Terms and Conditions

INTRODUCTION
1. This website can be accessed at www.N1.co.za, related mobi-sites and software applications (the “Website”) and is owned and operated by N1 Restaurant Suppliers (Pty) Ltd (“N1 @ Home”, “we”, “us” and “our”).
2. These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.
3. These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
4. The Website enables you to shop online for an extensive range of goods (“Goods”).
5. Goods may include the following, but are by no means be limited thereto, as N1 @ Home often expands it’s stock:
  1. foodstuffs intended for human consumption as defined in Section 1 of the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972);
  2. meat, which would include the carcass of an animal slaughtered at an abattoir as provided for in terms of the Meat Safety Act, 2000 (Act No. 40 of 2000);
  3. meat products, which are the parts of a slaughtered animal which are not part of the carcass such as the head, trotters and washed or cleanly scraped entrails;
  4. perishable food, being any foodstuff which on account of its composition,
    ingredients, moisture content and/or pH value, lack of preservatives and suitable packaging is susceptible to an uninhibited increase in microbes thereon or therein, when the foodstuff is kept within the temperature spectrum of 5°C to 60°C, and includes the perishable foodstuffs listed in Government Notice No. R.1183 of 1 June 1990, as amended, excluding unprocessed fruit and vegetables; and
  5. prepacked food which may include food which, before it is presented for sale or for serving, hasbeen packed as contemplated in Regulation 7(3) of the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972).
6. Best Before or Best Before End in these Terms and Conditions and related policies means, the date which signifies the end of the period under any stated storage conditions during which the product will remain fully marketable and will retain any specific qualities for which tacit or express claims have been made. However, beyond this date the food may still be perfectly satisfactory
7. Sell by date or the Display until date in these Terms and Conditions and related policies means, the last date of offer for sale to the consumer after which there remains a reasonable storage period at home.
8. Use by in these Terms and Conditions and related policies (Best Consumed Before, Recommended Last Consumption Date) means the date which signifies the end of the estimated period under the stated storage conditions, after which the product probably will not have the quality attributes normally expected by the consumers and after which date the food should not be regarded as marketable.
9. N1 @ Home sells Goods we have purchased from Third Party Sellers on the Website (each a “Third Party Seller”). N1 @ Home will, however, indicate on the relevant product pages and checkout pages when Goods are for sale by a Third Party Seller. Certain terms in these Terms and Conditions only apply to purchases from Third Party Sellers, and others only apply to purchases from N1 @ Home. This will be made clear in the relevant clause.
10. Business days/Working days include Mondays, Tuesdays, Wednesdays, Thursdays and Fridays but exclude weekends, public and religious holidays.
IMPORTANT NOTICE
1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
2. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which -
  1. may limit the risk or liability of N1 @ Home or a third party; and/or
  2. may create risk or liability for the user; and/or
  3. may compel the user to indemnify N1 @ Home or a third party; and/or
  4. serves as an acknowledgement, by the user, of a fact.
3. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
4. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask N1 @ Home to explain it to you before you accept the Terms and Conditions or continue using the Website.
5. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or N1 @ Home in terms of the CPA.
6. N1 @ Home permits the use of this Website subject to the 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.
7. N1 @ Home takes all reasonable measures to ensure that Goods are of the highest quality, but by no means do we represent, indicate or warrant that the Goods, as indicated on the Website, advertising or imagery on the outside of the packaging thereof, are the same Goods which are found inside the packaging. Images are merely serving suggestions and not a description of the actual Goods.
RETURNS
1. Please refer to our Returns Policy for more information about returning products (and related refunds or replacements). The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
REGISTRATION AND USE OF WEBSITE
1. Only registered users may order Goods on the Website and mobi-site/application.
2. To register as a user, you must provide a unique username, pseudonym and password and provide certain information and personal details to N1 @ Home. You will need to use your unique username and password to access the Website in order to purchase Goods.
3. You agree and warrant that your username and password shall:
  1. be used for personal use only; and
  2. not be disclosed by you to any third party.
4. For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
5. You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
6. You agree to notify N1 @ Home immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
7. By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
8. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way 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 N1 @ Home representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
9. You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
10. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised N1 @ Home representative.
CONCLUSION OF SALE AND AVAILABILITY OF STOCK
1. Registered users may place orders for Goods, which N1 @ Home may accept or reject. Whether or not N1 @ Home accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by N1 @ Home for the Goods within 24 hours of an order being placed.
2. NOTE: N1 @ Home will indicate the acceptance of your order by furnishing you with a unique order number and delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and N1 @ Home come into effect (the “Sale”). This is regardless of any communication from N1 @ Home stating that your order or payment has been confirmed. N1 @ Home will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
3. Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving an order number, dispatch or delivery notice. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy.
4. Placing Goods in a wishlist or shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold N1 @ Home liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
5. You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by N1 @ Home, N1 @ Home will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, N1 @ Home will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.
6. In the case of Goods for sale by a Third Party Seller, N1 @ Home relies on inventory information supplied by the relevant Third Party Seller and N1 @ Home accordingly bears no liability for any inaccuracies in the information supplied to it. Consequently, should you order any Goods, which N1 @ Home receive from a Third Party Seller which are in fact sold-out, any resulting dispute should be resolved between you and N1 @ Home, your respective rights and obligations being as set out in these Terms and Conditions.
7. Certain Goods may not be purchased for re-sale. Should we suspect that any such Goods are being purchased for sale, we are entitled to cancel your order immediately on notice to you.
PAYMENT
1. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
2. Whether the Goods are for sale directly by N1 @ Home or a Third Party Seller in affiliation with N1 @ Home, payment can be made for Goods via -
  1. debit card;
  2. credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
  3. Snapscan;
  4. direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made 24 hours of placing your order. N1 @ Home will not accept your order if payment has not been received; and
  5. Instant EFT.
3. You may contact us via your personal profile on the app or home@n1.co.za to obtain a full record of your payment. We will also send you email communications about your order and payment.
4. Once you have selected your payment method, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
5. Please note that all goods remain the property of N1 @ Home until paid in full. No returns will be logged unless N1 @ Home is notified within 24 hours of delivery being made.
DELIVERY OF GOODS
1. N1 @ Home offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:
  1. courier; or
  2. self-collection.
2. Our delivery charges are subject to change at any time, without prior notice to you. You will see the applicable delivery charges in your cart when you check out.
3. For all purchase orders above the R500.00 (Five Hundred Rand) threshold, delivery within the Website specified areas in the Cape Town Metropolitan will be free.
4. For all purchase orders below the R500.00 (Five Hundred Rand) threshold, delivery will be executed at a minimum cost of R50.00 (Fifty Rand) per delivery outside the Cape Town Metropolitan area.
5. All deliveries outside the Cape Town Metropolitan area will be executed upon a date agreed upon by both the purchaser and N1 @ Home and proof of payment being received or reflecting in our account.
6. Where we accept your order and proof of payment has been received / reflects on our account, N1 @ Home will deliver the Goods to you as soon as reasonably possible, but no later 3 (three) business days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 3 (three) working days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.
7. N1 @ Home’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. N1 @ Home is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.
ERRORS
1. We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.
2. N1 @ Home shall not be bound by any incorrect information regarding our Goods displayed on any Third Party websites.
DEALS AND OTHER DISCOUNTED GOODS
1. From time to time, we may offer certain Goods at discounted prices as part of a Deal (“Deal”). This will be subject to certain conditions (as set out in these Terms and/or the Website), which define the scope of the Deal. If you buy a product within the scope of a Deal, you will pay the discounted price for that product (the “Deal Price”).
2. However, if you buy a product in a manner that falls outside of the scope of a Deal, then you will pay the then current (non-Deal) selling price on the Website (the “Normal Price”), for each product that falls outside the scope of the Deal.
3. For example: if you buy more than one product in a Deal, you will pay the Deal Price for the first product, but the Normal Price for all products thereafter. Alternatively, if you buy a product in combination with any other products that together do not constitute a Deal, you will pay the Normal Price for all such products falling outside the scope of the relevant Deal.
  1. We do not guarantee a specific saving. The extent of the Deal or discount is at the sole discretion of N1 @ Home.
  2. Adding a Deal to your cart or completing your order for a Deal without paying for it, does not reserve the item for you. N1 @ Home must receive payment from you within 24 hours of you placing your order for a Deal, otherwise we will cancel your order.
  3. N1 @ Home will reserve stock for customers in the order in which it receives payment. Therefore if you pay via EFT, you might not get your item because N1 @ Home may only receive payment from you a few days later, and in the meantime the Deal might sell out to customers paying immediately.
  4. The List Price shown in respect of Deals and other discounted Goods is the recommended retail price suggested to us by the supplier of the relevant product. Where the supplier has not provided a recommended retail price, an estimate may be provided. Where a product is offered for sale by a Third Party Seller, the List Price may be provided by the Third Party Seller.
  5. By purchasing any Deal, you are also automatically opting in for our general newsletter (you may opt-out of the newsletter at any time). Opting out of these newsletters after purchase will not affect the value of the Goods purchased.
4. App Only Deals
  1. We also have Deals (called “App Only Deals“) which will only be available for purchase using the N1 @ Home software application (“App”), although they may also be displayed on the N1 @ Home website and mobi-site. The App can be downloaded on IOS and Android devices. In addition to the above Deal Terms and Conditions, the following terms apply to App Only Deals:
    1. App Only Deals are only available for purchase using the App and their prices may differ from the normal selling prices at which those particular Goods may be available on the website or mobi-site.
    2. You will only receive the App Only Deal price if you pay for your order using the App before the App Only Deal has expired or sells out. You will not receive the App Only Deal price if you pay for your order using the website or mobi-site, or if you don’t pay for your order before the App Only Deal has expired or sells out.
LIQUOR AS PRIZE GIVE-AWAY
1. It is an offence in terms of South African liquor legislation:
  1. for any person under the age of 18 years to purchase, or attempt to purchase, liquor and/or to present false evidence of his/her age in order to access liquor; and/or
  2. to purchase liquor for or on behalf of any person under the age of 18 years.
2. N1 @ Home is committed to complying with all applicable liquor legislation and therefore will only;
3. Sell/Gift liquor to you if you are of or above the age of 18 years; and
4. deliver liquor to the address chosen by you if the liquor is received at such address by a person of or above the age of 18 years.
5. N1 @ Home has implemented a number of precautions to ensure that it does not sell, supply and/or deliver liquor to persons under the age of 18 years. These precautions include without limitation:
  1. indicating on the relevant liquor product page on the Website that such liquor product is not for sale to persons under the age of 18 years;
  2. verifying your age by requesting you to enter your date of birth when purchasing, or attempting to purchase, liquor through the Website;
  3. verifying the age of the person receiving delivery of the liquor by requesting to see his/her identity document, passport or driver’s licence, if such person appears to be under the age of 18 years.
6. N1 @ Home may in its sole discretion refuse to sell or deliver liquor to any person if:
  1. he/she refuses to provide his/her date of birth or identification requested for purposes of verifying his/her age;
  2. it appears that he/she provided false information or evidence of his/her age in order to access liquor; or
  3. he/she appears to be intoxicated.
7. N1 @ Home is not licenced to sell liquor for resale and you may accordingly not purchase liquor from N1 @ Home for the purpose of reselling it. N1 @ Home is entitled to cancel, or not to process, any order for liquor which it suspects will be resold, in addition to any other remedy it may have under these Terms and Conditions or at law.
8. N1 @ Home will not sell liquor exceeding a total weight of 200 kilograms to any one person in a single day.
9. By purchasing, or attempting to purchase, liquor from N1 @ Home, you hereby acknowledge and agree to these Terms and Conditions, and agree to provide N1 @ Home with truthful and accurate information and to comply with the applicable liquor legislation.
THIRD PARTY SELLERS
1. N1 @ Home will indicate on relevant product pages and checkout pages when Goods are for sale/were purchased from a Third Party Seller. In such cases N1 @ Home is the owner of these Goods unless otherwise specified.
2. The Sale formed on acceptance of your order (in accordance with clause 5) for is therefore solely between the registered user and N1 @ Home.
3. Because N1 @ Home wants the registered user to have a safe and consistent experience, N1 @ Home will handle any/all returns under the CPA, this includes, but is not limited to, sales which arise out of or are in connection with Goods that were initially purchased by N1 @ Home from a Third Party Seller. Aforementioned returns will be handled according to N1 @ Home’s own Returns Policy.
PRIVACY POLICY
1. We respect your privacy and will take reasonable measures to protect it, as more fully detailed in our Privacy Policy. The Privacy Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
CHANGES TO TERMS AND CONDITIONS
1. N1 @ Home may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
2. Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
ELECTRONIC COMMUNICATIONS
1. When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with our Privacy Policy.
OWNERSHIP AND COPYRIGHT
1. The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of N1 @ Home, its advertisers and/or sponsors and/or is licensed to N1 @ Home.
2. You will not acquire any right, title or interest in or to the Website or the Website Content.
3. Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact N1 @ Home.
4. Where any of the Website Content has been licensed to N1 @ Home or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
DISCLAIMER
1. The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
2. Whilst N1 @ Home takes reasonable measures to ensure that the content of the Website is accurate and complete, N1 @ Home makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by N1 @ Home’s representatives, N1 @ Home shall not be bound thereby.
3. N1 @ Home disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
4. Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
5. Any views or statements made or expressed on the Website are not necessarily the views of N1 @ Home, its directors, employees and/or agents.
6. In addition to the disclaimers contained elsewhere in these Terms and Conditions, N1 @ Home also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of N1 @ Home, its employees, agents or authorised representatives. N1 @ Home thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
LINKING TO THIRD PARTY WEBSITES
1. This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and N1 @ Home is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
2. Notwithstanding the fact that the 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.
LIMITATION OF LIABILITY
1. N1 @ Home cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of N1 @ Home, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors.
2. N1 @ HOME SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
3. YOU HEREBY INDEMNIFY N1 @ HOME 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.
AVAILABILITY AND TERMINATION
1. We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
2. N1 @ Home may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that N1 @ Home will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
3. If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
4. N1 @ Home is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotions, Deals or Coupons intended by N1 @ Home to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and N1 @ Home, in whole or in part, on notice to you. N1 @ Home shall only be liable to refund monies already paid by you (see N1 @ Home’s Returns Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
5. At any time, you can choose to stop using the Website, with or without notice to N1 @ Home.
GOVERNING LAW AND JURISDICTION
1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with 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.
2. In the event of any dispute arising between you and N1 @ Home, you hereby consent to the non-exclusive jurisdiction of the Magistrate Courts of the Republic of South Africa notwithstanding that the quantum in the action or proceedings may otherwise fall below or breach the monetary jurisdiction of that court.
3. Nothing in this clause 19 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
NOTICES
1. N1 @ Home hereby selects 6 Pepper Place, Montague Gardens, Cape Town, as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). N1 @ Home may change this address from time to time by updating these Terms and Conditions.
2. You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving N1 @ Home not less than 7 days’ notice in writing.
3. Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent -
  1. by hand will be deemed to have been received on the date of delivery;
  2. by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
  3. by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and
  4. by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.
COMPLAINTS
1. We are a participant under the Consumer Goods and Services Industry Code and are bound by it. An electronic copy of this Code is available at http://www.cgso.org.za/downloads/. If you have a complaint about the goods or services provided by us or require information regarding our internal complaints-handling process, please get in touch with us via our Website or you can contact us on +27 (0)21 557 1510.
If we don’t resolve your complaint within 15 (fifteen) business days of you having notified us of it, you are entitled to approach the Consumer Goods and Services Ombud (“CGSO”), to assist in resolving the dispute. The CGSO’s contact details are: Website: http://www.cgso.org.za/ Sharecall: 0860 000 272 Email: complaints@cgso.org.za
1. INFORMATION
  1. For the purposes of the ECT Act, N1 @ Home’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
    1. Full name: N1 Restaurant Suppliers (Pty) Ltd, a private company registered in South Africa with registration number 2010/019283/07.
    2. Main business: General Trading
    3. Physical address for receipt of legal service (also postal and street address): 6 Pepper Place, Montague Gardens, Cape Town, 7441 (marked for attention: Reinhardt Pretorius
    4. Office bearers: K Munn, A Richter, P Youlten.
    5. Phone number: +27 (0)21 557 1510
    6. Email address: info@n1.co.za.
    7. PAIA: The manual published in terms of section 51 of the Promotion of Access to Information Act 2000 may be downloaded from here.
  2. Third Party Sellers’ information is available in the relevant Product listing and/or via customer support.
GENERAL
1. N1 @ Home may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
  1. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
  2. Any failure on the part of you or N1 @ Home to enforce any right in terms hereof shall not constitute a waiver of that right.
  3. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
  4. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
  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.
  6. These Terms and Conditions contain the whole agreement between you and N1 @ Home and no other warranty or undertaking is valid, unless contained in this document between the parties.