Welcome Eitz Shokolaat (Pty) Ltd, please take a moment to read our Terms and Conditions in order to understand how they apply to your use of our website – www.thechoctree.com
– and any product/s that you may order and purchase online.
www.thechoctree.com (“site”) enables buyers to shop for different food items online. All visitors to the site will be able to see the products on offer, but only those who have registered for an account on www.thechoctree.com will be able to buy.
These Terms and Conditions apply to your use of our website, www.thechoctree.com.
All users and registered buyers that buy from the site are bound by these Terms and Conditions and by registering or using the site at all, you recognise that you’ve read and understood these Terms and Conditions and agree to be bound by them.
Please do not use our website if you do not agree to be bound by these Terms as all online purchases from our website are subject to these Terms and Conditions.
2. Online Terms and Conditions
These Online Terms and Conditions are a contract between you and Eitz Shokolaat (Pty) Ltd, a company registered in the Republic of South Africa in terms of the Companies Act 71 of 2008 and Companies Amendment Bill 40 of 2010, registration number 2005/022495/07, and doing business as Eitz Shokolaat (Pty) Ltd. The company has its physical address at 2,17th Street Orange Grove Johannesburg 2192, Tel: +27 (0) 11 6407641.
Eitz Shokolaat (Pty) Ltd elects this physical address for all purposes regarding these terms and conditions, whether for legal notice or serving of other communication documents of any kind.
3. Applicable Laws
This site is run and controlled from the Republic of South Africa. As such it is governed by South African legislation and any disputes arising in relation to our agreement with you shall, to the extent permitted by law, be subject to the exclusive jurisdiction of the South African courts.
4. Disclaimer and limitation of liability
Use of our website, www.thechoctree.com is entirely at your own risk. You agree, to the extent permitted by law, to indemnify us against any loss or damage suffered or liability incurred by reason of any act or omission on your part or that of any third party acting on your behalf in connection with your use of our website and/or your purchase of any products.
The information, content, services, and features of the website, including text, graphics and links are provided on an “as is” basis. Eitz Shokolaat (Pty) Ltd does not represent that the website or any content, service or feature of the website will be error free, or that it will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality or that the website or the servers that make it available are free from viruses or other harmful components. We accept no liability, to the extent permitted by law, for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused arising from the access or use of our website or the purchase of any of our products. Eitz Shokolaat (Pty) Ltd does not give any warranty, express or implied, in relation to the operation of the website. Information, ideas, and opinions expressed on this website should not be regarded as professional advice. You accept and agree that your reliance on any information contained on the website is entirely at your own risk.
Eitz Shokolaat (Pty) Ltd cannot ensure that any files or other data that you download from the website will be free of viruses or contamination or destructive features.
Eitz Shokolaat (Pty) Ltd is not responsible for the acts or omissions of any third parties in connection with the use of the website.
Eitz Shokolaat (Pty) Ltd is not liable for any damages, liability or harm caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of the Eitz Shokolaat (Pty) Ltd website, whether for breach of contract, delict, or any other cause of action. You are encouraged to report any such performance failures or errors to email@example.com
Eitz Shokolaat (Pty) Ltd is not liable for any indirect, consequential, special, incidental or punitive damages, including lost profits, even if Eitz Shokolaat (Pty) Ltd has been advised of the possibility of such damages.
These Online Terms and Conditions do not affect your statutory rights, including your rights under any applicable consumer laws, which cannot be altered by contract.
5. Content on the www.thechoctree.com
All content on the website, such as information, text, pictures, photographs, graphics, interfaces, and the design, structure and arrangement of the content, belongs to Eitz Shokolaat (Pty) Ltd or is licensed to Eitz Shokolaat (Pty) Ltd and is protected by law. You may not copy, reproduce, upload or post any of the content on the website without Eitz Shokolaat (Pty) Ltd prior written permission. As such, Eitz Shokolaat (Pty) Ltd and its suppliers retain all copyright and other rights to services as well as listings, information, images, videos, and databases.
6. Links to third party websites
The website may include links to websites operated by third parties. Eitz Shokolaat (Pty) Ltd is not responsible for the content of those sites. The links to third party websites from the www.thechoctree.com
7. Changes to Terms and Conditions
Eitz Shokolaat (Pty) Ltd may at its own discretion periodically update or change the Terms and Conditions without notice. Please ensure that you check these Terms and Conditions from time to time, in order to satisfy yourself with any updated or revised Terms and Conditions. The date from which the current set of Terms and Conditions came into effect is included within the Terms and Conditions and will also be updated accordingly for as long as the website continues to exist and be operated Eitz Shokolaat (Pty) Ltd is entitled to terminate these terms and conditions or close down the website at any time, subject to processing any pending purchases.
8. Changes to www.thechoctree.com website
The content on the website and the products and services offered may change from time to time. No notice of any changes will be given to you. Eitz Shokolaat (Pty) Ltd may also interrupt the operation of the website, or any part of the website, to perform routine or non-routine maintenance, to correct any errors, or make other changes.
If you do not comply with these Online Terms and Conditions when accessing or otherwise using the website, Eitz Shokolaat (Pty) Ltd has the right to suspend your access to the website temporarily or permanently without notice to you, depending on the severity of your actions.
By using www.thechoctree.com
website you are representing that you are above the age of 18 years or, if you are below the age of 18 years, that you have the permission of your parent or guardian to use the website and to buy products through the website.
If you are a new customer you will be required to “Register” before proceeding to the “Check Out” page. Enter the requested information, and click the “Submit Registration” button. (Keep in mind that the e-mail address you provide here will be the only e-mail address to which we can send information about subsequent orders.).
11. Billing and personal information
When you set up your online customer account you will choose a username and password. You will have to use these details to log-in to your account. You agree and guarantee that the username and password you use to log in is for your personal use only, and will not be passed on to any third party. You are responsible for keeping these details confidential. You must notify Eitz Shokolaat (Pty) Ltd immediately if there is any unauthorized use of or access to your online customer account. Eitz Shokolaat (Pty) Ltd will not be responsible for any unauthorised use of your username and password or for any losses that you suffer as a result and you will be responsible for any purchases made using your online customer account, where you have failed to keep your username and password secure and confidential. You may be held responsible for any losses suffered by Eitz Shokolaat (Pty) Ltd or any other user of the website as a result of your failure to keep your username and password secure and confidential.
12. Placing an order
The site www.thechoctree.com allows you, the user, to place electronic orders for one or more products on offer. Since some of our products are made to order, it will take between 1-3 weeks for the production and delivery of products depending on the purchased items. Products that are made to order are clearly indicated on the website.
A purchasing contract between you and Eitz Shokolaat (Pty) Ltd only comes into effect once you have fully completed and submitted the online order form for one or more products in your basket and your payment has been authorised by Eitz Shokolaat (Pty) Ltd (or has been received into Eitz Shokolaat (Pty) Ltd bank account).
Once your order has been placed online, you will receive an email confirmation of your order from www.thechoctree.com website. Your offer to purchase products through www.thechoctree.com website will be deemed to be accepted once you have received this confirmation of your order.
The invoice for your purchase will be available online and a copy of this invoice will be included in your parcel.
Before the transaction is completed, you will have the opportunity to review your order that has been placed through the website. You can withdraw your order at any time before finally placing it. If you discover that you have made a mistake with your order after you have submitted it to the website, please contact firstname.lastname@example.org immediately. However, we cannot guarantee that we will be able to amend your order in accordance with your instruction.
13. Payment processing
All transmissions of billing information and data through the website are encrypted and Eitz Shokolaat (Pty) Ltd takes extensive steps to ensure that any transaction through the www.thechoctree.com
website is secure. All credit card transactions are secure socket layers encrypted. Eitz Shokolaat (Pty) Ltd registration documents and the website’s registered domain name are checked and verified by My Gate. You accept that transactions that are performed over the Internet may be vulnerable to being intercepted. Eitz Shokolaat (Pty) Ltd will not be liable for any interception that occurs and any loss that is suffered as a result, where Eitz Shokolaat (Pty) Ltd has taken reasonable steps to prevent this happening.
14. End-users only
Eitz Shokolaat (Pty) Ltd only sells products to end-user customers. You may not purchase products from Eitz Shokolaat (Pty) Ltd for resale. Eitz Shokolaat (Pty) Ltd has the right to refuse or cancel your order if we reasonably suspect that you are purchasing the products for resale purposes.
Eitz Shokolaat (Pty) Ltd Returns Policy can be accessed at http://www.thechoctree.com/returns-policy and is incorporated by reference into these Online Terms and Conditions. If there is any conflict between these Online Terms and Conditions and the Eitz Shokolaat (Pty) Ltd Returns Policy, these Online Terms and Conditions will apply in respect of products sold through the www.thechoctree.com website.16. Pricing changes
Eitz Shokolaat (Pty) Ltd reserves the right at any time and without any advance notice to make changes to the prices of products that are sold through the www.thechoctree.com
website and to correct any pricing errors that may inadvertently occur. Eitz Shokolaat (Pty) Ltd is not liable for any typographical errors that may occur.17. Delivery of the product/s
Products purchased through the www.thechoctree.com website will be delivered to a physical address of your choice, which must be selected during the online ordering process. Deliveries will be performed by one of the courier companies engaged by Eitz Shokolaat (Pty) Ltd. No deliveries will be made on weekends and public holidays. You may be required to sign for delivery and to provide a valid form of identification when your order is delivered. You agree to inspect the products for any obvious faults, defects or damages before you sign for delivery.
If you are not available to take delivery, we may leave your delivery with an adult at the delivery address. If delivery is delayed through your unreasonable refusal to accept delivery, then Eitz Shokolaat (Pty) Ltd may no longer make the products available for delivery by cancelling your order and refunding to you the money already paid to Eitz Shokolaat (Pty) Ltd less Eitz Shokolaat (Pty) Ltd reasonable administration charges (including the costs for attempting to deliver and then returning the products).
Eitz Shokolaat (Pty) Ltd is not liable for any incorrect order or delivery where you make an error in the information that you provided to Eitz Shokolaat (Pty) Ltd e.g. if you provide the incorrect delivery address or submit an incorrect order. If you do not provide a valid physical address for delivery, Eitz Shokolaat (Pty) Ltd may cancel your order and refund the purchase price. It may also not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you place your order, and will arrange for cancellation of the order or delivery to an alternative delivery address.
Products will be delivered as per the stated delivery times on the website. The delivery time will be as per the item purchased and this will be communicated with the buyer.
We take all reasonable steps to ensure that your ordered products are delivered within the time frames described on the website and as communicated with the buyer. You acknowledge that the delivery of your order may be impacted by events beyond Eitz Shokolaat (Pty) Ltd control such as adverse weather conditions or industrial action. Eitz Shokolaat (Pty) Ltd is not liable for late deliveries of products purchased through the www.thechoctree.com website Eitz Shokolaat (Pty) Ltd is also not liable for any losses, damages, charges or expenses that arise out of late delivery. Eitz Shokolaat (Pty) Ltd will, however, try to ensure a smooth delivery process.
Eitz Shokolaat (Pty) Ltd delivers the products in standard packaging. All risk in the products will pass to you upon delivery; from the time when the risk passes to you, Eitz Shokolaat (Pty) Ltd will not be liable for any loss or destruction of the products.
17.1. Delivery in South Africa
thechoctree.com will accept orders for delivery addresses in South Africa, provided such is a valid address recognised by our couriers.
thechoctree.com will accept orders for delivery that come to the maximum weight physically or volumetrically of 20kg. Should your order exceed this amount a representative from Eitz Shokolaat Pty Ltd with be in contact with you regarding any extra delivery charges.
Deliveries are done all over South Africa and since some of our products are made to order, production and delivery will take between three to ten working days depending on the purchased item/s.
For bulk orders clients will be advised accordingly on the expected delivery time.
Orders are delivered Monday – Friday.
All international deliveries are subject to the import and custom laws of that country and thechoctree.com cannot be held responsible if a parcel or item is detained or confiscated due to these laws.
For all international orders, clients are responsible for all shipping, import duties and taxes. These charges vary by country, so please contact your local customs office for details.
Please contact our offices to arrange your own courier company to collect.18. Other terms and conditions
Additional terms and conditions may apply to specific products that are made available through the www.thechoctree.com website and to other features that are made available on the website such as competitions. Those additional terms and conditions form part of these Online Terms and Conditions and you agree that you are bound by them. If there is a conflict between these Online Terms and Conditions and any specific terms and conditions applicable to any particular product or service or feature of the website, the specific terms and conditions will apply.19. Interpreting the contract, governing law and dispute resolution
These Online Terms and Conditions are governed by the laws of South Africa, regardless of conflict of laws principles.
A court may find that some of the provisions of this contract are not enforceable. If this occurs, the remaining provisions of the contract will continue to apply. Eitz Shokolaat (Pty) Ltd will replace the affected provisions with new provisions that achieve the intended purpose but that are capable of being enforced in South Africa.
20. Record of your transaction
If you need to obtain a sales record of your transaction to buy products through the website, you can contact Eitz Shokolaat (Pty) Ltd within 30 days of the transaction. Alternatively, a full record of every sale and related transaction between you and Eitz Shokolaat (Pty) Ltd will be maintained on the Eitz Shokolaat (Pty) Ltd website for a period of 6 months following the date of the purchase. You will be able to view and print these records of your transaction during this period, after which time, you will be responsible for retaining your own record of the relevant transaction.
21. Complaints and notices
We place great value on our customer satisfaction. Complaints and queries should be sent by email to email@example.com. We will attempt to address your concerns as soon as reasonably possible and will contact you on receipt of any relevant enquiry or complaint. In the event of a complaint, it will help us if you can describe the object of your complaint as accurately as possible and, where applicable, send us copies of your order or the order number that we assign you. Should you not have received any reaction from us within five business days, please make further enquiries. In rare cases, your emails may have been caught up in our spam filters or not reach us, or correspondence that we send to you may otherwise not have reached you.
Any legal notices that you give Eitz Shokolaat (Pty) Ltd under this contract must be sent by registered post to P.O. Box 29372, Sandringham, 2131 with a copy to firstname.lastname@example.org.
Where Eitz Shokolaat (Pty) Ltd needs to give you any notice as provided for in this contract or provide additional information about the products and services supplied to you, Eitz Shokolaat (Pty) Ltd will do so by sending you an email or posting a notice on the website. You consent to Eitz Shokolaat (Pty) Ltd providing you with notices or information in this way.
23. Returns Policy
We do our best to make sure that all of our products on the website come with a detailed description and images, and are of the highest possible quality, so that you can shop with confidence.
If the product is damaged, defective or does not match the order, we will collect and refund or replace it at no cost to you. Note that all returns are subject to the conditions below.
When you receive your order, it is IMPORTANT that you check to make sure everything is in good condition (i.e. not damaged or defective) and let us know right away if there is a problem with your order.
Please contact us to notify us of the return, and we will provide details of how you can send us the product, via either a courier pickup that we can arrange (at your cost), or via the Post Office.
24. PRODUCT IMAGES AND REPRESENTATION
We have made every effort to display the Products on the website as accurately as possible, including:
- the images that represent a visual depiction of the product
- features and descriptions that pertain to the product
The actual product delivered may be subject to variations in appearance, as product packaging may differ over time. It remains the responsibility of the customer to ensure that the product ordered is correct, and the product description and/or model number will always overrule any related images when resolving a dispute about a product.