Terms & Conditions

 

Introduction

Welcome to www.gen4foods.com (“Website”). This Website is owned and operated by Gen4 Foods (Pty) Ltd (“Gen4 Foods”).

These terms and conditions (“Terms and Conditions”) govern the use of the Website and are binding and enforceable against every person who accesses or uses this Website including without limitation, each person who registers as a user as contemplated below (“User” or “Registered User”). By using the Website and by clicking on the “Register Now” button on the Website, you acknowledge that you have read, accept and that you agree to be bound by these Terms and Conditions.

The Website enables you to shop online for meat and related products (variously referred to as “Goods” and “Products”).

Important Notice

These Terms and Conditions apply to users who are consumers as defined in the Consumer Protection Act, 68 of 2008 (the “CPA”). These Terms and Conditions contain provisions that appear in a similar text and style to the text and style of this clause and which may limit the risk or liability of GEN4 FOODS or a third party; and/or

  • may create risk or liability for the user; and/or
  • may compel the user to indemnify GEN4 FOODS or a third party; and/or
  • serves as an acknowledgement, by the user, of a fact.

Your attention is drawn to both this notice and to these Terms and Conditions because they are important and should be carefully noted.
If there is any part of these Terms and Conditions that you do not understand, it is your responsibility to ask GEN4 FOODS to explain it to you before you accept the Terms and Conditions or continue using the Website.

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 GEN4 FOODS in terms of the CPA.

GEN4 FOODS permits the use of this Website subject to these Terms and Conditions. By using this Website in any way, you shall be deemed to have unconditionally accepted all these Terms and Conditions. You must not use this Website if you do not agree to these Terms and Conditions.
GEN4 FOODS will not process any order until payment has been received in full.

Registration and use of the Website

Only Registered Users may order Goods on the Website.

To register as a User, you must provide a unique username and password and provide certain information and personal details to GEN4 FOODS. You will need to use your unique username and password to access the Website in order to purchase Goods. You agree, undertake and warrant that your username and password shall:

  • be used for personal use only (i.e., not for commercial use); and
  • not be disclosed by you to any third party.

For security reasons, if you do not enter the correct username and password when ordering Goods, you will be denied access to the Website.
You agree that, once the correct username and password linked to your account have been entered, then 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.

You agree to both notify GEN4 FOODS immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take all reasonable steps to mitigate any resultant loss or harm.

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 GEN4 FOODS representative. Note that such consent is deemed given for standard search engine technology employed by internet search websites to direct internet users to this Website.

You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
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 GEN4 FOODS representative.

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 or competent to enter into a binding agreement, then you may use the Website only with the assistance and supervision of your parent or legal guardian. If your parent or legal guardian assists and/or supervises you, he/she is deemed to have given his/her consent to your use of the Website. In that event, he/she agrees to be bound by these Terms and Conditions, to be responsible for your actions whilst accessing the Website and to be liable for your obligations under these Terms and Conditions.

Conclusion of sales and availability of stock

GEN4 FOODS may accept or reject an online order for Goods. GEN4 FOODS’s decision will depend on the availability of Goods, the correctness of the information relating to the Goods (including without limitation, the price) and receipt of payment or of payment authorisation.

GEN4 FOODS will indicate its acceptance of your order by notifying you that you may collect the Goods. It is only at the point of collection that an agreement of sale between you and GEN4 FOODS will have come into effect (the “Sale”). This is regardless of any communication from GEN4 FOODS stating that your order or payment has been confirmed. If GEN4 FOODS rejects your order, it will notify you by cancelling your order after which it will as soon as possible, credit you with any amount already paid by crediting such amount into your profile. Any amount paid in respect of a cancelled order cannot be withdrawn in the form of cash.

Placing Goods in a shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, those Goods may be removed from the shopping basket if the stock is no longer available or the price thereof has changed. GEN4 FOODS is at liberty to change the price of stock without notice to you. If you complete or attempt to complete the purchase cycle at a later stage, you cannot hold GEN4 FOODS liable if such Goods are not available or are not available at the previous price

You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. GEN4 FOODS will take all reasonable steps to monitor stock levels and to ensure that when stock is no longer available, offers for that stock are discontinued on the Website. GEN4 FOODS cannot guarantee the availability of stock. If after placing an order, Goods are no longer available, GEN4 FOODS will notify you (via email or cell phone) and will reimburse you for the purchase price of the Goods, by crediting that amount into your profile after which that credit can be used to make further online orders of Goods from the GEN4 FOODS online store using the Website www.gen4foods.com. The purchase price paid in respect of a cancelled order cannot be withdrawn in the form of cash.

Product Images and Representation

We have made every effort to display the Products on the Website as accurately as possible, including:

  • the images that represent a visual depiction of the Product
  • features and descriptions that pertain to the Product;

The actual Goods delivered may be subject to variations in appearance, as Product packaging may differ over time. When collecting the Goods, it remains your responsibility to ensure, that they are in accordance with your order. Please note that the Product description, stock reference or bar code will always overrule any related images when resolving a dispute about a Product.

Export restriction

The offering on this Website is available only to persons permanently or temporarily resident in South Africa.

Customer Privacy policy

GEN4 FOODS shall take all reasonable steps to protect the personal information (“Personal Information”) of Users. For the purpose of this clause, Personal Information shall be defined as detailed in the Protection of Personal Information Act 4 of 2013, read with the Promotion of Access to Information Act 2 of 2000 (PAIA). See the link to the Privacy Policy

Responsibility

GEN4 FOODS takes responsibility for all aspects relating to any transaction on its Website which is conducted in terms of these Terms and Conditions including sale of Goods, customer service and support, dispute resolution and delivery of Goods.

Country of domicile

This Website is governed by the laws of South Africa and GEN4 FOODS chooses as its domicilium citandi et executandi for all purposes under these Terms and Conditions, whether in respect of court process, notices, or other documents or communication of whatsoever nature, 1 Mahoganyfield Way, Springfield Park, Durban, 4001

Variation

GEN4 FOODS may, in its sole discretion, change these Terms and Conditions or any part thereof at any time without notice.
Company information

This Website is run by Gen4 Foods (Pty) Ltd

Gen4 Foods Contact Details

1 Mahoganyfield Way,
Springfield Park, Durban, 4001
info@gen4foods.com