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Terms & Conditions

A legal disclaimer

1. Introduction

These Terms and Conditions (“Terms”) govern your access to and use of the Fresh Point Africa website (“the Website”) and the purchase of any products offered through it.

By accessing, browsing, or using this Website, or by placing an order for products, you agree to be bound by these Terms. If you do not agree to these Terms, you must refrain from using this Website.

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2. Definitions

For the purposes of these Terms:

  • “Company”, “we”, “us”, or “our” refers to Fresh Point Africa.

  • “User”, “you”, or “your” refers to any individual accessing or using the Website.

  • “Products” refers to fresh produce and related goods offered for sale on the Website.

  • “Order” refers to a request submitted by you to purchase Products from the Website.

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3. Eligibility to Use the Website

By using this Website, you warrant that:

  • You are at least 18 years of age;

  • You have the legal capacity to enter into binding agreements;

  • The information you provide is accurate, complete, and up to date.

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4. Products and Availability

Fresh Point Africa supplies fresh produce and related products. Due to the nature of fresh goods:

  • Product availability may vary;

  • Images are for illustrative purposes only;

  • Size, colour, and appearance may differ from images displayed;

  • We reserve the right to substitute items of equal or greater value where necessary.

We reserve the right to discontinue or modify any product without prior notice.

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5. Pricing and Payment

All prices are displayed in South African Rand (ZAR) and are inclusive of VAT where applicable, unless otherwise stated.

Fresh Point Africa reserves the right to:

  • Modify pricing at any time without prior notice;

  • Correct pricing errors;

  • Cancel orders arising from obvious pricing inaccuracies.

Payment must be made in full at the time of placing an order through approved payment methods available on the Website.

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6. Order Acceptance

An Order placed through the Website constitutes an offer to purchase Products.

Fresh Point Africa reserves the right to:

  • Accept or reject any Order at its discretion;

  • Cancel an Order if Products are unavailable;

  • Cancel an Order if payment authorisation fails.

A binding agreement is formed only once we confirm acceptance of your Order.

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7. Delivery

Delivery times are estimates and are not guaranteed. While we aim to deliver Products within the indicated timeframe, delays may occur due to circumstances beyond our control.

Risk in the Products passes to you upon delivery. You are responsible for ensuring that someone is available to receive the delivery at the specified address.

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8. Returns and Refunds

Due to the perishable nature of fresh produce:

  • Returns may be limited;

  • Refunds or replacements may be provided at our discretion where Products are defective, damaged, or incorrect upon delivery.

Any concerns regarding quality or condition must be reported within 24 hours of delivery, accompanied by supporting evidence (e.g., photographs).

Refunds, where applicable, will be processed via the original payment method.

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9. User Conduct

You agree not to:

  • Use the Website for unlawful purposes;

  • Interfere with the operation or security of the Website;

  • Attempt unauthorised access to systems or data;

  • Submit false or misleading information.

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10. Intellectual Property

All content on this Website, including text, graphics, logos, images, and design elements, is the property of Fresh Point Africa or its licensors and is protected by applicable intellectual property laws.

No content may be copied, reproduced, or distributed without prior written consent.

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11. Limitation of Liability

To the fullest extent permitted by law:

Fresh Point Africa shall not be liable for any indirect, incidental, special, or consequential damages arising from the use of the Website or the purchase of Products.

Nothing in these Terms excludes liability where such exclusion is not permitted under applicable law, including the Consumer Protection Act, 2008 (South Africa).

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12. Consumer Protection Compliance

These Terms are subject to the provisions of the Consumer Protection Act, 68 of 2008 (CPA) and other applicable South African legislation. Where any provision of these Terms conflicts with applicable law, such legislation shall prevail.

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13. Privacy

Your use of this Website is also governed by our Privacy Policy, which outlines how we collect and process personal information in compliance with the Protection of Personal Information Act, 4 of 2013 (POPIA).

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14. Amendments

Fresh Point Africa reserves the right to amend these Terms at any time. Updated Terms will be published on this Website and will take effect immediately upon publication.

Your continued use of the Website constitutes acceptance of any revised Terms.

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15. Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa.

Any disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of South Africa.

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16. Contact Information

For any questions regarding these Terms and Conditions, please contact us through the contact details provided on our Website.

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