Terms and Conditions

1.Introduction

These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).

Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions in this agreement, then you may not access the website or use any services.

Your payment serves as acceptance of all our terms and conditions, applicable on this site.

  1. General Conditions

You acknowledge that stock of all Goods on offer is limited. We take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that it is reflected accordingly on the Website. However, we cannot guarantee the availability of stock of goods. When Goods are no longer available after placing an order, we will notify you via email and you will be entitled to a refund of the amount paid by you for such Goods.

Please be advised that parcels are not covered by insurance by The Cocoa Cartel or by the courier service, due to the nature of the goods.

We reserve the right, without prejudice, to reject any order placed with us for any reason at any given time, including without limitation, orders that appear to be placed by unauthorized distributors or resellers.

  1. Shipping and Delivery

While we do our best to ensure your order is delivered in a timely manner, we are not liable for any loss, theft or damage that may occur once your order has left our premises, or by any event that is out of our control including but not limited to any delay by our courier partners, an incorrect delivery address being provided to us or any errors caused by our courier partners. Your payment is deemed as acceptance of all our terms and conditions.

It is the customer’s responsibility to ensure a complete and correct address is supplied, along with a correct contact number. The customer needs to ensure that someone is available to accept the delivery at the corresponding address. We cannot accept responsibility for late or missing deliveries due to insufficient or incorrect information provided, or because there is no-one to accept the delivery. All orders require a signature upon delivery.

Please view our Shipping and Delivery page for more information on delivery and estimated costs.

Your payment confirms acceptance of all our Terms and Conditions.

  1. Payment

Secure online payments are provided by Paygate. Payments can be made via Cheque or Credit and Debit cards, and Instant EFT.

You agree to provide current, complete, and accurate purchase and account information for all purchases made via our website.

  1. Returns & Cancellations

In the unlikely event that you are unhappy with your purchase, please get in touch with us immediately via email (info@thecocoacartel.co.za). The goods will need to be returned to us within 48 hours after you’ve contacted us (this will be at your cost). Upon receipt and evaluation of the goods, we will contact you directly and should a refund/exchange be applicable, you will be notified.

Not being available to receive the goods at the time of delivery does not qualify for a return or exchange. We are unable to re-deliver as it is a freshly made product.

Not receiving goods at a specified/requested time does not qualify for a return or exchange. Please refer to “Shipping and Delivery” in point 3 above.

Cancellation of orders can be done within 96 hours of the dispatch date (4 days before delivery date), please contact us directly via Whatsapp in this regard.

Cancellations will not apply on custom orders i.e (but not limited to) personalised boxes, millionaire bar cakes, individual cookies (wedding and party favours).

  1. Product Availability

All purchases made on our website are subject to product availability. We may, in our sole discretion, limit or cancel the quantities offered on our website or limit the sales of our products to any person. Prices for our products are subject to change, without notice.

  1. Privacy Policy

By using our website, you accept and agree to our Privacy Policy. Your personal information will be used to tell you about our products and process your order, including making payments on our website. Please view our Privacy Policy to learn more about how we collect, use, and share your personal information.

  1. Website Terms of Use

The Cocoa Cartel website is intended to provide general information about our products, including making purchases via our website.

We ensure reasonable efforts are made to accurately reflect the description, availability, purchase price and delivery charges of goods on the website. However, should there be any errors that occur beyond our control, we shall not be liable for any loss, claim or expense relating to a transaction based on any error.

Placing Goods in a shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available. You cannot hold The Cocoa Cartel liable if such Goods are not available when you complete or attempt to complete the purchase cycle at a later stage.

The Cocoa Cartel shall not 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 on the website; or your inability to use the website, and/or unlawful activity on the website and/or any linked third-party website.

The inclusion of any hyperlinks to third party websites does not imply The Cocoa Cartel endorsement or approval of such third parties, their websites, or other activities.

  1. Customer Privacy Policy

The Cocoa Cartel shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from:
http://www.lawsofsouthafrica.up.ac.za/index.php/current-legislation.

  1. Payment options accepted

Payment may be made via Visa and MasterCard.

  1. Card acquiring and security

Card transactions will be acquired for The Cocoa Cartel via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

  1. Customer details separate from card details

Customer details will be stored by  The Cocoa Cartel separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to  www.paygate.co.za

  1. Merchant Outlet country and transaction currency

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).

  1. Country of domicile

This website is governed by the laws of South Africa and The Cocoa Cartel chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature 11 Highfield drive, Westville, Durban.

  1. Variation

The Cocoa Cartel may, in its sole discretion, change this agreement or any part thereof at any time without notice.