TERMS & CONDITIONS
Welcome to Coffee & Crunch Online Sales Terms and Conditions. These Terms and Conditions govern all sales made on the Coffee & Crunch website (https:coffeecrunch.co.za).
All products and services provided fall under our Terms and Conditions. It is assumed that the customer has read and understood the Terms and Conditions prior to engaging in any business transaction with Coffee & Crunch.
The terms “us”, “’we” and “our” refers to Coffee & Crunch (PTY) Limited, with registration number 2015/370890/07. Our contact details are listed on the website page “Contact Us”. The terms “you” or “customer” refers to the purchaser of the product or user or viewer of the online ordering features of our website.
The headings of the various paragraphs of this agreement have been included solely for convenience, and they do not serve to qualify the agreement in any way.
1. CUSTOMER UNDERTAKINGS AND ACKNOWLEDGMENT
The Customer hereby confirms and acknowledges that:
1.1. Quotes and Invoices are not valid without these terms of sale, and that the customer has read and understood these terms in full.
1.2. A quote is required in order to make payment and to complete a purchase.
1.3. If the customer has any queries regarding a purchase, to contact Coffee & Crunch within 24 hours of receiving the product. This includes omissions, invoicing, and charging or payment queries.
1.4. No Goods are sold on a trial basis.
1.5. A quotation is only valid if it has been received by you in an unchangeable, secure format, and has not been altered in any way. Quotes are only valid while stocks last, and all prices, special offers and promotions will not be extended once stock has been sold out.
1.6. When a quote is issued, discounted pricing may have been applied to bundled products. The quote is therefore only valid when all the items on the quote are purchased as a whole unit in one consignment.
2. PRICES AND SITE INFORMATION
2.1. All information and prices on the site, and on the price guides, should be treated as an invitation for you to make an offer to purchase and we remain entitled to reject any offer to purchase without giving reasons.
2.2. The prices displayed on our site and on our downloadable price guides are for reference purposes, and are subject to change without notice.
2.3. All information on the site and on our price guide should be treated as an invitation for you to make an offer to purchase (“the order”) and we remain entitled to reject any order without giving reasons. An order, once sent to us, cannot be withdrawn unless we agree thereto.
2.4. Where there are errors on our website and/or other communication from Coffee & Crunch you may be entitled to a credit on the product, subject to our approval and subject to the rest of our terms of sale. This is subject to you informing us within 24 hours of receiving the quotation of order.
2.5. Should an inadvertent and obvious error occur in an advertised price, then the price is invalid and any quote or invoice based on the incorrect price will be null and void in accordance to Section 23 of the Consumer Protection Act.
3.1. All payments are in advance, by online card payment (PayFast), bank transfer (EFT) or by cash (In Store Purchases/Collection).
3.2. Incorrect or incomplete payments made may be refunded back to a South African bank account, or may be used as credit towards a new purchase, at the discretion of Coffee & Crunch.
3.3. Due to cheque fraud, we regrettably do not accept cheques. We do understand that several companies have strict payment policies. If payment has been made by cheque, there is a 10 day clearing period and no goods will be released until the cheque has cleared in our account. Please note that prices may change during this time.
3.4. We do not issue cash refunds.
3.5. Regrettably we are not able to do COD as courier companies do not accept cash on our behalf.
4. RETURN AND CANCELLATION POLICY
4.1. Credit notes will be considered for returned goods, if the goods have been received by us within 7 (seven) calendar days of invoice.
4.2. All items returned attract a minimum of 15% re-stocking fee, or a percentage equivalent to that charged by our suppliers if their charge is higher than 15%.
4.3. All goods returned are to be correctly packaged. Specifically, goods must be returned in the sealed packaging in which they were received, with all exterior packaging intact. We will refuse to give a refund on products that have been opened, used and/or damaged.
4.4. No credits will be issued after 7 (seven) days.
4.5. If you return goods, or cancel an order once goods have been shipped, you agree to pay for all the shipping costs we have incurred in sending and receiving the goods. If a product has been returned, depending on the condition of the returned products and subject to our other terms, we reserve the right to reject the return.
5. COLLECTION, DELIVERY AND SHIPMENT
5.1. We offer various shipping options and availability of these options are dependent on the shipping destination.
A Major Centre is regarded as a physical address within 50km of a major centre: Bloemfontein, Cape Town, Durban, East London, Johannesburg, Port Elizabeth and Pretoria. All outlying areas outside of this 50km ring will be regarded as Regional Areas.
We currently offer the following shipping options:
- Major Centre Courier (Gauteng Only): Up to 5kg per parcel to greater Johannesburg and Pretoria areas (R80 Per Parcel).
- Major Centre Courier (Rest of South Africa:Courier): Up to 10 kg per parcel to any main centres (major cities) outside Gauteng (R130 per parcel).
- Regional Area Courier (Rest of South Africa): Up to 10 kg per parcel to outlying regional areas (R190 per parcel).
5.2. If the words “delivery” does not appear on your quote, then this means that you are responsible for the collection the goods from our physical store situated at Shop 37 – Sunninghill Village, 97 Edison Crescent, Sunninghill, Johannesburg, 2157.
5.3. Although the Coffee & Crunch site is set up to confirm receipt of your order (“confirmation”), technical or other problems may delay or prevent such confirmation. If you have not received confirmation from us shortly after sending your order you should contact us immediately. Please do not re-submit your order as this may lead to duplicate transactions. Confirmation does not mean that a transaction has been concluded it merely serves to confirm that your order has been received by us. A transaction is only concluded once we have shipped the goods to your specified address on receipt of payment. To protect you from possible fraud, we may need to verify your identity and to conduct credit checks.
5.4. Courier and delivery charges for the transport of goods to the customer, or for the return of goods to us, becomes payable by the customer.
5.5. Delivery charges are not refundable.
5.6. Should a customer return a product using our account with the courier company, the amount becomes payable by the customer. Delivery charges will be deducted from the refund due to the customer where applicable.
5.7. Delivery charges apply for deliveries. When “Free delivery” appears on your quote, then free delivery applies to that specific order.
5.8. Delivery will take place during work days during working hours. If a customer is not at the delivery address when a delivery is attempted, then we reserve the right to charge the customer for delivery.
5.9. The customer must ensure that Coffee & Crunch has the correct (and complete) address. Once goods have been signed for at the delivery address, the order will be considered delivered. Please note that deliveries to plots, farms and construction sites are not possible.
5.10. If delivery is to be made inside a security estate, or at a company, please inform your receptionists and/or security about the delivery. Also note that courier companies do not always call before delivering.
5.11. If the words “delivery” appears on your quote, but a delivery charge is omitted, or is given as 0 (Zero), then this means that the customer requires delivery but that the customer is directly responsible for the delivery charges with the courier company. The customer undertakes to pay the courier company directly upon receiving the goods.
5.12. Any shipping date shown represents Coffee & Crunch’s best estimate as of this date, but we shall not incur any liability of any kind whatsoever for failure to ship on any particular date.
5.13. Risk of loss shall pass to the customer when the goods are placed in the possession of a common carrier. Claims against the carrier shall be the responsibility of the customer, and claims against Coffee & Crunch for patent defects, errors, or shortages must be made in writing to Coffee & Crunch within 5 (FIVE) days of receipt of the goods, or such claims shall be deemed to have been waived.
6. STOCK AVAILABILITY, SPECIAL ORDER REQUESTS, PROMOTIONS
6.1. Stock availability is not guaranteed and needs to be confirmed before payment is made. Due to the nature of our business, stock cannot be held and will continue to be sold on a first come, first serve basis.
6.2. If stock is not available, then the quote becomes void since the product on which the quote was based on is no longer available. A credit will be issued, and the credit may be used for a different purchase, or may be refunded at the election of the customer.
6.3. “Order on request products” are products that need to be ordered at suppliers on special request. “Order on request” products that are specially ordered are not returnable and are non-refundable once they have been received. Unfortunately, prices for “order on request” products are not guaranteed and may change. In the case of a price increase, the difference becomes payable by the customer, or in the case of a price drop, the difference becomes refundable to the customer.
6.4. Products that are on special, are on promotion or that is sold as “open box” are available for a limited period of time, and are only valid while stocks last.
6.5. Any promotional product returned within 7 (SEVEN) days will be entitled for credit, subject to our other terms, and no replacement will be made available. Please note that no credit or refunds are issued after 7 (SEVEN) days.
6.6. The customer confirms that he/she is aware that open box products are products where the box has been unsealed and opened, or where the product has been removed from the original box, and may be a demo unit or are a customer return. These products are discounted, or are bundled with other products. As such a reduced warranty period might apply to the open box product.
7. LIMITED LIABILTY AND INDEMNITY
7.1. Since the use of the products purchased is outside our control, we do not warrant the suitability of goods. It is the solely the responsibility of the customer to check the suitability of products before making a purchase.
7.2. Coffee & Crunch resells products and/or services on behalf of our suppliers. Therefore Coffee & Crunch does not carry any warranty on the services or products purchased. The warranty is fully covered by the official local suppliers.
7.3. If the words “free”, “gift” or a currency value of zero (0) appears next to an item, then these items do not carry warranties.
7.4. The customer hereby absolves Coffee & Crunch, its employees, owners and Affiliates (whether jointly or individually) and holds them harmless from any liability, losses, claims and/or damages (including, but not limited to claims, expenses, sanctions, pure economic loss, direct and/or indirect damages, penalties, fines, taxes, diminution of goodwill, loss of contracts, legal costs on an attorney-and-own-client scale, and any other prejudicial consequences) from any cause whatsoever or based on any ground of liability whatsoever (including strict liability) associated with and/or arising directly or indirectly from the implementation of these terms and conditions and/or the provision of the services, and regardless of whether it arises as a result of a breach of contract on COFFEE & CRUNCH’s part; or is due to the negligent, grossly negligent or reckless act or omission of COFFEE & CRUNCH; or is due to any of the aforesaid conduct by COFFEE & CRUNCH’s employee(s), agent(s) and/or any other person(s) for whose conduct COFFEE & CRUNCH may be held vicariously liable; or is due to any intentional or illegal act or omission on the part of COFFEE & CRUNCH or any person for whose conduct it may be held vicariously liable.
7.5. Coffee & Crunch shall not be liable for any breach of its obligations in these terms and conditions resulting from causes beyond its reasonable control, including but not limited to fires, load shedding, strikes (of its own or other’s employees ), insurrection or riots, embargoes, requirements or regulations of any civil or military authority (an “event of force majeure”).
8.1. The site and the information on the site are provided “as is” and we do not make any express, implied representations or warranties with regard thereto. Without limiting the generality of the foregoing, we disclaim all implied warranties in respect of merchantability or fitness for a particular purpose. We do not warrant that the site or the information on the site: (a) will be error free; (b) will meet any particular criteria of accuracy, completeness or reliability, performance or quality; or (c) will 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.
8.2. We reserve the right to amend these terms and conditions at any time. All amendments to these terms will be posted on the site (“the current version”). Whenever you access the site you will be bound to the current version. You may terminate this agreement by written notice to us if you do not wish to be bound by the current version. Continued use of this site will be deemed to constitute acceptance of the current version. Unless otherwise stated the current version shall supersede and replace all the previous versions of the terms and conditions. A print-out signed by the webmaster responsible for maintaining this site will serve as prima facie proof as to the date of publication and content of the current version.
8.3. If any of the provisions of these online terms are not fully enforceable for any reason, the remainder will nevertheless continue to apply.
8.4. Unless otherwise specified, the goods and services offered on this site are intended for citizens of the Republic of South African only. The online terms shall be governed by and interpreted according to the laws of the Republic of South Africa without giving effect to any principles of conflict of law.
8.5. For purposes of these online terms and conditions Coffee & Crunch will receive legal service of any formal notices or court process at the physical address specified on its website from time to time and the customer agrees to receive same at their delivery address.