Terms & Conditions
CULINARY DIRECT is to be exempted from any liability due to a customer failing to provide accurate registration information, or a customer failing to view special warnings, etc.
Subject to applicable law, you agree to indemnify, defend, and hold CULINARY DIRECT harmless against any claim or liability (including attorneys’ fees) arising out of your use of the website.
CULINARY DIRECT is a brand trading within CULINARY DIRECT (Pty) Ltd, registration number 2020/845386/07
These terms govern your use of the CULINARY DIRECT website. Access to the services, content and downloads available on the CULINARY DIRECT website may be classified as “electronic transactions” as defined in terms of the Electronic Communications and Transactions Act, Act No. 25 of 2002(ECT Act)
- We provide the CULINARY DIRECT website as a convenience to you. To use the CULINARY DIRECT website for services including but not limited to online shopping, browsing, product information, store locations, subscribing as a user, viewing and managing your account and orders, etc. we may require you to provide your personal information.
- We reserve the right to change the documents and/or other materials contained on this website from time to time without notice. This Right also applies to these terms and conditions as added or amended from time to time. CULINARY DIRECT will post the revised terms on the website. You may use the CULINARY DIRECT website for your personal and non-commercial use, not for republication, distribution, sale or any other use.
- The Terms make up the entire agreement between the parties. If any term is void, unenforceable, or illegal, the term will be severed, and the rest of the terms will be effective.
- Unless otherwise specified, we intend the goods and services offered on this site for citizens of the Republic of South Africa only. The terms are governed by and interpreted according to the laws of the Republic of South Africa without giving effect to any principles of conflict or law. By you ticking the “I confirm I have read and understood the ‘Terms & Conditions’ box, forms a legally binding agreement between you and CULINARY DIRECT.
CULINARY DIRECT may, in its sole discretion, change these Terms and Conditions or any part thereof at any time on notice to you. You bear the sole responsibility to ensure that you are satisfied with the amendments. Should you not be satisfied with the amendments, you must refrain from placing any further orders on the website, or from further use of the website in any way.
This Agreement is governed by the laws of the Republic of South Africa.
You agree that we may bring legal proceedings against you relating to this Agreement in any Magistrate’s Court that has jurisdiction, even if the amount of the claim may exceed the jurisdiction of that court. This does not prevent us from bringing legal proceedings in a High Court that has jurisdiction.
We choose as our domicile address where you must deliver all notices and legal processes, the following address:
No 30 Arena close,
H.Santos Building, Ground Floor, West Wing,
Bruma, Johannesburg, South Africa.
CULINARY DIRECT chooses as its address for all purposes under these Terms and Conditions, whether in respect of court process, notice, or other documents or communication of whatsoever nature, No 30 Arena close, H.Santos Building, Ground Floor, West Wing, Bruma, Johannesburg,South Africa, with a copy to be sent to email@example.com.
These Terms and Conditions shall commence from the date on which they are published on the website and continue indefinitely, as amended by CULINARY DIRECT from time to time, for so long as the website exists and is operational, CULINARY DIRECT being entitled to terminate these Terms and Conditions and/or shut down the website at any time.
When you visit the website or send e-mails to CULINARY DIRECT, you consent to receiving communications from CULINARY DIRECT electronically and agree that all agreements, notices, disclosures and other communications sent by CULINARY DIRECT satisfy any legal requirements, including but not limited to the requirement that such communications should be “in writing”.
Hyperlinks provided on this website to non-CULINARY DIRECT sites are provided as is and CULINARY DIRECT does not necessarily agree with, edit or sponsor the content on such web pages..
No person, business or web site may frame this site or any of the pages on this website in any way whatsoever.
No person, business or web site may use any technology to search and gain any information from this website without the prior written permission of CULINARY DIRECT. Such permission could be obtained from firstname.lastname@example.org
No person, business or website may circumvent our technology in any way, knowingly or unknowingly to their advantage. This may result in your order being cancelled or further action be taken to compensate Culinary Direct for any damage or harm caused by any such action.
- “we” or “us” or “CULINARY DIRECT” means CULINARY DIRECT, whichever one applies;
- “website” means www.culinarydirect.co.za;
- “CULINARY DIRECT website” means www.culinarydirect.co.za;
- “you” or “user” means any person who visits, accesses or uses the website.
As a user, CULINARY DIRECT grants you a limited, non-transferable revocable license to access and use the website subject to the terms and conditions. Your license does not extend to the website’s source code or to the source code of any software or computer program that forms part of the website. You may only use the website for personal use, limited to viewing the website, providing information to the website, downloading product information for your review from the website or purchasing goods or services from the website.
You may only use the website if, in terms of South African law, you have the legal capacity to agree.
You may only link to the website by linking to the home page of the website.
- You, the customer, agrees and acknowledges that:
1.1 You will at all times comply with the Law(s); including the National Credit Act of 2005 and the Consumer Protection Act and/or any other applicable legislation (if it applies to the customer for the receiving, compiling and reporting of information.) Without limiting the generality of the foregoing, the customer specifically agrees that when reporting Personal and other information to CULINARY DIRECT;
1.2 Such information will include all mandatory data;
1.3 You will have taken all reasonable steps to ensure that the information submitted is accurate, up-to-date, relevant, complete and valid when submitting such information;
1.4 You may submit the information to CULINARY DIRECT, to make such information available to its associated partners, to render the services offered, and that such information is not subject to a duty of confidentiality between CULINARY DIRECT and the customer.
1.5 As a Visitor or User, you agree that we may electronically accumulate, keep and use the following of your information:
1.7 Additional information you may provide voluntarily, such as demographic information or data related to your favourite social networking site (e.g. the site name, address and description(s)), or information relating to your participation in CULINARY DIRECT competitions, promotions, studies, reviews and surveys, and additional services. (“Optional Details”).
1.8 Details submitted, when registering or transacting, to use the services on the CULINARY DIRECT website. You may submit optional Details to us if you upload or download certain content (or products) from the Website/Platform, enter competitions, partake in promotions, respond to reviews/surveys, subscribe to or register for specific additional services; or else use any of the optional features and functionality of the Website/Platform.
1.10 when you access the Website/Platform or open one of our HTML emails, we may automatically collect and record certain Usage Details from your system by using different tracking technology.
1.11 Our Website may contain electronic image requests (called a “single-pixel gif” or “web beacon” request) that allow us to count page views and to access cookies. Any electronic image viewed as part of a web page (including an ad banner); can act as a web beacon. Web beacons are typically 1by1 pixel files, (tiny unnoticeable files), but their presence can usually be seen within a browser by clicking on “View” and then on “Source.” We may also insert web beacons in HTML-formatted newsletters, which we send to “opt-in” subscribers to count how many newsletters they have read. CULINARY DIRECT web beacons do not gather, monitor or share any personally identifiable information about our customers. They are just the technique we used to compile anonymous information about the Website and Service.
1.12 CULINARY DIRECT may use any Optional Details provided by you, for such purposes as shown to you at the time you agreed to provide such Optional Details.
REGISTRATION AND USE OF THIS WEBSITE
- We may use your Usage Details to:
2.1 Automatically validate and/or verify your identity; for the website and transaction security purposes via CULINARY DIRECT or via a third-party service provider;
2.2 Automatically provide you with the latest version of the CULINARY DIRECT application on your system;
2.3 Remember your information so you will not have to re-enter it during your visit the next time you access the Website/Platform;
2.4 Monitor aggregate Website usage metrics such as total number of visitors and pages accessed; and
2.5 Track your entries, submissions, and status in any promotions or other activities in connection with your usage of the Website/Platform.
2.6 CULINARY DIRECT shall take all reasonable steps to protect the personal information of the Users and for this purpose, “personal information/personal details”; shall be defined as contained and detailed in the Promotion of Access to the Information Act 2 of 2000 (PAIA).
2.7 If you are a CULINARY DIRECT website user, you agree that we may also electronically gather, save and use the following information:
2.8 Name and surname, birth date, gender, identity number and /or passport number, nationality and country of residence (“Personal Information/Details”);
2.9 E-mail address, mobile number, home and delivery address and credit card billing address (“Contact Details “);
2.10 the credit or debit card number, cardholder name and expiration date you submit to CULINARY DIRECT website regarding your credit or debit card(s), (Credit or debit cards)
- CULINARY DIRECT Website Users collects the aforesaid information from you in the following manner:
3.1 User-provided Information: Your Personal Information/Details, Contact Details and Debit or Credit Card Details will be provided by you directly to us during your registration as a CULINARY DIRECT website user and/or thereafter by you actively transacting, updating or supplementing such details in your CULINARY DIRECT website users Account.
3.2 CULINARY DIRECT uses the information that CULINARY DIRECT website users provide (or that we collect) to operate, validate, verify, maintain, enhance and provide all the features of the Services, and as may be necessary to comply legally when conducting online payment transactions and related service provided.
3.3 We use your Debit or Credit Card Details to provide the Services (including the verification thereof when you transact with CULINARY DIRECT) and, should fees be charged for some Services and you have selected a credit or debit card as your means of payment, we shall debit that credit or debit card for such fees owed by you. We use your Personal Information/Details to greet you when you access your CULINARY DIRECT User Account, to manage and administer your use of the Services and fulfil our contractual obligations, including the verification of your identity when you transact with CULINARY DIRECT.
3.4 We use your Contact Details to verify your identity and to inform you of facts relating to your use of the Service(s) (e.g. notifications regarding major updates or content you have posted or downloaded from the Website/Platform, customer service notifications, and to address any copyright infringement or defamation issues); as well as to inform you, subject to obtaining your prior agreement, of competitions, promotions and special offers from us and/or any of our partners and/or affiliates.
3.5 Any user, who commits any of the offences detailed in section 85 to 88 of the ECT Act 25 of 2002 shall, notwithstanding criminal prosecution, be liable for all resulting losses or damages suffered and/or incurred by CULINARY DIRECT and its partners/affiliates.
- You may not:
4.1 Provide any incorrect information to the website or CULINARY DIRECT;
4.2 Change, copy, decompile or reverse-engineer the website or use the website to make derivative copies;
4.3 Lease, sell, assign or in any other way to distribute the website or any information gotten from the website without the prior written consent of CULINARY DIRECT;
4.4 Use malicious search technology, including but not limited to spiders and crawlers;
4.5 Frame any pages of the website;
4.6 Deep-link to any pages of the website in a way to suggest that you are the owner or license of any intellectual property in the website.
4.7 Use the interactive sections of the website, for instance, forums, clubs, surveys and e-mails, to post any material which in CULINARY DIRECT discretion is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, sexually-oriented, threatening, invasive of a person’s privacy, or otherwise violates any laws. CULINARY DIRECT does not have editorial control over the submission of any content to interactive sections of the website. You submit all information, including the publication of pictures and/or articles, at your sole risk and responsibility. CULINARY DIRECT is not liable for damages or other adverse consequences caused by the use of the submissions.
In line with the Film and Publication Board Act 3 of 2009 (FPB) as amended; to intensify the efforts to protect children from harmful images within the media, including films, exhibitions, games, the internet and other publications, the website is not targeted at children under the age of eighteen (18) and CULINARY DIRECT will not knowingly collect information from users in this age group.
No transaction will be concluded between CULINARY DIRECT and a person under the age of 18 unless written consent thereto is received by CULINARY DIRECT from a parent or legal guardian. CULINARY DIRECT, therefore, reserves it’s Right to request proof of identity before concluding any transaction. Your continued use of this website confirms that you are 18 years old or older.
- A sales order will only be deemed as completed once you have completed the purchase cycle, an approved payment/order confirmation is received and delivery has taken place. We will confirm your purchase order with you via your specified email. By placing a product in your shopping cart or adding a product to a wish-list does not make up a sale nor are such products, its price nor its quantities reserved. If you complete the purchase cycle for such products at a later stage CULINARY DIRECT cannot be held liable to honour any price changes or if such products are not available.
- CULINARY DIRECT shall use reasonable attempts to make the advertised stock available at the displayed price, for the period specified. CULINARY DIRECT strives to ensure that we minimise out-of-stock situations and will take all reasonable measures to make your purchased product available at the advertised price or inform you of an equivalent product option. We will notify you of any delivery delays should we need to source a product. Please refer to our termination of sale process should you opt for a full refund.
Clearance campaigns might be implemented from time to time where stock is available in limited quantities. CULINARY DIRECT is not obliged to source stock or offer a similar or upgraded item for this sale as stock will no longer be available in future.
REFUND AND RETURNS
A refund is deposited directly into your credit card or bank account. This process may take up to 30 working days. A refund processing period will only start from the time we have received the returned goods.
Goods may only be returned in terms of the Consumer Protection Act, Act 68 of 2008 (“the CPA”). If you are entitled in law to return goods, then and in line with the CPA, a handling fee of up to 15% of the value of the goods may be charged when the product/packaging is not returned in its original purchase condition.
1.1 Non-returnable/ non-refundable items:
1.1.1 Delivery and or installation costs
1.1.2 Pre-paid cards
1.1.3 Digital content
1.1.4 Any damaged or abused items.
1.1.5 Computer and gaming software, speakers, CD’s, DVD’s and Blu-ray discs unless we find that the goods were defective at the time of purchase.
- Under no circumstances will we accept returned goods where the consumer has been allowed to inspect the goods before the purchase and subsequently changed his/her mind about the goods; they have damaged the goods in negligence; the goods have been disassembled, permanently installed, physically altered, used or installed contrary to our own or the manufacturer’s instructions, and/or have been subjected to misuse or abuse.
- We sell goods for domestic use only and for the purpose for which we manufactured them. It will also exclude normal wear and tear. If you want to return alleged defective goods in terms of a warranty, we or the manufacturer will assess the goods to determine the reason for the defect.
- Subject to these terms, all goods carry an implied warranty by following the Consumer Protection Act 68 of 2008, (“CPA”) which gives the consumer the right to return the defective goods in terms of section 20, read together with section 56 of the CPA. Our goods also carry a manufacturers’ warranty where applicable, which will run concurrently with any warranty in terms of the law. The implied warranty on goods supplied places an obligation on CULINARY DIRECT to accept the return of unsafe or defective goods within six months of delivery. In the event of the goods not complying with requirements and standards contemplated in section 55 of the CPA, the consumer has the right to return goods to CULINARY DIRECT if:
4.1. The consumer finds within 10 days that the goods are unsuitable for a particular purpose for which the consumer has expressed intention to use the goods as contemplated in s55(3);
4.2. The consumer did not examine the goods and rejected delivery of the goods for any reasons contemplated in section 19(5); and
4.3. The consumer has refused delivery of those goods because they were mixed with items that were not ordered, as contemplated in section 19(8).
- You are entitled to cancel any sale concluded on this Website (online sales) within 10 days after receipt of the goods and to get a refund. You may also cancel a sale where delivery is delayed beyond the stipulated delivery date/timeframe (or where none is specified, beyond 30 days from the order date).
- In the unfortunate event that your purchased goods become defective, you may opt to take it to any CULINARY DIRECT store. You are entitled to the following option of as per the CPA (after goods have been inspected and assessed):
6.1. Have such goods repaired
6.2. Have goods replaced
6.3. Be refunded the price paid
- If we find the goods to not be faulty, you will be liable for all handling and shipping charges; for the collection and the re-delivery of the product to you. You will be liable if the goods are damaged or faulty because of misuse, abuse or negligence.
- The warranty does not cover any defects caused by foreign objects or connection errors that are not part of the appliance, including but not limited to;
8.1. Use other than domestic use by the customer or his/her immediate resident family at the declared addresses appearing on the front of this document;
8.2. Failure by the customer or any other person to comply with the manufacturers’ instructions for installation, maintenance or use;
8.3. The use of accessories which have not been approved by the manufacturer;
8.4. The application and/or use of any incorrect or abnormal electrical or water supply to the appliance;
8.5. Any defect in wiring, electrical connections or plumbing which does not form part of the appliance at the time of the original purchase;
8.6. The presence in the appliance of objects which we do not intend the appliance to cope with, such as hairpins, coins and buttons in washing machines, hot food in fridges and chewing gum and wax crayons in tumble dryers;
8.7. Neglect, misuse, or wilful abuse of the appliance;
8.8. Anything related to the appearance of the appliance which does not in CULINARY DIRECT sole opinion prevent the appliance from working adequately: this includes but is not limited to cosmetic and manufacturers’ defects such as discolouring of any part of the appliance, paint peeling off, cracked or broken handles, plates, hinges, wheels, panels, shelves or any portion of the product which is glass;
8.9. Rust or the effects of rust;
8.10. Repairs or attempted repairs of the appliance by any person other than CULINARY DIRECT or its authorized repairers;
8.11. Any modification of the appliance by any person other than CULINARY DIRECT or its authorized repairers;
8.12. Parts or items of the appliance which are expected to wear out before the extended warranty period expires, including but not limited to, batteries, filters, disposable bags, rubber or plastic hose pipes, drive or fan belts, fuses and/or light bulbs cartridges, toners or ribbons;
8.13. Fire, flood, war, civil disturbance, industrial action, acts of God or any other causes beyond the reasonable control of CULINARY DIRECT;
8.14. Any defect arising out of the design of the appliance;
8.15. Any defect caused by a lightning strike or power surges;
8.16. Blown or damaged speakers arising from misuse;
8.17. Any damage caused because of the use of generic or re-filled cartridges;
8.18. Any loss or destruction of, or any damage to any property, or any loss expense arising therefrom, or any consequential loss or any liability of nature directly or indirectly caused by or contributed to, by or arising from ionizing radiation or contamination by radioactivity from any nuclear fuel or any nuclear waste from the combustion of nuclear fuel.
- Combustion shall include any self-sustain process of nuclear fission, or any loss, destruction, damage or disability directly or indirectly caused by or contributed to, by or arising from nuclear weapons material.
- CULINARY DIRECT will not be liable for the costs of;
10.1. Maintenance, including cleaning, clearing of blockages and overhaul, insect infestation;
10.2. Work covered by the manufacturers’ recall of the appliance;
10.3. Call out charges where the breakdown is not covered by the extended warranty;
10.4. And material or labour which is recoverable from the manufacturer or any person who may be held responsible in terms of any other guarantee or warranty.
- CULINARY DIRECT will not, in any circumstances, be liable for any consequential loss or damages suffered by the customer, whether directly or indirectly related defect in the appliance to the extent permissible by law.
- Repairs may not be effected without prior authorisation from CULINARY DIRECT.
- With an authorised repairer being called out for a fault covered by the warranty, the supplier shall pay the repairer for all labour and materials supplied in terms of the warranty, while the customer shall be liable to pay the repairer all other charges, including but not limited to the call-out charge should no defect be found in the appliance.
- The repair will be carried out in terms of the warranty within a radius of sixty kilometres from the appointed service agent’s premises. Should the repairer be required to travel beyond this radius, we will charge the customer at the prevailing AA rate per kilometre.
- CULINARY DIRECT’ authorised repairers reserve the right to not do house calls in areas where their safety may be at risk.
- Certain products will contain their supplier warranty, and we advise you to keep the same and refer to the same warranty for any differences in the above.
All materials published on the CULINARY DIRECT website are protected by copyright and owned or controlled by CULINARY DIRECT or the party accredited as the producer of the content, software or other material. We shall construe nothing in these terms and conditions of use as conferring by implication or otherwise, any license or right under this copyright, trademark, database right or other intellectual property or proprietary interest of CULINARY DIRECT or any third party. All logos, names and trademarks, which appear on the website are the intellectual property of CULINARY DIRECT or are used by CULINARY DIRECT under license. CULINARY DIRECT will prosecute any violation of intellectual property rights to the fullest extent that the law permits. We prohibit reproduction of part or all of the contents in any form other than strictly for individual use.
If you respond to CULINARY DIRECT via e-mail, surveys, forums, registration, or any other communication medium with any information, including but not limited to feedback, data, questions, comments or suggestions, but excluding your personal data, the information will not be deemed confidential. CULINARY DIRECT will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. CULINARY DIRECT will also be able to use any ideas, concepts, know-how or techniques in the information for any purpose, including but not limited to developing, manufacturing and marketing products, which incorporate or otherwise rely on the information. You consent to the aforesaid use of such information. By submitting information, you agree that CULINARY DIRECT may publish the information, use it as part of its operations, and incorporate its concepts in CULINARY DIRECT goods or for any other purposes, which CULINARY DIRECT considers necessary, without liability.
- When you visit the CULINARY DIRECT Website, you consent to receive communication from CULINARY DIRECT electronically and agree that all agreements, notices, disclosures and other communication sent by CULINARY DIRECT satisfy any legal requirements, including but not limited to the requirement that such communications should be “in writing”.
- You ensure that the goods are fit for the purpose for which you want to buy them and are in excellent condition and free of any form of defects before you take delivery of the goods. It is the responsibility of the customer to ensure, before delivery, that the goods listed on the till slip or your purchase order correspond in description, price and quantity with the goods purchased. You agree to adhere to the user/manufacturer’s instructions and ensure that you make yourself aware of all product warnings and safety instructions before the installation or use of all products purchased from CULINARY DIRECT. You are to keep proof of any repairs conducted and allowed by CULINARY DIRECT and proof of purchase on all returned goods.
- You must make sure of all measurements and sizes before purchasing your goods, as we will not replace or refund you if the goods do not fit into the room/intended location or through a door.
- The onus is on you to advise us if the goods are for a particular purpose when entering the transaction, and we cannot be held liable if you have not advised us of the goods particular purpose.
- CULINARY DIRECT provides the website “as is” and “as available” and to the extent permissible by law disclaims warranties including but not limited to a warranty of title, merchantability, non-infringement, fitness for a particular purpose and that the website is free from defects, uninterrupted and error-free. While CULINARY DIRECT attempts to provide accurate and timely information, CULINARY DIRECT cannot guarantee this. CULINARY DIRECT may correct and change the website if required. The CULINARY DIRECT goods and services described on the website are available in RSA, through the CULINARY DIRECT branch network.
- Although CULINARY DIRECT has tried to display the goods and their colours as accurately as possible, the displayed products and colours of the products will also depend upon your equipment and CULINARY DIRECT cannot guarantee that your equipment will display an accurate representation of the actual goods or their colours. CULINARY DIRECT will not be liable for any other website provided by any third party. It does not include all accessories shown with products for presentation in the price, nor are such products guaranteed to be available for sale by CULINARY DIRECT. In the event of delivery delays or out-of-stock situations, we will notify you and we will do our very best to ensure a speedy fulfillment.
- Image Disclaimer: Where products are displayed with compatible devices, we will not include these devices as part of the sales price unless specifically identified as part of a product bundle. In all other cases, we show images to display products within a lifestyle setting and do not include part of a sales proposal including any said devices or lifestyle additions.
1.1. We operate various social media communities on various social media services and are glad to have you as a community member. We encourage you to publish content and interact with us and other community members through our communities.
2.1. This policy applies to your conduct on any of our communities on any social media service. Social media is a broad term that covers any existing or future digital tool or other kind of technology that allows one person to publish the same message to many people in a public or semi-public forum at the same time using the Internet or a similar communications network.
- NOT OUR VIEWS
3.1. We’re always glad to hear from you and encourage you to engage through our social media communities, but what you and other community members publish on our social media communities do not necessarily reflect our views. In fact, the views you and other community members express are yours or theirs alone and not ours.
- RESPONSE TIME
4.1. We will do our best to reply to anything that you publish to our social media communities or send directly to us through social media within a reasonable time, but there may be times when we take longer to reply to you. We generally moderate our social media communities from 08h00 to 17h00 on weekdays other than public holidays. We also generally have reduced hours for replying to anything published after hours, on the weekend, or on public holidays. We may also sometimes only reply to these on the next available working day. However, we are not liable for responding within an unreasonable time or failing to respond to you at all.
- NO ENDORSEMENT
5.1. We appreciate it when you post content to our social media communities and we may acknowledge it with a ‘like’, ‘retweet’, ‘favourite’, or other way of acknowledging it depending on the particular social media service you published it on. But, the mere fact that we acknowledge something you publish does not mean that we endorse it in any way. We only endorse something if we explicitly say that we do in writing.
- PROHIBITED CONDUCT
6.1. We believe in freedom of speech and we encourage you to conduct yourself as you please (within reason) on our social media communities, provided that it doesn’t amount to abuse. You’re allowed to respectfully disagree with someone, but you’re not allowed to attack them personally. You may not engage in any of the following prohibited conduct:
6.2. discrimination, which means treating someone in a certain way based on prejudice – like racism, homophobia, bigotry, or other kinds of prejudice.
6.3. hate speech, which means attacking someone based on their attributes – like their gender, ethnicity, religion, race, disability, or sexual orientation;
6.4. harassment, which means harming someone or threatening to harm them – like bullying, intimidation, or stalking; or
6.5. trolling, which means a specific way of harassing someone online by intentionally sowing discord, starting arguments, or publishing objectionable content.
- PROHIBITED CONTENT
7.1. We look forward to having your content on our social media communities and want you to feel empowered to publish anything within reason. But, you may not publish any prohibited content including:
7.2. illegal content that is prohibited by law – like child pornography, pirated content, or content that otherwise infringes someone else’s copyright or other rights;
7.3. harmful content that could cause harm to someone – like defamatory comments, fraudulent claims, or untrue statements;
7.4. offensive content that could reasonably offend someone – like pornography, obscenities, or anything intended to shock someone; or
7.5. impermissible content – contrary to any codes or standards that we subscribe to and make you aware of. Competitions We run promotional competitions through social media from time to time. These promotional competitions are regulated by rules that determine what entries we accept, how we randomly select winners, and how the competition is monitored by auditors or other monitoring parties. The law requires us to have these rules and to appoint an external party to oversee that the competition is conducted fairly and according to the rules. A copy of the rules is available to you on request if you are an entrant or available on our websites. You may not engage in any of the following prohibited conduct:
unjustified outcries, which means strong expressions of public disapproval or anger based on false assumptions – like “The competition was rigged!” (our competitions are run strictly in accordance with the law and any baseless claim to the contrary is defamation against us);
7.7. discriminatory objections, which means negative comments about the competition or its results based on attributes of the individual entrants or winners, including their gender, ethnicity, religion, race, disability, or sexual orientation – like “I can’t believe only [insert attribute here] people won!” or “Not even a single [insert attribute here] person won!” (anyone is allowed to enter our competitions and winners are randomly chosen by computer software under the supervision of an external party – no one has any control over who wins or who does not and there may be multiple winners with a single attribute and none with yours); and
7.8. prohibited discussions, which means certain aspects of promotional competitions that we are not allowed to talk to you about in terms of our promotional competition rules, like the personal details of the winners. We also advise you not to share personal information on any public platform. Rather send us a private inbox message to keep your personal details safe.
8.1. Unfortunately, other community members may not abide by this policy and you may have to report them to us. You should not feel bad about reporting your fellow community members if you have a legitimate reason to think that they have breached this policy, particularly if they have done something to negatively affect you. However, you should not report anyone lightly. Any use of our reporting facility to censor discussion may itself be regarded as a breach of this policy.
9.1. Each social media community has features that allow us to edit or completely remove published content under certain circumstances. We value your contributions to our communities and will never use these features to edit or remove content you publish unnecessarily. But, as the moderator of our social media communities we are responsible for overseeing their content. We have complete discretion to edit or remove anything you publish on our social media communities that we think is inconsistent with this policy without notice to you. We may also impose filters on our social media communities depending on the features of the relevant social media service that prevent you and other community members from posting content containing certain keywords in the first place. We may moderate any of the following things as described above among others:
9.2. anything that is not relevant to a social media community or the conversation in question;
9.3. anything that results from prohibited conduct, including discrimination, hate speech, harassment, or trolling;
9.4. prohibited content, including content that is illegal, harmful, offensive, or impermissible; or
9.5. prohibited promotional competition related content, including unjustified outcries, discriminatory objections, or prohibited discussions
- QUERIES AND REINSTATEMENT
10.1. If we have removed anything that you have published, you may ask us for reasons why it was removed. We will do our best to inform you of the reason for removal, but are not required to do so. We also need not tell any other community members why we have decided to remove your content. Unfortunately, there may be times when we cannot give detailed legal reasons for why we have decided to remove anything you publish. We will only reinstate your removed content if we have a compelling reasons to do so.
11.1. There may come a time when you or another community member breaches this policy in a way that calls for action from our side. We have absolute discretion to take action if we deem you to have breached this policy and may take recourse against you in the form of a suspension or a ban.
12.1. We may suspend your right to participate in any of our social media communities if you do not comply with this policy, which means that you will not be able to access it for a period of time. Some social media services do not allow the temporary suspension of community members, in which case we may ban you instead.
13.1. We may ban you from any of our social media communities outright under extreme circumstances, which mean that you will not be able to access it for the foreseeable future.
- OTHER ACCOUNTS
14.1. We may also ban or suspend any other social media accounts that we suspect you to be operating through after we have taken recourse against you through your initial account.
15.1. If we have suspended or banned you, you may appeal to us to reinstate your access to a social media community. We will provide you with steps to take to ask to be reinstated by email if we decide to suspend or ban you so that the process is as just and equitable as possible.
- THIRD PARTY LINKS
16.1. Links on our social media communities may lead you to third-party websites. Third-parties other than us control these websites. We are not responsible for the content on those sites.
Any person that delivers or attempts to deliver any damaging code to this website or attempts to gain unauthorised access to any page on this website shall be prosecuted, and civil damages shall be claimed in the event that CULINARY DIRECT suffers any damage or loss.
You agree and warrant that your log-in name and password shall:
be used for your personal use only; and
not be disclosed to any third party.
You allow CULINARY DIRECT to take all reasonable steps to ensure the integrity and security of the website and back-office applications.
All credit card transactions are encrypted and handled by a third party Supplier. CULINARY DIRECT's registration documents and the website's registered domain name are checked and verified by
Should a dispute arise between you and CULINARY DIRECT on any matter arising out of these Terms and Conditions, and the matter is not resolved through the Customer Relations Department of CULINARY DIRECT within 1 (one) calendar month to your satisfaction, then you are at liberty to submit your complaint to the National Consumer Commission (the "NCC")..
Should such dispute be outside of the jurisdiction of the NCC, such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa which rules can be downloaded here
CULINARY DIRECT Products, Price Availability
1.1. All pricing displayed on the website is inclusive of the current South African VAT, is in South African Rands Only and is subject to price changes and may change without any warnings or notifications. Stock availability Stocks of all goods on offer are limited. CULINARY DIRECT shall take all reasonable efforts to ensure that when stock is no longer available, that offers thereof are discontinued. However, should CULINARY DIRECT be unable to fulfil any order placed by you at the advertised price due to stock having sold out, CULINARY DIRECT will notify you and you will be entitled to a refund of the amount paid by you for such product, as explained in more detail in the Refund Policy ("Refund Policy") Should a product become Sold out we will have the right to cancel your order and refund you your payment including any applicable delivery fees, we cannot supply products that have been marked as sold out.
1.2. Errors Please note that although CULINARY DIRECT endeavours to accurately describe and/or depict each product on the website, some descriptions or photographs may be of a generic nature and not specific to the particular product you wish to buy. However, should you be dissatisfied with the product you receive for any reason, you are entitled to return the product to CULINARY DIRECT for a full refund within 7 days of delivery. Handling fee; In line with the CPA a handling fee of up to 15% of the value of the product may be charged when the product/packaging is not returned in its original purchase condition Please see our Refund Policy in this regard (which explains how and when you can be refunded, as well as how returns are to be made).
1.3. Demo units are shop spoiled units that have been used in our stores, they come with the full supplier warranty.
1.4. Special order products are products that may be purchased online only. Special order products must be paid for in full before your order can be shipped. The turnaround time for special order deliveries are 3-5 working days.
1.5. Image Disclaimer: Where products are displayed with compatible devices, these devices will not be included as part of the sales price unless specifically identified as part of a product bundle. In all other cases images are shown to display products within a lifestyle setting and do not include part of a sales proposal including any said devices or lifestyle additions.
- Agreements of Sale
2.1. Placing a product in a shopping basket without completing the purchase cycle does not constitute:
2.2. an agreement of sale; and/or
2.3. an order for such product, and as such, CULINARY DIRECT may remove such product from the shopping basket if stock becomes unavailable and you cannot hold CULINARY DIRECT liable if such product is not available when the purchase cycle is completed at a later stage.
2.4. An agreement of sale only comes into effect if and when:
2.5. you electronically submit a completed order for one or more products in your shopping basket; and
2.6. payment is either authorised, or received by CULINARY DIRECT in its bank account.
2.7. Termination of Sales & Cancellation of Orders
2.8. By CULINARY DIRECT: CULINARY DIRECT reserves the right, for purposes of preventing suspected fraud, to refuse to accept or process payment on any order, and/or to cancel any sale concluded between you and CULINARY DIRECT, in whole or in part, on notice to you. CULINARY DIRECT shall only be liable to refund monies already paid by you (see CULINARY DIRECT's Refund Policy in this regard), and accepts no other liability which may arise as a result of such refusal to process any order/sale.
2.9. By You: Save for certain exceptions, and subject to certain charges you are entitled to cancel any sale concluded on this website within 7 days after date of receipt of the goods and to obtain a refund. Handling fee; In line with the CPA a handling fee of up to 15% of the value of the product may be charged when the product/packaging is not returned in its original purchase condition You may also cancel a sale where delivery is delayed beyond the stipulated delivery date/time frame (or where none is specified, beyond 30 days from the order date). Please read the Refund Policy for further details in this regard.
2.10. Collect and pay in store; where you have selected to collect and pay for your order in-store, please allow the store to check that your items are ready for collection. You will receive an email when your order is “Ready to collect” Please collect your order within 48hours after receipt of the "Ready to collect" email notification. Orders will be cancelled if not collected within 48 hours after receipt of the "Ready to collect" email notification.
- Amounts Payable by You
3.1. Prices The price of each product is displayed with the product listing. In the event of a sale or special offer, the discounted price is displayed.
3.2. Delivery Costs These differ depending on a variety of factors, including product type, price, and weight, as well as whether delivery is to be made within, or outside, the borders of South Africa. We keep delivery costs information current on our website.
3.3. Value Added Tax Value added tax at the rate of 14% is charged on goods bought by South African residents. VAT is not payable on orders if both the billing and the shipping address are international.
3.4. Import Duties Import duties may be payable by recipients of goods in foreign countries. CULINARY DIRECT does not know what import duties/levies may be payable and cannot calculate or estimate such costs. You are responsible for determining whether any such import duties/levies are payable and, if so, the amount thereof.
3.5. Errors: CULINARY DIRECT shall take all reasonable efforts to accurately indicate prices and delivery charges. However, should products be erroneously offered at incorrect prices and/or delivery charges for any reason whatsoever, specifically also including negligence or gross negligence on the part of CULINARY DIRECT, CULINARY DIRECT will not be obliged to sell products at such incorrect prices and/or delivery charges nor will CULINARY DIRECT be held liable for any damages caused whatsoever as result of such erroneous prices, but shall refund monies paid by you should you not wish to proceed with the purchase at the correct price and/or delivery charge.
- Payment Methods
4.1. Subject to the exceptions listed below, your payment for any products ordered from CULINARY DIRECT must be made to CULINARY DIRECT's bank account in any one of the following ways:
- Credit card payments
5.1. The website only accepts (3D Secure) South African bank issued Credit Card payments which include Visa and Master card. At the time of placing the order, the transaction details are presented to the bank for authorisation immediately. If bank's authorisation is not obtained, the order will be cancelled. Payment is not collected immediately it is a reserved for payment transaction. Only when the order is settle by CULINARY DIRECT are the funds collected. Please note that Master Card Cheque and Debit Cards are not accepted.
- 3D Secure:
6.1. We are proud to introduce a more secure online shopping experience for you! Registration with 3D Secure is required when shopping online with us as a 3D secure merchant and no username and password to remember anymore. You will now receive a One-Time-Password (OTP) that will only be valid for one transaction when shopping at a 3D Secure merchant, protecting your Credit Card against fraudulent online use. We all love the convenience of shopping online, but are concerned about the risks that may be involved. This is why we a deploy technology, such as 3D Secure, which has been designed to protect you while you shop.
- Bank deposits & Electronic Funds Transfer
7.1. Should you select to pay via a bank deposit or Electronic Fund Transfer: on completion of your order an instruction will be emailed to you regarding the acceptable methods in which monies must be deposited into CULINARY DIRECT’s bank account which is subject to the following Terms and conditions:
7.2. the full amount must be paid as per your order request within 48hours of placing your order;
7.3. your order will be cancelled should you fail to deposit/transfer the funds within 48hours of placing your order
7.4. for a direct deposit, the deposit must be in cash and in SA Rand only, (no other currency will be accepted)
7.5. No cheque deposits are accepted
7.6. your order number must be used in the reference section of the deposit slip or the electronic transfer, failure to include the order number as a reference may result in delaying the fulfilment of your order
7.7. please email a copy of your deposit slip/transfer to websiteorders@??????.co.za
7.8. your delivery timeframe is dependant and will commence on the time and date of the funds reflecting in CULINARY DIRECT’s account and on condition that your deposit slip has been mailed to websiteorders@??????.co.za
7.9. depending on the bank, some payments may take up to three business days to reflect in our account. In such circumstances there will be a delay in having your order shippe
- EFT Pro:
8.1. On the successful completion of your EFT Pro you will receive an order confirmation email.
8.2. When paying using PayU EFT Pro, the communication between you and your bank occurs as it normally would when you conduct an EFT.
8.3. You will be redirected to the online banking login screen and will be prompted to login with your online banking credentials.
8.4. You will receive a one-time pin which you would need to enter to confirm payment.
8.5. The EFT must be in SA Rands (ZAR) only (no other currency will be accepted.). CULINARY DIRECT cannot be held liable for any delays, cost associated to bank / admin charges and currency fluctuations.
8.6. PayU EFT Pro merely facilitates the transaction between you and your bank. PayU does not store any online banking login details.
8.7. Your delivery timeframe is dependent and will commence from the time and date of the successful EFT Pro confirmation (please refer to our delivery timeframes T&C’s for info).
9.1. Please refer to Masterpass terms and conditions.
9.2. By using Masterpass as an online payment method, you agree to the following terms and conditions:
9.3. Any queries relating to your Masterpass account, statement or else will be directed to Masterpass
9.4. CULINARY DIRECT is in no way obliged to assist, direct or manage any Masterpass concerns, issues or general information requests and no such requests will be entertained
9.5. Masterpass returns and exchanges will be dealt with in the same way as any other product return. Please refer to our Returns Terms and Conditions
9.6. You will not be refunded in cash for any Masterpass transaction. CULINARY DIRECT cannot be held liable for the time it takes for your application to be concluded and is in no way obligated to honor any promotional and or limited stock products should these be sold out after your application is approved.
Important: Please carefully read the Visa Checkout terms of service ("Terms") on www.visa.co.za before using this as a payment method. By registering and creating a VISA CHECKOUT ACCOUNT, you have acknowledged that you understand and agree to all of the terms and have clicked an "I Accept" button OR AN EQUIVALENT INDICATOR with regards to the use of Visa Checkout. Please refer to www.visa.co.za for a full set of VISA CHECKOUT terms and conditions.
By using VISA CHECKOUT as an online payment method, you agree to the following terms and conditions:t
Any queries relating to your VISA CHECKOUT account, statement or unlawful payments will be directed to VISA CHECKOUT and not CULINARY DIRECT
CULINARY DIRECT is in no way obliged to assist, direct or manage any VISA CHECKOUT concerns, issues or general information requests and no such requests will be entertained
returns and exchanges will be dealt with in the same way as any other product return. Please refer to our Returns Terms and Conditions
CULINARY DIRECT cannot be held liable for the time it takes for your OTP that is required for 3D Secure payments, and is in no way obligated to honor any promotional and or limited stock products should these be sold out after your application is approved. For limited stock promotions we recommend that if you are not an existing VISA CHECKOUT user to please select a different payment method