Terms and Conditions
1. INTRODUCTION
Gastronomic Foods (Pty) Limited trading as De Chen (hereinafter referred to as “De Chen”) is company with limited liability, duly registered and incorporated as such in accordance with the laws of the Republic of South Africa, with registration number 2022/578202/07.
The website www.de-chen.com (hereinafter referred to as “the website”) is owned and operated by De Chen, and the website is used to sell nougat and other items to you.
In making use of, and by registering on the website you are agreeing to be bound by De Chen’s terms and conditions of trade (herein after referred to as “terms and conditions”), and confirm that you have read and understand same. Should you not wish to accept all of De Chen’s terms and conditions, you are advised that you should not make use of the website, nor should you purchase any products thereon. In the event that you do not understand any of the provisions of these terms and conditions, you are encouraged to contact De Chen so that same may be explained to you. In the event that you fail to do so, De Chen will not be held liable for the fact that you did not understand same, in the event of you electing to make use of the website, and/or purchase products thereon.
De Chen reserves the right to amend, alter, vary and/or cancel these terms and conditions, which amendment, alteration, variation and/or cancellation will, from time to time, be posted on the home page of the website. It is your responsibility to keep yourself updated in respect of any changes to these terms and conditions.
Special offers and/or promotions may have additional terms and conditions applicable to such offers and/or promotions, which must be read as if specifically incorporated herein.
In the case of any contradiction between these terms and conditions and any content contained in other parts of the website or in links, the terms and conditions contained in this document prevail.
2. REQUIREMENTS TO CONTRACT WITH DE CHEN
In the event that you are below the age of 18 (eighteen), De Chen is not permitted to enter into a contact with you.
You are further only permitted to purchase products on the website for your own personal use, and not for resale.
3. REGISTERING ON THE WEBISTE
You are required to ensure that your details in the opening account form remain up to date it is your responsibility to change any details that have altered since the date you registered on the website.
Upon registering on the website, you will select a password and user name.
You are responsible for ensuring that no third party has access to your account, and/or your username and/or your password.
De Chen will not be liable for any unauthorised activity relating to your account and 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 in respect of any order placed using such username and password, save where the order is cancelled by you in terms of these terms and conditions.
In using this website, you agree to notify De Chen immediately should you suspect or become aware that there is any unauthorised use of or access to your username and/or password, and you further agree to take all reasonable steps to mitigate any loss or harm which may arise therefrom.
4. PURCHASING PRODUCTS
A legally binding contract of sale comes into being between De Chen and you once:
- You place an order on the website or you communicate to us your acceptance of a quotation, whether such quotation is communicated to you by e-mail, verbally, or by way of WhatsApp or other social media; and
- Payment is received by De Chen in respect of the price of the products and the cost of delivery thereof; and
- De Chen has sent you a confirmation of order e-mail.
Until such time as all three of the aforegoing requirements have been met, a contract of sale has not arisen.
De Chen may refuse to accept and/or confirm an order and shall not be obliged to provide you with reasons for such refusal to accept and/or confirm an order.
De Chen may refuse to accept and/or confirm an order in the event that:-
- De Chen suspects that you are under the age of 18;
- De Chen suspects that you intend to resell the products purchased on the website;
- Products on the website are incorrectly priced and/or described;
- The products ordered are unavailable;
- De Chen suspects that you are making use of a username and/or password when you are not authorised to do so;
- De Chen suspects that you are making use of a credit or debit card without authorisation to do so.
This list is not exhaustive, and De Chen may refuse to accept and/or confirm an order for other reasons.
5. OWNERSHIP OF THE PRODUCTS
The products will remain the property of De Chen until such time as payment in respect of such products and the delivery thereof has been made in full.
You are not entitled to sell and/or dispose of the products until such time as payment has been made in full in respect of the price of the products, and the cost of delivery thereof, at which time ownership shall pass to you.
6. INGREDIENTS AND ALLERGEN DISCLAIMER
All product descriptions include a full list of ingredients, and it is your responsibility to read this information carefully before purchasing. We make every effort to ensure the accuracy of product information and ingredient listings, however, we accept no liability for any allergic reactions or adverse effects resulting from the consumption of our products.
We do not guarantee that our products are free from allergens, including but not limited to nuts, dairy, eggs, soy, sesame and gluten, as they are produced in a facility that handles these ingredients.
By placing an order, you acknowledge that you have reviewed the ingredient information and accept the risk of potential allergen exposure, and full responsibility for its consumption.
7. SHELFLIFE, RETURNS AND REPLACEMENTS
All of our products are clearly marked with the sell by and/or use by date to ensure optimal freshness and quality.
We recommend that all products are consumed by the indicated date, for the best taste and texture and that they are consumed within one day of opening the packaging.
Please note that returns are only accepted in the unlikely event that:
- the incorrect products have been delivered;
- the products are passed their sell by date;
- the products are faulty or damaged upon delivery.
In such cases, you are required to contact us within 7 (seven) days of receipt to request a return. To initiate a return request, please e-mail us on info@de-chen.com with your order number, a description of the issue and a photo, if applicable. De Chen will arrange for a courier to collect the products from you, at no charge to you.
Claims after this period will not be eligible for return.
If the problem was caused by reasons other than the delivery of the incorrect products, the products being passed their sell by date, or a quality or damages issue, the original products will be returned to you at your cost.
Please note that De Chen will not entertain any replacements and/or credit in the event that:
- The products were not purchased on the website;
- The products are damaged as a result of negligence or misuse;
- You changed your mind;
- Your personal taste preferences, or dislike of the flavour.
Once the return is received by us and inspected by us, and if we are in agreement that the product is faulty or damaged, the products are passed their sell by date, or the incorrect products were delivered, we will arrange for a replacement of the affected products, or we will provide you with a credit voucher to be used on our website, at our discretion.
8. PRICING
The price of the products are displayed on the website, in South African Rands. At present, De Chen is not a registered VAT vendor, and as such, the price displayed is not subject to VAT. In the event that De Chen becomes VAT registered, then the price displayed on the website will include VAT, calculated at the applicable percentage from time to time. Price displayed exclude delivery costs, which will be quoted separately once you have placed an item/s in your basket.
De Chen reserves the right to amend such prices on the website from time to time.
In the event that De Chen has a special offer and/or promotion, such special offer and/or promotion shall be governed by the terms and conditions applicable to such offer and/or promotion, which shall be displayed on the website. De Chen reserves the right to limit, change or withdraw such special offer and/or promotion at any time.
Whilst De Chen makes every reasonable effort to ensure that all prices displayed on the website are accurate at all times, in the event that an erroneous price is displayed on the website, De Chen shall not be obliged to offer the products to you at the erroneous price. In the event that an erroneous price is displayed, you will be notified of such error, and you will have the option of cancelling your order and receiving a full refund if payment has been effected or accepting the correct price in respect of the products.
You are specifically advised that placing items in your basket does not reserve them, and they may be removed from your basket at any time, should you not proceed to place an order within such time.
9. METHODS OF PAYMENT
You can pay De Chen in respect of products ordered by credit card, debit card, or by way of electronic funds transfer.
10. CREDIT AND DEBIT CARD PAYMENTS
You may pay De Chen in respect of your order by way of any Visa or MasterCard credit or debit card.
Once you place an order with De Chen and enter your card details in order to make payment in respect of such order, the transaction details are presented to the relevant Bank in order to obtain authorisation.
If authorisation is not obtained, the order is cancelled, and the products will be removed from your basket.
If authorisation is obtained, payment is normally instantaneous.
11. FRAUDULENT USE OF CREDIT AND/OR DEBIT CARD
By using the website, and placing an order, you guarantee that you are fully authorised to use the credit card or debit card presented by you for payment of your order.
In the event that De Chen suspects that you are using a credit or debit card fraudulently or without permission to use such card, De Chen has the right to refuse to process payment utilising such card, and/or to cancel any order.
De Chen may further request that you provide it with documentation in respect of any credit and/or debit card to ensure that such card is issued to you, or you have been authorised to use such card.
In the event that your card has been used to place orders with De Chen and such transaction/s were not authorised by you, you are advised to contact your bank in order to address this and not De Chen.
12. ELECTRONIC FUNDS TRANSFERS
In the event that you wish to pay for your order by way of electronic funds transfer, you have a period of 24 (twenty four) hours to do so from the time you place your order, during which time these products will be reserved for you. In the event that you do not make payment within this period of time, the products will be released for sale on the website.
Please ensure that you use your order number as the payment reference when making payment, to ensure that such payment is allocated timeously, and in order that your order may be despatched as soon as possible.
Please note that De Chen will not release any products for delivery until payment reflects in its bank account.
In the event that you make payment from a bank different to that utilised by De Chen, it may take as long as 3 (three) days for the payment to reflect into De Chen’s bank account.
13. INVOICING
An invoice will be sent to you by way of e-mail once your order has been despatched for delivery. De Chen shall only retain records of sales for a period of 36 (thirty six) months.
14. CANCELLING AN ORDER
You may not cancel an order once confirmation of your order has been received by you.
De Chen reserves the right to cancel any order, either partially or completely, in which event it will contact you either telephonically, or by e-mail, to advise you of such cancellation, as soon as reasonably possible.
In the event that De Chen cancels an order, and you have already made payment in respect of such order and the delivery costs thereof, De Chen will reimburse you the price of the products, together with the delivery cost, which refund will be processed within 7 (seven) days of confirmation of the cancellation of your order, which confirmation will be e-mailed to you.
15. DELIVERY
When ordering products on the website, you will be required to select a delivery address and to provide De Chen with a contact number to be used in connection with the delivery of the products.
De Chen will deliver during business hours to the address indicated by you within South Africa. De Chen can only deliver to a home or office address.
Please take note that whilst De Chen makes every effort to ensure that delivery times are adhered to, sometimes circumstances outside of De Chen’s control may delay your delivery, and De Chen shall not be liable to compensate you in the event that the delivery of your products is delayed.
In the event that no-one is present at the specified delivery address at the time of delivery, the courier utilised by De Chen shall leave a note for you in respect of such attempted delivery. The courier shall make a second attempt to deliver the products, and in the event that no-one is present at the specified delivery address upon the second attempt, the courier will return the products to De Chen, and a refund will be processed in respect of the price of such products. You will be contacted in this event, so that you may select the preferred refund method.
Delivery is considered complete as soon as the order is accepted and signed for by you, or a person on your behalf, at the specified delivery address.
In the event that an order is lost whilst out for delivery to you, a replacement order will be sent to you as soon as reasonably possible, and so long as there is stock available. In the event that stock is not available, you will be refunded the cost of the products, and the delivery fee.
16. INDEMNITY
De Chen complies with the Consumer Protection Act 68 of 2008 ("CPA") in respect of the sale of products and with articles 43(5) and 43(6) of the Electronic Communication and Transactions Act in terms of payment systems and security.
De Chen does not warrant that the website is free of errors and/or omissions and/or that the website or server that makes the website available is free of viruses and/or any other harmful components.
De Chen shall not be held responsible for any errors and/or omissions, and/or malfunctions, and/or interrupted service and/or damages sustained as a result of there being a virus on the server which makes the website available.
De Chen, its employees, its officers, its director, its affiliates, its agents, and any of its representatives shall not be held liable for any direct, indirect, special, consequential or other damages that result from the use of, or the inability to use, the website or its content, including damages caused by viruses or any incorrectness or incompleteness of the information on the website, or the performance of the products or otherwise arising out of or in connection with these terms and conditions, even if De Chen has been advised of the possibility of any such damages.
17. COPYRIGHT AND INTELLECTUAL PROPERTY
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 the website (hereinafter referred to as the content”) are protected by law, including but not limited to copyright and trade mark law.
The website content is the property of De Chen and by your use of the website you will not acquire any right, title or interest in or to the website or the content
Any use, distribution or reproduction of the content is prohibited unless permitted law.
18. LINKS TO THIRD PARTIES
On occasion De Chen may post links to thirty party owned and operated websites. De Chen is not responsible and cannot be held liable for the content and activities of these websites. You therefore visit/access these websites entirely at your own risk.
19. USE OF THE WEBSITE
De Chen may deny you access to the website at any time in its sole and absolute discretion. De Chen shall do so in circumstances where it reasonably believes that your use of the website is in breach of any of these terms and conditions and/or applicable laws.
20. LINKS, FRAMING, SPIDERS AND CRAWLERS
No person, business or website may be linked to any page on this site without prior written permission from De Chen.
By using the website, 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 representative of De Chen.
21. DATA PROTECTION
De Chen fully respects the privacy of individuals who access and use the website. Please see our Privacy Policy here which forms part of these terms and conditions.
22. SEVERABILITY
In the event that any of the clauses herein are declared unenforceable, you agree that each offending provision shall be severable from the remainder of these terms and conditions, which shall remain valid and binding between you and De Chen.
23. SUB-CONTRACTING AND ASSIGNMENT
De Chen reserves the right to sub-contract, transfer, assign or novate all or any of its rights and obligations provided that your rights not affected.
You may not sub-contract, assign or otherwise transfer any of your rights or obligations without De Chen’s consent in writing.
24. EVENTS BEYOND REASONABLE CONTROL
De Chen will be not held responsible for any delay or failure to perform or comply with its obligations when the delay or failure arises from any cause which is beyond De Chen’s reasonable control.
25. INDULGENCE
No relaxation or indulgence granted by De Chen to you shall be deemed to be or interpreted as a waiver of any of De Chen’s rights in terms hereof.
26. APPLICABLE LAW AND JURISDICTION
These terms and conditions and the website are subject to the laws of the Republic of South Africa.
Should De Chen be obliged to take legal action to enforce its rights in terms hereof, you agree and consent to the jurisdiction of the Magistrates Court, irrespective of the quantum of the claim involved. Your consent to the Magistrate’s Court jurisdiction does not preclude De Chen from proceeding to enforce its rights in any other court of competent jurisdiction.
In the event of De Chen being forced to take legal action to enforce its rights in terms hereof, then you shall be liable for the De Chen’s costs on the attorney/client scale.
27. CORPORATE INFORMATION
| Company Name | Gastronomic Foods (Pty) Limited t/a De Chen |
| Company Registration Number: | 2022/578202/07 |
| Physical Address for legal notices: | 49 Robin Drive, Fourways, Sandton, Gauteng, RSA, 2191 |
| Telephone Number: | 061 636 8169 |
| E-mail: | info@de-chen.co.za |
| Directors: | Wesley Chen |