Terms and Conditions

1. Introduction

Welcome to The Harvest Market (“we,” “us,” “our”). These Terms and Conditions (“Terms”) govern your access to and use of our website www.theharvestmarket.co.za (the “Website”) and any services provided by us through the Website.

By accessing or using the Website, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not use our Website.

The Harvest Market is an e-commerce platform that provides customers with access to a wide range of products and services, including ongoing memberships and subscription services.

2. Definitions

• Consumer Protection Act (“CPA”): Refers to the Consumer Protection Act, No. 68 of 2008, as amended.
• Personal Information (“PI”): Any information relating to an identifiable, living natural person, as defined in our Privacy Policy.
• User: Any individual or entity accessing or using the Website.
• Membership: An ongoing relationship with The Harvest Market that may include subscription services, membership benefits, and recurring payments.
• Subscription Service: A service provided by The Harvest Market that requires recurring payments for ongoing access to products or services.
• Store Credit: A non-refundable credit issued to the user that can be used toward future purchases on The Harvest Market. It is equivalent in value to the amount specified and adheres to the regulations set forth in the South African Consumer Protection Act (CPA).

3. Eligibility

By using our Website, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into binding contracts.

4. Use of the Website

4.1 Permitted Use

You may use the Website for lawful purposes only and in accordance with these Terms. You agree not to use the Website:

• In any way that violates any applicable national or international law or regulation.
• To engage in any unlawful or fraudulent activities.
• To infringe upon or violate our intellectual property rights or the rights of others.

4.2 Account Registration

To access certain features of the Website, you may be required to create an account. You agree to:

• Provide accurate, current, and complete information during registration.
• Maintain and promptly update your account information to keep it accurate, current, and complete.
• Safeguard your password and other login credentials.
• Notify us immediately of any unauthorized use of your account.

4.3 User Responsibilities

Users are responsible for:

• Maintaining the confidentiality of their account credentials.
• Complying with all applicable laws and regulations while using the Website.
• Providing accurate and complete information when placing orders or subscribing to services.

4.4 Prohibited Activities

You agree not to engage in any of the following activities:

• Transmitting spam, viruses, or other malicious software.
• Attempting to disrupt or interfere with the Website’s functionality.
• Harvesting or collecting personal information of other users.
• Impersonating any person or entity or falsely stating your affiliation with any person or entity.

4.5 Termination of Accounts

We reserve the right to terminate or suspend your account at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users of the Website, us, or third parties.

Upon termination, your right to use the Website will immediately cease, and we may reclaim any resources or materials you have provided.

5. Orders and Payment

5.1 Order Acceptance

All orders placed through the Website are subject to availability and acceptance by us. We reserve the right to reject or cancel any order for any reason, including but not limited to:

• Product or service availability.
• Errors in product or service descriptions.
• Errors in pricing or other information.
• Suspicion of fraudulent or unauthorized transactions.

5.2 Pricing

Prices for our products and services are subject to change without notice. We attempt to ensure that all details on the Website are accurate, but errors may occur. In the event of a pricing error, we reserve the right to cancel any orders placed at incorrect prices and will inform you accordingly.

5.3 Payment Methods

We accept the following payment methods:

• Visa
• MasterCard
• American Express
• Discover
• Bank transfer

All payments are processed securely through our payment gateway, compliant with PCI DSS standards. Your payment information is handled in accordance with our Privacy Policy.

5.4 Order Confirmation

Upon placing an order, you will receive an order confirmation via email. This confirmation does not signify our acceptance of your order but merely acknowledges that your order was received. We will notify you once your order is accepted and dispatched.

5.5 Wishlist and Shopping Basket

Placing products in a wishlist or shopping basket without completing the purchase cycle does not constitute an order for such products. Products may be removed from the shopping basket if stock is no longer available or the price may change without notice. You cannot hold The Harvest Market liable if such products 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.

You acknowledge that stock of all products on offer is limited and that pricing may change at any time without notice to you. In the case of products for sale by The Harvest Market, we will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, such offers are discontinued on the Website. However, we cannot guarantee the availability of stock. When products are no longer available after you have placed an order, we will notify you and you will be entitled to a refund of any amount already paid by you for such products.

6. Subscriptions and Memberships

6.1 Subscription Plans

The Harvest Market offers ongoing memberships and subscription services that provide continuous access to our products and services. These subscriptions may include benefits such as exclusive discounts, early access to new products, and special offers.

6.2 Pricing Changes

We reserve the right to change the pricing of our subscription services at any time. We will notify you of any price changes at least 30 days before they take effect. Continued use of the subscription service after the price change constitutes your acceptance of the new pricing.

6.3 Cancellation

You may cancel your subscription at any time by accessing your account settings on the Website or by contacting our Customer Service team. Upon cancellation, your membership benefits will continue until the end of the current billing cycle, after which your subscription will not renew, and you will not be charged further fees.

6.4 Renewal

Subscriptions automatically renew at the end of each billing cycle unless you cancel your subscription before the renewal date. You will be notified via email before each renewal, including the upcoming billing amount and the billing date.

7. Delivery

7.1 Delivery Locations

We deliver products throughout South Africa. Delivery outside South Africa is not available unless explicitly stated.

7.2 Delivery Times

Orders are typically processed within 2-3 business days. Delivery times may vary based on product availability and your location. We do not guarantee delivery dates and are not responsible for delays beyond our control.

7.3 Delivery Charges

Delivery charges are calculated based on your location and the size and weight of your order. These charges will be displayed at checkout before you complete your purchase.

7.4 Address Accuracy

It is your responsibility to provide accurate and complete delivery information. We are not liable for delays or misdeliveries caused by incorrect or incomplete addresses provided by you.

7.5 Delivery Confirmation

We will provide you with delivery confirmation and tracking information once your order has been dispatched.

8. Returns and Refunds

8.1 Return Policy

We offer a 7-day return policy on unopened and unused products. To return a product, please contact our Customer Service within 7 days of receiving your order.

8.2 Refunds

Once we receive and inspect the returned product, we will notify you of the approval or rejection of your refund. If approved, a credit will automatically be applied to your original method of payment within a certain number of days.

8.3 Damaged or Defective Products

If you receive a damaged or defective product, please contact us immediately at [email protected] with your order details and a description of the issue. We will arrange for a replacement or refund as appropriate.

8.4 Non-Returnable Items

Certain types of goods are exempt from being returned, such as perishable goods, custom products, and personal care items.

8.5 Canceling Orders

You may cancel an order at any time before it has been dispatched. To cancel an order, please contact our Customer Service team with your order details.

9. Gift Vouchers and Store Credit

9.1 Gift Vouchers

Gift vouchers issued by The Harvest Market are not redeemable for cash and will not be replaced if lost, stolen, or damaged. They can only be redeemed for purchases on our Website.

9.2 Store Credit

Store Credit is a non-refundable credit issued to the user that can be used toward future purchases on The Harvest Market. It is equivalent in value to the amount specified and adheres to the regulations set forth in the South African Consumer Protection Act (CPA).

9.2.1 Earning Store Credit

Store Credit may be earned through:

• Product returns (as per our Returns and Refunds Policy).
• Promotional activities, special offers, or as part of loyalty programs.

9.2.2 Using Store Credit

You can use Store Credit toward the purchase of products on our Website. During the checkout process, you will have the option to apply your Store Credit balance to your order.

9.2.3 Expiration and Limitations

• Store Credit expires after 12 months, (1 Year) unless specified under specific promotional terms.
• Store Credit cannot be exchanged for cash or transferred to another person.
• Store Credit cannot be used in conjunction with other discount codes or promotions unless explicitly stated.

9.2.4 Compliance with CPA

Store Credit issuance, management, and redemption comply with the South African Consumer Protection Act, ensuring transparency and fairness in handling consumer credits.

9.3 Restrictions

Gift vouchers and Store Credit cannot be used in conjunction with other discount codes or promotions. They cannot be exchanged for other vouchers or products and are non-transferable unless explicitly stated.

10. Intellectual Property

10.1 Ownership

All content on the Website, including but not limited to text, graphics, logos, images, and software, is the property of The Harvest Market or its content suppliers and is protected by South African and international intellectual property laws.

10.2 Permitted Use

You are granted a limited, non-exclusive, non-transferable license to access and use the Website for personal, non-commercial purposes. Any unauthorized use of the Website may violate copyright, trademark, and other laws.

10.3 Prohibited Use

You are prohibited from:

• Modifying, copying, reproducing, republishing, uploading, posting, transmitting, or distributing any content from the Website without our prior written consent.
• Using any automated means to access the Website for any purpose without our express written permission.
• Engaging in any activity that disrupts or interferes with the proper functioning of the Website.

10.4 Enforcement

We reserve the right to take appropriate legal action against anyone who, in our sole discretion, violates these Terms or our intellectual property rights, including without limitation, injunctive relief, a claim for damages, and/or criminal prosecution.

11. Disclaimer of Warranties

The Website and all information, products, services, and related graphics are provided “as is” without warranties of any kind, either express or implied. We do not warrant that the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or other harmful components.

12. Limitation of Liability

The Harvest Market shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Website;
• Any conduct or content of any third party on the Website;
• Any content obtained from the Website; and
• Unauthorized access, use, or alteration of your transmissions or content.

13. Indemnification

You agree to indemnify, defend, and hold harmless The Harvest Market, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your access to or use of the Website.

14. Data Protection and Privacy

14.1 Integration with Privacy Policy

Our Privacy Policy explains how we handle your personal information. By using our Website, you consent to the collection, use, and disclosure of your personal information as described in our Privacy Policy.

14.2 User Rights

Refer to our Privacy Policy to understand your rights under the Protection of Personal Information Act (POPIA), including rights to access, correct, delete, and object to the processing of your personal information.

15. Force Majeure

The Harvest Market shall not be liable for any failure to perform its obligations under these Terms if such failure results from events beyond our reasonable control, including but not limited to:

• Natural disasters (e.g., floods, earthquakes, hurricanes);
• War, terrorism, or armed conflict;
• Government actions or regulations;
• Strikes or labor disputes;
• Power outages or technological failures;
• Epidemics or pandemics.

In such events, we will make reasonable efforts to notify you of the delay and reschedule where possible.

16. Dispute Resolution

16.1 Informal Resolution

If you have any concerns or complaints regarding these Terms or your use of the Website, please contact our Customer Service team at [email protected]. We aim to resolve all disputes amicably and efficiently.

16.2 Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, or invalidity thereof, shall be settled by arbitration in accordance with the Arbitration Act of South Africa. The arbitration shall be conducted in Durban South Africa, in the English language, and judgment on the arbitration award may be entered in any court having jurisdiction thereof.

17. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of South Africa. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of South Africa.

18. Changes to Terms and Conditions

We reserve the right to modify or replace these Terms at any time. The updated Terms will be effective immediately upon posting on the Website. Your continued use of the Website following the posting of any changes constitutes acceptance of those changes.

19. Contact Information

If you have any questions about these Terms, please contact us at:

The Harvest Market
Unit 1, 8 Reed Place, Maxmead, KZN, South Africa

Email: [email protected]
Website: www.theharvestmarket.co.za

Disclaimer

The information provided on The Harvest Market’s Website is for general informational purposes only. All information on the Website is provided in good faith; however, we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information on the Website.

Under no circumstance shall we have any liability to you for any loss or damage of any kind incurred as a result of the use of the Website or reliance on any information provided on the Website.

The Website may contain links to other websites or content belonging to or originating from third parties. Such links are provided solely for your convenience to provide further information. We have no control over the content of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Every effort is made to keep the Website up and running smoothly. However, The Harvest Market takes no responsibility for, and will not be liable for, the Website being temporarily unavailable due to technical issues beyond our control.