Terms and Conditions

Introduction

 

This website can be accessed at www.demza.co.za and is owned and operated by DemZa Bake ‘n Pack CC.

 

These Terms and Conditions govern the ordering, sale, delivery of Goods and the use of the website and they are binding and enforceable against every person that accesses or uses this website (“you”, “your”, or “user”), including, without limitation, each user who registers (“registered user”) on the website.

 

DemZa Bake ‘n Pack CC permits the use of this website subject to the Terms and Conditions. By using this website in any way and by clicking on the “Register Now” button on the website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions unconditionally. You must not use this website if you do not agree to the 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”).

 

These Terms and Conditions contain provisions that appear in similar text and style to this clause and which:

 

  • May limit the risk or liability of DemZa Bake ‘n Pack CC or a third party; and/or

 

  • May create risk or liability for the user; and/or

 

  • May compel the user to indemnify DemZa Bake ‘n Pack CC or a third party; and/or

 

  • Serves as an acknowledgment, by the user, of a fact.

 

 

Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.

 

 

If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask DemZa Bake ‘n Pack CC to explain it to you before you accept the Terms and Conditions or continue using the website.

 

Nothing intended 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 DemZa Bake ‘n Pack CC in terms of the CPA.

 

Description of Goods and / or Services

 

DemZa Bake ‘n Pack CC is a department store in the wholesale and retail establishment offering an extensive range of Goods, including but not limited to; packaging, educational toys, cleaning and wax chemicals, baking ingredients, kitchenware, events accessories, excellent quality school bags and many more.

 

Registration and Use of the Website

 

Only registered users may order Goods on the website.

 

To register as a user, you must provide a unique username and password and provide certain information and personal details to DemZa Bake ‘n Pack CC. You will need to use your unique username and password to access the website in order to purchase Goods.

 

You agree and warrant that your username and password shall:

 

  • Be used for personal use only; and

 

  • Not be disclosed by you to any third party.

 

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.

 

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.

 

Delivery Policy

 

Subject to availability and receipt of payment, requests will be processed within 7 days and delivery confirmed by way of email and/or sms tracking number with the delivery company name.

 

Free delivery for orders over R750.00 (VAT inclusive). (NO SPECIAL DELIVERY AREAS ALLOWED - see below for list of special delivery areas.)

 

Please take note that Bulk Goods and Goods of high volumetric weight will be placed in a separate cart at checkout and are excluded from free delivery. Request a quote from DemZa Bake ‘n Pack CC and one of our consultants will be in contact with you.

 

Delivery fees for orders below R750.00 (VAT inclusive) are available on our website.

 

All delivery fees given will be VAT inclusive. Kindly allow 7-10 days for delivery.

 

Additional charges may apply for deliveries over 15 kg and to special delivery areas in which case a consultant will contact you for a quote. Special delivery areas include: Mines, Power Stations, Plots/Farms, Remote Areas, Military Bases, Game Lodges, Ports/Harbours, Embassies and Consulates, etc. This applies to any delivery requiring a special trip.

 

If the client is not at the premises when the Goods are delivered, the delivery company will contact you for a second delivery time, if again the second delivery is not successful, the client will be responsible for any additional charges.

 

The client may collect the Goods directly from one of our stores, free of charge: Allow 7-10 days before collection at a branch (Parcel must be sent from our Head Office). The client will be notified when the Goods are ready to collect.

 

DemZa Bake ‘n Pack CC ensures that all items are in perfect condition when leaving our warehouse and unfortunately cannot take responsibility for any damages caused to items by the delivery company and/or client.

 

Insurance can however be taken out for an additional fee on the item being delivered. Kindly notify DemZa Bake ‘n Pack CC of your intention to take out insurance so that we can attend to the necessary with the relevant delivery company.

 

If the client chooses to not take out insurance the client will be responsible for the Goods as soon as it leaves the premises / warehouse. (Also see Risk and Ownership clause below).

 

Please take note that the delivery address provided may only be changed by the client before the order has been processed.

 

Stock Availability, Returns, Cancellation and Refund Policy

 

The provision of Goods by DemZa Bake ‘n Pack CC is subject to availability. In cases of unavailability, DemZa Bake ‘n Pack CC will refund the client in full within 30 days.

 

Cancellation of orders by the client will attract the highest of R50.00 or 10% of total order value (excluding VAT) as an administration fee.  Additions to existing orders will be done as a new order.  Alterations will be handled as either a cancellation or additions after an order has been finalized.

 

Should you not be satisfied with any Goods purchased on our website, you may return for a credit, refund or exchange unused Goods in a saleable condition within 15 (fifteen) calendar

days, either directly to a branch or via a delivery company, subject to producing proof of purchase (receipt, invoice, delivery note).

 

If any Goods is returned or exchanged by the client due to the client’s own choice and not because of a defect or fault to the Goods, the client will be responsible for the total delivery fees.

 

Returns may be conditional upon the client submitting photographic proof of the quality issue or defectiveness of the Goods before DemZa Bake ‘n Pack CC will approve the refund.

 

Should any Goods purchased on our website be defective, these Goods, if unaltered, may be returned for a refund, replacement (where stock is available), or repair (where repair is possible) within 15 (fifteen) calendar days of the purchase date, subject to producing proof of your purchase (receipt, invoice, delivery note).

 

Due to health reason we do not accept returns on Goods such as baking ingredients.

 

Warranty

 

The Goods supplied by us shall be suitable only for the purpose designed and intended and you shall ensure the Goods are handled, stored, installed, used, worn or otherwise dealt with in a normal and reasonable manner, and where applicable in a manner consistent with the instructions given when the Goods were purchased.

 

We shall not be liable for any action or claims for injury or damages of whatsoever nature arising from or in connection with the use of the Goods in breach of these Terms and Conditions.

 

Customer Privacy Policy

 

DemZa Bake ‘n Pack CC respect your privacy and shall take all reasonable measures to protect the personal information of users.

 

We will not, without your express consent:

 

  • Use your personal information for any purpose other than for the ordering, sale and delivery of Goods and/or to inform you of new features, special offers and promotional competitions offered by us or any of our branches (unless you have opted out from receiving our newsletter).

 

  • Disclose your personal information to any third party other than to our employees and/or third-party service providers who assist us to interact with you via our website, email or any other method, for the ordering of Goods or when delivering Goods to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently.

 

We are entitled to use your 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 payment, DemZa Bake ‘n Pack CC 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 them.

 

Electronic Communications

 

When you visit the website or send emails to us, you consent to receiving communications from DemZa Bake ‘n Pack CC electronically in accordance with our Customer Privacy Policy.

 

Ownership and Copyright

 

The contents of this website is the property of DemZa Bake ‘n Pack CC and include any information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trademarks, 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.

 

You will not acquire any right, title or interest on or to the website or the website contents.

 

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.

 

Payment Options Accepted

 

Payment may be made via Visa, Master Card Credit cards or Instant EFT. We use Payfast as our payment gateway.

 

When using a credit card, you warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the website.

 

Direct bank deposit or electronic fund transfer: if you pay via direct bank deposit or electronic fund transfer, payment must be made within 5 (five) days of placing your order. DemZa Bake ‘n Pack CC will not accept your order if payment has not been received.

The banking details of DemZa Bake 'n Pack CC can be provided on request.

 

Credit Card Acquiring and Security

 

Credit card transactions, as well as EFT Pro transactions, will be acquired for DemZa Bake ‘n Pack CC by Payfast, who is an approved payment gateway of South Africa.

 

Customer Details Separate from Card Details

 

Client details will be stored by DemZa Bake ‘n Pack CC. For your safety the site does not store any card details. Please re-enter your card details with every transaction.

 

Merchant Outlet Country and Transaction Currency

 

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is ZAR (South African Rand).

 

Export Restriction

 

The offering on this website is available to South African clients only.

 

Risk and Ownership

 

DemZa Bake ‘n Pack CC confirms that once the order has left the warehouse / premises, whether it is being delivered by the delivery company or collected by the client themselves, the risk in and to the Goods will pass to the client.

 

Please refer to the Delivery Policy for additional insurance that can be taken out to secure the Goods.

 

Breach

 

Should you breach any of these Terms and Conditions, we reserve the right to cancel any order and/or your website registration, notwithstanding our rights to exercise other legal remedies available to us.

 

Limitation of Liability

 

DemZa Bake ‘n Pack CC shall take all reasonable efforts to accurately reflect the description, stock availability, prices and delivery charges of Goods on the website.

Should there be any errors of whatsoever nature on the website, DemZa Bake ‘n Pack CC cannot be held liable, save where such liability arises from the gross negligence or wilful misconduct of DemZa Bake ‘n Pack CC, its employees or authorised representatives.

 

DemZa Bake ‘n Pack CC may reserve the right at any time to cancel an order due to any errors on the website and in turn will refund the client accordingly.

 

You hereby indemnify DemZa Bake ‘n Pack CC against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this website.

 

Country of Domicile

 

This website is governed by the laws of the Republic of South Africa and DemZa Bake ‘n Pack

 

  1. chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, 34 William Stow Street, Sasolburg, 1947.

 

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 DemZa Bake ‘n Pack CC not less than 7 days’ notice in writing.

 

Notices must be sent either by hand, prepaid registered post or email and must be in English:

 

  • By hand will be deemed to have been received on the date of delivery;

 

  • By prepaid registered post, will be deemed to have been received 7 days after the date of dispatch;

 

  • By email will be deemed to have been received on the date indicated in the “read receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.

 

Availability and Termination

 

We will use reasonable endeavours to maintain the availability of the website, except during scheduled maintenance periods, and are entitled to discontinue providing the website or any part thereof with or without notice to you.

 

DemZa Bake ‘n Pack CC may, in its sole discretion, terminate, suspend and modify this website and its content (photos, prices etc.) with or without notice to you.

 

You agree that DemZa Bake ‘n Pack CC will not be liable to you in the event that it chooses to suspend, modify or terminate this website other than for processing any orders made by you prior to such time, to the extent possible.

 

General

 

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 DemZa Bake ‘n Pack CC 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 DemZa Bake ‘n Pack CC and no other warranty or undertaking is valid, unless contained in this document between the parties.

 

Disclosures Required in Terms of Section 43 of the Electronic Communications and Transactions Act 25 of 2002

 

Full Name: DemZa Bake ‘n Pack CC

 

Registration Number: 2003/001212/23

 

Country of Incorporation: South Africa

 

Represented by: Jennifer Demaine van Wyk and R & J van Wyk Familie Trust

 

Telephone Number: 056 212 2585 / 071 125 1763

 

Website Address: www.demza.co.za

Email Address: enquiries@demza.co.za

 

Physical Address: 34 William Stow St, Sasolburg, 1947