Terms & Conditions

GENERAL TERMS AND CONDITIONS

Welcome to the Velvet Cake Co. website (www.thevelvetcakeco.com) (hereinafter “the website”). The terms and conditions contained on the website will govern your use. Additional terms and conditions apply to online shopping which can be found below.

By using and/or purchasing goods through this website, you (“the user”) acknowledge that you have read and understood these terms and conditions and agree that you are bound by them. If you do not agree to these terms and conditions please do not use our website.

Should you have any questions regarding our general or online shopping terms and conditions you can contact us via email at online@thevelvetcakeco.com or order@thevelvetcakeco.com

INFORMATION

In terms of the Electronic Communications and Transactions Act 25 of 2002 we must make certain information available to the users on our website which is provided below. A copy of this Act is also available at http://www.saflii.org/za/legis/consol_act/ecata2002427/.

OWNER OF THE WEBSITE: THE VELVET CAKE CO.

This website is owned and operated by The Velvet Cake Co (Pty) Ltd (“The Velvet Cake Co.”) a private company registered in the Republic of South Africa under the registration number 2012/064587/07 which has its registered. This sole director of The Velvet Cake Co. is Jandri Bester.

CONTACT DETAILS

The Velvet Cake Co. has its physical address and chosen domicilium citandi et executandi (service address for legal proceedings) at 10 Bella Rosa Street, Rosenpark, Bellville.

The Velvet Cake Co. can be contacted via email at order@thevelvetcakeco.com.

The Velvet Cake Co. can be contacted telephonically at 021 914 0482.

MAIN BUSINESS OF THE VELVET CAKE CO.

The Velvet Cake Co. is a local cakery providing baked treats including but not limited to cakes and cupcakes.

PRICES OF GOODS OFFERED

Prices (inclusive of all taxes, fees and costs) of all standard items can be found on the website by clicking on the specific good on the homepage of this website and by following the instructions.

CODE OF CONDUCT

Not applicable

MEMBERSHIP TO SELF-REGULATORY OR ACCREDITATION BODY

Not applicable

MANNER AND PERIOD WITHIN WHICH YOU CAN ACCESS A RECORD OF YOUR TRANSACTION

Full details of your transaction will be provided to you in writing via email after your order has been finalised.

ALTERNATIVE DISPUTE RESOLUTION CODE

Not applicable.

PRIVACY & SECURITY OF INFORMATION

We respect your constitutional rights to personal privacy and privacy of communications.
Any private information (e.g. personal, credit card and contact numbers) provided by the users shall only be used for their own needs, will not be sold or made known to third parties without the their consent or unless we are compelled by law to do so and will be kept in the strictest confidence.
Due to information travelling through the internet, we cannot guarantee the absolute security of the protection of your information, however we undertake to ensure that all reasonable efforts are taken that any information provided by you remain protected from third parties.

SECTION 44 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002

Not applicable in terms of Section 42 of Act 25 of 2002.

REVIEW, CORRECT & WITHDRAW

The user shall have the opportunity to review the entire electronic transaction and/or to correct any mistakes and/or withdraw from the transaction 48 hours prior to confirmation of placement of the order.

DISCLAIMER AND EXCLUSION OF LIABILITY

The use of our website is at own risk and save from our liability to you in terms of the Consumer Protection Act 68 of 2008 and the Electronic Communications and Transactions Act 25 of 2002, the Velvet Cake Co. or any representative of the Velvet Cake Co. shall not be liable to you for any damage (including consequential damages), loss or liability of any nature arising out of the use of this website or the services or content provided from and through the website.

The Velvet Cake Co. makes no representations or warranties of any nature, e.g. express, tacit or implied that the functions and working of the website will be free of error or omissions or that the website or server is free of errors.

The user of this website agrees to indemnify The Velvet Cake Co. against any loss or damage suffered or liability incurred by reason of any act or omission on the part of the user, as permitted by the laws of the Republic of South Africa, in connection with the use of the website and/or the purchase of any goods through the website.

TERMS AND CONDITIONS: UPDATES AND AMENDMENTS

The terms and conditions may be amended by us. These updates and amendments will immediately be effective at time of posting thereof on the website. The user should check the website for any updates from time to time and the continued use of the website shall be considered as acceptance to abide by the amended terms of conditions.

INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights including but not exhaustive in literary (text, brochures, product specifications, electronic books), artistic works (photographs, drawings and other graphic works), music works (sounds, songs and melodies), sound recordings (recordings of music), cinematograph films (videos) and computer programs currently on the website are owned by or licensed to the Velvet Cake Co.
These rights are protected by the laws of the Republic of South Africa and may not be used without the Velvet Cake Co.’s prior written consent. Unauthorised use, reproduction or distribution of any content on our website is an infringement of our intellectual property rights.

CHOICE OF LAW & JURISDICTION

The terms and conditions of this website is governed by the laws of Republic of South Africa and the user consents to the jurisdiction of the Magistrate’s Court should a dispute arise.
If any term or condition is found to be contrary to any rule, act or regulation of the laws of the Republic of South Africa such provision shall still be applied to the maximum extent which is permitted by the law. In the event that a provision is in its entirety unenforceable such provision shall be severed from the specific transaction and the remainder of the terms and conditions shall have full legal force and effect.

ONLINE SHOPPING TERMS AND CONDITIONS

ELECTRONIC COMMUNICATIONS

By using this website or when sending emails to The Velvet Cake Co. the user consents and acknowledges that all agreements, notices, disclosures and any other communications satisfies all legal requirements.

FORMATION AND VALIDITY OF AGREEMENT

1.1 A binding agreement is concluded with full legal force and effect between the user and The Velvet Cake Co. at the place and at the time and date that the Velvet Cake Co. receives the user’s order via an electronic data message on its server. Thereafter the agreement can only be cancelled with the Velvet Cake Co.’s consent.

1.2 An electronic signature is not required to conclude an agreement with The Velvet Co.

1.3 An acknowledgement of receipt of the user’s order may be sent to the user by The Velvet Cake Co, but is not a requirement for the conclusion of the agreement.

RISK AND OWNERSHIP

Risk in the products shall pass to the user or their representative on collection thereof. The Velvet Cake Co. will however remain owner of the product until full payment has been received.

METHODS OF PAYMENT

The Velvet Cake Co. accepts payments made by any Visa or MasterCard card, Electronic transfer from any of the major South African banks, as well as with Snapscan.

All payments made by card will be deemed to have been paid with immediate effect.
Through submitting your order and card details you warrant that you are authorised to make the payment and that sufficient funds are available to pay for your order.

WHEN WILL THE GOODS BE AVAILABLE FOR COLLECTION?

All online orders must be made 48 hours in advance prior to collection of the goods, which must be collected by the user at the physical address of The Velvet Cake Co. being 10 Bella Rosa Street, Rosenpark, Bellville or 16 Loop street, Cape Town CBD.

DEFECTS, RETURNS, GUARANTEES AND REFUNDS

We cannot guarantee that all goods featured on this website will always be available. If you are dissatisfied with goods purchased from our website you may return it to the Velvet Cake Co.’s physical address where a representative of the Velvet Cake Co. must be afforded an opportunity to observe and inspect the goods in question, whereafter the Velvet Cake Co. will in their discretion offer the user a refund, replacement or exchange.

FOOD ALLERGIES

Velvet Cake Co makes every attempt to identify ingredients that may cause an allergic reaction for those with food allergies. However there is always risk of contamination as in our bakery we use products such as milk, eggs, gluten, peanuts, other nuts and seeds. Although we have strict cross contamination policies; we cannot guarantee a total absence of these items in any of our products. Customers with food allergies must be aware of this risk. Velvet Cake Co. will not assume any liability for adverse reactions from the food consumed, or items one may come in contact with whilst eating any products.