GENERAL TERMS AND CONDITIONS
Welcome to Belles Patisserie website (www.bellespatisserie.co.za) (hereinafter “the website”). The terms and conditions contained on the website will govern your use. Additional terms and conditions apply to online shopping which can be found below.
By using and/or purchasing goods through this website, you (“the user”) acknowledge that you have read and understood these terms and conditions and agree that you are bound by them. If you do not agree to these terms and conditions please do not use our website.
Should you have any questions regarding our general or online shopping terms and conditions you can contact us via email at firstname.lastname@example.org
In terms of the Electronic Communications and Transactions Act 25 of 2002 we must make certain information available to the users on our website which is provided below. A copy of this Act is also available at http://www.saflii.org/za/legis/consol_act/ecata2002427/.
OWNER OF THE WEBSITE: Belles Patisserie.
This website is owned and operated by Belles Patisserie (Pty) Ltd (“Belles Patisserie”) a private company registered in the Republic of South Africa under the registration number [REGISTRATION HERE] which has its registered. This sole director of the company. is [NAME HERE].
The Belles Patisserie has its physical address and chosen domicilium citandi et executandi (service address for legal proceedings) at [ADDRESS HERE]
The Belles Patisserie can be contacted via email at email@example.com.
The Belles Patisserie can be contacted telephonically at [NUMBER HERE]
MAIN BUSINESS OF BELLES PATISSERIE
The Belles Patisserie is a local cakery providing baked treats including but not limited to cakes and cupcakes.
PRICES OF GOODS OFFERED
Prices (inclusive of all taxes, fees and costs) of all standard items can be found on the website by clicking on the specific good on the homepage of this website and by following the instructions.
MANNER AND PERIOD WITHIN WHICH YOU CAN ACCESS A RECORD OF YOUR TRANSACTION
Full details of your transaction will be provided to you in writing via email after your order has been finalised.
PRIVACY & SECURITY OF INFORMATION
We respect your constitutional rights to personal privacy and privacy of communications.
Any private information (e.g. personal, credit card and contact numbers) provided by the users shall only be used for their own needs, will not be sold or made known to third parties without the their consent or unless we are compelled by law to do so and will be kept in the strictest confidence.
Due to information travelling through the internet, we cannot guarantee the absolute security of the protection of your information, however we undertake to ensure that all reasonable efforts are taken that any information provided by you remain protected from third parties.
SECTION 44 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002
Not applicable in terms of Section 42 of Act 25 of 2002.
REVIEW, CORRECT & WITHDRAW
The user shall have the opportunity to review the entire electronic transaction and/or to correct any mistakes and/or withdraw from the transaction 48 hours prior to confirmation of placement of the order, to which a 10% cancellation fee may apply.
If a public discount coupon is available for a specific product on a specific date, no cancellations can be made on any order with that specific product on the date for which the coupon is active.
DISCLAIMER AND EXCLUSION OF LIABILITY
The use of our website is at own risk and save from our liability to you in terms of the Consumer Protection Act 68 of 2008 and the Electronic Communications and Transactions Act 25 of 2002, Belles Patisserie. or any representative of Belles Patisserie shall not be liable to you for any damage (including consequential damages), loss or liability of any nature arising out of the use of this website or the services or content provided from and through the website.
Belles Patisserie makes no representations or warranties of any nature, e.g. express, tacit or implied that the functions and working of the website will be free of error or omissions or that the website or server is free of errors.
The user of this website agrees to indemnify Belles Patisserie against any loss or damage suffered or liability incurred by reason of any act or omission on the part of the user, as permitted by the laws of the Republic of South Africa, in connection with the use of the website and/or the purchase of any goods through the website.
TERMS AND CONDITIONS: UPDATES AND AMENDMENTS
The terms and conditions may be amended by us. These updates and amendments will immediately be effective at time of posting thereof on the website. The user should check the website for any updates from time to time and the continued use of the website shall be considered as acceptance to abide by the amended terms of conditions.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights including but not exhaustive in literary (text, brochures, product specifications, electronic books), artistic works (photographs, drawings and other graphic works), music works (sounds, songs and melodies), sound recordings (recordings of music), cinematograph films (videos) and computer programs currently on the website are owned by or licensed to Belles Patisserie
These rights are protected by the laws of the Republic of South Africa and may not be used without Belles Patisseries prior written consent. Unauthorised use, reproduction or distribution of any content on our website is an infringement of our intellectual property rights.
CHOICE OF LAW & JURISDICTION
The terms and conditions of this website is governed by the laws of Republic of South Africa and the user consents to the jurisdiction of the Magistrate’s Court should a dispute arise.
If any term or condition is found to be contrary to any rule, act or regulation of the laws of the Republic of South Africa such provision shall still be applied to the maximum extent which is permitted by the law. In the event that a provision is in its entirety unenforceable such provision shall be severed from the specific transaction and the remainder of the terms and conditions shall have full legal force and effect.
ONLINE SHOPPING TERMS AND CONDITIONS
By using this website or when sending emails to Belles Patisserie the user consents and acknowledges that all agreements, notices, disclosures and any other communications satisfies all legal requirements.
FORMATION AND VALIDITY OF AGREEMENT
1.1 A binding agreement is concluded with full legal force and effect between the user and Belles Patisserie at the place and at the time and date that Belles Patisserie receives the user’s order via an electronic data message on its server. Thereafter the agreement can only be cancelled with Belles Patisserie’s consent.
1.2 An electronic signature is not required to conclude an agreement with Belles Patisserie
1.3 An acknowledgement of receipt of the user’s order may be sent to the user by Belles Patisserie, but is not a requirement for the conclusion of the agreement.
RISK AND OWNERSHIP
Risk in the products shall pass to the user or their representative on collection thereof. Belles Patisserie will however remain owner of the product until full payment has been received.
METHODS OF PAYMENT
Belles Patisserie accepts payments made by any Visa or MasterCard card, Electronic transfer from any of the major South African banks, as well as with Ozow and
All payments made by card will be deemed to have been paid with immediate effect.
Through submitting your order and card details you warrant that you are authorised to make the payment and that sufficient funds are available to pay for your order.
WHEN WILL THE GOODS BE AVAILABLE FOR COLLECTION?
All online orders must be made 24 hours in advance prior to collection of the goods, which must be collected by the user at the physical address of Belles Patisserie central outlet in Illovo, Johannesburg.
We also offer Delivery costs based on distance for your convenience.
DEFECTS, RETURNS, GUARANTEES AND REFUNDS
We cannot guarantee that all goods featured on this website will always be available. If you are dissatisfied with goods purchased from our website you may return it to Belles Patisserie physical address where a representative of Belles Patisserie must be afforded an opportunity to observe and inspect the goods in question, whereafter Belles Patisserie will in their discretion offer the user a refund, replacement or exchange.
Belles Patisserie is committed to offering quality cakes and treats. Our goal is to ensure that our treats meet or exceed your expectations on quality. If you aren’t satisfied with the quality of your cake that you ordered online or bought in a store, we may replace the item or provide you with a credit coupon as deemed appropriate in line with Belles Patisserie quality control team upon return of the unsatisfactory product.
Belles Patisserie makes every attempt to identify ingredients that may cause an allergic reaction for those with food allergies. However there is always risk of contamination as in our bakery we use products such as milk, eggs, gluten, peanuts, other nuts and seeds. Although we have strict cross contamination policies; we cannot guarantee a total absence of these items in any of our products. Customers with food allergies must be aware of this risk. Belles Patisserie will not assume any liability for adverse reactions from the food consumed, or items one may come in contact with whilst eating any products.