TERMS AND CONDITIONS OF SALE – WEBSITE PURCHASES TERMS


1. OUR TERMS

1.2 What these terms cover. These are the terms and conditions on which we supply goods to you on our website. (www.berrymancocktails.com)

1.3 Why are the Terms Important? Please read these terms before you submit your order. These terms tell you who we are, how we will provide goods to you. How you, or we, may change or end the contract. What to do if there is a problem and other important information.

1.4 Are you a business customer or a consumer? In some areas, you will have different rights under these terms depending on whether you are a business or a consumer.

●  You are a consumer if: You are an individual if you are buying goods from us for your personal use. (not for use in connection with your, business).

●  You are a business customer if: You are buying the goods from us for use in connection with the business, trade, craft, or profession of your employer/organization (not for personal use).

1.5 If you are a business customer, this is our entire agreement with you.
You acknowledge that you have not relied on any statement. Promise, representation, assurance. Or warranty made or given by or on behalf of us which is not set out in these terms. And that you will have no claim for innocent or negligent misrepresentation. Or negligent misstatement based on any statement in this agreement.

 
2.  INFORMATION ABOUT US AND HOW TO CONTACT US

2.1  Who we are. We are Berryman. Our Reg no.  is 2013 /172185/7. Our Address is Unit 08 Edgecombe mill, 32 Marshall drive, Mount Edgecombe

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2.2  How to contact us. You can contact us at +27 31-5002116/ +27 813321561 or by writing to us at admin@berryman.co.za.


2.3  How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us when placing your order.


2.4  "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.

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3.  OUR CONTRACT WITH YOU

3.1  We will accept your order at our discretion. We may send you an email acknowledging receipt of your order, but this does not constitute our acceptance of the order.
3.2  If we are unable to accept your order, we will inform you of this and will not charge. This might be because the goods are out of stock, because of unexpected limits on our resources which we could not reasonably plan for because a credit reference we have obtained for you does not meet our minimum requirements. Or because we have identified an error in the price. Or a description of the goods or because we are unable to meet a delivery deadline you have specified.

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4. OUR GOODS

4.1  The images,  descriptions, and specifications of the goods on our website are for display purposes only. Your goods may vary slightly from those, descriptions or specifications. The packaging and coloring of the goods may also vary from that shown in images on our website.

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5.  YOUR RIGHTS TO MAKE CHANGES

5.1 If you wish to make a change to the goods you have ordered. Please contact us as soon as possible. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the goods, the timing of supply, or anything else which would be necessary as a result of your requested change and ask you to
confirm whether you wish to go ahead with the change.

 
 6.  OUR RIGHTS TO MAKE CHANGES

6.1  We may change the goods at any time and without notice:
(a)  to reflect changes in relevant laws and regulatory requirements; and
(b)  to implement minor specification adjustments and improvements, for example
to improve the taste.  
6.2  We reserve the right to change these terms and conditions of sale from time to time
without notice. The most up-to-date version of these terms and conditions will be on
our website, so please check our website regularly.

 
7.  PROVIDING THE GOODS

7.1  The costs of delivery will be as displayed to you on our website.
7.2  We will make every effort to deliver the goods as reasonably possible and in any event within 30 days after the day on which we accept your order.
7.3  If our supply of the goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any goods you have paid for but not received.
7.4  We require a signature upon delivery, so please ensure that someone is present to accept delivery, or leave instructions during the order process for us to deliver your order to someone else.
7.5  After a failed delivery to you, we will attempt to redeliver your order two more times. If we are unable to complete our delivery to you (e.g. due to difficulties gaining access to the delivery address). We will notify you as soon as possible.  If despite our reasonable efforts, we are unable to contact you or successfully complete delivery we
may end the contract.
7.6  The goods will be your responsibility from the time we deliver the goods to the address you gave us. Ownership of the goods will also pass to you from the time we deliver the goods to the address you gave us.

 
8.  YOUR RIGHTS TO END THE CONTRACT

8.1  Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing when you decide to end the contract, and whether you are a consumer or business customer:
(a)  If what you have bought is faulty or described, you may have a legal right to end the contract (or to get the goods replaced or to get some or all of your money back), see clause 12 if you are a consumer or clause 13 if you are a business customer;
(b)  If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2.
(c)  If you are a consumer and have just changed your mind about the goods, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods.
8.2  If you are ending a contract for a reason set out at (a) to (d) below the contract will end
immediately and we will refund you in full for any goods which have not been provided. The reasons are:
(a)  we have told you about an upcoming change to the goods or these terms which you do not agree to;
(b)  we have told you about an error in the price or description of the goods you have ordered and you do not wish to proceed;
(c)  there is a risk that the supply of the goods may be significantly delayed because of events outside our control; or
(d)  you have a legal right to end the contract because of something we have done wrong.
8.3  If you are a consumer then for most goods bought online you have a legal right to change your mind within 14 days and receive a full refund, to the extent that the goods are returned to us unopened and in a resalable condition.  
8.4  All customers have the right to cancel their order with us at any time up to 12 pm on the
day of purchase. Where orders are placed after 12 pm, you may cancel your order up to
12 pm on the next business day.
 
9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE A CONSUMER WHO
HAS CHANGED THEIR MIND)

9.1  To end the contract with us, please let us know by doing one of the following: call us on +27 31-5002116/ +27 813321561 or email us atadmin@berryman.co.za.Please provide your name, home address, details of the order (including order number), and your phone number and email address.
9.2  If you end the contract for any reason after goods have been dispatched to you or you have received them, you must return them to us. Please pack the goods back in the package and return them to our address at Unit 08 Edgecombe mill, 32 Marshall Drive, Mount Edgecombe. We encourage you to use a tracked postal service to return goods to us – please note, you are responsible for ensuring that the goods are safely returned to us.
9.3  Where you are returning the goods to us because you are a consumer who has changed their mind further to clause 8.1(c), the goods must be returned to us in perfect, unused condition.
9.4  We will only pay the costs of return:
(a)  if the goods are faulty or misdescribed; or
(b)  if you are ending the contract because we have told you of an upcoming change to the goods or these terms, an error in pricing or description, a delay in delivery due to events outside our control, or because you have a legal right to do so as a result of something we have done wrong. In all other circumstances (including where you are a consumer exercising your right to change your mind) you must pay the costs of return.
9.5  If you are entitled to a refund under these terms we will refund you the price you paid for the goods including standard delivery costs, by the method you used for payment.  
9.6  We aim to process any eligible refunds within 7 business days of receipt of returned goods, although repayment may take up to 14 days if you are a consumer and 30 days if you are a business customer at the busiest times. Please also note that timescales for refunds may be affected by the payment service provider processing the refund.

 
10.  OUR RIGHTS TO END THE CONTRACT

10.1  We may end the contract for the goods at any time by writing to you if:
(a)  you  do  not,  within  a  reasonable  time  of  us  asking  for  it,  provide  us  with information that is necessary for us to provide the goods, for example, delivery address; or
(b)  you do not, within a reasonable time, allow us to deliver the goods to you.
10.2  If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for goods we have not provided but we may deduct or charge you a reasonable administration fee or the net costs we will incur as a result of you breaking the contract.

 
11.  IF THERE IS A PROBLEM WITH THE GOODS

If you have any questions or complaints about the goods, please contact us as soon as possible. You can telephone us at 27 31-5002116/ +27 813321561 or write to us at info@berryman.co.za.

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12.  YOUR RIGHTS IN RESPECT OF DEFECTIVE GOODS IF YOU ARE A CONSUMER

2.1  If you are a consumer we are under a legal duty to supply goods that are in conformity with this contract. Nothing in these terms will affect your legal rights.
12.2  If you wish to exercise your legal rights to reject goods, please contact us as set out in clause 11 above in the first instance. You will be required to post the goods back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection on receipt of satisfactory proof of the postage costs that you have incurred.  
12.3  Once we have inspected the goods and confirmed that they are defective we will arrange for the goods to be replaced with the same or similar goods or we will issue you with a full refund in accordance with clauses 9.5 and 9.6 above. If we inspect the goods and determine that they are not faulty then we will return the goods to you at your cost.  
12.4  The remedies available to you depend on when you exercise your legal right to reject the goods as set out below:  
(a)  if you contact us to reject the goods within 30 days of receiving them, then, subject to clause 12.3 you will be entitled to a full refund;  
(b)  if you contact us to reject the goods after the 30 day period has expired and within 6 months of receiving the goods then, subject to clause 12.3, we are entitled to an opportunity to replace your goods. If we are unable to do so, you will be entitled to a full refund; and
(c)  if you contact us to reject replaced goods that remain of unsatisfactory quality after the 6 month period has expired, you may be entitled to a full or partial refund.

 
13.  YOUR  RIGHTS  IN  RESPECT  OF  DEFECTIVE  GOODS  IF  YOU  ARE  A  BUSINESS
CUSTOMER

13.1  If you are a business customer we warrant that on delivery any goods shall:
(a)  conform in all material respects with their description; and
(b)  be free from material defects in design, material, and workmanship.
13.2  Subject to clause 13.3, if:
(a)  you give us notice in writing within a reasonable time of discovery that the goods do not comply with the warranty set out in clause 13.1;
(b)  we are given a reasonable opportunity of examining such goods; and
(c)  you return such goods to us at our cost, we shall, at our option, replace the defective goods, or refund the price of the defective goods in full.
13.3  We will not be liable for the goods’ failure to comply with the warranty in clause 13.1 if:
(a)  you make any further use of such goods after giving a notice in accordance with clause 13.2(a);
(b)  the defect arises because you failed to follow our oral or written instructions as to the storage or use of the goods or (if there are none) good trade practice;
(c)  you alter the goods without our written consent; or
(d)  the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
13.4  Except as provided in this clause 13, we shall have no liability to you in respect of the
goods’ failure to comply with the warranty set out in clause 13.1.
13.5  These terms shall apply to any repaired or replacement goods supplied by us under clause 13.2.

 
14.  PRICE AND PAYMENT

14.1  The price of the goods (which includes VAT will be the price indicated on the order pages or in the
order confirmation you received when you placed your order unless we have notified you otherwise in accordance with clause 8.2(b)

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