1 Website Terms and Conditions of use

1.1 This document sets out the terms and conditions (“the terms”) of WELL I AM ORGANICS (“the Business”) pertaining to the access and use of the information, products and services provided on www.welliamorganics.com (“the website”);
1.2 Should any person (the “Consumer”) who access the website disagree with any of the terms, such Consumer must refrain from accessing the website any further and/or purchasing any products from the Business;
1.3 Any Consumer under the age of 18 (eighteen) years, must obtain his/her parents’ or legal guardians’ advance authorization, permission and consent to be bound by these terms before using this website;
1.4 The Business reserves the right, in its sole discretion, to amend and/or replace any of, or the whole of, the terms. Such amendments shall supersede and replace any previous terms and shall be made available on the website. Each time a Consumer accesses the website and/or purchases any products, the Consumer shall familiarise him/herself with the terms and shall be deemed to have consented, by such access and/or purchase, to the terms, as amended and/or replaced by the Business from time to time;
1.5 The Business will give prior notice where personal information was collected from the Consumer and the purpose for which that information was collected, is affected by the intended amendment;

2 General Disclaimer
2.1 The Business will make reasonable efforts to ensure that the information made available on the website is accurate, complete and current. However, the Business makes no specific representations or warranties, whether express or implied, as to the accuracy, completeness or reliability of any information and/or content on the website.
2.2 The information provided on the website is for general purposes only and the Consumer’s reliance thereon is at own risk.
2.3 The information made available and products sold on this website is not intended to constitute or provide medical care/advice or to treat/cure any medical conditions or diseases. It is the Consumer’s responsibility to consult medical professionals regarding the evaluation of any information made available or products sold on this website.
2.4 The Business does not warrant that the website or information or downloads shall be error-free or that they shall meet any particular criteria of performance or quality. The Business expressly disclaims all implied warranties, including without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, compatibility and accuracy;
2.5 Whilst the Business has made reasonable efforts to ensure the integrity of the website and its contents, no warranty, whether express or implied, is given that the website’s functions will be uninterrupted or error-free, or that the website or its server is free from viruses or other harmful components.

3 Content of the website
3.1 The Business reserves the right to make improvements, to change or to discontinue, without notice, any aspect or feature of the website and any information or content on the website;
3.2 The Business reserves the right to change and amend the products offered/sold on this website from time to time without notice;
3.3 The Business may use the services of third parties to provide information on the website in which instance the Business has no control over this information and makes no representations or warranties of any nature as to its accuracy, appropriateness or correctness. The Consumer agrees that such information is provided “as is” and that the Business and its online partners shall not be liable for any losses or damages that may arise from the Consumer’s reliance on it, howsoever these may arise;

4 Linked third party websites and third party content
4.1 The Business may provide links to third party websites on the website. These links are provided to the Consumer for convenience purposes only and the Business does not endorse, nor does the inclusion of any link imply the Business’s endorsement of such websites, their owners, goods, products, resources, content or any other transactions made in connection with third party websites;
4.2 While the Business tries to provide links only to reputable websites or online partners, the Business cannot accept responsibility or liability for the information provided on other websites. Linked websites or pages are not under, nor subject to, the control of the Business. The Business is not responsible for and gives no warranties or makes any representations in respect of the privacy policies or practices of linked or any third party or advertised websites on the website;
4.3 The Business shall not be held liable, directly or indirectly, in any way for the content, the use or inability to use or access any linked website or any link(s) contained in a linked website, nor for any loss or damage of any sort incurred as a result of any dealings with, or as the result of the presence of such third party linked websites on the website. Any consequent dealings a Consumer may have with any linked websites, including advertisers found on the website, are solely between the Consumer and the third party website.

5 MODIFICATIONS TO PRICES AND AVAILABILITY OF PRODUCTS
5.1 The Business reserves the right to change the prices of the products sold on the website without notice. The Business shall not be liable to the Consumer or any third party for any modification, price change, suspension or discontinuance of the products sold.
5.2 The Business reserves the right to limit the quantities of any products available and to limit the sale of the products to any person, geographic region or jurisdiction.
5.3 The Business reserves the right to limit or prohibit orders that, in the Business’ sole discretion, appear to be placed by dealers, resellers or distributors.

6 Billing and account information
6.1 The Consumer agrees to provide the most recent and accurate billing and account information for all purchases made on the website and to promptly update the billing and account information in the event of any changes, including but not limited to changes in the Consumer’s email address, billing address, credit card numbers and expiration dates.
6.2 It is the Consumer’s responsibility to ensure and verify that the banking details of the Business is current, complete and accurate before making a payment via EFT (electronic funds transfer) or a direct deposit. The Business shall not be liable for any mistake made by the Consumer in this regard, including any fraudulent schemes or activities by third parties.

7 Shipping and Delivery
The Business reserves the right to change, update or amend the shipping/delivery costs without notice. The shipping/delivery costs and any additional charges applicable to an order will be determined and communicated to the Consumer during checkout and must be paid when an order is placed. The shipping/delivery costs will be calculated after the Consumer has provided the necessary information, including but not limited to, the delivery address and the preferred delivery timeline.

8 RETURN POLICY
8.1 The Consumer does not have a general right to return any products and in particular cannot return products due to a change of heart, including but not limited to the taste, flavour or appearance of the products.
8.2 No refunds/returns will be given/allowed for any orders delivered to an address outside of the Republic of South Africa.
8.3 The Consumer has the right to return products under the following circumstances:
8.3.1 If the Consumer receives an incorrect order, the Consumer must notify the Business within 7 (seven) business days as from the delivery date of such incorrect order and provide the Business with a proof of purchase. The Business will arrange for a courier service to collect the incorrect order from the Consumer at a specified address, at the Business’ expense. The products should be returned to the Business in the original packaging, in the original condition, undamaged, unused and sealed.
8.3.2 If the Consumer receives products that are defective, including but not limited to products that are not fit for a specific purpose as communicated to the Business, products that have expired at the time of delivery or products that have a production problem, the Consumer must notify the Business within 7 (seven) business days as from the delivery date of such defect and provide the Business with a proof of purchase. The Business will arrange for a courier service to collect the defective products from the Consumer at a specified address, at the Business’ expense. The products should be returned to the Business in the original packaging, in the original condition, undamaged and unused.
8.3.3 If the Consumer receives damaged products which were likely damaged in transit, the Consumer must notify the Business of the damaged products within 7 (seven) business days as from the delivery date of such damages and provide the Business with a proof of purchase. The Consumer must arrange for a courier service to deliver the damaged products to the Business at the Business’ address, at the Business’ expense. The products should as far as reasonably possible be returned to the Business in the original packaging, in the original condition, unused and sealed.
8.4 The Business shall at all times make use of a reputable, fully tracked and fully insured courier service. The Business will not be responsible for any loss and/or damages suffered by the Consumer due to products in transit by an alternative courier service if such courier service is appointed by the Consumer.
8.5 The return procedure is as follows:
8.5.1 Because the satisfaction of and service to the Consumer is a number one priority, the Consumer can notify the Business by e-mail of any return as contemplated in clause 8.3 above.
8.5.2 Once the Business has received the products as contemplated for an order in clause 8.3, an e-mail notification will be sent to the e-mail address provided by the Consumer to confirm that the products have been received by the Business.
8.5.3 The Business will inspect the products received and determine, at the Business’ discretion, whether the products are in fact incorrect, defective or damaged.
8.5.4 If the incorrect products were delivered to the Consumer, or the products delivered were defective, the Business will send replacements of the incorrect or defective products to the Consumer at a specified address at the Business’ expense.
8.5.5 If the Consumer received damaged products due to the products being damaged in the delivery transit, the Business will send replacements of the damaged products to the Consumer at a specified address at the Business’ expense.
8.5.6 If the Business found, at the Business’ discretion, that the products delivered to the Consumer was not incorrect, defective or damaged, the Business will send the same products back to the Consumer to a specified address at the Consumer’s expense.
8.6 If it is not possible for the Business to send the Consumer replacement products as contemplated in clauses 8.3 or 8.5, the Business will credit the Consumer’s account with an amount equal to the price paid by the Consumer for the returned products. The full amount so credited to the Customer’s account will as soon as possible be paid back to the Consumer via an Electronic Funds Transfer, in accordance with the banking details provided by the Consumer.

9 PRIVACY POLICY
9.1 The Consumer’s submission and the Business’ collection, use and sharing of personal information through the website is governed by our Privacy Policy which can be viewed here.

10 Risk, limitation of liability and indemnity
10.1 The Consumer’s use of the website and the information contained on the website is entirely at the Consumer’s own risk and the Consumer assumes full responsibility and risk of loss resulting from the use thereof;
10.2 The transmission of information via the internet, including without limitation e-mail, is susceptible to monitoring and interception and the Consumer shall bear all risk of transmitting information in this manner. The Business shall not be liable for any loss, harm, or damage suffered by the Consumer as a result thereof. The right to request independent verification of any information transmitted via e-mail and the Consumer consents to such verification is explicitly reserved by the Business if deemed necessary.

11 Compliance with section 43(1) of ECT Act
In compliance with Section 43(1) of the ECT Act, the following is noted:

11.1 Full name: WELL I AM ORGANICS
11.2 Registration number:
11.3 Physical address: Section 101 of 5 no 203 Barrington Road, Elandskraal Sedgefield 6573
11.4 Fax number:
11.5 Telephone number: 0734081573
11.6 Website address: www.welliamorganics.com
11.7 E-mail address: info@welliamorganics.com
11.8 Names of office bearers:
11.9 Registered at

12 Compliance with laws
The Consumer shall at all relevant times comply with all applicable laws, statues, ordinances and regulations pertaining to the use of and access to this website, in particular the Consumer Protection Act No. 68 of 2008 and the Electronic Communications and Transactions Act No. 25 of 2002.

13 Notices
13.1 Except as explicitly stated otherwise, any notices shall be given by email to the Business at its given e-mail address or to the Consumer at the e-mail address provided to Business or such other address that has been specified. Notice shall be deemed given 48 (forty eight) hours after an email is sent, unless the sending party is notified that the email address is invalid.
13.2 The Consumer acknowledges that all agreements, notices or other communication required to be given in terms of the law or these terms may be given via electronic means and that such communications shall be “in writing”.
13.3 Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at its chosen address(es) for that purpose.

14 General clauses
14.1 These terms shall be governed in all respects by the laws of the Republic of South Africa as such laws are applied to agreements entered into and to be performed within South Africa;
14.2 This website is controlled, operated and administered by the Business from its offices within the Republic of South Africa. The Business makes no representation that the content of the website is appropriate or available for use outside of South Africa. Access to the website from territories or countries where the content of the website is illegal is prohibited.
14.3 Consumers may not use this website in violation of South African export laws and regulations. If the Consumer accesses this website from locations outside of South Africa, such Consumer is responsible for compliance with all local legislation;
14.4 If any provision of these terms is held to be illegal, invalid or unenforceable for any reason, such provision shall be struck out from these terms and the remaining provisions shall be enforced to the full extent of the law;
14.5 The Business’s failure to act with respect to a breach by any Consumer or any third party, does not constitute a waiver of the Business’s right to act with respect to subsequent or similar breaches;
14.6 The Consumer shall not be entitled to cede any rights or assign any rights or delegate any obligations in terms of these terms to any third party without the prior written consent of the Business;
14.7 No party shall be bound by any express or implied term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not;
14.8 The entire understanding and agreement between the Consumer and the Business with respect to the subject matter hereof, is contained in these terms.