. Responsibility African Culinary Library (A division of Freshyumm PTY LTD)  takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
   11. Country of domicile
   This website is governed by the laws of South Africa and African Culinary Library (A division of Freshyumm PTY LTD)  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.
   12. Variation
   African Culinary Library (A division of Freshyumm PTY LTD)  may, in its sole discretion, change this agreement or any part thereof at any time without notice.
4. Refund Policy for Physical Products

Thanks for purchasing our products at www.africanculinary.co.za operated by Designs By Dee in collaboration with WooCommerce. In order to be eligible for a refund, you have to return the product within 30 calendar days of your purchase. The product must be in the same condition that you receive it and undamaged in any way. After we receive your item, our team of professionals will inspect it and process your refund. The money will be refunded to the original payment method you’ve used during the purchase. For credit card payments it may take 5 to 10 business days for a refund to show up on your credit card statement. If the product is damaged in any way, or you have initiated the return after 30 calendar days have passed, you will not be eligible for a refund.  If anything is unclear or you have more questions, feel free to contact our customer support team.

14. Refund Policy for Perishable Products

Thanks for purchasing our products at www.africanculinary.co.za operated by Designs By Dee in collaboration with WooCommerce. Due to the nature of our business and the products we sell, perishable items, including but not limited to grains, dry and liquid extracts, concentrates, hops and yeasts, are not eligible for refund. For any other items to be eligible for a refund, you have to return the item you have purchased to us within 7 calendar days of the purchase. The item must be unopened and in its original condition. Contact our customer services department to get a free shipping label. If our products arrived damaged, rotten or contaminated in any way, please contact us right away and we will be happy to send a free replacement regardless of its expiration date. If anything is unclear or you have more questions, feel free to contact our customer support team.