Introduction
This website can be found and accessed at www.chefsdepot.co.za, related mobi-sites and software applications (the “Website”) and is owned and operated by Foodserv Solutions Proprietary Limited (“Foodserv”, “Chef’s Depot”, “we”, “us” and “our”) solely.
The below mentioned Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale, delivery, collection and return of all products on the Website (“Goods”), and the use of the Website.
The below mentioned 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 as contemplated below (“registered user”). By using the Website 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.
Returns
Please refer to our Returns Policy for more information about returning any Goods (and related refunds, replacements or repairs). The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
Registration and use of the Website
Ordering of Goods on the Website is by Registered Users Only.
To register as a user, you are required to provide a unique username and password and give certain information and personal details to Chef’s Depot. Your unique username and password is required to access the Website in order to purchase Goods.
You agree and confirm that your username and password shall:
be used for your personal use only; and
shall not be disclosed by you to any third party, directly or indirectly.
For security purposes, failing to enter the correct username and password, you will be denied access to the website to order goods, this you agree to.
You agree and confirm 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 and as stipulated by these Terms and Conditions.
You agree and confirm to notify Chef’s Depot 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 confirm 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 and confirm 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, directly or indirectly. 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 Chef’s Depot representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
You agree and confirm that you will under no circumstances use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
You acknowledge and agree that all right, title, interest and ownership (including all rights under all copyright, patent, and other intellectual property laws) in, to, or of this Website are our sole property and are vested in us and accordingly you may not in any way, directly or indirectly, display, publish, copy, print, post and/or otherwise use the Website and/or the information contained therein without the prior written consent of an authorised Chef’s Depot representative.
Amended or Updated Terms
We may periodically update or change these Terms and Conditions, without notice to you. You are advised to review these Terms and Conditions from time to time as your continued use and access of our Website will be deemed to mean that you accept any update or revision to these Terms and Conditions
Law
These Terms and Conditions (including their interpretation and application arising out of the conclusion, breach or termination) are interpreted and governed in all respects by 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 ourselves or you, arising from any of these Terms and Conditions.
Personal Information and Privacy
Your privacy matters to us and we are committed to the protection of your personal information. If you wish to know more about when and how we collect, use, share and store your personal information, please read our Privacy Notice.
Copyright and Intellectual Property Rights
Except as provided to the contrary in these Terms and Conditions, all right, title, interest, and ownership (including all rights under all copyright, patent, and other intellectual property laws) in, to, or of this Website are our sole property and vest in us or a third party licensor.
Our logo and sub-logos, marks, and trade names are our trademarks and no person may use them without our prior written permission. Any other trademark or trade name that may appear on our marketing material and/or our Website is the property of its respective owner.
Except as expressly permitted under these Terms and Conditions, the Website may not be:
modified or used to make derivative works;
rented, leased, loaned, sold or assigned;
reverse engineered or copied; and/or
reproduced or distributed.
We, together with our affiliates and/or subsidiary’s reserve the right to refuse service, terminate accounts, remove or edit content, and/or cancel orders in our sole and absolute discretion.
Conclusion of sales and availability of stock
Registered users may place orders for Goods, which Chef’s Depot may accept or reject. Whether or not Chef’s Depot 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 Chef’s Depot for the Goods.
Chef’s Depot will indicate the acceptance of your order by delivering the Goods to you and only at that point will an agreement of sale between you and Chef’s Depot come into effect. This is regardless of any communication from Chef’s Depot stating that your order or payment has been confirmed. Chef’s Depot will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
Prior to delivery of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy.
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 you. You cannot hold Chef’s Depot liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
You acknowledge and agree that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. Chef’s Depot 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, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, Chef’s Depot will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.
Payment
We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
Whether the Goods are for sale by Chef’s Depot, payment can be made for Goods via –
credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. 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 funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be received by us within 5 (five) days of placing your order. Chef’s Depot will not accept your order if payment has not been received;
You may contact us via our Help page to obtain a full record of your payment. We will also send you email communications about your order and payment.
Once you have selected your payment method (save for direct bank deposit), you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
Secure Online Payments
