Terms and Conditions

Chefs Cape Town eCommerce Website - Terms and Conditions of Use

  1. Definitions
    • "website owner" and/or "we" and/or "Chefs" means Chef Collective Proprietary Limited (Registration Number 2015/352407/07), a company with limited liability duly registered under the companies laws of the Republic of South Africa;
    • "user" and/or "you" means any person accessing any part of this website;
    • "this website" or "the website" means www.chefscapetown.co.za and/or all sub-pages thereof excluding links to external sites;
    • "ECT Act" means the Electronic Communications & Transactions Act 25 of 2002;
    • "personal information" is as defined in the Protection of Personal Information Act 4 of 2013.
  2. Use of this website
    • By accessing and/or using this website, you agree to be bound by the terms and conditions herein contained ("the Terms"). The website owner may at any time and in its sole discretion amend any of the Terms and such amended Terms will immediately supersede and replace any previous Terms. The amended Terms will be made available on the website.  Each time you access the website and/or use the services offered via the website, you agree to be bound by the terms, as may be amended from time to time.  
    • Use of this website is strictly at the sole risk of the user.
    • Unless otherwise indicated, users are welcome to copy, download or print out any of the visible text or images on this website for personal and non-commercial use.
    • Users wishing to use website content for their own commercial purposes may only do so with the prior written permission of the website owner. Requests for commercial use may be submitted to info@chefscapetown.co.za. The granting or refusing of permission is completely within the discretion of the website owner, and may be conditional.
    • Any use of the content or any other part of this website, including any content sent to users, must be clearly accompanied by the following: "© Chefs Cape Town plus [insert year in which content is copied]. All rights reserved."
    • Users acknowledge that it is their responsibility to familiarise themselves with any amendment or alteration of the Terms.
  3. Owner information and required disclosures under section 43 of the ECT Act
    • The full name and status of the website owner is Chef Collective Proprietary (Registration Number: 2015/352407/07), a company duly incorporated in accordance with the laws of the Republic of South Africa, whose full and further details appear hereunder.

Director :         Campbell Stevenson

Tel. :                +27 (0) 21 461 0368

E-mail:             campbell@chefscapetown.co.za

Website:          www.chefscapetown.co.za

Physical Address : 81 St. Johns Street, Gardens, Cape Town

Postal Address: 81 St. Johns Street, Gardens, Cape Town

Registered Address: 81 St. Johns Street, Gardens, Cape Town

  • The website offers information on Chefs, its services and products, and allows for amongst other things (i) the purchase of and placing of orders of such services and/or products for collection or delivery; (ii) booking of such products and/or services; and (iii) subscription to a regular email including a menu and other information about Chefs’ services and products.
  • Records of transactions: orders made are confirmed by a statement displayed online immediately after the transaction is submitted and can be copied and pasted or printed. The record of any transaction can be accessed by viewing the user's order status which record is available for an indefinite period from date of the transaction.
  • The manner in which orders may be placed and payment effected is more fully dealt with in 6 and 7 below respectively.
  1. No offer
    • Users should regard nothing contained in this website as an offer but rather as an invitation to do business.
    • A contract will only be entered into at the stage at which the website owner receives and confirms acceptance of your order.
    • You acknowledge that Chefs supplies foodstuffs, beverages and other goods for delivery at your chosen delivery address or collection from Chefs premises and same-day consumption. Upon confirmation of acceptance of your order, no refunds will be given should you subsequently elect to cancel your order.

 

 

  1. Registration and Password Security
    • Before a user can order products from or through this website, they must complete the registration process.
    • Please note that only persons over the age of 18 years old may register on this website.
    • Registrants are solely responsible for the correctness and completeness of information supplied by them during the sign-up process and for promptly informing Chefs of any change to such information.
    • Once you have completed the registration process the website owner may send a confirmation e-mail which lists the information provided and confirms that you have agreed to these Terms.
    • Registrants are solely responsible for the creation and safekeeping of their password and will be responsible for all orders or other activities placed or performed while a user is logged in under that password.
    • Any auto-login functionality provided is used at the sole risk of the user and it is advisable that such functionality should not be enabled on a shared computer.
    • The website owner reserves the right to request that a user change a password where there is reason to believe that there has been or is likely to be a misuse of information or breach of security.
  2. Purchase Process
    • Orders may be submitted using the online facility (including the capacity to vary and/or confirm your order prior to finalisation) at any time after successful completion of the registration process.
    • When placing an order you acknowledge that, while the website owner will do its utmost to fill the order, factors beyond its control may either wholly or partially prevent it from doing so. The website owner will communicate any such difficulty to you and will remove any unavailable item from your order and ensure that you are not charged for it; alternatively will agree with the website owner on a suitable substitute or credit to be provided.
    • The user acknowledges that the pricing of products is subject to change. While the website owner may take steps to inform the user of any such change in the prices, it reserves the right to effect any increase without notice.
    • Users are always able to check pricing telephonically.
    • The website owner's trading hours are subject to change without prior notice at the website owner's discretion. All amounts in respect of the goods/services listed on the website are in Rand values and are inclusive of VAT but exclude (i) delivery charges which are calculated per transaction and (ii) any gratuity payment to the delivery person delivering the goods ordered to the user (which delivery charges are more fully dealt with in 8 below).
  3. Payment
    • All amounts payable by the user to the website owner in respect of any order placed via this website and collected by or delivered to the user pursuant thereto shall be settled by payment via this website using any major credit/debit cards accepted by the website owner at the time of placing the order.
    • Credit/debit card transactions are processed through the Paygate payment gateway using industry standard Secure Sockets Layer (SSL) security technology. This ensures that all credit/debit card details are encrypted and securely sent to our merchant server. For more information on Paygate, and to view their security certificate and security policy, visit paygate.co.za.
    • This website does not store any user credit/debit card information. At no stage is credit/debit card information stored together with user personal information.
  4. Delivery
    • Delivery charges are subject to change without prior notice in response to fluctuations and increases in fuel prices.
    • Delivery charges may vary depending on distance to be travelled to any delivery location.
    • All amounts due by the user to the website owner in respect of any order placed by the user with the website owner shall be due and payable in full, without deduction or set-off against collection by, or delivery to, the user.
    • Where an order is delivered to the user, it is the sole responsibility of the user to ensure that suitable arrangements are made to take receipt of the delivery (including to ensure that a responsible party is available to take receipt of the delivery). The website owner will not be held responsible for any damage or loss occasioned subsequent to collection by, or delivery of the goods to, the user or any such responsible party.
    • The website owner reserves the right to refuse to accept any order due to previous or anticipated collection or delivery difficulties.
  5. Disclaimers
    • This entire website, including text, images, links, downloads and coding, is provided "as is" and "as available". The website owner makes no representations or warranties, express or implied, including but not limited to warranties as to the correctness or suitability of either the website or the information contained in it.
    • The website owner, their officers, employees, suppliers, ISPs, partners, affiliates and agents accept no liability whatsoever for any loss, whether direct or indirect, consequential or arising from information made available on (or by means of) the website (or any of the pages therein contained) and/or transactions or actions resulting therefrom.
    • To the fullest extent possible under the applicable law, the website owner disclaims all responsibility or liability for any damages, including but not limited to direct, economic, consequential loss or loss of profits, resulting from the use of this website in any manner.
    • The website owner has no control over third party content and features which can be accessed through the use of this website and does not examine or edit such content and features or act as an agent for third parties accessible through this website. As such and to the fullest possible extent permissible under law the website owner disclaims any liability whatsoever for any loss or damage arising from the use of third party websites, contents and features.
  6. Indemnity

The user agrees to indemnify and hold harmless the website owner,  their officers, employees, ISPs, servants, subcontractors, partners, subsidiaries and affiliates from any demand, action or application or other proceedings, including for attorneys fees and related costs such as tracing fees, made by any third party and arising out of or in connection with the user’s use of this website, third party websites or any of the services offered through such websites in any way, including but not limited to the content of any such websites.

  1. Receipt Of Data Messages
    • Data messages, including e-mail messages, sent by users to the website owner shall be deemed to be received only when acknowledged or responded to.
    • A data message sent by the website owner to a user shall be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.
    • The website owner reserves the right not to respond to any e-mail or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take the appropriate action against the sender of such e-mail where necessary.
  2. Monitoring And Interception Of Data Messages

In order to provide a relevant and secure service and to promote the secure and efficient operation of the website, and where required to do so by law, the website owner may monitor and/or intercept electronic communications such as e-mails which are sent to this website. To the full extent necessary under law, the user hereby acknowledges that he or she is aware of such potential monitoring and/or interception and consents thereto.

  1. Security
    • While the website owner takes all reasonable security precautions in connection with the website, no liability will lie for damage caused by the malicious use of this website or by destructive data or code that is passed on to the user through the use of this website.
    • The following acts in connection with this website are expressly prohibited:
      • gaining or attempting to gain unauthorised access to any web page or part of this website;
      • delivering or attempting to deliver any unauthorised or malicious code or content to this website; and/or
      • any amendment to or attempt to amend any of the content or any other part of this website by unauthorised persons.
    • The website owner will pursue the prosecution of and compensation from any person that delivers or attempts to deliver any destructive code to this website or attempts to gain unauthorized access to any page on or part of this website.
  2. Copyright and Intellectual Property protection
    • Copyright in all information, images, source codes and other original material contained in this website which is not attributed to a third party, is held by or licensed to the website owner and is protected by both South African and international intellectual property laws. Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such material or any component thereof will constitute an infringement of such copyright and/or other intellectual property rights. The trademarks, names, logos and service marks (collectively "trademarks") displayed on this website (unless attributed to a third party) are registered and unregistered trademarks of Chefs. Subject to the rights afforded to the user herein, all of the website owner's intellectual property rights (including any moral rights) remain at all times expressly reserved.
    • The website owner grants to users a personal, non-exclusive, non-assignable and non-transferable license to use, print and display all content and information on any machine of which the user is the primary user for non-commercial purposes only. Save as aforesaid, nothing contained on this website should be construed as granting any licence or right to use any trademark without the prior written permission of Chefs.
    • If you believe that this site in any way infringes a third party copyright or other intellectual property right please contact us (campbell@chefscapetown.co.za) specifying the full details of the alleged infringement.
  3. Privacy and Confidentiality of communications

Further information regarding the manner in which we respect the privacy of users’ personal information is contained in our Privacy Policy.

  1. Advertising and sponsorship
    • This website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in this website complies with all applicable laws and regulations.
    • The website owner accordingly excludes, to the fullest possible extent permissible under law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.
  2. Hyperlinks, deep links & framing
    • Any third party site may link to this website provided that such a link is directed at the homepage of this website. It is expressly prohibited for any person, business or entity to link to any page other than the homepage of this website without the prior written approval of the website owner first being obtained.
    • Permission to link to this website is given without assumption of any liability. The website owner reserves the right to withdraw permission granted to link to this website at any time and for any reason.
    • Hyperlinks and/or advertisements contained on this website and directed towards other websites or users are provided without any warranties or endorsements as to the content, suitability, accuracy or security of the site linked to. The website owner in no manner controls or edits the content of sites or pages linked to, and disclaims all liability, direct or indirect, which may arise from the use or inability to use a link or a linked-to website.
    • The website owner does not endorse the views, opinions and recommendations included in any website linked to this website.
    • Use of the sites or pages linked to this website is accordingly exclusively at the risk of the user.
    • The express permission in writing of the website owner, which may be subject to conditions, is required before this website, any of its pages and/or any of the information contained on the website is framed. Requests for permission can be submitted through e-mailing campbell@chefscapetown.co.za.
  3. Termination
    • The website owner reserves the right, in its sole and absolute discretion and without prior notification, to terminate the provision of this website and/or to terminate the access rights of any user where, for example and without limitation:
      • the website owner regards the action or inaction of a user to constitute a breach of these Terms;
      • the website owner regards the action or inaction of a user to constitute abuse of the services offered through this website;
      • events beyond the reasonable control of the website owner, including technical failures, prevent the continuing provision of the website.
  1. Governing Law
    • The user hereby agrees that the law applicable to these Terms, their interpretation and any matter or litigation in connection therewith or arising from them will be the law of South Africa.
    • This website is owned, hosted and maintained within the Republic of South Africa.
    • When using this website and agreeing to these Terms such use and agreement is deemed to have taken place in Cape Town, South Africa.
    • Users of this website are encouraged to familiarise themselves with the South African law relating to electronic communications and transactions as contained in the Electronic Communications and Transactions Act 25 of 2002.
  2. Consent to jurisdiction and costs
    • The user consents to the jurisdiction of the Magistrate's Court having jurisdiction in terms of section 28 of the Magistrate's Court Act as amended in respect of any dispute flowing from the use of this website, notwithstanding the fact that the amount of the claim may exceed the jurisdiction of such Court.
    • Notwithstanding the above the website owner may, in its own discretion, elect to proceed with any claim, application or action in the High Court of South Africa (Western Cape Division, Cape Town) and, to the extent necessary, the user accepts such jurisdiction.
    • The user agrees that it will be liable for the legal costs, including tracing fees, on the scale as between attorney and client in respect of any legal proceedings commenced by the website owner as a result of any breach of these Terms or any additional terms and conditions contained on this website.
  3. Enforceability of these Terms
    • Each paragraph, clause, term and provision of these Terms shall be considered severable and if, for any reason, any part of these Terms is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall not impair the operation of, or have any effect upon such other portions of these Terms as may otherwise remain valid or intelligible, which shall continue to be give full force and effect and bind the parties hereto.
    • These Terms (as amended from time to time by the website owner) contain the entire agreement between the parties in relation to these presents and no party shall be bound by any undertakings, representations, warranties, promises, terms or conditions or the like not recorded herein.
    • No indulgence, leniency or extension of time granted by the website owner shall constitute a waiver of any of the website owner's rights under these Terms and, accordingly, the website owner is not precluded as a consequence of having granted such indulgence, from exercising any rights against the user which may have arisen in the past or which might arise in the future.