Terms and Conditions

Nutty Bars TERMS OF SERVICE

These Terms of Service (“Terms”) are effective as of : 5 August 2021 “Effective Date”

READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. YOUR CONTINUED USE OF THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS. ALL SECTIONS OF THESE TERMS ARE APPLICABLE TO ALL USERS UNLESS THE SECTION EXPRESSLY STATES OTHERWISE.

Introduction

The website www.nuttybars.co.za (“the Website”) is operated and/or owned by Anika Hari (hereinafter referred to as “Nutty Bars”, “we”, “our” or “us”). The Terms herein are entered into by and between Nutty Bars and the User. Any reference to “Nutty Bars”, “we”, “our” or “us”, shall include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, service providers and suppliers.
These terms, including any document incorporated by reference herein, including, but not limited to the Privacy Policy (collectively, the “Terms”) apply to any User who uses any one or more of the Services, accesses, refers to, views and/or downloads any information or material made available on the Website for whatever purpose (hereinafter referred to as “User”, “you” or “your”).
Accessing and/or use of the Website after the Effective Date will signify that you have read, understand, accept, and agree to be bound, and are bound, by the Terms, in your individual capacity and for and on behalf of any entity for whom you use the Website. Further, you represent and warrant that you have the authority to do so and that you are a Competent Person (as defined in the Protection of Personal Information Act, 4 of 2013, as amended).
To the extent permitted by applicable law, we may modify the Terms with prospective effect without prior notice to you, and any revisions to the Terms will take effect when posted on the Website. Such modifications will require acceptance by you prior to your continued use of the Website, and shall thereby be construed as your consent to the amended or updated Terms. Your only remedy, should you not agree to these Terms, is to refuse acceptance of the amended or updated Terms, thereby preventing your use of this Website.

Terminology

“Browser” shall mean any person who visits any page of the Website, whether by landing at the home page or any other page through use of a hyperlink of another website or by direct access to the Website and who has no intention of using, or does not use, the Services offered by us;
“Business Days” shall mean any days which are not a Saturday, Sunday or gazetted public holiday in the Republic of South Africa during working hours;
“Cart” shall mean the User’s Cart on the Website in which it stores intended purchases prior to payment being made;
“Goods” shall mean the products and/or services as made available to a User for purchase on the Website, and which shall include, inter alia, goods and/or services relating to the following: Nutty Bars.
“Party” or “Parties” shall mean Nutty Bars and/or or the User as the context implies;
“Personal Information” shall mean the Personal Information as required from the User in order to register for the Services;
“Registration Process” refers to the Registration Process to be followed by a Browser on our Website in order to enable them to use the Services and thus make the transition from a Browser to a User;
“Services” shall refer to the Services provided by us to the User as set out in clause Article 4. below;
“Terms” shall mean these Terms of Service as read together with the Privacy Policy; and
“User” shall mean the Browser who completes the Registration Process on the Website in order to make use of the Services.
Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.

Your agreement to these Terms

Subject to, and on the basis of a User’s acceptance of the Terms, we grant to you a limited, revocable, non-transferable license to access and use the Website in accordance with the various policies and agreements which may govern such use and access.

Description of our Services

The Website enables you to shop for and purchase Goods.

Registration Process

There is no user registration required to make a purchase.

Purchase of Goods

The Goods as selected by the User for purchase together with the individual price thereof shall be reflected in the User’s Cart. The price of each of the Goods shall automatically be tallied in the Cart, as a total, which total shall be inclusive of VAT to the extent that we are registered for VAT.
The cost of delivery of the Goods shall also be included in the total comprising the User’s Cart.

Payment

Payment may be made in one of the following manners:

Credit Card – where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website.
Electronic Funds Transfer (“EFT”) or Bank Transfer.

Goods will only be released for delivery once payment has been received into our banking account.

Delivery of Goods

The Goods shall be delivered to the User through the services of an overnight courier of our selection.

The Goods shall be delivered to the User at the address selected during the payment process.
The Goods shall be delivered, where possible on a Business Day, but this shall depend on the courier company.

We shall endeavour to have the Goods delivered to you as soon as reasonably possible, we shall not be held liable for any late deliveries attended to.
Our obligation to provide the Goods to you is fulfilled upon delivery thereof. We are not responsible for any loss or unauthorised use of the Goods after provision thereof to you.

Warranties by the User

The User warrants and represents that the Personal Information provided to us is and shall remain accurate, true and correct and that the User will update the Personal Information held by us to reflect any changes as soon as possible.
The User further warrants that when registering on the Website it:

is not impersonating any person; and
is not violating any applicable law regarding use of personal or identification information.
Further and insofar as the Registration Process is concerned, the User warrants that the login details shall:

be used for personal use only; and
not be disclosed by a User to any third party.

The User agrees that, once the correct login details relating to the User’s account have been entered, irrespective of whether the use of the Log in Details is unauthorised or fraudulent, the User will be liable for payment of any such Goods purchased.

Warranties by Nutty Bars

We make no representation or warranty (express or implied) that the Website or Services will:

meet a User’s needs;
be accessible at all times;
be accurate, complete or current; or
be free from viruses.

Subject to any express terms, Nutty Bars makes no representation or warranty as to the volume or subject area of Services accessible through the Website.
Except for any express warranties in these Terms the Services are provided “as is”. Nutty Bars makes no other warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, title, fitness for a particular purpose or non-infringement. We do not provide any warranties against viruses, spyware or malware that may be installed on your computer as a result of you accessing or using the Website.
Nutty Bars does not warrant that the use of the Website will be uninterrupted or error free, nor does Nutty Bars warrant that we will review information for accuracy.
Nutty Bars shall not be liable for delays, interruptions, service failures or other problems inherent in use of the internet and electronic communications or other systems outside the reasonable control of Nutty Bars. While a User may have statutory rights, the duration of any such statutorily warranties, will be limited to the shortest period to the extent permitted by required law.

Unauthorised use of the Website or email addresses as provided by us

A User may not use the Website for any objectionable or unlawful purpose.
A User, apart from uploading Personal Information as required when completing the Registration Process may also after the purchase of Goods add a review or comment relating to the Goods so purchased by it .
We reserve the right to remove any such review in the event that same is untrue, inflammatory or libellous.
A User undertakes not to send to us spam mail, or make use of other unsolicited mass e-mailing techniques.
A User shall not introduce any virus, worm, trojan horse, malicious code or other program which may damage computers or other computer-based equipment through email communication with us.
A User may not sell, redistribute or use information contained on the Website for a commercial purpose without our prior written consent.
A User may not remove or alter our copyright notices or other means of identification including any watermarks, as they appear on the Website or any of our emails.
A User understands and agrees that it is solely responsible for compliance with any and all laws, rules and regulations that may apply to its use of the Website or the Services.

Links to other Websites

The Website may contain links or portals to other websites. We have no control over websites operated by third parties and the User agrees that we are not responsible for and will have no liability in connection with a User’s access to or use of any third-party website.

Limitation of Liability and Indemnity

The Website shall be used entirely at a User’s own risk.
We are not responsible for, and the User agrees that we will have no liability in relation to, the use of and conduct in connection with the Website, or any other person’s use of or conduct in connection with the Website, in any circumstance.
We cannot guarantee or warrant that any file downloaded from the Website or delivered to you via email will be free of infection or virus, worms, trojan horses or other code that has contaminating or destructive qualities. A User is responsible for implementing appropriate processes, systems and procedures to protect itself from this type of issue.
A User indemnifies us, and agrees to keep us indemnified, from and against any claim, loss, damage, cost or expense that we may suffer or incur as a result of or in connection with a User’s improper use of or conduct in connection with the Website, including any breach by a User of these terms or any applicable law or licensing requirements.
To the maximum extent permitted by law we exclude all implied representations and warranties which, but for these terms, might apply in relation to a User’s use of the Website.
To the extent that our liability cannot be excluded by law, our maximum liability, whether in contract, equity, statute or delict (including negligence), to a User will be limited to the minimum amount imposed by such law.
Notwithstanding anything to the contrary in these terms, in no circumstances will we be liable for any indirect, punitive or consequential loss or damages, loss of income, profits, goodwill, data, contracts, use of money or any loss or damages arising from or in any way connected to interruption of the Services of any type, whether in delict, contract or otherwise.

Copyright

Nutty Bars and the contents of the Website are the property of Nutty Bars, unless specified otherwise, and are protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on the Website and/or the Services, is our property, unless credit is attributed to the author thereof, and is, likewise, protected by South African and international copyright laws.
Except as stated in the Terms, none of the contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the South African copyright laws or without our prior written permission, which should such consent be provided, we reserve our right to withdraw such consent at any stage, in our sole and absolute discretion.
Users are expressly prohibited to “mirror” any content, contained on the Website, on any other server unless our prior written permission is obtained, which should such consent be provided, we reserve our right to withdraw such consent at any stage, in our sole and absolute discretion.
The User is granted a limited, revocable, and non-exclusive right to create a hyperlink to the Website, so long as the link does not portray us, our affiliates, Goods or Services in a false, misleading, derogatory, or otherwise offensive manner. A User may not use our logo or other proprietary graphic or trademark as part of the link without our permission or the permission of our affiliates or content suppliers.
All trademarks and copyrights, together with any other intellectual property rights, in and to any of the content of the Website, where not evidently that of third parties, are the exclusive property of Nutty Bars.

Intellectual Property

A User undertakes not to attempt to decipher, decompile, disassemble or reverse engineer any of the software or code comprising or in any way making up a part of the Website including any algorithm used by us.
We own or are licensed to use all intellectual property on the Website. A User may not use any of our intellectual property for any purpose other than as may be required to use the Website for its intended purpose.

Breach

If either Party commits a breach of the Terms and fails to remedy such breach within 7 (seven) days of receipt of written notice requiring the breach to be remedied, then the Party giving notice shall be entitled, at its option, either to cancel the Terms and claim damages or alternatively to claim specific performance of all the defaulting Party’s obligations, together with damages, if any, whether or not such obligations have fallen due for performance.

Arbitration

Any dispute which arises between the Parties in respect of the Terms shall require the Parties to use their best endeavours to resolve the dispute informally within 7 (seven) days of the dispute having been raised in writing.
If either Party provides written notification to the other that such attempt has failed then each Party shall attempt to agree upon the appointment of a suitably qualified mediator, within 10 (ten) days of such dispute being referred.
If agreement is not reached as to the appointment of such mediator within 10 (ten) days after either Party has in writing called for the appointment of a mediator, or where an appointment has been agreed upon and such mediator is not able to mediate a resolution of such dispute within 30 (thirty) days after such appointment then any Party may give written notice to the other Parties referring the dispute to arbitration in accordance with the rules of Arbitration Foundation of South Africa (“AFSA”) by an arbitrator or arbitrators appointed by AFSA.
Either Party may demand that a dispute be referred to arbitration by giving written notice to that effect to the other Party. This clause shall not preclude either Party from obtaining interim relief on an urgent basis from a court of competent jurisdiction pending the decision of the arbitrator.
The arbitration shall be held –

at/in South Africa or other venue agreed by the parties in writing;
in English; and
immediately and with a view to its being completed within 21 (twenty one) days after it is demanded.
The Parties irrevocably agree that the decision in arbitration proceedings:

shall be final and binding upon them;
shall be carried into effect;
may be made an order of any court of competent jurisdiction.

Assignment and Novation:

We may assign or novate any of our rights or obligations under these Terms without a User’s consent. A User may not assign or novate any of his/her rights.

Force Majeure:

The failure of either Party to fulfil any of their obligations under these Terms shall not be considered to be a breach of, or default provided such inability arises from an event of Force Majeure, and that either of the Parties who may be affected by such an event has taken all reasonable precautions, due care and reasonable alternative measures in order to meet these Terms, and has informed the other as soon as possible about the occurrence of such an event.
During the subsistence of Force Majeure, the performance of both Parties under these Terms shall be suspended, on condition that either of them may elect to cancel any Services should the event of Force Majeure continues for more than 14 (fourteen) days by giving written notice to the other.

General

To the extent permitted by law, these Terms shall be governed by and be construed in accordance with South African law, and any dispute arising out of these Terms shall be submitted to the competent South African courts having the requisite jurisdiction to hear the matter.
Subject to the dispute resolution provisions above, to the extent necessary and/or possible, you consent to the non-exclusive jurisdiction of the High Court in South Africa or an alternative appropriate South African court seized with appropriate jurisdiction in all disputes arising out of the Terms, our Services, and/or related agreements incorporated by reference.

Severance

If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these Terms and the remaining terms will continue to apply. Failure by us to enforce any of the provisions set out in these Terms and/or any other agreement, or failure to exercise any option to terminate, shall not be construed as a waiver of such provisions and shall not affect the validity of these Terms or of any agreement or any part thereof, or the right thereafter to enforce each and every provision.

Domicilium Citandi Et Executandi and Contact Information

The User and Nutty Bars choose as their respective domicilium citandi et executandi for the purpose of legal proceedings and for the purpose of giving or sending any notice provided for or necessary of these Terms, the following:

Anika Hari, Geroge Email: orders@nuttybars.co.za
User: The address as provided when registering on the Website.

Both the User and Nutty Bars may change its domicilium to any other physical address or email address by written notice to the other to that effect. Such change of address will be effective 7 (Seven) days after receipt of notice of change of domicilium.
All notices to be given in terms of these Terms will:

be given in writing;
be delivered or sent by email; and
be presumed to have been received on the date of delivery.

Privacy Policy

For the purposes of this section, Personal Information will be understood in accordance with the definition provided in the Protection of Personal Information Act 4 of 2013 (“the Act”). We also subscribe to the principles for electronically collecting personal information outlined in the Act, and the further legislation referred to therein. We endeavour to ensure the quality, accuracy and confidentiality of Personal Information in our possession.
In adopting this Privacy Policy, we wish to balance our legitimate business interests and your reasonable expectation of privacy. Accordingly, we will take all reasonable steps to prevent unauthorised access to, or disclosure of your Personal Information. However, it is impossible to guarantee that your Personal Information shall be 100% secure.
In utilising our website, using our services or otherwise if your information is submitted to us through a lead generation services, users may be asked to provide the following information (Personal Information):

First Name
Surname
Email
Physical Address
Phone Number

We will attempt to limit the types of Personal Information we process to only that to which you consent to (for example, in the context of online registration, newsletters, message boards, surveys, polls, professional announcements, SMS, lead generation, MMS and other mobile services), but, to the extent necessary, your agreement to these this Privacy Policy constitutes your consent as contemplated in section 69 of the Act. Where necessary, we will seek to obtain your specific consent in future instances should we deem same required by law and where your consent herein might not be lawfully sufficient.
We will not collect, use or disclose sensitive information (such as information about racial or ethnic origins or political or religious beliefs, where relevant) except with your specific consent or in the circumstances permitted by law.
By agreeing to the terms contained in this Privacy Policy, you consent to the use of your Personal Information in relation to:

The provision and performance of our services to you
The provision of marketing related services to you by us
Responding to any queries or requests you may have
Developing an online user profile
For security, administrative and legal purposes

Although absolute security cannot be guaranteed on the internet, we have in place up-to-date, reasonable technical and organisational security measures to protect your Personal Information against accidental or intentional manipulation, loss, misuse, destruction or against unauthorised disclosure or access to the information we process online.
While we cannot ensure or warrant the security of any Personal Information you provide us, we will continue to maintain and improve these security measures over time in line with legal and technological developments.
We store your Personal Information directly, or alternatively, store your Personal Information on, and transfer your Personal Information to, a central database.
Your information will not be stored for longer than is necessary for the purposes described in this Privacy Policy or as required by applicable legislation.
The Personal Information we collect from users shall only be accessed by our employees, representatives and consultants on a need-to-know basis, and subject to reasonable confidentiality obligations binding such persons.
We shall have the right, but shall not be obliged, to monitor or examine any information and materials including any website link that you publish or submit to us for publishing on the Site. You shall be solely responsible for the contents of all material published by yourself.
We constantly review our systems and data to ensure the best possible service to our users. We do not accept any users, or representatives of users, under 18 years of age or who otherwise does not have the relevant capacity to be bound by this Privacy Policy.
We will not sell, share, or rent your Personal Information to any third party or use your e-mail address for unsolicited mail. Any emails sent by us will only be in connection with the provision of our services and/or the marketing thereof.

Log Files

When you visit the website, even if you do not create an account, we may collect information, such as your IP address, the name of your ISP (Internet Service Provider), your browser, the website from which you visit us, the pages on our website that you visit and in what sequence, the date and length of your visit, and other information concerning your computer’s operating system, language settings, and broad demographic information. This information is aggregated and anonymous data and does not identify you specifically. However, you acknowledge that this data may be able to be used to identify you if it is aggregated with other Personal Information that you supply to us. This information is not shared with third parties and is used only within the company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above, without your explicit permission.

Disclosure of Personal Information

We may disclose your Personal Information to the following persons for the purposes of our rendering our services to you, and for those reasons recorded in clause 1.6 above:

Suppliers

If our services are provided in conjunction with, or by involvement of third parties, such third parties may need to have your Personal Information in order to fulfil your request.

Cookies

We use cookies. A cookie is a small piece of information stored on your computer or smart phone by the web browser. The two types of cookies used on the Website are described below:

“Session cookies”: These are used to maintain a so-called ‘session state’ and only lasts for the duration of your use of the Website. A session cookie expires when you close your browser, or if you have not visited the server for a certain period of time. Session cookies are required for the Platform to function optimally, but are not used in any way to identify you personally.
“Permanent cookies”: These cookies permanently store a unique code on your computer or smart device hard drive in order to identify you as an individual user. No Personal Information is stored in permanent cookies. You can view permanent cookies by looking in the cookies directory of your browser installation. These permanent cookies are not required for the website to work, but may enhance your browsing experience.

Links from the website

The services available through the Website, may contain links to other third party websites, including (without limitation) social media platforms, payment gateways, appointment scheduling and/or live chat platforms (“Third Party Websites”). If you select a link to any Third Party Website, you may be subject to such Third Party Website’s terms and conditions and/or other policies, which are not under our control, nor are we responsible therefore.
Hyperlinks to Third Party Websites are provided “as is”, and we do not necessarily agree with, edit or sponsor the content on Third Party Websites.
We do not monitor or review the content of any Third Party Website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of other websites, either.
Users should evaluate the security and trustworthiness of any Third Party Website before disclosing any personal information to them. We do not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

Application Of The Electronic Communications And Transactions Act 25 Of 2002 (“Ect Act”)

Data Messages (as defined in the ECT Act) will be deemed to have been received by us if and when we respond to the Data Messages.
Data Messages sent by us to a user will be deemed to have been received by such user in terms of the provisions specified in section 23(b) of the ECT Act.
Users acknowledge that electronic signatures, encryption and/or authentication are not required for valid electronic communications between us and users.
Information to be provided in terms of section 43(1) of the ECT Act:

Users warrant that Data Messages sent to us from any electronic device, used by such user, from time to time or owned by such user, were sent and or authorised by such user, personally.
This Website is owned and operated by Nutty Bars.

Address for service of legal documents: Nutty Bars, 24 2nd Street, George, 6660

Contact Number: 0721179147
Website – located at www.nuttybars.co.za.
Email address: orders@nuttybars.co.za.

Lodging of Complaints

We only process your Personal Information in compliance with this Privacy Policy and in accordance with the relevant data protection laws. If, however you wish to raise a complaint regarding the processing of your Personal Information or are unsatisfied with how we have handled your Personal Information, you have the right to lodge a complaint with the Information Regulator:

Telephone: +27 (0) 10 023 5207; or
Email: inforeg@justice.gov.za.

Nutty Bars Delivery Policy

Introduction

This Delivery Policy (“Delivery Policy”) is only valid for products purchased from Nutty Bars.
This Delivery Policy has been developed to ensure the accurate and secure delivery of all purchases according to the customer’s delivery needs.
This Delivery Policy forms part of the agreement between Nutty Bars and its customers. This Delivery Policy should be read together with the website Terms and Conditions (if applicable).

Delivery Timeframe

We aim to deliver orders within 4 to 5 working days from the date of purchase. Please note that unforeseen circumstances may cause delays in delivery, for which we cannot be held responsible.

Delivery Address Requirement

Purchasers are required to provide a physical address for delivery. Additionally, someone must be available during all working hours at the provided address to receive the goods. Failure to provide a suitable delivery address or to arrange for someone to receive the goods may result in delays or issues with the delivery.

Product Melting Disclaimer

In the event that the product melts during transit, please note that the bars do not spoil and can simply be refrigerated/frozen upon arrival. While we take all necessary precautions to prevent melting during transit, we cannot guarantee that the product will arrive in perfect condition under all circumstances.

Cold Storage Responsibility

It is the responsibility of all purchasers to ensure they have adequate cold storage facilities available upon delivery. Our product is sensitive to temperature and must be stored in cold conditions to maintain its quality.

Disclaimer

We shall take all reasonable efforts to accurately reflect the products, purchase price and delivery charges of products on the website. However, should there be any errors of whatsoever nature on the website (which are not due to our fault), we shall not be liable to make good on a transaction based on any error, apart from refunding any monies paid by the customer to the us.
We will not be liable if delivery does not occur within the time frame mentioned in this Delivery Policy and cannot be liable for any loss occasioned by the delay in delivery.

RETURNS AND EXCHANGE POLICY

Due to the nature of our product, we do not accept returns. Our product is susceptible to melting during transit, and as such, all sales are final.