Terms and ConditionsJason

Delivery Areas

South Peninsula

Orders over R250 qualify for free delivery to the following areas within the South Peninsula.

Cape PointCapri VillageCapricorn
ClovellyCosta Da GamaDa Gama Park
Faerie KnoweFish HoekGlencairn and surrounds
Kalk BayKommetjie and surroundsLakeside
MuizenbergNoordhoek and surroundsSimon's Town and surrounds
St. JamesSun ValleySunnydale

Southern Suburbs

Delivery is offered to the following areas within the Southern Suburbs at a delivery fee of R50. All orders over R400 qualify for free delivery.

BergvlietBishopscourtClaremont
ConstantiaDiep RiverHarfield Village
HeathfieldKenilworthKenwyn
KirstenhofKreupelboschMeadowridge
MowbrayNdabeniNewlands
ObservatoryPinelandsPlumstead
RetreatRondeboschRondebosch East
RosebankSteenbergTokai
Wynberg

Northern Suburbs

Delivery is offered to the following areas within the Northern Suburbs at a delivery fee of R150.

BellvilleBrackenfellBrooklyn
DurbanvilleElsie's RiverGoodwood
KensingtonKraaifonteinKuils River
MaitlandMonte VistaPanorama
ParowThornton

Atlantic Seaboard

Delivery is offered to the following areas within the Atlantic Seaboard at a delivery fee of R80.

Bantry BayCamps BayClifton
FresnayeGreen PointHout Bay
LlandudnoMouille PointSea Point
Three Anchor Bay

City Bowl

Delivery is offered to the following areas within the Atlantic Seaboard at a delivery fee of R80.

Bo-Kaap Devil's Peak EstateDe Waterkant
ForeshoreGardensHiggovale
Lower VredeOranjezichtSalt River
KirstenhofKreupelboschMeadowridge
TamboerskloofUniversity EstateVredehoek
Walmer Estate Woodstock Zonnebloem

West Coast

Delivery is offered to the following areas within the West Coast at a delivery fee of R150.

BloubergstrandBothasigEdgemead
MelkbosstrandMilnertonTableview
West BeachParklands

Delivery Notes

  • A street address address must to be provided for delivery as we do not deliver to PO boxes.
  • You will receive an email from us confirming the day and time your order will be delivered.
  • Deliveries take place Monday to Saturday. Sunday deliveries by prior arrangement only.
  • We deliver to the address you have requested in your order. If there is no one available to receive the delivery, Deep South Meat Supplies are not held liable for products being spoiled.

Note: If your orders are placed in time, we will endeavour to have your order ready for collection or delivery on the correct day. However, due to unforeseen circumstances beyond our control, there may be a delay. We will however inform you timeously of the delay.

Version 1.3, 3 November 2016

Agreement of Sale

An agreement of sale only comes into effect if and when:

  • You receive a completed order for one or more products in your cart; and
  • Payment is either authorised, or received by Deep South Meat Supplies, either via EFT (Electronic Funds Transfer), Cash (Cash on Delivery or Collection), Credit Card or Instant EFT. Any orders for which full payment is not received will remain in a “Processing” or “On Hold” state and will not be processed until payment has been received.

Payment

Payment in full is required per order. Deep South Meat Supplies does not offer a credit service.

Payment methods

Your payment for any products ordered from Deep South Meat Supplies must be made via one of the following methods:

  1. EFT (Electronic Funds Transfer)
    • An EFT needs to be made to Deep South Meat Supplies for the TOTAL AMOUNT DUE prior to delivery or collection. Your invoice number should be used as our transfer reference.
    • There is no need to send us the proof of payment, we will inform you once your payment is reflecting in our bank account.
  1. Cash (Cash On Delivery or Collection)
    • Cash for the TOTAL AMOUNT DUE (for your complete order) needs to be made at time of delivery or collection. Part payment does not constitute part delivery or collection.
    • The CORRECT AMOUNT needs to be supplied as change is not provided.
  2. Credit Cards
    • We accept Visa and Mastercard via PayFast’s secure processing service.
    • 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 reserve the right 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 for your order. 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.
  3. Instant EFT
    • Instant EFT is a payment service provided by Payfast, that allows Deep South Meat Supplies customers to pay via EFT without the hassle of a waiting period. This payment option is available to all customers who bank with ABSA, First National Bank, Nedbank or Standard Bank.

Products

Prices

The price of each product is displayed with the product listing. In the event of a sale or special offer, the discounted price is displayed

Errors

Deep South Meat Supplies shall take all reasonable efforts to accurately indicate prices. However, should products be erroneously offered at incorrect prices, Deep South Meat Supplies will not be obliged to sell products at such incorrect prices, but shall refund all monies paid by you in full within 5 working days should you not wish to proceed with the purchase at the correct price.

Product Images vs. Actual Products

The product images on our website are a representation of the products we offer and we cannot guarantee the products will look exactly the same as the image on the product pages.

Portion Sizes

We will endeavour to provide you with the exact weight of the products ordered. However, due to human error, the product portions may be slightly over or under the weight stipulated. However, should there be a large discrepancy, we will gladly refund or supply another product to compensate for this.

Cancellations and Returns

Termination of Sales & Cancellation of Orders

  1. By Us

Deep South Meat Supplies reserves the right, for purposes of preventing suspected fraud, to refuse to accept or process any order until full payment has been received, and/or to cancel any sale concluded, in whole or in part, on notice to you.

  1. By You

You are entitled to cancel any sale concluded prior to making payment. Once payment has been received you will no longer be able to cancel your order unless the delivery or collection is delayed by Deep South Meat Supplies beyond 30 days from the order date, for which you will be refunded.

Returns Policy

Deep South Meat Supplies guarantees quality products and service. Your satisfaction is our first priority. Once a signed delivery note has been received by Deep South Meat Supplies or its third party courier service (by either delivery or collection), the order is non-returnable. However, if for any reason you are dissatisfied with your order, please contact us immediately and we will endeavour to rectify the problem as soon as possible.

You may however reject the entire order if you find, at the time of delivery or collection, that there are incorrect items or items missing. In such cases, we ask you to contact us immediately and allow us to rectify the problem.

Version 1.1, 14 September 2015

In terms of Section 11 of the Electronic Communications and Transaction (ECT) Act 25 of 2002 an the common law of contract, these terms and conditions are valid, binding and enforceable against all persons that access the Deep South Meat Supplies Websites (“THE WEBSITE”), web pages, shop or any part thereof.

If you do not agree to be bound by these terms and conditions you must leave the website(s) immediately as furhter use will automatically bind you to these terms and conditions.

Definitions and Interpretation

a) “the Website” means the Deep South Meat Supplies websites collectively, including services available on and through the websites and furthermore including source code, meta tags, postings and any page, part or element thereof;

b) “Deep South Meat Supplies” includes the owner, operator, host and webmaster of the Website;

c) “User” means any person who enters or uses the Website, notwithstanding the fact that such a person only visits the home page of the Website;

d) References herein to the singular includes the plural and vice versa; and

e) Hyperlinks herein to legal documents should be deemed part of these terms and conditions in terms of section 11(3) of the ECT Act. The fact that some or all of the hyperlinks may, from time to time, be non-operational, shall not affect the validity and interpretation of these terms and conditions.

1. General

Deep South Meat Supplies is an online retailer of frozen and fresh food products.

2. Allowed Use and License

2.1) Deep South Meat Supplies licenses the User to view, download, and print the content of the Website, provided that such content is used for private, personal, educational, and/or non-commercial purposes only.

2.2) Content from the Website may not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of Deep South Meat Supplies.

2.3) Users may only access, browse and use the Website for legitimate personal or commercial purposes and may not use the Website or any Deep South Meat Supplies services and/or products for:

2.3.1) Harmful purposes;

2.3.2) Illegal purposes;

2.3.3) Disclosing, sharing or publishing material that may be offensive, defamatory, regulated, copyrighted, incorrect, untrue, prohibited, infringing or damaging to any person; and/or

2.3.4) The creation, storage and sending of unsolicited commercial communications.

2.4) The caching of the Website shall only be allowed if:

2.4.1) The purpose of the caching is to make the onward transmission of the content from the Website more efficient;

2.4.2) The cached content is not modified in any manner whatsoever;

2.4.3) The cached content is updated at least every 12 (twelve) hours; and

2.4.4) The cached content is removed or updated when so required by Deep Souh Meat Supplies.

2.5) If any User uses content from the Website in breach of the provisions detailed herein:

2.5.1) Deep South Meat Supplies reserves the right to claim damages from the User;

2.5.2) Deep South Meat Supplies reserves the right to institute criminal proceedings against the User; and

2.5.3) Deep South Meat Supplies shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of such content by the User or any third party who obtained any content from the User.

2.6) Users may quote small and reasonable amounts of content available from the Website and only if such a quote is placed in inverted commas and acknowledged.

2.7) No person may, without the prior written consent of the Deep South Meat Supplies, frame the Website in any manner whatsoever.

2.8) Apart from bona-fide search engine operators and use of the search facility provided on the Website by Users, no person may use or attempt to use any technology or applications (including web crawlers, robots or web spiders) to search, collect or copy content from the Website for any purpose whatsoever, without the prior written consent of the Deep South Meat Supplies.

2.9) E-mail addresses, names, telephone numbers, and fax numbers published on the Website may not be incorporated into any database used for electronic marketing or similar purposes. No permission is given or should be implied that information on the Website may be used to communicate unsolicited communications to Deep South Meat Supplies and all rights detailed in section 45 of the ECT Act are reserved.

2.10) All licenses and/or permissions granted in terms of this clause 2 are provided on a non-exclusive and non-transferable basis and may be terminated or cancelled by Deep South Meat Supplies at any time without prior notice or reasons.

3. Intellectual Property Rights

3.1) All intellectual property on the Website, including but not limited to content, trademarks (or any confusingly similar trademarks), logos, pictures, video, downloads, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of or licensed to Deep South Meat Supplies and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in clause 2, all other rights to intellectual property on the Website are expressly reserved.

3.2) No person may use logos, icons, or trade marks from the Website as hyperlinks or other purposes without Deep South Meat Supplies prior written consent.

4. Software and Equipment

It is the responsibility of the User to acquire and maintain, at his/her own expense, the necessary computer hardware, software, communication lines and Internet access accounts required to access the Internet and the Website and/or download content from the Website.

5. Disclosures Required By Section 43 of the ECT Act

These terms and conditions as well as product and / or service specific terms and conditions govern the sale of goods and / or the provision of services from or through the Website.

Access to the services, content, software and downloads available from the Website may be classified as “electronic transactions” as defined in terms of the ECT Act and therefore Users have the rights detailed in Chapter 7 of the ECT Act and Deep South Meat Supplies has, amongst others, the duty to disclose the following information:

5.1) The full name and legal status of the website owner: Deep South Meat Supplies. Sole Proprietor;

5.2) Street address: 5 Shetland Close, Capri Village, Cape Town, 7975, South Africa;

5.3) Postal address: PO Box 2102, Sun Valley, Cape Town, 7985, South Africa;

5.4) Physical address for receipt of legal service: see 5.2 above;

5.5) Telephone number: +27 72 024 5476

5.6) Main business: Deep South Meat Supplies is an online retailer of frozen and fresh food products.

5.7) The website address of the Website is: http://www.deepsouthmeats.co.za

5.8) The official e-mail address of the Website is: info@deepsouthmeats.co.za

5.9) Alternative dispute resolution: Subject to urgent and/or interim relief, all disputes regarding:

5.10.1) access to the Website;

5.10.2) the inability to access the Website;

5.10.3) the services and content available from the Website; or

5.10.4) these terms and conditions,

shall be referred to arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa and such arbitration proceedings shall be conducted in Cape Town in English. The arbitration ruling shall be final and the unsuccessful party shall pay the costs of the successful party on a scale as between attorney and own client. The expedited rules of the Arbitration Foundation of South Africa may be downloaded from the following website: http://www.arbitration.co.za; and

5.10      Users may lodge complaints concerning the Website with Deep South Meat Supplies at info@deepsouthmeats.co.za

6. Changes and Amendments

6.1) Changes to the terms and conditions will be advertised via a blog post on our website.

6.2) Deep South Meat Supplies reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice or justification:

6.2.1) change the content and/or services available from the Website;

6.2.2) discontinue any aspect of the Website or service(s) available from the Website; and/or

6.2.3) change the software and hardware required to access and use the Website.

7. Privacy

7.1) Deep South Meat Supplies shall take all reasonable steps to protect the personal information of Users and for the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA).

7.2) Deep South Meat Supplies may electronically collect, store and use the following personal information of Users:

7.2.1) name and surname;

7.2.2) area code;

7.2.3) street address;

7.2.4) postal address;

7.2.5) title;

7.2.6) contact numbers;

7.2.7) non-personal browsing habits and click patterns;

7.2.8) e-mail address; and / or

7.2.9) IP address.

7.3) Deep South Meat Supplies collects, stores and uses the above mentioned information for the following purposes:

7.3.1) Communicate requested information to the User;

7.3.2) Provide services to the User as requested by the User;

7.3.3) Authenticate the User;

7.3.4) Provide the User with access to restricted pages on this website; and

7.3.5) Compile non-personal statistical information about browsing habits, click-patterns, and access to the Website.

7.4) Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings.

7.5) Deep South Meat Supplies may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:

7.5.1) Deep South Meat Supplies shall not disclose personal information from Users unless the User consents thereto;

7.5.2) Deep South Meat Supplies shall disclose personal information without the User’s consent only through due legal process; and

7.5.3) Deep South Meat Supplies may compile, use and share any information that does not relate to any specific individual.

7.6) Deep South Meat Supplies own and retain all rights to non-personal statistical information collected and compiled by Deep South Meat Supplies.

8. Hyperlinks To Third Party Sites

8.1) Deep South Meat Supplies may provide hyperlinks to websites not controlled by Deep South Meat Supplies (“target sites”) and such hyperlinks do not imply any endorsement, agreement on or support of the content, products, and/or services of such target sites.

8.2) Deep South Meat Supplies does not editorially control the content, products and/or services on target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access and or use, or content available on or through target sites.

9. Security

9.1) Deep South Meat Supplies shall take all reasonable steps to secure the content of the Website and the information provided by and collected from Users from unauthorised access and/or disclosure. However, Deep South Meat Supplies do not make any warranties or representations that content shall be 100% safe or secure.

9.2) Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, Deep South Meat Supplies is under no legal duty to encrypt any content or communications from and to Users and is also under no legal duty to provide digital authentication of any pages on the Website.

9.3) Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, robots or spy ware, to the Website or the server and computer network that support the Website.

9.4) Notwithstanding criminal prosecution, any person who delivers or attempts to deliver any damaging code to the Website, whether on purpose or negligently, shall, without any limitation, indemnify and hold Deep South Meat Supplies harmless against any and all liabilities, damages, risks and losses that Deep South Meat Supplies and its partners / affiliates may suffer as a result of such delivery, attempt or damaging code.

9.5) Users may not develop, distribute, or use any device or programme designed to breach or overcome the security measures of the restricted pages, products and services on the Website and Deep South Meat Supplies reserves the right to claim damages from any and all persons involved, directly and indirectly, in the development, use and distribution of such devices or programmes.

9.6) Users who commit any of the offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liabilities, losses, destruction or damages suffered and/or incurred by Deep South Meat Supplies and its partners / affiliates due to or related to these illegal actions.

10. Disclaimer and Limitation of Liability

10.1) Subject to the provisions of sections 43(5) and 43(6) of the ECT Act, if applicable, and as far as allowed by law, Deep South Meat Supplies (including its owners, employees, suppliers, Internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:

10.1.1) access to the Website;

10.1.2) access to websites linked to the Website;

10.1.3) inability to access the Website;

10.1.4) inability to access websites linked to the Website;

10.1.5) content available on the Website;

10.1.6) content posted to the Website by Users;

10.1.7) services available from the Website;

10.1.8) products available from the Website;

10.1.9) downloads and use of content from the Website; and/or

10.1.10) any other reason not directly related to Deep South Meat Supplies gross negligence.

10.2      The Deep South Meat Supplies website is supplied on an “as is” basis and has not been compiled to meet the User’s individual requirements. It is the responsibility of the User to satisfy him or herself, prior to entering into this agreement with Deep South Meat Supplies, that the content available from and through the Website meet the User’s individual requirements and is compatible with the User’s computer hardware and/or software.

10.3) Information, ideas and opinions expressed on the Website should not be regarded as professional advice or the official opinion of Deep South Meat Supplies and Users are encouraged to consult professional advice before taking any course of action related to the information, ideas or opinions expressed on the Website.

10.4) Deep South Meat Supplies does not make any warranties or representation that content and services available from the Website shall in all cases be true, correct or free from any errors. Deep South Meat Supplies shall take all reasonable steps to ensure the quality and accuracy of content available from the Website.

10.5) Deep South Meat Supplies does not make any warranties or representations that the Website shall be available at all times. Users acknowledge that the Website may be unavailable due to updates or other causes beyond the reasonable control of Deep South Meat Supplies, including, but not limited to virus infection, unauthorised access (hacking), power failure or other “acts of God.”

10.6) Deep South Meat Supplies shall not be liable for any damage, loss, risk, liability or danger resulting from the advertising of any products or services, the review of any products or service, any product or service endorsement or any comments on products and services submitted by Users.

11. Removal and Correction of Content

Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing, and/or harmful content available from the Website to Deep South Meat Supplies and Deep South Meat Supplies undertakes to correct and/or remove such content or any part thereof if the person reporting such content provided reasonable grounds to prove the alleged nature of the content.

12. Interception of Communications

12.1) Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to Deep South Meat Supplies’ right to intercept, block, filter, read, delete, disclose and use all communications (including all “data messages” as defined in the ECT Act) sent or posted by the User to the Website, its staff and employees. The RIC Act may be read at: http://www.acts.co.za/regulation-of-interception-of-communications-and-provision-of-communication-related-information-act-2002/

12.2) The User agrees and acknowledges that the consent provided by the User in clause 12.1 satisfies the “writing” requirement as detailed in the ECT Act and the RIC Act.

13. Entire Agreement and Severability

13.1) These terms and conditions constitute the entire agreement between Deep South Meat Supplies and the User and shall take precedent over any disclaimers and/or legal notices attached to any communications and/or postings received by Deep South Meat Supplies from the User.

13.2) Any failure by Deep South Meat Supplies to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.

13.3) In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.

14. Agreement in Terms of Section 21 of the ECT Act

The User and Deep South Meat Supplies agree that:

14.1) the User shall be bound to these term and conditions and such agreement is concluded in Cape Town (South Africa) at the time the User enters the Website for the first time;

14.2) data messages (as defined in the ECT Act) addressed by the User to Deep South Meat Supplies shall only be deemed to have been received if and when responded to;

14.3) data messages (as defined in the ECT Act) addressed to the User by Deep South Meat Supplies shall be deemed to be received by the User as detailed in section 23(b) of the ECT Act;

14.4) data messages (as defined in the ECT Act) addressed by the User to Deep South Meat Supplies shall be deemed to have been created and sent by the User from within the geographical boundaries of South Africa;

14.5) electronic signatures, encryption and/or authentication is not required for valid electronic communications between the User and the Deep South Meat Supplies; and

14.6) the User agrees and warrants that data messages that are sent to Deep South Meat Supplies from a computer, IP address, or mobile device normally used by or owned by the User, was sent and/or authorised by the User personally.

15. Legal Costs

Deep South Meat Supplies shall not be liable for costs incurred by Users to obtain professional advice relating to these terms and conditions.

Version 1.0, 22 August 2015