Introduction

1.1 This website can be accessed at www.shelfsquad.com, (the “Website”) and is owned and operated by Shelfsquad Pty Ltd. These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.

1.2 These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.

1.3 The Website enables you to shop online for an extensive range of goods.

2. Important Notice

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

2.2 These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –

may limit the risk or liability of Shelfsquad or a third party; and/or

may create risk or liability for the user; and/or

may compel the user to indemnify Shelfsquad or a third party; and/or

serves as an acknowledgement, by the user, of a fact.

2.3 Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.

2.4 If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Shelfsquad to explain it to you before you accept the Terms and Conditions or continue using the Website.

2.5 Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Shelfsquad in terms of the CPA.

2.6 Shelfsquad permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.

3. Returns

3.1 With regards to Cookbox:

3.1.1 We will only accept returns if you can prove that the ingredients have been delivered to you in a faulty condition. If the goods are in a bad condition, then you qualify for a full refund in the form of a coupon that can be used on the Website.

3.2 With regard to other products and goods:

3.2.1 We will give a full refund if you can prove that the item has been damaged during the delivery process.

4. Registration and use of the website

4.1 Only registered users may order Goods on the Website.

4.2 To register as a user, you must provide a unique username and password and provide certain information and personal details to Shelfsquad. You will need to use your unique username and password to access the Website in order to purchase Goods.

4.3 You agree and warrant that your username and password shall:

be used for personal use only; and

not be disclosed by you to any third party.

4.4 For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.

4.5 You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.

4.6 You agree to notify Shelfsquad immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.

4.7 By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.

4.8 You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Shelfsquad representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).

4.9 You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.

4.10 You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Shelfsquad representative.

5. Payment

5.1 We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.

5.2 Payment can be made for Goods via –

-debit card;

-credit card

-direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. Shelfsquad will not accept your order if payment has not been received;

-Instant EFT;

-MasterPass;

-Mobicred.

5.3 You may contact us via our Contact Us section to obtain a full record of your payment. We will also send you email communications about your order and payment.

5.4 Once you have selected your payment method, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.

6. Errors

6.1 We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy. 

6.2 Shelfsquad shall not be bound by any incorrect information regarding our Goods displayed on any third party websites.

7. Privacy policy

7.1 We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.

7.2 Should you decide to register as a user on the Website, we may require you to provide us with personal information which includes but is not limited to –

your name and surname;

your email address;

your physical address;

your gender;

your mobile number; and

your date of birth.

7.3 Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.

7.4 You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.

7.5 Subject to clause 7.6 below, we will not, without your express consent:

use your personal information for any purpose other than as set out below:

in relation to the ordering, sale and delivery of Goods;

to contact you regarding current or new Goods or services or any other goods offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us);

to inform you of new features, special offers and promotional competitions offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us); and

to improve our product selection and your experience on our Website by, for example, monitoring your browsing habits, or tracking your sales on the Website; or

disclose your personal information to any third party other than as set out below:

to our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Goods or when delivering Goods to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;

to our divisions, affiliates and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);

to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these Terms and Conditions;

to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their own benefit;

to our suppliers in order for them to liaise directly with you regarding any faulty Goods you have purchased which requires their involvement.

7.6 We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, Shelfsquad is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.

7.7 We will ensure that all of our employees, divisions, affiliates and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.

7.8 Ratings and Reviews: When you provide a rating or review of a Product, you consent to us using that rating or review as we deem fit, including without limitation on the Website, in newsletters or other marketing material. The name that will appear next to that rating or review is your First Name, as you would have provided upon registration. If you do not agree to this, please do not put any ratings or reviews on the Website. We will not display your Last Name, nor any of your contact details, with a rating or review.

7.9 We will –

treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;

take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;

provide you with access to your personal information to view and/or update personal details;

promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;

provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and

upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.

We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.

7.10 Shelfsquad undertakes never to sell or make your personal information available to any third party other than as provided for in this policy.

7.11 Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.

7.12 If you disclose your personal information to a third party, Shelfsquad SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.

8. Changes to these Terms and Conditions

8.1 Shelfsquad may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.

8.2 Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.

9. Electronic communications

9.1 When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with our privacy policy as set out in clause 7 above.

10. Ownership and copyright

10.1 The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Shelfsquad.

10.2 You will not acquire any right, title or interest in or to the Website or the Website Content.

10.3 Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact us via our About Us page.

10.4 Where any of the Website Content has been licensed to Shelfsquad or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.

11. Disclaimer

11.1 The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.

11.2 Whilst Shelfsquad takes reasonable measures to ensure that the content of the Website is accurate and complete, Shelfsquad makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website.

11.3 Shelfsquad disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.

11.4 Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.

11.5 Any views or statements made or expressed on the Website are not necessarily the views of Shelfsquad, its directors, employees and/or agents.

11.6 In addition to the disclaimers contained elsewhere in these Terms and Conditions, Shelfsquad also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Shelfsquad, its employees, agents or authorised representatives. Shelfsquad thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.

12. Delivery

12.1 Shelfsquad and all it’s affiliates will undertake to contact the end user upon delivery. We will contact the end user a total of 2 attempts within a time period of 15 minutes from the time of arrival at the indicated shipping address. IF the end user fails to respond to the communication attempts within the above mentioned time period, Shelfsquad will undertake to return the product(s) to the dispatch address and the responsibility will fall upon the end user to collect the product(s). Shelfsquad will not be held liable for any added expenses that the end user may incur in order to collect the items.

-With regards to Cookbox; Shelfsquad will not be held responsible for products being spoiled due to the end user not being at the shipping address or due to failure for not collecting the items at the dispatch address. Whilst Shelfsquad packs and ships the Cookbox products in a cooled box, it is the end user’s responsibility to place the Cookbox package in a cool place after he/she has received the package. Shelfsquad will not be held liable for any products that have been spoiled or any harm done to the contents of the package due to the customer’s negligence in storing the package in a cool environment.

Cookbox.

12.4 We are currently only delivering in Centurion and the major suburbs of Pretoria East and Midrand, Gauteng. It is your sole responsibility to ensure that the shipping address on your order is in the previously stated locations. Shelfsquad will not be held responsible or accountable for any damages or losses incurred by the customer due to negligence or incompetence when entering a shipping address.

12.5 All orders placed and paid for, will be delivered according to the delivery schedule.

12.6 Shelfsquad will only deliver from Tuesday- Friday with regards to Cookbox.