Terms of Sale

Standard Terms and Conditions for DEJA-MOO (Pty) Ltd. (“Déjà-Moo”)

Last Updated: 29 December 2024

Introduction

These Website Standard Terms and Conditions written on this webpage shall manage your use of our website, Déjà-Moo accessible at https://deja-moo.co.za/ (“Website”)

These Terms will be applied fully and affect to your use of this Website. By using this Website, you agreed to accept all terms and conditions written in here.

You must not use this Website if you disagree with any of these Website Standard Terms and Conditions.

Minors or people below 18 years old are not allowed to use this Website.

Terms of Sale

Before placing an order, if you have any queries related to these terms please check our Contact Us page (https://deja-moo.co.za/users/contact-us) for details how to contact the team.

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

In order to contract with https://deja-moo.co.za/, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us.

https://deja-moo.co.za/. retains the right to refuse any request made by you.

When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.

Online orders may be amended up to a maximum of four (4) hours before the delivery slot.

Goods shall not be supplied for the purposes of resale, and are only supplied for your own use as a consumer (unless a prior written wholesale agreement is in place).

Images of the goods are for illustration purposes only. We cannot guarantee that your phone or computers display accurately reflects the colour of the products. The packaging of the products may vary from that shown on images on the Website or hard-copy leaflets.

(a) Our Contract

When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order.

A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been delivered to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

(b) Pricing and Availability

Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur.

If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it.

If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

Delivery costs will be charged in addition where a minimum order quantity hasn’t been met; such additional charges are clearly displayed on our Website where applicable and included in the ‘Total Cost’.

Product availability is subject to stated lead-times for certain products which is clearly demarcated on the product listing.

The prices stated on the Website shall be inclusive of any VAT payable where stated.

(c) Payment

Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorisation being received.

In the case of a One-Time Order, which is an order for products you order once for a particular delivery day or set of delivery days (“One Time Order”), monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been delivered and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

For all Subscription based orders, which is an order for products you order to be delivered regularly at a selected cadence (“Subscription”), monies shall be debited from your card upon successful delivery completion. You will not be able to place a “Subscription” unless you have completed a recurring payment set-up using one of our accepted payment methods via debit or credit card through our third party secure partner network.

(d) Deliveries

Deliveries shall be provided by Déjà-Moo according to the allocated delivery slots available according to your delivery address. The available delivery slots are defined according to your geographical location on Google Maps.

Delivery times may vary subject to any unavoidable delays, including force majeure for which we will not be responsible.

Deliveries are not available on Public Holidays, and where possible we will do our best to reschedule the delivery slot to an alternative day, subject to feasibility.

Due to the large number of customers booked for delivery slots, we are unable to provide an exact delivery time. However you may contact our delivery driver (+27 73 968 0189) if necessary and they will do their best to give an estimated time within a one (1) hour window.

Please ensure that where estate access codes are needed for deliveries that these are provided to our delivery driver well in advance of the scheduled delivery.

We recommend leaving a secure cooler box out if no-one is available at the delivery address to facilitate maintenance of the cold chain for dairy products.

(e) Glass Containers

Sustainability and waste reduction is part of the core ethos of Déjà-Moo. Certain products are supplied in glassware, which is property of Déjà-Moo.

All glassware including lids shall be washed and promptly returned to enable reuse following sanitisation and sterilisation procedures.

Please note that containers shall be tracked using our delivery software, and where glass containers are lost we retain the right to charge for container replacement at their cost-price plus twenty (20) percent (%).

Intellectual Property Rights

Other than the content you own, under these Terms, Déjà-Moo and/or its licensors own all the intellectual property rights and materials contained in this Website.

You are granted limited license only for purposes of viewing the material contained on this Website.

Restrictions

You are specifically restricted from all of the following:

• publishing any Website material in any other media;

• selling, sublicensing and/or otherwise commercialising any Website material;

• publicly performing and/or showing any Website material;

• using this Website in any way that is or may be damaging to this Website;

• using this Website in any way that impacts user access to this Website;

• using this Website contrary to applicable laws and regulations, or in any way which may cause harm to the Website, or to any person or business entity;

• engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;

• using this Website to engage in any advertising or marketing.

Certain areas of this Website are restricted from being access by you and Déjà-Moo may further restrict access by you to any areas of this Website, at any time, in absolute discretion.

Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.

Your Content

In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on this Website.

By displaying Your Content, you grant Déjà-Moo a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be invading any third-party’s rights. Déjà-Moo reserves the right to remove any of Your Content from this Website at any time without notice.

Your Privacy

Please read Privacy Policy: (https://deja-moo.co.za/pages/privacy

No Warranties

This Website is provided “as is,” with all faults, and Déjà-Moo express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.

Limitation of liability

In no event shall Déjà-Moo, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. Déjà-Moo, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

Our Website may contain links to third-party web sites or links that are not owned or controlled by https://deja-moo.co.za/.

Déjà-Moo has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services.

You further acknowledge and agree that Déjà-Moo shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Indemnification

You hereby indemnify to the fullest extent Déjà-Moo from and against any and/or all liabilities, costs, demands, causes of action,

damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

Variation of Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time.

If a revision is material we will try to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our website after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the website.

Assignment

The Déjà-Moo is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification.

However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Entire Agreement

These Terms constitute the entire agreement between Déjà-Moo and you in relation to your use of this Website, and supersede all prior agreements and understandings.

Governing Law & Jurisdiction

These Terms shall be governed and construed in accordance with the laws of South Africa without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

These Terms constitute the entire agreement between us regarding our Website, and supersede and replace any prior agreements we might have between us regarding the Service.