Terms and Conditions

 

Please review the terms of use of this site carefully

 

Your use of this site indicates your acceptance of these terms and your agreement to follow and be bound by them. Do not use the site if you do not agree to be bound by these terms. We may periodically change the terms, without notice, so kindly check them from time to time as your continued use of the site signifies your acceptance of any changed terms.

 

Introduction

 

Welcome and thank you for using the EarthBox® gardening system Africa site ("the site"). The site incorporates the EarthBox® gardening system Africa online store ("the EarthBox® gardening system Africa Online Store") and the EarthBox® gardening system Africa Forum ("the EarthBox® gardening system Africa Forum"), save where the context otherwise indicates, references to "the site" are deemed to include the EarthBox® gardening system Online Store and the EarthBox® gardening system Forum.

 

The site is hosted and managed in the Republic of South Africa and promotes the sale of EarthBox® gardening system products ("the Products"). Purchases made from the site are subject to the terms and conditions of this Agreement. By shopping or browsing on this site, you acknowledge that you have read, understood and agreed to be bound by this Agreement, and the other policies displayed on this site.

 

Certain of the terms are applicable to the EarthBox® gardening system Africa Online Store only ("the EarthBox® gardening system Africa Online Store Terms"). Click here to navigate directly to these specific terms.

 

Information

 

While we make reasonable efforts to provide accurate and timely information about EarthBox® gardening system Africa on this site, you should not assume that the information provided is always current or that this site contains all the relevant information available.

 

Your comment

 

We value the comments, ideas, suggestions and feedback disclosed, submitted or offered by you on, by or in connection with your use of the site ("Comments"), but EarthBox® gardening system Africa shall not be obliged to respond to, maintain or compensate you in any way whatsoever for your Comments. Once disclosed, submitted or offered, your Comments shall become the property of EarthBox® gardening system Africa. EarthBox® gardening system Africa will thus exclusively own all such rights, title and interests in the Comments and shall not be limited in any way in its use, commercial or otherwise, of any of the Comments.

 

You warrant that the Comments disclosed, submitted or offered by you to the site do not and will not violate any right of any third party, including copyright, trademark, privacy or any other personal or proprietary right. You agree not to disclose, submit or offer any Comments that will be or will contain any defamatory, unlawful, abusive or obscene material. EarthBox® gardening system Africa disclaim any liability towards any third party regarding your Comments and you shall remain accountable towards any third party regarding the contents of your Comments.

 

Product Sales and Availability

 

All products displayed on this site are subject to availability. All prices displayed on the site are quoted in South African Rands and are valid and effective only in the Republic of South Africa. EarthBox® gardening system Africa reserve the right without prior notice to discontinue or change specifications on products and services offered on this site without incurring any obligations.

 

Colours

 

We have made every effort to display as accurately as possible the colours of the products that appear on the site. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.

 

Privacy Policy

 

Your privacy is very important to EarthBox® gardening system Africa and therefore any information that you provide to us is stored on a secure server. Our secure server encrypts your identity number and Payment Card details so as to minimise the risk of unauthorised disclosure or interception. The site makes use of "cookies" to minimalise the possibility of unauthorised access to and disclosure of your personal information. EarthBox® gardening system Africa may use your information to contact you about promotions and special offers. You are entitled, at any stage, to opt out of this service.

 

EarthBox® gardening system Africa do not sell or rent personal information about individual members (such as name, address, email address, telephone or fax number) to third parties. We do however reserve the right to disclose information regarding our members and usage of the site to each other and, amongst others, business partners and affiliates, its advertisers, suppliers and other selected third parties. EarthBox® gardening system Africa may disclose personal information in response to a specific request by a law enforcement agency, subpoena, court order, or as required by law.

 

Intellectual Property

 

EarthBox® gardening system Africa retain all copyright in all material, including logos and other graphics, which form part of the site. All data and information communicated to or from the site and/or any site information and database remain and shall be the sole property of EarthBox® gardening system Africa.

 

EarthBox® gardening system Africa grant you permission to view, electronically copy and print in hard copy portions of the site for the sole purpose of browsing the site and placing an order with EarthBox® gardening system Africa, for your personal use only.

 

Any other use of materials on the site, including a reproduction for purposes other than those noted above, modification, distribution or reproduction, without the prior written consent of EarthBox® gardening system Africa and the lawful trademark and/or copyright owner (if applicable) is strictly prohibited and constitutes an unlawful infringement of the intellectual property rights of EarthBox® gardening system Africa and/or such trademark and/or copyright owner.

 

Trademarks

 

"EarthBox® gardening system", "Growing food for life", the EarthBox® gardening system and all other marks, logos and trade names appearing on this site are trade marks of EarthBox® gardening system Africa or their licensees in the Republic of South Africa and in certain other countries. Nothing contained on this site should be construed as granting, by implication or otherwise, any license or right to use any of the trademarks displayed on this site without the express prior written consent of the relevant Company. Your use of any of the trademarks displayed on the site or in any of its contents, is strictly prohibited. You may not copy, reproduce, publish, upload, post, transmit, distribute or modify any of the trademarks appearing on this site. You further undertake not to infringe any right of the EarthBox® gardening system Africa or their licensees in respect of such trademarks. For the purpose hereof, the use of the trademarks on any other web site or networked computer environment is prohibited. All rights not expressly granted are reserved.

 

Advertising and Links

 

External hyperlinks may be provided on the site. You shall not interpret such hyperlinking as constituting any relationship between EarthBox® gardening system Africa and any linked third party or any endorsement by EarthBox® gardening system Africa of such third party and use of or reliance on any external links provided is at your own risk.

 

Advertising and other promotional material will appear on the site from time to time. You shall not interpret such advertising or promotional material as constituting any relationship between EarthBox® gardening system Africa and any third party placing such advertising or promotional material on the site or any endorsement by EarthBox® gardening system Africa of such third party and use of or reliance on any such material is entirely at your own risk.

 

Disclaimers and Exclusions of Liability

 

You expressly agree that use of the site or the Internet is entirely at your own risk. The site and its contents are provided on an "as is" and "as available" basis and EarthBox® gardening system Africa make no representations or warranties of any kind, whether express or implied, including without limitation with respect to the site, its contents, the accuracy thereof, or any warranties or representations regarding the effectiveness of any security or encryption facilities or with regard to the availability of products and/or delivery arrangements and times.

 

EarthBox® gardening system Africa disclaim all representations and warranties, including but not limited to warranties as to the availability, accuracy or content of information, products or services, and warranties of merchantability or fitness for a particular purpose of information, goods or services.

 

EarthBox® gardening system Africa do not warrant that the functions provided by the site will be uninterrupted or error free, or that the site or the server that makes it available are free from viruses or other harmful components. Save as expressly set out herein, EarthBox® gardening system Africa shall under no circumstances whatsoever be liable to you, including without limitation, as a result of or in connection with the EarthBox® gardening system Africa's negligent (including grossly negligent) acts or omissions or those of their employees, agents or designees or other persons for whom in law they may be liable (in whose favour this constitutes a contract or undertaking for their benefit), for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused (whether arising under contract, delict or otherwise and whether the loss was actually foreseen or reasonably foreseeable), sustained by you, the recipient of the Products or services, or any other person arising from or as a result of any sale concluded in terms of this Agreement, the delivery, non-delivery, incorrect, erroneous or late delivery, the use, possession or consumption of the products or services.

 

EarthBox® gardening system Africa, their directors, employers, designees, agents, representatives, affiliates and suppliers shall not be liable for any loss, damage (whether direct, indirect or consequential) or expense of any nature whatsoever which may be suffered as a result of or which may be attributable, directly or indirectly, to the use of or reliance upon the site (including any information contained thereon) or the Internet. You will indemnify EarthBox® gardening system Africa and keep them fully indemnified from and against any loss or damage suffered or liability incurred, including without limitation in respect of any claim or demand by any third party by reason of any act or omission on your part or that of any family member, agent or representative acting on your behalf in connection with transactions concluded on the site and/or in terms of this Agreement and/or in relation to receipt of Products or services supplied by EarthBox® gardening system Africa pursuant to any such order.

 

Notwithstanding any other provisions contained herein, EarthBox® gardening system Africa's liability whether in contract or delict arising from any breach of any obligation in terms of this Agreement, negligence or otherwise shall not exceed at any time more than double the monetary value of the order in respect of which any such dispute or claim arises.

 

General Terms

 

The content contained on the site may be used by you for your own personal, non-commercial shopping and information purposes only. In using the site you agree not to infect it with any computer programming (such as a virus) that may damage, interfere with, delay or intercept any data or information on the site and you shall indemnify EarthBox® gardening system Africa for any damage caused by any such act attributable to you. EarthBox® gardening system Africa may suspend the site or any part thereof or terminate your account at any time if EarthBox® gardening system Africa should determine that you are not using the site in compliance with this agreement or if EarthBox® gardening system Africa believe the information provided by you is untrue, inaccurate or incomplete.

 

In any provision of this Agreement is unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining terms.

 

This Agreement constitutes the whole agreement between the parties relating to the subject matter hereof.

 

Any indulgence of extension of time granted by EarthBox® gardening system Africa to you shall not be construed as a waiver or variation of any of our rights or remedies.

 

At the option of EarthBox® gardening system Africa, any dispute arising out of the Agreement may be brought in any Magistrates' Court of competent jurisdiction notwithstanding that the amount in issue may exceed the jurisdiction of such court.

 

This Agreement is governed by the laws of the Republic of South Africa.

 

EarthBox® gardening system Africa Online Store Terms

 

Purchases from the EarthBox® gardening system Africa Online Store are processed, invoiced and fulfilled by EarthBox® gardening system.

 

To purchase from the EarthBox® gardening system Africa Online Store you must first register by visiting Register and completing the registration section. Registration and/or use of the EarthBox® gardening system Africa Online Store constitutes acceptance of this Agreement, including the EarthBox® gardening system Africa Online Store Terms, by you.

 

The EarthBox® gardening system Africa Online Store Terms shall apply as between EarthBox® gardening system and yourself. EarthBox® gardening system reserves the right to amend the EarthBox® gardening system Africa Online Store Terms from time to time and any such amendments shall be deemed to apply as between yourself and EarthBox® gardening system. Any such amendments will take effect immediately on posting of the amended EarthBox® gardening system Africa Online Store Terms on the site.

 

To make purchases on the EarthBox® gardening system Africa Online Store you must be over the age of 18 (eighteen) and be the holder of a valid, South African MasterCard, Visa, American Express or Diners Club card ("Payment Card").

 

On Line Registration

 

To register you will be required to provide certain information including personal details, Payment Card details and your delivery address. When registering you will be required to choose a UserID and a Password. Please keep your Password secret. EarthBox® gardening system Africa accepts no liability for any damages suffered or losses incurred from the use or misuse of your Password.

 

You will be required to enter your UserID and Password each time you visit the EarthBox® gardening system Africa Online Store.

 

To amend any registration particulars please visit Your Details and affect the amendments.

 

Security Policy

 

EarthBox® gardening system Africa will endeavour to ensure that your personal information and/or credit card details are protected as they travel over the Internet. However, there is no 100% secure transmission of data on the Internet given the current state of Internet technology. Therefore EarthBox® gardening system Africa cannot guarantee the absolute security of any information you transmit to us or which EarthBox® gardening system Africa transmits to you.

 

Pricing Policy

 

You will be charged the prices as they are reflected on the Products in store at the point of sale, subject to availability. The prices exclude Value-Added Tax.

 

Special promotions may be subject to certain conditions, including stock availability and limited offer stipulations.

 

A delivery fee will be charged for each order placed by you. Please visit Frequently Asked Questions (FAQ's) to view the delivery fee applicable.

 

Payment

 

EarthBox® gardening system Africa shall be authorised to debit the aggregate amount payable for the Products ordered against the authorised Payment Card supplied by you when completing your order. EarthBox® gardening system Africa shall be entitled to debit your Payment Card on acceptance of your order and prior to delivery.

 

By submitting your order, Identity Number and Payment Card details you warrant that you are over the age of 18 (eighteen), are authorised to make payment with the Payment Card and that there are sufficient funds available to pay for the order.

 

Stock Availability

 

EarthBox® gardening system Africa cannot always guarantee availability of stock and will endeavour to deliver a substitute line where possible.

 

If we are unable to supply each and every item ordered or in the quantities ordered, you nevertheless agree to accept delivery and make payment for the items correctly delivered.

 

Confirmation of Orders

 

Orders placed on the EarthBox® gardening system Africa Online Store constitute your offer to purchase subject to this Agreement. Your offer is deemed to have been accepted by EarthBox® gardening system Africa when an invoice for the goods has been generated and delivered to you (by email or otherwise) unless otherwise notified. Failure by EarthBox® gardening system Africa to formally confirm or notify acceptance shall not affect the validity of the sale or the enforceability thereof.

 

Delivery Policy

 

Goods ordered for delivery within South Africa will be delivered within 4 to 8 business days from the time that payment for the order has been received by EarthBox® gardening system Africa. Orders can be shipped to any location/s, but delivery / shipping charges will be calculated for each separate delivery location and delivery time may vary accordingly.

 

On delivery of the order to the specified delivery address, you will receive an EarthBox® gardening system Africa delivery note showing the items delivered, any substitute items, any non-available items, the delivery fees, Value-Added Tax and the amount to be or which has been debited from your Payment Card.

 

For verification purposes, the person accepting delivery at the delivery address may be required to produce a form of identification.

 

Any person other than yourself who receives the Products at the delivery address is conclusively presumed to be authorised to accept delivery on your behalf.

 

Should no-one be in attendance at the time of delivery, the driver will retain the Products and a notice will be left at the delivery address to this effect. The driver will attempt to contact you to make new arrangements for delivery or collection.

 

EarthBox® gardening system Africa reserves the right to charge an additional delivery fee should it be required to make a further delivery or collection if no one is at the delivery address to receive the Products or hand over the returned Products, as the case may be.

 

You are required to ensure that you or an authorised person shall be in attendance at the delivery address and that appropriate access will be made available.

 

On delivery, the person accepting delivery shall be required to sign and print his/her name as against a duplicate copy of the delivery note, to confirm receipt of the delivery.

 

EarthBox® gardening system Africa has outsourced all delivery and collection arrangements. Accordingly, EarthBox® gardening system Africa shall not be liable for any damage suffered or loss incurred by reason of any acts or omissions of the deliverer, its directors, employees, sub-contractors, agents, representatives and/or affiliates.

 

Returns Policy

 

If you are for any reason dissatisfied with an item purchased through the EarthBox® gardening system Africa Online Store you may make arrangements to return it to EarthBox® gardening system Africa. For further details please +27 788 385 803.

 

Cancellation

 

If for any reason you would like to cancel an order this may be done by visiting Your Orders on the EarthBox® gardening system Africa Online Store or by contacting EarthBox® gardening system Africa on +27 788 385 803. You will only be able to cancel orders up to 24h00 on the day prior to the date of order dispatch.

 

EarthBox® gardening system Africa shall be entitled to debit your Payment Card for the Delivery Fees in respect of any late cancellations.

 

If you cancel your payment for any reason or if your Payment Card should cease to be valid for whatever reason, you will nevertheless be bound to pay to EarthBox® gardening system Africa the full purchase price, including all costs incurred by EarthBox® gardening system Africa relating to the recovery thereof.

 

Without prejudice to any other rights or remedies in law, EarthBox® gardening system Africa shall be entitled to cancel forthwith any sale and/or your registration if you should breach any of your obligations.

 

Risk and Ownership

 

Risk in the Products shall pass to you upon delivery at the delivery address or to the person accepting delivery on your behalf, if for instance you should not be available to take delivery at the delivery address. Until payment is received in full for any goods sold, ownership in the Products shall remain with EarthBox® gardening system Africa and such Products shall be returned and/or surrendered to EarthBox® gardening system Africa following receipt of a default notice from EarthBox® gardening system Africa.