Terms & Conditions 2016-11-14T18:58:45+00:00

MASTERTONS WEBSITE TERMS OF USE

TERMS & CONDITIONS

Website Terms and Conditions of Use Relating to www.mastertonscoffee.co.za

Mastertons Coffee and Tea Specialists (Pty) Ltd.

These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of the Mastertons Coffee and Tea Specialists (Pty) Ltd. (“Provider”) website located at the domain name www.mastertonscoffee.co.za (“the Website”). By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. The User may not access, display, use, download, and/or otherwise copy or distribute Content obtained on the website for marketing and other purposes without the consent of the Provider.

Electronic Communications
By using this Website or communicating with the Provider by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing. Masterton’s may send correspondence to registered users notifying them of new products and special offers from time to time.

E-Commerce & Privacy
The Website www.mastertonscoffee.co.za sells coffee, tea and related goods online. The use of any product bought from this Website is at the purchaser’s risk. The purchaser/ user indemnifies and holds the Provider harmless against any loss, injury or damages which may be sustained as a result of using the products sold on the Website.

The private information required for executing the orders placed through the e-commerce facility, namely the User’s personal information, postal address, delivery address, email address and telephone numbers will be kept in the strictest confidence by the Provider and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the product.

The Provider cannot be held responsible for security breaches occurring on the User’s electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.

Delivery Policy
Subject to stock availability and receipt of payment, requests will be processed within 3 days and handed over to The South African Post Office or a courier company for delivery. The Provider will supply all goods to the delivery company in good order. The Provider will not be held liable for the condition of goods arriving at the User’s chosen delivery address.

Cancelled orders on the e-commerce facility will be refunded after deduction of a 10% charge for administration costs.
The Provider reserves the right to cancel an order for which payment has already been received. This may occur if stock is insufficient. Should the Provider exercise this right, the User will receive a full refund with no deductions.
Any complaints regarding the standard and quality of the product or products bought by consumers through the e-commerce facility should be directed to the Marketing Manager, PO Box 12206, Centrahil, 6006, or info@mastertons.co.za or www.mastertonscoffee.co.za/contact/.

The Provider cannot guarantee a specific delivery time on the day, so please ensure that there will be someone available to receive your order at the specified delivery address should the courier delivery option have been selected.

The courier company used will not contact you to arrange a delivery time. If there is no one present at the specified premises to receive your order delivery may not take place that day and additional charges may be incurred by the User.

Deliveries by courier will only be affected between the hours of 08:00 – 17:00 Mondays to Fridays. No courier deliveries will take place over weekends or public holidays.

Orders dispatched to a South African Post Office counter can be collected during SAPO’s standard trading hours.

Estimated delivery times refer to business days and exclude weekends that may fall within that time period.

Delivery Cost (Standard rate)
Delivery cost is automatically calculated by the website’s Coffee Shop at the end of the Check Out phase and added to your order. It is determined by the delivery method you choose while checking out, be it post office or courier. It is calculated on the total weight and value of the order, as well as the order’s intended destination.

Delivery Times
Products at www.mastertonscoffee.co.za can be delivered in the following estimated times:
1 – 3 Working Days – The Provider offers a FREE 1 – 3 working day local delivery service for all orders of value equal or greater than R125.00 incl. VAT, within Port Elizabeth only. If the User resides within Port Elizabeth, or wishes to have the order delivered within Port Elizabeth, they will have the option of selecting this delivery method during the check out phase. All orders of value less than R136.00 incl. VAT stipulated as local deliveries within Port Elizabeth will incur a delivery charge of R20.00 incl. VAT that will be added to the order during the check out phase.

1 – 3 Working Days – The Provider offers a collection option for those wishing to collect their orders themselves from the Provider’s premises. Upon completion of the order, the User will be notified by email that the order is ready for collection. The Provider’s Business Hours are Monday – Friday 08:00 – 17:00 and Saturdays 08:00 – 13:00. Closed Sundays.

2 – 3 Working Days – The Provider offers a 2 – 3 working day delivery service by courier to selected Main Centres in South Africa. If the User’s town is reflected in the dropdown list of towns where delivery by courier is possible, the User will be able to make use of this service. If the User’s town is not reflected in the dropdown list of towns where delivery by courier is possible, either the postal or collection option will need to be selected.

2 – 5 Working Days – The Provider offers a 2 – 5 working day delivery service by courier to selected outlying towns in South Africa. If the User’s town is reflected in the dropdown list of towns where delivery by courier is possible, the User will be able to make use of this service. If the User’s town is not reflected in the dropdown list of towns where delivery by courier is possible, either the postal or collection option will need to be selected.

5 – 7 Working Days – The Provider offers a postal delivery option through the South African Post Office to all postal addresses within South Africa. Upon your order’s arrival at your selected post office, SAPO will deliver a notification slip to your specified delivery address. Parcels dispatched via SAPO can be tracked through the following links:
www.sapo.co.za or https://sms.postoffice.co.za/tracking/Parcel.aspx, or SAPO can be contacted directly on 0860 111 502 Toll-free.

Returns / Refund Policy
Products may not be returned unless the incorrect product has been supplied by the Provider or the product is damaged or faulty. If the wrong product has been supplied, or if the product is faulty or damaged, the Provider will exchange it on condition that the customer returns the products within five days of receipt. In such an instance, the Provider will make a reasonable effort to exchange the product upon receipt of the returned products, but if replacement is not possible, the Provider will refund the purchase price including delivery cost upon receipt of the returned products.

The User will be liable and charged for all order errors as a result of the User incorrectly specifying requirements, omitting details, supplying incorrect details or selecting an incorrect option if the Provider incurs any expense as a result.

Export Restriction
The offering on this website is available to South African clients and delivery addresses only.

Payment Options
Payment may be made by bank transfer into the Provider’s bank account, the details of which will be provided after checkout.

Responsibility
The Provider takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.

Updating of these Terms and Conditions
Provider reserves the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

Copyright and Intellectual Property Rights
Provider provides certain information at the Website. Content currently or anticipated to be displayed at this Website is provided by Provider, its affiliates and/or subsidiary, or any other third party owners of such content. All such proprietary works, and the compilation of the proprietary works, are copyright the Provider, its affiliates or subsidiary, or any other third party owner of such rights (“the Owners”), and is protected by South African and international copyright laws. The Providers reserve the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.

Limited License to General Users
Provider grants to the User, subject to the further terms of these Terms and Conditions, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only.

This Website and the Content may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial purpose without the express prior written consent of Provider. The license does not allow the User to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative use of this Website or the Content for the benefit of another merchant. The User may not frame nor use framing technologies to enclose the Provider Website or the Content nor any part thereof without the express written consent of Provider. Provider and the Owners do not offer products or services to minors. If you are under the age of 18, you may not respond to or otherwise accept or act upon any offers in the Website.

Provider and the Owners, their affiliates or subsidiary reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Any unauthorised use terminates this license.

Limitation of liability
The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither Provider nor any holding company, affiliate or subsidiary of Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if Provider is expressly advised thereof.

Privacy: casual surfing
The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. The Provider uses this information to determine use of the Website, and to improve content thereon. Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: www.polity.org.za/attachment.php?aa_id=3569

Dealings with 3rd parties
Links to and from the Website from and to other Websites belonging to or operated by 3rd parties (“linked Websites”) do not constitute our endorsement of such linked Websites or their contents nor do we necessarily associate ourselves with their owners or operators. You are solely responsible for identifying and familiarising yourself with any Terms and Conditions which will govern your relationship with such third party/ies. We have no control over linked Websites and you agree that we are not responsible or liable for any content, information, goods or services available on or through any such linked Websites or for any damage, damages or any other loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, information, goods or services available on or through any such linked Websites. You further agree that where you access linked Websites, you do so entirely at your own risk. Your interaction, correspondence or business dealings with 3rd parties which are referred to or linked from or to the Website is similarly entirely at your own risk and are solely between you and such 3rd party including the acquisition, disposal, payment and delivery of any goods or services, and any terms, conditions, warranties or representations associated with such interaction, correspondence or business dealings.

Choice of Law
This Website is controlled, operated and administered by Provider from its offices within the Republic of South Africa. Access to the Website from territories or countries where the content or purchase of the products sold on the Website is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Port Elizabeth High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.

Termination
If you breach any of these Terms and Conditions, we may immediately, automatically and without notice to you, terminate your access to our Website, and/or prohibit your future access to the Website, and/or take appropriate legal action against you (including without limitation, applying for urgent and/or interim relief or claiming damages), without incurring any liability to you of any nature whatsoever and howsoever arising, and all of our rights in this regard are expressly reserved. The Provider reserves the right to refuse service.

Operating Hours
Monday – Friday: 08:00 – 17:00
Saturdays: 08:00 – 13:00
Closed Sundays and Public Holidays

Contact Information / Domicilium Citandi Et Executandi
This website is run by Mastertons Coffee and Tea Specialists (Pty) Ltd. based in South Africa.

If you have any questions, queries or wish to request permission to use any part of this website, please contact us at:

Mastertons Coffee and Tea Specialists (Pty) Ltd
Physical Address:
114 Russell Road
Central
Port Elizabeth
6001

Postal Address:
PO Box 12206
Centrahill
6006

Email: info@mastertons.co.za
Tel: 041 585 4044
Fax: 041 585 7651

A copy of the ECT Act is available at www.acts.co.za/ect_act/