Terms & Conditions: Grounded Ingredients (a product of Four Returns (Pty) Ltd, trading as Grounded)

Version 2.0, 12 April 2022 

These are the general terms of the relationship between you (the website visitor) and us (the website owner - Grounded Ingredients, a product of Four Returns (Pty) Ltd, trading as Grounded). They cover any use of www.groundedingredients.com (the website), any sales made under the website, and any sale made where these terms are referred to on an invoice. You agree to be legally bound by the terms by visiting and using this website. Please do not use the website if you do not agree to the terms.

You may not access, display, use, download, or otherwise copy or distribute content obtained on this website for marketing and other purposes without our consent.

1. Capacity

1.1. If you are under the age of 18, you may not respond to or otherwise accept or act upon any offers on this website.

2. Conclusion of sales and stock availability 

2.1. Users may place orders for products, which Grounded Ingredients may accept or reject.

2.2. In respect of purchases made online through the website, Grounded Ingredients will indicate the acceptance of your order by delivering the products to you, and only at that point will an agreement of sale between you and Grounded Ingredients come into effect. This is regardless of any communication from Grounded Ingredients stating that your order or payment has been confirmed. Grounded Ingredients will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid, or replacing your selected products with other products or a refund, as agreed with you.

2.3. In respect of all purchases made other than online through the website, an invoice issued by us in response to your purchase order will constitute acceptance of that purchase order, and the applicable purchase order and invoice will together constitute a valid and binding agreement of sale between us.

2.4. In respect of purchases made online through the website, prior to delivery of the products, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery of the products, you may return the products only in accordance with the Returns Policy. In respect of all other purchases, your order is irrevocable, and you may not cancel a purchase order once you have delivered same to us.  

2.5. Placing products in a shopping cart without completing the purchase cycle does not constitute an order for such products, and as such, products 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 Grounded Ingredients liable if such products are not available or are not available at that particular price, or when the price has changed, when you complete or attempt to complete the purchase cycle at a later stage.

2.6. You acknowledge that stock of all products on offer is limited and that pricing may change at any time without notice to you. Grounded Ingredients 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 Website. However, we cannot guarantee the availability of stock. When products are no longer available after you have placed an order, Grounded Ingredients will notify you and you will be entitled to a refund of any amount already paid by you for such products.

3. Pricing

3.1. We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (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.

3.2. Prices displayed on the Website are inclusive of VAT. The VAT amount will be reflected when you proceed to the payment page.

3.3. All prices and charges on the Website are reflected in, and all payments made through the Website must be made in South African Rands.

3.4 In the event that an invoice is issued, Grounded Ingredients will be bound by the pricing reflected in such invoice.

4. Payment

4.1. Payment of the purchase price for goods purchased on the website will be made upfront in accordance with the instructions on the website. In this regard, we are committed to providing secure online payment facilities. We use Peach Payments as our service provider for payment services. Payments may only be made via the Peach Payments payment services on the website. Full details of Peach Payments’ terms and conditions can be obtained from its website (www.peachpayments.com). Please note that we won’t be responsible or liable for any errors by Peach Payments or in the Peach Payments system, or any loss to you caused by this. We also reserve the right, in order to prevent suspected fraud, to refuse to accept or process payment any order and/or to cancel any order.

4.2. In the case of purchases which are not processed through the website, the payment terms will be indicated on the applicable invoice delivered in response to a purchase order.

5. Delivery policy

5.1. Please view details here. A delivery being delayed is not grounds for a return or refund.  

5.2. You accept that in order for us to prove delivery of an order, we do not have to prove that you personally received the goods, but rather that any person at the delivery address signed for the delivery. 

6. Risk and ownership

6.1. Risk and ownership in the goods pass to you on delivery. We are not responsible for any loss or unauthorised use of the goods, after we have delivered the goods as set out in 4 above.

7. Returns / refund policy

7.1. We want you to be completely satisfied with your Goods. Should you not be satisfied please contact us within 7 days of receiving your Goods and we will do our best to resolve any issues, and when required arrange for a return and refund. Refunds will be granted at our discretion.  

   7.1.1. We can only accept returns of Goods that are in their original, unopened packaging. Please note that we cannot accept sample returns or returns of Goods that could have experienced cross contamination at the delivery location.  

   7.1.2. Although we are unable to refund or exchange items of the aforementioned nature in 7.1.1, if the incorrect Goods arrive, or your Goods arrive damaged we will replace or refund them when we are at fault.  

   7.1.3. Should you want to do quality evaluation on our Goods, we suggest you first order and evaluate a product sample before placing a larger order. 

7.2. We do our best to ensure the product information, availability, purchase price and associated delivery times and fees are accurately reflected on our website. However, should we accidentally deliver the wrong product to you or if the product is not as described on the website:

   7.2.1. Please do not remove the product from its original packaging or remove any of the stickers or labels.

   7.2.2. Notify us immediately and we will collect the product from you at no charge.

   7.2.3. We will, at your choosing, deliver the correct item as soon as possible (if available), or issue a refund (using the same method of payment you originally used for the purchase). 

7.3. If your Goods arrive damaged, we will do our best to resolve the issue. Please notify us within one working day of delivery.

   7.3.1. We will request a photograph of the outer box (including whether it has a Fragile sticker or not), a photograph of the inside of the box including the inner packaging and a photograph of the damaged item.

   7.3.2. If necessary we will arrange to collect the Goods from you at no charge and once we’ve inspected the Goods and validated the return, we will, at your choosing, replace the Goods (if available) or issue a refund (using the same method of payment you originally used for the purchase).   

7.4. Should refunds be granted, they are handled within 8 to 10 working days of logging a return request. Refunds can take up to 10 working days to reflect in your account once processed due to banking timelines. Replacements may take longer as these depend on availability. 

8. Force majeure 

8.1. We shall not be liable for any delay occurring as a result of any Act of God, war, strike, lockout or other industrial action or dispute, civil commotion, embargo, sanction, epidemic, closure of borders, crude oil and associated by-products, shortages or delays/damages or loss during transit or any other cause whatsoever beyond our reasonable control.

9. Responsibility

9.1. We take responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer support and dispute resolution. With regard to purchases made on the website, we will also take responsibility for delivery of goods, whereas with all other purchases, the relevant delivery terms (e.g. incoterms) will be stated on the invoice.

10. Third party websites

10.1. We may provide hyperlinks to third party websites, should you access and use any third party websites, you do so solely at your own risk. 

11. Updating of these terms 

11.1. We may change the terms at any time by updating this web page. If you do not agree with the change, you must stop using this website or the changed terms will apply to you.

12. Copyright and intellectual property rights 

12.1. All rights, title, interest, and ownership (including all rights under all copyright, patent, and other intellectual property laws) in, to, or of this website are our sole property. All moral rights are reserved.

Our logo and sub-logos, marks, and trade names are our trademarks and no person may use them without our permission. Any other trademark or trade name that may appear on our marketing material is the property of its respective owner.

Except as expressly permitted under the agreement, the website may not be:
- modified or used to make derivative works;
- rented, leased, loaned, sold or assigned;
- reverse engineered or copied; or
- reproduced or distributed.

13. Limited licence to general users 

13.1. We grant you, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future content for personal, non-commercial and information purposes only. We may cancel your licence at any time for any reason.

13.2. We, our affiliates or subsidiaries reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. 

14. Limitation of liability 

14.1. We provide the website “as is”. We do not give any express or implied warranty or make any other promise about this website. For example, we do not warrant that it is good quality, fit for any particular purpose, accurate, complete, up-to-date, legally effective or secure. We also do not warrant that it is free of latent defects, errors, malicious software or infringing content, or that you will have quiet or uninterrupted use of it.

14.2. You indemnify us against any claim, demand, loss, damage, cost, or liability (including reasonable attorneys’ fees) related to your use of this website.

14.3. We will do our best to fix any fault in this website as soon as reasonably practical after we find out about it. This is the limit of our responsibility and liability for any fault in the website.

14.4. We are not responsible for anyone else’s website.

14.5. We won’t be liable for any damage, claims, loss or costs that you or any third party may suffer as a result of your order, or because of using, consuming, handling, storing, or transporting the purchased goods, be it harm to people, damage to other goods outside of this contract, or financial losses.  

14.6. Subject to clause 14.7 below, clause 14.5 above will not apply if the damage was caused by our gross negligence or willful default, in which event our maximum aggregate liability for any harm caused to you is limited to the amount of your order. 

14.7. We will under no circumstances be liable for any consequential, indirect or punitive damages. 

15. Privacy 

15.1. Please see our Privacy Policy for more information on using this website and cookies.

15.2. Grounded Ingredients shall take all reasonable steps to protect the personal information of users. 

15.3. Grounded Ingredients respects your privacy. This means that any and all of the personal information collected on this site will be kept strictly confidential and will not be sold, reused, rented, disclosed, or loaned. Any information you provide will be held with the utmost care and will only be used to process your order and to provide you with the best possible service.

16. Choice of law 

16.1. South African law and conditions (such as time and date) govern these terms and any transaction performed hereunder including any sale of goods made other than under this website where these terms are referred to on an invoice. Only the South African courts may decide any dispute about the terms. It is illegal to access the Website from territories or countries where the content or purchase of the products sold on the Website is prohibited. You may not use this Website in violation of South African export laws and regulations. If you access this website from locations outside of South Africa, you are responsible for compliance with all local laws.

16.2. Nothing in this clause or these terms limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the Consumer Protection Act, to the extent that this Act applies.

17. Notices and communications

17.1. We hereby select the address in 18.2.3 below as its address for the service of all formal notices and legal processes in connection with these terms. We may change this address from time to time by updating these terms.

17.2. 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 us not less than 7 days’ notice in writing.

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

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

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

   17.3.3. by email during business hours will be presumed to have been received on completion of the transmission.

17.4. You consent to receiving communications from us electronically. 

18. Contact information

18.1. This website with address www.groundedingredients.com is run by Four Returns (Pty) Ltd, a private company with limited liability organised and existing under the laws of South Africa, registered in South Africa trading as Grounded and with registration number 2014/161980/07.

18.2. If you have any questions, queries or complaints, please contact us::

   18.2.1. Phone number: +27 (0)87 012 5944

   18.2.2. Email address: customercare@grounded.co.za

   18.2.3. Address: The Bureaux Serviced Suites
              Block A, Woodstock Exchange
              66 Albert Road, Woodstock, 7915
              Cape Town, South Africa

18.3. Our office-bearers (directors) are: 

   18.3.1. Gijs Boer

   18.3.2. Thekla Teunis 

   18.3.3. Inge Lok 

19. These terms are the entire agreement between us and you with regard to the use of the content, this Website, the sale of goods under the website, and any sale of goods made where these terms are referred to on an invoice. These terms supersede any standard terms you may have that relate to any of the foregoing, it being recorded that the parties shall not be bound by any such terms.

20. Any term that is invalid, illegal, or cannot be enforced must be regarded as deleted. The remaining terms continue as intended.

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

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