TERMS & CONDITIONS OF USE

 

  1. USE AND APPLICATION OF TERMS
  •  “Gia’s Kitchen” means Gia’s Kitchen (Pty) Ltd (Registration No 2018/337712/07), the proprietor and operator of the Website info@giaskitchen.co.za and contracting party in relation to any and all transactions and dealings, including browsing activities, conducted all of which are subject always to these Terms.
  • “Goods” means any and all products displayed for sale featured on the Website.
  • “Customer” means any person viewing the Website and transacting or dealing in any way with Gia’s Kitchen.
  • Gia’s Kitchen reserves the right to at any time and without notice modify these Terms which terms are always available to be viewed and to which Terms the Customer shall at all times be bound to.
  • “Website” means the website belonging to and operated by Gia’s Kitchen the address of which is currently info@giaskitchen.co.za.
  • “CPA” means the Consumer Protection Act and any succeeding and applicable legislation.
  1. GOODS
  •  The Customer may purchase Goods on the Website but must first furnish certain information required in order to establish a profile and as a Customer in relation to which a registration process applies before utilisation of the Website.
  • The Customer may cancel any order placed with Gia’s Kitchen provided such cancellation is effected at least 12 hours before delivery. Any lesser notice in cancellation will not suffice and the transaction will stand to be carried out (if possible) and charged for.
  • All Goods orders are subject to available stock levels and any orders that cannot be fulfilled by reason of any stock outages will be advised of and a credit note will be passed if applicable.
  1. PRICE AND PAYMENT
  •  Customer payments for Gia’s Kitchen’s Goods may be effected in the following ways –
  •  Credit Card: the Customer’s personal information is required to be submitted to us in order to process credit card purchases and for such purchases to be authorised in the usual course of business. Gia’s Kitchen reserves its rights to withhold any delivery against any further required information or payment clearance. Should no authorisation be obtained, the Customer’s order shall be cancelled and an outstanding account may still be payable by the Customer.
  • Direct Bank Deposit Or Electronic Funds Transfer
  1. GOODS DELIVERIES
  • All deliveries of any Goods orders are always strictly dependent upon payment in full before being proceeded with.
  • It is the Customer’s obligation to ensure that the designated address for delivery of the Goods is fit for purpose in that the Goods are suitably received (“the Delivery Address”). Gia’s Kitchen takes absolutely no responsibility for any perished or spoiled Goods as a result of an unsuitable Delivery Address and may in such instances, at its sole and unfettered discretion, return any affected orders to its premises at which premises the Goods may then be collected by the Customer by arrangement within 24 hours of such Goods return.
  • A re-delivery charge may be levied on the Customer should the Customer request it.
  • Delivery of Goods will be deemed fulfilled upon when delivered at the Delivery Address, alternatively, when collected at Gia’s Kitchen’s premises.
  • The Customer’s order will be cancelled and a credit note passed to the Customer in the event that the Goods are not requested to be re-delivered and not collected from Gia’s Kitchen’s premises by the Customer, provided the Goods are not spoiled or rendered unsuitable for resale by reason of the failure of the Customer’s provided Delivery Address.
  • Should Gia’s Kitchen be unable to deliver the Goods to the Customer by the specified date selected by the Customer, the Customer will be notified of such difficulty and will be able to stipulate an alternative date for delivery, alternatively, the Customer may elect to cancel such order within 24 hours of being notified.
  • In placing any orders of any advertised Goods with Gia’s Kitchen, the Customer understands, agrees and acknowledges that Gia’s Kitchen cannot be held liable for any loss, expense or damages emanating or linked with any inaccurate Goods descriptions, Goods unavailability, or incorrectly stipulated purchase prices.
  1. RETURNS OF GOODS
  • Gia’s Kitchen will accept returns on Goods other than perishable Goods which Goods may be returned within seven (7) days (owing to the nature of the Goods) of receipt of the Goods in which instance, and provided that such Goods are found to be in good order, unopened and unaffected (therefore in a resale condition), the Customer will be refunded the purchase price of such returned Goods.
  1. CUSTOMER WARRANTIES
  • The Customer warrants that all of the information provided to Gia’s Kitchen is true, accurate, current and complete and not misrepresentative in any way.
  • The Customer grants Gia’s Kitchen the right of use of the Customer’s information subject to Gia’s Kitchen’s Privacy Policy
  1. WEBSITE USAGE AND EXTERNAL LINKS
  • The Customer may not utilise the Website for any other purpose than the purpose of Customer browsing and purchasing in the normal course of an online transaction and related activities.
  • Gia’s Kitchen reserves its right to remove any information that the Customer has submitted via the Website and/or to suspend the Customer’s use of the Website at any time, with, or without notice.
  • Any external links appearing on the Website are there for the Customer’s convenience and Gia’s Kitchen gives no warranty as to the safe usage or form of such which are not operated by Gia’s Kitchen and subject to their own terms and conditions. The Customer utilises such external links at entirely their own risk.
  1. THE CUSTOMER’S PERSONAL INFORMATION
  • Gia’s Kitchen is obliged to protect and use Your personal information in accordance with prevailing legislation which protection and usage is explained in Gia Kitchen’s Privacy Policy.
  1. INTELLECTUAL PROPERTY
  • The Customer acknowledges Gia’s Kitchen’s exclusive right, title and interest in and to any of its Intellectual Property which consists of all materials, text, content, videos’, photographs, drawings and data emanating from the Website or other Gia Kitchen sources and the Customer shall not use the Intellectual Property for any purpose other than to transact and interface with the Website and Gia’s Kitchen in the stead and form of a bona fide Customer.
  • The Customer may not use the Intellectual Property for any purpose without the express and written permission having been obtained from Gia’s Kitchen
  1. WARRANTIES
  • Subject to the CPA, Gia’s Kitchen affords no warranties and gives no representations or guarantees as to the availability and accessibility of the Website which Website is offered as a browsing and transacting platform for the convenience of the Customer.
  • Subject to the CPA, Gia’s Kitchen supplies all of its Goods as they are (as is) and disclaims all and any implied warranties of use or applicability in relation to any particular purpose and does not warrant any particular level of performance or quality or any other metric.
  • The Customer warrants that he or she or it is entitled to access the Website and to conclude legally binding contracts and is subject to these Terms in so transacting.
  1. LIMITED LIABILITY
  • Gia’s Kitchen shall not be liable for any loss, liability, damage or expense (other than arising from Our fraudulent actions or gross negligence) of any nature which may be caused by or attributable, directly or indirectly, to:
    • the Goods
    • the Website;
    • the Customer’s Use of or reliance on any information offered on or via the Website;
    • the Customers acts or omissions;
    • a breach by the Customer of the Terms;
    • Gia’s Kitchen’s actions taken purportedly from the Customer;
    • any error or omission in respect of any information submitted to Gia’s Kitchen.
  • In the event that Gia’s Kitchen is found to be liable, the Customer agrees that such liability is limited to the sum of R100 or in the case of liability arising due to the Goods, the purchase price of the Goods in question.
  • Gia’s Kitchen will not be liable for any indirect or consequential loss or damage of whatever nature and however it may arise.
  1. GENERAL
  • These Terms are the sole record of the agreement between the Customer and Gia’s Kitchen and neither party are bound by any express, tacit or implied representation or warranty not recorded in these Terms. These terms replace all prior written and verbal communications, between Gia’s Kitchen and the Customer relating to the Goods.
  • No indulgence or extension of time afforded by any party will serve to waive or limit any of such party’s rights, unless otherwise expressly agreed to in writing.
  • Either party may change his/her/its stipulated physical address to any other physical address in South Africa, or its telephone number and email address and must give the other party written notice of the change.
  1.  LEGAL NOTICES
  • The Customer stipulates his/her/its furnished email address and Delivery Address as his/her/its primary and chosen domicilium address for the receipt of all legal notices or process.
  • Any legal notice or process must be transmitted to Gia’s Kitchen per its email address, info@giaskitchen.co.za.
  • Either party may change his/her/its stipulated physical address to any other physical address in South Africa, or its telephone number and email address and must give the other party written notice of the change.
  1. SOUTH AFRICAN LAW APPLIES
  • All matters arising from or in connection with the Terms including its interpretation, validity, existence or termination for any reason shall be determined in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law.
  1. QUERIES AND COMPLAINTS
  1. PUBLICATION DATE AND TERM VERSIONS

A certificate signed by Gia’s Kitchen’s Website Administrator will, unless the contrary is proven, be sufficient evidence of –

  • the date of publication and the content of the Terms,
  • the date of publication and the content of earlier versions of the Terms;
  • the date and content of any communication and notifications sent in terms of the Terms.