Food Merchant - Terms & Conditions

Welcome to the Superior Dry Foods (Pty) Ltd trading as “Food Merchant” (“Merchant”) website (“Website”). Please take a moment to read these online shopping terms and conditions including Merchant’s policies (collectively the “terms”) to understand how they apply to you the customer (“you”) and your use of Merchant’s Website and any Merchant products (“Products”) or services (“Services”) that you may order online.

These terms apply to all purchases made online from the Website. Please read these terms carefully and ensure you understand them. Use of and/or registration on any aspect of the Website will constitute your agreement to comply with these terms. Important clauses, which may limit Merchant’s responsibility or involve some risk for you, are reflected in blue. Some of these provisions have the effect of limiting your rights in law and conferring obligations on you by virtue of your agreement to these terms. You agree to pay special attention to these clauses.
If you have any questions regarding Merchant’s Website, the terms, Merchant products (“Products”) or services (“Services”), please contact us.

Amended or updated terms

We may periodically update or change the Terms without notice. You should check them from time to time, as your continued use of our Website will mean you accept any updated or revised Terms.

Law and arbitration

This agreement is governed by the laws of the Republic of South Africa. Any dispute arising in relation to our agreement with you shall, to the extent permitted by law, be referred to arbitration in Johannesburg at a venue to be determined by us applying the Uniform Rules of the High Court of South Africa.

Online Registration

Registration as a purchaser on the Website is free and does not oblige you to purchase anything. You must register with us before placing your first order online. Please register here.

Registration and/or use of Merchant’s Website constitutes your acceptance and agreement to be bound by the terms of Merchant’s Website. To register you will be required to provide certain personal information which is protected by Merchant’s Privacy Policy. When registering with us you will be required to provide an email address and a password which will be used as your username and password for the Website. Please keep your password private as Merchant accepts no liability for any damages suffered or losses incurred from the use or misuse of your account.
You will be required to enter your username and password each time you visit Merchant’s Website. To amend any registration particulars please click on “My Profile” where you can edit your details. When registering as a purchaser you are required to provide Merchant with complete and accurate information about yourself. By doing so you warrant that the information provided is correct. Upon acceptance of your registration, an email confirmation of your registration as a purchaser will be transmitted to you. Transmission times depend on your Internet Service Provider (ISP), but it typically takes less than 10 (ten) minutes to receive the email confirmation. If you do not receive the email confirmation, you should contact us.

Use of our Website outside South Africa

Customers who are not resident in South Africa are welcome to use our Website in accordance with these Terms to make online purchases provided that the delivery address is in South Africa.

Products

Product Images and Representation

We have made every effort to display the Products on the Website as accurately as possible, including:

  • the images that represent a visual depiction of the Product
  • features and descriptions that pertain to the Product;

The actual Product delivered may be subject to variations in appearance, as Product packaging may differ over time. It remains the responsibility of the customer to ensure that the Product he/she ordered is correct, and the Product description and/or model number will always overrule any related images when resolving a dispute about a Product.

As the actual colours you see will depend on your computer’s monitor Merchant cannot guarantee that your monitor’s display of any colour will be accurate.

Product Pricing, Availability and Delivery

The products displayed on the Website are subject to availability and will be delivered within the Republic of South Africa only, within the areas as determined by Merchant. Available delivery areas are identified at the checkout process when the delivery address is entered, and it remains the responsibility of the customer to ensure the delivery address, including the suburb and postal code, is correct.

All prices displayed on the Website are valid and effective only in the Republic of South Africa for the day that they are viewed and do not constitute an offer. Merchant reserves the right, without prior notice, to discontinue or change pricing or specifications of products and services offered on this Website without incurring any liability whatsoever.

Merchant cannot guarantee availability of stock but will endeavour to source stock where possible to fulfil your order. Where items cannot be delivered, Merchant will endeavour to contact the customer based on the information provided at registration and offer either the option to cancel the order or reduce the quantities, where applicable. If Merchant is unable to supply each and every item ordered or in the quantities ordered and cannot contact the customer, the customer nevertheless agrees to accept delivery and make payment for the items correctly delivered.

For online purchases, customers will be charged the prices that are reflected on the Website, subject to availability and save where “Inadvertent and Obvious Errors” have occurred. The prices include Value-Added Tax. Special promotions may be subject to certain conditions, including stock availability and limited-offer stipulations.

Inadvertent and Obvious Errors

Whilst all precautions are taken by the Company to provide the correct information on the website, in the event that we identify an inadvertent and obvious error in the price, product or service description, images and any other relevant content, Merchant is not obliged to provide you with the affected product or service.

Merchant will make every effort to contact you to alert you of the error. In such circumstances you are entitled to cancel the purchase and we will provide a full refund for the amount paid.

We appreciate that customers may use the Merchant website to research pricing before visiting one of our physical Merchant stores. However, please note that pricing on the Merchant website does not constitute an offer by any of our physical Merchant stores. To avoid disappointment, we therefore recommend that pricing and stock availability is confirmed with the respective Merchant store prior to visiting the store.

Use of our logos, content, and images

You are not permitted to use the content of our Website, our logos or any product or other images that appear on our Website without our prior written consent. Unauthorised use, reproduction, modification and/or distribution is strictly prohibited and constitutes an infringement of our or our licensors’ intellectual property rights.

Advertising and hyperlinks

External hyperlinks may appear on our Website. The hyperlinks may not be construed to constitute any relationship between us and any linked third party or any endorsement by us of such third party, and use of or reliance on any external links provided is at your own risk. Advertising and other promotional material of third parties may appear on our Website from time to time. We do not endorse such third parties or their products and/or services. Your reliance on any information contained in such material is entirely at your own risk.

Orders

Confirmation of Orders

Orders placed online constitute your offer to purchase subject to these terms. On receipt of your order we will send you an email describing the products and services you have ordered. These communications confirm we have received your order, but do not represent any acceptance of your offer to purchase products or services from us. We are not legally obliged to provide the products and services to you during the offer process.

Cancellation

If for any reason you would like to cancel an order, this may be done by contacting Merchant’s Customer Services Centre on +27 (0) 11 540 0145. You will only be able to cancel orders up to midnight on the day prior to the date of delivery. Merchant reserves the right not to refund the delivery in respect of any late cancellations. If you cancel your payment for any reason, or if your payment method should cease to be valid for whatever reason, you will nevertheless be bound to pay to the full purchase price, including all costs incurred by us relating to the recovery thereof. Without prejudice to any other rights or remedies in law, Merchant reserves the right to cancel forthwith any sale and/or your registration in the event of your breach any of the terms.

You may return a Product, at your cost, to any Merchant store provided you have the original invoice/proof of purchase and have complied with the required terms and conditions of Merchant’s Returns Policy.

Delivery and Store Collection

Delivery

A delivery fee will be charged for each delivery order placed by you. Merchant delivers from Monday to Friday, 08h00 till 17h00 and does not deliver on a Saturday, Sunday and any South African public holiday. Items are delivered in 2 (two) to 5 (five) working days if there are no unexpected delays. Should it be unavoidable for us to exceed these delivery times, you will be notified either telephonically or electronically.

Merchant delivers to registered customers within certain specified delivery areas. Deliveries to outlying areas shall attract an additional surcharge that will be calculated on checkout. An outlying area refers to a suburb or town that falls out of any regional town/city or main centre. Outlying areas include farms, mines and townships.

On delivery of the order to the specified delivery address, you will receive Merchant’s delivery note showing the items delivered. For verification purposes, the person accepting delivery at the delivery address will be required to produce a form of identification. Any person other than yourself who receives the Products at the delivery address is presumed to be authorised to accept delivery on your behalf. Should no-one attend the delivery address specified by you at the time of delivery, the driver will return the Products and leave a notice at the delivery address to that effect. The courier company will attempt to contact you to make new arrangements for delivery. Merchant reserves the right to charge an additional delivery fee should it be required under these circumstances. Our sole liability for failing to deliver the Products timeously is limited to delivery being effected at a later agreed time at no additional charge.

Please arrange that you or your authorised representative, who is a responsible person, is available to accept your purchases at the delivery address and that appropriate access will be made available. On delivery, Merchant will require you or your authorised representative to sign and print your or their name on a duplicate copy of the delivery note, to confirm receipt. Merchant have outsourced all deliveries and accordingly, cannot, to the extent permitted by law, be liable for any damage suffered or loss incurred by reason of any acts or omissions of the courier.

Delivery Confirmation

Merchant will indicate its acceptance of your order by delivering the products to you or allowing you to collect them, and only at that point will a contract between you and Merchant be completed. This is regardless of any communication from Merchant stating that your order or payment has been confirmed. Merchant will indicate its rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid. Any products or services on the same order which have not been dispatched/delivered to you will not form part of that contract between you and Merchant. Delivery dates are estimates only, and as we process your order, we will inform you if any products or services on your order turn out to be unavailable or delayed for any reason. We have outsourced all delivery and collection arrangements to third party service providers. Accordingly, we cannot, to the extent permitted by law, be liable for any loss or damage caused by them.

Store Pick-up/ Collection

Being a virtual shop, there is no store pick-up/collection.

Payment

Methods of Payment

Prior to delivery or confirmation from us for collection of the Products by you, Merchant shall be entitled to debit the credit card supplied by you on acceptance of your order should you be paying with a credit card. Should the customer pay for the Products via EFT, the order will only be processed once Merchant have received successful confirmation of payment.

We will debit the total value of your online order against the payment card tendered by you during the checkout process. Payment will be effected on acceptance of your order and prior to delivery. By submitting your order, identity number and payment card details you warrant that you are over the age of 18 (eighteen), are authorised to make payment with the payment card and that there are sufficient funds available to pay for the order.

3D Secure

When using your credit card for online shopping on the Website, Merchant will attempt to use 3D Secure as an additional security measure if your issuing bank supports it. 3D Secure will authenticate your personal details and will authorise payment for online shopping. If your issuing bank supports 3D Secure but you have not activated it, you will be redirected during the payment process to set it up.

Refunds

Merchant will refund a purchase for the exact amount paid less the following:

  • any delivery costs already incurred by Merchant;
  • any restocking fee for special orders

Refunds will only be processed onto the payment method that was used when the order was created, and into the account it was paid from e.g. credit card, EFT or eBucks.
A refund can take up to 7 business days to reflect in your account, and EFT refunds are subject to verification of your banking details.

To verify your banking details, you will be required to supply the following information:

  • Proof of Payment;
  • ID number (not a copy of the ID) OR Company Registration number;
  • Proof of banking details.

Alternatively, you can receive your refund as an SMS voucher. The SMS voucher is not a cash refund, but a voucher sent via SMS that can be used at any Merchant store. To receive your refund as an SMS voucher, you need to confirm this request and confirm the cell phone number to which the voucher should be sent.

For more information, please refer to Merchant’s Returns Policy.

Disclaimers and exclusions of liability

Use of our Website is entirely at your own risk. We make no representations or warranties of any kind, whether express or implied. We do not warrant that the functions provided by the Website will be uninterrupted or error free, or that the Website or the server that makes it available are free from viruses or other harmful components. We accept no liability, to the extent permitted by law, for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused arising from the access or use of our Website or the purchase of any of our products or services. You agree, to the extent permitted by law, to indemnify us against any loss or damage suffered or liability incurred by reason of any act or omission on your part or that of any third party acting on your behalf in connection with your use of our Website and/or your purchase of any products or services. Notwithstanding any other provisions contained herein, our liability arising from any breach of these Terms, negligence or otherwise shall not at any time exceed more than double the monetary value of any order placed via this Website.

Indemnification

You hereby indemnify Merchant and its affiliates, employees, agents, representatives and third party service providers, and hereby defend and hold each of them harmless from any and all claims and liabilities (including legal costs on the attorney-client scale) which may arise from your submissions, from your unauthorised use of material obtained through the Website, or from your breach of this Agreement, or from any such acts through your use of the Website.

Risk and Ownership

Risk in the Products shall pass to you by acceptance of the Products by your authorised representative on delivery. Merchant will retain ownership in the Products until payment has been received in full.

Intellectual Property

All intellectual property rights, including copyright, in all materials, including trademarks, logos, photographs, images, text and other graphics which form part of the Website are owned by Merchant alternatively Merchant is the lawful licensee thereof. Such rights are protected by both South African and international intellectual property laws. All data and information communicated to or from the Website and/or any Website information as well as the database is the sole property of Merchant.

Furthermore, you agree to sign all documents as we may reasonably require in order to assign any rights that you may acquire in the content of our Website. You agree also to waive any moral rights in such content. You are permitted to view, print or store electronically a copy of any information on our Website, including these Terms, solely for your personal, lawful, non-commercial use. Unauthorised use, reproduction, modification and/or distribution is strictly prohibited and constitutes an unlawful infringement of our intellectual property rights.

Collection of Cookies

By using this site, you agree to Merchant’s Privacy and Cookies Policy. A cookie is a piece of information that is deposited on your computer’s hard drive by your web browser when you use Merchant’s computer server. The cookies enable us to recognise you and give us information about your previous visits. Most browsers accept cookies automatically, but usually you can alter your settings to prevent automatic acceptance. If you choose not to accept cookies, this may disable some of the features of Merchant’s Website. The information that Merchant collect and may share with Merchant’s advertisers is anonymous and not personally identifiable. It does not contain your name, address, telephone number or email address.