1. Definitions

In these Terms and Conditions, a reference to or use of the words:

• “Delivery address” means the address nominated by you to which you would like us to deliver the goods.
• “Delivery date” means the date upon which we are to deliver the goods, as described in clause 10 of these terms and conditions.
• “EFT” means electronic funds transfer.
• “Goods” means the products advertised for sale by us on the website and/or the pricelist.
• “Payment card” means credit card or debit card, as the case may be.
• “Pricelist” means the products and services offered by us and their commensurate pricing as may be published by us from time to time.
• “Services” means the delivery by us of the goods to your nominated delivery address.
• “Terms and conditions” means these terms and conditions.
• “We”, “us” and “our” is a reference to Orka Paddles
• “Website” means com and
• “You” is to the customer making use of our delivery services.

2. Registration and formation of contract for the supply of goods

To be able to order online with us you must first register on the website. Registering on the website and/or ordering from us online, by telephone or other communications media constitutes your acceptance and agreement to be bound by these terms and conditions. The website and any pricelist is an invitation to purchase. You ordering from us online, by telephone or other communications media constitutes you making an offer to us. We may reject your order for any reason, including if the requested goods are not available or we are not able to deliver the quantity requested by you, there is an error in the pricing or the product description, an error in your order, your order is placed too late for us to order in time from our suppliers or if we are unable to deliver on the requested date for any reason. In the event of our cancelling your order, we will notify you of the cancellation by emailing you. Our provision of an order confirmation to you by email or other communications media constitutes our acceptance of your offer at which time a contract is formed between us which is governed by these terms and conditions (the “contract”).

3. Keeping information secure

To use our website or to place an order you will at times be required to provide certain personal information including your name, delivery address and payment card details, as well as contact details and an email address. Once registered on our website in order to login you will use your email address and a password provided by yourself. Please be sure to keep your personal information secure (and select a password that is secure) as we accept no liability whatsoever for any damages suffered or losses incurred from the unauthorised use by other persons of your personal information.

4. Age

You must be 18 years of age or older to order from us.

5. Availability

Whilst every effort is made to ensure products displayed on our pricelist and/or website are available, products displayed on our pricelist and/or website are subject to availability. In the event the product you ordered is unavailable we may deliver a substitute product, subject however to your right to decline to accept the substituted product if we have not obtained your consent prior to its delivery to you. Furthermore, we may change or omit products from the pricelist and/or website from time to time. We will update the website to keep you informed of changes or omissions to the products offered. In the event we cannot deliver a product that you have ordered and paid for (and you do not wish to receive a substituted product) we will provide you with a credit note for the amount you paid for the good(s) that were not delivered by us.

6. Conformance with description

We will do our best to ensure the goods ordered by you will conform with the description on the pricelist and/or webpage. We can however not be held liable but will endeavour to replace or refund the item if not correct as per the description.

7. Pricing

Product pricing is published by us on pricelists and the website and all references to currency on the pricelist and website are a reference to South African Rand. The pricing of goods will change from time to time and although the website is able to be kept up to date, pricelists that have been distributed by us may become superseded before you are provided with an updated pricelist. Accordingly, in the event of any inconsistency between the product pricing on a pricelist and the website, the product pricing on the website shall prevail. A delivery fee is charged which is determined by us according to your delivery address.

8. Errors

In the event of us identifying a material error in the description or pricing of any of our goods or services or the pricing on our website or in any pricelist, we may at our sole and absolute discretion not accept any order placed in reliance on the error.

9. Ordering and Payment

Orders must be placed not later than midday on the day prior to delivery. Payment terms are strictly payment by payment card or EFT at the time of ordering or payment by cash upon delivery. By submitting your order you warrant that you are over 18 years old, and in the event you nominate to pay by payment card or by EFT you further warrant that you are authorised to make payment with the payment card or by EFT (as the case may be) and there are sufficient funds available to pay for the order. Your offer to purchase goods is deemed to be accepted by us when you receive an order confirmation from us.

10. Deliveries

Delivery times & durations are displayed on our website and may be changed by us from time to time. Generally speaking, each day of the week is reserved for delivery to a specific geographical area. If when ordering you mistakenly select a delivery date that is inconsistent with the delivery day for the geographical area within which your delivery address is located, we may deliver to your delivery address on the corresponding delivery day for your geographical area as displayed on the website. On delivery to your delivery address the person receiving the goods at the delivery address will be provided with an itemised invoice showing the goods delivered. Unless you notify us otherwise, we are entitled to presume that any person located at the delivery address is authorised by you to receive delivery from us. If requested by us, the person receiving delivery may be required to provide identification and sign a duplicate copy of the itemised invoice to confirm receipt of the goods. In the event that nobody is at the delivery address to receive delivery of the goods the driver will keep the goods and may leave a note and/or try to telephone you. In such event we may elect to:

• effect delivery later that same day; or,
• the goods will be delivered on the next corresponding delivery day for the geographical area within which the delivery address is located,

in which event we reserve the right to charge an additional delivery fee. In the event that we attempt to effect delivery on three separate occasions (whether on the same day or different days) but nobody is at the delivery address to receive delivery of the goods we may leave the goods unattended at the delivery address to effect delivery. Upon delivery the price for the goods together with the delivery fee becomes a debt due and payable by you. In the event we fail to deliver on the delivery date our liability is limited to re-delivery at a later agreed time at no additional charge to you. To the extent permitted by law we are not liable for any loss or damage arising out of or in any way in connection with a failure by us to deliver the goods or services on time. If you ask us to deliver inside a premises then you are responsible for all loss or damage suffered by us in connection with our delivery of the goods beyond the entrance of the delivery address.

11. Returns and refunds

In the event an item is are delivered to you has:

• passed its Use by date; or
• has spoiled or is otherwise not fit to be consumed/used,

you may return it to us and we will provide you with a replacement item on the next delivery day for your geographical area at no additional cost to you. Ensuring the quality of our goods and services is important to us so we require the goods be returned to us so that we might in turn take the matter up with our suppliers to ensure we can continue to provide fresh quality products to you and our other customers.

12. Cancellation
    

Given we order daily from our suppliers to ensure the products are as fresh as possible when delivered to your delivery address, unfortunately we cannot accept cancellations later than midday on the day prior to the delivery date.

12. Risk and Ownership

Risk in the goods passes from us to you upon delivery of the goods to the delivery address. Ownership of the goods passes from us to you upon our receipt of payment for the goods and services in full.

14. General

• These terms and conditions are governed by the laws of the Republic of South Africa and you submit to the non-exclusive jurisdiction of the courts of South Africa.
• To the extent any of the provisions of these terms and conditions are illegal, void or otherwise unenforceable:
  • (i) it must be read down to such extent as may be necessary to ensure that it is not illegal, void or unenforceable and as may be reasonable in all the circumstances so as to give it a valid operation; and
  • (ii) if the provision or part thereof cannot be so read down, it must be severed without affecting the validity and enforceability of the remaining provisions of these terms and conditions.
• No relaxation, forbearance, delay or indulgence by us in enforcing any of the terms and conditions or the granting of time by us to you prejudices, affects or restricts our rights under the contract, nor does any waiver by us of any breach of the contract operate as a waiver of any subsequent or continuing breach of the contract.
• These terms and conditions constitute the entire contract between us and you and sets out a full statement of the rights and liabilities between the parties.
• The words “including” and “includes” shall be read as if followed by the words “without limitation”.
• To the extent permitted by law, save and except for the re-supply of the goods and services by us at a later date, we are not liable to you under this contract, at law, law of delict (including negligence), statute, in equity, restitution or otherwise for any loss or damage including, loss of use, loss of profit, loss of revenue, loss of production or business interruption that is connected with any claim arising under or in any way in connection with this contract.