Welcome to MINNIES!
These Terms and Conditions (“Terms”) govern any business done or interaction with MINNIES FOOD ENTERPRISE CC (“Minnies”, “we”, “us” or “our”) on or through our web site, www.minnies-online.co.za (the “Site”) on any device.
The Site is provided as a service to our customers. These Terms govern your use of the Site and any business done or interaction with Minnies using the Site. By using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use or access the Site. Your use of the Site constitutes your agreement to follow and be bound by these Terms.
These Terms and your use of the Site are governed by the laws of SOUTH AFRICA, without regard to any conflict of law provisions. The courts of South Africa will have exclusive jurisdiction over any and all disputes arising out of, relating to, or concerning any business done on these Terms and/or any business done or interaction with the Site.
We reserve the right to update or modify these Terms at any time without prior notice by publishing a revised version on the Site. We encourage you to review the Terms whenever you use or access the Site.
By continuing to use the Site after the effective date of any update or modification to these Terms, you agree to be bound by the update or modified terms.
Minnies may assign its rights and duties under these Terms to any person at any time without notice to you.
By accepting these Terms, you certify that you are 18 years old or older. If you are under the age of 18, you may use this website only under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
Content Permission & Restrictions
Unless otherwise noted, the copyright, trademarks, design rights and other intellectual property rights arising out of or subsisting in, the design of the Site, data, text, photographs, videos, audio clips, written posts, articles, comments, software, scripts, graphics, and interactive features that are part of the Site (collectively, “Content”) areowned, controlles or licensed to us. The Content is intended solely for your personal and non-commercial use. No right, title, or interest in any Content is granted or transferred to you due to your use of the Site.
Certain parts of the Site that allow you to share Content on social media platforms grant you a limited license to display the Content as directed, and you understand that you have no other right, or interest in or to the Content.
Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, sell, or participate in any sale of any of the Content or the Site. Your misuse of the Content in any manner (whether specified in this paragraph or not), may amount to a contravention of South African law and Minnies reserves its rights to hold you liable for such contravention.
On-site Information Accuracy
We try to ensure that information on the Site is complete, accurate, and current. However, information on the Site may occasionally be inaccurate, incomplete, or out of date. All specifications, products, descriptions, and prices of products on the Site are subject to change at any time without notice. We also try to accurately display the attributes of our products, including the applicable colours. However, the actual colour you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colours. We do not warrant the accuracy or completeness of the information, content, or materials provided through the Site.
The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. We reserve the right to discontinue any product or service at any time.
When an order is placed, it will be shipped to an address designated by you as long as that shipping address is compliant with the shipping restrictions contained on the Site. We use a third-party shipping agent to ensure the delivery of your purchased products.
Regardless of the effort we put in to meet all delivery deadlines, we do not warrant that delays may not happen because of carrier delays, logistics, or bad weather.
By purchasing on the Site or otherwise creating an account on the Site, you understand that we may send you communications or data regarding our products and services. You agree to receive such communications from us.
Unless such email is necessary to facilitate a transaction, such as to complete a sale or provide you with information related to a purchase, we will give you the opportunity to opt-out of receiving these commercial emails from us by following the opt-out instructions provided in such message(s). Opting out may prevent you from receiving email messages regarding special offers, improvements, or other updates.
You also agree that all notices, disclosures, agreements, and other communications that we provide to you by email satisfy any legal requirement that such communications be in writing. Your consent to receive communications and do business by email, and our agreement to do so, applies to all of your interactions and transactions with Minnies.
Please keep us informed of any changes in your email address so you may continue to receive our communications without interruption.
When you place an order, you should receive an acknowledgement e-mail confirming receipt of your order.
We only accept your order once payment has been approved and we have debited the payment card (and then the contract is made based on these terms).
We reserve the right, without prior notice, to limit the order quantity on any product and/or to refuse service to any customer. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
We also may require verification of information prior to the acceptance and/or shipment of any order.
Compliance and Availability
The products sold through the Site are sold in accordance with SOUTH AFRICAN laws and regulations. If you are a non-SOUTH AFRICAN based user, be advised that other countries may have laws, regulatory requirements, and product safety requirements that are different than those in SOUTH AFRICA.
Product availability on our Site is not guaranteed as we may be low in stock. If a product is not available by the time your order is processed, we will notify you of this via e-mail. You will receive a shipping confirmation e-mail once your items have been shipped.
We allow users to post comments, suggestions, ideas, materials, and other submissions (“User Comments“) on our social media pages. These User Comments are provided on a non-confidential basis and, by submitting User Comments, you are granting us an irrevocable and unrestricted license to fully exploit such User Comments. You agree that no User Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary rights. You further agree that no User Comments submitted by you to the Site will be unlawful, abusive, or obscene. You are and shall remain solely responsible for the content of any User Comments you make.
Although User Comments may be posted on the Site, the posting of those submissions does not constitute our endorsement of such User Comments. We are not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, consequential, or punitive damages, personal injury, or wrongful death made in connection with User Comments. We reserve the right to remove any User Comments that we deem to violate the above.
Links to Third Party Site
The Site may include links to other websites maintained by third parties. These links are provided to you solely as a convenience. Your access to these third party websites is at your own risk, and we will have no liability arising out of or related to such websites or your access to or use of such websites.
Prohibited Uses of Site
You understand and agree not to (i) post, transmit, redistribute, upload, or promote any communications or content that could harm or negatively impact our business, products, or services; (ii) act in a manner or employ any device that restricts, impairs, interferes or inhibits any other user from using or enjoying the Site, or which impacts the security of the Site, or (iii) employ any device or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation spiders, bots, crawlers, avatars or intelligent agents) to navigate or search the Site, or to copy content from the Site.
Registration, Accounts, and Passwords
You are responsible for the personal protection and security of any password or username you may use to access the Site. You are responsible for all activity conducted on the Site that can be linked or traced back to your username or password. You are obligated to immediately report a lost or stolen password or username to our Customer Service.
If you believe someone has used your password or account without your authorization, you must notify Customer Service immediately. We reserve the right to access and disclose any information, including user names of accounts, and other information to comply with applicable laws and lawful government requests.
Disclaimer of Warranty & Limitation of Liability
YOUR USE OF THE SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS, CONTENT, AND SERVICES PROVIDED ON OR THROUGH THE SITE ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WITH RESPECT TO OUR PRODUCTS, THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE MERCHANDISE CONTAINED ON OUR ORDER CONFIRMATION. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF WE ARE EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold us, our directors, officers, employees, agents, affiliates, and subsidiaries harmless from and against any and all claims, damages, costs, and expense, including attorney fees, arising from or related to your use of this Site or breach of these Terms.
If the customer asserts any controversy, claim, action, or dispute, the customer shall first try to settle such dispute by providing written notice to Minnies by email describing the facts and circumstances (including any relevant documentation) of the dispute and allowing Minnies 30 business days from the date of receipt of the email to respond to the dispute. Notice shall be sent to: MINNIES [email@example.com].
Unless you indicate otherwise in your notice, Minnies shall respond to your notice using your last-used billing address or the billing and/or shipping address in your online profile.
If parties are unable to resolve the dispute, either Minnies or the customer may process it in accordance with the Jurisdiction section of these Terms.
If you do not understand any of the foregoing Terms or if you have any questions or comments, please contact Customer Service at firstname.lastname@example.org.
Last Updated: 26/04/2021