Please review the terms of use of this site carefully
Your use of this site indicates your acceptance of these terms and your agreement to follow and be bound by them. Do not use the site if you do not agree to be bound by these terms. We may periodically change the terms, without notice, so kindly check them from time to time as your continued use of the site signifies your acceptance of any changed terms.

Introduction
Welcome and thank you for using the Burchells Gourmet Africa Foods site ("the site"). The site is owned by Burchells Gourmet Africa Foods ("Burchells Gourmet Africa Foods" of De Breede Estate, Worcester 6850.

The site is hosted and managed in the Republic of South Africa and promotes the sale of Burchells Gourmet Africa Foods products and other branded products ("the Products"). Purchases made from the site are subject to the terms and conditions of this Agreement, to the exclusion of all other terms. By shopping or browsing on this site, you acknowledge that you have read, understood and agreed to be bound by this Agreement, and the other policies displayed on this site.

Information
While we make reasonable efforts to provide accurate and timely information about Burchells Gourmet Africa Foods on this site, you should not assume that the information provided is always current or that this site contains all the relevant information available.
 

Your Comment
We value the comments, ideas, suggestions and feedback disclosed, submitted or offered by you on, by or in connection with your use of the site ("Comments"), but the Burchells Gourmet Africa Foods shall not be obliged to respond to, maintain or compensate you in any way whatsoever for your Comments. Once disclosed, submitted or offered, your Comments shall become the property of Burchells Gourmet Africa Foods. Burchells Gourmet Africa Foods will thus exclusively own all such rights, title and interests in the Comments and shall not be limited in any way in its use, commercial or otherwise, of any of the Comments.

You warrant that the Comments disclosed, submitted or offered by you to the site do not and will not violate any right of any third party, including copyright, trademark, privacy or any other personal or proprietary right. You agree not to disclose, submit or offer any Comments that will be or will contain any defamatory, unlawful, abusive or obscene material. Burchells Gourmet Africa Foods disclaim any liability towards any third party regarding your Comments and you shall remain accountable towards any third party regarding the contents of your Comments.

 

Product Sales and Availability
All products displayed on this site are subject to availability and will be delivered only within the Republic of South Africa. All prices displayed on the site are quoted in South African Rands and are valid and effective only in the Republic of South Africa. Burchells Gourmet Africa Foods reserve the right without prior notice to discontinue or change specifications on products and services offered on this site without incurring any obligations.

 

Privacy Policy

Burchells Gourmet Africa Foods does not sell or rent personal information about individual members (such as name, address, email address, telephone or fax number) to third parties. We do however reserve the right to disclose information regarding our members and usage of the site to each other and, amongst others, business partners and affiliates, including, but not limited to, Burchells Gourmet Africa Foods, its advertisers, suppliers and other selected third parties. Burchells Gourmet Africa Foods may disclose personal information in response to a specific request by a law enforcement agency, subpoena, court order, or as required by law.

Intellectual Property
Burchells Gourmet Africa Foods retains all copyright in all material, including logos and other graphics, which form part of the site.
All data and information communicated to or from the site and/or any site information and database remain and shall be the sole property of Burchells Gourmet Africa Foods.

Burchells Gourmet Africa Foods grants you permission to view, electronically copy and print in hard copy portions of the site for the sole purpose of browsing the site and placing an order with Burchells Gourmet Africa Foods, for your personal use only.

 

Any other use of materials on the site, including a reproduction for purposes other than those noted above, modification, distribution or reproduction, without the prior written consent of Burchells Gourmet Africa Foods and the lawful trademark and/or copyright owner (if applicable) is strictly prohibited and constitutes an unlawful infringement of the intellectual property rights of Burchells Gourmet Africa Foods and/or such trademark and/or copyright owner.

 

Trademarks
"Burchells", "Gourmet Africa", the Burchells Gourmet Africa Foods logo and all other marks, logos and trade names appearing on this site are trade marks of Burchells Gourmet Africa Foods in the Republic of South Africa and in certain other countries. Nothing contained on this site should be construed as granting, by implication or otherwise, any license or right to use any of the trademarks displayed on this site without the express prior written consent of Burchells Gourmet Africa Foods. Your use of any of the trademarks displayed on the site or in any of its contents, is strictly prohibited. You may not copy, reproduce, publish, upload, post, transmit, distribute or modify any of the trademarks appearing on this site. You further undertake not to infringe any right of Burchells Gourmet Africa Foods in respect of such trademarks. For the purpose hereof, the use of the trademarks on any other web site or networked computer environment is prohibited. All rights not expressly granted are reserved.

 

Advertising and Links
External hyperlinks may be provided on the site. You shall not interpret such hyperlinking as constituting any relationship between the Burchells Gourmet Africa Foods and any linked third party or any endorsement by Burchells Gourmet Africa Foods of such third party and use of or reliance on any external links provided is at your own risk.

Advertising and other promotional material will appear on the site from time to time. You shall not interpret such advertising or promotional material as constituting any relationship between Burchells Gourmet Africa Foods and any third party placing such advertising or promotional material on the site or any endorsement by Burchells Gourmet Africa Foods of such third party and use of or reliance on any such material is entirely at your own risk.

 

Disclaimers and Exclusions of Liability
You expressly agree that use of the site or the Internet is entirely at your own risk. The site and its contents are provided on an "as is" and "as available" basis and Burchells Gourmet Africa Foods makes no representations or warranties of any kind, whether express or implied, including without limitation with respect to the site, its contents, the accuracy thereof, or any warranties or representations regarding the effectiveness of any security or encryption facilities or with regard to the availability of products and/or delivery arrangements and times.

Burchells Gourmet Africa Foods disclaim all representations and warranties, including but not limited to warranties as to the availability, accuracy or content of information, products or services, and warranties of merchantability or fitness for a particular purpose of information, goods or services.

Burchells Gourmet Africa Foods does not warrant that the functions provided by the site will be uninterrupted or error free, or that the site or the server that makes it available are free from viruses or other harmful components.
Save as expressly set out herein, Burchells Gourmet Africa Foods shall under no circumstances whatsoever be liable to you, including without limitation, as a result of or in connection with Burchells Gourmet Africa Foods' negligent (including grossly negligent) acts or omissions or those of their employees, agents or designees or other persons for whom in law they may be liable (in whose favour this constitutes a contract or undertaking for their benefit), for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused (whether arising under contract, delict or otherwise and whether the loss was actually foreseen or reasonably foreseeable), sustained by you, the recipient of the Products or services, or any other person arising from or as a result of any sale concluded in terms of this Agreement, the delivery, non-delivery, incorrect, erroneous or late delivery, the use, possession or consumption of the products or services.

Burchells Gourmet Africa Foods, their directors, employers, designees, agents, representatives, affiliates and suppliers shall not be liable for any loss, damage (whether direct, indirect or consequential) or expense of any nature whatsoever which may be suffered as a result of or which may be attributable, directly or indirectly, to the use of or reliance upon the site (including any information contained thereon) or the Internet.
You will indemnify Burchells Gourmet Africa Foods and keep them fully indemnified from and against any loss or damage suffered or liability incurred, including without limitation in respect of any claim or demand by any third party by reason of any act or omission on your part or that of any family member, agent or representative acting on your behalf in connection with transactions concluded on the site and/or in terms of this Agreement and/or in relation to receipt of Products or services supplied by Burchells Gourmet Africa Foods pursuant to any such order.

 

Notwithstanding any other provisions contained herein, Burchells Gourmet Africa Foods' liability whether in contract or delict arising from any breach of any obligation in terms of this Agreement, negligence or otherwise shall not exceed at any time more than double the monetary value of the order in respect of which any such dispute or claim arises.

 

General Terms
The content contained on the site may be used by you for your own personal, non-commercial shopping and information purposes only.
In using the site you agree not to infect it with any computer programming (such as a virus) that may damage, interfere with, delay or intercept any data or information on the site and you shall indemnify Burchells Gourmet Africa Foods for any damage caused by any such act attributable to you.
Burchells Gourmet Africa Foods may suspend the site or any part thereof  if Burchells Gourmet Africa Foods should determine that you are not using the site in compliance with this agreement or if Burchells Gourmet Africa Foods believe the information provided by you is untrue, inaccurate or incomplete.

In any provision of this Agreement is unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining terms.

 

This Agreement constitutes the whole agreement between the parties relating to the subject matter hereof.

Any indulgence of extension of time granted by Burchells Gourmet Africa Foods to you shall not be construed as a waiver or variation of any of our rights or remedies.

 

At the option of Burchells Gourmet Africa Foods, any dispute arising out of the Agreement may be brought in any Magistrates' Court of competent jurisdiction notwithstanding that the amount in issue may exceed the jurisdiction of such court.

 

This Agreement is governed by the laws of the Republic of South Africa.

 

Risk and Ownership
Risk in the Products shall pass to you upon delivery at the delivery address or to the person accepting delivery on your behalf, if for instance you should not be available to take delivery at the delivery address.
Until payment is received in full for any goods sold, ownership in the Products shall remain with Burchells Gourmet Africa Foods and such Products shall be returned and/or surrendered to Burchells Gourmet Africa Foods following receipt of a default notice from Burchells Gourmet Africa Foods.