Last Updated: 1 November 2020
By accessing or using the websites, mobile applications or blogs (collectively, the “Sites”) provided by EXTRA FRESH that link to these Terms, you agree to be bound by these Terms and all of the terms incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Sites or order, receive or use products made available through the Sites (collectively, the “Products”).
These Terms do not alter in any way the terms or conditions of any other agreement you may have with us in respect of any products, services or otherwise. If you are using the Sites on behalf of any person or entity, you represent and warrant that you are authorized to accept these Terms on such person or entity’s behalf and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms.
EXTRA FRESH reserves the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Sites or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Sites or order, receive or use Products, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference.
We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Sites or order, receive or use the Products. If you do not agree to the revised Terms, you may not access or use the Sites or order, receive or use the Products.
- The Sites are not targeted toward or intended for use by anyone under the age of 18. By using the Sites, you represent and warrant that you:
- are 18 years of age or older;
- are a legal resident of South Africa;
- have not been previously suspended or removed from the Sites or engaged in any activity that could result in suspension or removal from the Sites;
- do not have more than one EXTRA FRESH account; and
- have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.
3. Registration, Account and Communication Preferences
In order to access and order products from the Sites, you will need to sign up for an EXTRA FRESH account. By creating an account, you agree to:
- provide accurate, current and complete account information;
- maintain and promptly update, as necessary, your account information;
- maintain the security of your account credentials;
- be responsible for the acts or omissions of any third party who has authority to access or use the Sites on your behalf; and
- immediately notify us if you discover or otherwise suspect any security breaches related to the Sites or your account.
By creating an EXTRA FRESH account, you also consent to receive electronic communications from EXTRA FRESH (e.g., via email, WhatsApp or by posting notices to the Sites). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.
We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
4. Terms of Sale
Random orders; Continuous Subscriptions; Cancellation Policy
We offer different order and subscription plans for our products. By selecting a product to purchase, a “Frequency” option is displayed. You can select between specific dates (based on the days we deliver to your area) and weekly, every other week and monthly deliveries. You are welcome to modify your order until a day before we deliver. Note that we do not currently deliver products to every location, so please visit www.madgiant.co.za/extrafresh to see our delivery area or sign up to see if your address falls within our delivery area.
WHEN YOU REGISTER FOR EXTRA FRESH , YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) EXTRA FRESH (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A WEEKLY BASIS FOR YOUR ORDER (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOU PLACE ORDERS ON EXTRA FRESH, AND (B) YOUR SUBSCRIPTION (IF YOU SELECTED CONTINUOUS ORDERS) IS CONTINUOUS UNTIL YOU CANCEL IT, OPT TO TAKE A BREAK, OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SITES OR PRODUCTS IN ACCORDANCE WITH THESE TERMS. YOU MAY SKIP OR PAUSE YOUR WEEKLY OR RECURRING ORDER AS OFTEN AS YOU’D LIKE BY GOING TO YOUR “MY ACCOUNT” – “DELIVERY HOLD” SECTIONS ONCE YOU HAVE LOGGED IN.
YOU MAY SKIP OR PAUSE YOUR WEEKLY OR RECURRING ORDER AS OFTEN AS YOU’D LIKE BY GOING TO YOUR “MY ACCOUNT” – “DELIVERY HOLD” SECTIONS ONCE YOU HAVE LOGGED IN.
In the event you pause your Subscription, please note that we may still send you promotional communications about EXTRA FRESH, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.
Deposits, Refunds and charges for lost crates and bottles
A deposit is charged on the crate and bottle and might be changed from time to time. At the moment the crate deposit is zero rand and the bottle deposit is seven rand. The cost of a crate is sixty three rand and the cost of a bottle is nine rand. After two months of delivering these items to you and you have not returned them to us, we will have the right to charge you the full amount and deemed these items as missing or lost. Please always keep a copy of delivery notes handy, even if it is a photograph. We will endeavour to do the same. When you return your crate and bottles your account will be credited within a day. You can view returns on your account statement by going to “My Account” and then “Delivery History”.
Payment and Billing Information
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for the total amount of your subscription or other purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order. In the event you want to change or update payment information associated with your EXTRA FRESH account, you can do so at any time by logging into your account and editing your payment information.
You acknowledge that the amount billed may vary due to promotional offers, changes to your Subscription or changes in applicable taxes or other charges, and you authorize us (or our third party payment processor) to charge your payment method for the corresponding amount.
Pricing and Availability
All prices are shown in rand and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the amounts or other charges associated with your order or Subscription, we will provide advance notice of such changes. We will not, however, be able to notify you of changes in any applicable taxes. The order of products, as applicable, to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your subscription(s) in accordance with the cancellation policies set forth in Section 4 as applicable.
All of our Products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain Products and to substitute Products (including, but not limited to, specific products) with prior notice via email and or WhatsApp or SMS. If you are not satisfied with a substitution, please contact us at email@example.com or our WhatsApp line on the website, as applicable.
Shipping and Handling
You agree to pay any delivery and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase.