Terms of service
Overview
Welcome to Kitchen Herbs (Pty) Ltd online shopping service.
Please take a moment to read the following terms which will apply to the use of our website and the purchase of any products from us online.
"www.kitchenherbs.co.za" ("Website") is operated by Kitchen herbs (Pty) Ltd (“Kitchen Herbs”), email infokitchenherbs@gmail.com which is the contracting party and at which physical address all transactions will be deemed to have occurred.
The complete terms under which Kitchen Herbs will interact and transact with you via the Website are constituted exclusively by these terms read together with the FAQ page, product brochure and prices, and any other terms, features or tools reflecting on the Website at the time, but excluding and third party information accessible from the Website (“Terms”). By accessing or using any part of the Website or transacting with Kitchen Herbs via the Website, you agree to be bound by these Terms.
The Terms may be updated, amended or replaced by Kitchen Herbs from time to time by a posting on the Website. The update, amendment or replacement will be effective from the time of posting without prior notice. Please ensure that you review the Terms for possible changes before using the Website in future.
By accepting the Terms, you represent that you are at least 18 years of age and a major in your state or province of residence, and you have given legal assistance to any of your minor children to use the Website.
The Terms and the publication of the Website do not constitute an offer by Kitchen Herbs to trade. The placing by you of a purchase order on Kitchen Herbs via this website will constitute an offer by you to transact with Kitchen Herbs subject to these Terms. Kitchen Herbs reserves the right to refuse any such offer. This Website should therefore not be construed as a direct marketing activity as contemplated in section 16 of the Consumer Protection Act 68 / 2008 (Republic of South Africa), and consequently there is no “cooling off” period associated with any purchase of products made via the Website. Products purchased via the Website are also not unsolicited goods as contemplated in section 21 of the Consumer Protection Act 68 / 2008 (Republic of South Africa).
Kitchen Herbs does not warrant that the Website will be permanently accessible, or that your use of it will be uninterrupted, timely, secure or error-free. You agree that your use of, or inability to use, the Website is at your own risk.
Kitchen Herbs may remove the Website for indefinite periods or cancel the Website at any time, without notice. Kitchen Hut reserves the right of access to the Website and may terminate your access to the Website permanently at its discretion without cause.
Purchase Order
The Website is an online platform from which you can place an electronic purchase order on Kitchen Herbs for the purchase of certain products displayed on the Website at prices quoted on the Website.
The Website will prompt you to make an advance electronic payment to Kitchen Herbs for the total purchase order. Once payment has been made via the Website you will receive an automated acknowledgment of receipt of your purchase order. Kitchen Herbs will thereafter process, package and deliver your order to you. The Website will also prompt you to provide certain personal information online to enable Kitchen Herbs to communicate and transact with you.
Your personal information (excluding banking information), may be transferred unencrypted and involve transmissions over various online networks and changes to conform and adapt to technical requirements of connecting to networks or devices. Banking information however will always be encrypted during transfer over networks. Kitchen Herbs employs a privacy policy but if you are not willing to accept the risk of unauthorised access to your personal information then do not use the Website.
Kitchen Herbs reserves the right to refuse or limit the quantities of any purchase order or to limit or refuse orders that, in its sole judgment, appear to be placed by dealers, resellers or distributors. In that event Kitchen Herbs will attempt to notify you.
Kitchen Herbs reserves the right to refuse or cancel purchase orders (including after you have submitted your purchase order) based on information published on the Website which is patently inaccurate for any reason.
Product
Certain products may be subject to limited supply. Kitchen Herbs does not warrant that all products displayed on the Website are in stock or are of sufficient quantity to meet every purchase order. In the unlikely event that Kitchen Herbs cannot or does not accept your purchase order your payment will be immediately refunded to you.
Kitchen Herbs may modify or discontinue a product (or any part or content thereof) without notice at any time.
Kitchen Huerbs makes every effort to display the colours and images of its products as accurately as possible, just as they would appear in reality, however it is not warranted that your computer monitor will display actual dimensions or colour accurately.
Kitchen erbs does not accept any liability to you or to any third party arising out of reliance being placed on product availability or product description or composition as stated on the Website outside of the immediate context and purpose of your purchase of the product.
Price
The prices of the products displayed on the Website are quoted and payable in Rands. Prices are subject to change without notice, however the price applicable will be the price presented on the Website at the time of placing a purchase order via the Website.
Kitchen Hut does not accept any liability to you or to any third party arising out of reliance being placed on prices quoted on the Website outside of the immediate context and purpose of the placement of a purchase order.
Payment
The transaction with Kitchen Herbs arising out of your purchase order is a cash sale. Kitchen Herbs will require payment from you together with the placing of your purchase order by way of an online electronic payment. You will require to have a valid credit card, debit card or online banking profile registered in your own name in order to make a purchase.
Delivery
Delivery of the products which you purchase via the Website will follow as soon as reasonably possible after the purchase order has been placed with Kitchen Hut. The purchase order is therefore not an advance booking as contemplated in section 17 of the Consumer Protection Act 68 / 2008 (Republic of South Africa).
Delivery of the products will take place at our actual store as soon as they have been processed and packaged for delivery. The transaction shall not be construed as one where timing of delivery is of the essence. You or your collection agent may collect the products from our store or via the Website you can select delivery to you by courier, in which case the courier will be deemed to be your collection agent. If you select courier collection via the Website, the delivery costs will be added to the price for the products. Regardless of the method, delivery will occur and ownership will transfer when the products are delivered to you, your collection agent or the courier at our store.
Kitchen Herbs does not warrant that delivery to any country outside of the Republic of South Africa will be successful or that the products (especially food stuff) will be accepted into any foreign territory as is. It is the responsibility of foreign purchasers to satisfy themselves as to the import requirements and restrictions that apply to the products in their territory before placing a purchase order on The Spice Emporium.
Kitchen Herbs will endeavour to assist foreign purchasers in this regard but the responsibility of obtaining current and accurate import information and compliance therewith shall remain with the purchaser.
Quality
Kitchen Hserbs endeavours to source and produce the most authentic materials and products of the highest quality and standards, and warrants (i) that they are suitable for their usual and ordinary purpose or otherwise for their use as illustrated in any packaging or instructions which might accompany the products; and (ii) that they will correspond in all material respects and characteristics with the description of the products published on the Website.
Kitchen Herbs warranty does not exceed the warranty stated above, and nothing may be implied or construed to the contrary.
You are invited to examine any products displayed on the Website at Kitchen Herbs actual store during its business hours before placing a purchase order or before taking delivery of ordered products.
Return Policy
If you are not completely satisfied with the products purchased via the Website or from its actual store, Kitchen Herbs will accept the return of products subject to this returns policy.
An unwanted product may be returned or exchanged provided: (i) it is undamaged and unused, with original labels attached; (ii) it is in its original packaging, which must be undamaged and unopened; (iii) it is complete and not missing any accessories or parts; (iv) it is not a product which has been customised to your specifications; (v) it is not a voucher; (vi) you email your request to “infokitchenherbs@gmail.com” within 10 business days of delivery and (vi) you bear the cost of return delivery. Kitchen Hut will replace the product or refund you with the purchase price of the product at its discretion.
If Kitchen Herbs accidentally delivers the incorrect product it will, at its discretion, collect the product from you at no charge and at your choosing. Kitchen Herbs will deliver the correct product to you (if the correct product is available) or effect a refund / credit in your favour.
Should a product be defective, damaged or missing any parts or accessories at the time of delivery / collection, please notify Kitchen Herbs within 24 hours of delivery by emailing “infokitchenherbs@gmail.com”, and Kitchen Herbs will collect the product from you at no charge. Provided the product is returned to Kitchen Herbs within 6 months of delivery, Kitchen Herbs will at its choosing repair or replace the product or refund you with the purchase price of the product.
Products will not be accepted by Kitchen Herbs as defective which present: (i) faults from normal wear and tear; (ii) damage from abuse, negligent or incorrect use or inadequate care; (iii) damage from electrical surges; (iv) damage from atmospheric corrosion; (v) damage from unauthorised alterations to the product or (vi) damage from invasive inspections of the product.
Both unwanted or defective products may only be exchanged, repaired or refunded if you present to The Spice Emporium: (i) all accessories and parts that were sold with the product and (ii) proof of purchase of the product in the form of the official sales record provided to you by The Spice Emporium, legible in every respect.
Where you have used a voucher to purchase a product that you later return for a refund in accordance with this returns policy, Kitchen Herbs will provide you with a refund in the form of a replacement voucher or an account credit.
If you return a defective product to us, but you fail to return all of the accessories and parts that were sold with that product, Kitchen Herbs reserves the right (subject to applicable law) only to replace the item that you did return, or to estimate the value of the missing accessories and parts and only to credit or refund you in respect of the returned item.
If you return a product that does not comply with this returns policy, you may be liable to reimburse Kitchen Herbs for the cost of collecting the product from you and the cost of having the product returned to you.
Refund Policy
Qualifying refunds will be deposited into the credit card which was used to pay. If an EFT was made, we will request your banking details. Refunds will be completed within 30 days of notification of refund.
Accuracy of Billing and Account Information
You agree to provide current, complete and accurate personal information via the Website (including your email address, other contact information, delivery address details, and credit card number and expiration date) and to update such information should it have changed. Kitchen Hut will not be responsible for any delay or failure in its performance, or delivery to an incorrect address due to out of date personal information.