Please familiarise yourself with these terms and conditions, which may be updated from time to time
The Fruit Cube is an office fruit and grocery provider. In this notice, "we", "our" and "us" refer to The Fruit Cube.
Acceptance of terms and conditions
By using the website and this service, you are acknowledging that you understand the terms and conditions, and that you are accepting and agreeing to be bound by them. They represent our entire agreement with you and supersede all prior terms, conditions, warranties and/or representations to the extent permitted by law. We may periodically update or change the Terms without notice and your continued use of our website will mean you accept any updated or revised Terms.
Creating an account
You are not required to create an account with us before placing an online order. However, you may choose to create a Simple Business account or a Monthly Business Account where you will be required to provide certain information. The Fruit Cube will never store any payment card details.
Agreement of sale
An agreement of sale between The Fruit Cube and a non-Monthly Business Account customer will only be valid once payment has been made and once The Fruit Cube has received the payment thereof. Up until that point all products will remain the property of The Fruit Cube.
Confirmation of order
When payment has been made, or in the case of a Monthly Business Account when an order or recurring order has been placed, you will receive a confirmation of order via email to the email address you supplied. If you do not receive this confirmation, please get in touch or check your transaction history to see whether your payment has gone through.
Product availability and pricing
All products displayed on our website are subject to availability. The Fruit Cube reserves the right to add and remove certain products and update pricing from time to time without giving notice. Prices displayed include Value-Added Tax.
You will be charged the prices that are reflected on our website, subject to availability and delivery address. Prices and promotions may vary depending on region.
We cannot always guarantee stock availability. Where a substitute product is available, and if you have agreed to us providing it, we will deliver it if possible. If we are unable to supply certain items or quantities ordered, you nevertheless agree to accept delivery and make payment for those items that are or have been delivered.
For non-Monthly Business Account customers:
Payment is done safely and securely via a registered 3rd party payment gateway at checkout, in South African Rands (ZAR). The Fruit Cube will never store any payment card details. By submitting your order and payment card details you warrant that you are authorised to make payment and that there are sufficient funds available to make the payment.
For Monthly Business Account holders:
Invoices are sent per order. Payment must be made via EFT or SnapScan within seven (7) days of the month-end, or as stated on the invoice, whichever date occurs first.
Unless otherwise agreed on in writing, the customer shall not have any right of deduction or set-off. Objections to The Fruit Cube's invoices and/or statements must be received by The Fruit Cube within 4 (four) days after receipt of the invoice. In the event that the customer 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 customer. 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.
If an invoice or statement was corrected by The Fruit Cube, the corrected invoice and/ or statement shall be sent to the customer immediately and shall be payable by the customer upon receipt thereof.
Late or non-payment by the customer
The Fruit Cube reserves the right to suspend orders of the customer if their account is in arrears. It will be within the sole discretion of The Fruit Cube to re-activate orders notwithstanding receipt of the customer's proof of payment.
If the customer fails to make payment within the time constraint set out above, The Fruit Cube reserves all rights to institute legal action against the customer. The Fruit Cube shall be entitled to recover legal costs on an attorney and own client scale from the customer.
Quotations and Orders
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.
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.
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.
Delivery (acceptance, fees, areas)
We deliver strictly to offices only. Orders for individuals will not be processed.
Anyone signing for or accepting the delivery on your behalf, should you not be available when delivery happens, will be deemed to be authorised to do so. Their acceptance will count as proof of delivery.
Should no-one be available to sign for and accept the delivery, the driver will keep the products and we will contact you. Route permitting, your delivery may be done later in the day if someone will be available to accept the delivery. Alternatively, if it is dried goods, it will be delivered the next day, and we reserve the right to charge an additional delivery fee. If it is fresh produce, it will not be redelivered but it will still be charged for as the fruit cannot enter our warehouse cold chain again.
Deliveries and collections are outsourced to a third party and The Fruit Cube is therefore not liable for any loss or damage caused by them, save for any loss or damage to the products you ordered from The Fruit Cube. Our liability for any delay in delivery is limited to second attempt re-delivery at a later agreed time at no additional charge.
Accuracy of the website content
The Fruit Cube aims to keep all product specifications, information and images up to date and accurate, but do not warrant that all such content is always up to date and accurate. Due to delays in being sent updated product information from manufacturers/suppliers, human error when uploading content or technical errors on the website, The Fruit Cube does not accept any liability for incorrect information.
Information about allergens are based on supplier/manufacturer information. If you are unsure about whether a specific product contains an allergen or may be contaminated with an allergen, please contact the manufacturer directly.
Returns, refunds and replacements
If a product is unavailable after you have ordered and paid for it, The Fruit Cube will be in touch with you to discuss options.
Returns, refunds and replacements will be dealt with on a case by case basis. Should there be any obvious damage to a product, please get in touch on the day of delivery, or at the latest, within 24 hours of delivery so that we can address the situation as quickly as possible either with a refund or with a replacement at no additional cost to you. Where possible, please attach a photo to an email as this will allow us and the suppliers to investigate more easily. In the case of a return, you must please keep the entire product in question aside, including all packaging, 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 you with a discount which it deems reasonable in the circumstances.
If you have received the wrong product, please get in touch on the day of delivery, or at the latest within 24 hours of delivery. We will check to see whether your order was incorrectly packed. If so, we will arrange for a swop at no additional cost to you. Please keep the product requiring a swop in its original state.
We cannot give a cash refund for any purchases that were made using a voucher or promotional code. In such a case we will reinstate the used code with a limited extension of its date of expiry or we will issue you with a new one at the same monetary value, also with a specific expiry date.
A delayed delivery will not be deemed as grounds for a return or a refund.
Cancellations, changes and pausing of orders
For Monthly Business Account customers, if you would like to cancel, pause or change an upcoming order, you may do so by logging into your account and managing the order via the dashboard. Changes must be made within the relevant cut-off times, on business days, otherwise the order will be fulfilled and charged for.
Cancellations of paid orders will only be possible if the cancellation is made via email before the order has been packed for delivery. You will then be refunded for your order.
The Fruit Cube reserves the right to cancel any sale in the event of a breach of any of these terms and conditions, which may be updated from time to time without notice.
A delayed delivery will not be deemed as grounds for a cancellation.
Voucher and promotion codes
Voucher and promotion codes can only be used once, in line with the terms and conditions of the relevant voucher or promotion. They are not exchangeable for cash.
Competitions and promotions shown on our website are subject to these Terms and Conditions and may be subject to additional conditions.Any promotions will only apply to items on your original order and not to items that you may choose to add to your original order after the order has already been placed. Unless otherwise stated, codes can only be used once and also only once per user, cannot be used in conjunction with other codes, are not exchangeable for cash and are only valid for use within the time-frame allocated to that code. Codes will not be replaced if stolen, destroyed, lost, or used without permission.
Links to and from other websites
You acknowledge that The Fruit Cube and any of its third party service providers have not reviewed and do not endorse the content of all sites linked to and from this website, and The Fruit Cube does not assume responsibility for the content or actions of any sites linked to or from this website. Linking to any service or site is at your sole risk.
Advertising and hyperlinks
External hyperlinks may appear on our website. The hyperlinks may not be construed to constitute any relationship between us and any linked third party or any endorsement by us of such third party, and use of or reliance on any external links provided is at your own risk. Advertising and other promotional material of third parties may appear on our website from time to time. We do not endorse such third parties or their products and/or services. Your reliance on any information contained in such material is entirely at your own risk.
We value your comments, ideas, suggestions, and feedback (“your comments”) via our website and via email. We are not obligated to respond to, maintain or compensate you in any way whatsoever for your comments. Once received, your comments will become our property and we will not be limited in any way in the use, commercial or otherwise, of any of your comments. We will not use your company's logo without your company's approval.
Any comments uploaded by our users or any authorised experts invited as our guests are their opinions alone and do not in any way represent the views, opinions, beliefs, or values of The Fruit Cube or our third part service providers. You agree that The Fruit Cube and its third party service providers are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement.
You warrant that your comments do not and will not violate the right(s) of any third party, including copyright, trademark, privacy or any other personal or proprietary right. You agree not to disclose, submit, or offer any comments that are or contain any defamatory, unlawful, abusive, or obscene material. We disclaim any liability towards any third party regarding your comments and you shall remain accountable towards any third party regarding any harm caused by your comments.
The Fruit Cube does not store any payment card details.
Risk and Ownership
Risk in the products shall pass to you or your authorised representative on delivery.
Risk and ownership
All risks will pass to you or your authorised representative upon delivery. Ownership of all products will be retained by The Fruit Cube until payment is received in full, the exception being for Monthly Business Account customers who pay at month end.
If you create an account on our website, you are solely responsible for keeping the password safe that you use to access your account and use our service. You are also solely responsible for any actions which may take place on your account under your password and we do not accept any liability for any damages suffered or losses incurred.
All rights, including copyright, trademark and other intellectual property rights embodied in any logos, text, images, video, audio or other material on this website are owned by or licensed to us. All data and information communicated to or from the website including its database also belongs solely to us or our licensors. You are permitted to view, print or store electronically a copy of any information on our website, including these Terms, solely for your personal, lawful, non-commercial use. Unauthorised use, reproduction, modification and/or distribution is strictly prohibited and constitutes an unlawful infringement of our intellectual property rights.
Use of The Fruit Cube website
You are allowed to browse or use our website for your own personal, non-commercial use. No other use is permitted without consent and none of the content may be copied, modified, reproduced, republished, or redistributed without consent.
This website may be used by customers to purchase products and browse content. It may not be used for fraudulent transactions or for any speculative transactions. You may not authorise others to use the website, and you are responsible for all use of the website by you and by those you allow to use, or provide access to, the website. You may not impersonate, imitate, or pretend to be somebody else when using the website.
The uploading of any unlawful or damaging information or viral software is strictly prohibited. You may not provide to or post on or through the website any graphics, text, photographs, images, video, audio, or other material that constitutes junk mail, spam, advertising, and/or commercial offers. You may not repeat the same posting multiple times in a day or week. You agree not to use any obscene, indecent, or offensive language or to provide to or post on or through the website any graphics, text, photographs, images, video, audio or other material that is defamatory, abusive, bullying, harassing, racist, hateful or violent. You agree to refrain from ethnic slurs, religious intolerance, homophobia, and personal attacks when using the website. You agree not to use any sexually explicit language or to provide to or post on or through the website any graphics, text, photographs, images, video, audio, or other material that is sexually explicit.
You may not provide to or post on or through the website any graphics, text, photographs, images, video, audio or other material that is encrypted, invades anyone’s privacy, or illustrates, references or encourages conduct that would constitute a criminaloffence, give rise to criminal liability or that otherwise violates any statute or regulation. You agree to use the website only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability. You are responsible for ensuring that any graphics, text, photographs, images, video, audio or other material you provide to or post anywhere on the website does not violate the copyright, trade mark, trade secret or any other personal or proprietary rights of any third party or is provided or posted with the permission of the owner/s of such rights.
The website content is protected by copyright, trademark and other intellectual property laws and is the property of The Fruit Cube and its authorized service providers. The copying, reproduction, publication, display, rearrangement, redistribution, modification, revision, alteration, cropping, re-sizing, reverse engineering, movement, removal, deletion, or other use or change by you, directly or indirectly, whether by omission or commission, of any such website content, including but not limited to the removal or alteration of advertising, is strictly prohibited. You may not in any way make commercial or other unauthorised use, by publication, re-transmission, distribution, performance, caching or otherwise, of material obtained through the website except as permitted by statute or expressly permitted in writing by this Agreement or the website.
You agree not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with the website or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others’ use of the website.
Other than connecting to our and our third party service provider’s servers by http requests using a Web browser, you may not attempt to gain access to our servers by any means, including, without limitation, by using administrator’s passwords or by masquerading as an administrator while using the website or otherwise.
We reserve the right to suspend our website or any part thereof at any time if we, in our sole discretion, determine that you are not using the website in compliance with these Terms or if we believe the information provided by you is untrue, inaccurate or incomplete.
Any indulgence of extension of time granted to you shall not be construed as a waiver or variation of any of our rights or remedies in these Terms or law.
Customers who are not resident in South Africa are welcome to use our website in accordance with these Terms to make online purchases provided that the delivery address is in South Africa.
Disclaimers and exclusions of liability
Use of our website is entirely at your own risk. We make no representations or warranties of any kind, whether express or implied. We do not warrant that the functions provided by the website will be uninterrupted or error free, or that the website or the server that makes it available are free from viruses or other harmful components. We accept no liability, to the extent permitted by law, for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused arising from the access or use of our website. You agree, to the extent permitted by law, to indemnify us against any loss or damage suffered or liability incurred by reason of any act or omission on your part or that of any third party acting on your behalf in connection with your use of our website. Notwithstanding any other provisions contained herein, our liability arising from any breach of these Terms, negligence or otherwise shall not at any time exceed the monetary value of any order placed via this website.
You hereby indemnify The Fruit Cube and its affiliates, employees, agents, representatives and third party service providers, and hereby defend and hold each of them harmless from any and all claims and liabilities (including legal costs on the attorney-client scale) which may arise from your submissions, from your unauthorised use of material obtained through the website, or from your breach of this Agreement, or from any such acts through your use of the website.
Law and arbitration
These Terms and Conditions are governed by the laws of the Republic of South Africa. Any dispute arising in relation to these shall, to the extent permitted by law, be referred to arbitration at a venue of The Fruit Cube’s choice.