Terms & Conditions
The following is the terms of the agreement between Mlimi Farms (the "Company") and the "Purchaser" of goods or services ("the Products") through the website (the "Site"). Any sale of Products will not be processed unless these terms are read and accepted by the user.
The Purchaser agrees to the terms and conditions outlined in this Online Contract ("Contract") with respect to the Products and information provided by or through the Site.
This Contract constitutes the entire and only agreement between the Company and the Purchaser, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the Products and information provided by or through the Site, and the subject matter of this Contract.
The Purchaser acknowledges that he/she/it has read the terms and conditions and understands them to their full extent. The Purchaser further acknowledges that legal advice has been sought on any unclear understanding of the provisions and agrees to review this Contract prior to purchasing from the Site.
Stocks of all goods on offer are limited. The Company shall take all reasonable steps to ensure that should stock no longer be available, the offers thereof will be discontinued. However, should the Company be unable to comply with an order placed by the Purchaser at the advertised price due to stock having sold out, the Company will notify the Purchaser and the Purchaser will be entitled to a refund of the amount paid by the Purchaser for such Product.
Please note that although the Company endeavours to accurately describe and/or depict each product on the Site, some descriptions or photographs may be of a generic nature and not specific to the particular Product. However, should the Purchaser be dissatisfied with the product, in accordance with section 16 of the Consumer Protection Act 68 of 2008 ("CPA"), the Purchaser received for any reason, the Purchaser will be entitled to return the Product to the Company for a full refund within 7 days of delivery. Please see our Refund Policy below in this regard.
AGREEMENT OF SALE
Placing a product in the shopping basket without completing the full purchase procedure does not:
constitute an agreement of sale; and/or constitute an order for such product;
As such, the Company may remove the Product/s from the shopping basket and the Purchaser may not hold the Company liable if the Product/s are not available when the purchase process is completed at a later stage.
An agreement of sale will only come into effect if and when:
- The Purchaser electronically submits a properly completed order for the Product in the shopping basket; and
- payment is either authorised, or received by the Company in its bank account.
Termination of sale
The Company reserves the right, for purposes of preventing suspected fraud, to refuse to accept or process payment on any order, and/or to cancel any sale concluded between the Purchaser and the Company, in whole or in part, on notice to the Purchaser. The Company shall only be liable to refund monies already paid by the Purchaser, and accepts no other liability which may arise as a result of such refusal to process any order.
The Electronic Communications and Transactions Act 25 of 2002 ("ECT Act") entitles the Purchaser to cancel any sale concluded on the Site within 7 days after date of receipt of the goods and to obtain a full purchase price refund. The Purchaser may also cancel a sale where delivery is delayed beyond the stipulated delivery date/time frame, or where no date is specified, then 30 days from the order date.
AMOUNTS PAYABLE BY THE PURCHASER
The price of each Product is displayed with the Product listing. In the event of a sale or special offer, the discounted price is displayed.
Delivery is free within the area of Plettenberg Bay. Delivery charges to other areas might differ depending on a variety of factors, including Product type, price, and weight, as well as whether delivery is to be made within, or outside, the borders of South Africa.
Value Added Tax
Value added tax at the rate of 15% is charged on goods bought by South African residents. VAT is not payable on orders if both the billing and the shipping address are international.
Import duties may be payable by the Purchaser of Products in foreign countries. The Purchaser is responsible for determining whether any such import duties/levies are payable and, if so, the amount thereof.
The Company shall make reasonable efforts to accurately indicate prices and delivery charges. However, should Products be erroneously offered at incorrect prices and/or delivery charges, the Company will not be obliged to sell the Products at such incorrect prices and/or delivery charges, but shall refund monies paid by the Purchaser should the Purchaser not wish to proceed with the purchase at the correct price and/or delivery charge.
Payment for any Products ordered from the Company must be made to the Company's bank account in any one of the following ways:
- EFT Payments
- COD (Cash on Delivery)
At the time of placing the order, the transaction details are presented to the bank and payment is collected immediately. If bank's authorisation is not obtained, the order will be cancelled.
Delivery periods are only regarded as having commenced upon payment confirmation being received by the Company.
If Products with different delivery times are ordered together, the Product with the longest delivery time will determine the delivery time of all the Products in the order.
The Company makes every effort to ensure that the information supplied on the Site is accurate. Where delays and out of stock situations occur, every reasonable effort will be made to inform the Purchaser.
DEFECTS, RETURNS, REFUNDS AND GUARANTEES
Should the Purchaser not be satisfied with any Product purchased by him/her/it on the Site, by reason of a defect, incorrect choice of Product, or otherwise, the Purchaser may, under certain circumstances, be entitled to either be refunded or have the Product repaired or replaced, as the case may be.
A full record of every sale and related transaction between the Purchaser and the Company shall be maintained on the Site for a period of 12 months following the date of such sale or related transaction. The Purchaser shall thus only be able to view and print such record during such period, where after, the Purchaser shall be responsible for retaining their own record of the relevant sale or related transaction.
Save for the Company being liable to the Purchaser ‐
- under the CPA in relation to any Products sold by the Company to the Purchaser via the Site; and
- under sections 43(5) and 43(6) of the ECT Act in relation to the Company's payment systems not being sufficiently secure,
Neither the Company nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use the Site or the services or content provided from and through this Site. Furthermore, the Company makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Site are free from errors or omissions or that the service will be 100% uninterrupted and error free.
The service, content, and Products from or through the service are provided "as-is," "as available", and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The sole and entire maximum liability of the Company, for any reason, and the Purchaser's sole and exclusive remedy for any cause whatsoever, shall be limited to the amount paid by the Purchaser for the particular Products purchased. The Company and any of its affiliates, dealers or suppliers are not liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The limitations of damages set forth above are fundamental elements of the basis of the bargain between the Company and the Purchaser. This Site and Products would not be provided without such limitations.
Information, ideas and opinions expressed on this the Site should not be regarded as professional advice or the official opinion of the Company and the Purchaser is encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Site.
GOVERNING LAW AND JURISDICTION
This Site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and as such the Purchaser and the Company submit to the non-exclusive jurisdiction of the South African courts.
The Company shall take all reasonable steps to protect the Purchaser's personal information. 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 Purchaser may elect not to receive any communications from the Company and/or its partners / affiliates.
The Company may collect, maintain, save, compile and share any information collected from the Purchaser, subject to the following provisions:
The Company shall not disclose the Purchaser's personal information unless the Purchaser consents thereto; or through due legal process.
Any person that delivers or attempts to deliver any damaging code to this Site or attempts to gain unauthorised access to any page on this Site shall be prosecuted and civil damages shall be claimed in the event that the Company suffers any damage or loss.
The Purchaser agrees and warrants that their log-in name and password shall be used for their personal use only; and not be disclosed to any third party.
The Purchaser allows the Company to take all reasonable steps to ensure the integrity and security of the Site and back-office applications.
CHANGES TO AGREEMENT
The Company may, in its sole discretion, change these Terms and Conditions (T&C) or any part thereof at any time on notice to the Purchaser. It is the Purchaser's responsibility to ensure that they are satisfied with the amendments. Should the Purchaser not be satisfied with the amendments, they must refrain from placing any further orders on, or from using in any way, the Site.
etween the Purchaser and the Company - Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between the Purchaser and the Company on any matter provided for in, or arising out of these T&C, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa.
ADDRESS FOR NOTICES
The Company chooses as its address for all purposes under these T&C, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following address:
385 Roan Crescent
Corporate Park North
Old Pretoria Road
Randjespark Ext. 124
TERM AND TERMINATION OF THE AGREEMENT
These T&C shall commence from the date on which they are published on the Site and continue indefinitely, as amended by the Company from time to time (as described above), for so long as the Site exists and is operational, the Company being entitled to terminate these T&C and/or shut down the Site at any time, subject to still processing any orders then already placed and accepted by the Company.
COPYRIGHT & OTHER INTELLECTUAL PROPERTY RIGHTS
Any and all copyright subsisting in the Site, vest in the Company and all rights not expressly granted are reserved.
All the content, trademarks and data on this Site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to the Company and as such are protected from infringement by local and international legislation and treaties.
In relation to purchases from the Company
COOLING OFF PERIOD
Save for certain exceptional cases (as listed below), Section 44 of the ECT Act entitles you to cancel any sale concluded on this Website within 7 days after date of receipt of the goods and to obtain a full purchase price refund within 30 days thereafter, subject to being charged by the Company, for the return of the goods. You will thus be able to return certain products that you are not satisfied with for any reason within such 7 day period.
Section 42(2) of the ECT Act sets out all the exceptions to the aforesaid 'cooling-off right'. The exceptions include goods intended for everyday consumption and delivered to a Purchaser's home, residence or workplace; and Products which by reason of their nature cannot be returned.
If a Product purchased is not delivered within the agreed delivery period, or where no specific period was agreed, within 30 days after having purchased the Product, the ECT Act entitles you to cancel such sale on 7 days notice to the seller of such product.
Should a product purchased be unavailable, the Company must notify you and issue a full refund within 30 days after such notice.
EDITING, DELETING, AND MODIFICATION
The Company reserves the right in its sole discretion to edit or delete any information or content appearing on the Site and to remove any goods and services for sale. Upon notice published over the Service, Company may modify this Contract, or prices, and may discontinue or revise any or all aspects of the Site in its sole discretion and without prior notice. Modification of this Contract will be deemed effective upon publication on the Site with respect to transactions occurring after said publication.
RIGHT TO REFUSE
Company reserves the right in its sole discretion to refuse service at any time. Sale of any goods or services is subject to availability.
The Purchaser's rights which accrue as a result of this service are not transferable and are subject to any limits established by the Company or by the Purchaser's credit card company.
USE OF INFORMATION
Company reserves the right, and the Purchaser authorises the Company, to the use and assignment of all information regarding the Purchaser's use of the Site and all information provided by the Purchaser, subject to applicable law.
The Parties to this agreement agree that all legal proceedings arising out of or in connection with this Contract shall be brought solely in Gauteng, South Africa and the Purchaser expressly submits to the jurisdiction of said courts and the Purchaser consents to extra-territorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site or the Company is in conflict or inconsistent with this Contract, this Contract shall take precedence. Failure of the Company to enforce any provision of this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.
This Agreement represents the entire understanding between the Purchaser and the Company regarding your relationship to Online and supersedes any prior statements or representations.
IF YOU AGREE TO BE BOUND BY THE TERMS OF THIS ONLINE AGREEMENT, please click the "I Agree" button on the shopping cart.
If you do not agree to the terms of the Subscriber Agreement, please log off the system.
If you don't click on "I Agree" then you will not be able to purchase any goods or services.