FOOD & BEVERAGE – TERMS AND CONDITIONS

1. INTRODUCTION

These Terms and Conditions govern the use of the Food & Beverage website, www.foodandbeverage.co.za, and the purchase and delivery of products through the website.

By accessing, browsing, registering on, or purchasing products through the website, you agree to be bound by these Terms and Conditions.

If you do not agree with these Terms and Conditions, please do not use the website or place an order. Food & Beverage reserves the right to amend these Terms and Conditions from time to time.

Any changes will be published on this page and will apply from the date of publication.

2. ABOUT FOOD & BEVERAGE

Food & Beverage operates an online ordering and delivery platform through which customers may purchase selected food, beverages and related products.

The website currently provides delivery services primarily around Rustenburg and surrounding areas, subject to the delivery areas and conditions displayed on the website at the time of ordering.

The business’s full legal details, including its registered name, registration number,  contact details   should be displayed on the website.

Business Legal Name: Food and beverage

Registration Number: 2026/50277/07

Email: info@foodandbeverage.co.za

Telephone: [067 059 6306]

3. ELIGIBILITY TO USE THE WEBSITE

Customers must provide accurate and complete information when creating an account or placing an order. Customers purchasing or receiving alcoholic beverages must be 18 years or older.

Food & Beverage reserves the right to request valid identification, including an identity document, passport or driver’s licence, before completing or delivering an alcohol order.

If a customer cannot provide acceptable proof of age, the order may be refused or cancelled. A person may not purchase alcohol on behalf of a person under the age of 18.

4. ALCOHOL SALES AND AGE VERIFICATION

Food & Beverage takes the responsible sale and delivery of alcohol seriously. Alcoholic products may only be purchased and received by persons who are legally permitted to possess and consume alcohol.

The person receiving an alcohol delivery may be required to present valid identification. If the person receiving the order:

• is under 18 years of age;

• refuses to provide identification when requested;

• provides identification that cannot reasonably be verified; • appears intoxicated; or

• does not meet applicable legal requirements,

Food & Beverage or its delivery agent may refuse to complete the delivery.

Where delivery is refused for legal or safety reasons, the order may be cancelled in accordance with the Cancellation and Refund provisions of these Terms. Food & Beverage reserves the right to comply with all applicable national and provincial liquor laws and regulations.

5. CUSTOMER ACCOUNTS

Customers may create an account to place orders, view order history and receive account credits where applicable.

Customers are responsible for maintaining the confidentiality of their login details. Customers must immediately notify Food & Beverage if they believe their account has been accessed without permission.

Food & Beverage reserves the right to suspend or terminate accounts where there is evidence of fraud, abuse, misuse of the website or violation of these Terms and Conditions.

6. PRODUCT INFORMATION

Food & Beverage makes reasonable efforts to ensure that product descriptions, images, prices, quantities and availability displayed on the website are accurate. Product images are provided for illustrative purposes and may differ slightly from the actual product packaging. Product availability may change without notice.

Where a product becomes unavailable after an order has been placed, Food & Beverage may contact the customer regarding an alternative product or cancellation of the affected item.

7. PRICES

All prices displayed on the website are in South African Rand (ZAR). Prices are subject to change without prior notice. The applicable price for an order is the price displayed at the time the customer completes the purchase, subject to correction of obvious pricing errors.

Delivery charges, where applicable, will be displayed during the checkout process or otherwise communicated to the customer before the order is completed.

8. ORDERS

When a customer places an order through the website, the customer is making a request to purchase the selected products. An order is not considered finally accepted until Food & Beverage has confirmed the order.

Food & Beverage reserves the right to:

• accept or reject an order; • limit quantities;

• correct obvious pricing or product errors;

• cancel an order where products are unavailable;

• cancel an order where payment cannot be verified;

• refuse an order where legal requirements cannot be satisfied; or

• refuse an order where there is suspected fraud or misuse.

If an order is cancelled after payment has been made, the applicable amount will be handled in accordance with the Refund and Account Credit Policy below.

9. PAYMENT

Food & Beverage may offer online payment methods made available through its selected payment service provider. Customers are responsible for ensuring that payment information supplied during checkout is accurate.

An order may only be processed once payment has been successfully authorised or otherwise confirmed. Food & Beverage does not store complete bank-card information unless expressly stated in its Privacy Policy and permitted by applicable law.

10. DELIVERY

Food & Beverage provides delivery services within selected areas around Rustenburg. The delivery area, delivery fee and estimated delivery time may depend on the customer’s delivery address.

Although Food & Beverage may advertise fast delivery, including delivery within approximately 60 minutes, delivery times are estimates and are not guaranteed.

Delivery times may be affected by:

• traffic;

• weather;

• road conditions;

• high order volumes;

• product availability;

• incorrect customer information;

• customer unavailability;

• public holidays;

• unforeseen circumstances; or

• other circumstances outside the reasonable control of Food & Beverage.

Customers must provide a complete and accurate delivery address and contact number.

11. FAILED OR REFUSED DELIVERY

A delivery may be refused or cancelled where:

• the customer cannot be contacted;

• the customer is not available to receive the order;

• the delivery address is incorrect;

• the customer refuses to provide required identification;

• the recipient is under 18;

• the recipient appears intoxicated;

• the order contains alcohol and legal delivery requirements cannot be satisfied; or

• delivery cannot reasonably be completed for safety or legal reasons.

Where delivery fails because of incorrect information supplied by the customer or because the customer is unavailable, an additional delivery fee may apply if a second delivery is arranged.

12. CANCELLATION OF ORDERS

Customers should contact Food & Beverage as soon as possible if they wish to cancel an order. Once an order has been prepared, dispatched or delivered to the courier/delivery driver, cancellation may no longer be possible.

Food & Beverage may cancel an order where products are unavailable, payment is unsuccessful, age verification cannot be completed, delivery cannot legally be completed, or there is suspected fraud or misuse.

Any amount due following a permitted cancellation will be handled in accordance with the Refund and Account Credit Policy. Nothing in this section limits any cancellation rights that cannot lawfully be excluded under applicable South African law.

13. REFUNDS AND ACCOUNT CREDITS

Food & Beverage’s preferred method of resolving eligible refunds is through an account credit. Where a refund is approved and where permitted by applicable law, the approved amount will normally be credited to the customer’s Food & Beverage account rather than paid directly to the customer’s bank account or in cash.

Account credits may be used toward future purchases made through the Food & Beverage website, subject to these Terms and Conditions. Account credits are not transferable between customers and may not be exchanged for cash, except where applicable law requires otherwise.

Examples of circumstances where an account credit may be considered include:

• an item paid for but unavailable;

• an incorrect item supplied;

• an item missing from an order;

• an order cancelled by Food & Beverage after payment;

• an approved delivery-related adjustment; or

• another situation where Food & Beverage determines that an account credit is appropriate.

Customers must report missing, incorrect, damaged or defective products as soon as reasonably possible after delivery and provide sufficient information or evidence to allow Food & Beverage to investigate the complaint.

Nothing in this Refund Policy is intended to exclude, restrict or waive any consumer right or remedy that is required by the Consumer Protection Act or any other applicable law. Where applicable law requires a refund or another remedy, Food & Beverage will comply with that legal requirement.

 

14. DAMAGED, INCORRECT OR MISSING PRODUCTS

Customers should inspect their order upon delivery. If an item is missing, damaged or incorrect, the customer should contact Food & Beverage as soon as reasonably possible. Food & Beverage may request photographs, order information, delivery information or other reasonable evidence to investigate the complaint.

Depending on the circumstances, Food & Beverage may provide an appropriate remedy, which may include replacement, account credit or another remedy required by applicable law.

 

15. CONSUMER RIGHTS

Nothing in these Terms and Conditions is intended to remove or reduce rights provided to consumers under South African law.

Where the Consumer Protection Act, Electronic Communications and Transactions Act, liquor legislation, POPIA or any other applicable legislation provides a consumer with a right or remedy, that right or remedy remains applicable.

 

16. PRIVACY AND PERSONAL INFORMATION

Food & Beverage may collect and process personal information necessary to operate the website and provide its services.

This may include information such as:

• name and surname;

• telephone number;

• email address;

• delivery address;

• order information;

• payment-related information;

• account information; and

• information required for age verification where legally permitted or required.

Personal information will be processed in accordance with applicable South African privacy legislation, including the Protection of Personal Information Act (POPIA).

Customers should read the Food & Beverage Privacy Policy for detailed information regarding the collection, use, storage and protection of personal information.

 

17. ELECTRONIC COMMUNICATIONS

By using the website or placing an order, customers agree that Food & Beverage may communicate with them electronically regarding:

• order confirmations;

• payment confirmations;

• delivery updates;

• account information;

• customer service matters; and

• other communications necessary to provide the requested service.

Marketing communications will be handled in accordance with applicable law and the customer’s applicable communication preferences.

 

18. WEBSITE AVAILABILITY

Food & Beverage will make reasonable efforts to keep the website available and functioning.

However, the website may occasionally be unavailable because of:

• maintenance;

• technical problems;

• hosting problems;

• internet failures;

• security incidents;

• software updates; or

• circumstances outside Food & Beverage’s reasonable control.

Food & Beverage does not guarantee uninterrupted access to the website.

 

19. PROHIBITED USE

Customers may not use the website:

• for fraudulent purposes;

• to place fraudulent orders;

• to impersonate another person;

• to provide false information;

• to attempt to obtain alcohol for a person under 18;

• to interfere with the website;

• to introduce malicious software;

• to gain unauthorised access to systems or accounts; or

• for any unlawful purpose. Food & Beverage reserves the right to suspend or terminate access where these Terms are breached.

 

20. INTELLECTUAL PROPERTY

Unless otherwise stated, the content of the Food & Beverage website, including its branding, logos, text, graphics, photographs, design and other materials, is owned by or licensed to Food & Beverage.

Customers may not reproduce, copy, distribute, modify or commercially exploit website content without prior written permission.

21. THIRD-PARTY SERVICE PROVIDERS

Food & Beverage may use third-party service providers to facilitate services including:

• online payments;

• website hosting;

• delivery;

• communications;

• analytics;

• security; and

• other technical services.

Where third-party services are used, customers may also be subject to the applicable third party’s terms and conditions.

 

22. LIMITATION OF LIABILITY

Food & Beverage will take reasonable steps to provide reliable products and delivery services. However, to the extent permitted by law, Food & Beverage will not be responsible for losses caused by circumstances outside its reasonable control.

Nothing in these Terms excludes liability that cannot legally be excluded or limits any consumer right that cannot legally be limited.

23. FORCE MAJEURE

Food & Beverage will not be responsible for delays or failure to perform its obligations where the circumstances are caused by events beyond its reasonable control.

Such events may include natural disasters, severe weather, road closures, power failures, internet failures, strikes, civil disturbances, government restrictions, system failures or other unforeseen events.

 

24. COMPLAINTS

Customers who have a complaint should first contact Food & Beverage directly using the contact details provided on the website.

When submitting a complaint, customers should provide:

• their name;

• order number;

• contact details;

• date of the order;

• description of the issue; and

• any supporting evidence or photographs where relevant.

Food & Beverage will make reasonable efforts to investigate and resolve complaints.

 

25. GOVERNING LAW

These Terms and Conditions are governed by the laws of the Republic of South Africa. Any dispute will be dealt with in accordance with applicable South African law and the appropriate legal or dispute-resolution processes.

26. SEVERABILITY

If any provision of these Terms and Conditions is found to be invalid, unlawful or unenforceable, that provision will be interpreted or removed to the extent necessary, and the remaining provisions will continue to apply.

27. ENTIRE AGREEMENT

These Terms and Conditions, together with the Food & Beverage Privacy Policy and any other policies expressly incorporated into the website, constitute the agreement governing the customer’s use of the website and ordering services.

 

28. CONTACT US

For questions, complaints, order issues or other enquiries, please contact Food & Beverage using the contact information published on the website.

Food & Beverage Website: www.foodandbeverage.co.za

Email: info@foodandbeverage.co.za

Telephone: 067 059 6306

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