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privacy policy

1. INTRODUCTION

 

The Cookie Collab and it’s employees are committed to safeguarding the privacy of your personal information. This policy (the “Policy”) explains how we process your personal information in relation to various activities including collecting, receiving, recording, storing, updating, using, transferring or erasing data.

 

This Policy applies to any and all interactions with us where we process personal information, including, but not limited to, your use of our website or engaging with us telephonically or in person and forms part of our website terms and conditions. By visiting or using our website, you agree to the terms of this Policy as updated from time to time. 

 

2. SCOPE

 

This Policy applies to all data subjects (persons, whether a natural or juristic person whose personal information we collect, regardless of the country you are in.

 

This Policy applies to all personal information, whether it was provided to us through our website or through any other form of communications with you such as email, telephone, or otherwise (“Channels”), through or by third parties or tools that collect personal information.

 

3. WHAT PERSONAL INFORMATION DO WE COLLECT?

 

3.1. Personal information means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person, including information relating to race, gender, marital status, ethnicity or social origin, age, disability, identity number, e-mail address, physical address, telephone number, location information, online identifier, personal preferences, views or opinions, correspondence of a private or confidential nature and a name if it appears with other personal information relating to you or if disclosing your name itself will reveal information about you. Personal information can be in electronic or paper formats.

 

3.2 The information we collect about you is dependent on:

 

  • The transaction you are completing,

  • The reason you are communicating with us and

  • The Channel used to communicate with us.

 

It may include your: name, contact information including e-mail address, postal address, physical address, primary and secondary telephone numbers, date of birth, language, gender, age, billing information, additional information which we are required or permitted by applicable legislation to collect and process, as well as information you elect to share publicly, including on social media and customer forums.

 

3.3. Personal information excludes:

 

information that has been made anonymous so that it does not identify a specific person;

permanently de-identified information that does not relate or cannot be traced back to you specifically; and non-personal statistical information collected and compiled by us.

 

4. ACCEPTANCE

 

You must accept all the terms of this Policy when you order any of our products or, register for, or use the website or any of our services. By accepting this Policy, you are deemed to have read, understood, accepted, and agreed to be bound by all of its terms.

 

5. ​LEGAL CAPACITY

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The age requirement for engaging with our Channels is 18 years of age. To the extent required by applicable law, users under the age of 18 years of age must obtain parental or guardian consent. We will afford the same level of protection to all personal information processed, regardless of the age of the person it pertains to.

 

6. WHEN DO WE COLLECT YOUR PERSONAL INFORMATION?

 

We collect your personal information (and only the information we require for a specific purpose) when you:

 

  • Voluntarily provide us with information when you interact with us, for example when you send us online enquiries, or you subscribe to or consent to receiving newsletters or other communications from us;

  • Browse, visit or participate in our various Channels;

  • Register an online profile on our websites to purchase our products;

  • Purchase, return, exchange or enquire about products from us;

  • Make general enquiries, lodge complaints, and communicate with us;

  • Participate in any of our events including competitions where we may also collect photos which could be used in the future;

  • Enter into an agreement with us.

 

We do not collect or retain your bank card details used to purchase products or services.. This information is collected by financial institutions that have their own privacy policies. You are advised to never respond to emails that seem to be from us requesting bank card details as this request is most likely fraudulent and should be reported to us immediately.

 

You may only send us your own personal information or the information of another data subject where you have their permission to do so.

 

7. COOKIES

 

We do not collect your personal information when using cookies about when and how you use our website. A cookie is a small text file that is stored on your computer or mobile device when you use it. Cookies hold information such as the identity of the computer or device you used to access our Channels, your server address, domain name, the time and date that you visited our Channels, pages, product and documentation that you accessed or viewed and which internet browser you used. We do this so that we can:

  • Provide you with more personalised service, communication and products by better understanding your browsing and purchasing behaviour;

  • Track, count and analyse website visits and usage data;

  • Understand product preferences and popularity; and

  • Improve our website and your online shopping experience.

 

Your internet browser generally accepts cookies automatically, but you can often change this setting to stop accepting them. You can also delete cookies manually. However, no longer accepting cookies or deleting them will prevent you from accessing certain aspects of our website where cookies are necessary. 

You may only send us your own PI or the information of another data subject where you have their permission to do so.

 

8. WHY DO WE PROCESS YOUR PERSONAL INFORMATION?

 

Processing includes gathering your personal information, disclosing it as stipulated in clause 9 below, and combining it with other personal information. We collect and process your personal information to:

  • Provide our goods and services to you;

  • Communicate with you for marketing purposes;

  • Analyse (including for historical, statistical or research purposes), develop, continually improve and enhance the use, functionality and performance of our website and products

  • Comply with applicable laws, including our obligations to make disclosures to authorities, regulators and government bodies; and

  • Engage in our legitimate business, related interests, and legal purposes, including but not limited to detecting and preventing fraud and conducting our business 

  • We will not use your personal information other than for the purpose for which it was provided or collected, and in accordance with our legitimate interests and legal obligations.

 

9. WHEN WILL WE DISCLOSE YOUR PERSONAL INFORMATION?

 

We may provide access to or share some of your PI, when necessary and for the reasons that it was provided or collected, to:

 

  • Our service providers, auditors, consultants and agents if they are required under contract to process it for us or to provide services for or to us, including product deliveries and returns, email service providers, analytics companies, distribution and courier companies, information hosting, communication providers, development and administration, information technology and related infrastructure services, technical support and other support services relating to our legitimate business interests and our contractual obligations to you (our contracts dictate that these merchandise suppliers or service providers only use your information in connection with the goods they supply or services they perform for us and not for their own benefit);

  • Other third parties who provide us with relevant services where appropriate.

 

We may provide access to or share your personal information as required by law, court order or other lawful reasons, where we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to government requests, including public and government authorities.

 

When we share or provide access to your personal information with third parties, they are contractually restricted from using or disclosing your information except as necessary to perform services on our behalf or to comply with legal requirements.

 

We will not sell your personal information. No personal information will be disclosed to anyone except as provided for in this Policy.

 

10. ACCURATE AND UP TO DATE

 

We will endeavour to keep the personal information we collect as accurate, complete and up to date as is necessary for the purposes defined in this Policy. From time to time, we may request you to update your information.

 

11. STORAGE, RETENTION AND DELETION OF PERSONAL INFORMATION

 

We will keep your personal information for different periods of time depending on the use or purpose your information was provided or collected for

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We will only keep your information for as long as necessary to fulfil the purposes set out in this Policy unless:

  • Retention of the personal information is required or authorised by law; or

  • You have consented to the retention of the personal information.

 

We will safely delete or destroy any personal information which we are no longer required or not permitted to retain, or for which we do not have your consent.

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12. SECURING YOUR PERSONAL INFORMATION

 

We take the security of personal information very seriously and always do our best to comply with applicable data protection laws. We secure the integrity and confidentiality of your information that is in our possession and under our control by taking the appropriate reasonable measures to prevent loss, damage, unauthorised destruction, unlawful access, or unlawful processing of your personal information..

 

13. YOUR RIGHTS

 

You have the following rights in respect of your personal information that we process:

 

  • You may enquire from us (at no cost) whether we hold your personal information, (we will only provide you with this information when you provide us with adequate proof of your identity);

  • Where necessary, request the correction or deletion of your personal information;

  • Object to, restrict or limit the processing of your personal information; and

  • Object to using your personal information for purposes of direct marketing

 

You can exercise any of your rights listed above by sending an email to info@thecookiecollab.co.za.  

 

Where we have reasonable doubt as to the identity of the person making an enquiry, we may request additional information to confirm the identity of the person, such as an identity document, including a driver’s licence or passport.

 

Please note that the above rights are not absolute, and we may be entitled to refuse requests where exceptions apply. Should we determine that you are not entitled to exercise a specific right, we will provide you with the reasons why.

 

Should we have reasonable grounds to believe that your personal information has been accessed or acquired by any unauthorised person, we will, as soon as is reasonably possible and lawfully required, notify the applicable regulator, as well as yourself, unless we are unable to establish the identity of the personal information that has been unlawfully accessed.

 

​14. LIMITATION

 

We are not responsible for, give no warranties, nor make any representations in respect of the privacy policies or practices of linked or any third-party websites.

 

15. CHANGES TO THIS PRIVACY POLICY

 

This privacy Policy is effective as of 21 February 2023. The latest version of our Policy is always available on our website. We may need to update or change our Policy from time to time, and we will notify you regarding any material changes to this Policy using the Channels that we normally use to communicate. Your continued use of our website and products after you have been notified of any amendments to the Policy will represent your acknowledgment of any changes and your agreement to adhere to the updated Policy.

 

16. DISPUTE RESOLUTION OR LODGING A COMPLAINT

 

Should you have any concerns relating to our Policy you may submit an email to info@thecookiecollab.co.za. We will review your concerns and try to resolve any complaint relating to the protection of personal information, in this Policy and applicable law.

 

We will acknowledge your request as required under applicable data protection laws. However, the rights mentioned in this Policy are not absolute: the rights do not always apply, and exemptions may be applicable. We will ask you to verify your identity and/or ask you information to assist us in better understanding your request. In the event we do not comply with your request, we will explain why.

terms & conditions

“Products”:  Products with the brands "The Cookie Collab" 

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“Seller”:       The Cookie Collab as the exclusive manufacturer and distributor of the Products

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“Site”:           Means thecookiecollab.co.za web site

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“Service”:     The offering and the sale of the Products on the Site constitutes the "Service”. 

 

The Site and the Service are governed by the general terms and conditions ("Terms and Conditions") as follows:

1. This Site is operated by the Seller. The terms "we"; and "us" refer to the Seller. The Seller offers this Site, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

2. By visiting the Site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms and Conditions. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

3. Please read these Terms and Conditions carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms and Conditions. If you do not agree to all the Terms and Conditions, then you may not access the Site or use our Service. 

 

4. Policy of the Seller
 

4.1 The Seller offers Products for sale on the Site and makes available Services exclusively to users of the Site, which are qualifiable as "consumers" (users of the Site hereinafter referred to as "Buyers" and each of them "Buyer").

4.2 These Terms and Conditions regulate the relationship between each Buyer and the Seller, with reference to the offer, transmission and acceptance of purchase orders for Products addressed to the Seller through the Site.

5. Billing Accuracy and Account Information

5.1 We reserve the right to refuse any orders placed with us. We may, in our sole discretion, limit or cancel quantities purchased by the Buyer.

5.2 In the event of cancellation of, changes to, or limitation of orders, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made and you will be given an opportunity to cancel the order or accept the order in its amended form. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by persons who are not "Consumers", such as, but not limited to, dealers, resellers or distributors.

5.3 You agree to provide current, complete and accurate purchase and account information for all purchases made on the Site. You agree to promptly update your account and other information, including, but not limited to, your email address, physical address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

6. Optional Tools and Third-Party Links

6.1 We may provide you with access to third-party tools over which we do not monitor, have any control or input. Certain content, products and services available via our Service may include materials from third-parties.

6.2 To the extent allowed by law, you acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

6.3 To the extent allowed by law, any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). 

6.4 Third-party links on this Site may direct you to third-party websites that are not affiliated with us. To the extent allowed by law, we are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.


6.5 To the extent allowed by law, we are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

7. User Comments, Feedback and Other Submissions

 

7.1 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

 

7.2 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.

 

7.3 You agree that all of your comments on the Site will not violate our or any third-party's rights, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
 

8. Errors, Inaccuracies and Omissions

8.1 Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order) and without any right for you to claim in respect of such change or cancellation, provided that you may cancel your order if it is affected by the change and in any event, you may claim a full refund of monies paid in respect of such validly cancelled order.


8.2 We undertake no obligation to update, amend or clarify information on the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related website, should be taken to indicate that all information on the Site or on any related website has been modified or updated.

9. Prohibited Uses

9.1 In addition to other prohibitions as set forth in these Terms and Conditions, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, national, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability or other unlawful ground; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the internet; (h) to collect or track the personal information of others; (I) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for committing any of the prohibited uses.

10. Disclaimer of Warranties and Limitation of Liability

10.1 We do not guarantee, represent or warrant that your use of our Site will be uninterrupted, timely, secure or error-free.

10.2 We do not warrant that the results that may be obtained from the use of the Site will be accurate or reliable.

10.3 You agree that from time to time we may remove the Site for periods of time or cancel the Service at any time and notice for such will be provided on the Site.

10.4 You expressly agree that your use of, or inability to use, the Site is at your sole risk. The Site, and all Products and Services delivered to you through the Site are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, to the extent allowed by law, subject only to applicable statutory warranties.
 

10.5 To the extent allowed by law, in no case shall the Seller, or any of it’s officers, employees, affiliates, agents, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, delict (including negligence), strict liability or otherwise, arising from your use of the Site and its contents,  the Service or any Products procured using the Site. Our liability shall be limited to the maximum extent permitted by law.

11. Indemnification

11.1 You agree to indemnify, defend and hold harmless the Seller and any of its affiliates, partners, officers, agents, licensors, service providers, suppliers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

12. Circumstances beyond the Seller’s control

12.1 It shall not be a breach of these Terms and Conditions when we are delayed or prevented from providing our Services, processing or fulfilling an order, or making the Site available as a result of a  cause beyond our reasonable control, including, without limitation any act of God or natural disaster and unavoidable incident, actions of third parties, riots, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen or the any cause similar to or having the same effect as the causes stated in this clause regardless of whether the circumstances in question could have been foreseen (collectively, "Force Majeure Event").

12.2 If we are prevented from fulfilling an order due to a Force Majeure Event for more than 5 Business Days, either you or we may cancel the Order by written notice.

13. Severability

13.1 In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

14. Termination

14.1 The expiration or termination of these Terms and Conditions shall not affect such of the provisions of these Terms and Conditions which are expressly provided to operate after any such expiration or termination, or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the relevant provisions themselves do not provide for this.

14.2 These Terms and Conditions are effective until amended or terminated.

14.3 If in our sole judgment you fail, or we reasonably are of the opinion that you have failed, to comply with any term or provision of these Terms and Conditions, we also may deny you access to our Site (or any part thereof).

15. Entire Agreement

15.1 The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

15.2 These Terms and Conditions, the Privacy Policy, and any policies or operating rules posted by us on this Site or in respect of the Service, the Products and/or this Site constitute the entire agreement and understanding between you and us and govern your use of the Service, the Products, and this Site, superceding any prior agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).

15.3 Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party, being us.

16. Governing Law and Jurisdiction

16.1 These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of South Africa.

16.2 The Site is hosted, controlled and operated from South Africa and therefore governed by South African law and the Buyer submits to the jurisdiction of the South African courts.
 

17. Changes to these Terms & Conditions

17.1 You can review the most current version of the Terms and Conditions at any time at this page.


17.2 We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our Site. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

17.3 Should you not be satisfied with any part of the Terms and Conditions, you are advised to not to use the Site.

17.4 Any such changes to the Terms and Conditions will apply to the use of the Site after the change is displayed or published on the Site. The use of the Site after the date on which the changes are displayed will be deemed acceptance of the amended Terms and Conditions.

17.5 We reserve the right to refuse Service to anyone for any reason at any time.

17.6 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site or any contact on the Site through which the Service is provided, without express written permission by us.

17.7 The headings used in this agreement are included for convenience only and will not limit or influence the interpretation or otherwise affect these Terms and Conditions.

18. Electronic Communications

18.1 By transacting on the Site, you consent to receiving electronic communications from us and/or our partners in accordance with our "Privacy Policy".

19. Data Protection and Personal Information

19.1 For terms regulating data management and protection, please refer to our Privacy Policy which are incorporated herein by way of reference.

20. Product Guarantee and Pricing

20.1 To the extent allowed by law, the Seller does not provide any guarantee as to the quality and suitability of the Products and accordingly the Seller shall have no liability (other than a potential acceptance of return in accordance with these Terms and Conditions) towards the Buyer for any defective or faulty Products.

20.2 The details of each Product is shown on the Site on each "Product Page". The images and colours of Products offered for sale on the Site may not correspond to the actual products delivered. We expressly disclaim all responsibility and liability and the you waive any claims you may have against us in this regard.

 

20.3 The offers of Products on the Site, and the related prices, are applicable as long as they are visible on the Site and only while stocks last. We reserve the right to vary the catalogue of Products including their price at any time and without notice. We are not required to avoid the impact of the Products variations on possible orders in progress and for orders not yet paid in full. Possible variations in price will be applicable also to Products already placed in a cart for purchases not yet paid in full before such variations.

21. Product Complaints

21.1 If you feel that the Product/s you received is/are defective, kindly contact our department at info@thecookiecollab.co.za with your order number, a description of your complaint, as well as pictures of the Product and the Product label. 

22. Changes to Products and Pricing

22.1 Prices for our Products are subject to change without notice.

22.2 We reserve the right at any time to modify or discontinue a product or its relevant price, without notice at any time.

22.3 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of Products.

23. Refunds/Exchanges

23.1 Refunds and/or exchanges will only be considered should a Product be found defective by the Seller. The Buyer will be required to submit proof that the product is defective to the satisfaction of the Seller.

23.2 No refunds will take place for orders that are cancelled on the date of delivery

23.3 Should a Product investigated by the Seller be found defective after receiving a complaint, a right to refund, return or replace will be granted within 48 working hours on normal business days. In the case of a refund, this may take up to 5 business days to be processed by the Seller, and could take longer than that to reflect in the Consumers’ bank account.

 

23.4 We are not responsible for lost, stolen, or damaged packages/items. Once the package has been dropped off at the courier, it is in the hands of the courier. Please track your package accordingly and ensure someone is available to accept the delivery on the date specified.

23.5 Cookie toppings may melt during transit, and/or cookies may arrive softer depending on their flavour. We do our best to prevent damaged cookies, however, we cannot control the temperature and how it may affect the cookies. It is suggested to store your cookies in the freezer immediately once received. Please only order if you are okay with this, thank you!

24. Allergens

24.1 As the Buyer it is your responsibility to check the Product label or the Product description as listed on our website for any allergens or offensive ingredients prior to ordering a Product on the Site, as no exchanges or returns will be considered in this regard. We are not a nut-free facility so even though some products do not contain nuts, they may have been exposed to nuts during the production process.

25. Accepted Payment Methods

25.1 When making purchases on the online store of the Site, the Buyer has the option to pay via the following payment options:

- Debit and Credit Cards (Visa/Mastercard)
- Manual EFT 


25.2 The abovementioned payment methods are facilitated through Third Party Services. Please refer to clause 6.

25.3 We take no responsibility for any downtime on any of the above-mentioned payment methods, nor for any unsuccessful payments facilitated by these Third Parties.
 

26. Payment and Transfer of Ownership

26.1 In case of payment by credit card, all financial information (for example, the credit / debit card number or the expiration date) will be sent by encrypted protocol to third parties, which provide remote electronic payment services, without the third parties having any access to the financial information. This information will not be used by us except for performing the procedure relevant to the proper fulfilment of the order and for issuing refunds in case of any refunds of Products, as a result of exercising the right of return on your part and subject to the Returns Policy, or if it becomes necessary to prevent or report to the police, fraud on the Site. In any case, all personal data provided by the Buyer will be processed by the Seller in compliance with our "Privacy Policy".

26.2 The price for the purchase of Products and the shipping costs, as indicated in the Order Form, will be charged to your bank account upon purchase of the Products.

26.3 Ownership of the Products shall at all times remain vested in the Seller up until such time as the purchase price for the Products has been paid in full.

27. Receipt of Correct Products

27.1 Please ensure that when receiving your order that you check the products to ensure that they are the correct products which you have ordered, as no exchanges will take place as per our returns & refund policy.

28.  Shipping and Delivery

28.1 Products are delivered to your selected address via a 3rd party courier service.

28.2 Cut off time for orders will be on Sundays at midnight CAT. All orders received after cut off will only be processed the following week. We will deliver or will procure that an authorized third party will deliver the Products to you as follows:

  • Ballito and surrounding areas – orders will be delivered on Wednesdays between 9am and 12pm

  • Other areas – orders will be collected by the courier on Tuesdays, whereafter delivery will be made to the Buyer within 1 to 3 business days

  • Pickup/collections – orders may be collected on Tuesdays and Wednesdays between 9am and 5pm in accordance with pick up instructions received with order confirmation

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28.3 Unfortunately, no specific time can be allocated to a delivery, as the routes are planned to ensure all deliveries take place on the certain day.

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28.4 If you find that any Product ordered was not successfully delivered, you must notify us in writing within 2 days of the date on which the other delivered Products were successfully delivered.

28.5 We shall, following receipt of a notification as aforesaid, verify the information provided by you against our delivery records. If determined by us all Products ordered were indeed not successfully delivered, we will process and deliver such non-delivered Products as soon as reasonably possible.

28.6 Should your delivery address be in a complex/flat/estate, access may be restricted by security thus please ensure the order is accepted at the security gate by yourself.

28.7 If there are any special instructions for Products to be left at the security gate, then we will not take any responsibility or be liable for defective Products due to the Products possibly being stored incorrectly until collected by yourself

28.8 Should our delivery service arrive at the delivery address and there is no one who can accept the order, then the order will be returned to the depot to be dispatched on the next available or suitable delivery day, and additional delivery charges may be levied for which you will be liable.

28.9 Should our delivery service be unable to deliver for a second time due to no one available to accept the order/ no answer at the address, you will then be required to arrange for your order to be collected. The fee for shipping may be withheld in order to cover the costs of fuel for the 2 delivery attempts carried out.

28.10 If for any reason the delivery address is in an area which we do not deliver to (in the case of an incorrect postal code being used by the Buyer), the address cannot be found or is assessed to be unsafe to effect delivery, your order may be cancelled and you will be refunded the value of your order.

28.11 Delivery address changes may only take place more than or 24 hours prior to the dispatch of the Products to the courier. In the event of these,  the delivery date may be affected and the delivery may not take place on the scheduled delivery date. No changes to the delivery address are permitted after the Products have been despatched. All delivery address changes should be requested via email to info@thecookiecollab.co.za.

29. Stock Availability

29.1 When an order is placed for a Product, and for any reason the Product is not available, then you will be contacted via telephone or email to confirm whether you would like to substitute the Product, or cancel the order, in which case, a full refund for the total value of the product will take place. Should you wish to cancel your entire order, a full refund for the total value of the order will take place.
 

30. Directions for Placing an Order on the Site

30.1 By placing an order, you warrant that you have the necessary contractual capacity and authority to be bound by these Terms and Conditions.

30.2 To place an order on the Site, you will be required to complete an order form on the Site by following the instructions on the Site and completing all the relevant fields with the correct information.

30.3 Before proceeding with the purchase of Products, through the submission of the Order Form, you must carefully read these Terms and Conditions together with a summary of products ordered, with an indication of the selling price in ZAR (inclusive of all applicable taxes and fees); methods of payment which you may use to purchase the Products; methods of delivery of the Products; methods of processing and handling of complaints by us; shipping costs and delivery of the Products; the date by which we undertake to deliver the Products. 

30.4 These Terms and Conditions will be considered to have been accepted by you in relation to the purchase of the Products on receipt your order form, by us. You will then be provided and order confirmation, to be sent electronically, after we have verified the correctness of all the information contained in the order form completed by you.

30.5 When submitting the order form, you will be notified that such submission requires you to pay the price quoted. Before submitting the order form, you will be required to identify and correct any errors; in any case, it is recommended that you print and keep the order form.

30.6 We will not process orders that are incomplete or incorrect, or in the event that Products ordered are no longer available. In the above cases, we will inform you by e-mail or telephone, that the order may not be fulfilled and therefore we cannot carry out the order, specifying the reasons. In the event the Products displayed on the Site, are no longer available for sale when you last access the Site or at the time the order form is submitted, we will inform you of the unavailability of the Products included in the order. In these cases, if you had already submitted the order form and paid the relevant price for the Product, we will refund you the amounts paid by you. We will not be required to reimburse any other amount to you, for any other reason, other than as set out in these Terms and Conditions.

30.7 By submitting the order form, you accept unconditionally and agree to observe the Terms and Conditions during your relationship with the Seller. If you do not agree with any of the Terms and Conditions, you should refrain from submitting the order form.
 

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