Your order is an offer to buy from De Villiers Chocolate. There will be no contract of any kind between you and De Villiers Chocolate unless and until we accept your order, and in the case of goods to be delivered to you, when we debit your credit card. At any point up until then, we may decline to supply the goods or services to you without giving any reason. At the moment we accept your order or in the case of delivery of goods, when we debit your credit card, a contract will be made between you and De Villiers Chocolate. All goods ordered remain the property of De Villiers Chocolate until payment is received in full. Our total liability to you for non-delivery of purchased goods is limited to the purchase price of the products.
De Villiers Chocolate shall not be liable for any delay in delivering your product if that delay or failure is caused by circumstances beyond our control such as war, riot, civil commotion, malicious damage, compliance with any current or future law or governmental order, rule, regulation or direction, fire, flood, storm or other poor weather conditions, an Act of God, failure of ISP or telecommunications provider in connection with the performance of this Agreement.
De Villiers Chocolate reserves the right to modify the terms, conditions and notices contained on this website without notice to you. Your continued use of this website after any such change constitutes your agreement to such change. De Villiers Chocolate further reserves the right to change prices and other information on the website at any time without notice to you. The posting of prices and other terms of sale on this website shall not constitute a binding agreement and De Villiers Chocolate is not obliged to sell products on such terms.
All content, including without limitation, graphics, logos, text, images and other features, appearing on this website, and their associated copyrights, trademarks and other intellectual property are owned, controlled or licensed by De Villiers Chocolate. This content is protected by copyright separately and as a collective work or compilation under South African and international copyright laws and is the property of De Villiers Chocolate, its licensors, or the party credited as the provider of the content or other third-party owners of the content, as the case may be.
As the user of this website you may not copy, distribute, transmit, reproduce, publish, create derivative works or in any way use any of the content on this website without the prior written permission of De Villiers Chocolate. This prohibition includes without limitation the publication of any part of this content on any other website, selling or offering it for sale, or using it to create any kind of database.
This site is provided by De Villiers Chocolate on an “as is” basis. De Villiers Chocolate to the maximum extent permitted by applicable law makes no representations or warranties of any kind; express or implied, as to the operation of the site or the information, content, materials, or products included on this site. De Villiers Chocolate disclaims all warranties, express, statutory or implied, including without limitation implied warranties of merchantability and fitness for a particular purpose; warranties or conditions of workmanlike effort, accuracy, title, quiet enjoyment, no encumbrances, no liens and non-infringement; warranties or conditions arising in the course of dealing or usage of trade.
This Agreement comprises the entire agreement between you and De Villiers Chocolate and supersedes all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. This Agreement is personal to you and you may not transfer, assign, or delegate this Agreement to anyone without the express written permission of De Villiers Chocolate. Any attempt by you to assign, transfer, or delegate this Agreement without the express written permission of De Villiers Chocolate shall be null and void.
De Villiers Chocolate makes no representations or warranties whatsoever that access to this website will be uninterrupted or error-free or that any information, software or other material accessible on or through this website is free of viruses or other harmful components. Your use of the De Villiers Chocolate website is at your own risk and you assume full responsibility for all costs associated with all necessary servicing or repair of any equipment employed in connection with your use of this website.
De Villiers Chocolate will not be liable for any damages of any kind arising from the use of this site, including without limitation, direct, indirect, incidental, punitive or consequential damages. For your convenience, De Villiers Chocolate may include links to other sites on the internet that are owned or operated by third parties. When linking to such a site, you do so at your own risk. The inclusion of any link on the De Villiers Chocolate website does not imply that De Villiers Chocolate endorses the linked site.
TERMS AND CONDITIONS OF THE USE OF THIS WEBSITE
These Terms and Conditions (T&C’s) apply to all transactions and other related uses of this site. These T&C’s may be amended at any time, and will apply to all transactions on the effective date. Please read them carefully. By transacting on this site you confirm that you have read and understood the T&C’s.
These T&C’s will be governed by the laws of South Africa.
Headings and descriptions used in this agreement and on this website are for information and are not binding. Transactions on this site constitute the entire agreement between you and this company. Any failure by either party to exercise or enforce any provision or right does not imply a waiver of such provision or right. In the event that any provision of an agreement resulting from this website is ineffective or unenforceable, it/they will be replaced by a provision which achieves the same or a similar result and the rest of the agreement will continue to apply. No person that is not a direct party to this agreement shall have any rights under the Contracts (Rights of Third Parties) Act Of 1999, unless expressly stated otherwise.
2. By transacting on this website, you are confirming that you are 18 years or older.
3. Your order is an offer to acquire a right to buy and receive delivery of such products from us. It is your responsibility to ensure that such order is correct. Your request must comply with the minimum quantities as detailed on the website to qualify for the discount level applicable. On acceptance of your request and confirmation to our satisfaction of your payment (see below), your account will be credited with the right to receive delivery of products so ordered. You may then request delivery of products from your account as detailed on the relevant area of the website. Our contract of sale is effective on receipt of your request for delivery and our dispatch of your requested products.
4. Payment is in advance by the means stated on the website. The price for the rights and other relevant terms related to your order is as stated on the website at the time you confirm your order. You may then exercise your right to receive your goods by requesting delivery on terms detailed on the site.
5. As an individual consumer you may cancel your order within (7) days of placing it and paying for it. You must notify us at firstname.lastname@example.org or any other relevant method specified in the Distance Selling Regulations in which case we will cancel your rights flowing from that order and refund all money paid by the same method that such payment was made, within 14 days of cancellation.
6. Delivery in terms of the conditions detailed at the time of your order is free. Additional deliveries will be charged according to the details on the website, which additional costs must be paid before the conclusion of the sale and dispatch of the goods.
7. Should you have already received delivery of a part of a specific order, you shall have no right to cancel the balance of that order. ln the event that the rights to receive delivery are not exercised by requesting delivery within (3) years of the order being placed and confirmed, the rights will fall away without refund or compensation.
8. ln the event that we have already dispatched goods related to your valid cancellation, you must return the goods to our trading address as listed on the FAQ’s on the website at your own expense. In the event that we have to recover the relevant goods, we will charge you the direct costs of recovery, which we may offset from any relevant payment due or rights accruing from other orders in your account.
9. We will arrange delivery on terms relevant to your order to the address specified when the order was placed. You may specify a different delivery address at the time of your delivery request within a similar delivery zone. We will make every reasonable effort to arrange delivery within the time specified or, in the event of no specific time, a reasonable period. We are not liable for late delivery to the extent that this is due to circumstances beyond our control or the reasonable control of our service provider.
CONTRACT & RISK
10. There will be no binding contract of sale between us until we dispatch the goods to you in response to a delivery request on the website. Until then we may decline to supply the goods to you without giving a reason. Nothing else that may be communicated or said to you will amount to a contract of sale. If any goods are unavailable, we will notify you as soon as possible and either offer a mutually acceptable replacement or a full refund of the actual relevant price paid for the right related to that product.
11. Ownership of the goods will pass to you on dispatch. We will arrange delivery with a third-party courier and provide you with tracking details. An extra delivery charge may be payable if there is no one present to accept delivery and you haven’t provided a reasonable alternative.
12. Although ownership passes on dispatch, risk of damage or loss passes to you on delivery. ln the event of loss or damage after dispatch by any cause whatsoever, we will replace and deliver the goods within a reasonable time.
13. Nothing in this agreement limits our liability for anything which may not legally be excluded or limited. You must give us a reasonable opportunity to remedy any other matter for which we may be liable. We are not responsible for loss or damage where:
• there is no breach of legal duty of care by us or any of our employees or agents;
• such loss is not reasonably foreseeable by both parties, or is caused by you, for example, non-compliance; and
• such loss or damage is to a business.