Terms & Conditions

Please pay special attention to the clauses in bold as they may (a) limit Our liability or liability of a third party; (b) create risk or liability for You; (c) require You to release Use or a third party from liability; (d) require You to acknowledge a fact.

1. Introduction And Acceptance

1.1. The Restaurant Warehouse (Pty) Ltd (Registration No 2018/279143/07), located at 8 Electron Avenue Linbro Business Park, Frankenwald, Gauteng, 2090 (“We”, “Us”, “Our”) provides the information on this Website and sells the Goods offered via the Website, subject to these terms and conditions (“Terms”).

1.2. We may change the Terms & Conditions from time to time and these changes will be made available on the Website. When you Use the Website, You agree to the Terms & Conditions.

2. Purchase Of Goods

2.1. An agreement for sale of the Goods only comes into effect when payment for the Goods is received by Us in full.

2.2. For cancellations and returns, please refer to our return policy.

3. How To Check Out

3.1. You can go to the “checkout page” by clicking on the “My Cart” button, then click on “Check Out”. This will direct you to the checkout page to review your shopping cart and user information. You will be required to verify your order details and delivery information.

3.2. You will then be directed to complete the payment process. Once successful, you will receive an email confirming the order and will be directed to the order history page.

3.3. Payment can be made via PayPal or Peach payments

4. Delivery

There may be circumstances where delivery is delayed due to occurrences which are unfortunately beyond our control, such as high traffic volumes. Should this be the case we will communicate with you and rectify as quickly as possible.

5. Discounts and Specials

5.1. We may offer discounts on Goods (“Specials”). The amount of stock available for a Special may be limited. Once a Special is sold out, the Goods in question will no longer be available at the discounted price. We will specify on the website once Specials are sold out.

5.2. If you place an order subject to a Special in your shopping cart but do not complete the order, the items selected will not be reserved for you. We will only reserve Goods subject to the Special once We have received the full payment from you.

6. Content You Provide

6.1. You warrant that all information submitted by you is true, accurate, current and complete. You must not misrepresent Your identity.

6.2. By using the Website, We have the right to use information, data, materials and other content You provide via the Website.

7. Communications That Originate From You

We may assume that all electronic and other communications which reasonably appear to originate from You or a person You have told Us is authorised to act on Your behalf are in fact from You and the form in which We receive the communication is the same as when it was first dispatched.

8. To Protect The Integrity Of The Website

8.1. You may not:

8.1.1. use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Website without Our prior written consent;

8.1.2. use or attempt to use any engine, software, tool, agent, or other device or mechanism (including, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website other than the search engines and search agents available through the Website and other than generally available third party web browsers;

8.1.3. post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Website;

8.1.4. attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Website;

8.1.5. use the Website in a manner that would bring Us into disrepute;

8.1.6. access the Website for unlawful purposes or use the Website in a manner which infringes Our rights or the rights of any other person or restricts or inhibits the use of or enjoyment of Our Information Systems by any other person;

8.1.7. post or transfer any material to the Website that is unlawful or violates any third party’s rights or which is obscene, misleading, inaccurate, defamatory, illegal, in breach of any copyright or other intellectual property right, or damaging to data, software or the performance of Our or any other parties’ computer system.

8.2. We are entitled to remove any information You have submitted via the Website and/or suspend Your use of the Website at any time on notice to You.

9. Your Personal Information

We will protect and use Your personal information in accordance with Our Privacy Policy

10. Intellectual Property

10.1. We own or are licensed to use all intellectual property rights in and to all materials, text, content, videos’, photographs, drawings and data (collectively, the “Materials“) made available on the Website. You may not reproduce, distribute, create a derivative, sell, broadcast or in any other way exploit of the whole or any part of the Materials.

10.2. The Website and the Materials may not be reproduced, duplicated or copied in whole or in part or otherwise exploited for any purpose without Our express prior written consent.

10.3. We own or are licensed to use the trademarks, names, logos and service marks (collectively, the “Trademarks“) displayed on the Website, whether registered or unregistered. You must obtain Our prior written permission should You want to use any of the Trademarks.

11. Warranties

11.1. Although We will always try to ensure the Website is available, the Website is provided “as is”. Subject to applicable laws We give no warranties, representations, statements or guarantees (whether express, implied in law or residual) in this regard.

11.2. Subject to the Consumer Protection Act (“CPA”) and where applicable, We:

11.2.1. supply all Goods “as is” and disclaim all implied warranties of merchantability or fitness for a particular purpose;

11.2.2. do not warrant that the Website or any information obtained from use of the Website will (a) be uninterrupted, timely, secure or error free; (b) meet any particular measure of accuracy, completeness or reliability, performance or quality; (c) be free of viruses or any other data or code which has the ability to corrupt or adversely affect the operation of your computer, data or network.

11.3. You warrant that you have legal capacity to be bound by the Terms and Conditions.

12. Limited Liability

12.1. Subject to the CPA, we are not liable for any loss, liability, damage or expense (other than arising from Our fraudulent actions or gross negligence) of any nature which may be caused by or attributable, directly or indirectly, to (a) the Goods; (b) the Website; (c) your Use of or reliance on any information offered on or via the Website; (d) your acts or omissions; (e) breach by you of the Terms; (f) the fact that We act on your instructions or instructions purported to emanate from you; (g) any error or omission in respect of information submitted to us.

12.2. If We are found to be liable for breach of the Terms, Our liability is limited to R1000.

12.3. Neither of us will be liable for any indirect or consequential loss or damage of whatever nature and however it may arise.

13. External Links

External links may be provided for Your convenience. We make no representation as to their content and use on any external links is at Your own risk. When visiting external links, You must refer to their website’s terms and conditions.

14. Force Majeure

14.1. If We are prevented or restricted from complying with the Terms because an event of force majeure, We will be relieved of Our obligations under the Terms during the period of the Force Majeure Event.

14.2. A “force majeure event” means any event or circumstance which is not within Our control, the reasonable including vis major, casus fortuitus, any act of G-d, strike, theft, fire, explosion, riot, insurrection or other civil disorder, war (whether declared or not) or military operations, the downtime of any communications line and/or unavailability of any telecommunications facility or infrastructure, international restrictions, any requirement of any international authority, any requirement of any government or other competent local authority, court order, export control and shortage of transport facilities.

15. Breach of the Terms

Should either of us (“Defaulting Party“) breach the Terms and not remedy the breach within fourteen days of receiving written notice from the other party (“Aggrieved Party“), the Aggrieved Party may, without prejudice to its other rights in law, terminate the Terms or claim immediate specific performance of all of the Defaulting Party’s obligations, whether or not due for performance.

16. General

16.1. If there is any conflict between the Terms and the CPA, the CPA will apply.

16.2. These Terms are the sole record of the agreement between Us in relation to the subject matter of the Terms. Neither of us are bound by any express, tacit or implied representation or warranty not recorded in these Terms. These terms replace all prior written and verbal communications, between us about the Goods.

16.3. If either one of us gives the other an indulgence or extension of time, doing so will not waive or limit any of our rights, unless we expressly agree in writing to waive or limit them.

17. Address For Legal Notices

17.1. You agree to accept any notice or legal process relating to the Terms at the address provided during the registration process.

17.2. You must send any notice or legal process relating to the Terms to Our Physical address on the Website.

17.3. Either of us can change our physical address to any other physical address in South Africa, our telephone number and facsimile number and must give the other party written notice of the change.

18. The Law that Applies to the Terms and Jurisdiction

The Parties irrevocably submit to the exclusive jurisdiction of the South African courts. The laws of the Republic of South Africa will apply to the Terms without giving effect to any principles of conflict of law and .

19. Queries and Complaints

Please email any queries or complaints to support@therestaurantwarehouse.co.za

This page was last updated on 21 November 2023