1. Introduction
    1. This website can be accessed at www.Coffee Crazy.co.za on various devices and desktops (the “Website”) and is owned and operated by Coffee Crazy (Proprietary) Limited (“Coffee Crazy”, “we”, “us” and “our”).
    2. These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.
    3. These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your”, “user” or “purchaser”, as the case may be), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website,  as may be applicable, you acknowledge that you have read and agree to be bound by these the Terms and Conditions.
    4. The Website enables you to shop online for an extensive range of goods including “coffee beans, sweetener, milk alternatives and related products.  (“Goods”).

 

  1. Important Notice
    1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
    2. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
      1. may limit the risk or liability of Coffee Crazy or a third party; and/or
      2. may create risk or liability for the user; and/or
      3. may compel the user to indemnify Coffee Crazy or a third party; and/or
      4. serves as an acknowledgement, by the user, of a fact.
    3. Your attention is drawn to these Terms and Conditions because they are important and may have an impact on consumer and other rights, and thus should be carefully noted.
    4. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Coffee Crazy to explain such provisions and the impact thereof to you before you accept the Terms and Conditions or continue using the Website, whether simply to browse the Website, for the purpose of purchasing any of the Goods, or any other reason whatsoever. 
    5. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any rights or obligations, as the case may be, created for either you or Coffee Crazy in terms of the CPA.
    6. Coffee Crazy permits users 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 of the Terms and Conditions unconditionally. You may not use this Website if you do not agree to the Terms and Conditions.
  2. Returns
    1. Goods correctly supplied by Coffee Crazy to the Purchaser in accordance with the Purchaser’s instructions may not be returned for a refund, unless otherwise agreed upon in writing, and on a case-by-case basis.
    2. Should Coffee Crazy agree to a return of Goods in lieu of credit, then Coffee Crazy shall be entitled, without any further agreement to claim from the Purchaser, a handling charge of 25% (twenty five per centum) of the invoice price of the goods being returned,, which payment shall be made prior to Coffee Crazy accepting said return.

 

    1. Before any Goods may be returned for credit, written authorisation must be obtained from a duly authorised Coffee Crazy representative.  Goods must be sent to Coffee Crazy by the Purchaser under cover of a suitable returns note, duly authorised, together with a copy of Coffee Crazy’s original invoice or delivery note specifying the full reason for return and details of any replacement equipment ordered.

 

    1. Any authorisation for returns shall be subject to final acceptance after thorough inspection and testing of the returned goods.  Equipment considered for return must be unused and in a resalable condition and acceptable for the purposes of being resold. Credit shall only be provided to purchasers who are also registered users of the website.

 

    1. Any Goods which are returned, but which do not meet the requirements as set out in clause 3.4 above, will result in the Purchaser immediately forfeiting the credit.
  1. Registration and use of the website
    1. One need not be a registered user to purchasers Goods off the Website.
    2. To register as a user, you must provide a unique username and password and provide certain information and personal details to Coffee Crazy. You will need to use your unique username and password to access the Website in order to purchase Goods.
    3. You agree and warrant that your username and password shall:
      1. be used for personal use only; and
      2. not be disclosed by you to any third party.
    4. For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
    5. 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.

 

    1. You agree to notify Coffee Crazy 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.
    2. 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) years 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.

 

    1. 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 Coffee Crazy representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
    2. You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
    3. 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 Coffee Crazy representative.
  1. Conclusion of sales and availability of stock
    1. Coffee Crazy make no warranty that it is the owner of the Goods, and does not warrant that any and all purchase of the Goods will be satisfied.
    2. The user acknowledges and accepts that the successful delivery of purchased goods shall be subject to the availability of the goods by and/or with Coffee Crazy and/or the Third Party Seller, and further subject to availability and timelines of the company responsible for the delivery of the Goods (“the Courier”).
    3. Registered users may place orders for Goods, which Coffee Crazy or a third party supplier of various goods, as the case may be (“the Third Party Seller”) may accept or reject, and which acceptance may be subject to delays. Whether or not Coffee Crazy or the Third Party Seller accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by Coffee Crazy, for the Goods.
    4. NOTE: Coffee Crazy or the Third Party Seller will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and Coffee Crazy or the Third Party Seller come into effect (the “Sale”). This is regardless of any communication from Coffee Crazy and/or the Third Party Seller stating that your order or payment has been confirmed, and/or that the Goods shall be delivered, whether on a specified date, or otherwise. Coffee Crazy will indicate the rejection of your order (by Coffee Crazy itself, the Third Party Seller or the Courier) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid. Note that should the delivery of the Goods be made impossible, or subject to delays as a result of the user’s negligence, or otherwise, that no amounts whatsoever shall be refunded by Coffee Crazy to the purchaser/user.

 

    1. Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may return the Goods only in accordance with clause 3 above (Returns).

 

    1. Placing Goods in a wishlist or shopping basket (as the case may be) without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket  if stock is no longer available or should the price thereof change, without notice to you. You cannot hold Coffee Crazy or the Third Party Seller liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
    2. You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by Coffee Crazy, Coffee Crazy will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee complete and exact availability of stock. When Goods are no longer available after you have placed an order, Coffee Crazy will notify you and you will be entitled to a refund of any amount already paid by you for such Goods. 

 

    1. In the case of Goods for sale by a Third Party Seller, Coffee Crazy relies on inventory information supplied by the relevant Third Party Seller and Coffee Crazy accordingly bears no liability for any inaccuracies in the information supplied to it. Consequently, should you order any Goods from a Third Party Seller which are in fact sold-out, any resulting dispute should be resolved between you and the relevant Third Party Seller; your respective rights and obligations being as set out in these Terms and Conditions.

 

    1. Certain Goods may not be purchased for re-sale. Should we suspect that any such Goods are being purchased for re-sale, we are entitled to cancel your order immediately on notice to you.
  1. Payment
    1. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
    2. Whether the Goods are for sale by Coffee Crazy or a Third Party Seller, payment can be made for Goods via –
      1. debit card;
      2. credit card: 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 are entitled 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 the Goods. 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. direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. Coffee Crazy will not process/accept your order if payment has not been received;
      4. Instant EFT;
      5. Coffee Crazy coupons and
      6. Credit (see clause 3 above).
    3. You may contact us via our Contact us Page to obtain a full record of your payment. We will also send you email communications about your order and payment.
    4. Once you have selected your payment method (save for a direct bank deposit), you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
  2. Delivery of goods
    1. Coffee Crazy currently offers 1 (one) method of delivery of Goods to you. You may elect delivery via:
      1. Courier.
    2. Our delivery charges are subject to change at any time, without prior notice to you, so please check the FAQs for the most up-to-date information. You will see the applicable delivery charges in your cart when you check out.
    3. Subsequent to acceptance of your order, Coffee Crazy or the Third Party Seller will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you should we be unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price (being the price of the goods, but not including the delivery price, should Coffee Crazy not be able to recoup such cost).
    4. Coffee Crazy’s obligation to deliver Goods to you shall be deemed to be fulfilled upon delivery of the Goods to the physical address nominated by you for delivery of the order. Coffee Crazy 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.
    5. Failure to list the correct delivery address by the user shall not result in Coffee Crazy refunding any monies paid by the user to Coffee Crazy.

 

  1. Errors

 

    1. We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrectly, and advertised, purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in clause 3 above. 
    2. Coffee Crazy shall not be bound by any incorrect information regarding our Goods displayed on any third party websites.
  1. Gift Vouchers / Coupons
    1. Coffee Crazy may from time to time make available physical or electronic gift vouchers (“Gift Vouchers”) and promotional coupons or discounts (“Coupons”), which Gift Vouchers or Coupons shall be available for use on the Website for the purposes of the purchase of Coffee Crazy Goods. Gift Vouchers and Coupons may only be redeemed while they are valid and their expiry dates cannot be extended. More specifically:
    2. Gift Vouchers
      1. Gift Vouchers that are purchased by registered users are valid for 1 year after Sale. Gift Vouchers that Coffee Crazy gives away for free are valid for the period stated thereon. In each case, should your Voucher not be used within the given period, it/they will expire.
      2. Gift Vouchers cannot be used to buy other Gift Vouchers or Coupons. They do not accrue interest and are not refundable for cash once purchased or otherwise obtained. If your Gift Voucher value is less than the amount required to cover any full order you wish to place, you may make up the difference by paying via one of our other accepted payment methods.
      3. Coffee Crazy is not responsible for any harm due to the loss, unauthorised use or unauthorised distribution of a Gift Voucher after it has delivered the Gift Voucher to you or the email address nominated by you.
    3. Coupons

      1. There are two types of Coupons; a Coupon with a fixed amount of a discount, e.g. R100 off (“Fixed Coupon“), and a Coupon with a percentage discount, e.g. 10% off (“Percentage Coupon“).
      2. Coupons are issued in Coffee Crazy’s sole discretion and we are entitled at any time to correct, cancel or reject a Coupon for any reason (including without limitation where a Coupon has been distributed in an unauthorised manner). Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.
      3. As a general rule, and unless specified otherwise on the specific Coupon itself:
        1. each Coupon can only be used once;
        2. only one Coupon can be used per order;
        3. only one Coupon can be used on the Website per person per promotion/campaign;
        4. Percentage Coupons may only be redeemed on purchases with a total cart value of less than R5,000;
        5. where a Percentage Coupon has been used and you wish to cancel any items in the order prior to making payment, the entire order must be cancelled. You will be issued with a new Percentage Coupon and will need to place the order again, without the item that you wished to cancel;
        6. a Coupon must be used at check-out – it cannot be used at any stage thereafter; and
        7. the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.
      4. Coupons cannot be used to buy Gift Vouchers or other Coupons, and may not be exchanged or refunded for cash or credit. Coffee Crazy is not responsible for any harm due to the loss, unauthorised use or distribution of a Coupon.

 

      1. If, for any reason, a Coupon does not reflect on the final amount due by/from you at check-out, you can contact us on our contact us page to confirm whether the Coupon is still valid.  If Coffee Crazy confirms that the Coupon is still valid and you have already placed your order, you can choose whether to cancel the order and place it again with the Coupon, or you can use the Coupon on your next order, subject to the limitations of the specific Coupon’s terms and conditions.

 

      1. You may be required to submit the original communication containing the Coupon code, and any other information reasonably requested by Coffee Crazy, at any time when attempting to, or successfully, using a Coupon.
  1. Daily Deals and other discounted Goods
    1. From time to time, we may offer certain Goods at discounted prices as part of a Daily Deal, Bundle Deal or any other temporary deal which are explained below (each a “Deal”). These will be subject to certain conditions (as set out in these Terms and/or the Website), which define the scope of the Deal. If you buy a product within the scope of a Deal, you will pay the discounted price for that product (the “Deal Price”).
    2. However, if you buy a product in a manner that falls outside of the scope of a Deal, then you will pay the then current (non-Deal) selling price on the Website (the “Normal Price”), for each product that falls outside the scope of the Deal.
    3. For example: if you buy more than one product in a Daily Deal, you will pay the Deal Price for the first product, but the Normal Price for all products thereafter. Alternatively, if you buy a product in combination with any other products that together do not constitute a Bundle Deal, you will pay the Normal Price for all such products falling outside the scope of the relevant Deal.
    4. Daily Deals
      1. At our discretion, Daily Deals (“Deals”) are available daily from 7am – 23:59pm on week days and from 9am – 23:59pm on weekends. In addition, please note that Daily Deals have a stock limit and may expire so son as the stock runs out.
      2. Daily Deals’ quantities are limited and as such, after a Daily Deal is sold out, those particular Goods may be available on the Website at their normal selling prices (but no longer as a Daily Deal).
      3. We do not guarantee a specific saving. The extent of the Daily Deal or discount is at the sole discretion of Coffee Crazy.
      4. Only one of each Daily Deal may be purchased per customer.
      5. Adding a Daily Deal to your cart, or completing your order for a Daily Deal without paying for it, does not reserve the item for you. Coffee Crazy must receive payment from you within 24 hours of you placing your order for a Daily Deal, otherwise we will cancel your order.
      6. Coffee Crazy will reserve stock for customers in the order in which it receives payment. Therefore if you pay via EFT, you might not get your item because Coffee Crazy may only receive payment from you a few days later, and in the meantime the Daily Deal might sell out to customers paying immediately.
      7. The List Price shown in respect of Daily Deals and other discounted Goods is the recommended retail price suggested to us by the supplier of the relevant product. Where the supplier has not provided a recommended retail price, an estimate may be provided. Where a product is offered for sale by a Third Party Seller, the List Price may be provided by the Third Party Seller.
      8. By purchasing any Daily Deal, you are also automatically opting in for our Daily Deals daily newsletter as well as our general newsletter (you may opt-out of these newsletters at any time). Opting out of these newsletters after purchase will not affect the value of the Goods purchased.

 

 

 

    1. Bundle Deals
      1. We may from time to time offer bundle deals for sale under the Bundle Deals tab on the Website (“Bundle Deals“). Each Bundle Deal will consist of two or more products that either we or you (as provided on the Website) have combined together in a single bundle.
      2. Any saving or discount resulting from purchasing a Bundle Deal instead of its component products separately may be applied to any of the component products individually in our sole discretion. The actual purchase price (after applying any applicable saving or discount) of each component product will be communicated to you upon checkout and reflected in your order history. This is relevant to the amount that would be refunded to you, if you were to return any product in a Bundle Deal for a refund, in accordance with our Returns Policy.
      3. A Bundle Deal should be distinguished from a pre-packed bundle compiled by our supplier and supplied to us as a single unit (“Pre-packed Bundles“). Any saving or discount in respect of a Pre-packed Bundle will be applied only to the total bundle price and not to the prices of the individual component products. Please refer to our Returns Policy for information about returning a Pre-packed Bundle.

 

  1. Third Party Sellers
    1. Coffee Crazy may, from time to time, sell Goods which it has access to, at discounted rates, from Third Party Sellers.
    2. In the event as per clause 11.1 above, and in its sole and absolute discretion, Coffee Crazy may elect to indicate on relevant product and checkout pages when Goods are for sale by a Third Party Seller. 
    3. Should any Goods be supplied by a Third Party Seller, the user understands that Coffee Crazy provides the platform to facilitate transactions between Third Party Sellers and Coffee Crazy customers, resulting in availability being subject to that of the Third Party Seller.
    4. The Sale formed on acceptance of your order remains subject to stock availability, and performance times, of such Third Party Seller.
    5. Coffee Crazy shall not be liable for any damages whatsoever arising due to the non-fulfilment of delivery of the Goods despite the fact that the Third Party Seller is not responsible to provide an invoice to the registered user.
  2. Privacy policy
    1. We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.
    2. Should you decide to register as a user on the Website, we may require you to provide us with personal information which includes but is not limited to –
      1. your name and surname;
      2. your email address;
      3. your physical address;
      4. your gender;
      5. your mobile number; and
      6. your date of birth.
    3. Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.
    4. You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
    5. Subject to clause 15.6 below, we will not, without your express consent:
      1. use your personal information for any purpose other than as set out below:
        1. in relation to the ordering, sale and delivery of Goods;
        2. to contact you regarding current or new Goods or services or any other goods offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us);
        3. to inform you of new features, special offers and promotional competitions offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us); and
        4. to improve our product selection and your experience on our Website by, for example, monitoring your browsing habits, or tracking your sales on the Website; or
      2. disclose your personal information to any third party other than as set out below:
        1. to our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Goods or when delivering Goods to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
        2. to our divisions, affiliates and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);
        3. to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these Terms and Conditions;
        4. to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their own benefit;
        5. to our suppliers in order for them to liaise directly with you regarding any faulty Goods you have purchased which requires their involvement; and
        6. to any Third Party Seller for purposes of sending you an invoice for any Goods purchased from such Third Party Seller, which disclosed information will be limited to your email address (refer to clause 14 above).
    6. We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, Coffee Crazy is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.

 

    1. We will ensure that all of our employees, third party service providers, divisions, affiliates and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.
    2. Ratings and Reviews: When you provide a rating or review of a Product, you consent to our using that rating or review as we deem fit, including without limitation on the Website, in newsletters or other marketing material. The name that will appear next to that rating or review is your First Name, as you would have provided upon registration. If you do not agree to this, please do not put any ratings or reviews on the Website. We will not display your Last Name, nor any of your contact details, with a rating or review.
    3. We will –
      1. treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;
      2. take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
      3. provide you with access to your personal information to view and/or update personal details;
      4. promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
      5. provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
      6. upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.
    4. We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
    5. Coffee Crazy undertakes never to sell or make your personal information available to any third party other than as provided for in this policy.

 

    1. Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.

 

    1. If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than Coffee Crazy, COFFEE CRAZY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.

 

    1. This website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content, and to display more focused advertising to a user by way of third party tools. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited. If you do not disable “cookies”, you are deemed to consent to our use of any personal information collected using those cookies, subject to the provisions of this clause 15.
  1. Changes to these Terms and Conditions
    1. Coffee Crazy may, in its sole and absolute discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
    2. Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
  2. Electronic communications
    1. When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with our privacy policy as set out in clause 15 above.
  3. Ownership and copyright
    1. The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Coffee Crazy, its advertisers and/or sponsors and/or is licensed to Coffee Crazy.
    2. You will not acquire any right, title or interest in or to the Website or the Website Content.
    3. Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact us via our Help page.
    4. Where any of the Website Content has been licensed to Coffee Crazy or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
  4. Disclaimer
    1. The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
    2. Whilst Coffee Crazy takes reasonable measures to ensure that the content of the Website is accurate and complete, Coffee Crazy makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by Coffee Crazy’s representatives, Coffee Crazy shall not be bound thereby.
    3. Coffee Crazy disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
    4. Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
    5. Any views or statements made or expressed on the Website are not necessarily the views of Coffee Crazy, its directors, employees and/or agents.
    6. In addition to the disclaimers contained elsewhere in these Terms and Conditions, Coffee Crazy also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Coffee Crazy, its employees, agents or authorised representatives. Coffee Crazy thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
  5. Linking to third party websites
    1. This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and Coffee Crazy is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.

 

    1. Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.

 

  1. Limitation of liability

 

    1. Coffee Crazy cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Coffee Crazy, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of our Help page.

 

    1. COFFEE CRAZY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

 

    1. YOU HEREBY INDEMNIFY COFFEE CRAZY AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

 

  1. Availability and termination

 

    1. We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
    2. Coffee Crazy may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Coffee Crazy will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.

 

    1. If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.

 

    1. Coffee Crazy is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by Coffee Crazy to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Coffee Crazy, in whole or in part, on notice to you. Coffee Crazy shall only be liable to refund monies already paid by you (see Coffee Crazy’s Returns Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.

 

    1. At any time, you can choose to stop using the Website, with or without notice to Coffee Crazy.
  1. Governing law and jurisdiction 

 

    1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
    2. In the event of any dispute arising between you and Coffee Crazy, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (South Gauteng Local Division, Johannesburg) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
    3. Nothing in this clause 23 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
  1. Notices
    1. Coffee Crazy hereby selects 27 Gleneagles Road Greenside, Randburg,  as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Coffee Crazy may change this address from time to time by updating these Terms and Conditions.
    2. 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 Coffee Crazy not less than 7 days’ notice in writing.
    3. Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –
      1. by hand will be deemed to have been received on the date of delivery;
      2. by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
      3. 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
      4. 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.

 

  1. Complaints 

    1. We are a participant under the Consumer Goods and Services Industry Code and are bound by it. An electronic copy of this Code is available at http://www.cgso.org.za/downloads/. If you have a complaint about the goods or services provided by us or require information regarding our internal complaints-handling process, please get in touch with us via our Help page on the Website.
    2. If we don’t resolve your complaint within 15 (fifteen) business days of you having notified us of it, you are entitled to approach the Consumer Goods and Services Ombud (“CGSO”), to assist in resolving the dispute. The CGSO’s contact details are:  Website: http://www.cgso.org.za/ Sharecall: 0860 000 272 Email: complaints@cgso.org.za

  2. Information

 

    1. For the purposes of the ECT Act, Coffee Crazy’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
      1. Full name: Coffee Crazy  (Pty) Ltd, a private company registered in South Africa with registration number 2019/175565/07
      2. Main business: Online retailer
      3. Physical address for receipt of legal service (also postal and street address): 27 Gleneagles Road Greenside, Randburg (marked for attention: CEO and Legal)
      4. Office bearers: Brent Kier
      5. Phone number: +27 72 597 7591
      6. Email address: brent@Coffeecrazy.co.za
      7. PAIA: The manual published in terms of section 51 of the Promotion of Access to Information Act 2000 may be downloaded from here.
        Third Party Sellers’ information is available in the relevant Product listing and/or via the customer support centre contactable via our Help page.
  1. General
    1. Coffee Crazy may, in its sole and absolute discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
      1. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
      2. Any failure on the part of you or Coffee Crazy to enforce any right in terms hereof shall not constitute a waiver of that right.
      3. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
      4. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
      5. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
      6. These Terms and Conditions contain the whole agreement between you and Coffee Crazy and no other warranty or undertaking is valid, unless contained in this document between the parties.

 

Responsible Disclosure Policy

At Coffee Crazy, we’ve built our business on the simple principle that our customers come first. We aim to keep our Website, as well as the services offered on our Website (“Service”) safe for everyone to use, and data security is of the utmost importance. If you have discovered a security vulnerability in our Website or Service, we encourage you to contact us and disclose it to us in a responsible manner.

 

When security vulnerabilities are reported to us in compliance with this policy, Coffee Crazy will validate and fix such vulnerabilities as soon as reasonably possible, in line with our commitment to the privacy, safety and security of our customers. We will not take legal action against you or terminate your access to the Service if you discover and report security vulnerabilities responsibly in compliance with this policy. Coffee Crazy reserves all of its legal rights in the event of any noncompliance with this policy.

If you are looking to report another type of issue, which falls outside of the scope of this policy, for example if you are a current customer and you suspect fraudulent activity or suspect that your account may have been compromised, please contact our support team here. Your issue will be investigated immediately and thoroughly.

Reporting a Security Vulnerability

If you think that you have found a security vulnerability in our Website or Service, please contact us immediately via info@Coffeecrazy.co.za. When reporting a security vulnerability, you must do the following:

  • Include as much information as possible in your report, as we require a way to reproduce the security vulnerability in order to validate and fix it. “Proof-of-Concept” programs, tools, or test accounts that you’ve created are welcome, and the following information is required:
    • the URL where the vulnerability occurs;
    • if applicable, the parameter where the vulnerability occurs;
    • the type of the vulnerability;
    • a step-by-step instruction how to reproduce the vulnerability;
    • a demonstration of the vulnerability, by screenshots or video; and
    • if applicable, an attack scenario (an example attack scenario may help demonstrate the risk and get the issue resolved faster).
  • Do not share your findings with anyone until Coffee Crazy has had adequate time to investigate and deploy a fix. We will notify you when the security vulnerability has been patched.
  • Consider telling us how to identify you.

We’re particularly interested in:

  • XSS attacks
  • SQL injection
  • Remote code execution
  • Circumventing permission limitations
  • CSRF attacks

Restrictions

At Coffee Crazy, we welcome “white hat” security researchers, and appreciate your research and proactive responsible disclosure. Please note however that Coffee Crazy does not permit you to do any of the following:

  • access, modify or destroy a Coffee Crazy customer’s account or data;
  • interrupt or degrade our Service;
  • execute a “Denial of Service” attack;
  • post, transmit, upload, link to, send or store any malicious software;
  • send any unsolicited or unauthorized mail or messages;
  • violate any applicable law;
  • perform any testing that would result in any of the above; or
  • attempt to do any of the above.

Contravening this policy in any way may result in us suspending or terminating your access to the Service, contacting the relevant authorities and/or pursuing any other remedies we have at law.

Our Commitment

If you identify a security vulnerability in compliance with this policy, Coffee Crazy commits to:

  • acknowledging receipt of your vulnerability report in a timely manner;
  • confirming the validity of your report; and
  • notifying you when the vulnerability is fixed.

We will unfortunately not offer any monetary rewards.

 

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