TERMS OF SERVICE
By using the Gia’s Kitchen website you acknowledge and agree to all the terms and conditions listed below. Use of this website includes placing orders or any other service Gia’s Kitchen may offer.
If you are using our website on behalf of any person or entity, you represent and warrant that you are authorised to accept our terms on such person or entity’s behalf and that such person or entity agrees to be responsible to us if you or such person or entity violates these terms.
Gia’s Kitchen reserves the right to change or modify these terms at any time and in our sole discretion. If we make changes to these terms, we will provide notice of such changes, such as by sending an email notification or providing notice through our website.
If Gia’s Kitchen reasonably believes that you are providing untrue, inaccurate or incomplete information, we may choose to cancel your order or to suspend or terminate your user account.
- PRICING AND AVAILABILITY
1.1. You agree that because of the nature of the Internet, our online shopping service is provided on an “as is” and “as available” basis. We are not liable to you if we are unable to supply a particular item but will endeavour to deliver a substitute line where possible.
1.2. Gia’s Kitchen may modify or discontinue meals from time to time, whether permanently or temporarily, any or all of its services or products with or without any notice.
1.3. As such, we shall not be liable to you nor to any third party for any such modification or discontinuance of our services or products.
1.4. All prices are shown in South African Rand and are inclusive of VAT. Gia’s Kitchen reserves the right to adjust prices as we may determine in our sole discretion, at any time and without notice.
1.5. All of our products are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order, to discontinue offering certain products and to substitute products (including, but not limited to, specific meal ingredients or entire meals) without prior notice.
1.6. We strive to provide you with high-quality meals and given the perishable nature of certain products and market conditions beyond our control, we may be required to make substitutions from time to time.
2.1. By creating a Gia’s Kitchen user account, you also consent to receive electronic communications from Gia’s Kitchen (e.g. via email or by posting notices to our website).
2.2.These communications may include notices about your account (e.g. payment authorisations, password changes and other transactional information) and are part of your relationship with us.
2.3.Gia’s Kitchen may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you.You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided on our website.
- PLACING OF ORDERS
3.1. Any orders that you place will be by way of transaction via the Gia’s Kitchen website or via email.
3.2. No telephonic order, WhatsApp or via our social media pages will be processed.
3.3. We cannot and do not take responsibility for orders placed by us and therefore it is our company policy for customers to place their own orders online to avoid confusion. We have however taken into account that filling out your details may be time consuming and would suggest that you open a user-account on our website in order to have all your details pre-populated when you place an order.
4.1 Orders for door-to-door delivery should be paid via our payment methods provided on the Gia’s Kitchen website and all payments are made through the Peach Payments Portal. Payment should be made prior to the arranged delivery date and Gia’s Kitchen reserves its rights to withhold any delivery against any further required information or payment. No cash payments will be accepted.4.2. An EFT payment will be required for any orders made via email and a proof of payment will need to be sent to [email protected] within 24 hours of the arranged delivery date. Gia’s Kitchen reserves its to rights to withhold any delivery against any further required information or payment.
- DELIVERY & RETURNS
5.1 Deliveries will be made to the delivery address supplied when completing your online order. If delivery to an alternative address is required, please notify us immediately via email by replying to your order invoice.
5.2. On completion of your order, you will receive an email confirmation specifying the date and time-window (between 09h00 and 12h00 or 13h00 and 16h00) of your delivery.
5.3. In the event that no one is at home during the delivery period, we will return your frozen meal to our kitchen. We will attempt to deliver it to your specified address again as part of the next available delivery schedule. Please note that an additional delivery charge will be applicable should this be the case.
5.4. Gia’s Kitchen reserves the right to charge a delivery fee equivalent to the initial delivery fee if re-delivery is required. If you are not available during the communicated delivery times for an order that qualifies for free delivery, you will be charged a delivery fee relevant to your selected delivery area (as per our website rates) to make re-delivery possible.
5.5. Any individual at the delivery address who accepts a delivery from us, is presumed to be authorised to receive such delivery. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all of the same Terms and Conditions that would apply had you accepted the delivery yourself.
6.1. If for any reason you need to cancel an order, you can do so by contacting us via email at [email protected] within 24 hours of placing your order and not less than one clear day business day prior to the anticipated day of delivery.
6.2. . If an order is cancelled for which payment has already been made, Gia’s Kitchen will keep the balance as a credit for you to use against future purchases. No refunds will be made.
7.1. Although we will offer you the best service we possibly can, we make no promise that our online shopping services will entirely meet your requirements, or that the service will be uninterrupted, timely, or error free.
- DISCLAIMER, WAIVER AND RELEASE OF LIABILITY
8.1. Apart from the provisions of the Electronic Communications and Transactions Act, neither Gia’s Kitchen nor any of its directors, shareholders, employees, consultants, contractors, or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use the Gia’s Kitchen website or the services, products or content provided from and through our website. Furthermore, Gia’s Kitchen makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this website are free from errors or omissions or that the service will be 100% uninterrupted and error-free. Users are encouraged to report any possible malfunctions and errors to us by emailing us at [email protected].
8.2. Our website is supplied on an “as is” basis and has not been compiled or supplied to meet the user’s individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with Gia’s Kitchen that the service available from and through our website will meet the user’s individual requirements and be compatible with the user’s hardware and/or software.
8.3. Information, ideas and opinions expressed on our website should not be regarded as professional advice or the official opinion of Gia’s Kitchen and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on our website. Neither Gia’s Kitchen nor any of its representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product sold on this website.
8.4. You are solely responsible for, and assume all risks related to, the proper storage, heating and consumption of the products you receive from us. You are also solely responsible for knowing about any food allergies your baby, yourself or your family or others may have, and verifying the products and their contents before consuming same
8.5. Further, you understand, acknowledge and agree that we store, prepare and package products containing, or that may have been in contact with major allergens such as Cow’s Milk, Nuts and Wheat (Gluten) all of which are used in our kitchen. We manage them through a strict allergen management programme. The allergens are clearly listed when selecting the meals in each category. We cannot however guarantee that cross-contamination will not occur between products.
8.6. By purchasing, ordering, ingesting, or utilising any products manufactured or sold by Gia’s Kitchen, you do so entirely at your own risk.
8.7. Although Gia’s Kitchen endeavours to maintain certain standards and to ensure that the quality of its products is of an acceptable standard, this cannot be guaranteed.
8.8. Although Gia’s Kitchen endeavours to ensure that any shells, pips or other food scraps or casings are thrown away and kept separately from our finished products, we cannot however guarantee this and therefore will not be liable for any claim and/liability which may arise as a result thereof, whether directly or indirectly, howsoever arising.
8.9. By using this website and/or purchasing, ingesting or utilising any products sold and/or distributed by Gia’s Kitchen, you release and hold harmless Gia’s Kitchen as well as its directors, shareholders, employees, consultants, contractors and representatives from any claims and /or liability which may arise as a result thereof, whether directly or indirectly, howsoever arising.
8.10. Gia’s Kitchen shall have no liability in respect of any injury, loss or damage (direct, indirect or consequential) arising out of the use of, or inability to use, the goods and whether or not occasioned by Gia’s Kitchen’s negligence (gross or otherwise) or any act or omission on its part.
- LICENSE TO ACCESS, USE OUR SITE AND CONTENT
9.1. Unless otherwise indicated in writing by us, our website and all content and other materials contained therein, including, without limitation, Gia’s Kitchen logo, strapline and all design elements, text, graphics, photography and information with regards to our products, product names and meal categories are the proprietary property of Gia’s Kitchen or our licensors or users, as applicable, and are protected by South African and International copyright laws.
9.2. You are hereby granted a limited, non-exclusive, non-transferable, license to access and use our website and content. Any use of our website or content other than as specifically authorised herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorised use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes.
- GENERAL INFORMATION
10.1 Gia’s Kitchen reserves the right to terminate your ability to use any of our services if your conduct is found to be inconsistent with our Terms and Conditions.
10.2. Gia’s Kitchen shall not be responsible for any breach of these conditions caused by circumstances beyond its control. If Gia’s Kitchen is informed of any inaccuracies in the information of our website we will attempt to correct the inaccuracies as soon as reasonably possible.
11.1. You agree to indemnify, defend and hold harmless Gia’s Kitchen our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, shareholders, interns 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 of Service or the documents they incorporate by reference, or the use of any services provided by Gia’s Kitchen or your violation of any law or the rights of a third-party.
12.1. In the event that any provision of these Terms of Service 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 of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
- ENTIRE AGREEMENT
14.1. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
14.2. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
14.3. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
- GOVERNING LAWS
15.1. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of The Republic of South Africa.