Terms and Conditions
Introduction
Welcome to the Website of The Red Espresso Company (Pty) Ltd (“The Red Espresso Company”, “Red Espresso”, “we”, “our” or “us”).
These Terms and Conditions govern your access to and use of the Website located at www.redespresso.co.za (“Website”), including the purchase of Products, applications for Wholesale Accounts, the creation of Customer Accounts and any other services or information made available through the Website.
By accessing or using the Website, creating an account, applying for a Wholesale Account or placing an order, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions.
If you do not agree to these Terms and Conditions, you must discontinue use of the Website immediately.
These Terms and Conditions should be read together with our Privacy Policy, Delivery & Returns Policy and any other policies published on the Website from time to time.
Definitions
Unless the context indicates otherwise, the following terms shall have the meanings set out below:
“Business Day” means any day other than a Saturday, Sunday or official public holiday in South Africa.
“Customer” means any person or entity that accesses the Website, creates an account, submits a Wholesale Application or purchases Products through the Website.
“Products” means any goods offered for sale by Red Espresso through the Website.
“Website” means www.redespresso.co.za and all associated webpages operated by The Red Espresso Company.
“Wholesale Account” means an account approved by Red Espresso that allows eligible business customers to purchase Products at wholesale pricing.
“Terms and Conditions” means this document, as amended from time to time.
Definitions
For purposes of this Privacy Policy:
- Personal Information has the meaning assigned to it in POPIA and includes information relating to an identifiable natural person or, where applicable, an identifiable juristic person.
- Processing means any operation performed on personal information including collecting, recording, organising, storing, updating, using, sharing or deleting information.
- Customer means any individual or business that purchases Products, creates an account, applies for a Wholesale Account or otherwise interacts with Red Espresso.
- Website means www.redespresso.co.za and all webpages operated by The Red Espresso Company.
Company Information
This Website is owned and operated by:
The Red Espresso Company (Pty) Ltd
Registration Number: 2005/029624/07
Trading Name: Red Espresso
Physical Address:
30 Zandwyk Park
Old Paarl Main Road
Paarl
7646
South Africa
Telephone: +27 (0)21 863 1060
Email: info@redespresso.com
Website: www.redespresso.co.za
Application of these Terms and Conditions
These Terms and Conditions apply to every person who accesses or uses the Website, including Customers, visitors, registered account holders and applicants for Wholesale Accounts.
By using the Website, you warrant that:
- you have the legal capacity to enter into a binding agreement;
- all information provided by you is accurate and complete;
- you will comply with these Terms and Conditions and all applicable laws.
If you access the Website on behalf of a company, partnership, trust or other legal entity, you warrant that you are authorised to bind that entity to these Terms and Conditions.
How We Collect Personal Information
Red Espresso collects personal information directly from you when you:
- place an order;
- create an account;
- submit a Wholesale Account application;
- subscribe to our newsletter;
- complete a contact form;
- communicate with us by email or telephone;
- enter a promotion or competition;
- leave a review;
- interact with us through social media.
We also collect certain technical information automatically through cookies, analytics tools and similar technologies when you use the Website.
Changes to these Terms and Conditions
The Red Espresso Company may amend these Terms and Conditions from time to time to reflect changes to our business, Products, services, legal obligations, technology or the operation of the Website.
The most current version will always be published on the Website and will take effect from the date on which it is published, unless otherwise stated.
Your continued use of the Website after revised Terms and Conditions have been published constitutes your acceptance of those changes. If you do not agree to any amendment, you must discontinue your use of the Website.
Website Availability
Red Espresso will only process your personal information where there is a lawful basis for doing so in terms of POPIA.
Depending on the circumstances, we may process your personal information because:
- you have provided your consent;
- processing is necessary to fulfil a contract with you;
- processing is required to comply with a legal obligation;
- processing protects your legitimate interests or those of Red Espresso; or
- processing is otherwise permitted or required by applicable law.
Where your consent is required, you may withdraw that consent at any time. Withdrawal of consent will not affect the lawfulness of any processing undertaken before consent was withdrawn.
Marketing Communications
While Red Espresso endeavours to keep the Website available at all times, we do not warrant that access will be uninterrupted, secure or error-free.
From time to time, access to all or part of the Website may be suspended, restricted or withdrawn without prior notice where reasonably necessary, including for:
- scheduled maintenance;
- software updates;
- security improvements;
- system upgrades;
- technical failures; or
- circumstances beyond our reasonable control.
Red Espresso shall not be liable for any loss or inconvenience arising from the temporary unavailability of the Website.
Website Content
We take reasonable care to ensure that all information published on the Website is accurate and up to date at the time of publication.
However, information provided on the Website is intended for general informational purposes only and should not be regarded as professional, medical, nutritional or legal advice.
In particular:
- Product descriptions, specifications and ingredients may change from time to time.
- Product photographs are provided for illustrative purposes only.
- Colours displayed on electronic devices may differ from the actual Product.
- Packaging may vary from that shown on the Website due to product updates or manufacturing changes.
While every reasonable effort is made to maintain the accuracy of the Website, Red Espresso does not warrant that all information will always be complete, accurate or free from error.
Customers should always refer to the Product packaging before consuming any Product, particularly where allergies, dietary requirements or ingredient sensitivities may apply.
Any new features, functionality, Products or services introduced on the Website from time to time shall also be governed by these Terms and Conditions unless otherwise stated.
Customer Eligibility
To purchase Products or create an account on the Website, you confirm that:
- you are at least 18 years of age or otherwise have the legal capacity to enter into binding agreements in your jurisdiction;
- all information supplied by you is true, accurate and complete;
- you are authorised to use any payment method selected during checkout; and
- you will use the Website only for lawful purposes.
Red Espresso may refuse access to the Website or decline any order where we reasonably believe that these requirements have not been met.
Advertising and Remarketing
Red Espresso may use advertising technologies that help us deliver more relevant advertising across digital platforms.
These technologies may allow us to:
- measure the effectiveness of advertising campaigns;
- understand which Products or pages are most popular;
- display relevant advertising based on previous interactions with the Website; and
- improve our marketing performance.
Advertising partners may use cookies or similar technologies in accordance with their own privacy policies.
Where required by law, Red Espresso will obtain the necessary consent before using advertising technologies that process personal information.
Customer Accounts
Customers may create an online account to simplify future purchases, manage their personal information and view their order history.
You are responsible for maintaining the confidentiality of your username and password and for all activities conducted through your account.
You agree to:
- keep your login credentials secure;
- notify Red Espresso immediately if you become aware of any unauthorised access to your account;
- ensure that your account information remains accurate and up to date.
Red Espresso reserves the right to suspend or terminate any Customer Account where fraudulent, unlawful or abusive activity is reasonably suspected.
Wholesale Accounts
Businesses wishing to purchase Products at wholesale pricing may apply for a Wholesale Account through the Website.
Submission of a Wholesale Account application does not constitute acceptance.
Each application will be reviewed by Red Espresso and may require additional information before a decision is made.
Red Espresso may approve, decline, suspend or withdraw a Wholesale Account where, including but not limited to:
- information supplied cannot be verified;
- eligibility requirements are not met;
- fraudulent or misleading information has been submitted;
- these Terms and Conditions have been breached;
- continued supply would expose Red Espresso to unreasonable commercial or legal risk.
Approval of a Wholesale Account does not create an exclusive distribution agreement, ongoing supply obligation or any contractual relationship beyond these Terms and Conditions unless expressly agreed in writing.
Orders
All orders submitted through the Website are subject to acceptance by Red Espresso.
Once an order has been placed, you will receive an order confirmation acknowledging receipt of your order. This acknowledgement confirms only that your order has been received and does not constitute acceptance.
A legally binding agreement is concluded only once:
- payment has been successfully authorised (where applicable);
- Product availability has been confirmed; and
- Red Espresso has accepted the order for fulfilment.
Until that time, Red Espresso reserves the right to decline or cancel any order for reasons including, but not limited to:
- pricing errors;
- Product availability;
- payment authorisation failure;
- suspected fraud;
- suspected unlawful activity;
- technical errors affecting the Website; or
- circumstances beyond our reasonable control.
Where payment has already been received for an order that cannot be fulfilled, Red Espresso will refund the amount paid using the original payment method unless otherwise agreed.
Red Espresso reserves the right to limit quantities purchased per Customer, household, business or order where reasonably necessary to ensure fair allocation of Products, manage stock availability or prevent fraudulent or commercial misuse.
Product Availability
All Products are offered subject to availability.
Although Red Espresso uses reasonable efforts to maintain accurate inventory records, stock shortages may occasionally occur due to manufacturing schedules, supplier constraints, inventory discrepancies or unforeseen demand.
Where Products become unavailable after an order has been placed, Red Espresso may, at its discretion:
- offer a suitable alternative Product;
- delay fulfilment until stock becomes available;
- fulfil part of the order and refund the balance; or
- cancel the affected portion of the order and provide an appropriate refund.
Red Espresso reserves the right to discontinue or modify any Product without prior notice.
We reserve the right to limit quantities of Products.
Pricing
Unless otherwise stated, all prices displayed on the Website are shown in the applicable local currency and include Value-Added Tax (VAT) where required by South African law.
Prices displayed on websites operated by Red Espresso in different countries or regions may vary.
Red Espresso reserves the right to amend prices at any time without prior notice.
The price applicable to your purchase will be the price displayed when your order is accepted.
Despite our best efforts, pricing errors may occasionally occur.
Where an obvious pricing error has occurred, Red Espresso reserves the right to:
- cancel the affected order;
- correct the pricing error; or
- provide the Customer with the opportunity to proceed at the correct price.
Red Espresso shall not be obliged to supply Products at an obviously incorrect price resulting from an error or technical malfunction.
Promotions and Promotional Codes
From time to time, Red Espresso may offer promotional pricing, discount codes, vouchers, competitions or other promotional offers (“Promotions”).
Unless expressly stated otherwise:
- Promotions may not be combined with any other offer.
- Promotional codes are non-transferable and may not be exchanged for cash.
- Promotions are valid only for the period specified and while stocks last.
- Promotions may be amended, suspended or withdrawn at any time without prior notice.
Where Red Espresso reasonably believes that a Promotion has been misused, manipulated or obtained fraudulently, we reserve the right to:
- cancel the Promotion;
- refuse or cancel the affected order;
- withdraw any associated benefit; or
- suspend or terminate the relevant Customer or Wholesale Account.
Payment
Payment for all Products must be received in full before an order is dispatched, unless otherwise agreed in writing.
Red Espresso accepts the payment methods displayed during the checkout process.
Payments are processed by secure third-party payment service providers. Red Espresso does not store Customers’ complete payment card details on its own systems.
By submitting payment information, you warrant that:
- you are authorised to use the selected payment method;
- the payment information supplied is accurate and complete; and
- sufficient funds are available to complete the transaction.
Where payment authorisation is declined, the order will not be processed.
Online Payment Security
Delivery, shipping, exchanges, returns, refunds and order cancellations are governed by the Red Espresso Delivery & Returns Policy, which forms part of these Terms and Conditions.
The Delivery & Returns Policy includes information regarding:
- delivery locations;
- estimated delivery timeframes;
- shipping charges;
- order tracking;
- damaged or incorrect deliveries;
- exchanges and returns;
- refunds; and
- cancellations.
By placing an order through the Website, you acknowledge that you have read and accepted the Delivery & Returns Policy.
Intellectual Property
All intellectual property rights appearing on or forming part of the Website, including but not limited to:
- trademarks;
- logos;
- trade names;
- product names;
- photographs;
- videos;
- graphics;
- artwork;
- packaging;
- product designs;
- website design;
- written content;
- software; and
- other proprietary material,
are owned by, or licensed to, The Red Espresso Company and are protected by South African and international intellectual property laws.
Nothing contained on the Website grants any licence or right to use any intellectual property without the prior written consent of The Red Espresso Company.
You may not, without our prior written permission:
- copy;
- reproduce;
- modify;
- republish;
- distribute;
- commercially exploit;
- reverse engineer; or
- create derivative works from
any content appearing on the Website.
Red Espresso owns and licenses numerous registered trademarks and valuable intellectual property associated with its brands and products, including its internationally recognised Rooibos Espresso innovation.
Further information regarding Red Espresso’s patents, certifications and intellectual property is available on the Website’s Global Patent and Certifications & Standards pages.
Any unauthorised use of our intellectual property may result in legal proceedings.
Acceptable Use of the Website
You agree to use the Website responsibly and only for lawful purposes.
You may not use the Website in any manner that:
- breaches any applicable law or regulation;
- infringes the rights of another person;
- interferes with the operation or security of the Website;
- introduces viruses, malware or malicious code;
- attempts to gain unauthorised access to any systems or information;
- interferes with another person’s use of the Website;
- collects data from the Website using automated means without our prior written consent;
- uses the Website for fraudulent or deceptive purposes.
Red Espresso may suspend or restrict access to the Website where we reasonably believe that these Terms and Conditions have been breached.
Customer Content
Where Customers submit reviews, testimonials, photographs, comments or other content through the Website or associated platforms, you grant Red Espresso a non-exclusive, royalty-free, worldwide licence to use, reproduce, publish and display that content for marketing, promotional and business purposes.
You warrant that:
- the content belongs to you or you have permission to submit it;
- the content does not infringe the rights of any third party;
- the content is not unlawful, defamatory, abusive or misleading.
Red Espresso reserves the right to remove any content that, in our reasonable opinion, is inappropriate or inconsistent with these Terms and Conditions.
Third-Party Websites and Services
The Website may contain links to third-party websites, platforms or services for the convenience of Customers.
Red Espresso does not control or endorse those third-party websites and accepts no responsibility for:
- their availability;
- their content;
- their security;
- their privacy practices; or
- any products or services they provide.
Your use of third-party websites is entirely at your own risk and subject to their respective terms and conditions.
Geographic Restrictions
Red Espresso reserves the right to restrict the sale or delivery of Products to particular countries, regions or jurisdictions where necessary for legal, commercial or operational reasons.
Disclaimer
To the fullest extent permitted by applicable law, the Website and all information, Products and services made available through it are provided on an “as is” and “as available” basis.
While Red Espresso takes reasonable steps to ensure the accuracy of information published on the Website, we do not warrant that:
- the Website will always operate without interruption;
- the Website will be free from errors or viruses;
- all information will always be accurate, complete or current; or
- the Website will always be compatible with every device or browser.
Nothing contained on the Website should be interpreted as medical, nutritional, health or professional advice.
Customers should seek appropriate professional advice where required.
Electronic Communications
By using the Website, creating an account or communicating with Red Espresso electronically, you consent to receiving communications from us electronically.
You agree that notices, disclosures, confirmations, invoices and other communications provided electronically satisfy any legal requirement that such communications be in writing.
Governing Law
These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.
Any dispute arising from or relating to these Terms and Conditions, the Website or any transaction concluded through the Website shall be subject to the jurisdiction of the South African courts, unless applicable legislation provides otherwise.
Nothing contained in these Terms and Conditions limits any statutory rights available to consumers under South African law.
Domicilium
The Red Espresso Company chooses as its domicilium citandi et executandi for all purposes arising from these Terms and Conditions:
30 Zandwyk Park
Old Paarl Main Road
Paarl
7646
South Africa
Red Espresso may change this address by publishing an updated address on the Website.
Limitation of Liability
Nothing in these Terms and Conditions limits or excludes any rights or remedies available to Customers under applicable law, including the South African Consumer Protection Act, 2008 (“CPA”), where such rights cannot legally be excluded or limited.
Subject to the above, and to the fullest extent permitted by law:
- Red Espresso shall not be liable for any indirect, incidental, special, consequential or punitive damages arising from the use of, or inability to use, the Website or any Products purchased through the Website.
- Red Espresso shall not be liable for any loss of profits, business interruption, loss of data, loss of goodwill or other economic loss arising from the use of the Website or any Products, except where such liability cannot lawfully be excluded.
- Red Espresso’s total liability arising from any claim relating to a Product or order shall not exceed the amount paid by the Customer for the relevant Product or order giving rise to the claim.
Nothing in these Terms and Conditions excludes liability for fraud, fraudulent misrepresentation, gross negligence, wilful misconduct or any liability that cannot lawfully be excluded.
Indemnity
You agree to indemnify, defend and hold harmless The Red Espresso Company, its directors, employees, officers, agents, affiliates and service providers from and against any claims, losses, damages, liabilities, costs and expenses (including reasonable legal costs) arising from or relating to:
- your breach of these Terms and Conditions;
- your misuse of the Website;
- your unlawful conduct;
- your infringement of any third-party rights; or
- any information submitted by you that is false, misleading or inaccurate.
This indemnity shall not apply where any claim arises solely from the negligence or wilful misconduct of Red Espresso.
Force Majeure
Red Espresso shall not be liable for any failure or delay in performing its obligations where such failure or delay results from circumstances beyond our reasonable control.
These circumstances include, but are not limited to:
- natural disasters;
- fire;
- flood;
- drought;
- pandemic or epidemic;
- war;
- terrorism;
- civil unrest;
- industrial action;
- interruption of utilities or telecommunications;
- cyberattacks;
- governmental action;
- import or export restrictions; or
- failure of suppliers, couriers or other service providers.
Where reasonably possible, Red Espresso will take appropriate steps to minimise the impact of any such event.
Privacy
Red Espresso respects your privacy and is committed to protecting your personal information.
Our collection, use, storage and disclosure of personal information is governed by our Privacy Policy, which forms part of these Terms and Conditions.
By using the Website, creating an account or placing an order, you acknowledge that your personal information will be processed in accordance with our Privacy Policy and applicable data protection legislation, including the Protection of Personal Information Act, 2013 (“POPIA”).
Severability
If any provision of these Terms and Conditions is found by a court or other competent authority to be unlawful, invalid or unenforceable, that provision shall be severed from the remainder of the Terms and Conditions.
The remaining provisions shall continue in full force and effect.
Waiver
Any failure or delay by Red Espresso to exercise or enforce any right or provision contained in these Terms and Conditions shall not constitute a waiver of that right.
Any waiver shall be effective only if made in writing and signed by an authorised representative of The Red Espresso Company.
Entire Agreement
These Terms and Conditions, together with our Privacy Policy, Delivery & Returns Policy and any other policies expressly incorporated by reference, constitute the entire agreement between you and The Red Espresso Company regarding your use of the Website and supersede any previous agreements, understandings or representations relating to that subject matter.
No oral statement or representation shall alter or amend these Terms and Conditions unless confirmed in writing by The Red Espresso Company.
Contact Us
If you have any questions regarding these Terms and Conditions, or wish to contact Red Espresso for any reason, please use the details below:
The Red Espresso Company (Pty) Ltd
30 Zandwyk Park
Old Paarl Main Road
Paarl
7646
South Africa
Telephone: +27 (0)21 863 1060
Email: info@redespresso.com
Website: www.redespresso.co.za