1.1. The term \u201cwebsite\u201d shall mean the website that is accessed through www.haphealth.co.za(the \u201cWebsite\u201d) and is owned and operated by Denise Loubser<\/p>\n
1.2. The website\u2019s Terms and Conditions (\u201cTerms and Conditions\u201d) govern the ordering, sales and delivery of goods, and use of the website are binding and enforceable against every person that accesses or uses this Website (\u201cyou\u201d, \u201cyour\u201d or \u201cuser\u201d), including without limitation each user who registers on the site as contemplated below (\u201cregistered user\u201d). By accessing the website and by registering and\/or signing up to use the website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.<\/p>\n
1.3. The Website enables you to shop online for an extensive range of goods (range of nuts, processed nuts, dried fruit, seeds, grains, legumes, honey, oils), herein referred to as (\u201c the Goods\u201d).<\/p>\n
1.5. HAP draws to your attention that all goods are consumables. These goods may vary in colour, size, shape and appearance from the specifications and image on the site. HAP will specify and advertise goods to the best of their ability but HAP is not liable if same varies.<\/p>\n
1.6. You warrant by using and\/or accessing the Website that you are 18 (eighteen) years of age or older and that you are of full legal capacity. If you are under 18 (eighteen) years of age you are not permitted to legally enter into a binding agreement. You are permitted to use the Website only with the supervision of your parent or legal guardian. If in the instance where 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 resultant obligations under these Terms and Conditions.<\/p>\n
1.7. You are not allowed in any way to use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. Furthermore, 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 Company representative.<\/p>\n
1.8. You are not allowed to, in any way copy, post, display, print, publish or otherwise use the Website and\/or the information contained therein without the express prior written consent of an authorised Company representative. You are not allowed to use the Website to distribute material which is offensive, defamatory, contains or amounts to hate speech or would otherwise be deemed to be unlawful.<\/p>\n
2.1. HAP can, in or at its sole discretion, amend any of these Terms and Conditions at any time. The onus is on you to regularly check the Terms and Conditions to ensure that you are satisfied with any of these amendments.<\/p>\n
2.2. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless they are made in writing and accepted by or on behalf of the parties hereto.<\/p>\n
2.3. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.<\/p>\n
3.1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the \u201cCPA\u201d). These Terms and Conditions contain provisions that appear in similar text and style to this clause and which:<\/p>\n
3.1.1. serves as an acknowledgement, by the user, of a fact and\/or<\/p>\n
3.1.2. may limit the risk or liability of HAP; and\/or<\/p>\n
3.1.3. may compel the user to indemnify HAP; and\/or<\/p>\n
3.1.4. may create risk or liability for the user.<\/p>\n
3.2. Nothing 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 HAP in terms of the CPA.<\/p>\n
3.4. HAP permits the use of this Website subject to the Terms and Conditions. You are not permitted to use this Website if you do not agree to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally.<\/p>\n
3.5. If any provision in these Terms and Conditions are of the extent that you do not understand them, the onus is on you to ask HAP to explain it to you before you accept the Terms and Conditions or continue using the Website.<\/p>\n
4.1. We will utilise reasonable attempts to maintain the accessibility of the website, except during scheduled maintenance periods, and reserve the right to discontinue the use of the Website or any part thereof with or without notice to you.<\/p>\n
4.2. HAP may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that HAP 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 and to the extent possible.<\/p>\n
5.1. Unwanted Products<\/p>\n
Due to the nature of the goods sold we are unable to accept returns of any consumable products. By accepting these Terms and Conditions you acknowledge that you understand that the goods you are purchasing are of a consumable nature and such items due to the natural nature and purpose, are non-refundable nor will you be able to return same.<\/p>\n
If the Goods you received were delivered to you accidentally and\/or, the incorrect Goods were delivered to you please notify us within 48 hours of receiving your parcel . Once we have inspected the Goods and validated your return, HAP will, deliver the correct product to you as soon as possible to a destination of your choice in line with our Terms and Conditions (if the correct product is available); or credit you with your money back with the purchase price of the product within 15 (fifteen) days of the return if there is no availability.<\/p>\n
5.2. Goods damaged on delivery<\/p>\n
5.2.1. Should a product be damaged at the time of delivery (receiving), please notify us of such delivery by logging a return with us. Once we have inspected the product and validated your return, we will, at your choice, replace the product as soon as possible (only if replacement is possible) or refund you with the purchase price of the product. Credits and refunds are normally handled within 8 (eight) days of logging the return (bear in mind that refunds can take 7-15 (seven to fifteen) working days to reflect in your account). Replacements may take longer, depending on replacement availability. The refund is not guaranteed and is granted at the sole discretion of HAP.<\/p>\n
5.2.2. Furthermore please note that, if HAP is of the opinion that the damage to the product was caused to the due negligence of the courier company, HAP holds the right not to bear any liability due to such negligence and your claim will be against the courier company that caused the damage.<\/p>\n
6.1. Only registered users may order Goods on the Website.<\/p>\n
6.2. You agree that your account will be used solely for your own personal use and you will not disclose any of your information regarding your account nor allow any third party to use your account.<\/p>\n
6.3. You agree that if you place an order using your registered account, irrespective of whether the use of the account is unauthorised or fraudulent, you will be liable for the transaction made under such account and deemed to have entered into a valid sales agreement in accordance with these Terms and Conditions.<\/p>\n
6.4. You agree to notify HAP immediately upon becoming aware of or reasonably suspecting any unauthorised access to your account and to take steps to mitigate any resultant loss or harm.<\/p>\n
7.1. Registered users may place orders for Goods, which HAP may accept or reject. Whether or not we accept 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 HAP for the Goods.<\/p>\n
7.2. HAP 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 HAP come into effect (the \u201cSale\u201d). This is regardless of any communication from HAP stating that your order or payment has been confirmed. HAP will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid by you.<\/p>\n
7.3. 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. Before dispatch of the Goods, you may cancel the Sale only in accordance with the Returns Policy stated above in clause 5.<\/p>\n
7.4. You acknowledge that stock of all Goods on offer is limited. In the case of Goods for sale by HAP, HAP 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 placing an order, HAP will notify you and you will be entitled to a refund of the amount paid by you for such Goods.<\/p>\n
7.5. Please note that HAP holds the right to suspend any transaction if HAP believes that such transaction is against the policies of HAP, and the onus will be held by you to prove otherwise.<\/p>\n
7.6. By accepting these Terms and Conditions you agree and acknowledge that you will adhere to HAP\u2019s policy and\/or Terms and Conditions as set out herein. It is brought to your attention that a MAXIMUM of 15 kilograms per customer (an individual in the normal sense of the word) per order is allowed and HAP holds the right to suspend sales of goods due to HAP\u2019s right to limit supply.<\/p>\n
8.1. HAP nominates FASTWAY Couriers (or such other courier service that HAP may appoint from time to time) as their primary form of delivery of goods to you and all its Terms and Conditions regarding their services apply.<\/p>\n
8.2. HAP draws your attention to Terms and Conditions of the nominated courier. Please see details of the delivery and shipping on HYPERLINK “http:\/\/www.fastway.co.za” www.fastway.co.za<\/p>\n
8.3. HAP will indicate the delivery charge as an extra amount on your invoice and or receipt. This delivery cost is an extra amount for this supply and will not be included in the product and or services HAP offers on this online retail facility.<\/p>\n
8.4. Some items may carry additional delivery fees based on the fact that some goods may be heavy\/large and\/or have to be delivered to remote locations (delivery outside the major cities), such additional delivery fees will be extra and same will be communicated if same is applicable.<\/p>\n
We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of any nature whatsoever on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save for \u2013 in the case of any incorrect purchase price \u2013 to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy as per clause 5.<\/p>\n","protected":false},"excerpt":{"rendered":"
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