Terms & Conditions – EcoPack, South Africa
TERMS & CONDITIONS
Earthly Directions EcoPack (Pty) Ltd is a business in the food packaging industry that supply biodegradable and compostable food packaging.
In these Terms and Conditions, a reference to or use of the words:
- “Delivery address” means the address nominated by you to which you would like us to deliver the goods.
- “Delivery date” means the date upon which we are to deliver the goods, as described in clause 10 of these terms and conditions.
- “EFT” means electronic funds transfer.
- “Goods” means the products advertised for sale by us on the website and/or the pricelist.
- “Payment card” means credit card or debit card, as the case may be.
- “Pricelist” means the products and services offered by us and their commensurate pricing as may be published by us from time to time.
- “Services” means the delivery by us of the goods to your nominated delivery address.
- “Terms and conditions” refer to these terms and conditions.
- “We”, “us” and “our” is a reference to Earthly Directions EcoPack (Pty) Ltd Reg No. 2009/ 014319/ 07.
- “Website” means ecopack.co.za
- “You” is to the customer making use of our delivery services.
- “The Company” refers to Earthly Directions EcoPack (Pty) Ltd.
2. Registration and formation of contract for the supply of goods
To be able to order online with us you must first register on the website. Registering on the website and/or ordering from us online, by telephone or other communications media constitutes your acceptance and agreement to be bound by these terms and conditions. The website and any pricelist is an invitation to purchase. Ordering from us online, by telephone or other communications media, constitutes you making an offer to us. We may reject your order for any reason, including if the requested goods are not available or we are not able to deliver the quantity requested by you, there is an error in the pricing or the product description, an error in your order, your order is placed too late for us to order in time from our suppliers or if we are unable to deliver on the requested date for any reason. In the event of our cancelling your order, we will notify you of the cancellation by emailing you. Our provision of an order confirmation to you by email or other communications media constitutes our acceptance of your offer at which time a contract is formed between us which is governed by these terms and conditions (the “contract”).
3. Keeping information secure
To use our website or to place an order, you will at times be required to provide certain personal information including your name, delivery address and payment card details, as well as contact details and an email address. Once registered on our website, in order to login you will use your email address and a password provided by yourself. Please be sure to keep your personal information secure (and select a password that is secure) as we accept no liability whatsoever for any damages suffered or losses incurred from the unauthorised use by other persons of your personal information.
You must be 18 years of age or older to order from us.
Whilst every effort is made to ensure products displayed on our pricelist and/or website are available, products displayed on our pricelist and/or website are subject to availability. In the event the product you ordered is unavailable we may deliver a substitute product, subject however to your right to decline to accept the substituted product if we have not obtained your consent prior to its delivery to you. Furthermore, we may change or omit products from the pricelist and/or website from time to time. We will update the website to keep you informed of changes or omissions to the products offered. In the event we cannot deliver a product that you have ordered and paid for (and you do not wish to receive a substituted product) we will provide you with a credit note for the amount you paid for the good(s) that were not delivered by us.
6. Conformance with description
We will do our best to ensure the goods ordered by you will conform with the description on the pricelist and/or webpage. We can however not be held liable but will endeavour to replace or refund the item if not correct as per the description.
Product pricing is published by us on pricelists and the website and all references to currency on the pricelist and website are a reference to South African Rand. The pricing of goods will change from time to time and although the website is able to be kept up to date, pricelists that have been distributed by us may become superseded before you are provided with an updated pricelist. Accordingly, in the event of any inconsistency between the product pricing on a pricelist and the website, the product pricing on the website shall prevail. A delivery fee is charged which is determined by us according to your delivery address.
In the event of us identifying a material error in the description or pricing of any of our goods or services or the pricing on our website or in any pricelist, we may at our sole and absolute discretion not accept any order placed in reliance on the error.
9. Ordering and Payment
By submitting your order, you warrant that you are over 18 years old, and in the event you nominate to pay by payment card or by EFT you further warrant that you are authorised to make payment with the payment card or by EFT (as the case may be) and there are sufficient funds available to pay for the order. Your offer to purchase goods is deemed to be accepted by us when you receive an order confirmation from us.
Subject to availability and receipt of payment, requests will be processed and delivered within 1 – 5 days Mondays to Fridays and delivery confirmed by way of an email containing all relevant info including your waybill number and courier service used. For collections, our warehouse is open Monday to Thursday from 08h30 – 16h30 and Fridays from 08h30 – 16h00. Generally speaking, each day of the week is reserved for delivery to a specific geographical area. If when ordering you mistakenly select a delivery date that is inconsistent with the delivery day for the geographical area within which your delivery address is located, we may deliver to your delivery address on the corresponding delivery day for your geographical area as displayed on the website. On delivery to your delivery address the person receiving the goods at the delivery address will be provided with an itemised invoice showing the goods delivered. Unless you notify us otherwise, we are entitled to presume that any person located at the delivery address is authorised by you to receive delivery from us. If requested by us, the person receiving delivery may be required to provide identification and sign a duplicate copy of the itemised invoice to confirm receipt of the goods. In the event that nobody is at the delivery address to receive delivery of the goods, the driver will keep the goods and may leave a note and/or try to telephone you. In such event we may elect to:
- effect delivery later that same day; or,
- the goods will be delivered on the next corresponding delivery day for the geographical area within which the delivery address is located,
in which event we reserve the right to charge an additional delivery fee. In the event that we attempt to effect delivery on three separate occasions (whether on the same day or different days) but nobody is at the delivery address to receive delivery of the goods we may leave the goods unattended at the delivery address to effect delivery. Upon delivery the price for the goods together with the delivery fee becomes a debt due and payable by you. In the event we fail to deliver on the delivery date our liability is limited to re-delivery at a later agreed time at no additional charge to you. To the extent permitted by law we are not liable for any loss or damage arising out of or in any way in connection with a failure by us to deliver the goods or services on time. If you ask us to deliver inside a premises, then you are responsible for all loss or damage suffered by us in connection with our delivery of the goods beyond the entrance of the delivery address.
11. Returns and refunds
The provision of goods and services by Earthly Directions EcoPack (Pty) Ltd is subject to availability. In cases of unavailability after an order has been placed, Earthly Directions EcoPack (Pty) Ltd will refund the client in full within 30 days.
In the event an item is are delivered to you has:
- passed its Use by date; or
- has spoiled or is otherwise not fit to be consumed/used or resold,
you may return it to us at your cost and we will provide you with a replacement item at no additional cost to you. Ensuring the quality of our goods and services is important to us so we require the goods be returned to us so that we might in turn take the matter up with our suppliers to ensure we can continue to provide quality products to you and our other customers.
We cannot accept cancellations later than midday on the day prior to the delivery date.
13. Risk and Ownership
Risk in the goods passes from us to you upon delivery of the goods to the delivery address. Ownership of the goods passes from us to you upon our receipt of payment for the goods and services in full.
- These terms and conditions are governed by the laws of the Republic of South Africa and you submit to the non-exclusive jurisdiction of the courts of South Africa.
- To the extent any of the provisions of these terms and conditions are illegal, void or otherwise unenforceable:
- it must be read down to such extent as may be necessary to ensure that it is not illegal, void or unenforceable and as may be reasonable in all the circumstances so as to give it a valid operation; and
- if the provision or part thereof cannot be so read down, it must be severed without affecting the validity and enforceability of the remaining provisions of these terms and conditions.
- No relaxation, forbearance, delay or indulgence by us in enforcing any of the terms and conditions or the granting of time by us to you prejudices, affects or restricts our rights under the contract, nor does any waiver by us of any breach of the contract operate as a waiver of any subsequent or continuing breach of the contract.
- These terms and conditions constitute the entire contract between us and you and sets out a full statement of the rights and liabilities between the parties.
- The words “including” and “includes” shall be read as if followed by the words “without limitation”.
- To the extent permitted by law, save and except for the re-supply of the goods and services by us at a later date, we are not liable to you under this contract, at law, law of delict (including negligence), statute, in equity, restitution or otherwise for any loss or damage including, loss of use, loss of profit, loss of revenue, loss of production or business interruption that is connected with any claim arising under or in any way in connection with this contract.
No pages/images may be copied to the internet or other catalogues without our permission.
17. External links
External links may be provided for your convenience, but they are beyond the control of The Company and no representation is made as to their content. Use or reliance on any external links provided is at your own risk. When visiting external links, you must refer to that external terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of The Company.
18 Unlawful use
You shall not use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify The Company against any loss, liability, damage or expense of whatever nature which The Company or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any message or material as aforesaid.
19. Limitation of Liability
The company nor its directors shall be liable for any failure and/or unavailability of the website for any reason whatever and/or the failure/delay by any third-party service provider to render any services which are necessary to ensure the availability of the website.
You waive any rights you may have or obtain against The Company arising directly or indirectly from any loss or damage of whatsoever nature which you may suffer as a result of the fact that The Company acts on your instructions/orders or instructions/orders purported to emanate from you.
You hereby indemnify The Company and its directors against any loss, liability, damage (whether direct or consequential) or expense of any nature whatsoever which may be suffered by you or any third party as a result of or which may be attributable directly or indirectly to your access and use of the website and/or any information contained on or via the website and/or your use of the products.
20. Use of the Website
By accessing the website, you warrant and represent to The Company that you are legally entitled to make use of information and purchase the products made available via the website.
Your feedback is very important to us. Please let us know how we are doing and what we can do to serve you better. You can contact us on:
021 706 3703
22. Your Consent
23. Payment options accepted
Payment may be made via Visa and MasterCard.
24. Card acquiring and security
Card transactions will be acquired for Earthly Directions Ecopack (pty) Ltd via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
25.Customer details separate from card details
Customer details will be stored by Earthly Directions Ecopack (Pty) Ltd separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.
26. Merchant Outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
Earthly Directions Ecopack (Pty) Ltd takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
28. Country of domicile
This website is governed by the laws of South Africa and Earthly Directions Ecopack (Pty) Ltd chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.
Earthly Directions (Pty) Ltd may, in its sole discretion, change this agreement or any part thereof at any time without notice.
30. Company information
This website is run by Earthly Directions EcoPack (Pty) Ltd based in South Africa trading as EcoPack and with registration number 2009/014319/07 and Lauren Clack, Robert G speedy, Graham H Clack and Gillian H Clack as directors.
31. Earthly Directions EcoPack (Pty) Ltd contact details
Telephone: 021 706 3703
32. Earthly Directions EcoPack (Pty) Ltd Physical Address:
Unit D2, Prime park
Mocke Road, Diep River