TERMS AND CONDITIONS
WELCOME TO LONGCROFT SUPER MEATS!
Longcroft Super Meats is a butchery that sells meat products and other food items to the public in store and via their online store.
This document contains the Terms and Conditions under which the Prospective Buyer (“the User”) may make use of the website http://www.longcroftsupermeats.co.za
Kindly take note that the Longcroft Super Meats walk-in store is physically situated at:
334-336 Longbury Drive Phoenix, Durban 4068 – Kwa Zulu Natal, South Africa.
By using this website, the User confirms their acceptance to be bound by the terms and conditions as stated herein. In the event that the User does not accept the terms and conditions as stated herein, the User should not continue to make use of the website.
2.1. “Client”, “You”, “Your” and/or “the User” refers to all individuals and/or entities accessing and/or making use of the website and accepting the terms and conditions as stated herein.
2.2. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to Longcroft Super Meats.
2.3. “Parties” refers to both the User and Longcroft Super Meats.
2.4. “Services” means the services offered by Longcroft Super Meats to the Client in respect of the supply and sale of meat products and/or other food items under this website or at its physical location as stated above.
2.5. “Festive season” refers to the periods from the 1st to the 15th April as well as the 1st to 31st December.
3.1. The following applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements between the Client and Ourselves:
3.1.1. All terms which refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of offering the Client, the Company’s stated services/products, in accordance with and subject to, the prevailing law of South Africa. Any use of the above definitions or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
3.2. We will at all times endeavour to ensure that the content provided on the website is accurate, true and correct.
3.3. We will endeavour to offer the User a secure and reliable service in respect of the use of the website.
3.4. The User acknowledges that We reserve the right to amend these terms and conditions at any time.
3.5. The User is responsible for ensuring that they visit this page periodically to review the terms and conditions, to which they are bound.
5. LICENSE / INTELLECTUAL PROPERTY RIGHTS
5.1. All content, trademarks and/or data contained on the website, including but not limited to; software, databases, text, graphics, icons, hyperlinks, private information, logos and designs are the property of, or licensed to Longcroft Super Meats.
5.2. Unless otherwise stated, Longcroft Super Meats and/or it’s licensors own the intellectual property rights for all material related to Longcroft Super Meats. All intellectual property rights of Longcroft Super Meats remain fully reserved.
5.3. You may view and/or print pages from the website for your own personal use subject to restrictions under these terms and conditions.
5.4. The User hereby warrants and agrees to the following by accessing the website:
5.4.1. Not to copy or replicate any software, any part of any content or service or use any software and/or content which is available on the website; and
5.4.2. Not to sell, rent or sub-license material from the website;
5.4.3. Not to redistribute content from the website (unless the content is specifically made for redistribution).
5.4.4. Not to hyperlink to Longcroft Super Meats’ content stated on the website; and
5.4.5. The User’s right to access the website does not give them any rights in respect of any intellectual property, content, trademarks, copyrights, registered designs, patents, domain names, know-how, trade secrets or rights of Longcroft Super Meats or any of Longcroft Super Meats’ service/content providers.
5.5. Approved organizations may hyperlink to Our website as follows:
5.5.1. By use of our corporate name; and/or
5.5.2. By use of the uniform resource locator (Web address) being linked to; and/or
5.5.3. By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party’s site.
PLEASE NOTE THAT NO USE OF LONGCROFT SUPER MEATS’ LOGO OR OTHER ARTWORK WILL BE ALLOWED FOR LINKING WITHOUT A TRADEMARK LICENSE AGREEMENT.
Without prior approval and express written permission, You may not create frames around Our Web pages or use other techniques that in any way alter the visual presentation or appearance of Our website.
7. ONLINE STORE & DELIVERY DISCLAIMER
7.1. Please take note of the following:
7.1.1. Product weights are an estimate only and may vary; and
7.1.2. Due to Health and Safety Regulations, no returns will be accepted after delivery.
7.2.1. We reserve the right to change prices, website content and discontinue items without notice to You.
7.2.2. All prices on this website are inclusive of VAT and are quoted in South African Rands (ZAR).
7.2.3. We have made all efforts to make sure that the content on this website is correct, in the event that any information on this website is incorrect due to typographical errors or technical inaccuracies, We will not be held responsible for any direct, indirect, special, incidental or consequential damages that may arise from the use of erroneous information on the site. E&OE.
7.2.4. All images on this website are as close as possible to the actual product, however, it may differ slightly from the actual product.
7.2.5. Online only promotions do not apply in-store and in-store only promotions do not apply online.
7.2.6. All content on this website may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed.
7.3. Delivery Policy
7.3.1. Subject to availability and receipt of payment, orders will be processed within 1 – 2 business days.
7.3.2. In order for Us to deliver orders correctly and timeously the User must provide Us with details that are accurate. We will not be held responsible if any incorrect details are provided by the User at the time of placing the order.
7.3.3. Depending on stock availability and delivery address, delivery can take up to 5 business days from the date of payment.
7.3.4. Please note that the delivery time period may increase during festive seasons due to the shutdown period by our suppliers.
7.4. Export Restriction
7.4.1. The services on this website are available to South African clients only and are deliverable throughout South Africa only.
8. RETURN AND REFUNDS POLICY
8.1. If unhappy with the product, kindly report in writing to US within 24 hours after delivery. We will arrange for the collection and/or exchange of the goods within the next 1 or 2 business days. Products should be unused and in original packaging and original condition.
8.2.1. Should the Client cancel their order after the order has been dispatched, WE will retain a 15% handling fee as well as the delivery costs before refunding the remaining amount to the Client.
8.2.2. The customer will be responsible for the cost of the delivery charge should the customer want to return the product(s).
9.1. We shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569.
9.2. The User acknowledges that while making use of the website, the User may be required to insert certain personal and/or private information about themselves on the website.
9.3. The User hereby consents to Longcroft Super Meats processing his/her personal information for legitimate and business related purposes as contemplated in the Protection of Personal Information Act No. 4 of 2013. The User acknowledges that his/her personal information will be stored electronically in a centralised data base and will be accessible to Longcroft Super Meats’ subsidiary companies and/or associates and/or affiliates and/or service providers for legitimate and business related purposes only.
9.4. Longcroft Super Meats may use this information to provide the User with marketing information regarding Longcroft Super Meats’ products, services and/or events from time-to-time in the future.
9.5. The User may request in writing that Longcroft Super Meats cease sending such marketing information and/or request that their personal information be removed from Longcroft Super Meats’ database or mailing list at any time.
9.6. Longcroft Super Meats will not disclose any personal information of the User apart from what is provided for in this clause. Notwithstanding the above, Longcroft Super Meats may be required to disclose the User’s personal information in instances where it is required by law.
9.7. Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
9.8. If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than Longcroft Super Meats, WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control how that third party uses your personal information.
10.1. Payment Options Accepted:
10.1.1. Payment may be made via Visa or MasterCard.
10.2. Card Acquiring and Security
10.2.1. Card transactions will be processed for the Company via Netcash who are the approved payment gateway for all South African Acquiring Banks. Netcash uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on Our website. Users may go to www.netcash.co.za to view Netcash’s security certificate and security policy.
10.3. Customer Details/Card Details
10.3.1. The Client’s details will be stored by Us separately from card details which are entered by the Client on Netcash’s secure site. For more detail on Netcash refer to www.netcash.co.za.
10.4. Merchant Outlet Country and Transaction Currency
10.4.1. The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
10.5.1. We take 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.
11. FORCE MAJEURE
11.1. In terms of this Agreement, “Force Majeure” means an exceptional event or circumstance as stated below:
11.1.1. which is beyond a Party’s control;
11.1.2. which such Party could not reasonably have provided against before entering into this Agreement;
11.1.3. which having arisen, such Party could not reasonably have avoided or overcome; and
11.1.4. which is not substantially attributable to the other Party.
11.2. Force Majeure may include, but is not limited to, the following exceptional events or circumstances:
11.2.1. War, invasion, terrorism and civil war;
11.2.2. Natural catastrophes including, but not limited to; earthquakes, hurricanes, fires, floods and typhoons;
11.2.3. Epidemics and/or Pandemics;
11.2.4. A National State of Disaster as described under the Disaster Management Act No. 57 of 2002; and
11.2.5. A National State of Emergency as described under the Constitution of the Republic of South Africa, Act No. 108 of 1996.
11.3. In the event that a Party is or will be prevented from performing any of its obligations under this Agreement due to Force Majeure, then it shall give written notice to the other Party of the event or circumstances constituting the Force Majeure and shall specify the obligations and/or the performance of which is or will be prevented. The notice shall be given within 3 (three) calendar days after the Party became aware, or should have become aware, of the relevant event or circumstance constituting the Force Majeure.
11.4. In the event that the Company is prevented from performing their obligations due to a Force Majeure event, the Client shall be entitled to cancel any outstanding orders and the Company will return the Client’s payment in full.
11.5. Each Party shall at all times use all reasonable endeavours to minimise any delay in the performance of this Agreement as a result of Force Majeure. The affected Party shall give notice to the other Party when it ceases to be affected by the Force Majeure.
12.1. The website is designed to act as a tool in assisting the User, with regard to accessing the Company’s services. By making use of the website, and making payment to the Company in respect of the purchase of any of the goods advertised on this website, the User warrants that they fully understand that they are entering into an agreement for the purchase of goods with the Company.
12.2. Whilst We have taken reasonable measures to ensure the integrity of the website and its contents, no warranty, whether express or implied, is given that the website will operate error-free or that any files, downloads or applications available via the website are free of viruses, trojans, bombs, time-locks or any other data, code or harmful mechanisms which has the ability to corrupt or affect the operation of your system.
12.3. In no event shall Longcroft Super Meats, and/or any third party contributors of material to the website be liable for any costs, expenses, losses and damages of any nature arising out of or in any way connected with the User’s use of the website, their inability to use the website and/or the operational failure of the website, and whether or not such costs, expenses, losses and damages are based on contract, delict, strict liability or otherwise.
13.1. The website is designed to act as a tool in assisting the User, with regard to accessing the Company’s services. By making use of the website, and making payment to the Company in respect of the purchase of any of the goods advertised on this website, the User warrants that they fully understand that they are entering into an agreement for the purchase of goods with the Company.
13.2. Users are prohibited from violating or attempting to violate the security of the website, including, but without limitation:
13.2.1. accessing data not intended for such user or logging into a server or account which the user is not authorised to access;
13.2.2. attempting to interfere with the services by means of submitting a virus to the website;
13.2.3. sending unsolicited emails, including promotions and/or advertising of products or services on behalf of the Company;
13.2.4. deleting or revising any material posted by the Company on the website;
13.2.5. using any device, software or routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this site.
13.2.6. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
13.2.7. Users may not use the website in order to transmit or distribute information:
188.8.131.52. in violation of any applicable law or regulation; and/or
184.108.40.206. in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others; and/or
220.127.116.11. that is defamatory, obscene, threatening, abusive or hateful.
13.2.8. The following is prohibited with respect to the website:
18.104.22.168. Using any robot, spider, other automatic device or manual process to monitor or copy any part of the website;
22.214.171.124. Using any device, software or routine or the like to interfere or attempt to interfere with the proper working of the website;
126.96.36.199. Taking any action that imposes an unreasonable or disproportionately large load on the website infrastructure;
188.8.131.52. Copying, reproducing, altering, modifying, creating derivative works, or publicly displaying any content from the website without the Company’s prior written permission;
184.108.40.206. Reverse assembling or otherwise attempting to discover any source code relating to the website or any tool therein, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; and
220.127.116.11. Attempting to access any area of the website to which access is not authorised.
14.1. The terms and conditions constitute the entire agreement between the Company and the User in respect of accessing the Company’s services. Any failure by the Company to exercise or enforce any right or provision of these terms and conditions shall in no way constitute a waiver of such right or provision.
14.2. In the event that any term or condition is not fully enforceable or valid for any reason, such term(s) and/or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.
15. APPLICABLE LAW
15.1. This website is hosted, controlled and managed within in the Republic of South Africa, and therefore South African law shall govern the use or inability to use this website, or any other matter related to this website.
15.2. For all purposes under this agreement, the Company’s domicilium citandi et executandi in respect of court processes, notices, or other documents or communication of whatsoever nature shall be 334-336 Longbury Drive, Phoenix, South Africa.
15.3. The terms and conditions, including any cause of action arising herefrom, will in all respects be governed by and construed under the laws of South Africa.
16.1. Should the User fail to adhere to any of the terms and conditions set out in this agreement, the Company can in its sole discretion make a decision to terminate this agreement and recover all and any costs related to such termination and or terminate, without notice, your access to the website.
17.1. The User hereby consents and submits to the non-exclusive jurisdiction of the Magistrates Court in 29 Somtseu Road, Stamford Hill, Durban. in respect of any dispute arising from or in connection with the terms and conditions as stated herein.
WHILST WE ENDEAVOUR TO ENSURE THAT THE INFORMATION ON THIS WEBSITE IS CORRECT, WE DO NOT WARRANT ITS COMPLETENESS AND/OR ACCURACY; NOR DO WE COMMIT TO ENSURING THAT THE WEBSITE REMAINS AVAILABLE OR THAT THE MATERIAL ON THE WEBSITE IS KEPT UP TO DATE.