Terms and Conditions for Upside Snacks
These standard Terms and Conditions (“Terms”) shall govern your (the “Purchaser”) use of this website and the sale by The Fruit Cube (Pty) Ltd (“The Fruit Cube”) of all goods and/or services as well as all subsequent transactions between The Fruit Cube and the Purchaser relating to Upside Snacks.
2. Subject of Agreement
The subject of this agreement is the order of Upside Snacks by the Purchaser from The Fruit Cube, the supply of those products ordered by the Purchaser from The Fruit Cube and the subsequent delivery of those products to the Purchaser.
3. Changes to orders and cancellation of orders
a. All orders are considered to be once-off orders unless otherwise requested in the online form.
b. Changes to orders (number of snack boxes required and/or pauses in deliveries) are to be made by written notice, within 30 minutes of receiving a confirmation of your order – please check the details carefully as they will be used to process the invoice and process the order.
c. You can cancel your order up to 24hrs after placing your order. If we are not notified within this timeframe your order cannot be cancelled. Your order will be delivered and charged for as it will already have been packed, processed and collected for delivery.
4. Price and Terms of Payment
a. The Price of all goods and service shall be set out on the Upside Snacks order page on the website of The Fruit Cube. The prices of the snack options are subject to change and will be updated on the website accordingly. There will be no written notice to customers of the changes in price.
b. A confirmation of order will be sent to the Purchaser shortly after placing an order, if the order is accepted (see point 6 below). Thereafter, if no amendments are required in terms of number of boxes or delivery date, an invoice will be sent by The Fruit Cube within a day of the Upside Snacks order being placed by the Purchaser. Invoices must be paid directly to The Fruit Cube via EFT into the bank account stated on the customer invoice and statement. Payment can also be done via SnapScan.The invoice shall be payable by the Purchaser as follows:
- For customers who signed up before 31 August 2017: Invoice to be paid within 7 (seven) days after receipt of the invoice.
- For customers who signed up after 31 August 2017: Invoice to be paid immediately and proof of payment sent to The Fruit Cube so that the order may be processed.
c. Unless otherwise agreed on in writing, the Purchaser shall not have any right of deduction or set-off. Objections to The Fruit Cube’s invoices and/ or statements for Upside Snacks must be received by The Fruit Cube within 1 (one) day after receipt of the invoice. In the event that Purchaser fails to provide a timely objection notice to The Fruit Cube, the terms of the invoice or other document shall be deemed to have been irrevocably accepted by Purchaser. Notwithstanding the foregoing, The Fruit Cube reserves the right to correct, at any time, any invoicing errors, including calculation errors, which may arise from time to time.
d. If an invoice or statement was corrected by The Fruit Cube, the corrected invoice and/ or statement shall be sent to the Purchaser immediately and shall be payable by the Purchaser upon receipt thereof.
e. Vouchers and Promotional Codes may only be used once and are not redeemable for cash. They may only be used by new or current customers as specified on the relevant voucher or in the relevant promotional material.
5. Late or non-payment by the Purchaser
a. The Fruit Cube reserves the right to suspend orders of the Purchaser if his/ her account is in arrears. It will be within the sole discretion of The Fruit Cube to accept new orders from a customer in arrears, notwithstanding receipt of the Purchaser’s proof of payment.
b. If the Purchaser fails to make payment within the time constraint set out in paragraph 4 (b) above The Fruit Cube reserves all rights to institute legal action against the Purchaser. The Fruit Cube shall be entitled to recover legal costs on an attorney and own client scale from the Purchaser.
6. Quotations and Orders
a. Unless otherwise specified, all written quotations shall be intended for reference purposes only, constituting neither an offer to sell nor imposing any obligations or liability on The Fruit Cube. All written quotations and offers to sell automatically expire ten (10) days from the date quoted unless otherwise specified.
b. Unless otherwise expressly agreed upon in writing by The Fruit Cube, any figures, measurements, dimensions or other descriptive specifications relating to The Fruit Cube’s quotation or offer to sell (“Specifications”) are approximations only and shall not be deemed to form part of any agreement or be treated as constituting any representation, warranty or condition in relation to the goods or services.
c. Any deviations between the goods supplied and any offers, samples, trial products and pre-deliveries are permitted in accordance with technical norms and within standard industry variances and tolerances.
d. No order placed by the Purchaser shall be deemed to be accepted by The Fruit Cube unless and until confirmed in writing (via email) by The Fruit Cube or its duly authorized representative or until performed by The Fruit Cube. The Fruit Cube reserves the right to accept or decline any order in whole or in part within three (3) days after receipt of Purchaser’s order.
e. The Purchaser’s information supplied in the order form will be kept in confidence. Only the contact name, number and delivery address will be supplied to the relevant third parties who perform the delivery of the product.
7. Delivery of Goods and Performance of Services
a. The Fruit Cube will use commercially reasonable efforts to make sure goods are delivered in the shortest possible time on designated delivery day. However, specific times cannot be guaranteed.
b. Delay or failure by The Fruit Cube to deliver an installment and/or perform a stage of service shall not entitle the Purchaser to repudiate or cancel the delivery of other installments or stages of goods ordered.
c. A maximum of two delivery attempts will be made on the day of delivery. If the Purchaser is not available to accept the goods, the Purchaser will still be invoiced for the goods. The Fruit Cube will contact the Purchaser in writing should the delivery attempt not be successful.
8. Inspection and Acceptance of Goods and Services
The Purchaser shall provide The Fruit Cube with a written notice within 1 (one) day of delivery containing the full details of any alleged defect or non-conformity in goods. The Purchaser shall also keep the entire Upside Snack product in question aside, including all packets, for a representative from The Fruit Cube to collect to allow suppliers to investigate the alleged defect. The Fruit Cube shall make the final determination as to whether the goods are defective or non-conforming. If it is determined that the product does have a defect, The Fruit Cube shall, in its discretion, replace the affected goods and/or provide the Purchaser with a discount which it deems reasonable in the circumstances.
9. Changes in Terms and Conditions
The Fruit Cube reserves the right to make changes to these Terms and Conditions which will become effective immediately once updated on this website. It remains your obligation to check these Terms and Conditions, and your use of this website and services will be considered notice of your acceptance of these Terms and Conditions.
10. Limited Warranty
a. Except as otherwise specified herein, The Fruit Cube warrants that: (i) all goods and services purchased hereunder are free from defects in material and workmanship and conform to the requirements of this Agreement; (ii) The Fruit Cube has good title to goods and the right to sell them to the Purchaser; and (iii) goods and services shall conform to the written Specifications, if any, described in the Sales Agreement.
b. This warranty excludes normal wear and tear and ordinary deviations in size, weight or quality of the product.
c. The Purchaser shall not be entitled to withhold payments on account of warranty claims or other counter-claims not recognized by The Fruit Cube.
d. The use by the Purchaser of any product supplied by The Fruit Cube is at the Purchaser’s risk. Upside Snacks are packaged in a facility containing nuts, seeds, biltong and dried fruit.
11. Entire Agreement and Electronic Communications
These Terms along with the completed Order Form and any document relating thereto contain the entire agreement between Purchaser and The Fruit Cube and shall not be altered or amended except by written communication agreed to by both parties.
By using this website and/or communicating electronically with The Fruit Cube, the Purchaser agrees that all communication satisfies any legal requirement, including the requirement that such communications must be in writing.
12. Applicable Law and Jurisdiction
These Terms and any document relating thereto shall be governed by and interpreted according to the laws of the Republic of South Africa and either party shall bring any action that arises out of or relates to the Sale Agreement and/or these Terms in any Magistrate’s Court in the Republic of South Africa, that has jurisdiction over the subject matter.
13. All content on this website is copyrighted and remains the sole property of The Fruit Cube.
By accessing and using this website, the Purchaser agrees to be bound by the Terms and Conditions as set out above. No content on this website may be accessed, used, downloaded or copied and shared for any purpose without the consent of The Fruit Cube.