“Visitor” or “Subscriber” means any person entering or using the Website. “Provider” means LangeRug Coffee & Nuts.
This Website (https://langerug.co.za/) is an online e-store. By entering the Website or using LangeRug Coffee & Nuts the Visitor agrees to comply with all of the terms and conditions contained herein. The right to use LangeRug Coffee & Nuts is not transferable to any other person or entity. The Visitor is solely responsible for all account activities, subscriptions and or any other interactions through the LangeRug Coffee & Nuts Website which is accessible only through the Visitor’s own unique password. The Visitor must ensure that they comply with the provisions of the terms and conditions.
These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
may limit the risk or liability of LangeRug Coffee & Nuts or a third party; and/or
may create risk or liability for the user; and/or
may compel the user to indemnify LangeRug Coffee & Nuts or a third party; and/or
serves as an acknowledgement, by the user, of a fact.
Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask LangeRug Coffee & Nuts to explain it to you before you accept the Terms and Conditions or continue using the Website.
Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or LangeRug Coffee & Nuts in terms of the
LangeRug Coffee & Nuts permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
The visitor shall be responsible for protecting the confidentiality of their password(s), if any.
HOLIDAY SUSPENDED SERVICE
The Visitor and/or Subscriber may request to suspend their service for 1 (one) month. LangeRug Coffee & Nuts will suspend shipment and automatically resume delivery services at the end of the specified suspended period. Due to processing lead times, LangeRug Coffee & Nuts requires 1 (one) week’s advance notice in order to execute the Visitor/Subscriber’s instruction to suspend services.
CHANGES TO SERVICE OFFERING
The provider shall have the right at any time to change or discontinue any aspect or feature of the LangeRug Coffee & Nuts website, including, but not limited to, content, hours of availability, and equipment required for access or use.
CONSENT TO RECEIVING OF ELECTRONIC COMMUNICATIONS
Through the use of this Website or communicating with LangeRug Coffee & Nuts by e-mail, the Visitor consents and acknowledges that any and all agreements, notices, disclosures, or any other communication complies with all legal requirement(s), including but not limited to the requirement that such communications so delivered, should be in writing.
PAYMENTS– PAYMENT GATEWAY
All transactions and/or monthly subscriptions are acquired by PayFast (Pty) Ltd, a PCI DSS Level 1 Service Provider and payment gateway in South Africa. Visitors may go to www.payfast.co.za to view PayFast’s security policy. The Visitor’s bank and/or card details will, in accordance with legislation, be kept secure and not be accessible by any unauthorised individual.
Payments will be deducted on either the 16th, 27th or the 1st of the month, as selected by the Visitor/Subscriber (“payment date”).
LangeRug Coffee & Nuts will deliver goods to you via courier before the fifteenth of each month or the first business day thereafter should the fifteenth fall on a weekend or a public holiday (“Delivery Period”). We will notify you if we are unable to deliver the goods during the Delivery Period.
LangeRug Coffee & Nuts’s obligation to deliver goods to you is fulfilled when we deliver the goods to the physical address nominated by you for delivery of the order. LangeRug Coffee & Nuts is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.
COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
LangeRug Coffee & Nuts provides certain information on the Website that might be protected by copyright legislation. Content currently or anticipated to be displayed on this Website is provided by LangeRug Coffee & Nuts, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to literary works, musical works, artistic works, sound recordings, cinematograph films, sound and television broadcasts, program-carrying signals, published editions and computer programs (“the Content”). All such proprietary works, and the compilation of the proprietary works, are copyright of LangeRug Coffee & Nuts, its affiliates or subsidiary, or any other third party owner of such rights (“the Owners”), and are protected by South African and international copyright laws. LangeRug Coffee & Nuts reserves the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content are reserved and retained by the Owners of the specific information. Unless specified in these Terms and Conditions, the Visitor is not granted a license or any other right including without
limitation to Copyright, Trademark, Patent or any other intellectual property rights in or to the Content.
LIMITATION OF LIABILITY
The Website and all content on the Website, including but not limited to any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. LangeRug Coffee & Nuts makes no warranty or representation as to the availability, accuracy or completeness of the Content. Neither LangeRug Coffee & Nuts nor any holding company, affiliate or subsidiary of LangeRug Coffee & Nuts, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked Website, even if LangeRug Coffee & Nuts is expressly advised thereof.
The purchase or use of any products or services from this Website is at the Visitor’s risk. The Visitor indemnifies and holds LangeRug Coffee & Nuts harmless against any loss, injury or damages which may be sustained as a result of subscribing to, purchasing or using the products sold on this Website.
UPDATING OF THESE TERMS AND CONDITIONS
LangeRug Coffee & Nuts reserves the rights to change, modify, add or remove portions or the whole of these Terms and Conditions from time to time without prior notification. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the Visitor’s responsibility to periodically check these Terms and Conditions on the Website for changes or updates. The Visitor’s continued use of this Website following the posting of changes or updates will be considered adequate notice of the Visitor’s acceptance to abide by and be bound by these amended Terms and Conditions, including such changes or updates.
CHOICE OF LAW
This Website is controlled, operated and administered by LangeRug Coffee & Nuts from its offices within the Republic of South Africa. Access to the Website from territories or countries where the Content or purchase of the products sold on the Website is illegal, is prohibited. The Visitor may not use this Website in violation of South African export laws and regulations. If the Visitor accesses this Website from locations outside of South Africa, that Visitor is responsible for compliance with all local laws.
Once subscription is activated the subscription continues on a monthly basis and an existing subscription will only be ended through cancellation by the subscriber on provision of written notification, to be received by LangeRug Coffee & Nuts, 7 (seven) business days before the payment date.
In the event of non- payment and/or unsuccessful deduction of the monthly debit order the subscription will be suspended immediately.
REGISTRATION AND USE OF THE WEBSITE
Only registered users may subscribe or purchase Gifts on the Website.
To register as a user, you must provide a unique username and password and provide certain information and personal details to LangeRug Coffee & Nuts. You will need to use your unique username and password to access the Website in order to subscribe and to purchase Gifts.
You agree and warrant that your username and password shall:
be used for personal use only; and
not be disclosed by you to any third party.
For security purposes you agree to enter the correct username and password whenever ordering Gifts or subscribing, failing which you will be denied access.
You agree 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 such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
You agree to notify LangeRug Coffee & Nuts 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.
By using the Website you warrant that you are 18 (eighteen) years of age or older and 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 his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised LangeRug Coffee & Nuts representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise you may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised LangeRug Coffee & Nuts representative.
Gift are available as per the website, for the periods as specified and selected by the customer. Gifts are valid for the period selected from the date of purchase. Gifts cannot be exchanged for cash and has to be paid for in full in advance. Gifts can only be cancelled within 5 (five) days from ordering/selecting the gift (“cooling-off period”). If gifts are cancelled within the cooling-off period a full refund will be made provided no shipment has been sent to the recipient. In the event of cancellation of gifts outside the cooling-off period LangeRug Coffee & Nuts will refund the customer pro-rata, in its discretion.
These Terms and Conditions constitute the entire agreement between LangeRug Coffee & Nuts and the Visitor with regard to the use of the Content and subscription services conducted through/on this Website.
Any review, retransmission, dissemination and/or any other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited.
Please note: Any reference to LangeRug Coffee & Nuts in this disclaimer also implies all subsidiaries and divisions of LangeRug Coffee & Nuts, and their all their employees.
If you have received this message in error, you should destroy it and ensure the sender is notified of such error receipt.
Agreements, conclusions and other information in this message (Terms and Conditions) not related to the official business of LangeRug Coffee & Nuts, shall be understood as neither given, nor endorsed, nor authorised by them. Advise the sender immediately if you or your employer do not consent to internet/email for the purpose of communications of this kind. Reasonable care was taken to transmit this message free of damaging code or viruses; however LangeRug Coffee & Nuts and the sender do not make any warranties in this regard, and cannot be held liable for any loss or damages incurred by the recipient. LangeRug Coffee & Nuts retains the copyright of this message as well as all attachments thereof if this was created by an employee of LangeRug Coffee & Nuts. The sender of this e-mail does not warrant or make any representation that a) this message was in fact send by the sender and b) the sender was authorised to send this message. All aspects related to authentication and authority must please be telephonically confirmed with the sender. Notwithstanding the provisions of the Electronic Communications and Transactions Act 25 of 2002, any agreements concluded with LangeRug Coffee & Nuts, by using electronic correspondence, shall only come into effect once LangeRug Coffee & Nuts indicated such contract formation in writing. All e-mail correspondence forwarded to LangeRug Coffee & Nuts shall be deemed to have been received once LangeRug Coffee & Nuts formally responds thereto and for the avoidance of doubt it is confirmed that an auto-reply shall not satisfy this requirement. This disclaimer shall at all times take precedence over any other disclaimer received by visitors utilising the internet and Web facilities of LangeRug Coffee & Nuts.
By using the Website and by clicking on the “Login/Register” or “Coffee Subscription” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
LangeRug Coffee & Nuts hereby selects LangeRug (CF36) Philadelphia Road, Philadelphia, 7304, South Africa as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). LangeRug Coffee & Nuts 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 LangeRug Coffee & Nuts not less than 7 days’ notice in writing.
- Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –
- by hand will be deemed to have been received on the date of delivery;
- by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
- by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30
or on a day which is not a business day will be deemed to have been received on the following business day; and by email will be deemed to have been 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.