Terms & Conditions
These terms and conditions (“Terms”) apply to the website located at www.italiandelionline.co.za, and related mobi-sites and software (the “Website”). The website is owned and operated by Clear World
These Terms are binding on everyone who chooses to access the website, without qualification or exception. By using this website, the person accessing the website (the “User”) agrees to be bound by and shall be regarded to have accepted to abide by these Terms and acknowledges to have read and understood them. If the User does not agree to any of the Terms, the User should not enter, view or make use of the website.
The Website enables you to shop online for an extensive range of goods including, but not limited to, beverages, canned foods, alcoholic beverages and more (“Items”).
Italian Deli reserves the right to and may occasionally make any changes to these Terms without notifying the User. If the User continues to use this website after the changes have been made, this action shall represent the User’s agreement to the updated Terms. Please revisit these Terms periodically to ensure you are aware of any such changes. Italian Deli may, at any time, restrict your access to this website.
Nothing in these Terms is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either the User or Italian Deli in terms of the CPA.
Disclosure of Information
Italian Deli discloses the following information:
Physical address: 42 Section Street, Paarden Eiland, Cape Town, 7405
Postal address: As above
Telephone number: +27 (0)21 422 1226
Website address: www.italiandelionline.co.za
E-mail address: firstname.lastname@example.org
Limited Right to Use
Italian Deli solely owns and operates this website. All materials on this website are property of Italian Deli and are protected by law. Materials that are viewed, printed, and/or downloaded from this website are to be used only for personal use and may not be used for any commercial purposes. No materials may be copied, reproduced, modified, republished, uploaded, posted, distributed, or transmitted, without prior written consent from Italian Deli. The use of such materials is strictly prohibited as such unauthorized use may violate copyright, trade mark, or other laws.
The website may contain links to other websites. Italian Deli has no control over such websites and does not review their content and will not be responsible for their content or accuracy. The User accesses such websites at the User’s own risk and judgment.
By using the Website, the User warrants that they are 18 (eighteen) years of age or older and are of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives their consent, then such person agrees to be bound to these Terms and to be liable and responsible for you and all your obligations under these Terms.
The User agrees that they will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working and functioning of the Website. The User further agrees that they will not in any way use any spider, robot, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein.
Only registered Users may order Items from the Website. To register as a User, you must provide a unique username and password and provide certain information and personal details to Italian Deli. You will need to use your unique username and password to access the Website in order to purchase Items.
The User agrees and warrants that their username and password shall be used for personal use only; and not be disclosed to any third party.
The User agrees that once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of the order, save where the order is cancelled by the User in accordance with the Terms.
You agree to notify Italian Deli immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
All communications from you to this website, in the form of comments, questions, or general feedback, will be considered non-confidential and non-proprietary. You agree that any such communications will be deemed to be the property of Italian Deli and Italian Deli shall be entitled to full rights of ownership, including without limitation, unrestricted right to use or disclose such communications, for any purpose, without compensation to you. Italian Deli may provide users with forums where they can post content to our website. Italian Deli does not necessarily endorse, support, or agree with content posted by external users. You agree not to post any unlawful, abusive, offensive, sexually oriented, obscene, defamatory, harassing, profane, or otherwise indecent information of any kind, including without limitation any communications that would constitute a criminal offense, give rise to civil liability, or violate local, state, national, or international law, or infringe upon another organization’s copyright or trademark. You agree that you are solely responsible for the content of your communications and their legality under all laws.
Italian Deli, its contractors, suppliers, distributors, employees and agents shall not be liable for any injury (including death), claim, loss, liability, damage, cost or expense of whatsoever nature suffered or incurred by any person who accesses and uses the website, whether such injury or damage arose from negligence, gross negligence or otherwise.
Access to Password-Protected or Secured Areas
Access to and use of password-protected or secured areas of this website is restricted to authorized users only. You will be asked to provide accurate and current information on all registration forms on this website. If you use this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and mobile device, and you agree to accept responsibility for all activities that occur under your account. You will not misuse or share your username or password, misrepresent your identity or your affiliation with an entity, impersonate any person or entity, or misstate the origin of any materials you are exposed to through this website. If you violate your obligations under this section, you may be subject to prosecution.
The trade marks, copyright, and other intellectual property of Italian Deli and others used in this website (“Intellectual Property”) are the property of Italian Deli and their respective owners. You have no right to use any such Intellectual Property, and nothing contained in this website or these Terms grants any right to use any Intellectual Property without the prior written consent of Italian Deli or the respective owner.
Limitation of Liability
To the extent permitted by law Italian Deli or its employees, agents, suppliers, distributors, partners, or affiliates, shall not be liable for any direct, indirect, incidental, or consequential damages including, without limitation, lost revenues, costs of replacement goods, loss or damage to data arising out of the use or inability to use this website, damages resulting from the use of the information or materials presented on this website, whether based on warranty, contract, delect, or any other legal basis or from any other cause even if Italian Deli or its employees, agents, suppliers, distributors, partners, or affiliates, have been advised of the possibility of such damages.
The website is provided by Italian Deli on an “as available” basis. Italian Deli makes no warranties of any kind, express or implied, as to the operation of this website, or the information, content, materials, or products included on this website. You agree that your use of this website is at your sole risk and you assume full responsibility for any risk and/or loss resulting from the use of the Website or reliance on any information on the Website. You should not assume that the materials on this website are continuously updated or contains current information. Italian Deli is not responsible for providing content or materials that have been expired or removed. To the full extent permissible by applicable law, Italian Deli disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Italian Deli does not warrant that this website, servers, content or email sent from this domain are free of viruses, spyware, malware, trojans, destructive material or other harmful components which are able to destroy, corrupt, disrupt, compromise, harm, disable, jeopardise or otherwise impede in any manner the operation, stability, security or content of your computer network, computer system, software and/or hardware in any way. Italian Deli will not be liable for any damages, loss or liabilities of any kind arising from the use of this Website, including, but not limited to, direct, indirect, incidental, or consequential damages.
Although Items sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
The entire provisions of these Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. Furthermore, the parties to these Terms hereby irrevocably and unconditionally consent to the non-exclusive jurisdiction of the courts of the Republic of South Africa in regard to all matters arising from these Terms.
Updating of these Terms
We reserve the right to change, modify, add to or remove from portions or the whole of these Terms from time to time. Changes to these Terms will become effective upon such changes being posted to this website. It is the User’s obligation to periodically check these Terms on the website for changes or updates. The User’s continued use of this website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms, including such changes or updates.
The User understands that all the designs and trademarks are owned and registered to Italian Deli and hereby accepts these Terms. The User undertakes not to copy or duplicate the trade marks and designs directly or indirectly in any way and understands the legal implications thereof. Should the User be found to be in violation of these Terms, the User understands that it will be held liable for all legal costs incurred by Italian Deli for any civil action or any legal action deemed necessary against the User.
Third Party Links
In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
Sale Conclusion and Stock Availability
Users may place orders for Items which Italian Deli may accept or reject depending on the availability of the Items, the correctness of information relating to the Item (including without limitation the price) and the receipt of payment for the Item.
Italian Deli will indicate the acceptance of your order by delivering the item(s) to you, and only at that point will an agreement of sale between you and Italian Deli come into effect. This is regardless of any communication from Italian Deli stating that your order or payment has been confirmed. Italian Deli will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
Users acknowledge that stock of all Items on offer is limited and that pricing may change at any time without notice to the user. Italian Deli will take all reasonable efforts to monitor stock levels and ensure that when an item is no longer in stock, that the offers thereof are discontinued on the website. Italian Deli relies on inventory information supplied by the relevant third party suppliers and accordingly bears no liability for any inaccuracies in the information supplied to it. If an item is no longer available after you have placed an order, Italian Deli will notify you and you will be entitled to a refund of any amount already paid by you for the item that is not available.
Placing Items in a wishlist or shopping cart without completing the purchase cycle does not constitute an order for such Items, and as such, Items may be removed from the shopping cart if stock is no longer available or the price thereof might change without notice to you. You cannot hold Italian Deli liable if such Items are not available at a later stage.
Payment Options and Pricing
Italian Deli is committed to providing secure online payment facilities and uses Payfast as its payment gateway.
Payment for Items can be made via Credit and Cheque Cards, Instant EFT, and Masterpass. The User warrants that they are fully authorised to use the credit card supplied for the purpose of paying for the Items. The User also warrants that their credit card has sufficient available funds to cover the costs involved with using the Website.
All transactions will be processed in South African Rands (ZAR). and Italian Deli reserves the right to change pricing at any time without prior notice.
When you click to make a purchase with us legal obligations arise and your right to refund of monies charged to your credit card or paid in any other way agreed by us, are limited by our terms and conditions. You must not make any purchase through this website unless you understand and agree to all our terms and conditions. Once payment is made for the purchase, it is deemed that you have read and understood the terms and conditions for such purchase. If you have any queries, please contact us before making any purchase for any service through this website. Upon receipt of your order, the goods will be delivered to you in accordance with the terms applicable to the goods that you purchased which will be communicated to you on that specific webpage. The nature of the goods you purchased, and the date of your purchase may impact the timing of performance of the services. The goods will be deemed to be successfully delivered to you upon delivery of the goods. For more information about delivery please see our Shipping Information [insert link to Shipping Information}.
Gift Vouchers and Coupons
Italian Deli may from time to time make physical or electronic gift vouchers, coupons, discounts, and promotional codes available for use on the Website towards the purchase of Items.
21.1 Gift Vouchers
21.1.1 Gift vouchers that are purchased by Users are valid for 1 year (one year) after the date of sale. Gift vouchers that are given away for free by Italian Deli are valid for the period stated thereon. If the gift voucher has not been used within that period, it will expire.
21.1.2 Gift vouchers cannot be used to buy other gift vouchers or coupons. They do not accrue interest and are not refundable for cash once purchased. If the gift voucher value is insufficient for the order you wish to place, the User may make up the difference by paying via one of the acceptable payment methods.
21.1.3 Italian Deli is not responsible for any loss caused by the unauthorised use or unauthorised distribution of a gift voucher, after it has delivered the gift voucher to you or the email address nominated by you.
21.2.1 Italian Deli offers two types of coupons. A “Fixed Coupon” offers a fixed amount of discount in Rands. A “Percentage Coupon” offers a percentage discount.
21.2.2 Coupons are issued at Italian Deli sole discretion and under specific terms and conditions regulating how and when they may be used. Italian Deli is entitled at any time to correct, cancel or reject a coupon for any reason (including without limitation where a coupon has been distributed in an unauthorised manner).
21.2.3 Unless specified otherwise on the specific coupon itself, and as a general rule, each coupon can only be used once; only one coupon can be used per order; and must be used at checkout (cannot be used later on existing orders).
Please refer to our Returns Policy for more information about returning products (and related refunds, replacements or repairs). The Returns Policy is incorporated by reference and it forms part of these Terms and Conditions. It can be viewed at [insert link to Returns Policy].
Italian Deli does not consider unsolicited ideas. As a leading specialty retailer, and one of South Africa’s largest direct marketers and online retailers of sporting and outdoor related merchandise, Italian Deli has access to a wealth of knowledge of outdoor merchandise and is continually developing and acquiring new products to please its customers so it is likely that Italian Deli has developed, been exposed to, or is already working on similar products and technology.
The purpose of this policy is to avoid any confusion and disputes if Italian Deli products, technologies, advertising, promotions, processes, materials, marketing, and the like, might appear similar to ideas submitted to Italian Deli. Since Italian Deli does not wish to consider unsolicited ideas or materials, the following terms apply to all submissions.
Your submissions and their contents will automatically become the property of Italian Deli, without any compensation to you; Italian Deli may use or redistribute the submissions and their content for any purpose and in any way; Italian Deli has no obligation to review the submission; and there is no obligation to keep any submission confidential. To the extent a submission is made under terms inconsistent with the terms and conditions of this policy, the terms and conditions of this policy govern.
Notices and Complaints
Italian Deli hereby selects 42 Section Street, Paarden Eiland, Cape Town, 7405, as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Italian Deli may change this address from time to time by updating these Terms and Conditions.
You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving Italian Deli not less than 7 days’ notice in writing.
Notices must be sent either by hand or email and must be in English. All notices sent –
by hand will be deemed to have been received on the date of signed delivery;
by email will be deemed to have been received on the date indicated in the “Read Receipt” notification. All email communications between you and us must make use of the “Read Receipt” function to serve as proof that an email has been received.
If you have a complaint about the goods or services provided by us or require information regarding a complaint, please get in touch with us via email@example.com.
If we don’t resolve your complaint within 15 (fifteen) business days of you having notified us of it, you are entitled to approach the Consumer Goods and Services Ombud (“CGSO”), to assist in resolving the dispute. The CGSO’s contact details are: Website: http://www.cgso.org.za/ Sharecall: 0860 000 272 Email: firstname.lastname@example.org
Italian Deli may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms to any third party.
Any failure on the part of you or Italian Deli to enforce any right in terms hereof shall not constitute a waiver of that right.
If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
No variation, addition, deletion, or agreed cancellation of the Terms will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
These Terms and Conditions contain the whole agreement between you and Italian Deli and no other warranty or undertaking is valid, unless contained in this document between the parties.
If you have any questions regarding these Terms, please send an email to email@example.com