Terms and Conditions
Please read these terms and conditions carefully before purchasing any products from our website
1.1 These Terms and Conditions (also referred as “Terms”) govern the use of the website “Legado Coffee Roasters” (i.e. ordering, sale, delivery and returns of goods).
1.2 These Terms and Conditions apply to all users who are consumers for purposes of the South African Consumer Protection Act, 68 of 2008 which aims:
- “to promote a fair, accessible and sustainable marketplace for consumer products and services and for that purpose to establish national norms and standards relating to consumer protection,
- to provide for improved standards of consumer information,
- to prohibit certain unfair marketing and business practices,
- to promote responsible consumer behaviour, and
- to promote a consistent legislative and enforcement framework relating to consumer transactions and agreements”.
1.3 Our Website enables you to shop online for a wide range of electronic goods including GPS devices, headphones, wireless speakers, two-way radios, smart watches, action cameras, dash cameras, body cameras, standalone surveillance cameras, ruggedized laptops/notebooks, drones and much more (“Goods”).
2. Interpretation and Definitions
- The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
- For the purposes of these Terms and Conditions:
- “Affiliate” means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- “Account” means a unique account created for you to access our Service or parts of our Service.
- “Country” refers to: South Africa
- “Company” (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Legado Coffee Roasters
- “Device” means any device that can access the Service such as a computer, a cell phone or a digital tablet.
- “Feedback” means feedback, innovations or suggestions sent by you regarding the attributes, performance or features of our Service.
- “Goods” refers to the items offered for sale by the Service.
- “Orders” means a request by you to purchase Goods from us.
- “Service” refers to the website.
- “Terms and Conditions” means these Terms and Conditions that form the entire agreement between you and the Company regarding the use of the Service.
- “Third-party Social Media Service” means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service. Website refers to Legado Coffee Roasters, accessible from www.legadocoffee.com
- “You” means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
- These are the Terms and Conditions governing the use of this Service and the agreement that operates between you and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
- Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
- By accessing or using the Service you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions then you may not access the Service.
- You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
4. Placing Orders for Goods
- Registering as a user on the website is required, in order to successfully purchase goods.
- By placing an Order for Goods through the Service, you warrant that you are legally capable of entering into binding contracts.
- Registering as a user requires you to provide a unique username and password, certain information, and personal details to Legado Coffee Roasters. In order to purchase goods from the website, your unique username and password will be required.
5. Your Information
- If You wish to place an order for Goods available on the Service, you may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
- By submitting such information, you grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
6. Sales and Availability of Stock
- Registered users may place an order for goods, the approval of which is dependent on Legado Coffee Roasters and the third-party’s satisfaction with correct information relating to the goods (including without limitation the price) and receipt of payment or authorisation of payment by Legado Coffee Roasters for goods. The acceptance of an order is subject to the availability of the ordered goods.
- Legado Coffee Roasters or the Third-party Seller will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and Legado Coffee Roasters or the Third-party Seller come into effect (the “Sale”). This is regardless of any communication from Legado Coffee Roasters stating that your order or payment has been confirmed. Legado Coffee Roasters will indicate the rejection of your order (by Legado Coffee Roasters itself or the Third-party Seller) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
- You reserve the right to cancel your order prior to delivery or collection of the goods, provided a dispatch or delivery notice has not yet been received. Once goods have been received, you may only return the goods if the reason for return is in accordance with the Return Policy.
- Placing Goods in a wish list or shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, goods may be removed from the shopping basket if stock is no longer available, or the price thereof might change without notice to you. You cannot hold Legado Coffee Roasters or the third-party Seller liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
- You acknowledge that stock of all Goods on offer is limited, and that pricing may change at any time without notice to you. In the case of Goods for sale by Legado Coffee Roasters will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. When Goods are no longer available after you have placed an order; Legado Coffee Roasters will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.
- In the case of Goods for sale by a Third-party Seller, Legado Coffee Roasters relies on inventory information supplied by the relevant third-party Seller and Karoo Thermal accordingly bears no liability for any inaccuracies in the information supplied to it. Consequently, should you order any Goods from a third-party Seller which are in fact sold-out, any resulting dispute should be resolved between you and the relevant Third-party Seller, your respective rights and obligations being as set out in these Terms and Conditions.
7. Order Cancellation
7.1 We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
- Goods availability
- Errors in the description or prices for Goods
- Errors in Your Order
7.2 We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
7.3 Orders cannot be cancelled or amended in any way once they have been invoiced, including changes to a delivery address.
8. Your Order Cancellation Rights
8.1 Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Return Policy.
8.2 Our Return Policy forms a part of these Terms and Conditions. Please read our Return Policy to learn more about your right to cancel Your Order.
8.3 Your right to cancel an Order only applies to Goods that are returned in the same condition as you received them. You should also include all of the products instructions, documents and wrappings. Goods that are damaged or not in the same condition as you received them or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in your possession.
8.4 We will reimburse you no later than 14 days from the day on which we receive the returned Goods. We will use the same means of payment as you used for the Order, and you will not incur any fees for such reimbursement.
8.5 You will not have any right to cancel an Order for the supply of any of the following Goods:
- The supply of Goods made to your specifications or clearly personalized.
- The supply of Goods which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry is over.
- The supply of Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
- The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.
- The supply of digital content which is not supplied on a tangible medium if the performance has begun with Your prior express consent and You have acknowledged Your loss of cancellation right.
9. Return of Goods
- Please refer to our Return Policy for more information about returning products (and related refunds, replacements or repairs). Please take note that our Return Policy forms part of these Terms and Conditions.
10. Availability, Errors and Inaccuracies
- We are constantly updating our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information regarding our Goods on the Service and in our advertising on other websites.
- We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
- The Company reserves the right to revise its prices at any time prior to accepting an Order.
- The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, you will have the right to cancel Your Order.
- The stated prices on our website are in South African Rand and are only valid and effective in South Africa.
- We are committed to provide secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
- All goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, EFT or online payment methods (PayPal, for example).
- You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information you supply to us is true, correct and complete.
- Payment cards (credit cards or debit cards) are subject to validation checks and authorisation by your card issuer. If we do not receive the required authorisation, we will not be liable for any delay or non-delivery of Your Order.
13. Special Deals
- From time to time, the company will have promotions, offering discounted prices on certain products that will be valid for a limited time period only. Please note the promotion /discount offer may expire earlier if stock runs out.
- Should you purchase a product that is not part of the promotion, you will be required to pay the full selling price (non-discounted) on the website.
- We will reserve stock for customers in the order in which we receive payment. Therefore if you pay via EFT, you might not get your item because we may only receive payment from you a few days later, and in the meantime the special offer may have been sold out to customers who made immediate payments.
14. User Accounts
- When you create an account with us, you are obliged to provide us with accurate, complete and current information. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on Our Service.
- You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with Our Service or a Third-party Social Media Service.
- You agree not to disclose your password to any third-party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
- You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than yourself without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene.
15. Your Feedback to Us
- You assign all rights, title and interest in any Feedback you provide the Company. If for any reason such assignment is ineffective, you agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
16. Links to Other Websites
- Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
- The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
- We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
- We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms and Conditions.
- Upon termination, your right to use the Service will cease immediately. If you wish to terminate Your Account, you may simply discontinue using the Service and choose the Unsubscribe option in our e-mail to end any marketing communications to your e-mail address.
19. Limitation of Liability
- To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third- party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
20. “AS IS” and “AS AVAILABLE” Disclaimer
- The Service is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
- Without limiting the foregoing, neither the Company nor any of the company’s providers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, Trojan horses, worms, malware, time bombs or other harmful components.
21. Governing Law
- These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
- In the event of any dispute arising between you and Legado Coffee Roasters, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Division, Pretoria) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
- Nothing in this clause or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
22. Disputes Resolution
- If you have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting the Company, stating your concern or dispute clearly in an e-mail addressed to the Company, providing the relevant facts and documentation and/or electronic engagement. Please send your e-mail to: email@example.com
23. Ownership and Copyright
- 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 Legado Coffee Roasters, its advertisers and/or sponsors and/or is licensed to Legado Coffee Roasters
- No right, title or interest in or to the website or its content will be acquired by you.
- Using, distributing, or reproducing the websites content is strictly prohibited in these terms and conditions laid out by the law. Should you wish to procure permissions for the commercial use of any website, you may contact us via our “help” page.
- The website content that has been licensed to Legado Coffee Roasters or belongs to any Third-party, implies your rights of use will also be subject to any terms and conditions which that licensor or Third-party imposes and you consent such Third-party terms and conditions are legally binding.
24. Severability and Waiver
- If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
- Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
25. Changes to these Terms and Conditions
- We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions at any time. If a revision is material we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
- By continuing to access or use Our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
26. Contact Us
- If you have any questions about these Terms and Conditions, you can contact us via email: firstname.lastname@example.org