STANDARD CONDITIONS OF SALE
For the purposes of these conditions the following terms shall have the following meanings:
1.1. “Company” means Freddy Hirsch Group (Proprietary) Limited (Registration No. 1956/00899/07), also referred to herein as “us”, “we” or “our”;
1.2. “Customer” means the customer more fully described in the Sale Terms, also referred to herein as “you” or “your”;
1.3. “Company’s Premises” means the Company’s premises more fully described in clause 20.4 below
1.4. “Customer Premises” mean the physical premises of the Customer designated for delivery of the Products as described in the Sale Terms (if applicable);y
1.5. “Order” means an order for Product(s) placed by a Customer with the Company either telephonically, in person, or in Writing;
1.6. “Parties” mean the parties to the Sale Agreement, namely the Company and the Customer;
1.7. “Prime Rate” means the rate of interest per annum which is equal to the Company’s banker’s publicly quoted basic rate per annum applicable from time to time, calculated daily and compounded monthly in arrears on the basis of a 365 day year (irrespective of whether the year is a leap year), charged by the said bank on the unsecured overdrawn current account of its most favoured corporate clients in the private sector from time to time (and in the case of a dispute as to the rate so payable, the rate shall be certified by any manager or assistant manager of any branch of the said bank, acting as an expert and not as an arbitrator, whose appointment need not be proved, and whose decision shall, save in the event of manifest error, be final and binding upon the Parties);
1.8. “Products” mean:
1.8.1. the cooking and chilling system or other equipment;
1.8.2. gel, powder or other co-ex casing products;
1.8.3. spices or other products used in the meat industry; and/or
1.8.4. such other products as the Company may from time to time make available to customers for purchase,
forming the subject matter of any sale by the Company to the Customer, as more fully described in the Sale Terms;
1.9. “Sale Agreement” means the agreement of sale concluded between the Company and the Customer comprising the Sale Terms and these Terms and Conditions;
1.10. “Sale Terms” mean the commercial terms contained in the Customer’s Order which are accepted by the Company in Writing and as are otherwise agreed between the Customer and the Company in writing;
1.11. “Terms and Conditions” mean these terms and conditions, as amended from time to time;
1.12. “Territory” means the Republic of South Africa;
1.13. “Website” means the website accessed at www.freddyhirsch.co.za, related mobi-sites, and software applications owned and operated by the Company; and
1.14. “Writing” shall bear its ordinary meaning and shall include communications via email and the Website.
2.1. The ordering, purchase, sale, delivery and collection of the Products and the use of the Website shall be governed and regulated in accordance with these Terms and Conditions. These Terms and Conditions are binding and enforceable against every Customer, including without limitation each Customer who registers as contemplated below (“registered user”). By using the Website and by registering, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions. The Company shall not be bound by any other conditions whether sought to be interposed by the Customer or otherwise, unless so agreed by the Company in writing.
2.2. In the event of a conflict between the provisions of the Sale Agreement and these Terms and Conditions, the provisions of the Sale Agreement shall take precedence and be duly implemented.
2.3. No alteration, cancellation, variation, waiver of or addition hereto shall be of any force or effect unless expressly accepted in writing by the Company.
2.4. No indulgence, leniency or extension of time shown or granted to the Customer shall in any way prejudice the Company or preclude the Company from exercising any of its rights in the future.
2.5. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
2.6. The headnotes to paragraphs hereof are inserted for reference purposes only and shall not affect the interpretation of any of the provisions to which they relate.
3.1. To register as a registered user on the Website, you must provide a unique username and password and provide certain information and personal details to the Company. You will need to use this unique username and password to log in to the Website.
3.2. You agree and warrant that your username and password shall:
3.2.1. be used for personal use only; and
3.2.2. not be disclosed by you to any third party.
3.3. For security purposes you agree to enter the correct username and password whenever ordering Products, failing which you will be denied access.
3.4. You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such Order.
3.5. You agree to notify the Company immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
3.6. By using the Website you warrant that you are at least 18 (eighteen) years of age and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound by these Terms and Conditions and to be liable and responsible for you and all your obligations hereunder.
3.7. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute, modify or otherwise tamper with the Website or the information contained therein, without the prior written consent from a person authorised on behalf of the Company (such consent is deemed to be given for standard search engine technology employed by internet search websites to direct internet users to the Website).
3.8. You may not use the Website to distribute material which is defamatory, offensive, or which amounts to hate speech or is otherwise unlawful.
3.9. You may not in any way display, publish, copy, print, post, or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised representative of the Company.
4. PLACEMENT OF ORDERS AND AVAILABILITY OF PRODUCTS
4.1. The Company will use reasonable endeavours, but shall not be obliged, to accept Orders. The Company reserves the right not to accept an Order if it identifies any material errors relating to the description or price of the Products. Whether or not the Company accepts an Order depends, inter alia, on the availability of Products. The Company will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, either the indicative lead times for the availability of the Products for collection or delivery will be extended or offers of the Products will be discontinued. However, the Company cannot guarantee the availability of stock. When Products are no longer available after placing an Order, the Company will notify you and you will be entitled to a refund of any amounts paid by you for such Products. You may not hold the Company liable in the event that the Company rejects an Order.
4.2. Placing Products in a wishlist or shopping cart on the Website without completing the purchase cycle does not constitute an Order, and as such, Products may be removed from the shopping cart if stock is no longer available or the price thereof might change without notice to you. You may not hold the Company liable in the event that such Products are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle on the Website at a later stage.
4.3. You acknowledge that stock of all Products on offer is limited and that pricing on the Website may change at any time without notice to you. The Company furthermore reserves the right to change the specifications of the Products, from time to time, without notice to you and it is not bound by the specifications as they appear on the Website. Any changes in pricing and/or specifications will not apply in respect of Orders that have already been accepted by the Company.
4.4. You acknowledge that to the extent that the pricing of Products is dependent on fluctuations in financial markets, or where such Products constitute perishable goods which are likely to deteriorate or expire rapidly, then, without limitation, the cooling-off provisions provided for in the Electronic Communications and Transactions Act 25 of 2002 shall not apply.
5.1. Subject to the provisions of clause 5.2 below, payment may be made for the Products by way of:
5.1.2. credit card; or
5.1.3. electronic fund transfer,
provided that where payment is made by way of a credit card, additional information may be required in order to authorise and/or verify the validity of the payment. In such cases the Company is entitled to withhold delivery until such time as the additional information is received and authorisation is obtained for the relevant amounts. If the Company does not receive such payment authorisation, your Order will be cancelled. You warrant that you are fully authorised to use the relevant credit card supplied for the purpose of paying for the Products. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website.
5.2. Save where a Customer has applied for and been granted a credit facility by the Company for the purchase of Products (“Credit Sales”), payment for Products must be made in full prior to collection or delivery.
5.3. In respect of Credit Sales:
5.3.1. without prejudice to the remedies of the Company, interest may be charged on any overdue amounts at:
188.8.131.52. the interest rate specified in the Sale Terms; or
184.108.40.206. if no interest rate is so specified, then Prime Rate plus 3% (three percent),
reckoned from the due date to the actual date of payment;
5.3.2. pending the final discharge of the purchase price of the Products:
220.127.116.11. ownership of the Products shall remain vested in the Company, notwithstanding delivery of the Products to the Customer; and
18.104.22.168. the Customer shall keep such Products free from attachment, hypothec or other legal charge or process and shall notify the landlord of its premises from time to time in writing that the Products belong to the Company.
5.4. Unless otherwise agreed between the Parties in Writing, the purchase price of the Products shall be quoted and provided for exclusive of Value Added Tax and all or any Value Added Tax determined by the South African Revenue Services to be payable thereon shall be paid by the Customer to the Company against presentation of invoice.
5.5. The Company undertakes, in respect of payments made through the Website, to utilise a payment system that is sufficiently secure with reference to accepted technological standards.
6.1. Unless otherwise agreed between the Parties in the Sale Agreement, the Products will be delivered Ex Works (EXW, INCOTERM 2010 Standards) the Company’s Premises .
6.2. The Parties shall record in the Sale Agreement whether the Products will be collected by the Customer from the Company’s Premises or whether the Products will be delivered by the Company to the Customer Premises.
6.3. Where the Parties agree in the Sale Agreement that the Products will be delivered by the Company to the Customer Premises:
6.3.1. such delivery shall be at the risk of the Customer and the carrier or transporter shall be deemed to be the agent of the Customer; and
6.3.2. at the time of placing the Customer’s Order, the Company will notify the Customer if a separate delivery fee will be levied for the delivery of the Products to the Customer Premises and, if so, the amount of such delivery fee.
6.4. The Customer shall furthermore be liable to the Company for any additional costs incurred by the Company including, but not limited to, storage costs, if the Customer delays in accepting delivery of the Products tendered by the Company.
6.5. Time shall not be of the essence in respect of the delivery of the Products by the Company to the Customer. The date of delivery by the Company is given in good faith and all reasonable efforts will be made to comply therewith. The Company will not be liable for any delay in delivery of the Products in any circumstances.
6.6. The Company may deliver the Products in instalments, and no failure of or delay in delivery of any instalment, or any defect in the contents thereof, shall entitle the Customer to treat the Sale Agreement as repudiated with regard to any remaining instalments. If the Products are delivered in more than one batch then the Sale Agreement will be divisible and each batch will be subject to a separate contract.
6.7. The Company shall not be liable for any direct, indirect, incidental, special or consequential losses or damages which may arise from a failure to deliver the relevant Product(s) by the indicative delivery date as contemplated in clause 6.5 above or delivery in instalments as contemplated in clause 6.6 above.
The Company shall make all reasonable efforts to accurately reflect the description, images, availability, purchase price and delivery charges of Products on the Website. However, the Products may vary from the description and images on the Website, including but not limited to, the packaging, colour, size and weight of the Products. Should there be any errors of whatsoever nature and howsoever arising on the Website (which are not attributable to the Company’s gross negligence), the Company shall not be liable for any loss, claim or expense relating to a transaction based on any error, save to the extent of refunding the purchase price for any amount already paid, or otherwise in accordance with the Company’s returns policy under clause 13.2 below.
8. VOUCHERS, COUPONS AND LOYALTY PROGRAM
8.1. The Company may from time to time make physical or electronic gift vouchers (“Vouchers”) and promotional coupons or discounts (“Coupons”) available for use on the Website towards the purchase of the Products. Vouchers and Coupons may only be redeemed while they are valid and their expiry dates cannot be extended.
8.2.1. Vouchers that are purchased by registered users are valid for 3 (three) years after purchase. Vouchers that the Company gives away for free are valid for the period stated thereon. In each case, if a Voucher has not been used within the applicable period, it shall expire.
8.2.2. Vouchers cannot be used to buy other Vouchers or Coupons. They do not accrue interest and are not refundable for cash once purchased. If a Voucher’s value is insufficient for a particular Order, the balance may be made up by payment via another recognised payment method.
8.2.3. The Company is not responsible for any harm due to the loss, unauthorised use or unauthorised distribution of a Voucher, after it has delivered the Voucher to you or the email address nominated by you.
8.3.1. Coupons are issued in the Company’s sole discretion and the Company is entitled at any time to correct, cancel or reject a Coupon for any reason (including, without limitation, where a Coupon has been distributed in an unauthorised manner). Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.
8.3.2. Unless specified otherwise on a Coupon itself:
22.214.171.124. each Coupon may be used only once;
126.96.36.199. only one Coupon may be used per Order;
188.8.131.52. only one Coupon may be used on the Website per person per promotion; and
184.108.40.206. the value of the Coupon will be set off against the value of your shopping cart and the balance remaining, if any, will be payable by you.
8.3.3. Coupons cannot be used to buy vouchers or other Coupons, and cannot be exchanged or refunded for cash or credit. The Company is not responsible for any harm due to the loss, unauthorised use or distributions of a Coupon.
8.3.4. You may be required to submit the original communication containing the Coupon code, and any other information reasonably requested by the Company, before you are able to use a Coupon.
8.4. Loyalty Programs
8.4.1. The Company may from time to time, and in its sole discretion, offer rewards to its customers in terms of its loyalty program(s), including but not limited to the Freddy Hirsch “Cash & Carry Smart Card” loyalty program. Such rewards shall be governed by the provisions of the Company’s loyalty program policy then in force, provided that in the event of a conflict between such loyalty program policy and these Terms and Conditions, these Terms and Conditions will prevail.
8.4.2. The Company reserves the right to alter or change operational terms and/or conditions of any of its loyalty programs, or to terminate them at any point.
8.4.3. By registering as a member of a loyalty program, the Customer irrevocably agrees to be bound by these Terms and Conditions. The Company, its organisers, promoters, partners or agencies do not bear any responsibility or liability for any loss, damage, injury, accident, death or damage to property howsoever arising from inclusion or participation in a loyalty program.
8.4.4. Rewards Cards
220.127.116.11. The Company may elect to operate and issue a rewards card, including but not limited to the Cash & Carry Smart Card, in respect of a loyalty program (the “Rewards Card”).
18.104.22.168. The Rewards Card remains the property of the Company, or any of its subsidiary or associated companies as the case may be, who reserve the right to decline, issue and withdraw the Rewards Card at any time.
22.214.171.124. Customers may only have one active Rewards Card, which is linked to one loyalty program account.
8.4.5. Rewards Points
126.96.36.199. In order to earn rewards points for transactions, the Customer must present their Rewards Card at the time of the relevant transaction, in order for the relevant transaction to be recorded. If no Rewards Card is presented in respect of such a transaction before payment, then rewards points will not be earned in respect of that transaction. For the avoidance of doubt, it is not possible to earn rewards points retrospectively, in respect of previous transactions where the Rewards Card was not presented.
188.8.131.52. Where Rewards Cards are available for use in respect of online transactions, the Customer must ensure that their Rewards Card has been captured in order to earn rewards points for those transactions.
184.108.40.206. The Rewards Card and the rewards points accruing thereto are not transferable.
220.127.116.11. No Customer will be entitled to receive cash money from any of the Company’s loyalty programs. For the avoidance of doubt, rewards points may not be redeemed for cash and no credit balance will be given as cash. Monetary value may be ascribed to rewards points which have accrued to a Customer, for which a Customer may receive a discount in respect of purchases from time to time thereafter.
18.104.22.168. The Company reserves the right to change the conversion value of any rewards points in its sole and absolute discretion. The Company will notify Customers in advance if such a change should occur.
22.214.171.124. Rewards points will be valid for a period of 12 (twelve) months reckoned from the date of such transaction in respect of which rewards points were earned. The Company reserves the right to close any loyalty program account belonging to a Customer where such account that has been inactive (including if no rewards points have been earned) for a period of 12 (twelve) or more consecutive months. Rewards points attaching to closed accounts will be forfeited.
126.96.36.199. Rewards points earned in respect of transactions where goods are later returned will be forfeited, and accordingly deducted from a Customer’s rewards points balance on their loyalty program account. For the avoidance of doubt, returns are subject always to the Company’s returns policy.
188.8.131.52. Without limitation to the provisions of clause 8.4.2 above, in the case of a prolonged strike, industrial action, or force majeure, the Company reserves the right to suspend rewards points in its sole and absolute discretion.
184.108.40.206. In the event of a technical, system(s) or network failure, as well as system upgrades, rewards points allocations will not be processed and/or issued retrospectively.
9.1. The Company respects the privacy of its customers and will take reasonable measures to protect it, as more fully detailed below.
9.2. Should you wish to register as a registered user on the Website, you may be required to provide personal information including, without limitation, your:
9.2.1. name and surname (in respect of natural persons) or name and registration number (in respect of juristic persons);
9.2.2. email address;
9.2.3. physical address;
9.2.5. mobile number; and
9.2.6. date of birth.
9.3. 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.
9.4. 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.
9.5. Subject to the provisions of clause 9.6 below, the Company shall not without your express consent:
9.5.1. use your personal information for any purpose other than as set out below:
220.127.116.11. in relation to the ordering, sale, and delivery of Products;
18.104.22.168. to contact you regarding current or new Products 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);
22.214.171.124. 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
126.96.36.199. to improve our product selection and your experience on our Website by, for example, monitoring your browsing habits, or tacking your sales on the Website; or
9.5.2. disclose your personal information to any third party other than as set out below:
188.8.131.52. to our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, or for the ordering of Products and the delivery thereof, and thus need to know your personal information in order to assist us to communicate with you properly and effectively;
184.108.40.206. 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);
220.127.116.11. to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of these Terms and Conditions;
18.104.22.168. to our services providers (under contract with us) who help with parts of our business operations (including, without limitation, fraud prevention, marketing, technology services etc), provided that these services providers may only use your information in connection with the services they perform for us and not for their own benefit; and
22.214.171.124. to our suppliers in order for them to liaise directly with you regarding any faulty Products you have purchased which may require their involvement.
9.6. 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, subpoena, order of court or legal process served on us, or to protect and defend our rights or property.
9.7. We will:
9.7.1. treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;
9.7.2. 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;
9.7.3. provide you with access to your personal information to view and/or update personal details;
9.7.4. promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
9.7.5. provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
9.7.6. upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.
9.8. We will 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.
9.9. In the event of a fraudulent online payment, the Company is entitled 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.
9.10. Whilst we will do all things reasonably necessary to protect your rights or 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.
9.11. If you disclose your personal information to a third party, such as an entity which operates a website linked to the Website or anyone other than the Company, the Company 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.
10. CHANGES TO THESE TERMS AND CONDITIONS
10.1. The Company may, in its sole discretion, change any of these Terms and Conditions from time to time.
10.2. Any such change will only apply to your use of the Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
10.3. Any such changes to these Terms and Conditions will not apply to Orders that have been accepted by the Company in Writing.
11. ELECTRONIC COMMUNICATIONS
12. OWNERSHIP AND COPYRIGHT
12.1. 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 the Website (“Website Content”) are protected by law, including but not limited to copyright and trade-mark law. The Website Content is the property of the Company, its advertisers and/or sponsors and/or is licensed to the Company.
12.2. You will not acquire any right, title or interest in or to the Website or the Website Content.
12.3. 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
12.4. Where any of the Website Content has been licensed to the Company 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.
13. DISCLAIMERS AND LIMITATION OF LIABILITY
13.1. The Company gives no warranty and makes no representation in respect of the Products save for the warranties and representations which are expressly provided for in these Terms and Conditions. Save as expressly provided in these Terms and Conditions, all conditions, warranties or representations (express or implied) as to quality, fitness, performance or otherwise in relation to the Products are excluded.
13.2. The Company shall not, in any event, be liable for any defect in the Products by reason of faulty production, quality of raw materials or otherwise or any delay or shortfall in delivery of the Products, unless:
13.2.1. the Customer notifies the Company in writing in respect of:
126.96.36.199. any such shortfall at the time the Customer takes delivery of the Products; or
188.8.131.52. any such defect within 30 (thirty) days from the date of delivery of the Products to the Customer; and
13.2.2. the Customer establishes to the reasonable satisfaction of the Company that such defect in the Products or shortfall in delivery does not arise out of any breach by the Customer of the provisions of the Sale Agreement or any other act or omission on the part of the Customer or its employees, agents and representatives.
13.3. If the Company is liable for any defect or shortfall in the Products, its liability shall be limited to:
13.3.1. supplying the Customer with similar replacement products in the reasonable discretion of the Company; or
13.3.2. refunding the Customer the price paid by the Customer for the Products in question.
13.4. Without limiting the provisions of clause 13.2 or 13.3 above, it is expressly recorded and agreed that the liability of the Company arising out of any defect in the Products shall not, under any circumstances, exceed the purchase price paid by the Customer for the Products in question.
13.5. Whilst the Company takes reasonable measures to ensure that the content of the Website is accurate and complete, the Company 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.
13.6. In addition to the disclaimers contained elsewhere in these Terms and Conditions, the Company makes no warranty or representation, whether express or implied, that the information or files available on the Website are free from viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, disrupt, destroy, compromise, 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 the Company, its employees, agents, or authorised representatives.
13.7. The Company disclaims any liability for damage, loss or expenses, 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 arising out of the gross negligence or wilful misconduct of the Company, its employees, agents, or authorised representatives or as otherwise provided by law.
13.8. The Company 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 the Company, its employees, agents, or authorised representatives.
13.9. The Company shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from a Customer’s use of, or reliance upon, the Website or the content contained in the Website, or an inability to use the Website, and/or unlawful activity on the Website and/or any linked third party website.
13.10. Without limiting the generality of the aforegoing provisions of this clause 13, should the Company, in its discretion, furnish any information to the Customer, including but not limited to technical information in relation to Products and/or manufacturing processes or industry-specific information, the Company will take reasonable measures to ensure that such information is accurate and complete, but gives no warranties and makes no representations, whether express or implied, as to the accuracy, completeness or reliability of any such information. The Company furthermore disclaims any liability for damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with the provision of such information, unless arising out of the gross negligence or wilful misconduct of the Company, its employees, agents, or authorised representatives or as otherwise provided by law.
13.11. Any views or statements made or expressed on the Website are not necessarily the views of the Company, its directors, employees, and/or agents.
13.12. In addition to any other remedies of the Company, the Company shall be entitled to suspend the fulfilment of any Sale Agreement at any time if any event or happening beyond the Company’s control arises, such as non or reduced availability of raw materials, strikes, lock-outs, fire or any act or event which interferes with or prevents the manufacture, production or delivery of the Products, including but not limited to events of force majeure, such as acts or omissions of any government, government agency, provincial or local authority or similar authority, any laws or regulations having the force of law, civil strife, riots, insurrection, sabotage, acts of war or public enemy, legal and illegal strikes, interruption of transport, lockouts, inability on the part of the Company to obtain the goods from suppliers or contemplated suppliers thereof as a result of force majeure of the nature contemplated in this clause, rationing of supplies, flood, storm, fire or (without limitation eiusdem generis) any other circumstances beyond the reasonable control of the Company. The Company shall furthermore be entitled to cancel the Sale Agreement if any of these events or happenings extend beyond 60 (sixty) days on written notice to the Customer to such effect.
14. CUSTOMER INDEMNITY
14.1. The Customer hereby indemnifies and holds the Company and its directors, shareholders, employees and consultants (collectively the “Indemnified Parties”) harmless to the fullest extent possible in law, against any claims (whether direct or indirect) of whatsoever nature or howsoever arising brought against an Indemnified Party, including, without limitation, any loss, liability (whether actual, contingent or otherwise), damage, costs and/or expenses incurred or suffered by an Indemnified Party, arising from or incidental to:
14.1.1. use of the Website or any third party linked websites;
14.1.2. any breach of these Terms and Conditions by the Customer or its employees, agents or representatives;
14.1.3. any breach or contravention of any law or regulation regulating the duties, functions or obligations of the Customer in respect of the Products or the storage, manufacture, marketing, sale or distribution thereof in the Territory;
14.1.4. the manufacture of the Products by the Customer and/or any breach by it of any warranty under paragraph 14.2 below as at the date hereof and at any time in the future; and/or
14.1.5. any other act or omission of the Customer, its employees, agents or representatives.
14.2. Where the Customer undertakes any manufacturing process in respect of the Products it warrants and undertakes to and in favour of the Company that it:
14.2.1. is technically competent to manufacture the Products;
14.2.2. shall manufacture the Products using the raw ingredients and packaging supplied to it by the Company and strictly in accordance with the specifications furnished to it by the Company from time to time;
14.2.3. shall, in the manufacture of the Products, adhere to all reasonable and lawful directives and instructions of the Company from time to time; and
14.2.4. shall ensure that the Products manufactured by it shall be of a high quality and shall comply with all applicable laws and regulations in the Territory.
14.3. The Customer, furthermore, hereby waives any claims (as contemplated in this clause 14) which it may have against any of the Indemnified Parties arising from or incidental to the manufacture of the Products by it as at the date hereof and at any time in the future.
15.1.1. any amount owing by the Customer to the Company be overdue for a period exceeding 14 (fourteen) days whether under the Sale Agreement or any other contract or for any other reason whatsoever; or
15.1.2. the Customer otherwise be in breach any of the provisions of the Sale Agreement or any other contract entered into with the Company,
then, without prejudice to its other remedies under the Sale Agreement or in law, the Company shall have the right by notice in writing to the Customer to:
15.1.3. cancel the Sale Agreement and any other contract between the Company and the Customer;
15.1.4. suspend performance of all or any of its obligations under the Sale Agreement or any other contract between the Company and the Customer; or
15.1.5. demand payment of all amounts owing by the Customer to the Company whether under the Sale Agreement or any other contract between the Company and the Customer, whether or not then due and payable and which will immediately become due and payable on such demand.
16. CESSION AND ASSIGNMENT
16.1. The Customer shall not be entitled to cede, assign or delegate any of its rights or obligations under the Sale Agreement without the prior obtained written consent of the Company.
16.2. The Company shall be entitled to cede, assign or delegate any of its rights or obligations under the Sale Agreement to any other party(ies) on written notice to the Customer to such effect.
17. LINKING TO THIRD PARTY WEBSITES
17.1. The Website may contain links or references to other websites (“Third Party Websites”) which are outside of the Company’s control, including those of advertisers. The Company is not responsible for the practices and/or privacy policies of those third party websites or the “cookies” that those sites may use.
17.2. Notwithstanding the fact that the Website may refer to or provide links to third party websites, use of such third party websites is entirely at your own risk and the Company is 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 therein.
18. AVAILABILITY AND TERMINATION
18.1. The Company shall use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice.
18.2. The Company may in its sole and absolute discretion terminate, suspend and modify the Website, with or without prior notice. You agree that the Company will not be liable to you in the event that it chooses to suspend, modify or terminate the Website other than for processing any Orders made by you prior to such time, to the extent possible.
18.3. If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an Order, this may (in the Company’s sole and absolute discretion with or without notice to you) result in a suspension and/or termination of your access to the Website, without prejudice to any claims for damages or otherwise which the Company may have.
18.4. The Company is entitled, for the purpose of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any Order, or and/or to cancel any Order concluded between you and the Company, in whole or in part, on notice to you. The Company shall only be liable to refund monies already paid by you and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any Order.
19. NOTICES AND DOMICILIUM
19.1. The Company hereby selects the address in clause 20.3 below as its domicilium citandi et executandi for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from the Sale Agreement.
19.2. You hereby select the delivery address specified with your Order as your legal address.
19.3. Each of the Parties shall be entitled from time to time, by written notice to the other to vary its domicilium to any other address which is not a post office box or poste restante.
19.4. Any notice given and any payment made by a Party to any of the others (the “addressee”) which:
19.4.1. is delivered by hand during the normal business hours of the addressee at the addressee's domicilium for the time being shall be presumed, unless the contrary is proved by the addressee, to have been received by the addressee at the time of delivery;
19.4.2. is posted by prepaid registered post to the addressee at the addressee's domicilium for the time being shall be presumed, unless the contrary is proved by the addressee, to have been received by the addressee on the seventh day after the date of posting.
19.5. Where, in terms of this agreement any communication is required to be in writing, the term “writing” shall include communications by telefax and/or e-mail correspondence shall, unless the contrary is proved by the addressee, be deemed to have been received by the addressee one hour after the time of transmission.
19.6. Notwithstanding anything to the contrary herein contained a written notice or communication actually received by a Party shall be an adequate written notice or communication to him notwithstanding that it was not sent to or delivered at their chosen domicilium.
For the purposes of the Electronic Communications and Transactions Act No. 25 of 2002, the Company’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
20.1. Full name: Freddy Hirsch Group (Proprietary) Limited (Registration No. 1956/00899/07)
20.2. Main business: the design, development, manufacture, marketing and sale of equipment for the manufacture of fresh and processed sausage and related meat products, spices or other products used in the meat industry
20.3. Physical address for receipt of legal service: 641 Voortrekker Road, Maitland East, 7405
20.4. Premises: 641 Voortrekker Road, Maitland East, 7405
20.5. Office bearers: Raymond Hirsch (CEO); Brent Hirsch (COO); Haashiem Ajam (Chief Financial Officer)
20.6. Phone number: +27 21 507 4500
20.7. Official email address: email@example.com
Freddy Hirsch Braai More Talk More Summer Campaign
Terms & Conditions
The terms and conditions set out below ("Terms and Conditions") apply to the Freddy Hirsch Summer 2017/2018 Braai More Talk More Promotion ("Promotion") being run and administered by the Freddy Hirsch Group ("Promoter" or "us" or "we"). These Terms and Conditions will prevail in the event of any conflict or inconsistency with any other communications sent to you by us, including advertising or promotional materials. Prize redemption instructions are deemed to form part of the Terms and Conditions and by entering this Promotion all participants will be deemed to have accepted, and shall be bound by, the Terms and Conditions. This version of the Terms and Conditions applies to Participants (defined below) in the Republic of South Africa.
1. Important Provisions
We have a duty, in terms of the Consumer Protection Act, No 68 of 2008 ("CPA") to point out certain important provisions in these Terms and Conditions to you. The clauses which contain these important provisions and the reasons why they are important are set out below. It is very important that you read all of these clauses carefully and not just what we say below.
1.1 Limitation of risk, legal responsibilities and liability. Clauses 14, 15 and 21 herein below are important because they limit and exclude obligations, liabilities and legal responsibilities that we and other persons or entities may otherwise have to you. As a result of these clauses, your rights and remedies against us and these other persons and entities are limited or excluded. These clauses also limit or exclude your right to recover from, or make claims against, the Freddy Hirsch Group for losses, damages, liability or harm you or others may suffer as a result of your participation in the Promotion. Clause 21 herein below is particularly important because you take on risk, legal responsibilities and liability. In terms of this clause, you may be responsible for taxes, fees, claims and other amounts. You will also be responsible for, and you accept, various risks, damages, harm, and injury which may be suffered by you and others for what is stated in this clause.
1.2 Indemnities by you. Clauses 14, 17 and 21 herein below requires you to indemnify (hold harmless) us and other persons or entities against claims, loss, damages, and harm that may be suffered by us and other persons or entities as a result of the events set out in clauses 14 and 17 herein below. You are also required to indemnify us and other persons and entities against claims for loss, damages, and harm that may be made by any person or entity as a result of the events set out in clauses 20 and 21 herein below. This places various risks, liabilities, obligations and legal responsibilities on you, and you will be responsible and liable for the payment of the value of the claims, loss, damages, and harm that may be suffered or claimed.
2. The Promoter is the Freddy Hirsch Group [Registration Number: 1956/00899/07 with its registered office 641 Voortrekker Road , Cape Town, 7405]
3. The Promotion is valid only in South Africa and is open to every South African citizen that is aged 18 or over
4. The Promotion is not open to any agencies, sales agents/ merchandisers, packaging suppliers and their immediate family members (spouses, life partners, parents, grandparents, siblings, children and grandchildren) or their business partners, or any person who is (i) a director, member, partner, or agent of, or consultant to the Promoter or any other person who directly or indirectly controls or is controlled by, the Promoter; or (ii) a supplier of goods or services in connection with the Promoter.
5. The promotion is not open to employees and their immediate families of the Freddy Hirsch Group.
6. Participation in the promotion constitutes your acceptance of these terms and conditions. All information relating to this promotion and published on any promotional material will form part of the terms and conditions of entry.
7. The promotion will run from 15 November 2017 00h00 and end on 15 January 2017 at 23h59. No entries received before 15 November 00h00 and after 15 January 2017 23h59 will be accepted.
8. Participants wishing to participate in the Promotion must:
8.1 Purchase any Freddy Hirsh promotional product.
8.2 Dial *120*847#, and enter the last four digits of their barcode to enter.
8.3 USSD calls are charged at 20c per 20 seconds.
9. You stand to earn a share of R50 000 in airtime vouchers, while stocks last.
9.1 2,500 x R 20 airtime vouchers.
10. All airtime vouchers “Vouchers” will be awarded against valid unique codes submitted via the USSD string. You will be notified at the end of your USSD journey if you have earned airtime.
10.1 Airtime vouchers will be sent directly to the user by means of SMS, on the cell phone number used to enter the Promotion.
10.2 Airtime Vouchers are only available for pre-paid airtime users.
11. Airtime vouchers will be issued for all unique codes submitted, whilst stocks last.
12. You may enter the promotion as many times as you like, but you will need to make a new purchase of Freddy Hirsch promotional products for every entry submitted.
13. By entering this competition Participants are given the opportunity to Opt In to allow Freddy Hirsch and their respective Brands to collect, store and use (not share) their personal information for communication, statistical purposes and marketing communication.
14. No responsibility will be accepted by the Promoter, its associated companies (directors, officers and employees) agents and suppliers, for any prizes which are lost, delayed, corrupted, damaged, misdirected or incomplete or cannot be redeemed for any technical reason, delivery or other reasons.
15. As far as the law allows, all Participants indemnify the Promoter, its associated companies (directors, officers and employees) agents and suppliers, against any/all claims for any loss or damages, whether direct, indirect, consequential or otherwise, arising from any cause whatsoever connected to or arising from their participation in any way in this Promotion and/or any receipt of and/or use of a Voucher.
16. By taking part in this Promotion, Participants hereby warrant that all information submitted to the Promoter is true, current and complete.
17. The Promoter may decline to award a prize (i.e. refuse to issue a voucher to the Participant) if there is a reasonable suspicion of any irregularities or fraudulent activities.
18. As far as the law allows, all warranties and representations in relation to the Promotion not set out in these Terms and Conditions (whether express, implied or tacit) are hereby excluded.
19. As far as the law allows, the Promoter shall only be responsible for those costs which these Terms and Conditions expressly say that the Promoter will pay. The Participant is responsible for (i) any and all applicable local taxes and fees; and (ii) all other costs incurred by it, or arising directly or indirectly from, the Participant's participation in the Promotion, or from the acceptance, receipt, use or enjoyment of any Voucher. Without limiting the rest of this clause< dir="ltr">23, the participant will be responsible for the cost of submitting proof of purchase and entering the promotion and any data charges that apply, as per the tariff rates charged by the participant’s mobile network provider.
20. The Promoter reserves the right to terminate the Promotion immediately and without notice if circumstances beyond its reasonable control prevent the Promoter, its associated companies (directors, officers and employees) agents and suppliers, from continuing to conduct the Promotion. In the event of such termination, as far as the law allows, all Participants acknowledge that they will have no recourse against the Promoter, its associated companies (directors, officers and employees) agents and suppliers, in respect thereof.
21. As far as the law allows the Promoter, its associated companies (directors, officers and employees) agents and suppliers, shall not be responsible for a Participant's failure to access the Promotion for any reason whatsoever including, by way of example only, as a consequence of communications or network failures.
22. These Terms and Conditions shall be governed by the laws of South Africa.
23. If any provision of these Terms and Conditions is found to be invalid or unenforceable by any court of competent jurisdiction, then that provision shall be severed from these Terms and Conditions and shall not affect the validity or enforceability of any remaining provisions.
24. The Promoter may require the winner (at no fee) to be identified, photographed and published online and in printed media. Once consent is received, the Promoters shall have the right to use any photographs and/or promotional footage of the winner in perpetuity howsoever they choose.