Terms & Conditions
Terms & Conditions
You have arrived at our terms and conditions for use of this Website by you. These terms and conditions, together with the terms of conditions of Pay Fast form this Agreement.
This Agreement is a binding agreement between you and Flava & Co. It also sets out some of the terms and conditions governing you purchasing and selling goods and services on this website, so please read it carefully. If you are uncertain, or you do not agree with the terms and conditions, then you should not proceed further and use this website. Your use of this website shall be deemed to be acceptance of these terms and conditions.
We will provide you with the services only once you have accepted the terms and conditions of this Agreement by checking the “I have read and agree” button when registering with us.
By entering any and all personal information on this Website in the creation of an account, in registering with Flava & Co., in making a sale or purchase, participating in an auction and/or by accepting this Agreement, you consent to the processing of your personal information by Flava & Co. in terms of the Protection of Personal Information Act.
PART 1: DEFINITIONS
“Buyer” means you;
“Intellectual Property Rights” means industrial and intellectual property whether protected by common law or under statute including (without limitation) copyright and neighbouring rights, all rights in relation to inventions (including registered patents and the benefit of any applications for a patent), plant varieties, plant breeders, registered and unregistered trademarks, registered and unregistered designs including drawings, circuit layouts and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields anywhere in the world;
“Personal information” or “Your information” means “Personal information”, “your information” or “information” are used interchangeably in this Agreement and all mean any and all information you provide to us in using this Website including, but not limited to:
Your registration details including your name, address, telephone and fax numbers;
Your credit card details or any other financial information;
Unique identifiers including your company name and VAT number;
The information that we learn about you as a result of your use of this website, including without limitation, through the goods and services you acquire if you are a Buyer;
The information obtained from you in confirmation of your identity, address and contact information for security and verification reasons;
That information defined as personal information or special personal information in section 1 of the Protection of Personal Information Act;
“Seller” means Flava & Co.;
“Website” means the Internet website by which Flava & Co. offers the Services from time to time, currently flavaand.co
“Total order payment” means the cumulative total of all payments made and allocated to an order excluding any payments that have been reversed from such orders. No cash refunds will be allowed only credits;
“user” or “users” means any Buyer or Seller, or someone who is otherwise using the website;
“VAT” means any value added tax, or other consumption tax;
“we”, “us”, “our”, “ourselves” and “Flava & Co.” are used interchangeably in this Agreement and all mean Flava & Co.;
“you” or “your” means you, as a Buyer;
2 Provision of Services
2.1 We will provide you with the goods and services as reflected on the Website.
2.2 We will provide you with a username and password in order to login as required.
2.3 We reserve the right to alter or vary your preferred username and password at any time and will notify you of any such alteration (by email where possible).
2.4 You agree to provide all necessary equipment, network connections and software to access this Website.
2.5 You agree that Flava & Co. may restrict and/or terminate its services to you at any point in time if Flava & Co., in its sole and absolute discretion, elects to do so and without having to furnish any reasons for doing so.
2.6 All Flava & Co. products and services are backed by a customer satisfaction guarantee. If you are dissatisfied for any reason, contact us via the e-mail on our web page. For grocery or perishable products, you have up to 24 hours after delivery to contact us about the products. For non-perishable products, you have up to 5 days after delivery to contact us about the products. Flava & Co. may require the return of the product with which you are dissatisfied before we substitute an acceptable item or issue a credit on your next order.
3. Once off orders
3.1 We will confirm your order placed on the Flavaand.co website. Confirmation will be via a website message, immediately after the order is confirmed, via an e-mail to the address provided.
3.2 Please note that an order confirmation does not constitute acceptance of an order. Subject to our cancellation rights, acceptance of your order and completion of the contract will take place when we despatch the goods to you.
3.3 If you have placed an order for delivery 2 (two) or more days in advance, we will endeavour to send you either a text or email reminder a few hours before the scheduled delivery time of your order to the mobile phone number or email address you have given us when setting up your account.
4. Customer Complaints
4.1 All Flava & Co. products and services are backed by a customer satisfaction guarantee. If you are dissatisfied for any reason, contact us via the e-mail on the website.
4.2 Your complaints should be addressed to Flava & Co. via our e-mail address listed on our website in the “Contact” section.
5. Return Policy
5.1 The provision of goods and services by Flava & Co. is subject to availability. Where orders have been paid for, but products are unavailable, the customer will be contacted to select an alternative product and this product will be delivered. If the cost of the product is lower than the value of the first selected and paid for item, Flava & Co. will credit the customer’s account with the balance and a credit will be provided with the next order. If the cost of the product is higher that the value of the first selected and paid for item, the customer shall make payment to Flava & Co. for the difference in price. From time to time and due to seasonal availability Flava & Co. reserves the right to substitute ingredients not available with an ingredient compatible with the meal.
5.2 An order can be cancelled by a customer if payment has not yet been made for the order.
5.3 Once payment has been made by the customer for an order, the order can only be cancelled before the order has been dispatched. Flava & Co. will credit the customer’s account with the value of the order and a credit will be provided with the next order.
5.4 If a fresh or perishable product is unsatisfactory when received, the customer must inform Flava & Co. within 24 (twenty-four) hours of delivery. Flava & Co. will either make arrangements for a replacement product to be sent to the customer at no charge or will provide a credit with the next order.
5.5 For non-perishable products, you have up to 3 (three) days after delivery to contact us about the products. Flava & Co. may require the return of the product with which you are dissatisfied before we substitute an acceptable item or issue a credit on your next order.
5.6 If the product is in its original sealed state, Flava & Co. will arrange collection of the item from the delivery address. For national and international deliveries, courier costs for the return will be for the customer’s account. Upon receipt, Flava & Co. will inspect the item and if it is in its original sealed state, we will credit the customer’s account with the value of the item. If the item has been opened and/or used, and the customer is not satisfied, Flava & Co. will pass the customer feedback to the supplier of the item. The remedy is up to the supplier’s discretion and Flava & Co. will not be held responsible for issuing a credit or refund.
5.7 If an incorrect item is received, the customer must contact Flava & Co. within 24 (twenty-four) hours of order receipt. Flava & Co. will investigate the error and where a “short order” or a wrong product has been dispatched, Flava & Co. will arrange to deliver the short-delivered item or swap the ‘wrong’ product for the correct one ordered. Delivery and/or collection of the item will be at Flava Co.’s cost.
6.1 Registering on this Website does not attract a fee.
6.2 Buying on this Website does attract a Total order payment. We may choose in our sole discretion to change our fee structure, billing and credit rules from time to time and such changes shall be effective forthwith.
6.3 We may choose in our sole discretion to change our fee structure, billing and credit rules from time to time, for promotional events and such changes are effective for the dates specified when we post such a promotion on this Website.
6.4 We reserve the right in our sole discretion to alter or remove any Services or withdraw any Services offered. In the event that we introduce a new Service, any fees for that Service will take effect from the launch of that Service, unless otherwise stated.
6.5 Unless otherwise stated, all fees are quoted in South African Rands and are inclusive of VAT.
6.6 Flava & Co. reserves the right to charge a R500 administration fee to re-activate restricted, disabled or blacklisted accounts.
7.1 You agree and warrant to each Seller and separately to us that:
7.1.1 your information:
126.96.36.199 is accurate and not false, misleading, deceptive or fraudulent;
188.8.131.52 does not breach any Intellectual Property Rights of a third party;
184.108.40.206 is made in compliance with all applicable laws, government regulations or guidelines;
220.127.116.11 is not forged, threatening or offensive or otherwise constitutes harassment;
18.104.22.168 does not contain confidential information or trade secrets of a third party unless you have obtained the consent of the third party owner;
22.214.171.124 does not contain any viruses, worms, trojan horses or other invidious programs or data, whether attached to or embedded in other programs or data or not;
126.96.36.199 will not defame (libel or slander) another person or transmit misleading or inaccurate information of any kind, whether of a personal or commercial nature;
188.8.131.52 will be kept up to date and that you will edit your account/profile and any other information accordingly.
7.1.2 you have the legal capacity to purchase any goods or services that you bought, and, will not otherwise be breaching any law in purchasing those goods or services;
7.1.3 the purchase of any goods and/or services on this Website is absolutely at your own risk;
7.1.4 to the extent permitted by law, the Seller may exclude all terms, conditions and warranties whether express, implied, statutory, common law, or otherwise, relating to those goods and services, in all of the Seller’s dealings in connection with the goods and services that you may purchase from the Seller on this Website.
8 Payment Details – Buyer
8.1 By initiating and sending payment through Pay Fast you acknowledge that Flava & Co. may obtain the funds by any one or combination of the following means; by debiting the funds from your Flava & Co. account, obtaining the funds per your instructions by debiting a bank account that you designate or charging your credit card. When you send a payment, until that payment is accepted by the recipient (which may occur instantly), you remain the owner of those funds and Flava & Co. holds those funds as your agent, but you will not be able to withdraw those funds or send the funds to any other recipient unless the initial transaction is cancelled.
8.2 In providing us with the payment information specified, you consent to the processing and/or further processing of such personal information by Flava & Co. in accordance with the Protection of Personal Information Act.
8.3 In making use of Pay Fast, you also acknowledge that (i) Flava & Co. is not a bank and the Service is a payment processing service rather than a banking service, and (ii) Flava & Co. is not acting as a trustee, fiduciary or escrow with respect to your funds.
9 FLAVA & Co. Discretion
9.1 We reserve the right in our sole discretion to alter or remove any information or withdraw any goods or services offered to you if this may create any liability for us whatsoever; or we are required by law to do so; or you breach any provision of this Agreement; or for any other reason whatsoever.
General Terms and Conditions
10 FLAVA & Co. May Change These Terms and Conditions
10.1 We have an absolute discretion to change the terms of this Agreement at any time. If we do so, we will post details of any changes on this Website that will be effective forthwith.
10.2 By accepting this Agreement and any notifications of changes to this Agreement, you also agree to accept and be bound by any changes made by us under this Clause 10. In any event, your continued use of the services after any changes to the terms of this Agreement have taken effect in accordance with Clause 10.1, will be deemed to be your acceptance of those changes to the terms of this Agreement.
11 Compliance with These Terms and Conditions
11.1 You agree to promptly inform us of any breach by you of the terms of this Agreement and of any conduct of another user that you think may be a breach of this Agreement, whether the conduct has ceased, is continuing, or may occur in the future.
11.2 You agree that we may and will monitor your conduct if we believe that you are not complying with the terms of this Agreement. If we do, then we will respect your confidentiality, unless:
11.2.1 doing so would or could implicate us in criminal behaviour, a civil wrong, or any other claim by a person for which we may have to pay compensation;
11.2.2 the law compels, requires, or makes it prudent and desirable for us to divulge or disclose the information we hold or know or any documents we possess; or
11.2.3 we consider it necessary or desirable to make disclosures to preserve or enforce our interests or rights.
11.3 If we believe, whether or not we have conducted any monitoring, that you are not, or may be in danger of not, complying with any of the provisions of this Agreement, then we may send you a warning asking you to rectify your conduct (although we will not be obliged to do so).
11.4 If you:
11.4.1 infringe or are suspected of infringing the Intellectual Property Rights of any other person;
11.4.2 are suspected of having, or are found by conviction, settlement insurance or escrow investigation or otherwise, to have engaged in any fraudulent or other criminal activity in connection with this Website or any other web website; or
11.4.3 have an overdue payment on your Flava & Co. account; or
11.4.4 otherwise breach this Agreement, we may, in our absolute discretion:
184.108.40.206 withhold from you, your use of any or all of the Services;
220.127.116.11 delete or remove, without incurring any liability to you, any or all of your information and block in-coming and out-going data or message transfers;
18.104.22.168 restore the Services if and when you can demonstrate clear and complete adherence to the terms of this Agreement on a permanent and consistent basis; and
22.214.171.124 terminate the Agreement that we have entered into with you, and cancel our obligations to provide the Services, if we are not satisfied that you will clearly and completely adhere to the terms of this Agreement, on a permanent and consistent basis, if the services are restored to you.
12.1 We accept no responsibility for any loss or damage, whether direct, indirect or consequential, which may arise from reliance on the information contained on these pages.
12.2 Flavour & Co. has also taken reasonable measures to ensure the integrity of this Website and its contents, however no warranty is given that any files, downloads or applications available via this Website are free of viruses which have the ability to corrupt your system
13 Use of Website
13.1 In using this Website, you must not:
13.1.1 illegally copy, store, use, alter, modify, impair, interfere with or attempt to interfere with, or distribute software or other data;
13.1.2 alter, damage, destroy, erase, interfere with or attempt to interfere with, or infect our files, data and other computer systems and network resources or those of other users or any other person, or access, copy, modify, remove or impair the reliability, security or operation of, any data or files or other information stored in these systems or network resources;
13.1.3 impair the electronic communications to or from, or interfere with or obstruct the lawful use of, or otherwise cause any unauthorised computer functions to our computer systems or those of other users or any other person;
13.1.4 engage in any practice or conduct that is unlawful under any laws applicable to you;
13.1.5 copy, modify, or distribute rights or content from our websites, services or tools or Flava & Co.’s copyrights and trademarks;
13.1.6 harvest or otherwise collect information about users (including email addresses), trades listed or sales activities conducted on Flava & Co. without the express permission of Flava & Co.;
13.2 Any links or references (direct or indirect) to other web websites on this Website are provided for your convenience only and do not, and are not an express or implied endorsement by us, of those Websites, or the products and services contained on those Websites.
13.3 The information and material contained on this Website has been prepared in accordance with the laws of the Republic of South Africa for use in the Republic of South Africa only. It may not comply with the laws of any other country. We make no representation that the information and material contained on this Website complies with the laws (including any Intellectual property laws) of any country other than the Republic of South Africa. If you choose to access this Website from outside the Republic of South Africa, you do so at your own risk and will be responsible for ensuring compliance with the laws of the country in which you are located.
13.4 Using information about other Flava & Co. users –
13.4.1 You agree to use user information only in accordance with applicable laws and regulations (including, without limitation, The Protection of Personal Information Act and other data protection laws) and only for:
13.4.2 You will not engage in spamming, indiscriminate advertising, unsolicited commercial email, cyber squatting or typo squatting.
13.4.3 You will not operate or utilise a web website or email link to web websites that contain or promote any of the following types of content: libellous, defamatory, obscene, pornographic, abusive, violent, bigoted, hate-oriented, illegal, cracking, hacking or warez, or that offer any illegal goods or services, or link to a web website(s) that do so.
14 Entering into this Agreement
14.1 You represent and warrant to us:
14.1.1 if you are an individual that you are eighteen (18) years of age or over and of full legal capacity and thus capable of entering into this Agreement and performing your obligations under this Agreement; or
14.1.2 if you are a juristic entity:
126.96.36.199 that you are duly incorporated and have been issued with a certificate of commencement of business and have the power to own/sell property; and
188.8.131.52 entering into this Agreement does not violate your Constitution; and
184.108.40.206 you have the power and have taken all corporate and other action required to enter into this Agreement and to authorise entering into this Agreement and performing your obligations under this Agreement.
14.2 Transactions in case of a minor
14.2.1 If you are under 18 (eighteen) years of age or if you are not legally permitted to enter into a binding and enforceable agreement, then you may not register as a user or make use of the services of Flava & Co., unless you are duly supervised by and you have obtained the consent of your parent or legal guardian or spouse.
14.2.2 If your parent or legal guardian supervises you and gives his/her consent, then such person hereby agrees to be bound and to be liable and responsible for you and for all your obligations or duties in terms of the agreement entered into between yourself and Flava & Co.(Pty) Ltd.
14.2.3 We strictly reserve our rights to refuse our service, terminate/suspend your account or cancel orders, should Flava & Co., in our sole discretion find that you have failed for whatsoever reason to comply with the aforementioned provisions or the remaining provisions of these terms and conditions, without prejudice to any other rights that we may have at law.
14.2.4 To the extent that you utilize our services, we shall deem it that you were / are supervised by and that you have obtained the consent of your parent or legal guardian or curator or trustee. The onus to prove that you were not supervised or did obtain the requisite consent shall rest with you.
15.1 We take every precaution to prevent the loss, misuse and alteration of all information under our control. When you submit sensitive information via our website, your information is protected both online and offline.
15.2 Correction/Updating Personal Information:
15.2.1 If your personally identifiable information changes (such as your email address), or if you no longer desire to use our services, you may correct, update or remove your personal data provided to us.
15.2.2 Should you wish us to remove your personal data provided to us, we will delete your account. However, records of your personal information will be retained for a period of 5 (five) years as required for lawful purposes related to our functions and activities and for statistical purposes in accordance with the Protection of Personal Information Act. This information will merely be retained and not used, shared or sold. If you have any questions about this privacy statement or any questions regarding access to and the protection of your personal information, the practices of this website, or your dealings with us, you can contact us on firstname.lastname@example.org
If you no longer wish to receive our newsletter, information about products and services and special deals, surveys, or promotional materials from us or our partners you may opt-out of receiving these communications by following the unsubscribe instructions in the relevant email or by emailing us at email@example.com
17 User Traffic and its Content
17.1 While we will always endeavour to maintain ongoing access, and, prevent and correct disruptions and failures on this Website, we cannot and do not exercise control over the data, files and other information passing through our computer systems and network resources. Therefore you agree that you:
17.1.1 are responsible for the flow and storage of your information through our computer systems and network resources;
17.1.2 take full responsibility for data, files and other information you own, send, or receive and ensure that at all times you maintain adequate backup copies as appropriate;
17.1.3 must not engage in mass postings of messages, either through e-mail or onto newsgroups, or engage in any harassment, ‘electronic stalking’ or ‘spam’;
17.1.4 must respect and abide by the conventions and rules governing the use of newsgroups, lists, discussion forums (such as ICQ and internet relay chat or similar channels), and networks, and must not post messages or otherwise communicate inappropriately, or send unsolicited messages (commercial or otherwise); and
17.1.5 accept that certain content on this Website, despite any steps we may take may contain material that you may find inappropriate, offensive, inflammatory, or adult in nature and further accept that we do not endorse such materials and disclaim any and all liability for their contents.
17.2 We cannot and do not know whether you have given access to your Flava & Co. account to other people. You are therefore totally responsible for:
17.2.1 when and how your account with us is used; and
17.2.2 the actions of the people (if any) you allow to access, or transmit information through this Website, our computer systems and network resources or otherwise utilise the Services (whether or not you have given them your login and password details or not).
18 Relying Upon FLAVA & Co.’s Services
You agree that we cannot and do not guarantee, warrant or otherwise imply that:
18.1 you will receive constant and uninterrupted access to this Website or the services; or
18.2 you will receive unlimited access to all of the content available on the Website at any given time;
18.3 We cannot always ensure that this Website, its computer systems and network resources will be fully or continually protected from unlawful access by others, including the infection of data or other information by viruses, or the alteration, misuse, or stealing of data or other information or that any of these activities will be detected.
19. Disclaimer and Limitation of Liability
20.1 You and Flava & Co. must follow the procedure for resolving any dispute in connection with or arising out of this Agreement, in accordance with this Clause 20 before starting any proceedings (except proceedings seeking urgent interlocutory relief).
20.2 The procedure for resolving a dispute is as follows:
20.2.1 first, either you or Flava & Co. may give notice to the other about the nature of the dispute (” Notice “) and you and Flava & Co. will seek to negotiate a settlement within 14 (fourteen) working days of receipt of the Notice;
20.2.2 second, to the extent those negotiations fail, you and Flava & Co. will seek, within a further 2 (two) days, to reach agreement on the appointment of a mediator for resolving the dispute, and failing any such agreement, the mediator shall be appointed by AFSA Secretariate and, the mediation shall be conducted in accordance with the AFSA Administered Mediation Rules; and
20.2.3 failing such a resolution, the dispute, if arbitrable in law, shall be finally resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa by an arbitrator(s) appointed by the Foundation.
20.3 You shall be liable for all costs incurred by us in the enforcement of any rights which we have in terms of this Agreement or in the recovery of any monies due to us, including collection charges and costs on an attorney and own client scale and costs of counsel as on brief whether incurred prior to or during the institution of legal proceedings or if judgement has been granted in connection with the satisfaction or enforcement of such judgement against you.
21. Entire Agreement
21.1 Subject to you also concluding the Pay Fast User Agreement or any third party Agreement, this Agreement constitutes the entire Agreement between you and Flava & Co.
21.2 Unless the context indicates otherwise, this Agreement incorporates all other Agreements between the parties. Should there be any conflict between any other agreement and this Agreement, the provisions of this Agreement shall prevail.
22. Delivery Policy
22.1 A delivery fee may be added to your order and is dependent upon the delivery location.
22.2 We will charge a deposit of R120 deposit for the crate delivered through Flava Crates.
22.2 Orders are subject to a minimum purchase of three meals.
22.3 Deliveries are limited to one delivery per day per household.
22.4 Products are subject to availability and prevailing market conditions. Adverse weather conditions or other events outside of our reasonable control may result in the occasional late or cancelled delivery. In these cases, Flava & Co. will endeavour to contact you as soon as we are able to in order to reschedule your delivery time and date. In any event, our liability to you will be limited to the price of goods not delivered and the cost of delivery. A delivery being delayed is not grounds for return.
22.5 Delivery days and times will be as specified on the Website.
22.6 Deliveries will be made to the address specified in the Website registration. This address can be amended on the Website. Flava & Co. must be notified if the customer relocates.
22.7 Flava & Co. may limit the quantities of goods (particularly goods on special offer) supplied to any one customer if in our opinion the quantity ordered jeopardises availability for other customers.
22.8 All orders are dispatched via road transport, courier service; national or international.
22.9 An order will be deemed to have been delivered if the delivery is signed for by any person at the delivery address. Flava & Co. will be entitled to charge you in full for the order and the cost of delivery.
22.10 You will receive a Delivery Note/Invoice with your delivery. If something is missing from your order, please contact our Customer Service department via firstname.lastname@example.org.
22.11 Flava & Co. will ordinarily only make deliveries when an appropriate person is able to receive the delivery. In the event that you instruct Flava & Co. to leave a delivery unattended at your address Flava & Co. expressly disclaims all liability which may arise by virtue of the delivery being left unattended for a period of time. This includes but is not limited to theft, tampering, contamination and the result of any change in temperature in respect of items which need to be kept chilled or frozen.
22.12 Flava & Co. reserves the right to restrict deliveries in certain areas and this includes the right to eliminate certain areas from our delivery schedule altogether.
22.13 In terms of Flava Crates, because many perishable items are individually prepared, the per-item price you see in your shopping cart for variable weight items is based on an estimated weight. The final price of these variable weight items will be based on the same price per kilogram indicated at time of checkout, but the actual price charged is determined once we have prepared and weighed your order, and that actual price will appear on the delivery note issued to you with your delivery.
Other than as otherwise specified in this Agreement, neither the failure of a party to enforce at any time any of the provisions of this Agreement nor the granting of any time or other indulgence shall be construed as a waiver of that provision or of the right of that party thereafter to enforce that or any other provision.
24 Governing Law
24.1 This Agreement will be governed by the laws in force in the Republic of South Africa and each party unconditionally submits to the non-exclusive jurisdiction of the court of the Republic of South Africa in relation to any legal action, suit or proceedings arising out of or with respect to this Agreement.
24.2 With reference to Clause 24.1, the parties submit to the jurisdiction of the High Court of South Africa, South Gauteng High Court and the parties submit to the jurisdiction of the Magistrate’s Court or the Regional Court irrespective of whether the amount claimed by us exceeds the applicable monetary limit allowed to institute a claim in the Magistrate’s Court or Regional Court.
25.1 You choose your domicilium citandi et executandi (“domicilium”) for the purposes of giving any notice serving any legal process and for any other purpose arising from this Agreement at your addresses, e-mail and telefax numbers as set out in your application for registration on this website.
25.2 Any notice to be served by either party to the other must be in writing and will be sent by hand delivery, post or email to the relevant party to this agreement at its respective address as specified on the application for registration on this Website and, in the case of Flava & Co., Tuscan Place, 373 Jan Smuts Avenue, Craighall Park, South Africa 25.3 In the case of mail it will be deemed to have been served three (3) business days after posting. In the case of an email it will be deemed to have been served if no return email stating that the email cannot be delivered is received. If a notice is served by hand and proof thereof is made available, the notice will then be deemed to be delivered on the actual date and time of delivery.