Agreement
Welcome to The Brew Shop (www.brewshop.co.za).The Brew Shop (www.brewshop.co.za) and its affiliates (suppliers and service providers) provide their services to you subject to the conditions detailed in this agreement. By using The Brew Shop (www.brewshop.co.za) website and/or registering to shop on The Brew Shop (www.brewshop.co.za) you confirm that you have familiarized yourself with the terms and conditions governing the conduct of parties accessing or using The Brew Shop (www.brewshop.co.za) website to trade and that you agree to be bound by these terms and conditions.
Should you not agree to the terms and conditions stipulated you may not use The Brew Shop (www.brewshop.co.za) website.
Your access to The Brew Shop (www.brewshop.co.za) website and use of any services provided by The Brew Shop (www.brewshop.co.za) including any purchases made by you from The Brew Shop (www.brewshop.co.za) are subject to terms and conditions established under the following headings.
Terms of Use of The Brew Shop (www.brewshop.co.za) Website
Terms of Trade with The Brew Shop (www.brewshop.co.za)
Privacy and Security Statement
Intellectual Property Statement
Dispute Resolution
Compliance with statutory consumer protection provisions
Contact Information
Terms of Use of The Brew Shop (www.brewshop.co.za) Website
The Brew Shop (www.brewshop.co.za) grants you a limited license to access and make personal use of The Brew Shop (www.brewshop.co.za) website. You are not allowed to modify (other than page caching) the website or any portion thereof without the prior written consent of The Brew Shop (www.brewshop.co.za).
This license does not permit any resale or commercial use of The Brew Shop (www.brewshop.co.za) website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of The Brew Shop (www.brewshop.co.za) website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
The Brew Shop (www.brewshop.co.za) website or any portion of The Brew Shop (www.brewshop.co.za) website, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the prior written consent of The Brew Shop (www.brewshop.co.za).
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of The Brew Shop (www.brewshop.co.za) and our affiliates without prior written consent.
You may not use any meta tags or any other "hidden text" utilizing The Brew Shop (www.brewshop.co.za) name or trademarks without the prior written consent of The Brew Shop (www.brewshop.co.za). Any unauthorized use terminates the permission or license granted by The Brew Shop (www.brewshop.co.za).
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of The Brew Shop (www.brewshop.co.za) website so long as the link does not portray The Brew Shop (www.brewshop.co.za), its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any The Brew Shop (www.brewshop.co.za) logo or other proprietary graphic or trademark, or those of their affiliates, as part of the link without prior written permission of the owner of the graphic or trademark.
The Brew Shop (www.brewshop.co.za) may provide links from The Brew Shop (www.brewshop.co.za) website to other websites which may offer services to you. The Brew Shop (www.brewshop.co.za) is not responsible for evaluating the content or offerings made on these websites. The Brew Shop (www.brewshop.co.za) does not endorse or warrant the offerings of any of the businesses or individuals, nor is it responsible for the content of the websites to which links may be provided, or that of any third party websites, which may be accessed through these linked websites. No liability will be attributed to The Brew Shop (www.brewshop.co.za) for any dealings with any other websites accessed through links provided by The Brew Shop (www.brewshop.co.za) and you are solely responsible for assessing the terms and conditions and privacy provisions of any of these websites.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
The Brew Shop (www.brewshop.co.za) WEBSITE IS PROVIDED BY The Brew Shop (www.brewshop.co.za) ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER The Brew Shop (www.brewshop.co.za), NOR IT”S DIRECTORS, EMPLOYEES, OFFICERS, SUPPLIERS, OR SERVICE PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF The Brew Shop (www.brewshop.co.za) WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF The Brew Shop (www.brewshop.co.za) WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY SOUTH AFRICAN LAW, The Brew Shop (www.brewshop.co.za) ITS DIRECTORS, EMPLOYEES, OFFICERS, SUPPLIERS, OR SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Brew Shop (www.brewshop.co.za) DOES NOT WARRANT THAT The Brew Shop (www.brewshop.co.za) WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM The Brew Shop (www.brewshop.co.za) ARE FREE OF VIRUSES OR OTHER HARMFUL CODE. The Brew Shop (www.brewshop.co.za) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF The Brew Shop (www.brewshop.co.za) WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
IN NO EVENT SHALL The Brew Shop (www.brewshop.co.za), IT’S DIRECTORS, EMPLOYEES, OFFICERS, OR ITS SUPPLIERS OR SERVICE PROVIDERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF The Brew Shop (www.brewshop.co.za) WEBSITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). THE LIABILITY OF The Brew Shop (www.brewshop.co.za), ITS DIRECTORS, EMPLOYEES, OFFICERS, SUPPLIERS, AND SERVICE PROVIDERS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO R5 000.00.
Applicable law
The Brew Shop (www.brewshop.co.za) website and all communications and transactions concluded using the website, are governed by, and you agree to, the application of the laws of the Republic of South Africa. As the website is targeted at South African citizens and residents any limitations on implied warranties or the exclusion or limitation of certain damages which may be applicable under the laws of any other jurisdiction are expressly waived by you, and to the extent that they cannot be waived, you shall not enter into any transactions with The Brew Shop (www.brewshop.co.za).
TERMS OF TRADE WITH The Brew Shop (www.brewshop.co.za)
Invitation to do business
The products or services which appear on The Brew Shop (www.brewshop.co.za) website are displayed as an invitation to do business and to allow you to make an offer to purchase the products or services to The Brew Shop (www.brewshop.co.za). Only when The Brew Shop (www.brewshop.co.za) has accepted your offer and the acceptance is communicated to you, will an enforceable agreement of sale be transacted.
The price of any products or services sold through The Brew Shop (www.brewshop.co.za) shall be confirmed on the acceptance of your order. Despite our best efforts, a small number of the products or services offered on the website may be mis-priced. If we discover a mis-pricing, we will do one of the following:
If the correct price is lower than our stated price, we will charge the lower amount.
If the correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before accepting your order or notify you that the order has not been accepted.
IMPORTANT: If any products or services are supplied and delivered to you directly by, or through, a third party, even though access to the products and services is gained through The Brew Shop (www.brewshop.co.za) website, the supply of these products and services may be subject to conditions which differ from those governing the terms of trade with The Brew Shop (www.brewshop.co.za). You shall be solely responsible for ensuring that you understand and agree to the terms and conditions governing the sale of these products and services. Place and time of agreement
Agreement as to the terms of use of The Brew Shop (www.brewshop.co.za) website shall be deemed to have be accepted by you at the time that you first accessed The Brew Shop (www.brewshop.co.za) website and thereafter confirmed each time that you access The Brew Shop (www.brewshop.co.za) website.
Agreement to use The Brew Shop (www.brewshop.co.za) website and those governing all transactions that may be effected using The Brew Shop (www.brewshop.co.za) website shall be deemed to have taken place in Johannesburg.
All communications with The Brew Shop (www.brewshop.co.za) facilitated by The Brew Shop (www.brewshop.co.za) website, The Brew Shop (www.brewshop.co.za) call center, or email communicated between you and The Brew Shop (www.brewshop.co.za) shall be deemed to have been received, in the case of communications initiated by The Brew Shop (www.brewshop.co.za), when the communication leaves The Brew Shop (www.brewshop.co.za) website or email server, and in the case of communications initiated by you, when it is received on The Brew Shop (www.brewshop.co.za) website or email server. Acceptance by The Brew Shop (www.brewshop.co.za) of an order placed by you shall be deemed to have been made and an agreement entered into, when communication of the acceptance leaves The Brew Shop (www.brewshop.co.za) website or email server.
The Brew Shop can cancel any order at any time
Orders will not be kept for longer than 3 weeks
Backorders
Due to the popularity of some products or services, The Brew Shop (www.brewshop.co.za) may not always have an products or services ordered by you in stock. The Brew Shop (www.brewshop.co.za) will accept orders for out of stock products or services to ensure that you will be the first to receive the item once it becomes available. If the products and services ordered by you is not in available or only a portion is available, you may cancel the order, or re-order the quantity that is available, or place a backorder. Once the products or services become available, it will be shipped to you.
Electronic communications
When you visit The Brew Shop (www.brewshop.co.za) or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. The Brew Shop (www.brewshop.co.za) will communicate with you by e-mail or by posting notices on The Brew Shop (www.brewshop.co.za) website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Further, that your acceptance of any terms or conditions applicable to The Brew Shop (www.brewshop.co.za) website and transactions concluded using The Brew Shop (www.brewshop.co.za) website, as well as your intent to enter into any transaction with The Brew Shop (www.brewshop.co.za), may be evidenced by any action by you from which this may reasonably be inferred.
Registration
Before you may make an offer to purchase any of the products or services provided by The Brew Shop (www.brewshop.co.za) it is necessary that you register as a purchaser. Registration as a purchaser is restricted to individuals who may legally enter into binding and enforceable agreements. No person under the age of 18, or not legally permitted to enter into a binding and enforceable agreement, may register as a purchaser. Any person not permitted to register as a purchaser but who does so, shall be guilty of committing a fraud and The Brew Shop (www.brewshop.co.za) may take whatever legal action it deems necessary to obtain the appropriate relief.
Registration as a purchaser is free and does not obligate you to purchase anything or release information such as credit card numbers or bank account details. In registering as a purchaser you are required to provide The Brew Shop (www.brewshop.co.za) with, complete and accurate information about yourself and you warrant that the information provided is correct.
Upon acceptance of your registration, an email confirmation of your registration as a purchaser will be transmitted to you. Transmission times depend on your Internet Service Provider, but it typically takes less than an hour to receive the email confirmation. If you do not receive the email confirmation, you should contact our call centre, the details of which are contained under Contact information.
Password
Without a valid email address (your user identification) and password, you will not be able to purchase products or services displayed on The Brew Shop (www.brewshop.co.za) website. You are solely responsible for ensuring the confidentiality of your password, which authenticates your identity. You acknowledge this responsibility and agree that any communication or transaction that may be made using your password, shall be attributed to you.
If you suspect that the confidentiality of your password has been compromised you should immediately advise The Brew Shop (www.brewshop.co.za) of this fact by email. The Brew Shop (www.brewshop.co.za) shall on receipt of the email suspend your registration pending your further instructions. You shall remain responsible for all transactions effected prior to the suspension of your registration and liable for any payments that may flow from these transactions. Termination or suspension of registration
If you are in breach of, or The Brew Shop (www.brewshop.co.za) believes that you may breach, any of the terms and conditions governing the use of, or trading using The Brew Shop (www.brewshop.co.za) website, The Brew Shop (www.brewshop.co.za) may, in it’s absolute discretion, either suspend or terminate your registration as a purchaser.
Transaction History
The transaction history may be accessed by a registered customer on The Brew Shop (www.brewshop.co.za) website and is provided for information purposes only. This transaction history will show purchase transactions only and will not reflect refunds or other transactions. For a full and accurate transaction history, The Brew Shop (www.brewshop.co.za) call centre details of which are available on The Brew Shop (www.brewshop.co.za) website. If required the call centre and they will provide you with a faxed copy of your statement. The Brew Shop (www.brewshop.co.za) shall not retain a transaction history for a period in excess of 1 (one) year.
Disclaimer of warranties and limitation of liability and applicable law
The provisions of the Disclaimer of warranties, Limitation of liability and Applicable law relating to the use of the The Brew Shop (www.brewshop.co.za) website apply equally to the remainer of this agreement.
AMENDMENT TO TERMS AND CONDITIONS
The Brew Shop (www.brewshop.co.za) may amend the terms and conditions governing access to The Brew Shop (www.brewshop.co.za) website as well as trade using the website. The Brew Shop (www.brewshop.co.za) shall, prior to the amendments of the terms and conditions, give registered purchasers and any third parties to whom this agreement may apply notice of the amendments by email, or by posting the notice of such amendments on The Brew Shop (www.brewshop.co.za) website. If you do not agree with the amended terms you shall immediately give notice to The Brew Shop (www.brewshop.co.za) of your wish to have your registration terminated. Failure to do so will be deemed to indicate your acceptance of the amended terms and conditions.
PRIVACY AND SECURITY STATEMENT
The Brew Shop (www.brewshop.co.za) knows that you care how your personal information may be collected, processed and used; we appreciate your trust that (Name of website) will do so carefully and sensibly. This notice describes The Brew Shop (www.brewshop.co.za) privacy policy. By visiting The Brew Shop (www.brewshop.co.za), you are accepting the practices described in this Privacy and Security statement.
The information provided by you helps us personalize and continually improve your shopping experience at The Brew Shop (www.brewshop.co.za). Here are the types of information we gather.
Information You Give Us: We receive and store information you enter on The Brew Shop (www.brewshop.co.za) website or that you may provide to The Brew Shop (www.brewshop.co.za) in any other manner. Certain of the information provided on registration is mandatory to assist us in ensuring that the communications and transactions entered into with you may be completed effectively and lawfully.
- Automatic Information: The Brew Shop (www.brewshop.co.za) receives and stores certain types of information whenever you interact on The Brew Shop (www.brewshop.co.za) website or communicate with The Brew Shop (www.brewshop.co.za) by email. For example, like many Web sites, we use "cookies," and we obtain certain types of information when your web browser accesses The Brew Shop (www.brewshop.co.za).
- E-mail Communications: To help us make e-mails more useful, we may receive a confirmation when you open e-mail from (Name of website), if your computer supports such capabilities.
By providing the information to The Brew Shop (www.brewshop.co.za) you consent to The Brew Shop (www.brewshop.co.za) collecting maintaining, storing and processing the information, provided that The Brew Shop (www.brewshop.co.za) shall:
- not disclose your personal information to a third party other than to effect the transactions agreed to in using The Brew Shop (www.brewshop.co.za) website without obtaining your express consent to do so;
- only disclose your personal information, without your consent, if legally required to do so;
- be entitled to use the information provided by you to compile statistical or aggregated information in such a way that you may not be identified.
- The Brew Shop (www.brewshop.co.za) shall own and retain all rights to non-personal statistical information compiled by it.
While The Brew Shop (www.brewshop.co.za) and its affiliates shall take commercially reasonable care to safeguard the information provided by you to The Brew Shop (www.brewshop.co.za) from unauthorized access or disclosure, The Brew Shop (www.brewshop.co.za) does not represent or guarantee that the safeguards will provide absolute protection.
The Brew Shop (www.brewshop.co.za) shall not be obliged to encrypt any information sent to you, received from you or stored on your behalf or for the purposes agreed in this agreement, unless agreed with you to the contrary, in writing.
INTELLECTUAL PROPERTY STATEMENT
Copyright in any information or trade marks displayed anywhere on The Brew Shop (www.brewshop.co.za) website are protected by worldwide copyright laws and treaty provisions. The copyright of these materials is held by The Brew Shop (www.brewshop.co.za), or by the original creator of the materials, or by suppliers and service providers to The Brew Shop (www.brewshop.co.za). None of the materials may be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any form or by any means other than as described by The Brew Shop (www.brewshop.co.za) or with the prior written permission The Brew Shop (www.brewshop.co.za). All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on the (Name of website) website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
DISPUTE RESOLUTION
Any dispute arising out of or in connection with this agreement including any question regarding its existence, validity or termination, shall be settled by the online dispute resolution process in accordance with the TrustEnforce.org Mediation and Arbitration rules, which rules are deemed to be incorporated by reference into this clause and may be accessed at www.trustenforce.org.
For all disputes regardless of where they arise, the place of the arbitration is deemed to be Johannesburg. The arbitration will be governed by this clause governing arbitration and the arbitration laws of South Africa. The dispute will be resolved in accordance with the law of South Africa. The language used during the dispute resolution process will be English.
For the purposes of any arbitration:
you choose the email address chosen by you in registering as a purchaser; and
The Brew Shop (www.brewshop.co.za) chooses thebrewmaster@icon.co.za.co.za
By using The Brew Shop (www.brewshop.co.za) website and accepting the conditions of use of the website and trade conducted using the website you bind yourself to the terms of arbitration provided in this agreement.
COMPLIANCE WITH STATUTORY CONSUMER PROTECTION PROVISIONS
The Brew Shop (www.brewshop.co.za) adheres to the provisions of Chapter VII of the Electronic Communications and Transactions Act 25 of 2002 (“the Act”). Chapter VII of the Act provides protection to consumers and the provisions of the Act relevant to commercial transactions that may be effected on The Brew Shop (www.brewshop.co.za) website, as well as the information required in terms of the Act, are provided for your reference.
Return of products or cancellation of service agreements
The Brew Shop (www.brewshop.co.za) shall, subject to the exclusions provided for below and the provisions relating to any return of products or cancellation of a service agreement, allow the return of products or cancellation of a service agreement, within seven days of the date of receipt by you of the products or the conclusion of an agreement to provide services. Exclusions from return of products or cancellation of service agreements
The provisions of this agreement relating to the return of goods and cancellation of any agreement to provide services shall not apply if:
- any products and services are acquired by auction;
- the supply of products which comprise foodstuffs, beverages, or other goods intended for everyday consumption at the home or workplace of the customer;
- to services which commenced with the customers consent, (either express or implied) prior to the expiry of the seven day period;
- where the price of the products or services depends on fluctuation in financial markets beyond the control of The Brew Shop (www.brewshop.co.za);
- where the products are personalised or made to the customers specifications;
- where the products are perishable or will expire rapidly;
- where the products by reason of their nature cannot be returned;
- if audio, video recordings or any form of computer software are either used or if supplied other than in digital form, if the seal on the storage media is broken;
- the sale of reading material in whatever form;
- the provision of any gaming or lottery services;
- the provision of accommodation, travel, transport, catering or leisure services if The Brew Shop (www.brewshop.co.za) or its agents or suppliers undertake to provide these services on a specific date or within or for a specific period.
Customers obligations on return of products and services
If a customer cancels any transaction in respect of which delivery of the products or services (to the extent that the may be returned) have been delivered, within seven days of the receipt of the products or services, the customer shall return to The Brew Shop (www.brewshop.co.za) or it’s authorised agents, the products, undamaged in any manner, together with all packing materials and documentation delivered by The Brew Shop (www.brewshop.co.za) or its agents, to the customer as well as a written indication of the customers choice to cancel the transaction.
The customer shall refund to The Brew Shop (www.brewshop.co.za) all direct expenses incurred by The Brew Shop (www.brewshop.co.za) or it’s authorised agents, in the delivery of the products and services ordered by the customer, as well as the direct expenses incurred by The Brew Shop (www.brewshop.co.za) or it’s authorised agents in accepting return of the products and cancellation of the provision of services, arising as a result of the return of the products or cancellation of the services ordered by the customer.
The Brew Shop (www.brewshop.co.za)’s obligations on return of the products and services
Within thirty days of return of the products or receipt of notice of cancellation of the agreement to deliver services, The Brew Shop (www.brewshop.co.za) or it’s authorised agents shall refund to the customer any amounts paid by the customer less any amounts due by the customer to The Brew Shop (www.brewshop.co.za) as provided for above.
Disclosures in terms of section 43 of the Act: The following information is made available to you in compliance with Section 43 of the Act.
Full name and legal status of website owner: The Brew Shop (www.brewshop.co.za) is the trading name and is wholly owned by Leon van der Westhuizen.
Description of Services: The Brew Shop (www.brewshop.co.za) provides access to a variety of products and services that may be purchased online all of which are, or will be, described on The Brew Shop (www.brewshop.co.za) website .
Price of goods: Prices are displayed in the website and are subject to The Brew Shop (www.brewshop.co.za) rights in respect of any mis-pricing stipulated in the clause dealing with Invitation to do business above. All prices of products and services displayed on The Brew Shop (www.brewshop.co.za) website does not charge Value Added Tax.
Payment: Payment terms and manner of payment are stipulated in the clause dealing with payment above.
Refunds: The Brew Shop (www.brewshop.co.za) reserves the right to withhold up to 5% of amounts received, to cover transaction and admin charges related to such refunds.
Terms and conditions governing this agreement: The full Terms and Conditions applicable to the access and use of the services provided on The Brew Shop (www.brewshop.co.za) website and any amendments thereto, shall at all times be available on the Website, save to the extent that they may be varied in writing by the parties. These terms may be accessed on this Website, downloaded and stored, or reproduced at any time.
Delivery of products or services: The anticipated time of delivery of any products or services, purchase using The Brew Shop (www.brewshop.co.za) website shall be indicated at the time that any order is accepted by The Brew Shop (www.brewshop.co.za)
Transaction records and history: A full record of transactions effected using The Brew Shop (www.brewshop.co.za) shall be available to the user for a period of 14 days from delivery of the products or services to the purchaser by The Brew Shop (www.brewshop.co.za) or it’s agents. You may access this history as provided for under the clause Transaction History above.
Dispute resolution: The provisions governing Dispute Resolution are stipulated under the clause Dispute Resolution above.
Privacy and Security: The provisions governing Privacy and Security are provided for under the clause Privacy and Security above.
Minimum duration of Agreement: There shall be no minimum duration of agreements entered into between users and registered purchasers to use The Brew Shop (www.brewshop.co.za) website. All agreements shall endure indefinitely subject to either parties rights to terminate the agreement. The termination of the agreement by either party shall be without prejudice to any rights between the parties existing at the time of the termination, which shall endure beyond the date of termination.
The Brew Shop CONTACT INFORMATION thebrewmaster@icon.co.za.co.za Tel: 082 851 0325
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