Terms and Conditions1. PARTIES
1.1. MAIZEY’S PROPRIETARY LIMITED, registration number 1969/071998/07, a company incorporated in accordance with the laws of the Republic of South Africa (“Maizey”); and
1.2. Every person that accesses or uses this Website and/or who registers to use the Website, as contemplated below (“User”).2. INTRODUCTION
2.1. This website can be accessed at www.maizeyonline.co.za, related mobi-sites and software applications (the “Website”) and is owned and operated by Maizey.
2.2. These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of the goods offered for sale and purchase on the Website (“Goods”), and the use of the Website.
2.3. These Terms and Conditions are binding and enforceable against the User.
2.4. By using the Website and by clicking on the “Register Now” or “I Accept” button on the Website, as may be applicable, User acknowledges that the User has read and agreed to be bound by these Terms and Conditions.
2.5. The Website enables the User to shop online for the Goods.3. IMPORTANT NOTICE
3.1.1. LIMITING THE RISK AND/OR LIABILITY OF MAIZEY IN RELATION TO THE USE OF THE WEBSITE;
3.1.2. THE USER ASSUMING RISK IN RELATION TO THE USE OF THE WEBSITE;
3.1.3. IMPOSING AN OBLIGATION ON THE USER TO INDEMNIFY MAIZEY IN CERTAIN CIRCUMSTANCES;
3.1.4. RESULTING IN AN ACKNOWLEDGEMENT OF FACT BY THE USER.
3.2. The User’s attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
3.3. If there is any provision in these Terms and Conditions that the User does not understand, it is the User’s responsibility to ask Maizey to explain it to the User before the User accepts the Terms and Conditions or continues using the Website.
3.4. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either the User or Maizey in terms of the CPA.
3.5. Maizey permits the use of this Website subject to these Terms and Conditions. By using this Website in any way, the User shall be deemed to have accepted all the Terms and Conditions unconditionally. The User must not use this Website if the User does not agree to the Terms and Conditions.4. REGISTRATION AND USE OF THE WEBSITE
4.1. Only registered users may order Goods on the Website.
4.2. To register as a user, the User must provide a unique username and password and provide certain information and personal details to Maizey. The User will need to use its unique username and password to access the Website in order to purchase Goods.
4.3. The User agrees and warrants that the User’s username and password shall:
4.3.1. be used for personal use only; and
4.3.2. not be disclosed by the User to any third party.
4.4. For security purposes the User agrees to enter the correct username and password whenever ordering Goods, failing which the User will be denied access.
4.5. The User agrees that, once the correct username and password relating to the User’s account has been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, the User will be liable for payment of such order, save where the order is cancelled by the User in accordance with these Terms and Conditions.
4.6. The User agrees to notify Maizey immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of the User’s username and password and to take steps to mitigate any resultant loss or harm.
4.7. By using the Website the User warrants that the he or she is 18 (eighteen) years of age or older and of full legal capacity. If the User is under the age of 18 (eighteen) or if the User is not legally permitted to enter into a binding agreement, then the User may use the Website only with the involvement and supervision of the User’s parent or legal guardian. If the User’s parent or legal guardian supervises the User and gives the User consent, then such parent or legal guardian agrees to be bound to these Terms and Conditions and to be liable and responsible for the User and all the User’s obligations under these Terms and Conditions.
4.8. The User agrees that the User 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, the User agrees that he or she will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Maizey representative (such consent is deemed given for standard search engine technology employed by internet search websites to direct internet users to this Website).
4.9. The User may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
4.10. The User 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 Maizey representative.5. CONCLUSION OF SALES AND AVAILABILITY OF STOCK
5.1. Registered users may place orders for Goods, which Maizey may accept or reject. Whether or not Maizey accept an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by Maizey for the Goods.
5.2. Maizey will indicate the acceptance of the User’s order by delivering the Goods to the User or allowing the User to collect them, and only at that point will an agreement of sale between the User and Maizey come into effect. This is regardless of any communication from Maizey stating that the User’s order or payment has been confirmed. Maizey will indicate the rejection of the User’s order by cancelling it and, as soon as possible thereafter, refunding the User for any amount already paid.
5.3. Prior to delivery or the User’s collection of the Goods, the User may cancel an order at any time provided the User does so before receiving a dispatch or delivery notice. After delivery or the User’s collection of the Goods, the User may return the Goods only in accordance with clause 8 (Returns Policy).
5.4. Placing Goods in a ‘shopping basket’ without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available or the price thereof might change, without notice to the User The User may not hold Maizey liable if such Goods are not available or are not available at the particular price when the User completes or attempts to complete the purchase cycle at a later stage.
5.5. The User acknowledges that stock of all Goods on offer is limited and that pricing may change at any time without notice to the User. In the case of Goods for sale, we will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, Maizey cannot guarantee the availability of stock. When Goods are no longer available after the User have placed an order, Maizey will notify the User and the User will be entitled to a refund of any amount already paid by the User for such Goods.
5.6. Certain Goods may not be purchased for re-sale. Should Maizey suspect that any such Goods are being purchased by the User for re-sale, Maizey is entitled to cancel the User’s order immediately on notice to the User.6. PAYMENT
6.1. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
6.2. Payment can be made for Goods via -
6.2.1. debit card;
6.2.2. credit card: where payment is made by credit card, Maizey may require additional information in order to authorise and/or verify the validity of payment. In such cases Maizey is entitled to withhold delivery until such time as the additional information is received by Maizey and authorisation is obtained by Maizey for the amounts. If we do not receive authorisation, the User’s order for the Goods will be cancelled. The User warrants that he/she/it are fully authorised to use the credit card supplied for purposes of paying the Goods. The User also warrants that the credit card used to purchase the Goods has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
6.2.3. direct bank deposit or electronic funds transfer: if the User pays via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing the order. We will not accept the order if payment has not been received;
6.2.4. Instant EFT.
6.3. The User may contact Maizey to obtain a full record of the payment. Maizey will send the User an email regarding the order and payment.
6.4. Once the User has selected the payment method (save for a direct bank deposit), the User will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.7. DELIVERY OF GOODS
7.1. Maizey offers 2 (two) methods of delivery of Goods to the User. The User may elect delivery via:
7.1.1. courier; or
7.1.2.self-collection (including collection by an authorised third-party at the sole cost of the User).
Please Note, upon checkout on the "Delivery Method" area, when you select "Collection"
You will only be able to collect the goods you have Ordered from the Online Store
at the Maizey Pretoria West Branch. You will not be able to collect your Order from any other branch
7.2. Maizey’s delivery charges are subject to change at any time, without prior notice to the User. The User will see the applicable delivery charges in the User’s cart when the User checks out.
7.3. Where Maizey accepts the User’s order, Maizey will deliver the Goods to the User as soon as reasonably possible, but no later than 30 (thirty) days of receipt of the User’s payment (“Delivery Period”). Maizey will notify the User if Maizey is unable to deliver the Goods during the Delivery Period. The User may then, within 7 (seven) days of receiving such notification elect whether or not to cancel the User’s order for the Goods. If the User elects to cancel the User’s order, Maizey will reimburse the User for the purchase price.
7.4. Maizey’s obligation to deliver a product to the User is fulfilled when Maizey’s delivers the product to the physical address nominated by the User for delivery of the order. Maizey is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by the User.
7.5. Ownership, risk and benefit in and to the Goods will transfer from Maizey to the User in accordance with clause 7.1.8. RETURNS / REFUNDS POLICY
8.1. Maizey’s shall return Goods or refund customers in accordance with Sections 20, 55 and 56 of the CPA and Maizey’s Returns/Refunds Policy is set out below.
8.2. For purposes of this clause 8, a ‘defect’ constitutes any material imperfection in the manufacture of the Good/s or any characteristic of the Good/s which makes the Good/s less acceptable than one would reasonably be entitled to expect in the circumstances.
8.3. Goods may not be returned unless the incorrect Goods have been supplied or the Goods are damaged or faulty upon delivery. In such an instance Maizey will exchange the Goods on condition that:
8.3.1. the Goods are returned in their original condition, including packaging, documentation, warranty cards, manuals and accessories;
8.3.2. the User returns the Goods within 10 (ten) business days of receipt and confirms same by sending a written notice to Maizey.
8.4. Should the Goods be defective at the time of delivery to the User, the User must please notify Maizey within 3 (three) days by logging a return with Maizey. The defective Goods will be collected from the User at no charge. Once Maizey receives the Goods, it shall, subject to clause 8.5 and clause 8.6, take reasonable steps to repair/replace the Goods as quickly as possible (if such a repair is possible/if Maizey has the same product in stock with which to effect a replacement). If repair and/or replacement is not possible, Maizey will inform the User and Maizey shall refund the purchase price within 30 (thirty) days thereof.
8.5. The following will NOT be regarded as defects and will not entitle the User to a return under this clause 8:
8.5.1. faults resulting from normal wear and tear;
8.5.2. damage arising from negligence, user abuse or incorrect usage of the product;
8.5.3. damage arising from electrical surges or sea air corrosion;
8.5.4. damage arising from a failure to adequately care for the product;
8.5.5. damage arising from unauthorised alterations to the product;
8.5.6. bespoke Goods, created on instructions of the User;
8.5.7. any damage whatsoever caused to the Goods in any manner howsoever arising by the third-party authorised to collect the Goods, as contemplated in clause 7.1.2.
8.5.8. where the specifications of Goods, although accurately described on the Website and generally fit for its intended purpose, do not suit the User.
9.1. We respect the User’s privacy and will take reasonable measures to protect it, as more fully detailed below.
9.2. Should you decide to register as a User on the Website, Maizey’s may require the User to provide Maizey with personal information which includes but is not limited to, the User’s -
9.2.1. name and surname;
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 the User’s personal information change, the User must inform Maizey and provide Maizey with updates to the User’s personal information as soon as reasonably possible to enable Maizey to update the User’s personal information.
9.4. The User may choose to provide additional personal information to Maizey, in which event the User agrees to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent the User’s affiliation with anyone or anything.
9.5. Subject to clause 9.6 below, Maizey will not, without the User’s express consent:
9.5.1. use the User’s personal information for any purpose other than as set out below:
188.8.131.52. in relation to the ordering, sale and delivery of Goods;
184.108.40.206. to contact the User regarding current or new Goods or services or any other goods offered by Maizey or any of Maizey’s divisions, affiliates and/or partners (unless the User has opted out from receiving marketing material from Maizey);
220.127.116.11. to inform the User of new features, special offers and promotional competitions offered by Maizey or any of Maizey’s divisions, affiliates and/or partners (unless the User has opted out from receiving marketing material from Maizey);
18.104.22.168. to improve our product selection and the User’s experience on our Website by, for example, monitoring the User’s browsing habits, or tracking the User’s sales on the Website; or
9.5.2. disclose the User’s personal information to any third party other than as set out below:
22.214.171.124. to Maizey’s employees and/or third party service providers who assist Maizey to interact with the User via our Website, email or any other method, for the ordering of Goods or when delivering Goods to the User, and thus need to know the User’s personal information in order to assist Maizey to communicate with the User properly and efficiently;
126.96.36.199. to Maizey’s divisions, affiliates and/or partners (including Maizey’s employees and/or third party service providers) in order for Maizey’s to interact directly with the User via email or any other method for purposes of sending the User marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless the User has opted out from receiving marketing material from Maizey’s);
188.8.131.52. to law enforcement, government officials, fraud detection agencies or other third parties when Maizey’s believes in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these Terms and Conditions;
184.108.40.206. to Maizey’s service providers (under contract with Maizey) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use the User’s information in connection with the services they perform for Maizey and not for their own benefit; and
220.127.116.11. to Maizey’s suppliers in order for them to liaise directly with the User regarding any faulty Goods the User has purchased which requires their involvement.
9.6. Maizey is entitled to use or disclose the User’s 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. In the event of a fraudulent online payment, Maizey 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.
9.7. Maizey will ensure that all of Maizey’s employees, third party service providers, divisions, affiliates and partners (including their employees and third party service providers) having access to the User’s personal information are bound by appropriate and legally binding confidentiality obligations in relation to the User’s personal information.
9.8. Maizey will -
9.8.1. treat the User’s personal information as strictly confidential, save where Maizey is entitled to share it as set out in this policy;
9.8.2. take appropriate technical and organisational measures to ensure that the User’s personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
9.8.3. provide the User with access to the User’s personal information to view and/or update personal details;
9.8.4. promptly notify the User if Maizey become aware of any unauthorised use, disclosure or processing of the User’s personal information;
9.8.5. provide the User with reasonable evidence of Maizey’s compliance with Maizey’s obligations under this policy on reasonable notice and request; and
9.8.6. upon the User’s request, promptly return or destroy any and all of the User’s personal information in Maizey’s possession or control, save for that which Maizey is legally obliged to retain.
9.9. Maizey will not retain the User’s personal information longer than the period for which it was originally needed, unless Maizey is required by law to do so, or the User consents to Maizey retaining such information for a longer period.
9.10. Maizey undertakes never to sell or make the User’s personal information available to any third party other than as provided for in these Terms and Conditions.
9.11. Whilst Maizey will do all things reasonably necessary to protect the User’s rights of privacy, Maizey cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of the User’s personal information, whilst in Maizey’s possession, made by third parties who are not subject to Maizey’s control, unless such disclosure is as a result of Maizey’s gross negligence.
10.1. Maizey may, in its sole discretion, change any of these Terms and Conditions at any time. It is the User’s responsibility to regularly check these Terms and Conditions and make sure that the User is satisfied with the changes. Should the User not be satisfied, the User must not place any further orders on, or in any other way use, the Website.
10.2. Any such change will only apply to the User’s use of this Website after the change is displayed on the Website. If the User uses the Website after such amended Terms and Conditions have been displayed on the Website, it will be deemed that that the User has accepted such changes.11. ELECTRONIC COMMUNICATIONS
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 this Website (“Website Content”) are protected by law. The Website Content is the property of Maizey, its advertisers and/or sponsors and/or is licensed to Maizey.
12.2. The User 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. The User may contact Maizey to obtain permissions for the commercial use of any Website Content.
12.4. Where any of the Website Content has been licensed to Maizey or belongs to any third party, the User’s rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and the User agrees to comply with such third party terms and conditions.13. DISCLAIMER
13.1. The use of the Website is entirely at the Users own risk and the User assumes full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
13.2. Whilst Maizey takes reasonable measures to ensure that the content of the Website is accurate and complete, Maizey 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. If any such representations or warranties are made by Maizey’s representatives, Maizey shall not be bound thereby.
13.3. Maizey disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with the User’s access to or use of the Website and/or any content therein unless otherwise provided by law.
13.4. Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
13.5. Any views or statements made or expressed on the Website are not necessarily the views of Maizey, its directors, employees and/or agents.
13.6. In addition to the disclaimers contained elsewhere in these Terms and Conditions, Maizey also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of the User’s computer system, computer network, hardware or software in any way. The User accepts 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 the User’s hardware or software, save where such risks arise due to the gross negligence or willful misconduct of Maizey, its employees, agents or authorised representatives. Maizey thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with the User’s access to or use of the Website.14. LIMITATION OF LIABILITY
14.1. Maizey 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 willful misconduct of Maizey, its employees, agents or authorised representatives. The User is encouraged to contact us to report any possible malfunctions or errors.
14.2. Maizey shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from the Users use of, or reliance upon, the website or the content contained in the website; or the User’s inability to use the Website, and/or unlawful activity on the Website and/or any linked third party website.
14.3. The User hereby indemnifies Maizey against any loss, claim or damage which may be suffered by the User or any third party arising in any way from the User’s use of this Website and/or any linked third party website.15. TERM AND TERMINATION
15.1. These Terms and Conditions shall remain in full force and effect so long as the User remains a registered user of the Website.
15.2. Without limiting any other provision of these Terms and Conditions, Maizey reserves the right to, in its sole discretion and without notice or liability, deny access to and use of the Website (including blocking certain intellectual property addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms and Conditions or of any applicable law or regulation. Maizey may terminate the User’s use or participation on the Website or delete the Users Account and any content or information that the User posted at any time, without warning, in its sole discretion.
15.3. If Maizey terminates or suspends the Users account for any reason, the User is prohibited from registering and creating a new account under the Users name, a fake or borrowed name, or the name of any third party, even if the User may be acting on behalf of a third party. In addition to terminating or suspending the User’s account, Maizey reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.16. GOVERNING LAW
16.1. These Terms and Conditions are governed by and construed in accordance with the laws of the Republic of South Africa17. DISPUTE RESOLUTION
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms and Conditions ("Dispute" and collectively, the “Disputes”) brought by either party (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Should the Parties be unable to resolve the Dispute by way of negotiation, then the Dispute shall be decided by arbitration by the Arbitration Foundation of Southern Africa (“AFSA”), on terms as provided for by AFSA. The decision of the arbitrator shall be binding on the parties.18. GENERAL
18.1. These Terms and Conditions and any policies or operating rules posted by Maizey in relation to the use of the Website constitute the entire agreement and understanding between Maizey and the User.
18.2. Maizey’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
18.3. These Terms and Conditions operate to the fullest extent permissible by law.
18.4. Maizey may assign any or all of its rights and obligations to others at any time.
18.5. Maizey shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond its reasonable control.
18.6. If any provision or part of a provision of these Terms and Conditions are determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
18.7. There is no joint venture, partnership, employment or agency relationship created between the User and Maizey as a result of these Terms and Conditions or the use of the Website.
18.8. The User agrees that these Terms and Conditions will not be construed against Maizey by virtue of having drafted them.