Thank you for using the South African Pantry Limited website located at www.sapantry.co.nz (Website). The following terms and conditions govern your use of this Website.
The Website is owned and operated by South African Pantry Limited (SA Pantry and we, our or us).
While every endeavour has been made to supply accurate information, errors and omissions may occur. Accordingly, we do not accept any liability for any loss or damage which may directly or indirectly result from any advice, opinion, information, representation or omission, whether negligent or otherwise, contained on or accessed through the Website.
Material that you see on the Website may be protected by copyright, trade mark, patent or other protections, even if it is not stated to be.
The Website is intended for use by people located in New Zealand and is not intended for use by people located outside New Zealand.
HOW DO I AGREE TO YOUR TERMS?
By using the Website, you agree that these terms will apply and you agree to comply with these terms. If you do not agree to these terms you should cease using the Website.
WHAT CAN I USE THE WEBSITE FOR?
The Website allows you to find out information about SA Pantry, its store(s), products and services, promotions and competitions and certain services which may be provided by SA Pantry to you. We are not responsible if you use the Website for any other purposes.
You are required to register with us before placing your first online shopping order. You are also required to register to make use of certain functionality which may not include placing an online shopping order. Registration and/or use of our Website constitutes your acceptance and agreement to be bound by the Terms and Conditions of our Website, including the Terms and Conditions specific to online shopping.
It is your responsibility to ensure that the details provided by you on registration, or at any time, are correct and complete. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details.
USERNAME AND PASSWORD
Access to some services or content on the Website may require registration. This will result in you creating a username and password that must be used whenever requested. That username and password is personal to you and you agree at all times to maintain the confidentiality of your username and password and not to disclose them to any other party. You agree that you are solely responsible for any use of the Website by any person using your username and password. You agree that all information you make available to us when registering or using the Website is true, accurate, up to date, complete and not false, misleading or deceptive in any way.
A common tactic used by fraudsters is to send out ‘phishing’ emails, text messages, or make calls to people and pretend to be from South African Pantry or another reputable organisation or affiliate of South African Pantry, in an attempt to steal the recipient’s personal information or gain access to their accounts. That’s why it’s important to be vigilant and stay aware. South African Pantry will never:
- Ask you for your Account password or details.
- Ask you for your banking PINs or passwords or security codes to process a transaction.
- Send you a link to the South African Pantry login page – we always suggest you type https://sapantry.co.nz into your browser.
If you notice any suspicious activity on your account please contact us immediately at firstname.lastname@example.org
You understand that we may at any time at our sole discretion and without prior notice to you, prohibit or restrict your access to the Website or any services provided on the Website.
We will use reasonable endeavours to keep the Website free from viruses and from unauthorised access. However, we do not warrant that the Website will always operate uninterrupted or error-free or that any files available for downloading by you will be error-free or free from viruses, faults or defects.
CREATING AN ORDER
Orders can only be created through the use of our Website. No orders by telephone, email, text message, fax or any other medium will be accepted. For the avoidance of doubt, this condition will apply to our online shopping store. Please note that South African Pantry may guide you through the process of placing an order, but are unable to place the order on your behalf.
CREATING AN ELECTRONIC CONTRACT AND ACCEPTING YOUR ORDER
The steps required in creating the contract between you and South African Pantry are as follows:
- You will be guided through the process of booking a delivery or collection slot and filling your shopping basket through a series of simple steps on our Website;
- The final step in placing your order will be confirming the accuracy of your trolley, your substitution preferences and the associated guide price to be charged to your chosen payment method/s. Your order is confirmed on completion of the checkout process;
- We will send you an order acknowledgement email detailing the products you have ordered and any associated delivery or collection information.
- The email acknowledgement will present an ‘indicative or guide price’ only and will be subject to change depending on, but not limited to, the following:
- The final price charged will be the in store price on the day your order is successfully placed. This excludes any variable weight items where the quantity chosen on the Website is designated by a weight and any items requiring substitution. These will be priced on the day of invoicing (which is either the day of or the day before delivery);
- Please note that when your order is delivered, you may return any item and receive a full refund if you consider that the difference between the final price charged and the guide price shown on the Website (and in the email order acknowledgement) is not acceptable.
Unless we have notified you that we do not accept your order or you have cancelled it in accordance with the instructions given, our acceptance of an order takes place on dispatch of the order, at which point the purchase contract will be made and you will be charged for your order. Dispatch will occur on the day of delivery, subject to normal operating procedures.
Non-acceptance of an order may be as a result of one of the following, but not limited to:
- The product you ordered is not available from stock;
- We are unable to obtain authorisation for your payment;
- A price or product description error is identified;
- You do not meet the eligibility to order criteria set out in the main Terms and Conditions.
The contract will be concluded in English. Details of your specific agreement to the contract will not be filed by South African Pantry. Should you require any information regarding orders you have placed with South African Pantry, please contact us directly.
All offers are subject to availability and while stocks last.
RISK AND OWNERSHIP OF GOODS
For the avoidance of doubt, the ownership and risk associated with your goods will be held by South African Pantry Limited up until the point of delivery or collection. Any damage, disappearance or theft of goods post delivery or collection, will become the responsibility of the person who placed the order and against whom the contract is binding.
Please note that South African Pantry Limited cannot be held responsible for orders placed incorrectly on our Website, even if the error was in good faith. South African Pantry Limited will not be responsible for delivering the originally intended item unless as part of a new delivery and/or subject to a further delivery charge.
Goods discovered to be damaged or unwanted subsequent to the delivery process may still be returned subject to acceptance by our store and South African Pantry Limited returns and refunds policy. For the avoidance of doubt, no collection or delivery service will be provided by South African Pantry Limited for these returns.
PRODUCTS ORDERED BY WEIGHT
Where items are ordered by weight, we will endeavour to provide you with an amount as close to the requested weight as possible. The actual amount you receive may exceed or be less than the amount requested. Please note that the price charged will be on the day of invoicing (either the day of or the day before delivery is due) and will be solely based on the actual weight of the item that you received and not the requested weight. Should the amount or the price of the delivered item be unacceptable you may return the item (or items) for a full refund. South African Pantry will not be liable for any redelivery or remedy from items returned due to weight or cost differences.
Should the weight on the delivery invoice differ from the actual weight of the product delivered, but the price charged is accurate, South African Pantry will not be liable for delivery of the weight amount as per the delivery invoice.
Only items indicated as available on our Website can be purchased. Items stocked in store but not indicated as available on our Website, do not form part of our catalogue and therefore cannot be ordered. We will not deliver items not available on our Website even if they are requested through any special instruction available as part of the ordering process.
Due to the fact that we carefully choose your goods in store, we may occasionally run out of stock before we can update our stock availability on the Website. We endeavour to keep this to a minimum, but provide the facility for you to select ‘substitution’ options in the event that we are unable to fulfill your original request.
Some items that are available in store will not be available on our Website.
South African Pantry reserves the right to decline to fulfill any order, including bulk purchases of items on promotion or included in a special offer.
Where we deliver to and restrictions thereof
The delivery service may not be available in restricted areas From time to time, and with no prior warning, we will update the delivery coverage areas. We reserve the right to restrict deliveries in certain areas, including areas previously covered by our affiliate courier service.
We also reserve the right to withdraw our services to individual customers’ addresses subject, but not limited, to the following:
- Dangerous delivery conditions that pose a health and safety risk for our courier company;
- Unavailability of free suitable, and legal, parking and offloading space;
- Excessive distance between the vehicle offload point and the final customer handover point, including any unreasonable requirement or expectation to climb stairs or negotiate other physical obstacles;
- Repeated unavailability of an authorised signatory to take delivery;
- Repeat and excessive returns that misuse the reasonable nature of the service;
- Repeat and/or excessive short supply or damage claims for which responsibility or liability cannot be determined.
Should we not deliver to your area and you would like us to – please submit your location to us and we will contact you when/if we are able to extend coverage to your area.
We cannot accept responsibility for the provision of an incorrect delivery address. We will deliver to the address provided at point of order submission. This delivery address is clearly displayed throughout the online shopping experience and can easily be changed at any point up until final payment confirmation. Should we be unable to deliver due to the provision of an incorrect delivery address, all the applicable Terms and Conditions will apply.
The delivery process
Delivery times offered will vary according to our store location from which your delivery will be picked and distributed this is based upon your delivery address, which may be different from you registration address.
Our affiliate courier company will bring the shopping to the door of your premises or business only.
Providing entry into your premises is at your own risk. South African Pantry accepts no liability or responsibility for any loss or damages occurring as a result of or consequence of your request for our affiliate courier company entering your premises, whether or not the loss or damages could be construed to be as a result of negligent behaviour.
Our affiliate courier company will carry identification which you must ask for. Drivers will be able to inform you of the order number and the intended recipient (as provided on the order) as an additional security check.
If you do not contact us to rearrange a failed delivery within 12 hours of the start of the original delivery slot, the order will be cancelled and the cost of your order charged. For the avoidance of doubt, South African Pantry reserves the right to retain the cost of perishable items and the associated delivery charge when the service has been provided in accordance with the Terms and Conditions as laid out.
For delivery, your order will be presented in sealed boxes and/or cool boxes – with exceptions for loose items unable to fit, or bulk products which are more easily transported and delivered in their original packaging. The seals should only be broken in the presence of an authorised signatory. Should the boxes not be sealed, or the seals already broken, you should not accept the order and immediately contact South African Pantry.
Please note adverse weather conditions, accidents, road work, unusual traffic congestion or any other events outside of our reasonable control may result in the occasional late or cancelled delivery. If that is the case we will endeavour to contact you as soon as we are able to and reschedule your delivery time and date. In any event for cancelled deliveries our liability to you will be limited to refunding the price of any goods not delivered and the associated delivery charge. We cannot be held liable for delivery delays outside of our control and any refund where liability is accepted will be limited to the cost of the delivery charge.
Deliveries are limited to 1 delivery per address per day.
Delivery and collection charges
Delivery charges are determined locally based on the factors affecting deliveries at your chosen delivery address and from our physical store. South African Pantry reserves the right to adjust delivery charges, at any time and without prior notification, to take into account local conditions and quality of service in accordance with every delivery address.
In store collection (where available) is currently free, although South African Pantry reserves the right to apply a reasonable charge without prior notification.
Orders are currently not subject to a minimum order value – South African Pantry reserves the right to amend this policy at any time and apply a minimum order value without prior notification.
Deliveries on orders above the size and weight shipping value
For orders above the size and weight shipping value, we cannot guarantee meeting your specific order. Should we be unable to meet your chosen order we will be in contact with you. We reserve the right to adjust this order value threshold at any time and without prior notification.
Click AND Collect – in store collection process
Click and Collect times are based on our physical store opening and closing times. At the point at which you place your order, the full list of associated collection times will be presented to you.
Goods must be signed for upon collection, by yourself, or by a nominated representative who must be aged 18 or above. Under no circumstances will goods be left unattended or with anybody below the age of 18.
For Click and Collect orders you are required to present your order number to the in store service desk during your chosen collection slot. You are required to sign the invoice and note any returns on the invoice.
For the avoidance of doubt, this is a separate Online Shopping process to returning goods directly to the collection store.
If you fail to collect your Click and Collect order during your chosen collection slot, South African Pantry Limited will contact you to arrange an alternative collection time. South African Pantry Limited reserves the right to charge a reasonable re-stocking fee should the start of the alternative collection slot (one or more) exceed the end time of the original collection slot by six (6) hours.
If you do not contact us to rearrange collection within 24 hours of the start of the original collection slot, the order will be cancelled and the cost of your order (excluding the cost of perishable items) will be refunded to you. For the avoidance of doubt, South African Pantry Limited reserves the right to retain the cost of perishable items when the service has been provided in accordance with the Terms and Conditions as laid out.
Changing your order
Amendments to orders must be completed online before the full transaction for the respective order has been reached. South African Pantry Limited will not be held liable or responsible for any impacts related to the amendments, particularly with respect to stock availability or delivery/collection slot pricing or availability.
South African Pantry Limited reserves the right to accept no amendments after the full transaction is complete.
Cancellation of orders prior to delivery or collection
There is a no cancellation policy for the South African Pantry online store for both delivery and collection.
General pricing policy
All prices are expressed inclusive of any GST payable unless otherwise stated or displayed.
The final price charged will be the in-store price including the delivery charge.
Any savings or special offers that appear subsequent to placement of the order and are valid on the day of invoicing will be not be passed on to the customer and reflected in the invoice. Any specials must be chosen by the customer to be eligible for the saving or discount.
The unit price for products that are weighed and displayed on the Website are calculated on drained weight where applicable.
General payment provisions
South African Pantry is authorised to debit the total amount payable for the goods ordered against the authorised payment type supplied by you when completing your order. By submitting your order and associated payment details you warrant that you are authorised to make payment with the card (or other tender type) and that there are sufficient funds available to pay for the order.
We will debit the total value of your online order against the payment card tendered by you during the checkout process.
Payment authorisation (reserving of funds) is processed the day before your delivery is scheduled, prior to the commencement of order picking, unless otherwise stated. If payment authorisation is successful, the order amount plus a nominal additional percentage will be reserved.
Payment authorisation does not constitute a payment to South African Pantry, but rather confirms the validity of the account information entered at checkout, and the availability of necessary funds.
By submitting your order and payment details, you warrant that you are over the age of 18 (eighteen), are authorised to make payment with the payment type, and that there are sufficient funds available to pay for the order.
Any of the following credit cards may be used to pay for your online shopping purchases: Visa, Mastercard, Diners and Amex. Certain (non-pin based) Debit Cards may also be used – typically where the debit card is issued with an expiry date and a CVV number.
For the record, South African Pantry may securely store limited payment information for fraud verification purposes. Your credit or debit card details are encrypted and transmitted directly to our secure payment gateway which is provided by Stripe. South African Pantry does not store complete or usable credit or debit card information. We may store other credit or debit card information (such as your masked credit or debit card number) used to pay for orders placed through our online store so that we can help you identify cards you have used to pay for your items before and may like to use again. To pay for your order you will be transferred to a secure accredited partner that is PCI compliant.
The final invoiced amount will be based on the in-store price on the day your order is successfully placed, with the exception of any substitute products and variable weight products (ordered by weight quantity on the website) which will be priced on the day of invoicing (either the day of or the day before delivery).
If you have booked a South African Pantry order for collection you are still required to provide your payment details on the Website and payment will automatically be taken on the day of invoicing (either the day of or the day before collection is due). The pricing policy for collection orders is the same as for deliveries.
If you have booked a delivery and invalid card details have been entered during the checkout process, this may result in your original chosen delivery slot no longer being available. South African Pantry will accept no liability as a result and all Terms and Conditions will apply as per the original order, irrespective of a new delivery slot being agreed.
For your security we operate a tolerance level on your credit/debit card transactions such that we can only increase the amount charged (should it be necessary due to substitutes either provided by yourself or chosen by your personal shopper) within a reasonable level – this is for your further protection.
Sufficient funds and expiry date on payment card
It is your responsibility to ensure that the expiry date of your payment card is after the requested dispatch date of your order and that your payment card has sufficient funds to cover the purchase. The final invoiced amount will be based on the in-store price (for the store that is delivering your order, or preparing it for in-store collection) on the day your order is successfully placed, with the exception of any substitute products and variable weight products (ordered by weight quantity on the website) which will be priced on the day of invoicing (either the day of or the day before delivery). In the event that the payment card has expired, or there are insufficient funds, we will be unable to take payment and fulfill your order.
In the event of a failed payment
This applies to failed payments for credit/debit card purchases. The order will not be processed.
Payment security policy
We understand your concerns with security and your peace of mind and safety are of the utmost importance to us.
As a result, we have developed highly secure online ordering facilities on our Website. This is specifically intended to give you confidence when you use your credit/debit card to shop with us, but also when you entrust us with your personal details like addresses and phone numbers.
We comply with all the necessary compliance regulations in effect and as such have partnered with one of the leading experts in the field of secure payments when it comes to the protection of our customers’ data.
Credit/Debit card safety
South African Pantry have partnered with Stripe who are trusted experts in the field of secure online payments. The payment screens that you see on our Website (with the exception of third party sites who provide their own payment gateways for which we accept no liability) are presented directly from Stripe to ensure complete confidentiality in the transaction. Stripe uses Secure Sockets Layer (SSL) technology to encrypt your details as they are being transmitted across the internet. This prevents anyone from eavesdropping on your shopping session and keeps your card and personal details private.
Once your order is processed, the payment details associated with your order are removed from Stripe files unless you opt for the convenient and secure card storage service.
Best by dates on food products
The best-by-date refers to the date recommended that you use the product by for best physical and/or sensory quality. It is not an expiration date.
New Zealand supermarkets are legally allowed to sell products after their “best before” dates if that’s what they want to do. It is legal in NZ to sell a product with an expired best-before date, as long as the product is up to scratch, and if supermarkets selling it means less food is wasted. But the products should be very clearly marked as being past their best-before date so consumers know exactly what they’re buying.
Best before and use-by dates are set with the expectation that you’ll keep the product according to the instructions on the label.
It is unfortunately out of South African Pantry Limited control to supply all the groceries products with long shelve lives and/or best-by-dates. We do however endeavour to supply products that are still within the best-by-date category or just past the best-by-dates. We work closely with our suppliers in New Zealand and South Africa to supply products with the best dates, but with logistical challenges and shipping delays products can take up to 120 days to arrive and be cleared in New Zealand for retail.
WHO OWNS THE CONTENT OF THIS WEBSITE?
The Website contains intellectual property and other proprietary information. We and other third parties have intellectual property in everything that you hear, read, download or access on or via the Website (including messages, files, data, software, images, photographs and other materials). You are not permitted to do anything which breaches these intellectual property rights (like copying, modifying or reposting content) unless we allow you to.
WHAT ABOUT LINKS TO OTHER WEBSITES?
We have not reviewed all of the Websites that may be linked to this Website. We are not responsible for the content or accuracy of any off-site page or other websites linked to this Website. Just because we include a link to another website does not mean we endorse it and you use the link at your own risk.
THINGS YOU MUST NOT DO
You must not disrupt or interfere with the Website or servers or other software, hardware or equipment connected to or via the Website. You must not break any relevant law which applies to the use of the Website. If you do any of these things or otherwise use the Website inappropriately or maliciously you will indemnify us for any loss we may suffer in connection with what you have done.
INFORMATION ON THE WEBSITE
We will endeavour to keep information on the Website as accurate and up to date as possible. However, the Website may have some material which is not accurate or up to date in all respects or errors or omissions may occur. For this reason, we do not warrant the accuracy or completeness of the information and, to the extent we are able to by law, we do not accept any liability for any errors on this Website.
We may update information on the Website at any time and without notice.
Specials advertised on the Website are subject to availability and while stocks last.
We disclaim (to the maximum extent permitted in law) all liability for any damage or loss resulting from your use of, or reliance on, the Website or the information provided via the Website.
COLLECTION OF PERSONAL INFORMATION AND YOUR PRIVACY
We may need to obtain personal information from you in the course of providing some of the services or content of the Website to you. Personal information is any information about you that identifies you, or by which your identity can reasonably be ascertained.
HOW CAN THE TERMS BE CHANGED?
We can change the terms at any time, without notice to you by updating them on the Website. The revised terms will take effect when they are posted and your continued use of the Website means you agree to our revised terms.
IMAGES ON THIS WEBSITE
Product images are for illustrative purposes only and may differ from the actual product. Due to differences in monitors, colours of products may also appear different to those shown on the Website.
GOVERNING LAW AND DISPUTES
The Website is governed by New Zealand law. If we have any issues which need to be resolved by a Court, you agree to the exclusive jurisdiction of New Zealand Courts.
Last updated 21 April 2020