Terms and Conditions
1. The offer and sale of products with the brands “Dr.Oetker Professional” or the like (the “Products”), marketed, manufactured, distributed and/or sold by Chateau Gateaux (Pty) Ltd, registration number 1999/014744/07 of 1 Imvubupark Close, Riverhorse Valley Business Estate, Effingham, Durban, KwaZulu-Natal, South Africa (the “Seller”) as the exclusive manufacturer and distributor of the Products, through the https://oetker-professional.co.za/ web site (the “Site”). The offering and the sale of the Products on the Site constitutes the “Service”. The Site and the Service are governed by these general terms and conditions (“Terms and Conditions”).2. This Site is operated by the Seller. Throughout the Site, the terms “we”; and “us” refer to the Seller. The Seller offers this Site, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
3. By visiting the Site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms and Conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
4. Please read these Terms and Conditions carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms and Conditions. If you do not agree to all the Terms and Conditions, then you may not access the Site or use our Service. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
5. Any new features or tools which are added to the current Site shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
6. The Business Policy of the Seller
6.1 The Seller offers Products for sale on the Site and makes available Services exclusively to users of the Site, which are qualifiable as “consumers” (users of the Site hereinafter referred to as “Buyers” and each of them “Buyer”).
6.2 These Terms and Conditions regulate the relationship between each Buyer and the Seller, with reference to the offer, transmission and acceptance of purchase orders for Products addressed to the Seller through the Site.
6.3 These Terms and Conditions do not regulate the supply of services or the sale of products performed or provided by parties, other than the Seller, who are given visibility on the Site through links, banners or other hypertext links. Before submitting orders and purchasing products and services from these third parties, we recommend that the Buyers carefully verify the third parties’ general terms and conditions, since the Seller shall under no circumstances be deemed liable for the supply of services and/or sale of products provided by third parties and/or, in general, the execution of e-commerce transactions with such third parties. Please refer to clause 8.
7. Billing Accuracy and Account Information
7.1 We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.
7.2 Cancellation of, changes to, or limitation of orders may include, but are not limited to, orders placed by or under the same account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made and you will be given an opportunity to cancel the order or accept the order in its amended form. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by persons who are not “Consumers”, such as, but not limited to, dealers, resellers or distributors.
7.3 You agree to provide current, complete and accurate purchase and account information for all purchases made on the Site. You agree to promptly update your account and other information, including, but not limited to, your email address, physical address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
7.4 For more detail, please review our Returns & Refunds Policy.
8. Optional Tools and Third-Party Links
8.1 We may provide you with access to third-party tools over which we do not monitor, have any control or input. Certain content, products and services available via our Service may include materials from third-parties.
8.2 To the extent allowed by law, you acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
8.3 To the extent allowed by law, any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
8.4 We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions and your acceptance of any amended Terms and Conditions by your continued access of the Site to cater for such additional services and/or features.
8.5 Third-party links on this Site may direct you to third-party websites that are not affiliated with us. To the extent allowed by law, we are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
8.6 To the extent allowed by law, we are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
9. User Comments, Feedback and Other Submissions
9.1 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
9.2 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
9.3 You agree that all of your comments on the Site will not violate our or any third-party’s rights, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
10. Errors, Inaccuracies and Omissions
10.1 Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order) and without any right for you to claim in respect of such change or cancellation, provided that you may cancel your order if it is affected by the change and in any event, you may claim a full refund of monies paid in respect of such validly cancelled order.
10.2 We undertake no obligation to update, amend or clarify information on the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related website, should be taken to indicate that all information on the Site or on any related website has been modified or updated.
11. Prohibited Uses
11.1 In addition to other prohibitions as set forth in these Terms and Conditions, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, national, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability or other unlawful ground; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the internet; (h) to collect or track the personal information of others; (I) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for committing any of the prohibited uses.
13. Disclaimer of Warranties and Limitation of Liability
12.1 We do not guarantee, represent or warrant that your use of our Site will be uninterrupted, timely, secure or error-free.
12.2 We do not warrant that the results that may be obtained from the use of the Site will be accurate or reliable.
12.3 You agree that from time to time we may remove the Site for periods of time or cancel the Service at any time and notice for such will be provided on the Site.
12.4 You expressly agree that your use of, or inability to use, the Site is at your sole risk. The Site, and all Products and Services delivered to you through the Site are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, to the extent allowed by law, subject only to applicable statutory warranties.
12.5 To the extent allowed by law, in no case shall the Seller, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, delict (including negligence), strict liability or otherwise, arising from your use of the Site and its contents, the Service or any Products procured using the Site. Our liability shall be limited to the maximum extent permitted by law.
13.1 You agree to indemnify, defend and hold harmless the Seller and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
14. Circumstances beyond the Seller’s control
14.1 It shall not be a breach of these Terms and Conditions when we are delayed or prevented from providing our Services, processing or fulfilling an order, or making the Site available as a result of a cause beyond our reasonable control, including, without limitation any act of God or natural disaster and unavoidable incident, actions of third parties, riots, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen or the any cause similar to or having the same effect as the causes stated in this clause regardless of whether the circumstances in question could have been foreseen (collectively, “Force Majeure Event”).
14.2 If we are prevented from fulfilling an order due to a Force Majeure Event for more than 5 Business Days, either you or we may cancel the Order by written notice.
15.1 In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.
16.1 The expiration or termination of these Terms and Conditions shall not affect such of the provisions of these Terms and Conditions which are expressly provided to operate after any such expiration or termination, or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the relevant provisions themselves do not provide for this.
16.2 These Terms and Conditions are effective until amended or terminated.
16.3 If in our sole judgment you fail, or we reasonably are of the opinion that you have failed, to comply with any term or provision of these Terms and Conditions, we also may deny you access to our Site (or any part thereof).
17. Entire Agreement
17.1 The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
17.3 Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party, being us.
18 Governing Law and Jurisdiction
18.1 These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of South Africa.
18.2 The Site is hosted, controlled and operated from South Africa and therefore governed by South African law and the Buyer submits to the jurisdiction of the South African courts.
19. Changes to these Terms & Conditions
19.1 You can review the most current version of the Terms and Conditions at any time at this page.
19.2 We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our Site. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
19.3 Should you not be satisfied with any part of the Terms and Conditions, you are advised to not to use the Site.
19.4 Any such changes to the Terms and Conditions will apply to the use of the Site after the change is displayed or published on the Site. The use of the Site after the date on which the changes are displayed will be deemed acceptance of the amended Terms and Conditions.
19.5 We reserve the right to refuse Service to anyone for any reason at any time.
19.6 You understand that your personal information, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices and you hereby consent to such transfer for purposes of fulfilling any orders you place via the Site. Credit card information is always encrypted during transfer over networks.
19.7 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site or any contact on the Site through which the Service is provided, without express written permission by us.
19.8 The headings used in this agreement are included for convenience only and will not limit or influence the interpretation or otherwise affect these Terms and Conditions.
20. Electronic Communications
21. Data Protection and Personal Information
22. Products or Services
22.1 All our whole cakes which are sold in our stores, or delivered to you by our online department, are frozen. Please see the back of the pack for defrosting instructions.
22.2 Certain Products or Services may be available exclusively on the Site. These Products or Services may have limited quantities and are subject to return or exchange only according to our Return & Refunds Policy.
22.3 We have made every effort to display as accurately as possible the colours and images of our Products as they appear in reality. We cannot guarantee that your computer monitor will display the colour correctly.
22.4 We do not warrant that the quality of any Products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
23. Purchase Price and Product Guarantee
23.1 Only original Products are offered for sale on the Site. We do not sell second-hand Products on the Site or Products that fail to meet the quality standards as required by South African law.
23.2 To the extent allowed by law, the Seller does not provide any guarantee as to the quality and suitability of the Products and accordingly the Seller shall have no liability (other than a potential acceptance of return in accordance with these Terms and Conditions and the Returns Policy) towards the Buyer for any defective or faulty Products.
23.3 The main characteristics of the Products are shown on the Site on each “Product Page”. The images and colours of Products offered for sale on the Site may not correspond to the actual products delivered. We expressly disclaim all responsibility and liability and the you waive any claims you may have against us in this regard.
23.4 The offers of Products on the Site, and the related prices, are applicable as long as they are visible on the Site and only while stocks last. We reserve the right to vary the catalogue of Products including their price at any time and without notice. We are not required to avoid the impact of the Products variations on possible orders in progress and for orders not yet paid in full. Possible variations in price will be applicable also to Products already placed in a cart for purchases not yet paid in full before such variations.
24. Product Complaints
24.1 If you feel that the Product/s you received is/are defective, kindly contact our Customer Care department at [email protected] with your order number, a description of your complaint, as well as pictures of the Product and the Product label.
25. Modifications to The Service and Prices
25.1 Prices for our Products are subject to change without notice.
25.2 We reserve the right at any time to modify or discontinue a product and/or the service (or any part or content thereof) or its relevant price, without notice at any time.
25.3 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of Products and/or the Service.
26.1 Refunds and/or exchanges will only be considered should a Product be found defective by our Quality Assurance department. A minimum of 50% of the Product will need to be returned in its original packaging to be investigated.
26.2 No refunds will take place for orders that are cancelled on the date of delivery, unless due to our modification of the Products ordered, if the order has already been dispatched from our depot. Such an order may be returned or exchanged if it is found to be defective.
26.3 Should a Product investigated by the Quality Assurance department be found defective after receiving a complaint, a right to refund, return or replace will be granted within 48 working hours on normal business days. In the case of a refund, this may take up to 5 business days to be processed by the Seller, and could take longer than that to reflect in the Consumers’ bank account.
26.4 Should you lodge a complaint with our Customer Care department for a Product/s which were purchased online, we will arrange collection of the defective Product at the place to which it was delivered and replace it with another Product of the same description and price, subject to availability, provided that all relative information is provided, and that the Product meets our requirements for replacement.
26.5 If at any time you decide to return a Product to one of our stores, then transport fees will not be reimbursed and ancillary costs will be for your own account.
26.6 When delivering our Products, vehicle temperatures are taken and monitored to ensure that the Product is delivered at the correct temperature. Should any temperature abuse occur after delivery then the product will not be replaced or refunded.
27. Loyalty Program
27.1 As part of the Chateau Gateaux Loyalty Programme, you may earn reward points by buying certain selected products.
27.2 Buyers who are registered on the Chateau Gateaux Loyalty Application, can enter their Loyalty App Number into the relevant field before proceeding to check-out on the Site.
27.3 Loyalty Points for relevant purchases will be loaded manually by the Seller on the day of delivery (not on the day of purchase)
27.4 Chateau Gateaux Loyalty Programme Points cannot be redeemed on the Site at this current stage, and can only be redeemed in one of the relevant Chateau Gateaux retail outlets.
27.5 Buyers making using of the Chateau Gateaux Loyalty App Programme, are bound by the Terms & Conditions as found on the Application. The Terms & Conditions can also be viewed here (insert link)
28.1 As the Buyer it is your responsibility to check the Product label for any allergens or offensive ingredients prior to ordering a Product on the Site, as no exchanges or returns will be considered in this regard.
29. Accepted Payment Methods
29.1 When making purchases on the online store of the Site, the Buyer have the option to pay via the following payment options:
– Debit and Credit Cards (Visa/Mastercard/American Express)
– EFT Secure
– Apple Pay (for Safari browser users exclusively)
– Paysafe (Manual Payment Link on Special Request)
29.2 The abovementioned payment methods are facilitated through Third Party Services. Please refer to clause 8.
29.3 We take no responsibility for any downtime on any of the above-mentioned payment methods, nor for any unsuccessful payments facilitated by these Third Parties.
30. Payment and Ownership of Products
30.2 The price for the purchase of Products and the shipping costs, as indicated in the Order Form, will be charged to your bank account upon purchase of the Products.
30.3 For the avoidance of doubt, ownership of the Products shall at all times remain vested in the Seller up until such time as the purchase price for the Products has been paid in full (to the satisfaction of the Seller).
31. Receipt of Correct Products
31.1 Please ensure that when receiving your order, you check the label of the box to ensure that it is the correct product which you have ordered, as no exchanges will take place as per our returns & refund policy.
32. Product Shipping and Delivery
32.1 We will deliver, to you, the Products as per your order placed, via our delivery service.
32.2 Where we accept your order, we will deliver or will procure that an authorized third party will deliver the Products to you on the date which you selected when placing your order. In the case where a delivery date is missing or if you had placed the order after the cut off time, we will deliver your order on the first possible date.
32.3 Our obligation to deliver any Products to you is fulfilled when delivered at the physical address nominated by you for delivery of the Products, at which point all risk in and to the Products will pass to you.
32.4 If you find that any Product ordered was not successfully delivered or omitted from the delivery as per this clause 32, you must notify us in writing within 2 days of the date on which the other delivered Products were successfully delivered.
32.5 We shall, following receipt of a notification as aforesaid, verify the information provided by you against our delivery records. If determined by us all Products ordered were indeed not successfully delivered, we will process and deliver such non-delivered Products as soon as reasonably possible.
33. Delivery Address Access
33.1 Should your delivery address be in a complex/flat/estate, access may be restricted by security thus please ensure the order is accepted at the security gate by yourself.
33.2 If there are any special instructions for Products to be left at the security gate, then we will not take any responsibility or be liable for defective Products due to the Products possibly being stored incorrectly until collected by yourself
33.3 Should our delivery service arrive at the delivery address and there is no one who can accept the order, then the order will be returned to the depot to be dispatched on the next available or suitable delivery day, and additional delivery charges may be levied for which you will be liable.
33.4 Should our delivery service be unable to deliver for a second time due to no one available to accept the order/ no answer at the address, your order may be cancelled and you will receive a refund for the value of the products purchased only. The fee for shipping may be withheld in order to cover the costs of fuel for the 2 delivery attempts carried out.
33.5 If for any reason the delivery address is in an area which we do not deliver to (in the case of an incorrect postal code being used by the Buyer), the address cannot be found or is assessed to be unsafe to effect delivery, your order may be cancelled and you will receive your full refund (full value of the order placed)
34. Next Day Delivery Cut-Off
34.1 Next day delivery orders must be placed and paid for before the 12:00 cut-off time. Orders placed and/or paid for after the cut-off time will be delivered on the next available or suitable delivery date. This is in accordance with our delivery times, as per the below “Delivery Times” clause.
35. Delivery Times
35.1 All deliveries take place from Monday to Friday (excluding public holidays) between 7 am and 6 pm. Unfortunately, no specific time can be allocated to a delivery, as the routes are planned to ensure all deliveries take place on the certain day.
35.2 Delivery capacity’s do apply per area/vehicle, and should we have reached our delivery capacity for the date, the Site will not accept any further sales for that specific date.
35.3 We reserve the right to occasionally reserve certain days or dates to carry out routine or emergency maintenance on vehicles, and may therefor not offer delivery for that specific date.
35.4 Occasionally we may add on additional delivery days, such as Saturdays or Public Holidays, at the sole discretion of the Seller. This does not guarantee delivery on those days for future dates to come.
36. Delivery Detail Changes
36.1 Delivery address changes may only take place more than or 24 hours prior to the dispatch of the Products, and should changes have to take place within 24 hours of despatch, but prior to despatch, then the delivery date may be affected and the delivery may not take place on the scheduled delivery date. No changes to the delivery address are permitted after the Products have been despatched. All delivery address changes should be requested via email to [email protected].
36.2 Delivery date changes may only take place more than or 24 hours prior to the despatch of the Products, and will be subject to availability. All delivery date changes should be requested via email to [email protected].
37. Delivery Area / Radius
37.1 Should an order be placed using the incorrect postal code and it transpires that the correct delivery address is outside of our delivery area/radius, we reserve the right to cancel your order, and refund you. Should we only realize the incorrect postal code was used after attempting to deliver your order, and we are unable to deliver your order, you will only be refunded the value of the products purchased and we reserve the right to withhold the shipping fee to cover the costs of our fuel and labour.
38. Stock Availability
38.1 When an order is placed for a Product, and for any reason the Product is not available, then you will be contacted via telephone or email to confirm whether you would like to substitute the Product, or cancel the order, in which case, a full refund for the total value of the product will take place. Should you wish to cancel your entire order, a full refund for the total value of the order will take place.
39. Vouchers / Coupons
39.1 Certain vouchers issued by Chateau Gateaux are only redeemable in-store, and cannot be used to place an order on the Site’s online store.
39.2 Discount or Voucher Codes supplied to the Buyer, whether directly or via promotional material such as, but not limited to, Marketing Emails, Social Media or other Promotions, may only be used by the person intended for, and for the purpose intended for. Should a discount code be used more times than intended, or by someone else than intended for, we reserve the right to not honour the order. This includes, but are not limited to, the Buyer placing multiple orders using the same discount code intended for single use, but under different alias’ or contact details.
40. Directions for Placing an Order on the Site
40.1 By placing an order, you warrant that you have the necessary contractual capacity and authority to the be bound by these Terms and Conditions.
40.2 To place an order on the Site, you will be required to complete an order form on the Site by following the instructions on the Site and completing all the relevant fields with the correct information.
40.3 Before proceeding with the purchase of Products, through the submission of the Order Form, you must carefully read these Terms and Conditions and specifically the Privacy and Returns &Refunds Policy together with a summary of the data shown subsequently which data may include: main characteristics of each Product – object of the Orders – with an indication of the selling price in ZAR (inclusive of all applicable taxes and fees); methods of payment which you may use to purchase the Products; methods of delivery of the Products; methods of processing and handling of complaints by us; shipping costs and delivery of the Products; the date by which we undertake to deliver the Products.
40.4 These Terms and Conditions will be considered to have been accepted by you in relation to the purchase of the Products on receipt your order form, by us. You will then be provided and order confirmation, to be sent electronically, after we have verified the correctness of all the information contained in the order form completed by you. This order confirmation may end up in your “spam folder” or “promotions folder” on your email inbox.
40.5 You may access your order form on the Site by clicking on the “view your order” hyperlink on your order confirmation email.
40.6 When submitting the order form, you will be notified that such submission requires you to pay the price quoted. Before submitting the order form, you will be required to identify and correct any errors; in any case, it is recommended that you print and keep the order form.
40.7 English is the language used for these Terms and Conditions between you and us and South African law applies.
40.8 We will not process orders that are incomplete or incorrect, or in the event that Products ordered are no longer available. In the above cases, we will inform you by e-mail or telephone, that the order may not be fulfilled and therefore we cannot carry out the order, specifying the reasons. In the event the Products displayed on the Site, are no longer available for sale when you last access the Site or at the time the order form is submitted, we will inform you of the unavailability of the Products included in the order. In these cases, if you had already submitted the order form and paid the relevant price for the Product, we will refund you the amounts paid by you. We will not be required to reimburse any other amount to you, for any other reason, other than as set out in these Terms and Conditions.
40.9 By submitting the order form, you accept unconditionally and agree to observe the Terms and Conditions during your relationship with the Seller. If you do not agree with any of the Terms and Conditions, you should refrain from submitting the order form.