Chefs Warehouse Online Terms & Conditions

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Terms & Conditions

WEBSITE TERMS AND CONDITIONS (Date of last amendment: 2 November 2011)

The following provisions are drawn to the attention of the user if the Consumer Protection Act 68 of 2008 ("the CPA") applies to any transaction concluded pursuant to these Terms and Conditions (as defined below):

clause 4.3 of these Terms and Conditions contains a provision in terms whereof the user indemnifies Chefs Warehouse, its members, employees, suppliers, partners, affiliates and agents in respect of loss, damage or expense incurred or suffered by Chefs Warehouse, its members, employees, suppliers, partners, affiliates or agents in connection with a breach by the user of such clause. The effect of this is that the user could become liable to compensate Chefs Warehouse, its members, employees, suppliers, partners, affiliates or agents if any such party becomes liable pursuant to a breach by the user of the provisions of this clause;
clause 8.6 of these Terms and Conditions contains a provision in terms whereof Chefs Warehouse, its members, employees, suppliers, partners, affiliates and agents exclude liability for any damage or loss occasioned subsequent to delivery of the goods to the user, or in any delay in the performance of the services, as a result of a breach by the user of such clause. The effect of this is that the user may have limited or no recourse against Chefs Warehouse, its members, employees, suppliers, partners, affiliates and agents in the circumstances referred to therein;
clause 15.2 of these Terms and Conditions contains a provision in terms whereof Chefs Warehouse, its members, employees, suppliers, partners, affiliates and agents exclude liability for any error or inaccuracy appearing in any advertising or sponsorship material on this Website. The effect of this is that the user may have limited or no recourse against Chefs Warehouse or members, employees, suppliers, partners, affiliates and agents in the circumstances referred to therein;
clause 16.3 of these Terms and Conditions contains a provision in terms whereof, to the maximum extent permitted in law, Chefs Warehouse, its members, employees, suppliers, partners, affiliates and agents, accept no liability whatsoever for any loss, whether direct or indirect, consequential or arising from information made available on (or by means of) the Website (or any of the pages therein contained) and/or transactions or actions resulting therefrom. The effect of this is that the user may have limited or no recourse against Chefs Warehouse, its members, employees, suppliers, partners, affiliates and agents in the circumstances referred to therein;
clause 16.4 of these Terms and Conditions contains a provision in terms whereof, to the maximum extent permitted in law, Chefs Warehouse, its members, employees, suppliers, partners, affiliates and agents, accept no liability whatsoever for any costs, expenses, fines or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the access to, or use of, this Website in any manner. The effect of this is that the user may have limited or no recourse against Chefs Warehouse, its members, employees, suppliers, partners, affiliates and agents in the circumstances referred to therein;
clause 16.5 of these Terms and Conditions contains a provision in terms whereof, to the maximum extent permitted in law, Chefs Warehouse, its members, employees, suppliers, partners, affiliates and agents accept no liability whatsoever for any direct or indirect loss or damage arising from the use of third party websites, contents and/or features. The effect of this is that the user may have limited or no recourse against Chefs Warehouse, its members, employees, suppliers, partners, affiliates and agents in the circumstances referred to therein;
clause 16.6 of these Terms and Conditions contains a provision in terms whereof, to the maximum extent permitted in law, Chefs Warehouse, it members, agents and employees accept no liability for the quality of any products of third parties delivered, or for any typographical errors in the descriptions of any of the products of such third parties. The effect of this is that the user may have limited or no recourse against Chefs Warehouse, its members, employees and agents in the circumstances referred to therein;
clause 17.1 of these Terms and Conditions contains a provision in terms whereof the user indemnifies and holds harmless Chefs Warehouse, members, employees, servants, subcontractors, partners, subsidiaries and affiliates from any demand, action or application or other proceedings, including for attorneys fees and related costs such as tracing fees, made by any third party and arising out of or in connection with the user’s use of this website, third party websites or any of the products and/or services offered or ordered through such sites in any way. The effect of this is that the user could become liable to compensate Chefs Warehouse if it becomes liable pursuant to the provisions of this clause;
clause 17.2 of these Terms and Conditions contains a provision in terms whereof the user indemnifies and holds Chefs Warehouse harmless from any direct or indirect liability, loss, claim or expense (including reasonable legal fees) related to the user’s breach of these Terms and Conditions. The effect of this is that the user could become liable to compensate Chefs Warehouse if it becomes liable pursuant to the provisions of this clause;
clause 17.3.1 of these Terms and Conditions contain a provision in terms whereof the user indemnifies Chefs Warehouse and holds it harmless from any direct or indirect loss, damage, expense or liability suffered by the user by virtue of the user not adhering to, or using the products contrary to, any specific advice or instructions provided by Chefs Warehouse to the user in relation to the products. The effect of this is that the user may have limited or no recourse against Chefs Warehouse in the circumstances referred to therein;
clause 17.3.2 of these Terms and Conditions contain a provision in terms whereof the user indemnifies Chefs Warehouse in respect of any claim against Chefs Warehouse by any third party under section 61 of the CPA, by virtue of such third party not adhering to, or using the products contrary to, any specific advice or instructions provided by Chefs Warehouse to the user in relation to the products. The effect of this is that the user could become liable to compensate Chefs Warehouse if it becomes liable to any such third party in the circumstances referred to therein;
clause 20.10 of these Terms and Conditions contain a provision in terms whereof, in the event of the user failing to pay any amount timeously or breaching the terms of these Terms and Conditions, the user assumes liability for any legal costs (on the scale as between attorney and own client) (including collection commission) which may be incurred by Chefs Warehouse arising therefrom. The effect of this is that the user could become liable to compensate Chefs Warehouse if it becomes liable pursuant to the provisions of this clause.

This website, including all content herein contained ("the Website"), is owned and operated by Chefs Warehouse and Cookery School CC ("Chefs Warehouse"). Your access and/or use of this Website constitutes your agreement to be bound by the terms and conditions set out hereunder ("the Terms and Conditions"). All rights in and to the content of this Website remain at all times expressly reserved by Chefs Warehouse.
The terms "user", "you" and "your" are used interchangeably in these Terms and Conditions and refer to all persons accessing this Website for any reason whatsoever.
Supplier information and required disclosures under section 43 of the Electronic Communications and Transactions Act 25 of 2002 (as amended) ("the ECT Act")
1. The full name and legal status of the supplier is Chefs Warehouse and Cookery School CC (Registration Number: 2005/180238/23), a close corporation duly incorporated in accordance with the laws of the Republic of South Africa ("RSA"), whose full and further details appear hereunder:
  Member: William Patrick Tomlin;
  
  Tel. : +27 21 422 01 28;
  
  E-mail: info@chefswarehouse.co.za;
  
  Website: www.chefswarehouseonline.co.za;
  
  Physical Address : 50 New Church Street, Cape Town, 8001.
2. The Website is intended to facilitate the purchase by users of the various chef, cookery and kitchen related products offered for sale hereon ("the products") and to facilitate the booking of cookery classes and the hiring of Chefs Warehouse’s premises for functions ("the services").
3. Records of transactions: The products and/or services ordered by users in terms hereof are confirmed by a statement displayed online immediately after the Offer (as defined below) is submitted and can be copied and pasted or printed. The record of any transaction can be accessed by viewing your order status utilizing the "My Account" function on the Website, which record is available for a period of 12 (Twelve) months from date of the transaction.
4. The manner in which orders may be placed and payment effected is more fully dealt below.
Registration process and password security
1. Before a user can place any order(s) for products and/or services from or through this Website, they are required to go through the full registration process – which process is completed once a confirmatory e-mail is sent to the user in the manner contemplated in clause below.
2. Please note that only persons aged 18 (Eighteen) years or older may register on, and access and/or utilize, this Website. Should you be under the age of 18 (Eighteen) years of age, kindly ensure that you do not access and/or utilize same.
3. Users are solely responsible for the correctness and completeness of information supplied during the registration process and for ensuring that such information is up to date. The user warrants and undertakes that the information supplied during the registration process is true, accurate and correct and, to the extent that Chefs Warehouse, its members, employees, suppliers, partners, affiliates and/or agents rely upon the warranty and undertaking contained herein, the user indemnifies Chefs Warehouse, its members, employees, suppliers, partners, affiliates and agents in respect of loss, damage or expense incurred or suffered by any such party in connection with a breach thereof.
4. Once you have completed the registration process, Chefs Warehouse will send a confirmatory e-mail to the e-mail address provided by you, confirming that you have successfully registered on the Website and that you have agreed to these Terms and Conditions.
5. Users are solely responsible for the creation and safekeeping of their user name and password and will be responsible for all orders or other activities placed or performed while a user is logged into the Website under that user name and password.
6. Any auto-login functionality provided by the Website browser utilized by any user is used at the sole risk of the user and should not be enabled on any shared computers.
7. Chefs Warehouse reserves the right to request that a user change a password where there is reason to believe that there has been or is likely to be a misuse of information or breach of security.
Order Process
1. Users should regard nothing contained in this Website as an offer by Chefs Warehouse to sell any products and/or services to the user, but rather as an invitation for such user to do business with Chefs Warehouse.
2. Any order placed by a user through this Website constitutes an offer by the user to purchase the particular products and/or services contemplated in such order from Chefs Warehouse through the Website ("the Offer"). Offers for products and/or services may be submitted by a user via the Website at any time after successful completion by the user of the registration process referred to in paragraph above.
3. When making an Offer, users will be required to select the products and/or services which they wish to purchase and to complete the entire checkout process with respect thereto ("the Checkout Process").
4. A binding agreement between Chefs Warehouse and the user in respect of any Offer will only be entered into at the stage at which Chefs Warehouse receives the Offer and confirms its acceptance thereof to the user ("the Order"). Chefs Warehouse reserves the right to refuse to accept any Offer.
5. Orders will be processed within 7 (Seven) days of acceptance of the Offer by Chefs Warehouse, and in the manner contemplated further herein and shall be executed (as contemplated further in section 46(1) of the ECT Act):
  1. in respect of products, within 60 (Sixty) days after the day on which Chefs Warehouse accepts the Offer; and
  2. in respect of any services, on the day(s) on which Chef’s Warehouse has agreed to perform such services, as specified in the Order as confirmed by Chefs Warehouse (as contemplated further in clause above),
    
    ("the Order Execution Period"), subject to the provisions of clause below.
Pricing of products and/or services
1. All prices are in Rand values and are exclusive of VAT and, in the case of products, delivery charges, unless otherwise stated.
2. The price payable for the products and/or services shall be:
  1. the amount reflected on the Website in respect of an Order during the Checkout Process; and
  2. any delivery fees (if any); and
  3. other additional costs or delivery charges occasioned by the Order.
3. All payments in respect an Order shall be effected, without deduction or set-off, and in cleared funds, prior to the delivery of the products or the performance of the services (as the case may be).
4. Pricing of products and services is subject to change. For the avoidance of any doubt, the price that the user shall pay in respect of any Order shall be the price reflected on the Website in respect of the Order during the Checkout Process. Users are always able to check pricing telephonically at the telephone number referred to in clause above.
Payment
1. All amounts payable by the user to Chefs Warehouse in respect of any Order shall be settled in full, without deductions or set off, in either cash, or Ukash or Payfast vouchers, or by electronic funds transfer into a bank account nominated by Chefs Warehouse to the user, or using any major credit cards accepted by Chefs Warehouse at the time of placing the Order (which credit cards are currently MasterCard and Visa).
2. Credit card transactions are acquired and processed through the Payfast payment gateway using industry standard SSL. Payfast uses the form of encryption known as Secure Socket Layer 3 (SSL3) to ensure that all credit card details are sent encrypted to its merchant server. SSL encrypts information to prevent anyone to read such information while it is in transit. For more information on Payfast, and to view their security certificate and security policy, please visit http://www.payfast.co.za.
3. This Website does not store any user credit card information. At no stage is credit card information stored together with user personal information
Delivery of products and performance of services
1. No products shall be delivered, or services performed, in respect of any Order until payment in full in respect of such Order has been received and, in the case of payments other than in cash, verified by Chefs Warehouse. .
2. It is recorded and agreed between the parties that in the event that payment in full in respect of any Order is not received by Chefs Warehouse at the time at which the Order is placed by the user ("the Order Date"), then the Order Execution Period shall be deemed to be extended by an amount of time equal to the period between the Order Date and the date on which payment in full in respect of such Order has been received and, in the case of payments other than in cash, verified by Chefs Warehouse.
3. As part of the Checkout Process, users shall select the method of delivery they require Chefs Warehouse to utilize to deliver the product(s) to the user; provided that, in the event that a user elects to have the product(s) delivered via a courier service and the delivery address provided by the user is situated outside the courier’s normal routes, or is within a region not covered by the courier, then Chefs Warehouse will cause the product(s) to be delivered to the user via registered post and the user shall, notwithstanding any selection to the contrary made by the user in the Checkout Process, be deemed to have selected that the product(s) be delivered via registered post.
4. Delivery charges are subject to change. For the avoidance of any doubt the delivery charge that the user shall pay in respect of any Order shall be the delivery charge as reflected on the Website in respect of the Order during the Checkout Process.
5. Any services to be performed by Chefs Warehouse for the user pursuant to an Order shall be performed in the manner specified in the Order, as read with these Terms and Conditions.
6. It is the sole responsibility of the user to ensure that suitable arrangements are made to take delivery of the products (including to ensure that a responsible party is available to take such delivery), or to accept performance of the services. Neither Chefs Warehouse, nor its members, employees, suppliers, partners, affiliates or agents will be liable for any damage or loss occasioned subsequent to delivery of the goods to the user, or in any delay in the performance of the services, as a result of a breach by the user of this provision of the Terms and Conditions.
7. Ownership of the products shall only pass from Chefs Warehouse to the user after the user has effected payment of the purchase price in full to Chefs Warehouse and such products have been delivered to the user.
8. Risk and benefit in the products will pass to the user on delivery of the products by Chefs Warehouse to the courier service provider or to the post office (as the case may be) for on-delivery of such products to the user. The aforegoing is subject to any provision in the CPA that provides for a particular party to bear the risk in the products at any particular time, to the extent that the CPA applies to the transaction in question with the user.
Return, exchange, cancellation and refund policies
1. Once your Offer has been accepted, same will not be capable of being cancelled and you will be held liable for the full value of the Order; provided that if:
  1. section 17 of the CPA applies to your Order, then you shall be entitled to cancel such Order, subject to Chefs Warehouse’s right to impose a reasonable charge for the cancellation thereof, in accordance with the provisions of section 17 of the CPA; and/or
  2. section 44 of the ECT Act applies to your Order, then you shall be entitled to cancel the portion of your Order in relation to;
    1. any products to be purchased from Chefs Warehouse, within 7 (Seven) days after the date of the receipt of the products; and/or
    2. any services to be purchased from Chefs Warehouse, within 7 (Seven) days after the date of the conclusion of the Order.
2. In the event that the user exercises its rights in terms of:
  1. clause above, the only charge that may be levied on the user by Chefs Warehouse is the direct cost of returning the products;
  2. clause above, then the user must cease to use the services and Chefs Warehouse’s shall be entitled to impose a charge for the cancellation thereof, subject to the provisions of clause above, if applicable;
  3. clause above and, if payment for the products and/or services has been effected by the user prior to it exercising its right referred to therein, then the user is entitled to a full refund of such payment, which refund must be made within 30 (Thirty) days of the date of cancellation.
3. Products may not be returned by the user:
  1. unless defective, in which event Chefs Warehouse shall, at its election, replace the product, alternatively, repay the price or credit the same to the user’s account; provided that if the CPA does not apply to the transaction with the user, then the user shall only be entitled to return such defective product within 7 (Seven) days of delivery of such product to the user; or
  2. unless otherwise permitted by law,
    
    subject to, if the CPA applies to the transaction with the user, the peremptory provisions of sections 56(2) and (3) of the CPA.
4. Products and services may not be exchanged once your Offer has been accepted by Chefs Warehouse.
5. While Chefs Warehouse will use its reasonable endeavors to fill any Order, the fulfillment of any and all Orders is subject to availability of the products and/or services from Chefs Warehouse or the particular supplier thereof (as the case may be) and is furthermore subject to any factors beyond Chefs Warehouse’s control which may either wholly or partially prevent it from fulfilling such Order(s). Chefs Warehouse will communicate any such difficulty to you and will remove any unavailable product and/or service from your Order and ensure that you are not charged for it or alternatively, if you have already been charged for such product and/or service, will endeavor to agree with you on a suitable substitute product and/or service or, if no suitable substitute product and/or service can be agreed to between Chefs Warehouse and yourself within 5 (Five) days, will credit you in respect of the monies paid therefor.
Intellectual property protection
1. All trade marks, copyright, database rights and other intellectual property rights in the materials on this Website (as well as the organisation and layout of this Website) together with the underlying software code ("the intellectual property") are owned (or co-owned, as the case may be) by Chefs Warehouse, its members, associates and/or partners, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights afforded to the user herein, all other rights to all intellectual property on this Website are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell or transfer any intellectual property, editorial content, graphics or other material on this Website or the underlying software code whether in whole or in part, without the written consent of Chefs Warehouse first being had and obtained, which consent may be refused at the discretion of Chefs Warehouse. Permission to use the intellectual property and/or editorial content of and/or graphics on this Website may be granted on a case by case basis and/or in regard to Chefs Warehouse’s corporate policies from time to time. No modification of any intellectual property or editorial content or graphics is permitted. Any enquiries in this regard must be directed to Chefs Warehouse at info@chefswarehouse.co.za.
2. Chefs Warehouse grants to users a personal, non-exclusive, non-assignable and non-transferable license to use, print and display all content and information contained in this Website on any machine of which the user is the primary user for non-commercial purposes only. Save as aforesaid, nothing contained on this Website should be construed as granting any licence or right to use any intellectual property without the prior written permission of Chefs Warehouse.
3. You may only use this Website in accordance with these Terms and Conditions and, in any event, for lawful and proper purposes which includes complying with all applicable laws, regulations and codes of practice within the RSA or other jurisdiction from which you are accessing this Website.
4. In particular, you agree that you will not:
  1. post, transmit or disseminate any information on or via this Website which is or may be harmful, obscene, defamatory or otherwise illegal;
  2. use this Website in a manner which causes or may cause an infringement of the rights of any other;
  3. use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of this Website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means;
  4. deface, alter or interfere with the front end ‘look and feel’ of this Website or the underlying software code.
5. Without prejudice to any of Chef Warehouse’s other rights (whether at law or otherwise), Chefs Warehouse reserves the right to deny you access to this Website where Chefs Warehouse believes (in its reasonable discretion) that you are in breach of any of these Terms and Conditions.
6. Chefs Warehouse reserves the right to make improvements or changes to the intellectual property, information, artwork, graphics and other materials on this Website, or to suspend or terminate this Website, at any time without notice; provided that any Orders already placed through this Website will not be effected by such suspension or termination (as the case may be).
Receipt and transmission of data messages
1. Data messages, including e-mail messages, sent by users to Chefs Warehouse shall be deemed to be received only when acknowledged or responded to.
2. Data messages sent by Chefs Warehouse to users shall be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.
3. Chefs Warehouse reserves the right not to respond to any e-mail or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take the appropriate action against the sender of such e-mail where necessary.
4. Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost or corrupted. Chefs Warehouse is therefore not responsible for accuracy of any message sent by email over the internet – whether from Chefs Warehouse to you or from you to Chefs Warehouse.
Personal Information
1. We collect, collate, process, export and use the following types of information about you when you use this Website:
  1. information provided by you. We collect personal information (that is information about you that is personally identifiable like your name, address, age, gender, e-mail address, phone number(s) and other unique information such as user IDs and passwords, billing and transaction information, product and service preferences and contact preferences that are not otherwise publicly available), we verify your name and email address, when you complete the registration process; and
  2. information that is collected automatically. Chefs Warehouse receives and stores information which is transmitted automatically from your computer when you browse the internet. This information includes information from cookies (which are described in clause below), your Internet Protocol ("IP") address, browser type, web beacons, embedded web links, and other commonly used information-gathering tools. These tools collect certain standard information that your browser sends to the Website such as your browser type and language, access times, and the address of the website from which you arrived at the Website. Your IP address is the unique address of your computer which is automatically provided to other computers when your web browser or email application requests a web page or email from those computers on the internet. Chefs Warehouse may also use some of these automatic data collection tools in connection with certain emails sent from Chefs Warehouse and therefore may collect information using these tools when you open the email or click on a link contained in the email.
2. Cookies are a common internet technology. Many web sites use cookies to provide useful features for their users. Cookies are files that are written or downloaded to your computer’s hard drive when you access a site. They may allow us to store and quickly retrieve login information on your computer and provide data that we can use to improve the quality of our service. Certain internet browsers may be initially set up to accept cookies. If you prefer, you can set your browser to refuse cookies, although you may not be able to take full advantage of the Website if you do so.
3. Chefs Warehouse may link information stored in cookies such as your age, gender and country with your personally identifiable information and we may use such information to gather statistics about the number of people who visit the Website and to customize our content, layout and services for delivery to you.
4. Our advertising partners may set and access cookies or use other technologies such as web beacons (which are electronic files that allow a web site to count users who have visited that page or to access certain cookies) in order to personalise advertising content. Use by these advertising partners of their own cookies and any other tracking technologies are subject to their privacy policies. Chefs Warehouse uses its reasonable efforts to ensure that its advertising partners are operating privacy policies that are in accordance with our own privacy standards as set out in herein.
5. Use and Disclosure of information
  1. Chefs Warehouse may use your information to, amongst other things:
    1. assist you in completing a transaction or Order;
    2. communicate with you about products and/or services;
    3. provide service and support;
    4. update you on new products, services and benefits;
    5. provide personalized promotional offers;
    6. select content to be communicated to you;
    7. allow you to participate in contests and surveys;
    8. contact you for market research regarding products or services;
  2. In addition, Chef’s Warehouse may use information about your product and/or service interests and purchases to help us improve the Website design;
  3. Chefs Warehouse may display your personal information contained in your profile;
  4. Chefs Warehouse will use your email address to contact you from time to time and may also use it for security reasons to confirm that you are who you say you are;
  5. Chefs Warehouse may use the information collected automatically, such as your IP address and information stored via cookies, to gather statistics about the number of people who visit the Chefs Warehouse website and to customise our website content, layout and services. We may share this information with third parties to help us improve and better serve our users;
  6. advertisements may be delivered to you by our advertising partners. Chefs Warehouse may however transfer information about your use of the Website website, such as your IP address and information stored via cookies, to our advertising partners and other third parties. This information may be used to provide advertising, promotions and other products and services that may be of particular interest to you;
  7. Chefs Warehouse’s advertising and promotions partners have no access to your name or personal contact information stored by us unless you choose to share it with them. We will not provide your name or personal contact information to an advertising partner when you interact with or view a targeted advertisement;
  8. Chefs Warehouse may provide your personally identifiable information and the data generated by cookies and the aggregate information to the vendors, service providers and service agencies that we may engage to assist us in providing our products and services to you. Such vendors and service agencies will be obligated to use your personally identifiable information solely to provide the products and/or services to us;
  9. Chefs Warehouse will disclose your personally identifiable information if we reasonably believe we are required to do so by law, regulation or other government authority or to protect the rights and property of Chefs Warehouse, its affiliates or the public. Chefs Warehouse may also co-operate with law enforcement in any official investigation and we may disclose your personally identifiable information to the relevant agency or authority in doing so;
  10. Chefs Warehouse reserves the right to transfer your personal information in the event of a transfer of ownership, such as acquisition by, or merger with, another entity. If any acquiring entity should plan to materially change this privacy policy, we will notify you beforehand.
  11. Circumstances may arise where, whether for strategic or other business reasons, Chefs Warehouse decides to sell, buy, merge or otherwise reorganize its business. Such a transaction may involve the disclosure of personal information to prospective or actual purchasers, or the receipt of it from sellers. It is Chefs Warehouse’s practice to seek reasonable protection for information in these types of transactions.
6. Access to and accuracy of your information
  1. Chefs Warehouse strives to keep your personal information accurately recorded. We have implemented technology, management processes and policies to help maintain data accuracy. Chefs Warehouse provides individuals with the reasonable ability to review and correct it or ask for anonymization, blockage, or deletion, as applicable.
  2. To protect your privacy and security, we will also take reasonable steps to verify your identity, such as requiring a password and user ID, before granting access to your data. To view and change the personal information that you directly provided to Chefs Warehouse you can utilize the "Account Information" function on the Website.
  3. You are entitled to request access to any relevant personal data held by the Chefs Warehouse as laid out in the Promotion of Access to Information Act 2 of 2000 ("PAIA") and where such access is necessary for you to exercise and/or protect any of your rights. Detailed information on PAIA and the procedure to follow in making a request for access to relevant personal data is available in the Chefs Warehouse’s Promotion of Access to Information Manual.
Monitoring and interception of data messages
Hyperlinks, deep links & framing
1. This Website may include links to other internet sites ("the other sites"). Chefs Warehouse does not endorse the other sites and is not responsible for the information, material, products or services contained on or accessible through those other sites. Any such hyperlinks do not imply any endorsement, agreement on or support of the content, products and/or services of such target sites.
2. Your access and use of the other sites remains solely at your own risk.
3. Hyperlinks to the Website from any other source shall be directed at the home page of this Website and shall not portray Chefs Warehouse or its members, associates, partners or their products and/or services in a false, misleading, derogatory, or otherwise offensive matter. Links beyond the home page of this Website may only be used with Chef Warehouse’s prior written consent. It is expressly prohibited for any person, business, entity, or website to frame any page on this Website, including the home page, in any way whatsoever, without the prior written approval of Chefs Warehouse.
Advertising and sponsorship
1. This Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in this website complies with all applicable laws and regulations, including, for the avoidance of any doubt, the CPA.
2. Chefs Warehouse, its members, employees, suppliers, partners, affiliates and agents accordingly exclude, to the maximum extent permitted in law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.
Disclaimers
1. This entire Website, including any intellectual property appearing hereon, is provided "as is" and "as available". Chefs Warehouse makes no representations or warranties, express or implied, including but not limited to warranties as to the accuracy, correctness or suitability of either the Website or the information contained in it.
2. All information supplied by product suppliers and any opinions expressed by any product supplier, member, employee, agent or service provider of Chefs Warehouse in relation to any of the products and/or services are those of the authors and not Chefs Warehouse. While Chefs Warehouse makes every reasonable effort to present such information accurately and reliably on the Website, Chefs Warehouse, to the maximum extent permitted in law, does not endorse, approve or certify such information, does not guarantee the accuracy, completeness, efficacy or timeliness of such information nor does it warrant in any way that the suitability or competency of the suppliers listed on the Website.
3. To the maximum extent permitted in law, Chefs Warehouse, its members, employees, suppliers, partners, affiliates and agents, accept no liability whatsoever for any loss, whether direct or indirect, consequential or arising from information made available on (or by means of) the Website (or any of the pages therein contained) and/or transactions or actions resulting therefrom.
4. To the maximum extent permitted in law, Chefs Warehouse, its members, employees, suppliers, partners, affiliates and agents, accept no liability whatsoever for any costs, expenses, fines or damages, including but not limited to direct or indirect loss or damages, including any economic loss, consequential loss, loss of profits or any form of punitive damages, resulting from the access to, or use of, this Website in any manner.
5. Chefs Warehouse has no control over third party content and features which can be accessed through the use of this Website and does not examine or edit such content and features or act as an agent for third parties accessible through this Website. As such and to the maximum extent permitted in law, Chefs Warehouse, its members, employees, suppliers, partners, affiliates and agents shall not be liable whatsoever for any direct or indirect loss or damage arising from the use of third party websites, contents and/or features.
6. The user acknowledges that, in addition to selling its own products, Chefs Warehouse sell products on the Website obtained from third parties. Accordingly and to the maximum extent permitted in law, Chefs Warehouse, it members, agents and employees shall not be liable for the quality of any products delivered or for any typographical errors in the descriptions of any of the products of such third parties.
7. Chefs Warehouse does not warrant or represent that your access to the Website will be uninterrupted or error free or that any information, data, content, software or other material accessible through this Website will be free of bugs, viruses, worms, trojan horses or other harmful components. Your access to and use of this Website remains solely at your own risk.
8. It is the sole responsibility of the user to determine whether the goods ordered by the user are suitable for purpose for which the user intends using them.
9. Chefs Warehouse gives no warranty, express or implied, in respect of any goods (including warranties as to the fitness for purpose, quality, condition, service-ability or otherwise of the goods) other than those expressly contained in these Terms and Conditions (if any) or, to the extent the CPA applies to the Order, which are imposed by the CPA.
Indemnities
1. The user indemnifies and holds harmless Chefs Warehouse, members, employees, servants, subcontractors, partners, subsidiaries and affiliates from any demand, action or application or other proceedings, including for attorneys fees and related costs such as tracing fees, made by any third party and arising out of or in connection with the user’s use of this website, third party websites or any of the products and/or services offered or ordered through such sites in any way.
2. The user agrees to indemnify, defend and hold Chefs Warehouse harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to the user’s breach of these Terms and Conditions.
3. Where Chefs Warehouse furnishes the user with specific advice/instructions as to the manner in which any products supplied by Chefs Warehouse to the user should be utilised and/or as to the capacity and/or tolerance of any of the products supplied by Chefs Warehouse to the user ("the instructions") the user:
  1. indemnifies and holds harmless Chefs Warehouse from any direct or indirect loss, damage, expense or liability suffered by the user; and
  2. indemnifies Chefs Warehouse in respect of any claim against Chefs Warehouse by any third party under section 61 of the CPA;
  by virtue of the user or any such third party to whom the products are supplied by the user or who utilises such goods, not adhering to, or using the products contrary to, the instructions.
Regulation 44 of the CPA
Notices
1. Each of the parties chooses their domicilium citandi et executandi for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms and Conditions as being:
  1. in the case of Chefs Warehouse, at the email and physical addresses set forth in clause above; and
  2. in the case of the user, at the e-mail and delivery addresses provided by the user to Chefs Warehouse in the registration process.
2. Any notices to any party will be sent via prepaid registered post, delivered by hand or sent by e-mail. Unless the contrary is proved, any notice:
  1. sent by prepaid registered post will be deemed to have been received on the 5th (Fifth) Business Day after posting;
  2. any notice delivered by hand on a Business Day will be deemed to have been received on the date of delivery; provided that if such day is not a Business Day, then such notice shall be deemed to have been received on the 1st (First) Business Day following the date of delivery;
  3. transmitted by email will be deemed to have been received on the same day of transmission; provided that if such day is not a Business Day, then such notice shall be deemed to have been received on the 1st (First) Business Day following the day of transmission.
3. For the purposes of this clause, the term "Business Day" means any day other than a Saturday, Sunday or Public Holiday in the RSA.
4. Each of the parties will be entitled from time to time, by written notice to the other to vary its domicilium to any other address in the RSA which is not a post office box or poste restante, provided that the change will become effective only 14 (fourteen) days after service of the notice in question.
5. Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.
General
1. This document contains the entire agreement between the parties in relation to the subject matter hereof. No alteration, cancellation, variation of, or addition hereto will be of any force or effect unless reduced to writing and signed by all the parties to these Terms and Conditions or their duly authorised representatives.
2. No indulgence, leniency or extension of time granted by the website owner shall constitute a waiver of any of Chefs Warehouse’s rights under these Terms and Conditions and, accordingly, Chefs Warehouse not be precluded as a consequence of having granted such indulgence, from exercising any rights against the user which may have arisen in the past or which might arise in the future.
3. Words importing the singular will include the plural, and vice versa, and words importing the masculine gender will include the feminine and neuter genders, and vice versa, and words importing persons will include partnerships, trusts and bodies corporate, and vice versa.
4. The headings to the paragraphs to the Terms and Conditions are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.
5. Chefs Warehouse may amend, vary and/or modify these Terms and Conditions at any time, and such amendment, variation and/or modification shall be effective immediately upon posting of the amended, varied and/or modified Terms and Conditions on this Website ("the modified Terms and Conditions). Accordingly, your continued access or use of this Website is deemed to be your acceptance of the modified Terms and Conditions.
6. Your access and/or use of this Website, any downloaded material from it and the operation of these Terms and Conditions shall be governed by and construed in accordance with the laws of the RSA.
7. The parties consent to the non-exclusive jurisdiction of the High Court of South Africa, Cape of Good Hope Provincial Division. In terms of Section 45 of the Magistrate's Courts Act (no 32 of 1944, as amended) or any comparable legislation, both parties consent to the jurisdiction of a Magistrate's Court having jurisdiction in respect of any action arising between Chefs Warehouse and the user.
8. You hereby consent to receive any and all approaches and/or communications from Chefs Warehouse, its members, agents and/or their marketing service providers, (whether via e-mail or otherwise) whether for the purposes of direct marketing or otherwise. Should you not wish to receive any approaches and/or communications as aforesaid, kindly address an e-mail to info@chefswarehouse.co.za advising Chefs Warehouse of same.
9. Should you have any complaints or queries, kindly address an e-mail to info@chefswarehouse.co.za advising Chefs Warehouse of same, or alternatively contact Chefs Warehouse at +27 21 422 01 28.
10. In the event of the user failing to pay any amount timeously or breaching the terms of these Terms and Conditions, the user shall be liable for all legal costs (on the scale as between attorney and own client) (including collection commission) which may be incurred by Chefs Warehouse arising therefrom.
11. All amounts provided for in terms hereof shall be exclusive of VAT. All or any VAT arising from the supply of any goods and/or services (as defined in the Value-Added Tax Act No 89 of 1991 or any statutory reenactment or modification thereof) by Chefs Warehouse to the user in terms of a transaction shall become due for payment and shall be paid by the user together with the amount in respect of which such VAT has been levied.
12. Each sentence, paragraph, term, clause and provision of these Terms and Conditions and any portion thereof shall be considered severable and if, for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation (including, without limitation, the CPA and any regulations thereto) or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.
13. No term or condition of these Terms and Conditions is intended to breach any peremptory provisions of the CPA and any regulations thereto ("Prohibited Provision"). Any breach of any such Prohibited Provision shall be governed by the provisions of clause mutatis mutandis.

Chefs Warehouse Gift Voucher Terms And Conditions

The possession and use of this voucher is governed by these terms and conditions, as read with the terms and conditions contained on the Website. In the event of a conflict between these terms and conditions and the Website Terms, the Website Terms will prevail.
Only persons aged 18 (Eighteen) years or older may purchase, bear and/or utilize this voucher.
Vouchers may only be redeemed on www.chefswarehouseonline.co.za ("the Website"), as payment or part payment (as the case may be) in respect of the purchase price of any goods or services ordered through the Website ("the Order").
In order to place an Order on the Website and redeem this voucher, the bearer thereof is required to go through the registration and order processes on the Website. In order to redeem any voucher(s) in respect of a particular Order, the purchase price of such Order must be equal to, or exceed, the redemption value or aggregate redemption value (as the case may be) of such voucher(s).
Vouchers are valid for a period of 3 (Three) years from the date of issue thereof.
Vouchers may not be varied, exchanged for cash, nor may same be resold by the purchaser or bearer thereof.
No refunds will be given by Chefs Warehouse and Cookery School CC ("Chefs Warehouse") in respect of any vouchers purchased.
Chefs Warehouse will not replace any lost or stolen vouchers.

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