TERMS  AND CONDITIONS AND WEBSITE USAGE POLICY

Our terms and conditions:

1.1 Contains specific conditions to limit our liability;
1.2 Inform you of our terms and conditions;
1.3 Stipulate our ordering procedure;
1.4 Informs you who we are, and provide you with our necessary contact details and information;
1.5 Informs you on how changes to our terms and conditions will be effected;
1.6 Informs you on how changes to our ordering and delivery conditions will be effected.

Please read our terms of use carefully. You should pay particular attention to these terms since they impose a limitation on  your ability to recover losses that you may incur in connection with your use of our website and ordering with us.

  1. Your use of this website and any of the services offered hereon will be subject to the then current version of our terms and conditions available on this website at the time of your use. Take note that we may change our terms and conditions and ordering procedure from time to time. If you do not accept our terms of use and conditions set out herein, or any variation thereof as from time to time, you may not access our website or use any of the services, including online ordering.
  2. If you are a minor (18 years or younger), you may not access our website or use the services available via our website, and more specifically not place any online orders with us.
  3. Take note that we may change our terms of use, ordering procedure and delivery times from time to time. Such changes will take effect as and when published on the website. Therefore, you should read these terms of use at all times prior to using this website, and or ordering online since the then current version of the terms will apply to your use and ordering.

 

GENERAL INFORMATION AND TERMS

For your convenience and peace of mind, we have listed below some information about ourselves with company details and contact numbers:

Harvest Foods is a Private Company incorporated in accordance with the laws of the Republic of South Africa with registration number 2021/383096/07

Our business details, contact numbers and email address:

082 574 9605
hp@rselog.co.za

Our domicilium citandi et executandi:

 

Definitions:

In these terms of use:

“Products” – means any goods, products and services that are made available by us via this website.

“We”, “us” and “our” means Harvest Foods (and, unless the context indicates otherwise, its owners, employees, suppliers, internet service providers, agents and affiliates).

“You” and “your” means the user of this website.

“Delivery address” means a physical address with street name and number.

“Parties” means us and you.

“Website” and “site” means www.harvestfood.ca.za

 

General Conditions of Use for this Website

  1. You are solely responsible for all telephone and data usage and/or internet access service fees and/or rental fees that may apply to your use of this website and the services offered on it.
  2. You may not:

2.1 Use this site in manner that would bring us (including our business and affiliates) into disrepute;

2.2 Use our content for your own business purposes. Talk to us and obtain written permission from us.

2.3 use this site for any unlawful and fraudulent purposes;

2.4 breach any of the conditions of use of this site,

2.5 Be in breach of any copyright and or any other intellectual property right;

2.6 Cause any damage to our software, damage data or interfere with our or any parties’ computer systems.

2.7 Use this site for any purpose other than utilizing the services in the normal scope of our business;

2.8 Transfer any material to our site.

2.9 Cede, delegate, assign, transfer or subcontract any of your obligations, duties or rights herein to any other person without our prior written consent. This includes your obligations, duties or rights in connection with the use of this website, payments of orders and taking delivery of stock supplied.

2.10 Change or replace any terms and conditions set out herein. The terms and conditions set out on our website, as from time to time, constitute the entire agreement between you and us.

  1. You must:

3.1 Ensure that every time you use this site you are aware of the terms and conditions and ordering procedures, as we reserve the right, in our sole and absolute discretion, to make changes to this site, any parts of this site, the terms and conditions of using this site, including the terms and regulations to our ordering and delivery procedures. In the event that our terms and conditions and/or ordering and/or delivery procedures has been amended and posted on our website, and you continue to use the site and/or order products online form our website, it will be deemed that you have accepted the amended terms and conditions and/or ordering and/or delivery procedures.

3.2 Confirm banking details with us before making any payments,

3.3 Secure a registered account with us before ordering from us;

3.4 Create a user name and password when registering with us.

3.5 Enter you user name and password every time you want to order online;

3.6 Keep your username and password secret, as you accept, inter alia, you will be personally liable for all transactions concluded on your account. This would not affect our right to claim from any company, partnership, trust or any other business you are representing with your username and password.

3.7 Take into account the delivery times set out herein when ordering with us.

3.8 Accept that these terms of use shall override any contrary terms or conditions incorporated by you in your communications with us and any such conflicting terms or conditions will not form part of the agreement concluded between us.

3.9 Accept that we will be excused, without any legal recourse available to you, from a failure to perform or delay in performance of our obligations hereunder if and to the extent that circumstances outside our reasonable control prevent or delay such performance.

  1. We do not:

4.1 Endorse any services, events, products and information posted, advertised, promoted or listed other than the products or services we supply ourself, and any display of any such services, events, products and information should not be construed as any endorsement thereof.

4.2 Control the use of this website by you. Any use and downloading of data on this site is done at your sole discretion. We advise that you should independently verify any and all information provided on or via this site. This site may contain links to other sites, and other third party sites may contain links to our site. We do not have control over third party websites, the contents thereof or any services they may offer. Any link to and from our website is not an approval or endorsement of their products and services.

4.3 Guarantee absolute security of information (i.e. personal or business details, credit card and banking details etc.) that is provided and transmitted to us or from us to you or any other person or business. We will implement reasonable security measures to protect such information.

4.4 Guarantee computer viruses or code which may have a harmful effect on your computer and/or software system could not be transmitted to you by using our website. It is your responsibility to ensure and implement suitable protection mechanisms to prevent such harm from occurring.

4.5 Guarantee access to our website and the availability of products for online ordering. Access to our website is free of charge. Reliance on the use of our website and our ordering system, delivery of products and delivery times, and all other services we provide are at your risk, and in no event will we be liable to you or your customers or any other person whatsoever for any loss or damage (including but not limited to contract, statute or delict, including negligence) you or they may suffer arising in connection with your reliance on or use of this site or the services provided by us, save to the extent that such liability cannot be excluded by applicable law or where the contrary is expressly stated herein.

4.6 Except for the express warranties set forth in this terms and conditions, or any future terms and conditions, if any, or in respect of any of the products, or the written product information which we issue in conjunction with any of the products, we makes and you receives no warranties, whether expressed or implied, regarding the merchantability, fitness for a particular purpose or characteristics of any of the products. We shall not be liable to you, your customers, or any other person for any loss or damages arising from the use or resale by you to any customer or other party of any of the products, and you indemnifies and holds us harmless against any claims for loss, damages, cost or expenses arising out of or in connection with the use of this website, the ordering and/or delivery of the products and the products itself.

  1. We do:

5.1 Own, or have permission to use, all proprietary rights, which include without limitation copyright, patent rights, trade marks, trade secrets and recipes in the components of this site, advertise material and products. All collective works and derivative works belongs to us and/or our licensors and my not be infringed upon.

5.2 As mentioned above, reserve the right, without notice, to make changes to this website or any parts of this website. We may do this at our sole and absolute discretion. We further have the right to discontinue, without notice, this website, services and products or any part thereof.

5.3 Have to protect our business, website and systems. Take note that we may monitor and keep records of any order and/or other communication that you may send to or receive via our website. You further agree that we may use, disclose and publish such communications for any lawful purpose. This may include our filtering of incoming and outgoing electronic data messages to limit and/or prevent the transmission of undesirable or unlawful material or content.

5.4 Have the right to cede, delegate, transfer and assign our rights, obligations and duties hereunder to any other person.

 

Complaints and General

Efficient customer service and satisfaction is very important to us. Please do not hesitate to contact us if you feel you have cause to complain. We will try our utmost best to resolve any problems. In order to assist us to give the necessary attention to your complaint, provide us with the following:

  1. Your full name, physical address, telephone number and email address, and if applicable the business you are representing in your complaint.
  2. Specifics on your problem with the service or product which is the cause of your complaint.
  3. A singed statement confirming that the information provided is true, correct and current.
  4. If your complaint is about an order or delivery, please provide us with order number and date.

 

ARBITRATION

Any dispute, difference or question which may arise at any time between you and us concerning the true construction of this terms and conditions, or any amended terms and conditions, or the rights and liabilities of the parties must, except as provided for below, be referred to the decision of a single arbitrator in Cape Town to be agreed upon between the parties or, failing such agreement within 14 (FOURTEEN) days of the date of the referral of the dispute to be appointed at the request of either party by AFSA in accordance with, and subject to, the provisions of the Arbitration Act 42 of 1965 or any statutory modification or re-enactment thereof for the time being in force.

1.1 Such arbitration proceedings shall be instituted by either party giving the other party a written notice, delivered to the domicilium address, setting out the nature of the dispute and requesting that such dispute be determined by an arbitrator.

1.2 The parties shall immediately, after such a notice has been sent by the referring party and received by the opposing party, attempt to resolve such dispute by mediation to be conducted under the auspices of a mediator appointed by the parties. The further arbitration proceedings provided for hereunder shall be held in abeyance for a period of 21 (TWENTY-ONE) days, or such longer period as the parties may agree to in writing, while attempts are made to resolve the dispute through mediation.  The procedure to be adopted at such mediation, whether such mediation shall be conducted remotely or inter partes, and the identity of the mediator shall be agreed upon the parties or, failing such agreement, shall be as determined by AFSA.

1.3 The arbitration proceedings shall be held at Cape Town and conducted in such manner as regards the exchange of pleadings, the discovery of documents and all other procedural issues as may be agreed upon by the parties or, failing such agreement, as directed by the arbitrator. Subject to any such directions and/or agreement, the arbitrator shall determine the issues pertaining to the manner in which the arbitration is to proceed and the procedure to be adopted in such arbitration.

1.4 The decision of the arbitrator shall be binding on the parties, unless such arbitration is set aside by a court having jurisdiction, on any of the grounds set out in Section 33 of the Arbitration Act of 1965.

1.5 Despite these provisions, either party shall be entitled to approach the court having jurisdiction for interdictory relief, in the event that such party alleges that such party has suffered or will suffer harm which cannot be adequately remedied by the arbitration proceedings set out herein. The question of whether any such irreparable harm is established is to be decided by the court in which such urgent interdictory proceedings are instituted.

1.6 You agree to accept service of legal process at the addresses you may provide to us when you use or subscribe to our website services.

 

APPLICATION OF SOUTH AFRICAN LAW

Use of this website and the construction, validity and performance of this terms and conditions, will be governed in all respects by the law of the Republic of South Africa.

Our failure to enforce any term, conditions or provision on these terms and conditions strictly will not be construed as a waiver of any provision or right.

In the event that a competent authority finds any portion of this terms and conditions unenforceable or invalid, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in force and effect to the fullest extent permitted by law.

 

ORDERS AND DELIVERY

All orders placed through this website are subject to confirmation and acceptance Harvest Foods.

All prices are inclusive of VAT.

As mentioned above, confirm our banking details before making payment to us.

Harvest Foods or its agent will deliver the goods you order, subject to availability, to the address you specify in your order, within the agreed time frame. In cases of unavailability, Harvest Foods will contact you with alternative options. Anyone at the delivery address who receives the goods will be presumed by Harvest Foods to be authorised to receive the goods. You must ensure that a person over the age of 18 is available to accept delivery of the goods. If there is no one at the delivery address or no one of appropriate age to receive the order, Harvest Foods may charge you additional delivery fees.

An agreement of sale between Harvest Foods and a customer is only valid once payment has been made and we have received the cleared funds in our bank account provided. Direct deposits and EFT payments must be cleared before dispatch and/or release of any products. Up until such time the payment has been cleared, all goods will remain the property of Harvest Foods, notwithstanding confirmation of an order received.

Once payment has been made by the customer for an order, the order can be cancelled, but a cancellation fee will be payable by the customer in an amount equal to 20% of the total Tax Invoice amount. The customer will also be responsible for any return cost with regards to returning the products to Harvest Foods. Products must be returned in its original sealed packaging and without any damages.

If a product is damaged when you receive it, you must inform Harvest Foods within one working day of receiving it. We will make arrangements for a replacement product to be sent to you on our account or to refund you in full for the damaged product. Upon receipt, we will inspect the items and if it is in its original sealed state, we will refund you the value of the products within 30 days thereof. If the products are opened or used by the customer, Harvest Foods will not be held responsible for issuing a refund.

If you receive the wrong product you must contact Harvest Foods within ten working days. We will check our system to see whether a miss pick has occurred. If there was a miss pick we will arrange to swap the ‘wrong’ product for the one actually ordered on our account.

The terms and conditions set out herein constitute the entire agreement between you and us, and no variation thereof will be binding unless reduced to writing and signed by both parties. As set out above you may not amend or replace any terms and conditions by yourself.

Deliveries

Subject to availability and receipt of payment, orders will be processed and delivered within 2 to 5 working days. All orders are dispatched via different outlets, depending on stock availability.

Deliveries will be made Mondays to Fridays 08h00 – 17h00.