Terms and Conditions
Terms and Conditions of FreshBox Delivery E-Services South Africa.
This page (together with the documents referred to herein) tells you the terms and conditions upon which we will supply to you the products (Products) listed on our website www.freshbox.co.za (our Site) via one of our subscription services (Services). Please read these terms and conditions carefully before ordering any Products from our Site or subscribing to one of our Services. You should understand that by ordering any of our Products or subscribing to one of our Services, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
1. INFORMATION ABOUT US
Founder Foods (Pty) Ltd is a registered entity within South Africa and operates the website www.freshbox.co.za with permission from Freshbox NPC, a registered non-profit organisation in South Africa.
2. SERVICE AVAILABILITY
Our food delivery service is only intended for use by people residing in South Africa, specifically the Ethekwini area. We do not accept orders from individuals outside the serviced area however we do accept donations regardless of location.
3. YOUR STATUS
By placing a deliverable order through our Site, you warrant that:
You are legally capable of entering into binding contracts; and
You are at least 18 years old;
You reside in South Africa; and
You are accessing our Site from South Africa
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
After placing an order through our standard order form on our Site, you will receive an e-mail from us acknowledging that we have received your order (Acknowledgement). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Products by subscribing to a Service. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that your order has been accepted (Confirmation). The contract between us (Contract) will only be formed when we send you the Confirmation. Note that the Acknowledgement and the Confirmation may be contained in the same email.
The Contract will relate only to those Products whose dispatch we have confirmed in the Confirmation. We will not be obliged to supply any other Products that may have been part of your order until the dispatch of such Products has been confirmed in a separate Confirmation.
The subscription plan to our services consists of an initial charge followed by recurring period charges as agreed by you. By entering into this agreement you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to deactivation. Founder Foods may submit periodic charges (EG monthly) without further authorisation from you, until you provide advance notice that you wish to terminate this authorisation or wish to change your payment method. Such notice will not affect charges submitted before Founder Foods reasonably could act. To terminate your authorisation or change your payment method, log on to your Freshbox Account or email email@example.com
By subscribing to our services you are agreeing to pay recurring periodic subscriptions for an indefinite time until deactivated by you or us, on the subscription terms set out in th application form you have completed subject to variation in accordance with 4.5 below. You can deactivate your subscription at any time provided that you so within the applicable deactivation notice period, ad definied in section 6.1. You will not be charged for any deactivation.
Auto-renewal. Following your initial subscription period, your subscription will be automatically extended for successive renewal periods of the same length, at the then-current non-promotional subscription rate. To deactivate your subscription, you must sign in or email firstname.lastname@example.org. Your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund or any portion of the subscription fee already paid for the then-current period.
We reserve the right at our absolute discretion not to renew your subscription at any time without giving any reasons for our decision.
If you cannot collect you order for a specific week you can either donate all food within your box to our current beneficiary, or choose to get a discount for the identical amount on your subscription for the next week.
5. VOUCHERS AND GIFT CARDS
We may offer gift cards, discount promotions and other types of voucher (Voucher) which require to be activated by online application in order for the holder to commence delivery of Products through a Service. If paid for, the Voucher is deemed to have been sold at the time of payment for it. All of these terms and conditions shall become applicable as between us and the holder of the Voucher (Holder) when the Holder redeems the Voucher by applying for a Service to commence.
A Voucher may only be used once by its Holder and may not be copied, reproduced, distributed or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval.
We reserve the right to withdraw or deactivate any Voucher (other than a paid-up gift card) for any reason at any time.
Vouchers may only be redeemed through our Site and not through any other website or method of communication. To use your Voucher you will be required to enter its unique code at the online checkout and use of such code will be deemed to confirm your agreement to these terms and conditions and any special conditions attached to the Voucher.
Any discounts attached to Vouchers apply to the price of the Products ordered only and not to delivery charges, if any, which will be chargeable at normal rates.
6. CONSUMER RIGHTS AND DELIVERY
FreshBox delivers on Tuesday and Fridays unless otherwise arranged with FreshBox.
All FreshBoxes must be collected by close of business Wednesday (for Tuesday delivery) and close of business Saturday (for Friday delivery) from the stipulated collection point, unless otherwise arranged with FreshBox. Due to the nature of the product, boxes not collected by customers within the required time frame will be collected by Founder Foods and contents disgarded/donated as appropriate.
Please note that the ability to change an order locks 2 business days prior to your scheduled delivery date. Therefore, if you wish to cancel an order in accordance with 4.7, you must do so before the day and time listed above for your respective delivery date.
8. RISK AND TITLE
The Products will be at your risk from the time of delivery.
Ownership of the food Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges. Note again that FreshBox wooden boxes remain the property of FreshBox and a R250 charge will be levied if any damage or loss happens to a box under your rental. Any boxes not returned will trigger allocation of an additional box at an additional R250 deposit.
To maintain the integrity of products after delivery, we recommend customers collect on the day of delivery and immediately wash, refrigerate or freeze perishable items. Quality of products cannot be guaranteed where products are not collected on the day of delivery.
9. PRICE AND PAYMENT
The price of the Products and our delivery charges, if any, will be as quoted on our Site from time to time, except in cases of obvious error.
Product prices include applicable taxes.
Product prices and delivery charges, if any, are liable to change at any time as a result of fluctuating whole sale prices, but changes will not affect orders in respect of which we have already sent you a Confirmation.
Payment for all Products and Services must be by credit or debit card. We accept payment with all 3D secure credit and debit cards. We reserve the right to change the payment methods we accept at any time. We will not charge your credit or debit card for products to be delivered until after the deactivation deadline for such products, with the exception of your first payment under one of our Services which may occur immediately following your initial subscription to said Service.
10. OUR REFUNDS POLICY
If you refuse a Product from us:
Because you have deactivated the Contract between us within the applicable notice period (see clause 6.1 above), we will process a voucher of equal value to be redeemed in a future subscription. You also have the option of donating the full price of your purchase to any of FreshBox’s current beneficiary programmes.
If all or part of a Product (Defective Item) is defective, we will credit you an amount equivalent to the value of the Defective Item towards a future purchase within 30 days of the day we confirmed to you via phone or e-mail that you were entitled to a such credit.
We warrant to you that any Product purchased from us through our Site will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
12. OUR LIABILITY
If we fail to comply with these terms and conditions we shall only be liable to you for, at most, the purchase price of the Products.
Nothing in this agreement excludes or limits our liability for any matter for which it would be illegal for us to exclude or attempt to exclude our liability.
Any suspected ill health as the result of consumption of our products is the liability of you, the consumer, as all food products must be properly washed and inspected by the consumer themselves.
13. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or on the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15. TRANSFER OF RIGHTS AND OBLIGATIONS
The contract between you and us is binding on you and us and on our respective successors and assignees.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
16. INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our Site, whether registered or unregistered, and in the material published on it. These works are protected by copyright laws and all such rights are reserved.
You may print off one copy, and may download extracts, of any pages from our Site for your personal reference. You must not use any part of our copyright materials for commercial purposes without first obtaining a license to do so from us and our licensors.
If you post comments on the Products or Services to any website, blog or social media network (Commentary) you must ensure that such Commentary represents your fairly-held opinions. By subscribing to the Services you irrevocably authorise us to quote from your Commentary on our Site and in any advertising or social media outlets that we may create or contribute to.
17. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
Strikes, lock-outs or other industrial action;
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
Fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster;
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
Impossibility of the use of public or private telecommunications networks; and
The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
Availability and Delivery. Your order will be fulfilled by the delivery date set out in the Confirmation or, if no delivery date is specified, then within 30 days of the date of the Confirmation, absent the occurrence of a Force Majeure Event. In the event of a Force Majeure Event, we are not liable for the cost of any compromised or failed deliveries..
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
A waiver by us of any default will not constitute a waiver of any subsequent default.
No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
20. ENTIRE AGREEMENT
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
Nothing in this clause limits or excludes any liability for fraud
21. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
22. LAW AND JURISDICTION
Contracts for the purchase of Products through our Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by South African law, without respect to its conflict of laws provisions. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of South Africa. You expressly and agree: (i) to submit to the exclusive personal jurisdiction of the courts of South Africa; and (ii) that the Products and the Services shall be deemed passive that do not give rise to personal jurisdiction over FreshBox or Founder Foods, either specific or general, in jurisdictions other than South Africa.