Terms and Conditions

These terms and conditions govern the use of https://durbanvillecoffeeroastery.co.za (“the website”) and the purchase of any goods from it. This website is owned and operated by Durbanville Coffee Roastery (Pty) Ltd

Durbanville Coffee Roastery (Pty) Ltd is a coffee roastery in the business of marketing roasted coffee beans via a web-based gift registry, sourcing and selling coffee beans for both private and corporate use and sourcing and supplying coffee for private customers.

By accessing, using or browsing the website you agree to be bound by its terms, conditions, disclaimers and limitations of liability. (“Terms and Conditions”). Durbanville Coffee Roastery (Pty) Ltd may at any time revise the Terms and Conditions by updating this web site without providing notice to you. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions.

You understand and agree that your use of the website is at your sole risk. The website is provided on an “as is” and “as available” basis.

Durbanville Coffee Roastery (Pty) Ltd and any of its directors, officers, employees, consultants or shareholders make no representations or warranties of any kind, express or implied, as to the operation of the website or the information, content, materials, or products included on the website. Durbanville Coffee Roastery (Pty) Ltd does not warrant that this website, its servers, or email sent from Durbanville Coffee Roastery (Pty) Ltd are free of viruses or other harmful components.

To the fullest extent permitted by applicable law, Durbanville Coffee Roastery (Pty) Ltd disclaims all representations and warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and non-infringement.

You acknowledge and agree that, subject to the section dealing with “Limitation of Liability”, Durbanville Coffee Roastery (Pty) Ltd will not be liable to you or any other person for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for product liability, personal injury or negligence resulting from use of goods or services supplied to you, or on behalf of you, through the website.

Any liability of Durbanville Coffee Roastery (Pty) Ltd or Durbanville Coffee Roastery (Pty) Ltd’s associates in connection with goods or services supplied to you will, subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, at the election of Durbanville Coffee Roastery (Pty) Ltd be limited to:

In relation to goods
The replacement of the goods
The supply of equivalent goods
The payment of replacing the goods
The payment of the cost of equivalent goods
In relation to services
The supplying of the services again; or
The payment of the cost of having the service supplied again

This website is governed by the laws of South Africa and Durbanville Coffee Roastery (Pty) Ltd chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.

Durbanville Coffee Roastery (Pty) Ltd takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.

The merchant outlet country at the time of presenting payment options to the card holder is South Africa. Transaction currency is South African Rand (ZAR).

Credit card transactions will be acquired for Durbanville Coffee Roastery (Pty) Ltd via PayFast (Pty) Ltd who is an approved gateway for most banks of South Africa. PayFast uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may refer to www.payfast.co.za/

Payment may be made via Visa or Mastercard Credit or Cheque card into Durbanville Coffee Roastery (Pty) Ltd’s bank account, via the third party provider, PayFast at the checkout point of this website.

All content included on these websites and the products or services provided or sold by Durbanville Coffee Roastery (Pty) Ltd including the text, graphics, logos, icons, images, audio and video clips and software is the property of Durbanville Coffee Roastery (Pty) Ltd and/or its content supplier and protected by South African and international copyright laws.

You may not reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate or commercially exploit the information or the services found in the website in any manner without the express written consent of Durbanville Coffee Roastery (Pty) Ltd, or use such information or services for any unlawful or unauthorised purpose. Permission is granted to electronically copy and/or print hard copies of pages from the website solely for personal non-commercial purposes only.

If you believe any material contained in the website infringes your intellectual property, please notify Durbanville Coffee Roastery (Pty) Ltd of the alleged copyright infringement by emailing info@durbanvillecoffeeroastery.co.za

Information provided by you if you purchase goods or services from the website or subscribe to the email newsletter, we may require you to provide your name, address, email address, credit card or other details (“customer information”). You agree to provide Durbanville Coffee Roastery (Pty) Ltd with current, complete and accurate customer information when asked to do so by the website or an employee of Durbanville Coffee Roastery (Pty) Ltd.

If you submit suggestions, ideas, comments, questions or other information (“material”) to Durbanville Coffee Roastery (Pty) Ltd you are responsible for such material and responsible for the consequences of any material you provide. The material shall not:

be false, misleading or fraudulent;
infringe any intellectual property rights;
violate any law, statute or regulation;
be obscene, threatening or defamatory; or

contain any viruses, worms or other harmful components that are intended to damage, interfere with, intercept or expropriate any software, hardware, system or data.

Durbanville Coffee Roastery (Pty) Ltd reserves the right to edit, restrict or remove any material you provide for any reason at any time. Durbanville Coffee Roastery (Pty) Ltd takes no responsibility and assumes no liability for any material posted by you or any third party.

By submitting any material to us, you agree that Durbanville Coffee Roastery (Pty) Ltd may use your material for any purpose, including reproduction, transmission, publication, broadcast or posting.

Any material you submit to Durbanville Coffee Roastery (Pty) Ltd will be treated in accordance with our Privacy Policy.

When you visit the website, we may occasionally ask you to provide us with some personal information. This may include your name, mailing address, email address, contact details and payment details. Other information may also be collected with your permission from time to time including preferences such as likes and dislikes.

Information that we collect from you may be used to: Provide the products and services you have requested; Contact you when we experience difficulty in fulfilling your request;

Communicate to you new products and services, promotions or offers; and better understand our customer base and improve our products and services.

Note we only send out periodical communications to people who have “opted in” to receive it. We do not send out “spam” to our members and honour their right to privacy.

We endeavour to take all reasonable steps to prevent unauthorised access to your personal information. However, security of communications over the internet cannot be guaranteed and you do so at your own risk. Durbanville Coffee Roastery (Pty) Ltd will not be held responsible for events arising from unauthorised access to personal information. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act2 of 2000 (PAIA) may be downloaded from: http;//www.polity.org.za/html/govdocs/legislation/2000/act2.pdf

Durbanville Coffee Roastery (Pty) Ltd may, in its sole discretion, at any time suspend or terminate the operation of the site or any of the services provided via the site or advertised on the site, without prior notice to you and without the need to provide you with reasons.

The website may contain links to other websites that may collect personal information from you. This privacy policy has no application to these websites and Durbanville Coffee Roastery (Pty) Ltd is not responsible for the privacy practices or the content of such sites.

Although we make every effort to ensure that products are in stock when so indicated and that information and prices concerning products and services listed on the website are accurate, the prices and availability of such products and services are subject to change without notice. If a product or service has been listed at an incorrect price, Durbanville Coffee Roastery (Pty) Ltd reserves the right to refuse or cancel your order for that product or service even if your order has been confirmed. Your receipt of confirmation of an order from us does not signify our acceptance of that order, and we may cancel such order or supply less than the quantity you ordered.

Orders will not be dispatched until payment has been received in full and Durbanville Coffee Roastery (Pty) Ltd is satisfied with the integrity of the order.

Without limiting the operation of any Terms & Conditions therein, Durbanville Coffee Roastery (Pty) Ltd takes no responsibility for any loss or damage caused by late delivery or cancellation of an order or a product.

Placement of an order by you constitutes an offer to enter into an agreement with us (“your offer”). Durbanville Coffee Roastery (Pty) Ltd will email you an Order Confirmation for the sole purpose of confirming the details of your offer. The Order Confirmation does not constitute an acceptance of your offer or reflect the status of your order in any way.

Durbanville Coffee Roastery (Pty) Ltd reserves the right not to provide goods or services or cancel orders (or part thereof) at our sole discretion at any time. Without limiting the operation of other Terms & Conditions, we will not be held liable for loss or damage arising from exercising these rights.

If you need to cancel an order, please immediately e-mail info@durbanvillecoffeeroastery.co.za. Our agreement with you commences once we have both confirmed your order and processed your payment. Once we have accepted payment for an order, cancellation of the order is within our sole discretion and will incur a 5% administration fee.

Delivery of products as per confirmed orders will be made to the nominated address set out on your order.

Delivery usually takes place within 1-3 working days from confirmation of payment or such other period as stipulated in our confirmation email.

All deliveries made will be by courier directly to your nominated address unless otherwise stated in our confirmation of order.

On delivery to your nominated address you shall be entitled to examine the products for the purpose of ascertaining whether you are satisfied that the products are of the type and quality reasonably contemplated on placing your order and complies with the description provided therefore on the website.

If the delivery contains a larger quantity of products than was ordered, or consist of some of the products ordered together with products not ordered, you may reject delivery of all products, or accept the delivery of all products and pay the purchase price for the additional/incorrect products or accept delivery of the correct products and reject the incorrect products.

All products delivered must, if accepted by you, be signed for by you on delivery. If no one is available at the nominated address when delivery is attempted, the products will be retained by the courier, in which case notification of the attempted delivery will be given. Should the products ordered be returned to our premises, any further delivery attempts will also be at your cost.

Durbanville Coffee Roastery (Pty) Ltd will not be liable for any loss occasioned by any delay in the delivery of any order, nor for any loss, damage or misplacement of any products ordered after delivery has been made to your nominated delivery address.

Products are only insured by us up to the point of delivery.

Risk in and to the products will transfer to you upon completion of delivery at your nominated delivery address.

You agree to waive any and all claims that you now have or may have in the future against Durbanville Coffee Roastery (Pty) Ltd and Durbanville Coffee Roastery (Pty) Ltd’s associates which relate to or are incidental to any transaction.

You agree to indemnify and hold Durbanville Coffee Roastery (Pty) Ltd harmless from and against any and all claims, loss or expense that may be incurred by Durbanville Coffee Roastery (Pty) Ltd or Durbanville Coffee Roastery (Pty) Ltd’s Associates which relate to or are incidental to the performance of its duties as described in these Terms & Conditions including all costs of defending itself against a claim by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.

You further agree to indemnify and hold Durbanville Coffee Roastery (Pty) Ltd and Durbanville Coffee Roastery (Pty) Ltd’s Associates harmless from any claim made by any third party due to or arising out of your use of the website, the violation of these Terms & Conditions by you, or the infringement by you, or other users of the website using your membership account, of any intellectual property or other right of any person or entity.

We reserve the right to amend these terms and conditions at any time. All amendments to these terms will be posted on the site (“the current version”). Whenever you access the site you will be bound to the current version. You may terminate this agreement by written notice to us if you do not wish to be bound by the current version. Continued use of this site will be deemed to constitute acceptance of the current version. Unless otherwise stated the current version shall supersede and replace all the previous versions of the terms and conditions. A print-out signed by the webmaster responsible for maintaining this site will serve as prima facie proof as to the date of publication and content of the current version.

This website is run by Durbanville Coffee Roastery (Pty) Ltd based in South Africa trading as Durbanville Coffee Roastery (Pty) Ltd and with the registration number 2018/348983/07

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