Terms of service
OVERVIEW
These Terms and Conditions of Sale ("Terms") govern every purchase of coffee beans and related products made through www.bouldersbeans.co.za ("the Website") from Boulders Beans (Pty) Ltd a company duly incorporated and registered in the Republic of South Africa under registration number 2021/8569/78.
By visiting, interacting with or using our services you agree to be bound by these terms. These terms are drafted with reference to, and are intended to comply with the Consumer Protection Act 68 of 2008 ("CPA"), the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"), The Protection of Personal Information Act 4 of 2013 ("POPIA"), and the Consumer Protection Act Regulations, to the extent applicable.
1. Interpretation and Definitions
1.1 "Business Day" means any day other than a Saturday, Sunday, or official South African public holiday.
1.2 "Goods" means the roasted coffee beans, ground coffee, and any related merchandise offered for sale on the Website.
1.3 "Order" means a request placed by the Customer to purchase Goods via the Website, telephone, or other channel made available by the Company.
1.4 "Consumer" bears the meaning given to it in section 1 of the CPA, and references to "you" as a Consumer apply only to the extent the CPA applies to the transaction in question (see clause 2 below).
1.5 Words importing the singular include the plural and vice versa, and a reference to natural persons includes juristic persons.
2. Application of the Consumer Protection Act
2.1 Where the Customer is a natural person, or a juristic person with an asset value or annual turnover below the threshold determined by the Minister of Trade and Industry from time to time in terms of section 6 of the CPA, the CPA applies in full to the transaction and nothing in these Terms limits any right the Customer enjoys under the CPA.
2.2 Where the Customer is a juristic person whose asset value or annual turnover equals or exceeds the applicable CPA threshold, certain CPA provisions (including sections 14 and 55–61) do not apply to the transaction, and the transaction is governed by these Terms and the common law of the Republic of South Africa.
2.3 Nothing in these Terms is intended to, and nothing should be interpreted so as to, contract out of, limit, or waive a right that the CPA does not permit to be waived.
3. Products and Description
3.1 We sell small-batch roasted coffee beans and related products. Roast dates, tasting notes, origin information, and weights are provided in good faith and may vary naturally between batches due to the nature small-batch roasting.
3.2 Product images on the Website are for illustrative purposes. Packaging, labelling, or roast appearance may differ slightly from images shown, and such variation does not constitute a defect.
3.3 We take reasonable steps to describe Goods accurately, including allergen and processing information, in compliance with the Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972 and its regulations. Customers with allergies or dietary sensitivities should contact us before ordering if in doubt.
3.4 Coffee is a natural agricultural product; the Company gives no warranty that any particular batch will taste identical to a previous batch or to the tasting notes provided, save that the Goods will be of the type and quality described and reasonably suited to the purpose for which coffee beans are commonly used.
4. Prices and Payment
4.1 All prices displayed on the Website are quoted in South African Rand (ZAR).
4.2 Prices exclude delivery charges unless stated otherwise. Delivery charges will be disclosed and itemised before you confirm your Order, in accordance with section 43 of the ECTA.
4.3 We reserve the right to change prices at any time, provided that the price applicable to an Order already confirmed by us will not be increased after confirmation.
4.4 Where a pricing or descriptive error is obvious and would reasonably have been recognised by the Customer as a mispricing, we may cancel the affected Order and refund any amount paid, and will notify the Customer accordingly.
4.5 Payment is accepted via the methods indicated on the Website (which may include credit/debit card, instant EFT, or other secure payment gateway). Payments are processed by a third-party payment service provider; we do not store full card details on our systems.
4.6 Risk in payment card fraud or unauthorised use lies with the payment gateway and card issuer in accordance with their terms; we will cooperate reasonably with any investigation.
4.7 An Order is only accepted, and a contract of sale only comes into existence, once we have confirmed the Order in writing (including by email) and payment has been successfully received, in accordance with section 20(1)(f) of the ECTA.
5. Delivery
5.1 We deliver within South Africa via our own delivery service and/or appointed third-party couriers. Estimated delivery times shown on the Website are indicative and not guaranteed.
5.2 Risk in the Goods passes to the Customer upon delivery to the address specified in the Order, or on collection where a collection option is selected. Ownership passes to the Customer only once payment has been received in full.
5.3 The Customer is responsible for ensuring the delivery address and contact details provided are correct and that someone is available to accept delivery. Additional delivery attempts necessitated by an incorrect address or a failed delivery attempt may be charged to the Customer.
5.4 Where delivery is delayed due to circumstances beyond our reasonable control (see clause 12 — Force Majeure), we will notify the Customer as soon as reasonably possible and are not liable for such delay.
5.5 Should the Company fail to deliver the Goods within the agreed or a reasonable period, the Customer may cancel the Order and receive a full refund, without prejudice to any other remedy available under the CPA.
6. Cancellation, Returns, and Refunds
6.1 Cooling-off right (online/telephonic orders): Where the Order was concluded as a result of direct marketing or without the Customer's face-to-face contact with the Company, the Customer, if a natural person, may cancel the transaction without reason and without penalty within seven (7) Business Days of receiving the Goods, in terms of section 44 of the ECTA.
6.1.1 This cooling-off right does not apply to Goods that have been opened, used, or where the seal has been broken (for hygiene and food-safety reasons), unless the Goods are defective, damaged, or were not as ordered.
6.1.2 To exercise this right, the Customer must notify us in writing and return the unopened, unused Goods in their original packaging at the Customer's own cost, unless the return is due to our error or a defect.
6.1.3 We will refund the purchase price (excluding original delivery charges, where permitted by law) within a reasonable time, and in any event within thirty (30) days, of receiving the returned Goods, using the same payment method used for the original transaction unless otherwise agreed.
6.2 Claims for Goods damaged in transit or incorrect items received must be reported to us within forty-eight (48) hours of delivery, with photographic evidence where possible, to enable prompt resolution.
6.4 Because coffee is a perishable, consumable food product, we are entitled to decline the return of Goods that have been opened or partially consumed, other than in circumstances covered by clauses 6.1.1 and 6.2.
6.5 Where a discount, promotional code, or subscription credit was applied to the original Order, refunds will be calculated on the amount actually paid by the Customer.
7. Product Safety, Storage, and Shelf Life
7.1 Roast dates and "best before" information are indicated on packaging. The Company is not responsible for deterioration in quality caused by the Customer's storage conditions after delivery, including exposure to heat, moisture, or air once packaging is opened.
7.2 Customers are advised to store coffee beans in a cool, dry place in an airtight container after opening.
7.3 The Company complies with applicable food safety legislation in the sourcing, roasting, and packaging of its Goods and will provide allergen or processing information upon reasonable request.
8. Limitation of Liability
8.1 Save as expressly set out in these Terms and to the extent permitted by the CPA and other applicable law, the Company's liability to the Customer arising from the sale of Goods is limited to the purchase price of the relevant Order.
8.2 The Company will not be liable for any indirect, special, or consequential loss, including loss of profit, arising from the supply of Goods, except to the extent such exclusion is not permitted by the CPA.
8.3 Nothing in these Terms limits liability for death, personal injury, or damage to property caused by the Company's gross negligence or wilful misconduct, or any liability that cannot lawfully be excluded or limited under the CPA.
8.4 The Company is not liable for delays or failures in performance resulting from circumstances beyond its reasonable control, as further described in clause 12.
9. Intellectual Property
9.1 All content on the Website, including text, graphics, logos, product photography, and the Boulders Beans name and marks, is the property of the Company or its licensors and is protected by South African copyright and trade mark law.
9.2 No person, whether natural or juristic, may reproduce, distribute, or exploit any content from the Website for commercial purposes without our prior written consent.
10. Privacy and Protection of Personal Information
10.1 The Company processes personal information collected through the Website (including names, contact details, delivery addresses, and order history) in accordance with POPIA and its own Privacy Policy.
10.2 Personal information is used solely for the purposes of processing Orders, delivery, customer service, and, where the Customer has opted in, direct marketing communications, from which the Customer may opt out at any time.
10.3 Payment card information is processed directly by our accredited third-party payment gateway and is not stored by the Company.
10.4 The Customer may exercise their rights under POPIA, including the right to access, correct, or request deletion of their personal information, by contacting our Information Officer at palekargm@gmail.com.
11. Electronic Communications and Transactions
11.1 In accordance with the ECTA, the Company's full name, registration number, physical address, and contact details are set out in clause 15 below.
11.2 Order confirmations, invoices, and other transactional communications will be sent to the email address provided by the Customer and are deemed received once dispatched, unless the Customer can show otherwise.
11.3 The Company employs reasonable technical and organisational security measures to protect payment and personal information transmitted via the Website, but no method of electronic transmission or storage is entirely secure, and the Company cannot guarantee absolute security.
12. Force Majeure
12.1 Neither party is liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond that party's reasonable control, including but not limited to natural disaster, fire, flood, pandemic, act of government, civil unrest, load shedding or power failure, or failure of a third-party courier or supplier.
12.2 Where such circumstances persist for longer than thirty (30) days, either party may cancel the affected Order, and any amount paid by the Customer for undelivered Goods will be refunded.
13. Amendment of Terms
13.1 The Company may amend these Terms from time to time. The version of the Terms in force at the time an Order is placed will govern that Order.
13.2 Material changes will be indicated by an updated "Effective date" at the top of this document and, where appropriate, notified to registered Customers.
14. Governing Law and Dispute Resolution
14.1 These Terms are governed by the laws of the Republic of South Africa.
14.2 The parties will attempt in good faith to resolve any dispute arising from these Terms through direct negotiation before pursuing other remedies.
14.3 A Consumer has the right to refer an unresolved dispute to the National Consumer Commission, an accredited consumer court, or an ombud with jurisdiction, in accordance with the CPA, or to approach a court of competent jurisdiction.
14.4 Subject to clause 14.3, the parties consent to the non-exclusive jurisdiction of the Magistrate's Court in respect of any dispute, notwithstanding that the amount in issue may exceed that Court's normal jurisdiction, without prejudice to either party's right to approach the High Court.
15. Company and Contact Details
15.1 Registered name: Boulders Beans (Pty) Ltd
Registration number: 2021/8569/78
Physical/registered address: 37 8th Ave, Schaapkraal, Phillipi
Email: hello@bouldersbeans.co.za
Telephone: +27 73 759 2006