Website Terms & Conditions
Last updated: 11 November 2016
By browsing the website at propersnacks.co.za you agree on the following:
1.1 Acceptance of Terms and Conditions
1.1.1 The website www.propersnacks.co.za (“the website”) is owned and operated by Proper Snacks (Pty) Ltd. References to “we”, “us”, or “our” are references to Proper Snacks (Pty) Ltd. We are a company registered in The Republic of South Africa (company number 2013/001160/07).
1.1.2 Your use of this website and purchase of any products from this website is at all times subject to these Terms and Conditions. By accessing our website you agree to our Terms and Conditions set out below. If you do not agree to these Terms and Conditions, you must exit are kindly requested to leave our website immediately.
1.2 Changes to Terms and Conditions
1.2.1 We reserve the right, from time to time, with or without notice to you, to change these Terms and Conditions at our sole discretion. The Terms and Conditions applicable to your access to and use of this website will be the version that is current and displayed on the website as at each date you access the website. Your use of the website after changes are made means that you agree to be bound by such changes. These terms were last updated on 11 November 2016.
1.3 Accounts and Billing
1.3.1 You can find the specific details regarding your subscription with Proper Snacks (Pty) Ltd including your next scheduled boxes, by logging into your account and clicking on the relevant section of the website. The Terms and Conditions applicable to your subscription are set out in this document, and are available on our website.
1.4 Other applicable terms
2.1 You agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with this website. You also agree not to interfere with the servers or networks underlying or connected to this website or our services or to violate any of the procedures, policies or regulations of networks connected to this website.
2.2 All content and programming of the website is our property. Except as may be permitted by law, notwithstanding contractual prohibition, you may not reproduce, modify, copy, de-compile or reverse engineer any of the materials, software or content on the website without our written permission. Use of the website is restricted to personal, non-commercial use only.
2.3 You agree not to impersonate any other person while using this website, conduct yourself in an offensive manner while using our website, or use the website for any illegal, immoral or harmful purpose.
2.4 You may not use the website for unlawful purposes or in any way that may damage our name or reputation or that of our affiliates.
2.5 It is your responsibility to ensure your computer system meets all the necessary technical specifications to enable you to access and use the website and is compatible with the website.
2.6 We may, from time to time, restrict access to certain features, parts or content of the website, or the entire website, to users who have registered with us.
2.7 You are solely responsible for maintaining the confidentiality of your account and password, for all activity that takes place on your account, and for restricting access to your computer. We will not be held liable for any loss or damage that may result from your failure to do so.
2.8 The information contained in this website is for general information purposes only. We endeavour to keep the information contained on the website (other than User Material (as defined in clause 3.2 below)) up-to-date and correct, although there may be times when this is not the case. If you notice any issue with the information on the website, please contact us at firstname.lastname@example.org.
Intellectual Property Rights
3.1.1 All intellectual property rights in or relating to the website (including our text, graphics, software, photographs and other images, videos, sound, trade marks and logos) are owned by us or our licensors. Except where you are given a non-exclusive licence to use the intellectual property rights that you need to enable you to use the website in accordance with these Terms and Conditions, you are not given any rights in respect of the intellectual property rights owned by us or our licensors and you acknowledge and agree that you do not acquire any ownership of, or other rights in relation to, any such intellectual property rights by virtue of using the website.
3.2 External Links
3.2.1 From time to time this website may also include links to other websites that we do not control. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content, privacy policies or operation of such linked website(s), or for anything provided (or not provided) by the third parties controlling such linked websites.
3.2.2 If you create a link to the website and we want you to remove it, we reserve the right to ask you to do so, and expect you to respect and honour our request.
4.1 In order to purchase products from the website, you must first register to set up an account with us by completing the registration form on the website.
4.2 In order to register an account you must be an individual and agree to comply with these Terms and Conditions. If you are registering on behalf of an organisation or company you must have the authority to bind that company. If you are under 18 years of age and you order goods from the website, please note that you are liable to pay for such order and be held responsible for your order.
4.3 When signing up you need to provide:
4.3.1 your full name;
4.3.2 a valid and current email address;
4.3.3 your delivery address; and
4.3.4 your payment card details.
4.4 You warrant that all information you provide to us when registering an account is true and accurate to the best of your knowledge and belief. It is your responsibility to ensure the information in your account is updated regularly with any relevant changes.
4.5 We may refuse at our absolute discretion any application to join us or receive our services for any reason whatsoever.
4.6 You are responsible for all activities and purchases that occur under your account. You must notify us immediately if you know of, or suspect, that anyone has obtained access to your account or if you otherwise become aware of any unauthorised use of your account or other security breach.
Availability of Website
5.1 Although we aim to offer you the best service possible, we make no promise that our website services will be available all of the time, meet your requirements or be fault free. If a fault occurs in the service, please report it to us (see below for contact details) and we will correct the fault as soon as we reasonably can.
5.2 Your access to the website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can. In the event that our website is unavailable, our usual order and cancellation deadlines apply as referred to in clause 11 hereof, please notify us of changes to your order via email at email@example.com.
Purchase of Boxes
6.1 When you register an account on the website you will automatically be signed up to receive a regular delivery of our products (monthly). You can manage and make changes to your orders at any time. Please see the managing my orders section of our FAQs for more details.
6.2 You may submit orders online at any time after you have created an account. The website allows you to review your order and make any corrections before submitting it to us and by submitting the order you confirm that you have made any such corrections.
6.3 Your submission of an order amounts to an offer to enter a contract to buy the products from us; you cannot then withdraw or cancel your order except as specifically stated in clause 11 of these Terms and Conditions.
6.4 No order is accepted from you until our website displays an order confirmation message.
6.5 We select the contents of your boxes. We reserve the right to not send certain combinations of products together in a box.
Information about what our products contain
7.1 On each product page under ‘full ingredients’ and on the packaging of each product in your box, we provide a list of the product’s ingredients. We also say if a product contains any of the following ingredients/substances which may cause allergies or intolerances:
7.1.2 nuts (i.e almond, hazelnut, walnut, cashew, pecan nut, brazil nut, pistachio nut and macadamia nut);
7.2 As all of our products are not prepared in the same environment, we are unable to guarantee that our products are completely free from any of the ingredients/substances listed above.
Free or discounted offers
8.1 Free or discounted introductory offers are only available to new users of the website. Except where expressly stated, previous users or trialists of the website do not qualify for an additional special offer.
8.2 Except where otherwise stated, discounts and credits are available only once to any one person.
8.3 Except where otherwise stated, discounts and credits cannot be used in conjunction with any other offers.
8.4 You must have internet access and valid payment details to redeem a free or discounted offer.
8.5 You will be charged the full price for boxes after your free or discounted offer. We will continue to bill you by your chosen payment method for the Proper Snacks (Pty) Ltd service until you cancel scheduled boxes.
8.6 Except where otherwise stated, discounts and credits can only be redeemed against snack boxes.
9.1 The price of products is as quoted on the website from time to time. Prices stated include VAT and delivery charges.
9.2 We take payments by continuous payment authority, which means that the subscription remains active, as long as the automatic payment succeeds. If automatic payment fails, your order is put on-hold until you log in and click the “Pay” button next to the failed order on your My Account or My Account > View Subscription page to pay for the failed renewal and reactivate the subscription
9.3 You will be charged for your subscription as follows:
9.3.1 first subscription boxes ordered before the 23rd of the month will be charged the day of purchase and delivered the same month if possible.
9.3.2 first subscription boxes ordered after the 23rd of the month will be charged and delivered the following month
9.3.3 thereafter monthly subscription boxes due for delivery are billed and charged every month on the same day as the first invoice date. For example: if you subscribe for a product item on the 12th of a specific month, the subscription will be billed and charged every month on the 12 thereafter.
9.3.4 the same billing and shipping address will be used for each renewal. This is the address used on the original order. You can change that address for renewal orders to use a different address, by maintaining your customer account.
9.3.5 a Processing or Completed Renewal Order email will be sent to you as a record of the automatic payment
9.4 Payment times will vary in the approach to a bank holiday, when we may take payment up to seven days earlier. We will advise of changes to payment times in our FAQs page of the website the week before a bank holiday.
9.5 A summary is available on the My Account page. Payment services are provided by PayFast
9.6 If you would prefer to opt out from this service, please contact us on firstname.lastname@example.org.
9.7 You agree not to hold us responsible for banking charges incurred due to payments on your account.
9.8 Goods are subject to seasonal changes in supply levels and supply prices. We reserve the right to change the fees for any services at any time. We agree to notify you at least 30 days in advance of any change in fees. Please note that you can cancel at any time – see section 11 below.
9.9 Upon registering, reactivating your account, restarting regular deliveries, ordering one off boxes or changing card details, a transaction may be sent to your bank to authorise or re-authorise it and prevent fraud. This transaction will either be for a zero value, or for a ZAR1 payment which will be taken and then immediately voided. It is possible that your bank may temporarily register a ZAR0 or ZAR1 charge on your account balance.
Delivery and Return of Boxes
10.1 Boxes can only be delivered to addresses within The Republic of South Africa; this excludes PO Box addresses.
10.2 Boxes are delivered by the South African Postal Service or a private Courier Company. Proof of delivery may not always be obtained. Actual delivery times may vary for you depending on:
10.2.1 our stock availability;
10.2.2 your delivery address;
10.2.3 when you make your selection; and
10.2.4 circumstances impacting delivery by the postal service or a courier company.
We reserve the right to use alternative delivery methods without prior notification.
10.3 You will not hold us responsible for any delays, outside our control, which relate to the delivery of boxes.
10.4 It is your responsibility to report all lost or undelivered boxes online within 7 days of the expected day of delivery. Expected delivery dates are emailed the day after the box is shipped.
10.5 If you are out when it is delivered, your delivery person should leave a card at the address with information about collection or re-delivery. The postage provider will hold the box for 18 days before returning it to us and it is your responsibility to contact them to arrange receipt of the box as soon as you can. Due to the perishable nature of the food, we cannot be held responsible for refunding or replacing the box if this process has not been followed.
10.6 If you change address, you must update your address details in the relevant section of the website to ensure that boxes are not sent out to the wrong address. Please ensure this is done in time (before the end of the month) to take effect before you move as you will not be refunded or credited for any boxes posted to the wrong location.
10.7 We reserve the right to cancel your account with us if it becomes apparent that, in our sole opinion, the postal service or Courier Company in your area is too unreliable.
10.8 If you are dissatisfied with any product you receive from us, please contact our customer services team on email@example.com. Nothing in this section affects your legal rights.
10.9 We cannot guarantee delivery on a specific day and will not be held liable for delays outside of our control.
Cancellation & Suspension
11.1 You can cancel the purchase of a box at any time before the 23rd of any given month by visiting your home page and managing your account.
11.2 Cancellation must be by the website www.propersnacks.co.za. You remain responsible for ensuring that any such change or cancellation is not only transmitted by you, but received by us, in time for the deadline of the 23rd of the particular cancellation month. Cancellations received after the 23rd of a particular month will only take effect in the following month.
11.3 We reserve the right to terminate or restrict your use of our service, for any or no reason whatsoever. One reason that we may do so is if we believe that you are in breach of any obligation under these Terms and Conditions. If we terminate your use of our service as a result of a breach of any obligation under these Terms and Conditions, such termination would be immediate and may be without notice.
11.4 You have the ability to suspend your subscription, and all payments will stop for the period the subscription is suspended.
11.5 When your subscription is reactivated, the payment schedule will continue as it did before the subscription was suspended. The payment schedule is not changed based on the amount of time the subscription has been suspended. For example, if a you sign-up for a monthly subscription product on the 1st of January, then suspend your subscription on February 12th, you will not pay anything until you reactivate it. If you reactivate the subscription on May 22nd, the next payment will be charged on 1st of June, because that is the original billing date the subscription was started.
Limitations on Liability
13.1 Nothing in this clause 13 or otherwise in these Terms and Conditions shall exclude or in any way limit our liability for:
13.1.1 fraud or fraudulent misrepresentation;
13.1.2 death or personal injury caused by our negligence;
13.1.3 any other liability to the extent the same may not be excluded or limited as a matter of law.
13.2 None of these terms restrict any of your statutory rights. For further information about your statutory rights, contact your local authority Trading Standards Department or Citizen’s Advice Bureau.
13.3 Subject to clause 13.1, in no event shall we be liable to you for any business losses. Any liability we do have for losses you suffer is strictly limited to the purchase price of the relevant products and to losses that were foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us. Please note that this does not affect your statutory rights.
14.1 Your use of this website is governed by these Terms and Conditions and construed and enforced in accordance with the laws of the Republic of South Africa. Disputes arising from your use of this website and the services we provide are subject to the non-exclusive jurisdiction of the courts of the Republic of South Africa.
Assignment by Us
15.1 You agree that we may assign any of our rights and/or transfer, sub-contract or delegate any of our obligations under these Terms and Conditions. These Terms and Conditions are personal to you and you may not assign any of your rights or transfer, sub-contract or delegate any of your obligations under these Terms and Conditions.
17.1 If we delay exercising or fail to exercise or enforce any right available to us under these Terms and Conditions, such delay or failure does not constitute a waiver of that right or any other rights under these Terms and Conditions.
18.1 We will not be liable to you for any lack of performance, or the unavailability or failure, of this website or our services, or for any failure by us to comply with these Terms and Conditions, where such lack, unavailability or failure arises from any cause reasonably beyond our control.