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Terms & Conditions of Sale

  1. THESE TERMS
    1.1 WHAT THESE TERMS COVER.
    These are the terms and conditions on which we supply products to you.

1.2 WHY YOU SHOULD READ THEM.
Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem, and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

  1. INFORMATION ABOUT US AND HOW TO CONTACT US
    2.1 WHO WE ARE.
    We are Durban Curry Lovers Limited, a company registered in South Africa. Our company registration number is 2021 / 774876 / 07 and our registered office and main trading address is at Dombeya Crescent, Mansfied, 7140

2.2 HOW TO CONTACT US.
You can contact us by writing to us at sales@currylovers.co.za

2.3 HOW WE MAY CONTACT YOU.
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4 “WRITING” INCLUDES EMAILS.
When we use the words “writing” or “written” in these terms, this includes emails.

  1. OUR CONTRACT WITH YOU
    3.1 HOW WE WILL ACCEPT YOUR ORDER.
    Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. Please check the product specification and the terms of your order carefully before you submit your order to us.

3.2 IF WE CANNOT ACCEPT YOUR ORDER.
If we are unable to accept your order, we will inform you of this and will refund you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product, because we have withdrawn the product, or because we are unable to meet a delivery deadline you have specified.

3.3 YOUR ORDER NUMBER.
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

3.4 DELIVERY OUTSIDE SOUTH AFRICA.
We deliver to some, but not all, countries outside the South Africa (International Delivery Destinations), so if you live outside South Africa and you are unable to find your delivery destination at the checkout, please contact us on sales@currylovers.co.za for further information, and to check whether we can deliver to you, before ordering any products from us. There may be restrictions on some products for certain International Delivery Destinations.

Please note that:

if you order products from our website for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. We have no control over these charges, and we cannot predict their amount;
you will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order; and
you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable or responsible if you break any such law.

  1. OUR PRODUCTS

4.1 PRODUCTS MAY VARY SLIGHTLY FROM THEIR PICTURES.
Any images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

4.2 PRODUCT PACKAGING AND LABELLING MAY VARY
The packaging and labelling of the product may vary from that shown in any images on our website.

4.3 YOUR ORDER NUMBER.
We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

4.4 WE ONLY SELL THE PRODUCTS FOR YOUR OWN LAWFUL USE. .
You warrant that:

the products will not be put to any unlawful use, or otherwise used in breach of any health or safety guidance or warning supplied in relation to them; and
(b) you will not supply the products to any third party for unlawful use or purposes.
You will indemnify us against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by us arising out of or in connection with any breach of the warranty contained in this clause 4.3.

  1. OUR RIGHTS TO MAKE CHANGES

5.1 MINOR CHANGES TO THE PRODUCTS.
We may change the product:

to reflect changes in relevant laws and regulatory requirements (for example we may need to alter the composition of a product or its labelling to comply with our legal and regulatory obligations);
to implement minor adjustments and improvements, for example to address a potential health and safety issue;
if we change our supplier (in which case the country of origin and ingredients of the product may change); or
if we alter the ingredients in a blend for commercial reasons.
In each case we will only treat these as minor changes in accordance with this clause 5.1 where such changes will not affect your use of the product. If the changes are more significant and will affect your use of the product, we will deal with them as set out in clause 5.2 below.

5.2 MORE SIGNIFICANT CHANGES TO THE PRODUCTS.
In addition, as we informed you in the description of the product on our website, we may make the following changes to the product. If a change to the product will affect your use of the product, we will notify you of the change, and you may then contact us to end the contract before the changes take effect, and you will receive a refund for any products paid for but not received. Examples of situations in which we may make a change which could affect your use of the product are:

to keep up to date with and ensure that we comply with, all applicable laws and regulatory requirements
to implement a significant adjustment or improvement, for example to address a potential health and safety issue;
if we change our supplier (in which case the ingredients and allergen information in the product specification may change); or
if we alter the ingredients in a blend for commercial reasons, which may also result in the allergen information in the product specification being changed.

5.3 CHANGES TO THESE TERMS.
In addition to changes to the products, we may from time to time make changes to these terms in order to comply with our legal or regulatory obligations, but if the change is likely to have a significant impact on you we will notify you, and you may then contact us to end the contract before the changes take effect, and you will receive a refund for any products paid for but not received.

  1. PROVIDING THE PRODUCTS
    6.1 TO THESE TERMS.
    The costs of delivery will be as displayed to you on our website when you checkout, at which point you will be asked to select which delivery option you prefer and you will be shown the costs and timescale relevant to each available option.

6.2 WHEN WE WILL PROVIDE THE PRODUCTS
We will deliver the products to you as soon as reasonably possible and within the timescale relevant to the delivery option you selected at the checkout, which will be within 30 days after the day on which we accept your order.

6.3 WE ARE NOT RESPONSIBLE FOR DELAYS OUTSIDE OUR CONTROL.
If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

6.4 IF YOU ARE NOT AT HOME WHEN THE PRODUCT IS DELIVERED.
If no one is available at your address to take delivery and the products cannot be posted through your letterbox, our courier will leave you a note informing you of how to rearrange delivery or collect the products from a local depot if this is possible.

6.5 IF YOU DO NOT RE-ARRANGE DELIVERY.
If, after a failed delivery to you, you do not re-arrange delivery or collect the products from a delivery depot, the products will be returned to us by the courier and held for 14 days. We will do our best to contact you for further instructions, however if, despite our reasonable efforts, we are unable to contact you then after 14 days the products will be unpacked, returned to stock and you will receive a refund.

6.6 YOUR LEGAL RIGHTS IF WE DELIVER GOODS LATE.
You have legal rights if we deliver any products late. If we miss the delivery deadline for any products, then you may treat the contract as at an end straight away if any of the following apply:

we have refused to deliver the products;
delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
you told us before we accepted your order that delivery within the delivery deadline was essential.
6.7 SETTING A NEW DEADLINE FOR DELIVERY.
If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 6.6, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.

6.8 ENDING THE CONTRACT FOR LATE DELIVERY.
If you do choose to treat the contract as at an end for late delivery under clause 6.6 or clause 6.7, you can cancel your order for any of the products or reject products that have been delivered. If you wish, you can reject or cancel the order for some of those products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled products and their delivery. If the products have been delivered to you, you must either post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please email us at sales@currylovers.co.za for a return label or to arrange collection.

6.9 WHEN YOU BECOME RESPONSIBLE FOR THE PRODUCTS.
The products will be your responsibility from the time we deliver them to the address you gave us.

6.10 WHEN YOU OWN THE PRODUCTS.
You own the products once we have received payment in full.

6.11 WHAT WILL HAPPEN IF YOU DO NOT GIVE REQUIRED INFORMATION TO US.
We may need certain information from you so that we can supply the products to you, for example, you will be asked to select the quantity of units you require, and in which size, prior to adding products to your basket, and you will be able to update the quantity if you wish to do so once the products are in your basket. If you do not give us this information when you place your order, or if you give us incomplete or incorrect information, we may either end the contract or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need.

6.12 REASONS WE MAY SUSPEND THE SUPPLY OF PRODUCTS TO YOU.
We may have to suspend the supply of a product to:

deal with technical problems or make minor technical changes;
update the product to reflect changes in relevant laws and regulatory requirements;
make changes to the product as notified by us to you (see clause 5).

  1. YOUR RIGHTS TO END THE CONTRACT

7.1 YOU CAN ALWAYS END YOUR CONTRACT WITH US.
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing, and when you decide to end the contract:

If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product replaced or to get some or all of your money back), see clause 9;
If you want to end the contract because of something we have done or have told you we are going to do, see clause 7.2;
If you have just changed your mind about the product, see clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any products;
In all other cases (if we are not at fault and there is no right to change your mind), see clause 7.6.
7.2 ENDING THE CONTRACT BECAUSE OF SOMETHING WE HAVE DONE OR ARE GOING TO DO.
If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 5.2);
we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
there is a risk that supply of the products may be significantly delayed because of events outside our control;
we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 6.6).
7.3 EXERCISING YOUR RIGHT TO CHANGE YOUR MIND (CONSUMER CONTRACTS REGULATIONS 2013).
For most products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Protection Act, are explained in more detail in these terms.

7.4 WHEN YOU DON’T HAVE THE RIGHT TO CHANGE YOUR MIND.
You do not have a right to change your mind in respect of:

products which are liable to deteriorate or expire rapidly;
products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and
any products which become mixed inseparably with other items after their delivery.

7.5 HOW LONG DO I HAVE TO CHANGE MY MIND?
You have 14 days after the day you (or someone you nominate) receives the products, unless your products are split into several deliveries over different days. In this case, you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the products.

7.6 ENDING THE CONTRACT WHERE WE ARE NOT AT FAULT AND THERE IS NO RIGHT TO CHANGE YOUR MIND.
Even if we are not at fault and you do not have a right to change your mind (see clause 7.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for products is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.

  1. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)

8.1 TELL US YOU WANT TO END THE CONTRACT.
To end the contract with us, please let us know by doing one of the following:

Email. Email us at sales@currylovers.co.za Please provide your name, home address, details of the order and, where available, your phone number and email address.
Online. Complete the form on our website.
By post. Print off the form and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it, and your name and address.
8.2 RETURNING PRODUCTS AFTER ENDING THE CONTRACT.
If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. Please email us at sales@currylovers.co.za and we will advise you of how to arrange your return and the appropriate warehouse address to return the products to. If you are exercising your right to change your mind you must send off the products within 14 days of telling us you wish to end the contract.

8.3 WHEN WE WILL PAY THE COSTS OF RETURN.
We will pay the costs of return:

if the products are faulty or misdescribed; or
if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

8.4 WHAT WE CHARGE FOR COLLECTION.
If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection. The costs of collection will be calculated based on the weight of the product and its collection location, and will be advised to you prior to organising the collection.

8.5 HOW WE WILL REFUND YOU.
We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

8.6 DEDUCTIONS FROM REFUNDS IF YOU ARE EXERCISING YOUR RIGHT TO CHANGE YOUR MIND.
If you are exercising your right to change your mind:

We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
8.7 WHEN YOUR REFUND WILL BE MADE.
We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:

If we have not offered to collect the products, your refund will be made within 14 days from the day on which we receive the products back from you or, if earlier, the day on which you provide us with evidence that you have sent the products back to us. For information about how to return a product to us, see clause 9.2.
In all other cases, your refund will be made within 14 days of your telling us you have changed your mind.

  1. IF THERE IS A PROBLEM WITH THE PRODUCT
    9.1 HOW TO TELL US ABOUT PROBLEMS.
    If you have any questions or complaints about the product, please contact us. You can email us at sales@currylovers.co.za

9.2 SUMMARY OF YOUR LEGAL RIGHTS.
We are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.

9.3 YOUR OBLIGATION TO RETURN REJECTED PRODUCTS.
If you wish to exercise your legal rights to reject products you must either post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please email us at sales@currylovers.co.za for a return label or to arrange collection.

  1. PRICE AND PAYMENT
    10.1 WHERE TO FIND THE PRICE FOR THE PRODUCT.
    The price of the product (which includes VAT) can be found on the relevant product page, within the shopping cart and also in the checkout. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 10.3 for what happens if we discover an error in the price of the product you order.

10.2 WE WILL PASS ON CHANGES IN THE RATE OF VAT.
If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

10.3 WHAT HAPPENS IF WE GOT THE PRICE WRONG.
It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any products provided to you.

10.4 WHEN YOU MUST PAY AND HOW YOU MUST PAY.
We accept payment with Visa, Mastercard, Maestro, or Discover; or via PayPal. You must pay for the products when you place your order, and at this point we will charge your credit or debit card.

  1. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

11.1 WE ARE RESPONSIBLE TO YOU FOR FORESEEABLE LOSS AND DAMAGE CAUSED BY US.
If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

11.2 WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO.
This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 9.2; and for defective products under the Consumer Protection Act 1987.

11.3 WE ARE NOT LIABLE FOR BUSINESS LOSSES.
We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

  1. HOW WE MAY USE YOUR PERSONAL INFORMATION
    12.1 HOW WE MAY USE YOUR PERSONAL INFORMATION.
    We will only use your personal information as set out in our privacy policy.
  2. OTHER IMPORTANT TERMS
    13.1 WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE.
    We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 30 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.

13.2 YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE.
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

13.3 NOBODY ELSE HAS ANY RIGHTS UNDER THIS CONTRACT.
This contract is between you and us. No other person shall have any rights to enforce any of its terms.

13.4 IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE.
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

13.5 EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER.
If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

13.6 WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS.
These terms are governed by the laws of The Republic of South Africa and you can bring legal proceedings in respect of the products in the South African courts.