Terms and Conditions of sale

TERMS AND CONDITIONS

USE OF WEBSITE

Introduction
Access the website at https://heavenlyscoops.co.za/, related social media sites (the “Website”) and is owned and operated by Heavenly Scoops Handmade Ice Cream (Pty) Ltd (the “Company”).

Use of the Website and its contents are subject to the following terms and conditions (“Terms and Conditions”). These Terms and Conditions are binding and enforceable against every person that accesses or uses the Website (“you” or the “User”), whether the User is a registered or non-registered member of the Site (“you” or “Registered User”).

By using the Website and by clicking on the “Register Now” button on the Website, if applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.

Should any of these Terms and Conditions be unacceptable to the User and/or Registered User, please stop using the Website.

The Website offers a quick, convenient and affordable way to acquire a range of the Company’s products, including ice-cream and handmade butter biscuits, as the Company trades nationally (“the Goods”).

Registering and using the Website
You may order Goods on the Website, only if you are a Registered User
To register as a user, you enter your email address and a link to set a new password will be sent to your email address by the Company. You will input your personal information (please see POPIA Disclaimer). You will use your email address and your password to access the Website to purchase Goods.

You agree and warrant that your username and password shall:

be used for personal use only if registered as an individual and/or for business use only if registered as a business; and
not be disclosed to any third party.
For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will not be allowed access to your website account
You agree 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 of Goods, unless the order is cancelled by you in accordance with these Terms and Conditions.
You agree to notify the Company immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password, in order to take steps to mitigate any resultant loss or harm.
By using the Website, you warrant that you have full legal capacity and if using the Website on behalf of a company, are duly authorised to do so.
You agree 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. 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 the Company.
You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of the Company.

You hereby give your consent to the Company to carry out any credit check and/or company search (including its associated Directors, Shareholders and/or Members) with any registered credit bureau in order to monitor and determine the credit worthiness of the User and/or Registered User.

Rules of Conduct for Users/Registered Users of the Website

If you register on the Website, you agree to provide accurate and complete information when creating or updating your account.
You hereby select the physical address (individual) or registered address or principal place of business (company) specified as part of the information provided for purposes of registering to use the Website
You are solely responsible for any activity that occurs on your account, and it is your responsibility to keep your account password secure.
You agree to notify us immediately of any unauthorized use of your account or other breach of security.
You may not use another User’s account without permission and/or authorisation.
We reserve the right to terminate your account if you violate any provision of these Terms and Conditions or fail to comply with our requests concerning your account.
We reserve the right at any time in our sole discretion to change or discontinue any aspect or element of the Website, or to cease making the Website available.
These Terms and Conditions on the Website does not grant you any right or licence to use any trademarks, water marks, or logos displayed on the Website. You agree not to use or register any name, logo, or insignia of the Company for any purpose except with the Company’s prior written consent.

Website Copyright and Contents
All rights including copyright and database rights on the Website and its content including but not limited to text, images, features, designs, selection and arrangement thereof, functionality, graphics, video material, audio material, and any other content available on the Website (collectively, the “Content”) are owned by the Company.

Privacy Policy
You can access our Privacy Policy here: Privacy Policy (including POPIA)
The terms and conditions of our Privacy Policy are to be read as specifically incorporated herein.

Terms and Condition changes
In its sole discretion, The Company may, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, do not make use of the Website.
Any such change will be applicable to you using the Website, after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, it will be deemed that you accepted such changes.

Making use of this site

You may access the Content for your own personal and/or authorised business use only. You may not reproduce, retransmit, publish, distribute, display or otherwise make available any of the Content to others neither for remuneration nor for free.
You may not modify, copy, reproduce, distribute, transmit, display, perform, reproduce, publish, licence, create derivative works from, transfer, sell or make available any the Content (whether in hard copy or electronic format) obtained from the Website.
The User may disclose the Confidential Information received from using the Website only to its respective representatives, officers, employees, associated entities, subsidiaries or holding company whom such disclosure is reasonably necessary, and who have a similar confidentiality agreement in place with the Company.
The User shall always keep in confidence any confidential information of the Company that it may acquire for the purposes of or in connection with using the Website and/or transactions concluded through using the Website and shall not use or permit the use of such information for any other purpose and shall not disclose such information to any third party.
The User shall take all such steps as may be reasonably necessary to prevent the Confidential Information from falling into the hands of unauthorised third parties.
Any Confidential Information disclosed shall be solely used for the performance of contractual obligations that may arise using the Website and for no other purpose.
The provision of this clause is in effect indefinitely.

Limitations of Liability
Your use of the Website is at your own sole risk. Under no circumstances shall the Company (including its Directors, employees, agents or representatives) be liable for any loss, costs, expenses, damages or other claims of any nature, arising directly or indirectly out of or in connection with these Terms and Conditions and/or your use of the Website, including any act, omission or misrepresentation as well as in relation to the non-compliance with or contravention by any person of any applicable laws.

Indemnity
You agree to indemnify and do not hold the Company (including its Directors, employees, agents or representatives) liable for all claims, actions, suits, damages, liabilities, and costs (including, without limitation, reasonable legal fees) arising from or relating to your use of the Website or any of the Content.

Jurisdiction and Governing Law
These Terms and Conditions shall be governed, understood, and interpreted in accordance with the laws of the Republic of South Africa.

Notices
Service of all formal written notices and legal processes in connection with these Terms and Conditions must be addressed to Heavenly Scoops Handmade Ice Cream (Pty) Ltd and for the attention of Pam Pillay to 107 Lenchen Place, 269 Glover Avenue, Die Hoewes, Centurion, 0157
All formal written and legal processes must be delivered by hand / courier and will be deemed to have been received on the date of hand delivery and signed for

Company Information
For purposes of the Electronic Communications and Transactions Act, 25 of 2002, the Company’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:

Full registered name: Heavenly Scoops Handmade Ice Cream (Pty) Ltd
Legal status: In business
Main business: Food retailer
Physical address for receipt of legal service: 107 Lenchen Place, 269 Glover Avenue, Die Hoewes, Centurion, 0157 (For Attention: Pam Pillay)
Office bearers: Pam Claire Pillay
Phone number: +27 60 636 9684
Email address: info@heavenlyscoops.co.za

General
If any provision of these Terms and Conditions is found to be invalid or unenforceable, that provision, to the extent unenforceable, shall be struck, and shall not affect the validity or enforceability of the remaining provisions of these Terms and Conditions.

Your rights under these Terms and Conditions are personal, non-exclusive and non-transferable.

Headings are for reference purposes only and in no way define or limit the scope or extent of any provision of these Terms and Conditions.

The Company’s failure to act with respect to a breach by you or others does not waive the Company’s right to act with respect to subsequent or similar breaches.

These Terms and Conditions constitute the entire understanding and agreement between you and the Company with respect to the use of the Website and the content thereto.

SALE OF PRODUCTS

All quoted prices are in South African Rand (ZAR). All prices quoted are subject to fluctuations in the Exchange Rate and price changes imposed by suppliers on Heavenly Scoops Handmade Ice Cream (Pty) Ltd. This may result in changes to the prices (website/quoted).

Please be advised that the ice cream is made in a facility that also processes and may contain these ingredients: cows milk, goats milk, eggs, wheat, soybean, various types of nuts, tree nuts, sesame seeds, various cereals, fish and shell fish. Heavenly Scoops Handmade Ice Cream (Pty) Ltd cannot guarantee that products do not contain any cows milk, goats milk, eggs, wheat, soybean, various types of nuts, tree nuts, sesame seeds, various cereals, fish and shell fish and/or traces thereof.

EXCHANGE POLICY TERMS AND CONDITIONS

The following exchange policy applies to Heavenly Scoops Handmade Ice Cream (Pty) Ltd products only and Products may only be exchanged in the following circumstances:

Should the products be damaged during transport and while the products are still within the possession of Heavenly Scoops Handmade Ice Cream (Pty) Ltd (prior to delivery to the customer);
If the customer wishes to make any amendment(s) to an order already placed. This provision only applies to products ordered through the Website. In this regard, the customer must notify Head Office at least 4 (four) working days prior to the delivery/collection date. This exchange will however, be subject to product availability; and
If the pre-ordered flavour is incorrect. In this regard, the products shall only be exchanged if it was ordered via the Website.

Heavenly Scoops Handmade Ice Cream (Pty) Ltd products will not be exchanged if:

The products melted after being delivered to, or collected by, the customer;
The products have been tampered with and/or consumed in any manner by the customer;
The customer failed to correctly store the products after delivery or collection;
Should the customer fail to collect the products timeously as agreed; and
There is a slight variation in size and colour as such slight variations can be due to natural product variations.

Refunds are subject to Heavenly Scoops Handmade Ice Cream (Pty) Ltd’s sole discretion and will be dealt with on a case by case basis. However, refunds will not be available in the following circumstances:

Where the products have been partially consumed;

Where there is a slight variation in size and colour as such slight variations can be due to natural product variations;
Should the products melt after delivery or collection;
Where the products are damaged after delivery or collection; and
The customer acknowledges and accepts that it is their sole responsibility to check the products upon delivery or collection to ensure that the products are not damaged in any way. If there is damage to the products, the customer shall immediately notify Head Office, as the case may be.
All risk in and to the products shall pass to the customer upon delivery or collection thereof. Under no circumstances shall Heavenly Scoops Handmade Ice Cream (Pty) Ltd (including its Directors, employees, agents or representatives) be liable for any loss, costs, expenses, damages or other claims of any nature (including consequential loss), arising directly or indirectly out of or in connection with the products and/or consumption thereof once the products have been delivered or collected.
Heavenly Scoops Handmade Ice Cream (Pty) Ltd will, at its sole discretion, will commence with collating the order on the quoted products based on the above acceptance and given the inherent production time constraints. Any cancellation and/or amendment of the accepted offer thereafter will be accepted at Heavenly Scoops Handmade Ice Cream (Pty) Ltd’s sole discretion and may result in damages and/or costs chargeable to and payable by the customer. Where the customer elects to cancel its order, Heavenly Scoops Handmade Ice Cream (Pty) Ltd shall be entitled, at its sole discretion, to charge the customer a 2.5% (two per cent) cancellation charge which will be immediately payable by the customer.
Heavenly Scoops Handmade Ice Cream (Pty) Ltd may, in its sole discretion, amend any of these terms and conditions at any time and without notice to the customer. Any changes to these terms and conditions shall remain binding on the customer.
We encourage all customers to take due care to inspect the completeness, quality, and accuracy of the goods that are delivered.
Please note that given the perishable nature of our ice cream products, we are unable to accept returns or exchanges once a delivery is completed. A delivery is considered to have been completed if & when:
the recipient, or a third-party acting knowingly or unknowingly on behalf of the recipient, acknowledges receipt of goods by taking delivery of the ice cream at the given address the recipient gives any other instruction (such as leaving the goods unattended at the front door/gate) as a form of acknowledging receipt of the goods.
In all cases, we act with your best interests in mind & will take all measures to ensure 100% customer satisfaction.