Please pay special attention to the clauses in bold as they may (a) limit the liability of Buy Fresh or a third party; (b) create risk or liability for You; (c) require You to release Buy Fresh or a third party from liability; (d) require You to acknowledge a fact.

      1. INTRODUCTION AND ACCEPTANCE
        • Buy Fresh (Pty) Ltd (Registration No 2017/444311/07) (“We“, “Us“, “Our“, “Buy Fresh “) provides the information on this website (www.buyfresh.co.za) and sells the Goods offered via the Website, subject to the terms set out herein and as may be referenced herein (collectively, the “Terms“). “Use” of the Website includes browsing the Website and/or purchasing the Goods offered for sale via the Website. “Goods” refers to all the products advertised for sale via the Website.
        • The Terms govern the advertising, ordering, sale and delivery of Goods, and the use of the Website.
        • We may modify the Terms (“Amended Terms“). Amended Terms will be made available via the Website. By using the Website, You agree to the Terms. If You do not agree to the Terms, please terminate your Use of the Website. Each time You use the Website You agree to be bound by the Terms or the Amended Terms, as the case may be.

         

      2. YOU MUST REGISTER TO PURCHASE GOODS.
        • Before being able to purchase Goods, You must register as a user of the Website. To register, you must provide the information requested and select a unique username and password. You will need to log in with your username and password in order to purchase Goods.

         

      3. PURCHASE OF GOODS
        • An agreement of sale of the Goods only comes into effect when payment for Goods is received by Buy Fresh in its designated bank account.
        • Up to 2 hours prior to delivery of the Goods, you may cancel an order. After delivery, any return will be in accordance with our Return Policy below.
        • Buy Fresh will monitor stock levels but cannot guarantee the availability of Goods. When Goods are not available this will be stated on the Website. If Goods are not available after placing an order, We will notify you. If you have paid, we will give you a credit note for the purchase price. 
        • Scheduled in advance and recurring/subscription orders are available via the Website.

         

      4. PRICE AND PAYMENT
          Payment for Goods can be made via –

        • Credit Card: where payment is made by credit card, We may require additional information in order to authorise and/or verify the validity of payment. For security purposes, We may can withhold delivery until We receive the additional information and authorisation obtained for the amount. If we do not receive authorisation Your order will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods.
        • Direct Bank Deposit Or Electronic Funds Transfer
        • SnapScan.

         

      5. DELIVERY OF GOODS
        • Buy Fresh will not deliver any Goods until payment has been received in full.
        • Please ensure that there is someone at the delivery address designated by you for delivery during the registration process (“Delivery Address”) to receive and sign for the delivery as some of the Goods may be perishable and must be refrigerated or put into the freezer as soon as they are delivered. If there is no one to receive the order, the Goods will be taken back to Our premises at Unit 8B Ravenscraig Mews, 6 Ravenscraig Road, Woodstock, 7925. The Goods can then be collected which collection must be within 48 hours of the initial delivery or You may request a redelivery within such 48 hour period.
        • Should you not request a redelivery or collect the Goods within 48 hours of the initial delivery, Your Order will be cancelled and you will be given a credit note to the value of your purchase. Our obligation to deliver Goods is fulfilled when We deliver the Goods to the Delivery Address or when You collect the Goods from Our premises.
        • We will let you know if we are unable to deliver the Goods by the delivery date selected by you. You may within 24 hours of receiving such notification cancel your order for the Goods. If you elect to cancel your order, we will reimburse you the purchase price.
        • Delivery is as follows –
            • Same day delivery for orders placed before 12pm (Mon-Sat), otherwise next day or a scheduled date delivery options are available. We are closed on Sundays and public holidays.
            • Free delivery: for orders over R350. Orders under R350 will be charged a nominal fee of R50.
            • Redelivery: a nominal fee of R50 will be charged for a redelivery.
        • There may be circumstances where delivery is delayed due to circumstances which are unfortunately beyond our control, such a high traffic volumes and or bad weather conditions.
        • We will take reasonable efforts to accurately reflect the description, availability and purchase price of Goods on the Website but subject to Consumer Protection Act. No. 68 of 2008 as read with any of its regulations (“CPA”), We will not be liable for any loss, liability, damage or expense arising from any inaccurate description or unavailability or incorrect purchase price of any Goods.

         

      6. DISCOUNTS
        • We may offer discounts on Goods from time to time (“Specials”). The amount of stock available for a Special may be limited. Once a Special is sold out, the Goods in question will no longer be available at the discounted price.
        • If you place Goods subject to a Special in your shopping cart but do not complete the order and pay for the Goods, the Goods will not be reserved for you. We will only reserve Goods subject to the Special once We have received payment from you.

         

      7. RETURNS POLICY
        • It is your responsibility to ensure that the Goods are what you ordered and meet your requirements. Unfortunately, we cannot accept returns on any of our perishable Goods. If you experience any problems when you receive your Order please contact us straight away.
        • All Goods (other than perishable Goods) may be returned within fourteen (14) days of receipt of the Goods and you will be refunded the purchase price of the returned Goods. Returns beyond this period are at Our sole discretion.
        • Other than perishable Goods, should you not be satisfied with any Goods/s purchased, you may return the Goods for a refund or exchange only if the Goods have not be damaged, opened, altered and are in a saleable condition, with labels attached.

         

      8. HOW TO CHECK OUT
        • You can go to the “checkout page” by clicking on the “My Cart” button, then click on “Check Out”. This will direct you to the checkout page.
        • Once on the checkout page you can review your shopping cart and user information. You will then be required to verify your Order details and delivery information.
        • The order is now ready to be submitted. In order to complete the process you will be required to “agree”” to the terms and conditions and click on “Buy Now”. This will direct you to the payment page where you can select your payment method and capture the relevant payment information.
        • You will receive a confirmation advising you whether your transaction was successful or not. If the transaction was successful you will also receive an email confirming the order and will be directed to the order history page.

         

      9. CONTENT YOU PROVIDE
        • You warrant that all information submitted by you is true, accurate, current and complete. You shall not misrepresent Your identity.
        • By using the Website, You grant Us the right to use information, data, materials and other content You provide via the Website for the purposes as set out in the Privacy Policy.

         

      10. COMMUNICATIONS THAT ORIGINATE FROM YOU
        • We may assume that all electronic communications which reasonably appear to originate from You or a person You have told Us is authorised to act on Your behalf are in fact from You and the form in which We receive the communication is the same as when it was first dispatched.

         

      11. TO PROTECT THE INTEGRITY OF THE WEBSITE
        • You may not:
          • use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Website without Our express written consent;
          • use or attempt to use any engine, software, tool, agent, or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website other than the search engines and search agents available through the Website and other than generally available third party web browsers;
          • post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Website;
          • attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Website;
          • use the Website in a manner that would bring Us into disrepute;
          • access the Website for unlawful purposes or use the Website in a manner which infringes Our rights or the rights of any other person or restricts or inhibits the use of or enjoyment of Our computer systems by any other person;
          • post or transfer any material to the Website that is unlawful or violates any third party’s rights or which is obscene, misleading, inaccurate, defamatory, illegal, in breach of any copyright or other intellectual property right, or damaging to data, software or the performance of Our or any other parties’ computer system.
        • We are entitled to remove any information You have submitted via the Website and/or suspend Your use of the Website at any time on notice to You.

         

      12. YOUR PERSONAL INFORMATION
        • We will protect and use Your personal information in accordance with Our Privacy Policy.

         

      13. INTELLECTUAL PROPERTY
        • We own or are licensed to use all intellectual property rights in and to all materials, text, content, videos’, photographs, drawings and data (collectively, the “Materials“) made available on the Website. You may not reproduce, distribute, create a derivative, sell, broadcast or in any other way exploit of the whole or any part of the Materials.
        • The Website and the Materials may not be reproduced, duplicated or copied or otherwise exploited for any purpose without Our express prior written consent.
        • We own or are licensed to use the trademarks, names, logos and service marks (collectively, the “Trademarks“) displayed on the Website, whether registered or unregistered. You must obtain Our prior written permission should You want to use any of the Trademarks.

         

      14. WARRANTIES
        • Although We will always try to ensure the Website is available, the Website is provided “as is”. Subject to the CPA We give no warranties, representations, statements or guarantees (whether express, implied in law or residual) in this regard.
        • Subject to the CPA, We:
          • supply all Goods “as is”;
            • disclaim all implied warranties of merchantability or fitness for a particular purpose;
            • do not warrant that the Website or any information obtained from use of the Website will:
            • be uninterrupted, timely, secure or error free;
            • meet any particular measure of accuracy, completeness or reliability, performance or quality;
            • be free of viruses or any other data or code which has the ability to corrupt or adversely affect the operation of your computer, data or network.
        • You warrant that:
          • you are legally entitled to access the Website and purchase the Goods;
          • you have legal capacity to be bound by the Terms and conclude a sale for the Goods.

         

      15. LIMITED LIABILITY
        • Subject to the CPA, we are not liable for any loss, liability, damage or expense (other than arising from Our fraudulent actions or gross negligence) of any nature which may be caused by or attributable, directly or indirectly, to:
          • the Goods
          • the Website;
          • your Use of or reliance on any information offered on or via the Website;
          • your acts or omissions;
          • a breach by you of the Terms;
          • the fact that We act on your instructions or instructions purported to emanate from you;
          • any error or omission in respect of information submitted to us.
        • If We are found to be liable, Our liability is limited to R50 or in the case of liability arising due to the Goods, the purchase price of the Goods in question.
        • Neither of us will be liable for any indirect or consequential loss or damage of whatever nature and however it may arise.

         

      16. EXTERNAL LINKS
        • External links may be provided for Your convenience. We make no representation as to their content and use on any external links is at Your own risk. When visiting external links You must refer to their website’s terms and conditions.

         

      17. GENERAL
        • If there is any conflict between the Terms and the CPA, the CPA will apply.
        • These Terms are the sole record of the agreement between you and us in relation to the subject matter hereof. Neither of us are bound by any express, tacit or implied representation or warranty not recorded in these Terms. These terms replace all prior written and verbal communications, between us about the Goods.
        • If either one of us gives the other an indulgence or extension of time, doing so will not waive or limit any of our rights, unless we expressly agree in writing to waive or limit them.

         

      18. ADDRESS FOR LEGAL NOTICES
        • You agree to accept any notice or legal process relating to the Terms at the email address provided during the registration process.
        • You must send any notice or legal process relating to the Terms to hello@buyfresh.co.za
        • Either of us can change our physical address to any other physical address in South Africa, our telephone number and facsimile number and must give the other party written notice of the change.

         

      19. THE LAW THAT APPLIES TO THE TERMS
        • All matters arising from or in connection with the Terms including its interpretation, validity, existence or termination for any reason shall be determined in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law.

         

      20. YOUR QUERIES AND COMPLAINTS

         

      21. PROOF OF DATE OF PUBLICATION AND VERSION OF TERMS
        • A certificate signed by our Website Administrator will, unless the contrary is proven, be sufficient evidence of –
          • the date of publication and the content of the Terms,
          • the date of publication and the content of earlier versions of the Terms;
          • the date and content of any communication and notifications sent in terms of the Terms.