Terms & Conditions
These following pages (together with the documents referred to herein) tell you the terms and conditions upon which we will supply to you the products (Products) listed on our website www.ucook.co.za ( Web Site) via one of our subscription services (Services). Please read the terms and conditions carefully before ordering any Products from our Site or subscribing to one of our Services. You should understand that by ordering any of our Products or subscribing to one of our Services, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference. Please tick the checkbox in the shopping cart to accept these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our Site
TERMS AND CONDITION TO ACCEPTANCE OF U COOK ORDERS
MADE BY CUSTOMERS AND SUBMITTED TO
THE SUPPER SOCIETY (PTY) LIMITED TRADING AS U COOK
In These Terms and Conditions, unless the context otherwise requires, the following words and expressions shall have the meanings assigned to them hereunder:
- Recipe Selection Means the series of different U COOK recipes, changed and posted each week by the Company in its Web Site
- Products Means the food components of the respective U COOK recipe/s selected by the Customer in the Contract to be delivered in the Operative Area
- Contract Means the contract with the Company that comes into being at the point when the Customer’s Order for U COOK Products is accepted by the Company per emailed confirmation as per clause 3.5 below
- Order Means the request for supply of the U COOK Products made by the Customer ticking the recipe selection in the Web Site into shopping cart
- Acknowledgement Means only the e mailed acknowledgement of receipt of the Order
- Confirmation Means the e mailed acceptance of the settled Order by the Company, thereby forming the Contract
- Settled Order Means the Customer’s Order with agreed amendments, if any
- Web Site Means www.UCOOK.co.za
- Services Means the range of U COOK services available to Customers as set out in the Web Site
- Company Means The Supper Society (Pty) Ltd No.2013/143507/07 trading as U COOK
Customer Means the party, required to be over the age of 18, entered as the Customer in the detail of the Order per 1.4 above
- Operative Area Means the inclusive area between Tokai and the Atlantic Seaboard suburbs, Cape Town, and the greater area of the southern suburbs
- Delivery Address Means the Customer’s nominated address in the contract for delivery of the products, being either :
A residential address within the Operative Area; or
The Customer’s selected drop off point from which the Customer will self collect, per clause 7.1.2 below
- Price Means the current selling price of Products per meal, plus delivery levy, if any depending on delivery address on the operative area, as posted in the Web Site, which price and/or levy are subject to change from time to time on 14 days notice.
- Choice Plan Means an Order for Products for a selection of listed recipes for a number of 4(four) or more meals to be supplied and delivered for a fixed number of weeks.
- Membership Plan Means a revolving Order for a nominated number of weeks to receive a selection of Products of listed recipes for 4 (four) or more meals per week, at a specified discount, available exclusively to Customers subscribing to become members of the U COOK’s Supper Society.
words importing natural persons shall include a reference to bodies corporate and other legal personae and vice versa;
words importing the masculine shall include a reference to the feminine and other genders;
words importing the singular shall include a reference to the plural and vice versa;
the Contract shall be deemed to have been incorporated herein and shall form an integral part hereof;
HOW THE CONTRACT IS FORMED
- After placing an order through ticking the checkbox in the shopping cart in the standard order form on the Web Site, the Customer will receive an e-mail from the Company acknowledging that the Company has received his order (Acknowledgement).
- The onus lies on the Customer to plan to consume the Products delivered by the Company, within the individual sell-by or consume-by dates on perishable items incorporated in the Orders, which dates shall for all intents and purposes be similar to those found in supermarkets, or within the natural refrigerated shelf life of fresh vegetables, fruit and salads.
- At this time, delivery of Product to Customers is scheduled to take place once a week on a Monday, which should accordingly be borne in mind by the Customers when selecting the nature of recipes in relation to the date/s being planned by when the Products are to be used or consumed.
- Receipt of the Acknowledgement however does not mean that the order has been accepted. The Order constitutes an offer to the Company to buy Products and is subject to acceptance by the Company.
- Once the Company has satisfied itself with the Order detail and payment has been made, the Company will accept the Order and send the Confirmation by e mail to the Customer.
- When the Confirmation of acceptance of the Order is sent, a firm and binding contract for supply and delivery of the Product comes into existence.
- The Acknowledgement and the Confirmation may in some instances be contained in the same email.
- The Contract will relate only to those Products whose dispatch the Company has confirmed in the e mailed Confirmation.
- The Company will not be obliged to supply any other Products, which may have been part of the Customer’s Order, until such Products have been confirmed in an e mailed Confirmation.
4. PRICE AND PAYMENT
- The prices of the forthcoming recipe Products and delivery levy charges, where applicable, will be quoted on the Web Site from time to time.
- These prices will however be liable to change from time to time to meet rising costs and inflation, but changes will however not affect orders in respect of which the Company has already sent a Confirmation.
- Delivery charges to certain suburbs differ and where applicable an additional levy will be charged on deliveries to further distant suburbs, as assigned and listed in the Web Site Suburb Listing.
- Product prices include applicable taxes.
- The Company may from time to time offer discounts on prices and Customers are advised to acquaint themselves with availability of such discount structures on the Company’s Web Site.
- Payments will be due and payable by the Customers :
on submission of the Order, to cover the price of the first Product delivery; and
thereafter, 7 days in advance for each subsequent Product Delivery.
- Payment for all Products and Services may be made by credit or debit card and the Company:
will accept payment with American Express, Visa and MasterCard, but reserves the right to change the payment methods at any time;
- will charge to the Customer’s credit or debit card for the weekly delivery against invoice dispatched by e mail to the Customer with confirmation of the recipe Product detail, 7 days before delivery, with the exception of the first delivery under one of the Company Services which may occur immediately following the Customer’s initial Order.
5. Flexi PLAN
The Customer may, under the standard service category of Flexi Plan in the Web Site, place an order for Product from the forward projection of different weekly Recipe Selections, for a minimum of 3 (Three) meals per week, at the aggregate price of the number of meals, for 1 (One) Week, it must be noted that customers are required to select a default meal category in case they are absent for period and are unable to select their desired meals for the week, in this instance they will be delivered the meals that have been allocated to their default meal category. By agreeing to the Supper Society’s terms and conditions your agree to this delivery policy.
6. MEMBERSHIP PLAN
- Ordering through the Site. Orders must be received before posted cut off times. (Currently posted cut off order date is 12am on Wednesday; this time could be subject to change from time to time). Available delivery windows and associated delivery charges and promotions will be shown as you proceed through the ordering process. Orders must be cancelled/paused/resumed prior to the cut off date on Wednesday 12 am. Cancelation of orders after the required cut-off time will result in a full charge.
- To be entitled to the benefits and discounts under the Membership Plan, the Customers will place Orders for delivery of Product for a standing number of meals for successive weeks over a nominated revolving period of weeks.
- At the end of each of the Customer’s Membership Plan periods, his/her subscription will be automatically extended for a successive renewal period of the same length, at the then-current Members Plan rate.
- In the event of a Customer neglecting or failing for any reason to extend their personal selection of meals into the next revolving time period, the Customer shall in such event, be deemed to have nominated the implementation of a selection process whereby the meals allocated to the category that the customer pre-selected will be delivered to them.
- By Membership Plan selection, the Customer acknowledges and accepts that unless and until cancelled by the Customer, such plan has recurring payment obligations payable 7 days in advance for each successive weekly delivery, against weekly invoice e mailed by the Company to the Customer with confirmation of the recipe/s for the then next following week.
- The Company shall be entitled to submit successive weekly charges for the revolving weekly orders, without further authorization from the Customer, until the Customer provides advance notice of deferment or cancellation, as the case may be, under clause 6.11 below.
- The Customer may by notice to the Company addressed per clause 6.12 below delivered by no later than close of business 14 (fourteen) days before the affected delivery
- defer or alter a product delivery within the weekly delivery; or
- change the payment method; or
- terminate the Membership Plan with effect from the end of the then subscription period.
- Notices per clause 611 above shall only be made :
- by either logging onto the Customer’s account on the Web Site and recording the notice, or
- by incorporating the notice in an e mail to the Company at its e mail address as set out in clause 14.1 below;
- Any notice of deferment or cancellation will however not affect orders in respect of which the Company has already sent an Invoice with confirmation of recipe.
- In the event of a Membership Plan termination notice per clause 6.11 above, until the end of the Customer’s then-current subscription period :
- the Company shall continue to make Product deliveries; and
- the Customer shall remain liable to pay for such Product deliveries.
- The Customer will not be charged for any cancellation and may re-subscribe at any time following cancellation, however the Company reserves the right not to permit re-subscription and/or rejoining the U COOK’s Supper Society, where the Company has previously elected to terminate a subscription by the Customer.
- The Company in any event reserves the right at its absolute discretion not to renew a Customer subscription and/or a U COOK’s Supper Society membership subscription at any time, without giving any reasons for the decision.
- Deliveries of Product to Customers will be made in two alternate manners :
- Either at the Delivery Address inside the Operative Area as nominated by the Customer and accepted by the Company for delivery, for delivery within a selected and agreed time slot; or
- At a specified drop off station within the Operative Area, from a specified time slot as agreed upon between the Company and the Customer, from which drop off point the Customer will then collect the delivery during business operating time of the drop off entity.
- The onus will at all times remain with the Customer to ensure that :
- The Company has the correct and latest Delivery Address on record for product deliveries under the Contract; and
- In the case of home delivery, there will be someone at the address to receive the delivery on behalf of the Customer within the selected and/or agreed time slot, in the event that the Customer is not there at such time.
- For when no one is at the Customers home address to accept delivery per sub clause 7.2.2, the Customer will, where possible, enter on record with the Company on the Web, a secondary default address of an immediate neighbour duly authorised to accept the delivery on behalf of the Customer, with whom the alternate delivery can then be left.
- The Product content is to be refrigerated as soon as possible after delivery, the Company bearing no responsibility for the freshness of the Product from the time of first tender of delivery at the Delivery Address.
- In the event of there not being anyone at neither the Delivery Address nor the given default address, if any :
- The delivery products will be taken back to the Company’s premises at Unit 12, The Meat Factory, 372 Voortrekker Road, Maitland, Cape Town, 7405, whereupon:
- A default charge of R 30.00 will be made to the Customer’s Account on the return to Maitland; and
- An SMS or Email message will be sent to the Customer advising of the non-delivery, on the goods being returned to Newlands;
- Arrangements can thence be made for the Customer to collect the Products from Maitland; or
- In the event of a special delivery to the Customer being made of the returned Products at the request of the Customer, a charge of R 75.00 will become payable by the Customer against delivery or be debited to the Customer’s Account to be charged against the Customers credit/debit card
- The delivery products will be taken back to the Company’s premises at Unit 12, The Meat Factory, 372 Voortrekker Road, Maitland, Cape Town, 7405, whereupon:
8. CONSUMER RIGHTS
- If the Customer is contracting as a first time consumer and
- Suffers from buyer’s remorse, he may by notice cancel the contract within 7 days of the Confirmation email to the Customer; or
- Is not satisfied with the first delivery of Product made, he may cancel the contract any time before the Wednesday at 11:59PM EDT before the next scheduled Product delivery to him.
- In either of the events in 8.1 above,
- Notice of cancellation shall be required to be given to the Company either on the Web Site, or sent by by mail to the Company’s email address in clause 14.1 below, and
- The Customer, will receive a full refund of the price paid for the Products in accordance with the refund policy set out in clause 9 below.
- For Guidance the Consumer may peruse the FAQ on cancelation on the Web Site.
9. REFUND POLICY
- For reason that a Customer may have cancelled the Contract between the Company per Clause 8 above within the applicable notice period, the Company will process the refund due as soon as possible and, in any case, within 30 days of the day of notice of cancellation. In this case, the Company will refund the price of the Product in full, and any applicable delivery charges.
- For any other reason (for instance, because a Customer notified the Company in accordance with Clause 22 that he does not agree to a change in these terms and conditions or in any of our policies, or because he considers that the Product is defective),
- The Company will notify the Customer of the refund, if any, via phone or e-mail within a reasonable period of time; and
- The Company will, per practice, pay the refund due to the Customer as soon as possible and, in any case, within 30 days of the day the Company confirmed to the Customer via phone or e-mail that the Customer is entitled to a refund;
- If all or part of a Product (Defective Item) is defective, the Company will credit the Customer an amount equivalent to the value of the Defective Item towards a future purchase, including any applicable delivery charges.
- Refund of any money to a Customer will otherwise be paid by the same method as used in which it was received.
10. VOUCHERS AND GIFT CARDS
- Gift cards, discount promotions and other types of voucher (Voucher) require to be activated by online application on the Web Site in order for the holder to commence Ordering of Products from the Company.
- If paid for, the Voucher will deemed to have been sold at the time of payment was received by the Company.
- .All of the terms and conditions as contained herein shall become applicable as between the Company and the holder of the Voucher (Holder) when the Holder redeems the Voucher by applying for a Service to commence.
- A Voucher may only be used once by its Holder and may not be copied, reproduced, distributed or published either directly or indirectly in any form or stored in a data retrieval system without our prior written approval.
- The Company reserves the right to withdraw or cancel any Voucher (other than a paid-up gift card) for any reason at any time.
- Vouchers may only be redeemed through the Company Web Site and not through any other Web Site or method of communication. To use the Voucher the Customer will be required to enter its unique code at the online checkout and the use of such code will be deemed to confirm the Customer’s agreement to these terms and conditions and any special conditions attached to the Voucher.
- Any discounts attached to Vouchers apply to the price of the Products ordered only and not to delivery charges, which will be chargeable at normal rates.
11. RISK AND TITLE
- The Products will be at the Customer’s risk from the time of delivery.
- The Company does not take responsibility for any damage, or degradation of the quality of the Products, nor for the packaging in which it comes.
- The Company may not be held responsible for any produce that is eaten and is found to be dissatisfactory or causes ill health, it must be assumed that all produce delivered to the Customer at the time of delivery was fresh and of acceptable quality and edibility.
- The onus lies and remains with the Customer to cook and consume the products within the best consumed date specified for the respective Products, or within the reasonable time for fresh and salad produce.
- Ownership of the Products will only pass to the Customer when the Company receive full payment of all sums due in respect of the Products, including delivery charges.
The Company warrants to the Customer that any Product purchased from the Company through the Web Site will, on delivery, conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
13. COMPANY LIABILITY
- If the Company fails to comply with these terms and conditions the Company shall only be liable to the Customer for, at most, the purchase price of the Products.
- Nothing in this agreement excludes or limits our liability for any matter for which it would be illegal for the Company to exclude or attempt to exclude as our liability.
14. ADDRESSES AND NOTICES
- For the purpose of this agreement, including correspondence , the giving of notices in terms hereof and the serving of legal process, the Parties choose domicilium citandi et executandi (“domicilium”) as follows:
- The Company at Unit 12, The Meat Factory, 372 Voortrekker Road, Maitland, Cape Town, 7405 or
at e mail address of [email protected]
- The Customer at the address, or at the e mail address, as set out in the Order entered on the Web Site
- The Company at Unit 12, The Meat Factory, 372 Voortrekker Road, Maitland, Cape Town, 7405 or
- Notices will be deemed received and properly served immediately when posted on the Web Site, or 24 hours after an e-mail is sent, or within 7 days on the date of posting of any letter
- In proving the service of any notice, it will be sufficient to prove:
- In the case of a letter, that such letter was properly addressed, stamped and placed in the post; and
In the case of an e mail, that such e mail was sent to the specified e mail address of the addressee.
15. TRANSFER OF RIGHTS AND OBLIGATIONS
- The Contract between the Customer and the Company is binding on the Customer
- The Customer may not transfer assign, charge or otherwise dispose of the Contract, or any of his rights or obligations arising under herein, without the Company’s prior written consent.
- The Company may transfer, assign, charge, sub-contract or otherwise dispose of the Contract and any of the Company’s or obligations arising under it, at any time during the term of the Contract.
16. INTELLCTUAL PRPERTY RIGHTS
- The Company is the owner or the licensee of all intellectual property residing on the Web Site and reserves the right to prosecute any individual who attempts to copy or recycle any branding or information that is property of the Company.
- The Customer may print off one copy, and may download extracts, of any pages from the Web Site for his personal reference.
- The Customer may not the use any part of the Company’s copyright materials for commercial purposes without first obtaining a licence to do so from the Company.
- If the Customer posts comments on the Products or Services to any Web Site, blog or social media network (Commentary) he must ensure that such Commentary represents his fairly-held opinions.
- By subscribing to the Services, the Customer irrevocably authorize the Company to quote from his Commentary on the Web Site and in any advertising or social media outlets, which the Company may create or contribute to.
17. EVENTS BEYOND THE COMPANY’S CONTROL
- The Company will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
- A Force Majeure Event includes any act, event, non-happening, omission or accident beyond the Company’s reasonable control and includes in particular (without limitation) the following:
- Strikes, lock-outs or other industrial action;
- Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- Impossibility of the use of public or private telecommunications networks; and
- The acts, decrees, legislation, regulations or restrictions of any government.
- The Company performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and the Company will have an extension of time for performance for the duration of that period. The Company will the use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
18. Availability and Delivery.
The Customer’s order will be fulfilled by the delivery date set out in the Confirmation or, if no delivery date is specified, then within 14 days of the date of the Confirmation, absent the occurrence of a Force Majeure Event.
In the event of a Force Majeure Event, the Company will not be liable for the cost of any compromised or failed deliveries; however,
the Company reserve the right to refund the Customer for all or part of any such compromised or failed deliveries as the Company see fit.
- If the Company fails, at any time during the term of a Contract, to insist upon strict performance of any of the Customer’s obligations under the Contract or any of these terms and conditions, or if the Company fails to exercise any of the rights or remedies to which the Company is entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve the Customer from compliance with such obligations.
- A waiver by the Company of any default will not constitute a waiver of any subsequent default.
- No waiver by the Company of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to the Customer in writing in accordance with clause 14 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
21. ENTIRE AGREEMENT
- These terms and conditions as read with the Order as accepted and any document expressly referred to in them constitute the whole agreement between the Company and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between the Company relating to the subject matter of any Contract.
- Neither the Company nor the Customer can rely on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
- Nothing in this clause limits or excludes any liability for fraud
COMPANY’S RIGHT TO VARY THESE TERMS AND CONDITIONS
- The Company have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting the Company’s business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in its system’s capabilities.
- The Customer will be subject to the policies and terms and conditions in force at the time that he orders Products from the Company, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by the Customer), or if the Company notifies the Customer of the change to those policies or these terms and conditions before the Company send him the Confirmation
- In the case as contemplated in 22.2 above, the Company has the right to assume that the Customer has accepted the change to the terms and conditions, unless the Customer notifies the Company to the contrary within seven working days of receipt by him of the Products.
LAW AND JURISDICTION
Contract for the purchase of Products and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by the South African Legal system.