Welcome to PurityShop!

Introduction

This website can be accessed at www.purityshop.co.za, related mobi-sites and software applications (the “Website”) and is owned and operated by ADDaBIT Pty ltd. (“PurityShop”, “we”, “us” and “our”).

These Purity Shop Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the PurityShop.

These Terms and Conditions are binding and enforceable against every person that accesses or uses this Purity Shop (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Purity Shop and by clicking on the “Register Now” button on the PurityShop, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.

The Purity Shop enables you to shop online for an extensive range of fast-moving consumer goods (FMCG), also known as consumer packaged goods (CPG) and more (“Goods and Product”).

Important Notice

These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).

These Terms and Conditions contain provisions that appear in similar text and style to this clause and which -

may limit the risk or liability of Purity Shop or a third party; and/or

may create risk or liability for the user; and/or

may compel the user to indemnify Purity Shop or a third party; and/or

serves as an acknowledgement, by the user, of a fact.

Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.

If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Purity Shop to explain it to you before you accept the Terms and Conditions or continue using the PurityShop.

Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Purity Shop in terms of the CPA.

PurityShop permits the use of this Purity Shop subject to the Terms and Conditions. By using this Purity Shop in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Purity Shop if you do not agree to the Terms and Conditions.

Returns

Please refer to our Returns Policy for more information about returning products (and related refunds, replacements or repairs). The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).

Registration and use of the website

Only registered users may order Goods on the PurityShop.

To register as a user, you must provide a unique username and password and provide certain information and personal details to PurityShop. You will need to use your unique username and password to access the Purity Shop in order to purchase Goods.

You agree and warrant that your username and password shall:

be used for personal use only; and

not be disclosed by you to any third party.

For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.

You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.

You agree to notify Purity Shop immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.

By using the Purity Shop you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Purity Shop only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.

You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the PurityShop. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Purity Shop or the information contained herein, without the prior written consent from an authorised Purity Shop representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this PurityShop).

You may not use the Purity Shop to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.

You may not in any way display, publish, copy, print, post or otherwise use the Purity Shop and/or the information contained therein without the express prior written consent of an authorised Purity Shop representative.

Conclusion of sales and availability of stock

Registered users may place orders for Goods, which Purity Shop may accept or reject. Whether or not Purity Shop accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by Purity Shop for the Goods.

NOTE: Purity Shop will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and Purity Shop or the Third Party Seller come into effect (the “Sale”). This is regardless of any communication from Purity Shop stating that your order or payment has been confirmed. Purity Shop will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.

Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy.

Placing Goods in a wishlist or shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold Purity Shop liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.

You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by PurityShop, Purity Shop will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the PurityShop. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, Purity Shop will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.

Goods may not be purchased for re-sale. Should we suspect that any such Goods are being purchased for sale, we are entitled to cancel your order immediately on notice to you.

Payment

We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.

Payment may be made for Goods via the following methods (depending on your eligibility to use such a method) -

The total amount displayed at checkout for all your orders for the month will be deducted by payroll from your salary for that same month.

The above is explained in more detail in our Frequently Asked Questions (“FAQ”) Payment, which are incorporated by reference.

You may contact Tiger Trolley or payroll to obtain a full record of your payment. You may login to your user profile to obtain more information about your order and payment.

Delivery of goods

PurityShop will deliver your goods via our delivery network in your community.

For more information about delivery, please see our FAQs Shipping and Delivery, which are incorporated into these Terms by reference. Our delivery charges are subject to change at any time, without prior notice to you, so please check the FAQs for the most up-to-date information. You will see the applicable delivery charges in your cart when you check out.

Where it accepts your order, Purity Shop will deliver the Goods to you within 48 hours of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.

PurityShop’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. Purity Shop is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.

Errors

We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the PurityShop. However, should there be any errors of whatsoever nature on the Purity Shop (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.

Gift Vouchers & Coupons

PurityShop may from time to time make physical or electronic gift vouchers (“Gift Vouchers”) and promotional coupons or discounts (“Coupons”) available for use on the Purity Shop towards the purchase of Purity Shop Goods. Gift Vouchers and Coupons can only be redeemed while they are valid and their expiry dates cannot be extended. More specifically:

Gift Vouchers

Gift Vouchers that are purchased by registered users are valid for 3 years after purchase. Gift Vouchers that Purity Shop gives away for free are valid for the period stated thereon. In each case, if your Voucher has not been used within that period, it will expire.

Gift Vouchers cannot be used to buy other Gift Vouchers or Coupons. They do not accrue interest and are not refundable for cash once purchased or otherwise obtained. If your Gift Voucher value is less than the amount required to cover the full order you wish to place, you may make up the difference by paying via one of our other payment methods.

PurityShop is not responsible for any harm due to the loss, unauthorised use or unauthorised distribution of a Gift Voucher, after it has delivered the Gift Voucher to you or the email address nominated by you.

Daily Deals and other discounted Goods

From time to time, we may offer certain Goods at discounted prices as part of a Daily Deal, App Only Deal, Bundle Deal or any other temporary deal which are explained below (each a “Deal”). These will be subject to certain conditions (as set out in these Terms and/or the PurityShop), which define the scope of the Deal. If you buy a product within the scope of a Deal, you will pay the discounted price for that product (the “Deal Price”).

However, if you buy a product in a manner that falls outside of the scope of a Deal, then you will pay the then current (non-Deal) selling price on the Purity Shop (the “Normal Price”), for each product that falls outside the scope of the Deal.

For example: if you buy more than one product in a Daily Deal, you will pay the Deal Price for the first product, but the Normal Price for all products thereafter. Alternatively, if you buy a product in combination with any other products that together do not constitute a Bundle Deal, you will pay the Normal Price for all such products falling outside the scope of the relevant Deal.

Daily Deals

At our discretion, Daily Deals (“Deals”) are available daily from 7am – 23:59pm on week days and from 9am – 23:59pm on weekends. In addition, please note that Daily Deals have a stock limit and may expire earlier if stock runs out.

Daily Deals quantities are limited and as such, after a Daily Deal is sold out, those particular Goods may be available on the Purity Shop at their normal selling prices (but no longer as a Daily Deal).

We do not guarantee a specific saving. The extent of the Daily Deal or discount is at the sole discretion of PurityShop.

Four of each Daily Deal may be purchased per customer, limited to your first order daily.

Adding a Daily Deal to your cart, or completing your order for a Daily Deal without paying for it, does not reserve the item for you. Purity Shop must receive payment from you within 24 hours of you placing your order for a Daily Deal, otherwise we will cancel your order.

PurityShop will reserve stock for customers in the order in which it receives payment. Therefore if you pay via EFT, you might not get your item because Purity Shop may only receive payment from you a few days later, and in the meantime the Daily Deal might sell out to customers paying immediately.

The List Price shown in respect of Daily Deals and other discounted Goods is the recommended retail price suggested to us by the supplier of the relevant product. Where the supplier has not provided a recommended retail price, an estimate may be provided. Where a product is offered for sale by a Third Party Seller, the List Price may be provided by the Third Party Seller.

By purchasing any Daily Deal, you are also automatically opting in for our Daily Deals daily newsletter as well as our general newsletter (you may opt-out of these newsletters at any time). Opting out of these newsletters after purchase will not affect the value of the Goods purchased.

Bundle Deals

We may from time to time offer bundle deals for sale under the Bundle Deals tab on the Purity Shop (“Bundle Deals“). Each Bundle Deal will consist of two or more products that either we or you (as provided on the PurityShop) have combined together in a single bundle.

Any saving or discount resulting from purchasing a Bundle Deal instead of its component products separately may be applied to any of the component products individually at our sole discretion. The actual purchase price (after applying any applicable saving or discount) of each component product will be communicated to you upon checkout and reflected in your order history. This is relevant to the amount that would be refunded to you, if you were to return any product in a Bundle Deal for a refund, in accordance with our Returns Policy.

A Bundle Deal should be distinguished from a pre-packed bundle compiled by our supplier and supplied to us as a single unit (“Pre-packed Bundles“). Any saving or discount in respect of a Pre-packed Bundle will be applied only to the total bundle price and not to the prices of the individual component products. Please refer to our Returns Policy for information about returning a Pre-packed Bundle.

Privacy policy

We respect your privacy and will take all reasonable measures to protect it, as more fully detailed in our Privacy Policy, which is incorporated by reference.

Changes to these Terms and Conditions

PurityShop may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the PurityShop.

Any such change will only apply to your use of this Purity Shop after the change is displayed on the PurityShop. If you use the Purity Shop after such amended Terms and Conditions have been displayed on the PurityShop, you will be deemed to have accepted such changes.

Electronic communications

When you visit the Purity Shop or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with our privacy policy as set out in clause 15 above.

Ownership and copyright

The contents of the PurityShop, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Purity Shop (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Purity Shop Content is the property of PurityShop, its advertisers and/or sponsors and/or is licensed to PurityShop.

You will not acquire any right, title or interest in or to the Purity Shop or the Purity Shop Content.

Any use, distribution or reproduction of the Purity Shop Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law.

Where any of the Purity Shop Content has been licensed to Purity Shop or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.

Disclaimer

The use of the Purity Shop is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Purity Shop or reliance on any information on the PurityShop.

Whilst Purity Shop takes reasonable measures to ensure that the content of the Purity Shop is accurate and complete, Purity Shop makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Purity Shop or as to the accuracy, completeness or reliability of any information on the PurityShop. If any such representations or warranties are made by PurityShop’s representatives, Purity Shop shall not be bound thereby.

PurityShop disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Purity Shop and/or any content therein unless otherwise provided by law.

Although Goods sold from the Purity Shop may, under certain specifically defined circumstances, be under warranty, the Purity Shop itself and all information provided on the Purity Shop is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.

Any views or statements made or expressed on the Purity Shop are not necessarily the views of PurityShop, its directors, employees and/or agents.

In addition to the disclaimers contained elsewhere in these Terms and Conditions, Purity Shop also makes no warranty or representation, whether express or implied, that the information or files available on the Purity Shop are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardize or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardize, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of PurityShop, its employees, agents or authorized representatives. Purity Shop thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the PurityShop.

Linking to third party websites

This Purity Shop may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and Purity Shop is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.

Notwithstanding the fact that the Purity Shop may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.

Limitation of liability

PurityShop cannot be held liable for any inaccurate information published on the Purity Shop and/or any incorrect prices displayed on the PurityShop, save where such liability arises from the gross negligence or wilful misconduct of PurityShop, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of our Help page.

PurityShop SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

YOU HEREBY INDEMNIFY PURITYSHOP AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

Availability and termination

We will use reasonable endeavours to maintain the availability of the PurityShop, except during scheduled maintenance periods, and are entitled to discontinue providing the Purity Shop or any part thereof with or without notice to you.

PurityShop may in its sole discretion terminate, suspend and modify this PurityShop, with or without notice to you. You agree that Purity Shop will not be liable to you in the event that it chooses to suspend, modify or terminate this Purity Shop other than for processing any orders made by you prior to such time, to the extent possible.

If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Purity Shop without any prejudice to any claims for damages or otherwise that we may have against you.

PurityShop is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Purity Shop and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by Purity Shop to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the PurityShop), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and PurityShop, in whole or in part, on notice to you. Purity Shop shall only be liable to refund monies already paid by you (see PurityShop’s Returns Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.

At any time, you can choose to stop using the PurityShop, with or without notice to PurityShop.

Governing law and jurisdiction

These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Purity Shop will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.

In the event of any dispute arising between you and PurityShop, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

Nothing in this clause 23 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

Notices

PurityShop hereby selects 4 Still Street, Potchefstroom as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Purity Shop may change this address from time to time by updating these Terms and Conditions.

You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving Purity Shop not less than 7 days’ notice in writing.

Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent -

by hand will be deemed to have been received on the date of delivery;

by prepaid registered post, will be deemed to have been received 10 days after the date of posting;

by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.

Complaints

If you have a complaint about the goods or services provided by us or require information regarding our internal complaints-handling process, please get in touch with us via our Help page on the Purity Shop or you can contact our call center on 0691372824

If we are unable to resolve your complaint to your satisfaction or we cannot resolve your complaint within 15 (fifteen) business days of you having notified us of it, you can approach the Consumer Goods and Services Ombud (“CGSO”) to assist in resolving the complaint. The CGSO’s contact details are: PurityShop: http://www.cgso.org.za/ Sharecall: 0860 000 272 Email: complaints@cgso.org.za

Information

For the purposes of the ECT Act, PantryClub’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:

Full name: PantryClub Pty Ltd, a private company registered in South Africa with registration number: 2022/749219/07

Main business: Direct to consumer platform

Physical address for receipt of legal service (also postal and street address):4 Stil Street, Potchefstroom, North West, 2531. (marked for attention: CEO and Legal)

Office bearers: Michael Griffin and Gavin Rhodes-Harrison

Phone number: 0870210875

Email address: support@pantryclub.co.za

PAIA: The manual published in terms of section 51 of the Promotion of Access to Information Act 2000 may be accessed here.

PurityShop Rewards

We are 100% about rewarding our club members when they share their love for Purity Shop and assist friends and family in joining the club.

General

PurityShop may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Purity Shop or the user’s right to use the Purity Shop or any of its contents subject to us processing any orders then already made by you.

You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.

Any failure on the part of you or Purity Shop to enforce any right in terms hereof shall not constitute a waiver of that right.

If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.

No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.

These Terms and Conditions contain the whole agreement between you and Purity Shop and no other warranty or undertaking is valid, unless contained in this document between the parties.