Terms and Conditions
This page (together with the documents referred to on it) governs the terms for the ordering, sale, and delivery of goods, and for the use of our website www.themarmaladeclub.co.za, whether as a guest or a registered user. Please read these terms and conditions carefully before you start to use the site. By using our website, you indicate that you accept these terms and conditions and that you agree to abide by them. If you do not agree to these terms and conditions, please refrain from using our website.
These terms and conditions are provided in a layered format so you can click through to the specific areas set out.
This version of the terms and conditions replaces any preceding terms and conditions on our website. We may occasionally update these terms and conditions. When you use our website the version of the terms and conditions posted on this page applies to you.
Introduction
This website can be accessed at www.themarmaladeclub.co.za, related mobi-sites and software applications (collectively referred to as the “website”) and is owned by The Marmalade Club (Pty) Ltd (“The Marmalade Club”, “we”, “us” and “our”).
These Terms and Conditions are binding and enforceable against every person that accesses or uses this website (“you”, “your” or “user”), including without limitation each user who registers an account at www.themarmaladeclub.co.za (“registered user”). By using the website you acknowledge that you have read and agree to be bound by these terms and conditions.
Important notice
These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
If there is any provision in these terms and conditions that you do not understand, it is your responsibility to ask The Marmalade Club to explain it to you before you accept the terms and conditions or continue using the website.
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 you or The Marmalade Club in terms of the CPA.
The Marmalade Club permits the use of this website subject to the terms and conditions. By using this website in any way, you shall be deemed to have accepted all the terms and conditions unconditionally. You must not use this website if you do not agree to the terms and conditions.
Any views or statements made or expressed on the website are not necessarily the views of The Marmalade Club, its directors, employees and/or agents.
The use of the website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the website or reliance on any information on the website.
Access to and use of our website
Access to our website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our websitewithout notice. We will not be liable if for any reason our website is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our website, or our entire website, to users who have registered with us.
If you choose, or you are provided with, a user identification code, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions.
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, save where the order is cancelled by you in accordance with these terms and conditions.
You agree to notify The Marmalade Club 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.
By using the website, you warrant that you are 18 (eighteen) years of age or older 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 to these terms and conditions and to be liable and responsible for you and all your obligations under these terms and conditions.
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 or modify the website or the information contained herein, without the prior written consent from an authorised The Marmalade Club representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).
The Marmalade Club is entitled, for purposes 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 intended by The Marmalade Club to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and The Marmalade Club, in whole or in part, on notice to you. The Marmalade Club shall only be liable to refund monies already paid by you and accepts no other liability which may arise because of such blacklisting and/or refusal to process any order.
You may not use the website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
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 The Marmalade Club representative.
At any time, you can choose to stop using the website, with or without notice to The Marmalade Club.
Ownership and intellectual property rights
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, including but not limited to copyright and trademark law. The website content is the property of The Marmalade Club, its advertisers and/or sponsors and/or is licensed to The Marmalade Club.
You will not acquire any right, title, or interest in or to the website or the website content.
You must not use, distribute or reproduce any part of the materials on our website for commercial purposes without obtaining a licence to do so from us or our licensors.
Where any of the website content has been licensed to The Marmalade Club 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.
Our liability
The material displayed on our website is provided without any guarantees, conditions, or warranties as to its accuracy, including inaccurate information about prices displayed on the website.
The Marmalade Club shall not be liable for any direct, indirect, incidental, special or consequential loss or damage incurred by any user in connection with our website or in connection with the use, inability to use, or results of the use of our website, any websites linked to it and any materials posted on it, including, without limitation any liability for:
You hereby indemnify The Marmalade Club against any loss, claim or damage which may be suffered by yourself or any third part arising in any way from your use of this website and/or any linked websites.
Conditions of sale
These Conditions apply where the Buyer wishes to order certain of the Company's Goods and the Buyer and the Company wish to regulate the sale and purchase of such Goods ("the order"). These Conditions have been brought to the attention of the Buyer.
(1) Interpretation and definition
"the Buyer" means the person who purchases Goods from the Company;
“Company” means The Marmalade Club (Pty) Ltd;
"Goods" means any goods agreed in the contract to be supplied to the Buyer by the Company (including any part or parts of them).
(2) Your status
(2.1) By placing an order through our site, you warrant that:
(2.2) Any personal data that we gather concerning you shall be used only in accordance with our Privacy Policy (hyperlink).
(3) Application of terms, conclusion of sales and availability of stock
(3.1) Subject to any variation under condition the supply of Goods will be on these Conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification, or other document) and no terms or conditions endorsed upon, delivered with or contained in the Buyer's purchase order, confirmation of order, specification or other document will form part of the Conditions.
(3.2) These Conditions apply to all the Company's sales and any variation to these Conditions and any representations about the Goods shall have no effect unless expressly agreed in writing by the Company. The Buyer acknowledges that no reliance has been placed on any such representations for which provision has not been made expressly in writing.
(3.3) Each order for Goods by the Buyer from the Company shall be deemed to be an offer by the Buyer to purchase Goods subject to these Conditions and the Buyer acknowledges that prior to any such order he has notice of and such order is made based on these Conditions. Whether or not the Company accepts 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 the Company for the Goods.
(3.4) No order placed by the Buyer shall be accepted or deemed to be accepted by the Company until a written acceptance of order is issued by the Company or (if earlier) the Company delivers the Goods to the Buyer. For the avoidance of doubt an order confirmation or acknowledgement issued by the Company is not an acceptance of the Buyer's offer, but merely confirmation of the contents of such offer and the Company reserves the right to decide whether to accept such offer in accordance with this clause. The Company will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
(3.5) The Buyer must ensure that the contents of its order are complete and accurate.
(3.6) Once placed, orders cannot be cancelled. If the Buyer no longer wants to receive the order, they can log a return online on receiving their parcel. The item will then be collected from the Buyer and a refund (or exchange, if requested) processed once the items are returned to the Company’s warehouse. The Buyer may return the Goods only in accordance with the Returns & Exchanges Policy (hyperlink).For custom orders, if the status of the Buyer’s order is already “in production”, the Buyer cannot cancel their order because their order has already been printed.
(3.7) Placing Goods in a wishlist or 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 Buyer. The Buyer cannot hold the Company liable if such Goods are not available or are not available at the particular price when they complete or attempt to complete the purchase cycle at a later stage.
(3.8) The Buyer acknowledges that stock of all Goods on offer is limited and that pricing may change at any time without notice to them. In the case of Goods for sale by the Company, the Company 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, the Company cannot guarantee the availability of stock. When Goods are no longer available after the Buyer has placed an order, the Company will notify the Buyer and the Buyer will be entitled to a refund of any amount already paid by them for such Goods.
(4) Description and errors
(4.1) The Company’s marketing materials (“the Marketing Materials") are issued or published for the sole purpose of giving an approximate idea of the Goods described in them and such Marketing Materials do not and will not form part of the contract.
(4.2) The Company shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the website. However, should there be any errors of whatsoever nature on the website (which are not due 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 – in the case of any incorrect purchase price – to the extent of refunding the Buyer for any amount already paid, or otherwise as set out in the Returns & Exchanges Policy (hyperlink).
(5) Returns, refunds and exchanges
Please refer to our Returns & Exchanges Policy (hyperlink) for more information about returning products (and related refunds, replacements or exchanges). The Returns & Exchanges Policy is incorporated into these Conditions by reference (which means that it forms part of these terms and conditions).
(6) Delivery
(6.1) Delivery is on the terms set out in our Shipping Policy (hyperlink) and incorporated into these Conditions by reference. Our delivery charges are subject to change at any time, without prior notice to you, so please check our FAQs (hyperlink) for the most up-to-date information. You will see the applicable delivery charges in your cart when you check out.
(6.2) The Company’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. T is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.
(7) Risk title
(7.1) The Goods will be at your risk from the time of delivery.
(7.2) Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of the Goods, including delivery charges.
(8) Price
Unless otherwise agreed by the Company in writing the price for the Goods shall be:
(9) Payment
(9.1) We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
(9.2) Payment may be made for Goods via the following methods (depending on its availability and/or your eligibility to use such a method):
(9.3) The above payment options are explained in more detail in our FAQs, which are incorporated into these Conditions by reference.
(9.4) You may contact us in writing via customerservice@themarmaladeclub.co.za to obtain a full record of your payment. We will also send you email communications about your order and payment.
(9.5) Once you have selected your payment, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
(9.6) The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
(9.7) Card transactions will be acquired for the Company via PayGate (Pty) Ltd and Payflex (Pty) Ltd. These service providers use the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website.
(9.8) Customer details will be stored by the Company separately from card details, which are entered by the client on PayGate’s or Payflex’s secure websites.
(10) Gift cards and coupons
The Company may from time to time make physical or electronic gift cards (“gift cards”) and promotional coupons or discounts (“coupons”) available for use on the website towards the purchase of the Company’s Goods. Gift cards and coupons can only be redeemed while they are valid and their expiry dates cannot be extended. Please refer to our Gift Cards and Coupons Terms & Conditions (hyperlink) for more information about gift cards and coupons. The Gift Cards and Coupon Terms & Conditions are incorporated into these Conditions by reference.
(10) Custom orders
Custom orders are explained in more detail in our FAQs, which are incorporated into these Conditions by reference.
(11) Bulk orders
Bulk orders are explained in more detail in our FAQs, which are incorporated into these Conditions by reference.
(12) Termination
(12.1) The Company reserves the right to accept or refuse any order and to cancel any uncompleted contract with the Buyer or to suspend in relation to a delivery under any contract if the Buyer fails to observe or perform any of these Conditions.
Privacy Policy
We respect your privacy and will take all reasonable measures to protect it, as more fully detailed in our Privacy Policy (hyperlink), which is incorporated by reference.
Electronic communications
When you visit the website or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with our Privacy Policy (hyperlink) as set out above.
Transactions concluded through our website
Contracts for the supply of goods formed through our website or because of visits made by you are governed by our conditions of sale. Purchases made will be charged in South African Rand (ZAR).
Viruses, hacking and other offences
You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored, or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack.
We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it.
Linking to our website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you.
Our website must not be framed on any other website, nor may you create a link to any part of our website other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy (hyperlink).
If you wish to make any use of material on our website other than that set out above, please address your request to customerservice@themarmaladeclub.co.za.Linking from our website
Where our website contains links to other websites and resources provided by third parties, these links are provided for your information only. These terms and conditions do not apply to those website and The Marmalade Club is not responsible for the practices, contents, resources and/or privacy policies of those websites or the “cookies” that those websites may use.
Notwithstanding the fact that the website may refer to or provide links to other websites, your use of such websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such websites or your reliance on any information contained therein.
Jurisdiction and applicable law
These terms and conditions and our relationship and/or any dispute arising from or in connection with these terms and conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these terms and conditions.
In the event of any dispute arising between you and The Marmalade Club, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Local Division, Johannesburg) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
We retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
Nothing in this clause or the terms and conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
Trademarks
The Marmalade Club is a registered trademark in the Republic of South Africa of The Marmalade Club (Pty) Ltd.
Variations and your concerns
We may revise these terms and conditions at any time, in our sole discretion, by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Any such change will only apply to your use of this 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.
Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our website. If you have any concerns about material which appears on our website, please contact customerservice@themarmaladeclub.co.za.Information
For the purposes of the ECT Act, The Marmalade Club’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the website:
PAIA: The manual published in terms of section 51 of the Promotion of Access to Information Act 2000 may be downloaded from here (hyperlink).
Notices
The Marmalade Club hereby selects Douglas Avenue, Craighall, Randburg, 2196 as its address for the service of all formal notices and legal processes in connection with these terms and conditions (“legal address”). The Marmalade Club may change this address from time to time by updating these terms and conditions.
You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving The Marmalade Club not less than 7 days’ notice in writing.
Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent -
General
The Marmalade Club may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the website or the user’s right to use the website or any of its contents subject to us processing any orders then already made by you.
You may not cede, assign or otherwise transfer your rights and obligations in terms of these terms and conditions to any third party.
Any failure on the part of you or The Marmalade Club to enforce any right in terms hereof shall not constitute a waiver of that right.
If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
No variation, addition, deletion, or agreed cancellation of the terms and conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.These terms and conditions contain the whole agreement between you and The Marmalade Club and no other warranty or undertaking is valid, unless contained in this document between the parties.
