Website Terms & Conditions of Use relating to meshuggah.co.za
These Terms & Conditions (“the Terms & Conditions”) govern your (“the User’s”) use of the Meshuggah website and online store (“Meshuggah”) located at the domain name https://meshuggah.co.za (“the Website”) and/or any of the products which Meshuggah sells and/or provides to the public (“the Products”). By accessing and using the Website and/or any of the Products sold and/or provided by Meshuggah to the public, the User agrees to be bound by the Terms & Conditions set out herein. The User may not access, display, use, download, and/or otherwise copy or distribute the content obtained on the website (the Content”) for marketing and/or any other purposes, without prior written consent from Meshuggah. Users must be 18 (eighteen) years or older to visit the website and/or purchase any Products.
Communication and Notices
All notices required or permitted to be given under the Terms & Conditions will be in writing and delivered by email. If the User intends to give notice to Meshuggah, the User must email email@example.com. All email communication sent by the User to Meshuggah must make use of the “read receipt” function to serve as proof that an email has been received by Meshuggah. If Meshuggah gives notice to the User, Meshuggah will use the email address provided by the User when completing an order on the Website. All emails sent to the User by Meshuggah will be deemed to have been received on the first business day following the dispatch of such email, provided that no “system error” or other notice of non-delivery is generated. If applicable law requires that a given communication be “in writing,” the User agrees that email communication will satisfy this requirement.
E-Commerce & Privacy
The User consents to provide Meshuggah with the following private information where required: the User’s First name; last name; date of birth; gender; credit/debit card details, billing address; delivery address; and telephone/mobile number(s). Save for the sharing of information that is necessary to execute orders, such private information will not be sold or made known to any third parties. The User’s Credit card details will not be stored by Meshuggah under any circumstances. Meshuggah will not be responsible for security breaches occurring on the User’s electronic device(s) (Personal Computer(s), internet network, external storage device(s)/platforms or any other electronic device(s) used to browse the Website). With regard to marketing, including email marketing, by providing Meshuggah with the User’s email address, the User gives Meshuggah permission to send email marketing material to the User’s emails about Meshuggah’s products and other updates and offers.
Credit Card Acquiring – Payment Gateway
Credit Card Transactions are acquired by PayFast (Pty) Limited (“PayFast”), a registered systems operator and payment gateway in South Africa. All payments, Instant EFT, Debit Card and Credit Card payments, are governed by PayFasts’ terms of service and security policy which may be accessed on PayFasts’ website: www.payfast.co.za
Product Availability, Delivery, Refunds and Return Policy
The provision of Products is subject to availability. In cases where product is unavailable Meshuggah will do its best to notify the User of product shortages and where possible, or appropriate, give the User the option to swap the out-of-stock product for another of the same price; or wait an extra day or two until the product is back in stock. Meshuggah will not accept cancellation of orders once payment has been received.
Special occasion product(s): Meshuggah will make all reasonable attempts to ensure that special offers or products made and marketed for special occasions (such as Valentine’s Day, Easter, Christmas, mark down sales, and the like) are brought to an end timeously as stock runs out. Should Meshuggah not be able to fulfil any special occasion product order due to stock being sold out, Meshuggah will inform the User by way of email and the User may request a full refund or agree to substitute the product(s) with alternate product(s) to the same value.
Meshuggah reserves the right to refuse any order place by a User. Meshuggah may, in its sole discretion, limit or cancel quantities purchased by a User or per order. In the event that Meshuggah makes a change to, or cancels any order, Meshuggah may attempt to notify the User by way of e-mail and/or sending correspondence to the billing and/or delivery address or by calling the phone number as provided at the time the order was placed.
Delivery of any product(s) purchased on the Website will only take place after Meshuggah has received payment in full for such product(s). Meshuggah will supply purchased product(s) to a third party courier, of it’s choosing, for the purposes of delivery of purchased product(s), in good order and condition. Meshuggah’s obligation to deliver product(s) to a User is fulfilled when the product(s) is delivered to the physical address nominated by the User for delivery of an order. Meshuggah will not be responsible for any loss or unauthorised use of a product(s), after the product has been delivered to the physical address nominated by the User.
In certain instances, and should a User elect, product(s) will be available for collection. Once a collection order for Products has been processed, the User will be notified via email of a collection address and date. All collections must be made within 3 (three) business days from email notification. Should a User fail to collect an order within (three) business days of receipt of such notification, Meshuggah reserves its rights to cancel such order and claim any damages it might may have suffered from the User. Should a User elect to collect product(s), whether this be personally or by using a delivery / courier services of the User’s choice, then in such event the User accepts full responsibility for the product(s) from collection.
Whilst every effort is made to protect product(s) in transit during the delivery process, some of the product(s)may become damaged in transit. Therefore, once the product(s) have been delivered to the User, the User is obliged to open the boxes in order to verify that the product(s) have been received as ordered, and that product(s) have not been damaged in transit. The User is obliged to check that there is/are no missing product(s). In the unfortunate event that there is either damage to product(s), or that products are missing, the User is obliged to contact Meshuggah within 24 hours the delivery. Meshuggah will not be held responsible for damage to, or missing, product(s) unless reported within the time frame indicated above.
Meshuggah will not accept any liability for damage caused to the product(s) by virtue of the User failing to store the Products according to the recommended storage instructions.
Meshuggah does not accept expired stock back for any reason. It is therefore the User’s duty to ensure that the product(s) is used before the expiry date.
Products and Prices
Prices for the Products are subject to change without notice. Prices may change because of fluctuating exchange rates or because of Meshuggah’s suppliers increasing their prices. Meshuggah reserves the right to amend or discontinue any product(s) and/or service (or any part or content thereof) at any time and without notice. Meshuggah shall not be liable to the User, or to any third-party, for any amendment, price change, suspension or discontinuance of any product or service. Certain Product(s) or services may be available exclusively online through the website. These product(s) or services may have limited quantities and are subject to return or exchange only according to Meshuggah’s Return Policy (if and where applicable). Whilst Meshuggah has made every effort to display - as accurately as possible - the colours and images of the Product(s) that appear on the online store, Meshuggah cannot guarantee that the User’s computer’s monitor will display the colours accurately. Meshuggah reserves the right to limit the sale of the Product(s) to any person or within any geographic region. Meshuggah may exercise this right on a case-by-case basis. Meshuggah reserves the right to limit the quantities of any Product(s) offered. All descriptions of Product(s) and/or Product(s) pricing are subject to change, at Meshuggah’s sole discretion at anytime and without notice. Meshuggah does not warrant that the quality of any Product(s), services, information, or other material purchased or obtained by the User, will meet the User’s expectations, or that any errors in the service will be corrected.
Updating of these Terms & Conditions
Meshuggah reserves the right to change, modify, amend, novate, add or remove (“update”) the Terms & Conditions, or any portion thereof, from time to time. Any update to the Terms & Conditions will become effective upon such update being posted to this Website. It is the User’s obligation to regularly view the Terms & Conditions on the Website. The User’s accessing and/or continued use of this Website, following the posting any update by Meshuggah, will be deemed as acceptance of such update by the User.
Copyright and Intellectual Property Rights
Meshuggah provides the User with certain information on the Website. The content which is currently displayed, or which is anticipated to be displayed, on the Website is provided by Meshuggah, its affiliates and/or subsidiary(ies), or any other third party owners of such content, and includes, but is not limited, to literary works, musical works, artistic works, sound recordings, cinematograph films, sound, program-carrying signals, published editions and computer programs. All such proprietary works, and the compilation of the proprietary works, are copyright of Meshuggah, its affiliates and/or subsidiary(ies), or any other third-party owner of such rights (the “owner(s)”))and is protected by South African and international copyright laws. The owner(s) of such content reserve the right to make any changes to the website, content, products offered through this Website at any time and without notice to the User. All rights in, and to, the content are reserved and retained by the owners. Except as specified in the Terms & Conditions, the User is not granted a license or any other rights including without limitation under copyright, trademark, patent or other intellectual property rights, in or to the content.
Allergens, Warnings, Disclaimers & Limitation of liability
The Website is a platform to, inter alia, sell various product(s) online. The use, consumption and/or storage of any product(s) or service bought by the User, from Meshuggah, by means of this Website, is solely at the User’s risk and to the exclusion of risk and liability of Meshuggah. Product(s) are made in Meshuggah’s factory, which also uses peanuts and tree nuts. It is therefore the User’s sole responsibility to make him/herself aware of, and carefully read, the ingredients list including all warning notices, affixed to the packaging of product(s) purchased from Meshuggah, and to familiarize him/herself therewith. The User indemnifies and holds Meshuggah harmless against any loss, injury or damages which may be sustained as a result of the User purchasing, using, consuming, storing and/or distributing, gifting or trading with the Product(s). The User indemnifies Meshuggah against any action, whether legal or otherwise, taken against the User, as a result of the User’s use, consumption, storage, distribution, gifting and/or trade with and of the product(s) on the Website. The Website and all content on the Website, including any current or future offer of product(s) or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. Meshuggah makes no warranty or representations as to the availability, accuracy or completeness of the content. Neither Meshuggah nor any affiliate(s) shall be responsible for any direct, indirect special, consequential and/or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the content or the Website or any functionality thereof, or of any linked website, even if Meshuggah is expressly advised thereof.
Leaving the Meshuggah website disclaimer:
If the Provider provides any link to a research website containing product or allergy information, this exit disclaimer indicates that upon the User clicking on such link, the User will leave the Meshuggah website and visit an external link, which external link may, or may not, have its own terms and conditions governing the browsing of said external link. External links to any informational websites are provided solely as a service to Users. External links provide additional information that may be of interest to Users. External links have no affiliation to the promotion, sale and/or use of Meshuggah’s Products. Meshuggah does not endorse the content in, or the companies, subsidiaries and/or affiliates represented on, any external links.
Privacy: casual surfing
The User may visit the website without providing any personal information. The website servers will in such instances collect the IP address of the User’s computer, but not the email address or any other distinguishing information. This information is aggregated to measure, inter alia, the number of visits, average time spent at the website, pages viewed. Meshuggah uses this information to determine use of the website, and to improve the content thereon. Meshuggah assumes no responsibility and is under no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.
Choice of Law
The Website is controlled, operated and administered from Meshuggah’s offices within the Republic of South Africa. Access to the Website from territories or countries where the content or use, consumption, storage, and/or trade of the products sold and/or advertised on the Website is illegal, is prohibited. The User may not use this Website in violation of South African export, or any other country/ies’ laws and regulations. If the User accesses this Website from locations outside of the Republic South Africa, the User is responsible for compliance with all their local laws. The Terms & Conditions shall be governed by the laws of the Republic of South Africa, and in the event of any dispute, the User consents to the jurisdiction of the High Court of the Republic of South Africa, Western Cape Division, Cape Town. Should any of the provisions of the Terms & Conditions are found by a Court with competent jurisdiction to be invalid or unenforceable, then in such event that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the Terms & Conditions, and the remainder of the Terms & Conditions shall continue to be of full force and effect. The Terms & Conditions constitute the entire agreement between Meshuggah and the User with regard to the use of the content and the Website and the use, consumption, storage, and/or trade of the Product(s).
Company Registration Number: 2014/093717/07.