Terms of Service
TERMS OF SERVICE – FRUITMAN’S PANTRY
TABLE OF CONTENTS
- Introduction
- Definitions
- Business Information (CPA Section 43)
- Use of the Website
- Products and Availability
- Online Purchases (B2C)
- Delivery
- Returns, Refunds & Cancellations
- Wholesale Enquiries
- Intellectual Property
- Privacy and Data Protection
- Limitation of Liability
- Indemnity
- Third-Party Services
- Amendments to Terms
- Governing Law & Dispute Resolution
- Contact Information
1. INTRODUCTION
These Terms of Service (“Terms”) govern your access to and use of the Fruitman’s Pantry website and online store (“Website”), operated by Fruitman’s Pantry (“we”, “us”, or “our”). By accessing or using the Website, you agree to comply with these Terms and our Privacy Policy. Fruitman’s Pantry is a South African company engaged in the manufacturing and direct-to-consumer sale of rusks and related food products. Wholesale orders are handled separately.
2. DEFINITIONS
2.1“User” means any person accessing or using the Website”.
2.2“Consumer” means user purchasing products for personal use in accordance with the Consumer Protection Act 68 of 2008 (“CPA”).
2.3“Wholesale Client” any entity seeking bulk orders outside the Website; governed by separate supply agreements.
3. BUSINESS INFORMATION (Section 3 of the Consumer Protection Act)
3.1 Supplier: Fruitman’s Pantry
3.2 Physical address: Ampere Close, Kya Sands, Johannesburg, Gauteng.
3.3 Email: fruit@vrugtman.co.za
4. USE OF THE WEBSITE
4.1 You may use the website solely for lawful purposes.
4.1.1 You may not: -
4.1.1.1 Interfere with or disrupt the Website or its servers;
4.1.1.2 Attempt to gain unauthorized access to other Users’ accounts or sensitive data;
4.1.1.3 Engage in fraudulent, harmful, or illegal activities; or
4.1.1.4 Copy, reproduce, modify, distribute, or create derivative works from Website content without prior written consent.
5. PRODUCTS AND AVAILABILITY
5.1 All products are subject to availability.
5.2 Product descriptions, images and prices are for informational purposes and may differ from actual products
5.3 We reserve the right to update, discontinue, or withdraw products without notice.
6. ONLINE PURCHASES (B2C)
6.1 Orders are confirmed once payment is received in full.
6.2 Prices displayed include VAT where indicated.
6.3 Product purchased by the website may not be resold.
6.4 By placing an order, you confirm that you are legally capable, and duly authorised, to enter into a binding agreement.
7. DELIVERY
7.1 National delivery is facilitated via Intertown Transport or any other courier company which Fruitman's Pantry elects to utilise.
7.2 Delivery times are estimates and are therefore not guaranteed.
7.3 It is specifically recorded that risk passes to the consumer upon handover to the courier, and accordingly Fruitman's Pantry indemnifies itself from any liability arising from loss or damage.
7.4 Any damaged or lost goods must be reported to Fruitman’s Pantry within forty eight (48) hours.
7.5 The costs associated with the relevant courier are displayed at checkout and are payable by the Consumer.
8. RETURNS, REFUNDS & CANCELLATIONS
8.1 Defective Goods:
8.1.1Materially defective products must be returned within seven (7) days with proof in order to process the refund.
8.2 Change-of-Mind Returns:
8.2.1 Opened food products are not returnable for hygiene reasons. Unopened items may be returned within seven (7) days at the Consumer’s cost.
8.3 Cooling-Off Rights in terms of the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”):
8.3.1 Where applicable under the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”), Consumers may cancel certain online transactions within seven (7) days of delivery.
9. WHOLESALE ENQUIRIES
9.1 Wholesale orders:
9.1.1 are not processed via the Fruitman Pantry’s website;
9.1.2 require a separate written supply agreement;
9.1.3 may require a credit application; and
9.1.4 are not subject to Consumer Protection Act enquiries.
10. INTELLECTUAL PROPERTY
10.1 All Website content, including text, graphics, logos, images, and software, is owned and licensed by Fruitman’s Pantry.
10.2 You may not copy, reproduce, distribute, or create derivative works without written consent.
11. PRIVACY AND DATA PROTECTION
11.1 We comply with the Protection of Personal Information Act 4 of 2013 (“POPIA”).
11.2 Personal information may be processed outside South Africa via Shopify.
11.3 Our Privacy Policy explains how data is collected, used, stored, and shared.
12. LIMITATION OF LIABILITY
12.1 To the fullest extent permitted by law, we are not liable for indirect, incidental, or consequential damages, including but not limited to loss of income, profits, or goodwill; courier delays or failures; misuse of products; or acts or omissions of third-party service providers.
12.2 Liability for defective goods is limited to replacement or refund.
12.2 Liability for defective goods is limited to replacement or refund.
12.3 We are not liable for events beyond our reasonable control, including natural disasters, strikes, or system failures.
13. INDEMNITY
You indemnify Fruitman’s Pantry against all claims, damages, and losses arising from your breach of these Terms, misuse of the Website, or unauthorised resale of consumer products.
14. THIRD-PARTY SERVICES
14.1The Website may integrate third-party services (e.g., Shopify, Intertown Transport).
14.2 We are not responsible for their acts or omissions.
15. AMENDMENTS TO TERMS
15.1 We may, from time to time, update these terms at any time.
15.2 Updates will be posted on the Website, and continued use constitutes acceptance.
16. GOVERNING LAW & DISPUTE RESOLUTION
16.1 These Terms are governed by the laws of the Republic of South Africa.
16.2 Disputes will be resolved in a court of competent jurisdiction in South Africa.
16.3 Parties are encouraged to attempt negotiation or mediation prior to litigation.
17. CONTACT INFORMATION
17.1 Email: fruit@vrugtman.co.za
17.2 Address: Ampere Close, Kya Sand, Johannesburg, Gauteng.