Terms & Conditions
All ordersthat are accepted by Cookie Munch (Pty) Ltd are processed in accordance withthe terms and conditions stipulated below:
1. Introduction
All ordersare processed by Cookie Munch (Pty) Ltd, a private company incorporated,registered and managed in South Africa, subject to the terms and conditions ofsale stipulated hereunder. No other terms and conditions of sale are applicableto the supply of products and services by Cookie Munch, unless duly agreed uponby a designated signatory of Cookie Munch. Cookie Munch may at any time amendthese conditions of sale without prior notice. All orders are processed subjectto the terms and conditions of sale, which are in force at the time of placingthe order. The Customer is deemed to have read and accepted the terms andconditions of sale at the time of placing their order.
Alldescriptions of the products displayed in the Cookie Munch catalogue are onlyapproximate. These descriptions do not form part of the contract between CookieMunch and the Customer. The advertising of products displayed in the CookieMunch catalogue are merely an offer to purchase and do not constituteacceptance of a transaction between the Cookie Munch and the Customer.
2. Prices
The pricesare set at the prices advertised in relation to the products or services as atthe date upon which the order was placed. Products which are not advertised onthe Cookie Munch website but are sourced independently will be priced as perthe quotation issued in respect of such product. All prices are exclusive ofVAT. Prices are subject to change without notice.
3. Orders
Cookie Munchreserves the right to trade and to accept or decline any order regardless ofthe receipt of payment, by giving electronic or telephonic notice ofnon-acceptance of order. An order is deemed to have been accepted, unlessCookie Munch declines such an order within seven (7) business days. Orders areprocessed as per the specifications of the customer. Cookie Munch will endeavorto execute the order completely, subject to the availability of stock.
The Customermust place an order for a product using the stock code displayed with theproduct on the Cookie Munch website. After selecting the desired product(s),the Customer must select the “check-out” option, select method of payment andmethod of delivery. A confirmatory invoice will be sent to the Customer, aswell as an email containing the receipt for the purchase of the product(s).
Cookie Munchregretfully does not process forward-orders. All transactions are processedsubject to the prices advertised on the date upon which an order is placed.
4. Deliveries
Cookie Munchwill endeavor to deliver the product(s) to the Customer as per the Customer’sspecified mode of delivery, as chosen from the delivery options available onthe website. Should the Customer choose another mode of delivery after theorder has been transaction has been completed, the Customer must request adifferent mode of delivery by way of email to Cookie Munch, within forty-eight(48) hours of completion of the transaction.
Times anddates quoted for delivery in the receipt is approximate only and Cookie Munchwill not be held liable for any delays in delivery. The Customer must notifyCookie Munch in the event of a failure of delivery and Cookie Munch willendeavor to rectify the matter.
The signatureof any agent, contractor, sub-contractor or employee of the Customer on CookieMunch ’s official delivery note, invoice or waybill or that of any authorizedindependent carrier will constitute prima facie evidence of the delivery of theproducts reflected thereon.
5. Inspection, non-delivery andtransit delays
The onus ison the Customer to inspect the products delivered immediately after deliveryand to inform Cookie Munch within 24hrs of delivery with regard to any of thefollowing:
i TheCustomer bears the responsibility to refuse delivery of any product deliveredin a visibly damaged condition. The Customer must inform Cookie Munch of anydefect in the product detected upon reasonable inspection of the product.Cookie Munch will, at Cookie Munch ’s discretion, replace the product or willrefund the purchase price of the product.
ii Inthe event of delivery of an incomplete order, the Customer must immediatelyinform Cookie Munch, who will dispatch the products which constitute the balanceof the order.
iii Inthe event of delivery of incorrect products, the Customer must immediatelynotify Cookie Munch, who will, at its discretion, either replace the productsor refund the purchase price.
iv In theevent of non-delivery of an order within 10 business days of after the orderhas been dispatched, the Customer must notify Cookie Munch, who will eitherdeliver the undelivered products or will refund the purchase price. Should theCustomer fail to inform Cookie Munch in the event of any of the aboveoccurring, the Customer shall be deemed to have accepted the goods in thecondition, which they were delivered.
The remediesset out above are the Customer’s exclusive remedies for non-delivery orinsufficient delivery of products or for apparent defects in the product ordelivery of products, which is inconsistent with the order. Cookie Munch willnot be held liable for any losses, consequential or otherwise, or for costs(including legal costs, expenses, liabilities, injuries, loss of profits,business or economic loss, depletion of goodwill, damages, claims, demands,proceedings, judgments or otherwise arising from these circumstances.
6. Payments
Payment termsfor purchases are cash (debit) or credit card. All payments must be made withoutany set-off, deduction or counterclaim.
7. Passing of Risk and Property
Risk of lossor damage to the products shall pass to the Customer upon delivery. Ownershipof supplied products shall not pass to the Customer until the purchase pricehas been paid in full. No orders shall be processed until the purchase pricehas been paid in full.
The Customerauthorizes Cookie Munch and any of its agents to recover the products and toenter any premises of the Customer, accompanied by a Sheriff of the Court forthat purpose. Demand for or recovery of the products by Cookie Munch shall notin itself discharge either Customer’s duty to pay the full purchase price, orCookie Munch ’s right to sue for the entire amount of the purchase price.
8. Product Availability andInformation
CookieMunch reserves the right to discontinue any product or to make any designchanges to its catalogue as part of its product improvement, without any priornotice. Unlessotherwise confirmed, nothing in any Cookie Munch catalogue is to be taken as arepresentation of the source of origin, manufacture, or production of the productsor any part of them.
9. Warranties
Cookie Munchwarrants that it will repair or replace a product, which is found to bedefective, or refund the purchase price. This claim is subject to a claim beingmade in writing to Cookie Munch with twelve (12) months of the original date ofdispatch, or such other extended period as indicated by Cookie Munch inrelation to specified products.
This warrantyshall not apply to any defect resulting from improper use, abuse, failure tofollow instructions for the operation of the product, or any repair ormodification made without the consent of Cookie Munch. The Customer must returnthe products, or make them available for collection by Cookie Munch inaccordance with Cookie Munch ’s instructions and suitably packaged.
The Customermust notify Cookie Munch prior to returning any product and must be issued witha returns number, which will be quoted in all correspondence regarding thereturn of the product. The invoice number of the purchase must also reflectclearly in all correspondence relating to the defective product. Failure tocomply with these requirements may lead to the refusal of the claim.
Any products,which are replaced by Cookie Munch, become the property of Cookie Munch.Ownership of replacement products shall pass to the customer upon delivery. Thereplacement of the replacement product’s warranty shall be the unexpired periodof the original product’s warranty.
The remediesset out above should be Cookie Munch ’s sole liability and the Customer’s soleremedy for any breach of warranty. The Customer acknowledges that it isresponsible for ensuring that the products and services that it orders are fitfor the purposes for which it intends to use them.
10. Cancellations and Returns
The Customermay not cancel any order once Cookie Munch has dispatched such order. CookieMunch may, in writing, allow an order to be cancelled, subject to recovering ofany costs incurred by it from the Customer. In the event of the cancellation ofa part of an order, Cookie Munch may invoice the Customer for the amount of thevalue of the part of the order, which was actually dispatched at the time ofcancellation of the order.
In the eventthat the Customer wishes to return a product and receive a refund, the Customermust return the product to Cookie Munch within 10 business days of receivingthe goods, in its original packaging and in such a condition that it is readyfor immediate resale. The Customer must send written confirmation of the returnto Cookie Munch, quoting the invoice number of the order, the postal addressand contact details of the Customer, and stating reasons for the return. TheCustomer must request instructions regarding the delivery of the return of theproduct from Cookie Munch.
For productsreturned due to customer error or which are no longer required by the Customer,a handling fee may be charged by Cookie Munch in order to process the return ofthe product and refund of the purchase price.
Cookie Munchmay refuse to accept delivery of a returned product if the procedure stipulatedabove for the return of products has not been adhered to.
This returnspolicy does not apply to software, production packaging products, non-catalogueproducts, DVDs, CDs, videotapes, books, outsourced products and speciallymanufactured products. Products arereturned to Cookie Munch at the Customer’s cost and risk. Cookie Munch acceptsno responsibility for any product lost or damaged in transit from the Customerto Cookie Munch.
11. Force Majeure
A forcemajeure event is any event, which is beyond the reasonable control of CookieMunch, such as traffic congestion, strikes, extreme weather conditions,Internet of telephone downtime, or the unavoidable need to apply inflatedprices.
In the eventof a force majeure event occurring, Cookie Munch shall be relieved of itsobligations for the duration of the existence of such event and shall not beliable for any delay and/or failure in the performance of its obligationsduring such period. If the force majeure continues for a period exceeding 14days, Cookie Munch may cancel the affected order or cancel the whole or anypart of these terms and conditions, without any liability to the Customer.
12. Compliance with Laws,Instructions and Warnings
The customermust at all times:
i Complywith all relevant laws, regulations and standards relating to the products,including but not limited to the storage, stacking handling and usage thereof;
ii Complywith the instructions provided by Cookie Munch in relation to the handling andusage of products;
iii Takeproper notice of the warnings provided by Cookie Munch in relation to anyhazards associated with the products or the handling or use thereof;
iv To theextent applicable, communicate the items listed in (i) to (iii) above to allpersons to whom the Customer supplies the goods; and
v Ensurethat the persons referred to in (iv) above undertake to communicate items (i)to (iii) above to all persons to whom they supply the goods, until the goodsreach the end user.
As far as thelaw allows, the Customer hereby indemnifies Cookie Munch against all actions,claims, costs, demands and expenses incurred or suffered by Cookie Muncharising out of the Breach by the Customer of this Clause 12.
13. Breach
If theCustomer breaches any obligation owed by it to Cookie Munch whether under theseterms and conditions of sale or otherwise fails to remedy such breach withinseven (7) days of receipt of written notice from Cookie Munch requiring it todo so, Cookie Munch shall be entitled, without prejudice, to any other laws towhich it may be entitled, to:
i Claimimmediate payment of all amounts payable by the Customer to Cookie Munchnotwithstanding that such sums would otherwise not be due until a later date;
ii Suspendperformance of any obligation owed by it and to claim any additional costs andexpenses incurred by it as a result thereof;
iii Cancelthe contract; and/or
iv To retain,as a penalty, all amounts paid by the Customer or alternatively, to claim suchdamages as it may have suffered.
The Customershall be liable to pay all expenses and legal costs, including attorney andclient costs and collection commission, which Cookie Munch may incur in takingany steps pursuant to any breach of these Terms and Conditions of Sale by theCustomer.
14. Intellectual Property Rights
The customeracknowledges that Cookie Munch is the owner of the intellectual property rightsof the Cookie Munch website, Cookie Munch catalogues, catalogue contents andstock numbers, and that their whole or partial reproduction thereof withoutCookie Munch ’s consent is prohibited.
15. Data Protection andConfidentiality of Customer Information
Any member ofthis Cookie Munch (Pty) Ltd may keep and use personal details of the Customerand its employees for the purposes of providing products and services to theCustomer.
The Customeragrees that Cookie Munch may use the name of the Customer by disclosing it tocertain suppliers of Cookie Munch for the purposes of market research andcommission purposes. The Customer may opt out of having his or her informationused for such purposes by selecting the relevant tab under Newsletter andOpting-Out on the www.cookiemunch.co.za website.
16. Law and Jurisdiction
The contractbetween Cookie Munch and the Customer based on these Terms and Conditions asapplicable to each customer order shall be governed by and interpreted inaccordance with the laws of the Republic of South Africa and the Customersubmits to the non-exclusive jurisdiction of the South Gauteng High Court,Johannesburg.
17. Domicilia
Cookie Munchnominates as its domicilium citandi et executandi the following postal addressfor the service upon it of process, and the following e-mail address forthe service upon it of all notices, in connection with these terms andconditions of sale:
PostalAddress: P.O. Box 11578
Hatfield, Pretoria
Gauteng, South Africa
0028
E-mail: disputes@cookiemunch.co.za
The noticeshall be deemed to have been duly given:
i Five(5) business days after posting, if posted by registered post to the Party’saddress;
ii Ondelivery, if delivered to the Party’s physical address between 09h00 and 17h00on a Business Day, or on the first business day after that if dispatched outsideof these hours;
iii Ondispatch, if sent to the Party’s then email address between 09h00 and 17h00 onBusiness Days or on the first business day after that if dispatched outside ofthese hours;
Unless theaddressor is aware, at the time the notice would otherwise be deemed to havebeen given, that the notice to unlikely to have been received by the addresseethrough no act or omission of the addressee.
A Party maychange that Party’s address or e-mail address to another address within theRepublic of South Africa by giving notice in writing to the other Party, suchchange to be effective only on and with effect from the seventh (7th) day afterthe giving of such notice.
Notwithstandinganything to the contrary contained herein, a written notice or communicationactually received by a party shall be an adequate written notice orcommunication to that Party, notwithstanding that it was not sent or deliveredat that Party’s adequate address.
18. Miscellaneous
Eachprovision of these Terms and Conditions of Sale, and each part of any suchprovision, is separate and severable from the others. To the extent that anyprovision in these Terms and Conditions of Sale, or any part of such provisionis, becomes or is declared by a competent court or any other competentauthority to be unlawful, invalid or unenforceable for any reason or in anyjurisdiction, then it will, to the extent that it is unlawful, invalid orunenforceable be severed from these Terms and Conditions of Sale and treated asif it had not been written (pro non scripto), without invalidating or affectingthe enforceability of the remainder of such provision or the remainder of theseTerms and Conditions of Sale.
19. Consumer Protection Act
These Terms and Conditions of Saleare Regulated by the Consumer Protection Act, 2008 (Act 68 of 2008).Contravention of the provisions of this Act by any part of these Terms andConditions of Sale is unintentional.