Terms and Conditions
Terms & Conditions of Use of This Website
Our business is clear and transparent. Here’s how we work:
All references to “Shift Espresso bar”, “the Company”, “we”, “us” and “our” in these terms and conditions are deemed to refer to Shift Espresso bar Pty Ltd, registration number 2015/371466/07, VAT No 4650269345, a limited liability private company incorporated in the Republic of South Africa. All references to “The Group” or “Group” refer to Shift Espresso bar. All references to “you” and “your” are deemed to refer to any user and/or visitor of www.Shiftespresso.com (“Website”).
These terms and conditions (“Terms and Conditions”) govern your use of the website.
1. Acceptance of terms
1.1. The Group permits the use of this Website subject to the Terms and Conditions (“Terms and Conditions”). By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
2. Use of the Website
2.1. You may only use the Website if you are 18 years of age or older. If you are under 18, you may use the Website only with the involvement of your parent or legal guardian.
2.2. You agree that you will not use any device, software or other instrument to interfere or attempt to interfere with the proper working of this Website. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Company or representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
2.3. You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
2.4. You may not display, publish, copy, print, post or otherwise use the Website and/or the information contained therein for the benefit of any other website without the express prior written consent of an authorised Group representative.
3. Ownership and copyright
3.1. The contents of this Website, including any information, software, icons, text, graphics, layouts, images, sound clips, trade names, logos, trade marks and service marks are protected by law, including but not limited to copyright and trade mark law, and are owned by or licensed to the Group.
3.2. No license to or right in any of such contents is granted to or conferred upon you. Any unauthorised use, distribution or reproduction of the said contents is prohibited.
4.1. Any person who accesses this Website or relies on this Website or on the information contained in this Website does so at his or her own risk.
4.2. While the Group takes reasonable measures to ensure that the contents of this Website are accurate and complete, the Group makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of this Website or as to the accuracy, completeness or reliability of any information on this Website.
4.3. All information provided on this website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
4.4. The Group does not accept any responsibility for any errors or omissions on this Website.
4.5. In addition to the disclaimers contained elsewhere in these Terms and Conditions, the Group also makes no warranty or representation, whether express or implied, that the information or files available on this Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise or jeopardise the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way.
4.6. Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of the Group and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website
5. Linked third party websites
5.1. This Website may contain links or references to other websites (“Third Party Websites”) outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and the Group is not responsible for the practices and/or privacy policies of those Third Party Websites or the cookies that those sites may use.
5.2. Notwithstanding the fact that this website may refer to or provide links to third party websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
6. Gift Certificates & Coupons
The Group may make physical and/or electronic gift certificates or coupons (“Vouchers”) available on the Website from time to time.
6.1. Vouchers can only be redeemed –
6.1.1. while they are valid, their expiry dates being unable to be extended;
6.1.2. on the Website towards the purchase of The Group
6.2. Vouchers cannot –
6.2.1. be used to purchase other Vouchers;
6.2.2. be used towards purchases at any affiliate website/s be exchanged for cash or
6.2.3. be transferred or assigned to any other person once already partially redeemed towards a purchase.
7. Limitation of liability
7.1. THE Group SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL INJURY, LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, ANY MATERIAL OR CONTENT CONTAINED IN, OR INABILITY TO USE, AND/OR UNLAWFUL ACTIVITY ON, THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
7.2. YOU HEREBY INDEMNIFY THE GROUP AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
8. Changes to these Terms and Conditions
The Group reserves the right to update and/or amend the Terms and Conditions from time to time and without any notice, and you are accordingly encouraged to check the Website regularly. Any such change will only apply to your use of this Website after the change is displayed on this Website. If you use this Website after such updated or amended Terms and Conditions have been displayed on this Website, you will be deemed to have accepted such updates or amendments.
9. Availability and termination
9.1. We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserve the right to discontinue providing the Website or any part thereof with or without notice to you.
9.2. The Group may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that the Group will not be liable to you in the event that it chooses to suspend, modify or terminate this Website.
10. Governing Law
These Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
Terms & Conditions of Sales
1. Sale of Goods
1.1. These Terms and Conditions of Sale govern the sale of products (“Goods”) by the Group to you via the Website. The Terms and Conditions of Sale are in addition to the terms and conditions of use of the Website, which can be viewed at Terms & Conditions.
1.2. Once you tick the box labelled “I accept”, these Terms and Conditions of Sale form a legally-binding agreement between you and the Group. We will confirm all your purchase orders with you via email.
2. Agreements of Sale
2.1. Placing a product in a shopping basket / cart / virtual shopping bag or adding it to a wish list without completing the purchase cycle does not:
2.1.1. constitute an agreement of sale; and/or
2.1.2. constitute an order for such product,
2.1.3. and as such, the Group may remove such product from the shopping basket or wish list if stock becomes unavailable and you cannot hold the Group liable if such product is not available when the purchase cycle is completed at a later stage.
2.2. An agreement of sale only comes into effect if and when:
2.2.1. you electronically submit a properly completed order for one or more products in your shopping basket; and
2.2.2. payment is either authorised, or received by the Group in its bank account
3. Termination of Sales & Cancellation of Orders
3.1. The Group reserves the right, for purposes of preventing suspected fraud , to refuse to accept or process payment on any order, and/or to cancel any sale concluded between you and The Group, in whole or in part, on notice to you. The Group shall only be liable to refund monies already paid by you (see clause 7 for the Group Refund Policy in this regard), and accepts no other liability which may arise as a result of such refusal to process any order/sale.
3.2. For certain exceptions, and subject to certain charges, the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”) entitles you to cancel any sale concluded on this Website within 7 days after date of receipt of the goods and to obtain a full purchase price refund. You may also cancel a sale where delivery is delayed beyond the stipulated delivery date/timeframe (or where none is specified, beyond 30 days from the order date). Please refer to clause 8 for further details on The Group’s Return Policy.
4. Amounts payable by You
The price of each product is displayed with the product listing. In the event of a sale or special offer, the discounted price is displayed.
4.2. Delivery Charges:
Delivery charges differ depending on a variety of factors, including product type, price, and weight, as well as whether delivery is to be made within, or outside, the borders of South Africa.
4.3. Value Added Tax:
Value added tax at the rate of 15% is charged on goods bought by South African residents. VAT is not payable on orders if both the billing and the shipping address are international.
4.4. Import Duties:
Import duties may be payable by recipients of goods in foreign countries. The Group does not know what import duties/levies may be payable and cannot calculate or estimate such costs. You are responsible for determining whether any such import duties/levies are payable and, if so, the amount thereof.
The Group shall take all reasonable efforts to accurately indicate prices and delivery charges. However, should products be erroneously offered at incorrect prices and/or delivery charges, the Group will not be obliged to sell products at such incorrect prices and/or delivery charges, but shall refund monies paid by you should you not wish to proceed with the purchase at the correct price and/or delivery charge.
5.1. Payment for Goods can be made via the payment methods provided by our authorised payment solution providers PayFast (Reg. No. 2007/011558/07) These will be subject to the Payfast end user terms and conditions are available here: https://www.payfast.co.za/c/std/end-user-agreement.
6.2. However, due to the nature of the Internet, we cannot guarantee that your communications will be free from unauthorised access by third parties. Accordingly, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES ARISING FROM THIRD PARTIES’ UNAUTHORISED ACCESS OF YOUR DATA.
7. Cancellation and Refund
7.1. The Group reserves the right, for purposes of preventing suspected fraud , to refuse to accept or process payment on any order, and/or to cancel any sale concluded between you and The Group, in whole or in part, on notice to you. The Group shall only be liable to refund monies already paid by you, and accepts no other liability which may arise as a result of such refusal to process any order/sale.
7.2. For certain exceptions, and subject to certain charges, the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”) entitles you to cancel any sale concluded on this Website within 7 days after date of receipt of the goods. In such an event:
– you will receive credit on the Website to the full value of the purchase price less shipping costs within 30 days of the date of cancelling this agreement;
– you undertake not to utilize and open the Goods, and
– you will have to bear the shipping cost.
7.3. You may also cancel a sale where delivery is delayed for more than 7 days from the stipulated delivery date/timeframe (or where none is specified, beyond 30 days from the order date). Please read clause 8, the Return Policy, for further details in this regard.
8.1. Goods may be returned only when damaged or if the product supplied is not the same product as what was ordered.
8.2. Damaged goods
8.2.1. must be immediately reported via e-mail to Luigi@shiftespresso.com, within 24 hours of delivery,
8.2.2. when the product is received in a damaged condition from the courier it should be clearly noted on the POD (“Proof of Delivery”).
8.3. If the Goods are not the same as what was ordered this must be reported via e-mail to Luigi@shiftespresso.com within 24 hours of delivery.
8.4. If the Goods have been approved for return, we will notify you and either arrange for our couriers to collect the item from you or request that you post it back to us or ask you to return the item to our current warehouse location, dependent on your original order’s shipping method. Should you need to post the Goods to us please only send it to our postal address (available under Contact and Address Details click here ) and you will be credited or refunded for the postage costs incurred, up to a maximum of the whatever the current Group Postal Delivery rate is
8.5. If you are returning Goods via courier or post office please package it carefully so that it does not become damaged en route. Please include the Returns Request Number and a copy of your original invoice with any return.
9.1. If any party (“Defaulting Party”) breaches any of these terms and conditions and fails to remedy such breach within 14 (fourteen) days of receipt of notice to remedy the breach, the aggrieved party shall be entitled to claim specific performance or to cancel this agreement forthwith upon written notice to the defaulting party, in either case without prejudice to its right to recover such damages as it may have suffered as a result of the Defaulting Party’s breach.
10. Governing law and jurisdiction
10.1. Our relationship and/or any dispute arising from or in connection with these terms and conditions of sale shall be governed by the laws of the Republic of South Africa. You agree to be subject to the exclusive jurisdiction of the South African courts.
11.1. You may not cede, assign or otherwise transfer your rights and obligations in terms of these terms and conditions of sale to any third party.
11.2. Any failure on the part of you or the Group to enforce any right in terms hereof shall not constitute a waiver of that right.
11.3. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
11.4. No variation, addition, deletion, or agreed cancellation of these terms and conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
11.5. No indulgence, extension of time, relaxation or latitude which any party (“the grantor”) may show grant or allow to the other (“the grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.