Conditions of Use

TERMS AND CONDITIONS OF USE OF THE WEBSITE

All references to "the Company"", "we", "us" and "our" in these terms and conditions are deemed to refer to Evergreens, having its registered address at cnr. Vom Hagen and Pres. Burger st, Pretoria-West

All references to "you" and "your" are deemed to refer to any user and/or visitor of www.evergreens.co.za  ("Website").

These terms and conditions ("Terms and Conditions") govern 1) your use of the website; and 2) your use of the forum.

Acceptance Of Terms

The Company permits the use of this Website subject to the Terms and Conditions ("Terms and Conditions"). By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.

Use Of The Website

You may only use the Website if you are 18 years of age or older. If you are under 18, you may use the Website only with the involvement of your parent or legal guardian.

You agree that you will not use any device, software or other instrument to interfere or attempt to interfere with the proper working of this Website. In addition, you agree that you will not 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 Company representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).

You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.

You may not display, publish, copy, print, post or otherwise use the Website and/or the information contained therein for the benefit of any other website without the express prior written consent of an authorised Company representative.

Ownership And Copyright

The contents of this Website, including any information, software, icons, text, graphics, lay-outs, images, sound clips, trade names, logos, trade marks and service marks are protected by law, including but not limited to copyright and trade mark law, and are owned by or licensed to the Company.

No licence to or right in any of such contents is granted to or conferred upon you. Any unauthorised use, distribution or reproduction of the said contents is prohibited. To obtain permissions for the commercial use of any content on this site contact our Admin Manager at admin@thefreshmarket.co.za

Disclaimer

Any person who accesses this Website or relies on this Website or on the information contained in this Website does so at his or her own risk.

While the Company takes reasonable measures to ensure that the contents of this Website are accurate and complete, the Company makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of this Website or as to the accuracy, completeness or reliability of any information on this Website.

All information provided on this 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.

The Company does not accept any responsibility for any errors or omissions on this Website.

In addition to the disclaimers contained elsewhere in these Terms and Conditions, the Company also makes no warranty or representation, whether express or implied, that the information or files available on this Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise or jeopardise the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way.

Linked Third Party Websites

This Website may contain links or references to other websites ("Third Party Websites") outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and the Company is not responsible for the practices and/or privacy policies of those Third Party Websites or the cookies that those sites may use.

Notwithstanding the fact that this 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.

Limitation Of Liability

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

YOU HEREBY INDEMNIFY THE COMPANY 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.

Changes To These Terms And Conditions

The Company reserves the right to update and/or amend the Terms and Conditions from time to time and without any notice, and you are accordingly encouraged to check the Website regularly. Any such change will only apply to your use of this Website after the change is displayed on this Website. If you use this Website after such updated or amended Terms and Conditions have been displayed on this Website, you will be deemed to have accepted such updates or amendments.

Availability And Termination

We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserve the right to discontinue providing the Website or any part thereof with or without notice to you.

The Company may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that the Company will not be liable to you in the event that it chooses to suspend, modify or terminate this Website.

Governing Law

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.

TERMS AND CONDITIONS OF SALE

Sale Of Goods

These Terms and Conditions of Sale govern the sale of products ("Goods") by the Company to you via the Website. The Terms and Conditions of Sale are in addition to the terms and conditions of use of the Website, which can be viewed at www.thefreshmarket.co.za

Once you tick the box labelled "I accept", these Terms and Conditions of Sale form a legally-binding agreement between you and the Company. You may contact us via email at admin@thefreshmarket.co.za to obtain a full record of your transaction. We will in any event confirm all your purchase orders with you via email.

Prices are subject to CHANGE WITHOUT NOTICE, items which are out of stock will be excluded from your order or a suitable replacement will be given. As it is fresh produce we canot guarantee the price at which you ordered will be the final price charged. We will give you the price of the day of checkout, which may be lower or may be higher than the price as ordered.

Payment

Payment can be made via the Website by –

• credit card;
• direct bank deposit or electronic funds transfer
• Cash on Pickup of Goods at the store

Once you accept these Terms and Conditions of Sale, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.

PRIVACY

We take the security of your payment and personal information seriously. In this regard, you will be provided with a security certificate once you accept these terms and conditions of sale. All personal information that you provide to us is subject to our Privacy Policy. However, due to the nature of the Internet, we cannot guarantee that your communications will be free from unauthorised access by third parties. Accordingly, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES ARISING FROM THIRD PARTIES' UNAUTHORISED ACCESS OF YOUR DATA.

RETURNS AND REFUND

You are entitled to query your order for the Goods, without penalty, within 3 days of the Goods having been delivered to you. In such an event –

Upload a complaint through the contact link provided on our homepage and please reference your order number and complaint and we will get hold of you as soon as possible;

The Company will deliver the Goods to you as soon as reasonably possible, but no later than 7 days of receipt of your payment ("Delivery Period"). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 days of receiving such notification elect whether or not to proceed with your order for the Goods. If you elect not to proceed with your order, we will reimburse you with the purchase price within 30 days of having informed you that we are not able to deliver the Goods during the Delivery Period.

Returns

Goods may be returned only when defective, damaged or if the product supplied is not the same product as what was ordered. If the Goods are defective in any way this must be reported as soon as reasonably possible after the product having been delivered to you. If the Goods are not the same as what was ordered this must be reported within 24 hours of delivery. Any damage must also be immediately reported, within 24 hours of delivery.

If the Goods have been approved for return, we will notify you and either arrange for our couriers to collect the item from you or ask you to return the item to our current store, dependent on your original order's shipping method.

breach

If any party ("Defaulting Party") breaches any of these terms and conditions and fails to remedy such breach within 14 (fourteen) days of receipt of notice to remedy the breach, the aggrieved party shall be entitled to claim specific performance or to cancel this agreement forthwith upon written notice to the defaulting party, without prejudice to its right to recover:

any amounts that may be due to it in terms of this agreement; and

any loss or damage suffered as a consequence of the breach or the cancellation of this agreement.

governing law and jurisdiction

Our relationship and/or any dispute arising from or in connection with these terms and conditions of sale shall be governed by the laws of the Republic of South Africa. You agree to be subject to the exclusive jurisdiction of the South African courts.

NOTICES

The Company hereby selects Crn. Vom Hagen St & Pres. Burgers St Pretoria-West as its address for the service of all formal notices and legal processes in connection with these terms and conditions of sale ("domicilium"). You hereby select the address specified on the Goods order form as your domicilium. Either party may change its domicilium to any other physical address by not less than 7 days' notice in writing to the other party. Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –

by hand will be deemed to have been received on the date of delivery;

by prepaid registered post, will be deemed to have been received 10 days after the date of posting;

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

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.

General

You may not cede, assign or otherwise transfer your rights and obligations in terms of these terms and conditions of sale to any third party.

Any failure on the part of you or the Company to enforce any right in terms hereof shall not constitute a waiver of that right.

If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

No variation, addition, deletion, or agreed cancellation of these terms and conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.

No indulgence, extension of time, relaxation or latitude which any party ("the grantor") may show grant or allow to the other ("thegrantee") 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.

These terms and conditions of sale, read together with the Terms and Conditions of Use of the Website, the Terms and Conditions of Use of the Forum, and our Privacy Policy contain the whole agreement between you and the Company and no other warranty or undertaking is valid, unless contained in this document between the parties.