ONLINE SHOPPING TERMS
Welcome to The Spice Emporium online shopping service. Please take a moment to read the following terms which will apply to the use of our website and the purchase of any products from us online.
“www.spiceemporium.co.za” (“Website”) is operated by Spice Emporium Pine Street (Pty) Ltd (“The Spice Emporium”), registration number 1973/004739/07, with registered office at 31 Monty Naicker Road, Durban, KwaZulu-Natal, 4001, Republic of South Africa, telephone +27 31 332 5888, and email email@example.com, which is the contracting party and at which physical address all transactions will be deemed to have occurred.
The complete terms under which The Spice Emporium will interact and transact with you via the Website are constituted exclusively by these terms read together with the FAQ page, product brochure and prices, and any other terms, features or tools reflecting on the Website at the time, but excluding and third party information accessible from the Website (“Terms”). By accessing or using any part of the Website or transacting with The Spice Emporium via the Website, you agree to be bound by these Terms.
The Terms may be updated, amended or replaced by The Spice Emporium from time to time by a posting on the Website. The update, amendment or replacement will be effective from the time of posting without prior notice. Please ensure that you review the Terms for possible changes before using the Website in future.
By accepting the Terms, you represent that you are at least 18 years of age and a major in your state or province of residence, and you have given legal assistance to any of your minor children to use the Website.
The Terms and the publication of the Website do not constitute an offer by The Spice Emporium to trade. The placing by you of a purchase order on The Spice Emporium via this website will constitute an offer by you to transact with The Spice Emporium subject to these Terms. The Spice Emporium reserves the right to refuse any such offer. This Website should therefore not be construed as a direct marketing activity as contemplated in section 16 of the Consumer Protection Act 68 / 2008 (Republic of South Africa), and consequently there is no “cooling off” period associated with any purchase of products made via the Website. Products purchased via the Website are also not unsolicited goods as contemplated in section 21 of the Consumer Protection Act 68 / 2008 (Republic of South Africa).
The Spice Emporium does not warrant that the Website will be permanently accessible, or that your use of it will be uninterrupted, timely, secure or error-free. You agree that your use of, or inability to use, the Website is at your own risk.
The Spice Emporium may remove the Website for indefinite periods or cancel the Website at any time, without notice. The Spice Emporium reserves the right of access to the Website and may terminate your access to the Website permanently at its discretion without cause.
The Website is an online platform from which you can place an electronic purchase order on The Spice Emporium for the purchase of certain products displayed on the Website at prices quoted on the Website.
The Website will prompt you to make an advance electronic payment to The Spice Emporium for the total purchase order. Once payment has been made via the Website you will receive an automated acknowledgment of receipt of your purchase order. The Spice Emporium will thereafter process, package and deliver your order to you. The Website will also prompt you to provide certain personal information online to enable The Spice Emporium to communicate and transact with you.
The Spice Emporium reserves the right to refuse or limit the quantities of any purchase order or to limit or refuse orders that, in its sole judgment, appear to be placed by dealers, resellers or distributors. In that event The Spice Emporium will attempt to notify you.
The Spice Emporium reserves the right to refuse or cancel purchase orders (including after you have submitted your purchase order) based on information published on the Website which is patently inaccurate for any reason.
Certain products may be subject to limited supply. The Spice Emporium does not warrant that all products displayed on the Website are in stock or are of sufficient quantity to meet every purchase order. In the unlikely event that The Spice Emporium cannot or does not accept your purchase order your payment will be immediately refunded to you.
The Spice Emporium may modify or discontinue a product (or any part or content thereof) without notice at any time.
The Spice Emporium makes every effort to display the colours and images of its products as accurately as possible, just as they would appear in reality, however it is not warranted that your computer monitor will display actual dimensions or colour accurately.
The Spice Emporium does not accept any liability to you or to any third party arising out of reliance being placed on product availability or product description or composition as stated on the Website outside of the immediate context and purpose of your purchase of the product.
The prices of the products displayed on the Website are quoted and payable in Rands. Prices are subject to change without notice, however the price applicable will be the price presented on the Website at the time of placing a purchase order via the Website.
The Spice Emporium does not accept any liability to you or to any third party arising out of reliance being placed on prices quoted on the Website outside of the immediate context and purpose of the placement of a purchase order.
The transaction with The Spice Emporium arising out of your purchase order is a cash sale. The Spice Emporium will require payment from you together with the placing of your purchase order by way of an online electronic payment. You will require to have a valid credit card, debit card or online banking profile registered in your own name in order to make a purchase.
Delivery of the products which you purchase via the Website will follow as soon as reasonably possible after the purchase order has been placed with The Spice Emporium. The purchase order is therefore not an advance booking as contemplated in section 17 of the Consumer Protection Act 68 / 2008 (Republic of South Africa).
Delivery of the products will take place at our actual store as soon as they have been processed and packaged for delivery. The transaction shall not be construed as one where timing of delivery is of the essence. You or your collection agent may collect the products from our store or via the Website you can select delivery to you by courier, in which case the courier will be deemed to be your collection agent. If you select courier collection via the Website, the delivery costs will be added to the price for the products. Regardless of the method, delivery will occur and ownership will transfer when the products are delivered to you, your collection agent or the courier at our store.
The Spice Emporium does not warrant that delivery to any country outside of the Republic of South Africa will be successful or that the products (especially food stuff) will be accepted into any foreign territory as is. It is the responsibility of foreign purchasers to satisfy themselves as to the import requirements and restrictions that apply to the products in their territory before placing a purchase order on The Spice Emporium.
The Spice Emporium will endeavour to assist foreign purchasers in this regard but the responsibility of obtaining current and accurate import information and compliance therewith shall remain with the purchaser.
The Spice Emporium endeavours to source and produce the most authentic materials and products of the highest quality and standards, and warrants (i) that they are suitable for their usual and ordinary purpose or otherwise for their use as illustrated in any packaging or instructions which might accompany the products; and (ii) that they will correspond in all material respects and characteristics with the description of the products published on the Website.
The Spice Emporium warranty does not exceed the warranty stated above, and nothing may be implied or construed to the contrary.
You are invited to examine any products displayed on the Website at The Spice Emporium’s actual store during its business hours before placing a purchase order or before taking delivery of ordered products.
If you are not completely satisfied with the products purchased via the Website or from its actual store, The Spice Emporium will accept the return of products subject to this returns policy.
An unwanted product may be returned or exchanged provided: (i) it is undamaged and unused, with original labels attached; (ii) it is in its original packaging, which must be undamaged and unopened; (iii) it is complete and not missing any accessories or parts; (iv) it is not a product which has been customised to your specifications; (v) it is not a voucher; (vi) you email your request to “firstname.lastname@example.org” within 10 business days of delivery and (vi) you bear the cost of return delivery. The Spice Emporium will replace the product or refund you with the purchase price of the product at its discretion.
If The Spice Emporium accidentally delivers the incorrect product it will collect the product from you at no charge and at your choosing. The Spice Emporium will deliver the correct product to you (if the correct product is available) or effect a refund / credit in your favour.
Should a product be defective, damaged or missing any parts or accessories at the time of delivery / collection, please notify The Spice Emporium within 24 hours of delivery by emailing “email@example.com”, and The Spice Emporium will collect the product from you at no charge. Provided the product is returned to The Spice Emporium within 6 months of delivery, The Spice Emporium will at your choosing repair or replace the product or refund you with the purchase price of the product.
Products will not be accepted by The Spice Emporium as defective which present: (i) faults from normal wear and tear; (ii) damage from abuse, negligent or incorrect use or inadequate care; (iii) damage from electrical surges; (iv) damage from atmospheric corrosion; (v) damage from unauthorised alterations to the product or (vi) damage from invasive inspections of the product.
Both unwanted or defective products may only be exchanged, repaired or refunded if you present to The Spice Emporium: (i) all accessories and parts that were sold with the product and (ii) proof of purchase of the product in the form of the official sales record provided to you by The Spice Emporium, legible in every respect.
Where you have used a voucher to purchase a product that you later return for a refund in accordance with this returns policy, The Spice Emporium will provide you with a refund in the form of a replacement voucher or an account credit.
If you return a defective product to us, but you fail to return all of the accessories and parts that were sold with that product, The Spice Emporium reserves the right (subject to applicable law) only to replace the item that you did return, or to estimate the value of the missing accessories and parts and only to credit or refund you in respect of the returned item.
If you return a product that does not comply with this returns policy, you may be liable to reimburse The Spice Emporium for the cost of collecting the product from you and the cost of having the product returned to you.
Accuracy of Billing and Account Information
You agree to provide current, complete and accurate personal information via the Website (including your email address, other contact information, delivery address details, and credit card number and expiration date) and to update such information should it have changed. The Spice Emporium will not be responsible for any delay or failure in its performance, or delivery to an incorrect address due to out of date personal information.
The Website may provide you with access to optional third-party tools. The Spice Emporium does not monitor or have any control over such tools. The Spice Emporium provides access to such tools “as is” and “as available” without any endorsement, warranty or representation of any kind. The Spice Emporium shall have no liability whatsoever arising from or relating to your use of optional third-party tools via the Website and your use thereof is entirely at your own risk.
Third-party links accessible via the Website may direct you to third-party websites. The Spice Emporium is not responsible for examining or evaluating the content or accuracy of third-party websites and we do not warrant any third-party information, materials or websites, or for any other materials, products, or services of third-parties.
The Spice Emporium is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
User Comments and Submissions
You agree that if you send submissions (including comments, creative ideas, suggestions, proposals, plans, recipes or other materials) to The Spice Emporium, whether solicited by The Spice Emporium or not, The Spice Emporium may, at any time, without prior consent freely exploit use, edit, copy, publish, distribute, sell, lease and otherwise use in any medium any such submissions. The Spice Emporium shall be under no obligation to maintain any such submissions in confidence; to pay compensation for any submissions; account for the use of any submissions or to respond to any submissions. The Spice Emporium may monitor, edit or remove submissions in its sole discretion, but shall have no obligation to do so.
You agree that your submissions will not infringe the rights of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your submissions will not contain unlawful, discriminatory, abusive or obscene material. You are solely responsible for any comments you make and their accuracy. The Spice Emporium shall not assume any liability for any submissions posted by you or any third-party.
You may not use the site or its content for any unlawful purpose; to solicit the performance of or participation in any unlawful acts; to contravene any laws; to infringe any intellectual property rights including those of The Spice Emporium; to harass, abuse, insult, harm, defame, intimidate, or discriminate; to submit false or misleading information; to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website, other websites, or the internet; to collect or track the personal information of others; to spam, phish, pharm, pretext, spider, crawl, or scrape; for any obscene or immoral purpose; or to interfere with or circumvent the security features of the Website or any other website, or the internet.
You irrevocably waive and abandon all claims (including but not limited to claims for personal injury, personal incapacity (temporary or permanent), loss of life, loss of information, loss of profit and / or damage to property) which you might have against The Spice Emporium, its directors, employees, representatives, agents, suppliers and/or subcontractors, whether in contract, delict, statute or otherwise for any special, general, direct, indirect or consequential losses or damages, which may come into existence, arising out of your use of the Website, reliance on any information published on accessed via the Website, any product purchase made via the Website , whether or not such claims are due to The Spice Emporium’s, its directors’, employees’, representatives’, agents’, suppliers’ and/or subcontractors’ negligence (failure to use such care as a reasonable prudent and careful specialist contractor would use under similar circumstances), gross negligence or breach of any duty imposed by law or contract or “vis major”.
This disclaimer is subject to your overriding rights in terms of the Consumer Protection Act 68 / 2008 (Republic of South Africa) in the event that legislation is of application to you.
You irrevocably indemnify and hold harmless The Spice Emporium, its directors, employees, representatives, agents, suppliers and/or subcontractors against all claims (including but not limited to claims for personal injury, personal incapacity (temporary or permanent), loss of life, loss of information, loss of profit and / or and damage to property), whether in contract, delict, statute or otherwise for any special, general, direct, indirect or consequential losses or damages and any costs (including its own attorney and own client costs) which may be made against it/them or become payable by it/them which may come into existence, arising out of your use of the Website, reliance on any information published on accessed via the Website, any product purchase made via the Website, whether or not such claims are due to The Spice Emporium’s, its directors’, employees’, representatives’, agents’, suppliers’ and/or subcontractors’ negligence (failure to use such care as a reasonable prudent and careful specialist contractor would use under similar circumstances), gross negligence or breach of any duty imposed by law or contract or “vis major”.
This indemnity is subject to your overriding rights in terms of the Consumer Protection Act 68 / 2008 (Republic of South Africa) in the event that legislation is of application to you.
Your submission of any information to The Spice Emporium is voluntary. You can refuse to supply personal any information, except that it may prevent you from engaging in certain Website related activities. However in that event you can make a purchase in our actual store.
The Spice Emporium may automatically collect non-personal identification information about you whenever you access the Website, including your browser name, the type of computer and technical information about your means of connection to the Website, such as the operating system and the internet service providers utilised and other similar information.
The Spice Emporium collects and uses you personal information to improve customer service; to effectively respond to customer service requests and support needs; to improve the Website appeal and functionality ; to process transactions; to administer content, to convey to you information of interest; and to send periodic emails.
The email address you provide for purchase order processing will be used to send you information and updates pertaining to your order; to respond to your inquiries, and/or other requests or questions; and to convey to you information of interest; and to send periodic emails. If you decide to opt-in to our mailing list, you will receive emails that may include company news, updates, related product information, etc. If at any time you would like to unsubscribe from receiving future emails, you will be able to do so.
The Spice Emporium adopts appropriate data collection, storage and processing practices and security measures to protect against unauthorised access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on the Website. Sensitive and private data exchanged between you and the Website happens over a SSL secured communication channel and is encrypted and protected with digital signatures.
Subject to the provisions pertaining to “submissions” stated above, The Spice Emporium will not sell, trade, or exploit your personal identification information in any way. The Spice Emporium may share generic aggregated demographic information not linked to any personal identification information. The Spice Emporium may use third party service providers to operate its business and the Website or administer activities on its behalf, such as sending out newsletters or surveys or delivering products purchased. The Spice Emporium may share your information with these third parties for those limited purposes.
Third Party Websites
You may find advertising or other content on our website that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our website. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our website, is subject to that website’s own terms and policies.
The rule that a contract shall be interpreted against the party responsible for the drafting or preparation of the contract (the Contra Pro Ferentem Rule), shall not apply to the interpretation of the Terms.
The words “include”, “including” and “in particular” shall not be construed as limiting the generality of any preceding word/s or introducing an exhaustive list.
Any reference in the Terms to any other agreement or document shall be construed as a reference to such other agreement or document as same may have been, or may from time to time be, amended, varied, novated or supplemented.
The Terms shall in all respects (including their existence, validity, interpretation, implementation, termination and enforcement) be governed by the law of the Republic of South Africa.
The High Court of South Africa sitting in Durban shall have jurisdiction over any dispute between the parties without a party being obliged to refer any dispute to that forum.
The Terms constitute the whole agreement between the parties and no consensual cancellation of, additions to or variations of the Terms or different terms of purchase shall be binding on The Spice Emporium unless reduced to writing and signed by a director of The Spice Emporium.
To the extent permissible by law The Spice Emporium shall not be bound by any express or implied or tacit term, representation, warranty, promise or the like not recorded in the Terms, whether it induced the contract and/or whether it was negligent or not.
Any provision in the Terms which is or may become illegal, invalid or unenforceable, shall be ineffective to the extent of such prohibition or unenforceability and shall be treated as if it had not been drafted and severed from the balance of the Terms, without invalidating the remaining provisions of the Terms.
Where The Spice Emporium provides information on the Website which is of a general or informative nature and is not a contractual term, it is not responsible for the information being accurate, complete or current or being relied upon. Any reliance on such information is at your own risk.
The Terms shall be binding upon the parties and their estates, executors, administrators, curators or assigns.