Wishlist
Legal
Terms & Conditions
OUR WEBSITE USER AGREEMENT – This is where the fine print lives.
Welcome to Chilla Beverage Co. website. Kindly read and review the Terms and Conditions as defined herein and take a moment to understand how they apply with reference to any products ordered and purchased online.
The terms apply to all purchases made online and agreement thereof is constituted by the use of and/or registration on the website. Should there be any questions or concerns regarding the terms and conditions as set out herein, please feel free to contact us at your convenience via the Contact Us page.
- Introduction: Use of this website and the services provided via www.chilla.com are conditional upon you accepting the following terms and conditions. Unless otherwise specified, your acceptance of this User Agreement shall be indicated by your use of and/or registration with www.chilla.com. www.chilla.com is provided by Chilla Beverage Co. at 25 1st Avenue Kew, Johannesburg, 2090 and its suppliers.
- These terms and conditions and our Privacy Policy, (together the “User Agreement”) form our entire agreement with you in respect of non-chargeable use of www.chilla.com and supersede any prior agreement or arrangement with you in respect of www.chilla.com. If a company name is inserted in your registration request, then the User Agreement shall be between us and that company and accordingly unless the context otherwise requires, references to “you” and “your” in this User Agreement shall also be to that company. The purchase of [goods/services] from us is subject to our Terms and Conditions of Purchase. If there are any updates to this User Agreement or to the Terms and Conditions of Purchase, we will bring this to your attention on the home page of www.chilla.com
- Availability of this website: We will endeavour to ensure that www.chilla.com is available 24 hours per day without any interruptions. However, we reserve the right to make www.chilla.com unavailable at any time or to restrict access to parts or all of www.chilla.com without notice. www.chilla.com is a general information service. We will endeavour not to make it misleading, but we cannot represent that the information accessible on or via www.chilla.com is accurate, not-misleading, complete or up to date.
- Use of this website: Use of this website is designed for your personal, non-commercial use and you must not use it in any other way without our consent. Except as permitted under applicable law, you must not use, copy, translate, publish, licence or sell www.chilla.com or any materials or information in www.chilla.com or the structure, overall style and program code of www.chilla.com without our consent. If you wish to make a request for consent, please contact marketing@chilla.com
- Your Contributions: You agree to only use www.chilla.com for lawful purposes and that any information that you provide in connection with, or which forms part of, www.chilla.com will be, as far as you are aware, true and accurate and will not infringe any copyright or trade mark, or any right of privacy, publicity or personality or any other right, whether registered or unregistered, of any other nature or any person, or be obscene or libellous or blasphemous or defamatory and you agree to indemnify us against all claims, proceedings, damages, liabilities and costs, including legal costs arising out of your breach of this term. We cannot make any assurances about the information or contribution made by any other user and you should exercise caution before acting or otherwise relying upon any information you obtain via the www.chilla.com
- Links: www.chilla.com includes links to other internet sites. Without limiting what we say elsewhere, we make no representations or warranties about those sites or their content, nor that the links work. If you wish to link to www.chilla.com you may only do so at www.chilla.com. Details of our linking arrangements may be obtained from marketing@chilla.com
- Data Protection: It is your responsibility to ensure that that you give us an accurate and valid e-mail address and other contact details and tell us of any changes to them, however we cannot make any assurances about any other user you may meet using the www.chilla.com. Please see our Privacy Policy.
- Intellectual property: www.chilla.com, its style and structure, and the materials and information on are protected by copyright and other intellectual property rights, and may not be used by you except as expressly provided in this User Agreement. The authors of the documents on www.chilla.com assert their moral rights. www.chilla.com and Chilla Beverage Co. are registered trade marks of Chilla Beverage Co.
- Our Liability: Since a substantial part of www.chilla.com is both free and available to all, it is a condition that your use of www.chilla.com is at your own risk. We shall not be liable to you or in breach of this User Agreement for any delay or failure to perform any obligation if the delay or failure is due to a cause beyond our reasonable control including, without limitation, the blocking or restricting of information to and/or from our network.
- Except as expressly provided in this User agreement, we disclaim any further representations, warranties, conditions or other terms, express or implied, by statute, collaterally or otherwise, including but not limited to implied warranties, conditions or other terms of satisfactory quality, fitness for a particular purpose or reasonable care and skill.
- Save as provided below, we disclaim all and will not be liable in contract, tort (including, without limitation, negligence) or otherwise arising in connection with this User Agreement or the www.chilla.com for: (i) consequential, indirect or special loss or damage; or (ii) any loss of goodwill or reputation; or (iii) any economic losses (including loss of revenues, profits, contracts, business or anticipated savings), in each case, even if we have been advised of the possibility of such loss or damage and howsoever incurred.
- Our maximum liability to you in contract, tort (including, without limitation, negligence) or otherwise arising in connection with this User Agreement or the www.chilla.com shall be limited. Notwithstanding any other provision of this User Agreement, we will be liable to you without limit for any death or personal injury caused by our negligence and to the extent that liability arises and for liability arising from statements made fraudulently by us.
- Small Print: Either of us may terminate this User Agreement at any time. You may not transfer any of your rights or delegate any of your obligations under this User Agreement without our prior written consent. If we fail to enforce any provision of this User Agreement, that failure will not preclude us from enforcing either that provision (or any similar provision) on a later occasion. Nothing in this User Agreement shall confer on any third party any benefit or the right to enforce any term of the User Agreement. This User Agreement is governed by South African law and any dispute connected with this agreement is subject to the exclusive jurisdiction of the South African courts. Nothing in this User Agreement affects your statutory rights as a consumer.
- Complaints: If you believe that your intellectual property or other rights are being infringed by the www.chilla.com, or if you are dissatisfied with www.chilla.com or any aspect of our service, in the first instance please contact info@chilla.com or on +27 11 440 7640
Online Registration
- Registration as a purchaser, for which there is no charge, is mandatory in order to affect any purchases. There is no obligation to purchase any products should one choose to register on the site.
- Registration and/or use of the site constitutes acceptance and agreement of the terms and conditions as defined herein. Registration will require that certain personal information is provided which is/will be protected as per the Privacy Policy defined herein.
- Successful registration will only be completed once an email address and password is provided which will be used as the username and password to gain access to the shopping services. It is the responsibility of each user that has registered to ensure that they keep their password private at all times as Chilla Beverage Co. will not be held liable for any damages suffered or losses incurred from the misuse of the registered account or use by any external third party. A confirmation email will be forwarded to the registered email address on completion of the registration process within a 10 (ten) minute timeframe subject to your Internet Service Provider’s (ISP) response times. Should the email confirmation not be received, please feel free to Contact Us at your earliest convenience.
- Access to the website will be via the registered username and password and each user is advised to change their password at their convenience to ensure privacy is maintained and to limit unauthoriSed access to the site. Registration particulars and details can be edited and changed on My Account tab.
Products
- Products depicted as images on the website may vary in colour from computer display to computer display due to differences in display technology and how colours may be represented. Every effort has been made to ensure that all products on the site are accurately represented and in some cases will be subject to images as provided by manufacturers. All available products represented on the site will be subject to availability for delivery within South Africa only. Please refer to the Deliveries & Returns section for delivery details.
- Prices displayed are valid for the day they are viewed, however, Chilla Beverage Co. reserves the right to change pricing subject to stock availability from manufacturers, without prior notice, without incurring any liability whatsoever. Errors and omissions will prevail where applicable.
- Where an error has been inadvertently made regarding, product, price or colour or any other relevant content, Chilla Beverage Co. is not obliged to provide the client with the affected product, but will make every effort to contact the client to alert them of the error. In such cases the client will be entitled to cancel the order and an in-store credit will be passed for the full amount.
- Chilla Beverage Co. cannot guarantee availability of stock but will endeavour to source stock where possible to fulfil your order. Where items cannot be delivered, Chilla Beverage Co. will endeavour to contact the customer based on the information provided at registration, and offer either the option to cancel the order or provide alternatives if applicable. If Chilla Beverage Co. is unable to supply each and every item ordered or in the quantities ordered and cannot contact the customer, the customer nevertheless agrees to accept delivery and make payment for the items correctly delivered.
- Occasionally the site will offer special promotions that may be subject to availability over a specific period and certain conditions. Please be advised that the specific conditions will prevail over the standard policies as defined herein.
Orders
- All orders placed via the website will be considered as an offer to purchase the ordered product and will be subjected to the terms and conditions as defined herein. A confirmation email will be sent to the clients email address with the details of the products that have been ordered including an order reference number used for tracking purposes. Acceptance and confirmation of delivery will only be completed once the full payment for the ordered product has been confirmed via the payment process as specified herein.
- Cancellation of an order can only be effected by contacting the customer service centre prior to midnight on the day the order was placed. Any orders cancelled after midnight on the day the order was placed will result in the client being charged the delivery service charge. An in-store credit will be passed for the cancelled product.
- If payments are cancelled for any reason, or the payment method is terminated or deemed not to be valid, the client will be bound to pay the full purchase price, including all costs incurred by Chilla Beverage Co. for the recovery thereof. Without prejudice to any other rights or remedies in law, Chilla Beverage Co. reserves the right to cancel forthwith any sale and/or a client’s registration in the event of breach of any terms.
Risk and Ownership
- Risk in the Products shall pass to the client by acceptance of the Products by your authorised representative on delivery. Chilla Beverage Co. will retain ownership in the Products until payment has been received in full.
Payments
- Payments to be completed either via credit card, EFT or through a recognised third party payment provider before confirmation of delivery is forwarded. Only once confirmation of payment is received by Chilla Beverage Co. will the order be processed and prepared for delivery. Order processing will be subject to a first come first served basis, and no reservation of any product will be permitted unless arrangements are made after payments for delayed deliveries at the discretion of the client, which must be clearly stipulated under Special Instructions, at the time of placing the order.
