TERMS & CONDITIONS
1.1. The term “website” shall mean the website that is accessed through www.nutmania.co.za, (the “Website”) and is owned and operated by NUTMANIA CC: CK2002/039868/23 (“Company”, “we”, “us” and “our”).
1.2. The website’s Terms and Conditions (“Terms and Conditions”) govern the ordering, sales and delivery of goods, and use of the website are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers on the site as contemplated below (“registered user”). By accessing the website and by registering and/or signing up to use the website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
1.3. The Website enables you to shop online for an extensive range of goods (range of nuts, processed nuts, dried fruit, various fruit products, seeds and sweets), herein referred to as (“ the Goods”).
1.4. Please note that “Day(s)” referred to in these Terms and Condition or on the Website are to be deemed “Business days”, unless otherwise specified.
1.5. NUTMANIA draws to your attention that all goods are consumables. These goods may vary in colour, size, shape and appearance from the specifications and image on the site. NUTMANIA will specify and advertise goods to the best of their ability but NUTMANIA is not liable if same varies.
1.6. You warrant by using and/or accessing the Website that you are 18 (eighteen) years of age or older and that you are of full legal capacity. If you are under 18 (eighteen) years of age you are not permitted to legally enter into a binding agreement. You are permitted to use the Website only with the supervision of your parent or legal guardian. If in the instance where your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you, and all your resultant obligations under these Terms and Conditions.
1.7. You are not allowed in any way to use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. Furthermore, you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Company representative.
1.8. You are not allowed to, in any way copy, post, display, print, publish or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Company representative. You are not allowed to use the Website to distribute material which is offensive, defamatory, contains or amounts to hate speech or would otherwise be deemed to be unlawful.
1.9. NUTMANIA can, at any time, at its sole discretion, and for any reason deem fit, and without prior written notice, terminate or suspend the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
1.10. The failure to complete any form or part thereof by you or NUTMANIA or to enforce any rights in terms hereof shall not constitute a waiver of that right. No relaxation, indulgence, latitude, extension of time or relaxation which any party (the “grantor”) may show, grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s right and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
- Amendments to these Terms and Conditions
2.1. NUTMANIA can, in or at its sole discretion, amend any of these Terms and Conditions at any time. The onus is on you to regularly check the Terms and Conditions to ensure that you are satisfied with any of these amendments. Should it be that you’re not satisfied, you should not place any further orders on, or in any other way use, the Website. These amendments will apply to your use of this Website after the change is displayed on the Website. Your use of the Website after such amended Terms and Conditions have been displayed on the Website, shall be deemed to be your acceptance of such amendments.
2.2. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless they are made in writing and accepted by or on behalf of the parties hereto.
2.3. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
2.4. These terms and conditions contain the whole agreement between you and NUTMANIA and no other warranty or undertaking is valid, unless contained in this document between the parties.
- Consumer Protection Act
3.1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”). These Terms and Conditions contain provisions that appear in similar text and style to this clause and which:
3.1.1. serves as an acknowledgement, by the user, of a fact and/or
3.1.2. may limit the risk or liability of NUTMANIA; and/or
3.1.3. may compel the user to indemnify NUTMANIA; and/or
3.1.4. may create risk or liability for the user.
3.2. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or NUTMANIA in terms of the CPA.
3.3. These Terms and Conditions are very important and should be carefully noted. Your attention is drawn to them as of great importance.
3.4. NUTMANIA permits the use of this Website subject to the Terms and Conditions. You are not permitted to use this Website if you do not agree to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally.
3.5. If any provision in these Terms and Conditions are of the extent that you do not understand them, the onus is on you to ask NUTMANIA to explain it to you before you accept the Terms and Conditions or continue using the Website.
- Availability and Termination
4.1. We will utilise reasonable attempts to maintain the accessibility of the website, except during scheduled maintenance periods, and reserve the right to discontinue the use of the Website or any part thereof with or without notice to you.
4.2. NUTMANIA may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that NUTMANIA will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time and to the extent possible.
4.3. If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, and you fail to remedy such failure within 7 (seven) days of notice to you by us, this may (in our sole discretion) lead to a suspension of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
- Returns Policy
5.1. Unwanted Products
Due to the nature of the goods sold we are unable to accept returns of any consumable products. By accepting these Terms and Conditions you acknowledge that you understand that the goods you are purchasing are of a consumable nature and such items due to the natural nature and purpose, are non-refundable nor will you be able to return same.
If the Goods you received were delivered to you accidentally and/or, the incorrect Goods were delivered to you please notify us as soon as possible. Once we have inspected the Goods and validated your return, NUTMANIA will, deliver the correct product to you as soon as possible to a destination of your choice in line with our Terms and Conditions (if the correct product is available); or credit you with your money back with the purchase price of the product within 15 (fifteen) days of the return if there is no availability.
5.2. Goods damaged on delivery
5.2.1. Should a product be damaged at the time of delivery (receiving), please notify us of such delivery by logging a return with us. Once we have inspected the product and validated your return, we will, at your choice, replace the product as soon as possible (only if replacement is possible) or refund you with the purchase price of the product. Credits and refunds are normally handled within 8 (eight) days of logging the return (bear in mind that refunds can take 7-15 (seven to fifteen) working days to reflect in your account). Replacements may take longer, depending on replacement availability. The refund is not guaranteed and is granted at the sole discretion of NUTMANIA.
5.2.2. Furthermore please note that, if NUTMANIA is of the opinion that the damage to the product was caused to the due negligence of the courier company, NUTMANIA holds the right not to bear any liability due to such negligence and your claim will be against the courier company that caused the damage.
- Registration on the Website
6.1. Only registered users may order Goods on the Website.
6.2. You agree that your account will be used solely for your own personal use and you will not disclose any of your information regarding your account nor allow any third party to use your account.
6.3. You agree that if you place an order using your registered account, irrespective of whether the use of the account is unauthorised or fraudulent, you will be liable for the transaction made under such account and deemed to have entered into a valid sales agreement in accordance with these Terms and Conditions.
6.4. You agree to notify NUTMANIA immediately upon becoming aware of or reasonably suspecting any unauthorised access to your account and to take steps to mitigate any resultant loss or harm.
- Concluding a Purchase and Availability of Stock
7.1. Registered users may place orders for Goods, which NUTMANIA may accept or reject. Whether or not we accept an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation, the price) and receipt of payment or payment authorisation by NUTMANIA for the Goods.
7.2. NUTMANIA will indicate the acceptance of your order by delivering the Goods to you, and only at that point will an agreement of sale between you and NUTMANIA come into effect (the “Sale”). This is regardless of any communication from NUTMANIA stating that your order or payment has been confirmed. NUTMANIA will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid by you.
7.3. Prior to delivery of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. Before dispatch of the Goods, you may cancel the Sale only in accordance with the Returns Policy stated above in clause 5.
7.4. You acknowledge that stock of all Goods on offer is limited. In the case of Goods for sale by NUTMANIA, NUTMANIA will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after placing an order, NUTMANIA will notify you and you will be entitled to a refund of the amount paid by you for such Goods.
7.5. Please note that NUTMANIA holds the right to suspend any transaction if NUTMANIA believes that such transaction is against the policies of NUTMANIA, and the onus will be held by you to prove otherwise.
7.6. By accepting these Terms and Conditions you agree and acknowledge that you will adhere to NUTMANIA’s policy and/or Terms and Conditions as set out herein. It is brought to your attention that a MAXIMUM of 8 kilograms per customer (an individual in the normal sense of the word) per order is allowed and NUTMANIA holds the right to suspend sales of goods due to NUTMANIA’s right to limit supply.
- Delivery and Shipping of Goods
8.1. NUTMANIA nominates FASTWAY Couriers (or such other courier service that Nutmania may appoint from time to time) as their primary form of delivery of goods to you and all its Terms and Conditions regarding their services apply.
8.2. NUTMANIA draws your attention to Terms and Conditions of the nominated courier. Please see details of the delivery and shipping on www.fastway.co.za
8.3. NUTMANIA will indicate the delivery charge as an extra amount on your invoice and or receipt. This delivery cost is an extra amount for this supply and will not be included in the product and or services NUTMANIA offers on this online retail facility.
8.4. Some items may carry additional delivery fees based on the fact that some goods may be heavy/large and/or have to be delivered to remote locations (delivery outside the major cities), such additional delivery fees will be extra and same will be communicated if same is applicable.
We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of any nature whatsoever on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save for – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy as per clause 5.
10.1. We respect your privacy and will take all reasonable measures to protect it.
10.2. Should you decide to register as a user on the Website, we may require you to provide us with personal information which includes but is not limited to :
10.2.1. Your name and surname;
10.2.2. Your email address;
10.2.3. Your gender;
10.2.4. Your mobile number; and
10.2.5. Your date of birth
10.3. Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.
10.4. You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
10.5. Subject to clause 10.6 below, we will not, without your expressed consent:
10.5.1. use your personal information for any purpose other than as set out below:
10.5.2. in relation to the ordering, sale and delivery of Goods;
10.5.3. to contact you regarding current or new Goods or services or any other Goods offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us);
10.5.4. to inform you of new features, special offers and promotional competitions offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us); and
10.5.5. to improve your experience on our Website by, inter alia, monitoring statistical non-personal browsing habits, and to transact with us; or
10.5.6. disclose your personal information to any third party other than as set out below:
10.5.2.1. to our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Goods or when delivering Goods to you, and thus require your personal information in order to assist us in communicating with you properly and efficiently; or any associated party of NUTMANIA.
10.5.2.2. to our divisions and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us).
10.6. We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, order of court or legal process served on us, or to protect and defend our rights or property.
10.6. We will ensure that all of our employees, third party service providers, divisions and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations (save as permitted herein) in relation to your personal information.
10.7. We will –
10.7.1. treat your personal information as strictly confidential;
10.7.2. take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
10.7.3. provide you with access to your personal information to view and/or update personal details;
10.7.4. promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
10.7.5. provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request;
10.7.6. upon your request, promptly return or destroy any and all of your personal information in our possession or control; and
10.7.7. not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
10.8. NUTMANIA undertakes never to sell or make your personal information available to any third party other than as provided for in this policy, unless we are compelled to do so by law. In particular, in the event of a fraudulent online payment, NUTMANIA reserves the right to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
10.9. Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
10.10. If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than NUTMANIA, NUTMANIA shall not be liable for any loss or damage, howsoever arising, suffered by you as a result of the disclosure of such information to the third party. This is because we do not regulate or control how that third party uses your personal information.
- Linked third party websites
11.1. This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and NUTMANIA is not responsible for the practices and/or privacy policies of those Third Party Websites or the “Cookies” that those sites may use.
11.2. Withstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
12.1. NUTMANIA hereby selects 137 Eloff Street Extension, Selby, Johannesburg, 2001 as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“nominated address”). NUTMANIA may change this address from time to time by updating these Terms and Conditions.
12.2. You hereby select the address specified on the Goods order form as your nominated address, but you may change it to any other physical address by giving NUTMANIA not less than 7(seven) days’ notice in writing.
12.3. Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –
12.3.1. by hand will be deemed to have been received on the date of delivery;
12.3.2. by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
12.3.3. by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and
12.3.4. by email will be deemed to have been on the date indicated in the “read receipt” notification. All email communications between you and us must make use of the “read receipt” function to serve as proof that an email has been received.
- NUTMANIA information
For the purposes of the Electronic Communications Act 36 of 2005, NUTMANIA’s information is as follows, which should be read in conjunction with its Goods descriptions and other terms and conditions contained on the Website:
13.1. Full name: NUTMANIA CC, a company registered in South Africa with registration number 2002/039868/23
13.2. Main business: NUTMANIA is an online retailer/wholesale to retailers and supply, directly/indirectly to their customers of a range of Goods and service.
13.3. Physical address for receipt of legal service (also postal and street address): 137 Eloff Street Extension, Selby, Johannesburg, 2001 (marked for attention: Management and Legal)
13.4. Phone and or Facsimile number: 011 493 8303
13.5. Official email address: firstname.lastname@example.org
- Electronic communication
- Ownership and copyright
15.1. The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of NUTMANIA, its advertisers and/or sponsors and/or is licensed to NUTMANIA.
15.2. You will not acquire any right, title or interest in or to the Website or the Website Content.
15.3. Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact our Admin Manager at [011 493 8303] or e-mail [email@example.com].
15.4. Where any of the Website Content has been licensed to NUTMANIA or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
16.1. The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
16.2. Whilst NUTMANIA takes reasonable measures to ensure that the content of the Website is accurate and complete, NUTMANIA makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website.
16.3. NUTMANIA disclaims liability for any damage, loss or liability, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
16.4. Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
16.5. Any views or statements made or expressed on the Website are not necessarily the views of NUTMANIA, its directors, employees and/or agents.
16.6. In addition to the disclaimers contained elsewhere in these Terms and Conditions, NUTMANIA also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of NUTMANIA, its employees, agents or authorised representatives.
16.7. NUTMANIA thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
- Limitation of liability
17.1. NUTMANIA cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of NUTMANIA, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of phone to [011 493 8303] or email [firstname.lastname@example.org].
17.2. NUTMANIA shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the website or the content contained in the website; or your inability to use the website, and/or unlawful activity on the website and/or any linked third party website.
17.3. You hereby indemnify NUTMANIA against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this website and/or any linked third party website.
- Governing law and jurisdiction
18.1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
18.2. In the event of any dispute arising between you and NUTMANIA, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
18.3. Nothing in this clause 18 or the Terms and Conditions limit your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.