ROOTS AND LEAVES PROPRIETARY LIMITED
WEBSITE TERMS AND CONDITIONS
1.1. This website can be accessed at www.rootsandleaves.africa/ (“the Website”) and is owned by Roots and Leaves Proprietary Limited (Registration Number 2019/323172/07) (“Roots and Leaves”).
1.2. These terms and conditions govern the use of the Website and are binding and enforceable against every person who accesses or uses the Website or any part thereof. By using the Website, you acknowledge that you have read, understood and agree to be bound to these terms and conditions.
1.3. Should you not accept these terms and conditions you may not use the Website in any manner whatsoever including, but not limited to, placing orders for any of our products which may be available for purchase on the Website from time to time (“the Products”).
2. CONSUMER PROTECTION ACT NO. 68 OF 2008 (“CPA”)
2.1. If you are a consumer, as defined in CPA, your attention is specifically drawn to clauses underlined in the text which:
2.1.1. may limit the risk or liability of Roots and Leaves;
2.1.2. may create risk or liability for yourself;
2.1.3. may compel you to indemnify Roots and Leaves; and/or
2.1.4. constitutes an acknowledgement of a fact by yourself.
2.2. Your attention is specifically drawn to these terms and conditions because they are important and should be carefully noted.
2.2.1. If there is any provision in these terms and conditions that you do not understand, it is your responsibility to ask Roots and Leaves to explain it to you before you accept the terms and conditions or continue using the Website.
2.2.2. 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 Roots and Leaves in terms of CPA.
3. USE OF THE WEBSITE
3.1. By using the Website, you agree:
3.1.1. and warrant that you are 18 (eighteen) years of age or older, and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If 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 obligations under these terms and conditions;
3.1.2. not to use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website;
3.1.3. not to use any robot, spider, other automatic device or manual process to monitor, copy, distribute or modify the Website or the information contained herein;
3.1.4. not to use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful and/or bring Roots and Leaves, our business and/or any of our employees or representatives into disrepute; and
3.1.5. not to display, publish, copy, print, post or otherwise use the Website and/or the information contained herein in any way without the express prior written consent of Roots and Leaves.
4. DIRECT MARKETING
You may, from time to time, receive information regarding new Products and/or promotions available on the Website. Should you not wish to receive any such notices, please send us an email at [email protected]
5.1. The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
5.2. To the extent permissible pursuant to applicable law, Roots and Leaves disclaims all warranties of any kind, either express or implied, including but not limited to fitness of Roots and Leaves’ Products for a particular purpose. No oral or written information provided by Roots and Leaves shall create a warranty, nor shall you rely on any such information or advice.
5.3. Whilst Roots and Leaves takes reasonable measures to ensure that the content of the Website is accurate and complete, Roots and Leaves makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website.
5.4. Although Products sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness or non-infringement, as may be, allowed in law. It is your sole responsibility to satisfy yourself, before you accept these terms and conditions, that the Products available on this Website will meet your needs.
5.5. Any views or statements made or expressed on the Website are not necessarily the views of Roots and Leaves, its directors, employees and/or agents.
5.6. Roots and Leaves gives no warranty or representation, whether express or implied, that the Website, information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Roots and Leaves, its employees, agents or authorised representatives. Roots and Leaves disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
6. CHANGES TO THESE TERMS AND CONDITIONS
6.1. Roots and Leaves may, in its sole discretion, change these terms and conditions or any part thereof at any time without notice.
6.2. The terms and conditions published on the Website at the time when you access, use or place a specific order, will govern all matters incidental to such access, use or order, notwithstanding any amendments which Roots and Leaves may subsequently make to these terms and conditions.
6.3. If you use the Website after such amended terms and conditions have been displayed on the Website, you will be deemed to have accepted such changes. It is your responsibility to review these terms and conditions on each occasion prior to making use of the Website.
7. OWNERSHIP AND COPYRIGHT
7.1. The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trademarks, designs and/or service marks which are displayed on or incorporated in the Website (“Website Content”), are protected by law, including, but not limited to, copyright and trademark law. The Website Content is the property of Roots and Leaves, its advertisers and/or sponsors and/or is licensed to Roots and Leaves.
7.2. You will not acquire any right, title or interest in or to the Website or the Website Content.
7.3. Where any of the Website Content have been licensed to Roots and Leaves or belongs to any third-party, your rights of use will also be subject to any terms and conditions which that licensor or third-party imposes from time to time and you agree to comply with such third-party terms and conditions.
7.4. You may not in any way display, publish, copy, print, post or otherwise use any information and/or content from the Website and/or the information contained therein without the express prior written consent of an authorised representative of Roots and Leaves.
8. LIMITATION OF LIABILITY AND INDEMNITY
8.1. Neither Roots and Leaves nor any of its representatives, members, employees, officers, agents, consultants, service providers or sub-contractors (hereinafter “the indemnified parties”) will be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the Website or the content contained in the Website; or your inability to use the Website, and/or unlawful activity on the Website and/or any linked third-party website.
8.2. You hereby indemnify Roots and Leaves against any loss, claim or damage which may be suffered by yourself or any third-party arising in any way from your use of the Website.
8.3. Roots and Leaves will not be liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Roots and Leaves, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to [email protected]
9. PRIVACY AND ONLINE SHOP
9.2.1. The Website contains a link to the Online Shop. Your use of the Website is also subject to our Online Shop Terms and Conditions, which is available on the Website.
9.2.2. By using or browsing the Online Shop, you agree that you have read, understood and are bound to the Online Shop Terms and Conditions,
10. USE OF HYPERLINKS
10.1. This Website may contain links (hyperlinks) or references to other websites (“Third-Party Websites”) which are outside of our control, including those of advertisers. These terms and conditions do not apply to those Third-Party Websites and Roots and Leaves is not responsible for the practices and/or privacy policies of those Third-Party Websites or the “cookies” that those sites may use.
10.2. Where we provide a link to a Third-Party Website, we do so with the understanding that such website contains or may contain information that is relevant to Roots and Leaves. By linking to Third Party Websites, we do not create or have an affiliation with or sponsor such websites. The inclusion of links of this nature does not indicate that Roots and Leaves has reviewed such website’s content, products or services. Inclusion of such links within our Website does not constitute any endorsement, guarantee, warranty or recommendation of such Third-Party Website and does not imply that Roots and Leaves associates or supports the content, products or services on such website.
10.3. Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third-Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third-Party Websites or your reliance on any information contained thereon.
11. AVAILABILITY AND TERMINATION
11.1. Roots and Leaves will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
11.2. Roots and Leaves may in its sole discretion terminate, suspend and modify the Website, with or without notice. You agree that Roots and Leaves will not be liable to you in the event that it chooses to suspend, modify or terminate the Website other than for processing any orders made by you prior to such time, to the extent possible.
These terms shall be solely and exclusively governed by and construed and interpreted in accordance with the law of the Republic of South Africa. The parties agree that the agreement shall, for purposes of jurisdiction, have been concluded at our office in
Cape Town, South Africa.
13.1. Roots and Leaves reserves the right to investigate complaints or reported violations of these terms and conditions and to take any action it deems appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators or other third-parties and disclosing any information necessary or appropriate to such persons or entities relating to your IP addresses and traffic information.
13.2. You may not cede, assign or otherwise transfer your rights and obligations in terms of these terms and conditions to any third-party.
13.3. If any of these terms or conditions are held by a court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, then such terms or conditions will be regarded as severable and will not affect the validity of the remaining terms and conditions which will continue to be valid and enforceable to the fullest extent permitted by law.
13.4. No indulgence, extension of time, relaxation or latitude which any party (“the grantor”) may show grant or allow to the other (“the grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
13.5. These terms and conditions contain the whole agreement between you and Roots and Leaves as regards the use of the Website and no other warranty or undertaking is valid, unless contained in these terms and conditions.
13.6. You are solely responsible for any and all costs which may apply to your access to and use of the Website.
14. INFORMATION DISCLOSURE
The following information of Roots and Leaves is disclosed in terms of section 43 of the Electronic Communications and Transactions Act No. 25 of 2002:
- Full name and legal status: Roots and Leaves Proprietary Limited, a private company incorporated under the laws of the Republic of South Africa
- Registration number: 2019/323172/07
- VAT Number: Not registered as a VAT vendor
- Main business: Cultivating of microgreens
- Physical address for receipt of legal service (also postal and street address): 14th Floor, Old Nedbank Building, 50 Loop Street, Cape Town 8000
- Office bearers: Dewald Koen & Marike Koen
- Telephone number: 073 999 7604
- Email address: [email protected]
- Website address: www.rootsandleaves.africa
ROOTS AND LEAVES PROPRIETARY LIMITED
ONLINE SHOP TERMS AND CONDITIONS
1. The “Add to cart” option on the Website enables you to order and buy products produced by Roots and Leaves including microgreens and any other products added by Roots and Leaves from time to time [“the Product(s)”] from our Online Shop.
2. The ordering, sale and delivery of Products are governed by these terms and conditions.
3. The list of Products may be updated/amended by Roots and Leaves at any time within its sole discretion.
4. The words and expressions defined in the website terms and conditions shall have a similar meaning in these terms and conditions.
5. ORDERS AND AGREEMENTS OF SALE
5.1. You may place orders for Products by using the “Add to Cart” link on the Website.
5.2. Such order shall constitute your offer to purchase the Products selected subject to these terms and conditions.
5.3. Such an order shall be complete on confirmation of receipt of payment by Roots and Leaves when:
5.3.1. a credit card authorisation is received from the issuing bank; or
5.3.2. the exact amount has been received in our bank account by instant electronic funds transfer (“EFT”) (via PayFast) upon placing the order.
5.4. On completion of your order, we will indicate our acceptance of such order by confirmation email, at which point an agreement of sale is concluded between Roots and Leaves and yourself.
5.5. Roots and Leaves reserves the right to:
5.5.1. refuse or accept any order without giving any reasons; and/or
5.5.2. cancel orders in whole or in part as circumstances dictate.
5.6. In either event, Roots and Leaves shall not be liable for any losses or damages suffered by you as a result of such refusal or cancellation and shall only be liable to refund monies already paid by you.
5.7. Roots and Leaves shall take all reasonable efforts to maintain correct prices on the Website. However, should errors occur and items are offered at incorrect prices, Roots and Leaves shall not be obliged to sell Products at such incorrect prices and Roots and Leaves’ liability shall be limited to a refund of monies already paid by you.
6.1. All prices quoted on the Website are in South African Rand (ZAR). Prices quoted are per weight, as indicated.
6.2. All prices posted on the Website are exclusive of delivery costs and delivery costs will be stated separately in our confirmation of your order which may vary daily and for each order.
6.3. Payment is accepted per debit card, credit card (Visa or Master Card) or by instant EFT (via PayFast) into our nominated bank account.
6.4. Where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of the payment. Roots and Leaves may reject any order in respect of which the required information is not provided.
7. CREDIT CARD SECURITY AND PRIVACY
7.2. Credit card transactions will be implemented for Roots and Leaves by PayFast Proprietary Limited (“PayFast”). PayFast uses the strictest encryption. Visit www.payfast.co.za to view PayFast’s security certificate and security policy.
7.3. No credit card details are stored on the Website and will be kept separate from other customer information.
8.1. Orders may be cancelled within 24 (twenty-four) hours of placing the order by emailing us at [email protected]
8.2. An order is cancelled once you have notified Roots and Leaves in writing in accordance with clause 8.1 above and you have received our confirmation of receipt of your cancellation notice.
8.3. If you have already paid for your order and you have not yet received an email notifying you that your order has already been dispatched, you will be refunded in full.
8.4. If you have already paid for your order and you have also received an email notifying you that your order has already been dispatched, we reserve the right to charge the full purchase price or any part thereof for administration expenses and/or any other loss or damage which Roots and Leaves may suffer as a result of your cancellation.
8.5. Roots and Leaves also reserves the right to debit your payment card for the delivery fees in respect of any late cancellations, in addition to the above.
9.1. Delivery of Products as per confirmed orders will be made to the nominated address set out on your order.
9.2. Delivery usually takes place within 2 (two) business days from confirmation of payment or such other period as stipulated in our confirmation email.
9.3. All deliveries made will be by courier directly to your nominated address unless otherwise stated in our confirmation of order.
9.4. On delivery to your nominated address you shall be entitled to examine the Products for the purpose of ascertaining whether you are satisfied that the Products are of the type and quality reasonably contemplated on placing your order and that the Products complies with the description provided for the Products on the Website.
9.5. If the delivery contains a larger quantity of Products than was ordered, or consist of some Products ordered together with Products not ordered, you may reject delivery of all Products, accept the delivery of all Products and pay the purchase price for the additional or incorrect Products, or accept delivery of the correct Products and reject the incorrect Products.
9.6. All Products delivered must, if accepted by you, be signed for by you on delivery. If no one is available at the nominated address when delivery is attempted, the Products will be retained by the courier, in which case notification of the attempted delivery will be given. Should the Products ordered be returned to our premises, any loss or damage which Roots and Leaves may suffer due to you not being available at the nominated address, as well as any further delivery attempts, will be for your account.
9.7. Unless specifically quoted otherwise, a delivery fee will be charged for each order placed by you.
9.8. Roots and Leaves will not be liable for any loss occasioned by any delay in the delivery of any order, nor for any loss, damage or misplacement of any Products ordered after delivery has been made to your nominated delivery address.
9.9. Risk in and to the Products will transfer to you upon completion of delivery at your nominated delivery address.
10.1. Roots and Leaves strives to provide the best possible products and service to its clients while being committed to operate our business in accordance with the provisions of the CPA.
10.2. As the Products constitute perishable items, it can unfortunately not be returned due to the fact that you changed your mind in respect of a particular purchased item. This is due to public and food safety regulations.
10.3. This notwithstanding, your satisfaction is our main priority. Therefore, if the Products are:
10.3.1. in Roots and Leaves’ sole discretion, defective or do not comply with the description thereof in any respect when delivered to you; or
10.3.2. not the Products or varieties which you ordered and you notify us within 24 (twenty-four) hours of receipt thereof, while the Products remain in their original packaging and have not been used in any way,
we will issue a replacement or refund you the price of the Products as well as the cost of delivery to return the Products.
10.4. Unfortunately, any instance where the Products do not meet personal preference will not be regarded as “defective” Products and Roots and Leaves cannot replace the Products or refund you the price of the Products and cost of delivery to return the Products in such instance.
10.5. All Products delivered and accepted by you must be stored in accordance with the instructions issued by Roots and Leaves and/or be used prior to the indicated expiry date.
11.1. All the Products displayed on the Website are subject to availability.
11.2. In the event of a particular Product included in your order not being available, Roots and Leaves will contact you to suggest an alternative Product or variety.
11.3. You are then entitled to accept the alternative(s), or such items as can be correctly delivered, or to cancel your order.
11.4. Special promotions may be subject to certain conditions including availability and limited offer stipulations.
11.5. Roots and Leaves reserves the right to discontinue or change the specifications of our Products from time to time without notice, or to adjust our prices in which event you will be informed thereof at the time of confirmation of your order.
12. VOUCHERS AND COUPONS
Roots and Leaves may, from time to time, make promotional coupons or discounts available for use on the Website towards the purchase of Products. The use of such vouchers and coupons shall be subject to specific terms upon which the vouchers or coupons may be offered.