Terms and Conditions

The website https://www.healthchox.co.za  is managed and owned by Cupcake Couture (Pty) Ltd, registration number 2012/130685/07, trading as Health Chox registered in the Republic of South Africa. Health Chox, a Chocolatier provides a service to its customers by providing them with a safe and user friendly platform to trade. The Customer agrees to be bound by the Terms and Conditions of this website on creation of a customer account. The Terms and Conditions is a legally binding document.

Health Chox reserves the right to make any modifications from portions or the whole of these Terms and Conditions as Health Chox deems fit. These changes come into immediate effect once posted to the website. It is the Customer’s responsibility to check these Terms and Conditions from time to time, on the website for modifications. A Customer’s continuous use of this website once modifications have been posted will be considered notice of the Customer’s acceptance to adhere to and be bound by these Terms and Conditions. Including such modifications.

  1. BINDING EFFECT

This is a binding agreement between you and Health Chox. By using the Internet site located at https://www.healthchox.co.za/ , you agree to abide by these Terms of Use. If at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of it.

  1. PRIVACY POLICY.

We respect your privacy and permit you to control the treatment of your personal information. A complete statement of our current privacy policy can be found by clicking here. Our privacy policy is expressly incorporated into this Agreement by this reference.

  1. GOVERNING LAW.

These Terms of Use shall be construed in accordance with and governed by the laws of South Africa, without reference to rules regarding conflicts of law. This Site is intended for use by individuals based in South Africa. Should users outside of South Africa access the website, they do so at their own risk and are responsible for compliance with related local laws and regulations.

  1. MINIMUM AGE.

You must be at least 18 years old to access and participate on this site. You guarantee and warrant you are at least 18 years old and are able to enter into this Agreement from a legal perspective.

  1. EMAIL COMMUNICATIONS.

When you contact us, you expressly consent and agree to receive email responses from us. These email communications may be commercial or non-commercial in nature. Non-commercial emails may include, but are not limited to, administrative issues and announcements of changes to these Terms, the Privacy Policy or other site documentation.

  1. USER CONTENT.

By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content to the site, you are granting Health Chox, its affiliates, officers, directors, employees, consultants, agents, and representatives a permanent, non-exclusive license to use User Content in connection with the operation of the Internet businesses of Health Chox, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Health Chox may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

  1. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS

When accessing the site, you agree to respect the intellectual property rights of others. Your use of the site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

  1. INAPPROPRIATE CONTENT

You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libellous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; (c) advertises or otherwise solicits funds or is a solicitation for goods or services; or (d) provides medical advice to other users. Health Chox reserves the right to terminate your receipt, transmission, or other distribution of any such material using the site, and, if applicable, to delete any such material from its servers. Health Chox intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms or of any applicable laws.

  1. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS

When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your account. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

  1. NO WARRANTIES

We hereby disclaim all warranties. We are making the site available “as is” without warranty of any kind. You assume the risk of any and all damage or loss from use of, or inability to use, the site or the service. To the maximum extent permitted by law, we expressly disclaim any and all warranties, express or implied, regarding the site, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or noninfringement. We do not warrant that the site or the service will meet your requirements or that the operation of the site or the service will be uninterrupted or error-free.

  1. LIMITED LIABILITY

Our liability to you is limited. To the maximum extent permitted by law, in no event shall we be liable for damages of any kind (including, but not limited to, special, incidental, or consequential damages, lost profits, or lost data, regardless of the foreseeability of those damages) arising out of or in connection with your use of the site or any other materials or services provided to you by us. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

  1. AFFILIATED SITES

We have no control over and no liability for any third party websites or materials. We work with a number of partners whose Internet sites may be linked with the Site. Because we have no control over the content and performance of these partner and affiliate sites, we make no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that we make no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

  1. PROHIBITED USES

We impose certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” “crashing” or instituting a “DDOS” attack on the Site; (d) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Site. Any violation of system or network security may subject you to civil and/or criminal liability.

  1. INDEMNITY

You agree to indemnify us for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Health Chox, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

  1. COPYRIGHT

All contents of Health Chox are: Copyright © 2018- Cupcake Couture Pty (Ltd). You may view and print content from Health Chox solely for private use. In no way can the content of Health Chox be used for commercial purposes. All content of this site is the property of Health Chox, who are protected by local laws.

  1. SEVERABILITY; WAIVER

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

  1. NO LICENSE

Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by us or by any third party.

  1. AMENDMENTS

Health Chox reserves the right to amend these Terms. Should Health Chox seek to make such an amendment, which we determine is material in our sole discretion, we shall:

(a) Provide you notice by email of said change 15 days prior to the change going into force, and
(b) Publish on the home page the fact an amendment will be made.

Should a court of competent jurisdiction rule this Amendment provision invalid, then this Amendment clause shall be terminated as part of this agreement. All amendments to the Terms shall be forward looking.

  1. AVAILABILITY OF PRODUCTS

All images of our chocolates and related products are of a descriptive nature. The actual product may vary from the images on the site.

  1. PROCESSING OF ORDERS

Orders will only be processed and dispatched once full payment is received. Orders placed on weekends and public holidays will only be processed on the next working day.

  1. DELIVERY

Orders will be delivered once payment is received by Health Chox. All deliveries are sent via The Courier Guy to South African customers and via the South African Post office to U.S.A customers. For our overseas customers delivery is within 1-4 weeks once your order has been dispatched. For our South African customers orders will arrive on the same day, or 1-3 business days once it has been dispatched. Delivery time is dependent on your location within S.A.  If an order is placed on a non-working day i.e. public holidays or weekends then the order will only be dispatched on the next working day. Orders can be dispatched on the same day subject to product availability. We strive to ensure that your order is delivered to you within no more than 4 -5 working days. If however there is a delay for reasons beyond our control, Health Chox will notify you of this. Health Chox will not be held liable for undelivered orders due to a Customer supplying an incorrect address. Please bear in mind that although we do our best to send out orders as soon as payment is cleared, our products are handmade and take time to make. Certain products with a shorter shelf life are only prepared once an order is placed. Therefore certain orders cannot be dispatched on the same day. However stock is kept on hand of certain products.

If a customer would prefer, we offer a Local Pickup Option in Parlock, Durban. An order can be collected on the same day or 2-3 business days once payment is received, subject to product availability.

 

  1. PRICING AND PAYMENT OPTIONS:

Health Chox offers two payment options. (a)EFT or direct bank deposit (b)Payfast Payment Gateway, which allows for payment with a Credit card, Debit cards, Instant EFT and Masterpass.

Every sale is processed in South African Rands (ZAR). All payments made via Health Chox website are encrypted using a Secure Sockets Layer (SSL). All transactions use the highest strength 2048-bit signatures with 256 bit encryption. This means that any data you submit to Health Chox over an https connection will be securely encrypted with the strongest available algorithms. The SSL certificate used by Health Chox carries a $10,000 warranty to further protect customer purchases. Health Chox has choosen Comodo SSL, as customer security is our highest priority. The SSL certificate can be viewed by clicking on the Commodo SSL logo found at the bottom of every webpage.

Customers paying via EFT or a direct bank deposit must ensure that they use their Order No. as a reference. Proof of payment must be emailed to info@healthchox.co.za. Our banking details can be found once you select Direct Bank Transfer on the Checkout page.

The final price on the checkout page with delivery is the only charge, there are no additional charges to the customer.

Health Chox reserves the right to change prices without prior notice.

 

  1. RETURNS & REFUNDS POLICY:

Once you make a purchase with Health Chox, Legal obligations arise. Your right to a refund of money charged to your method of payment agreed upon by Health Chox is limited by our Terms and Conditions. Health Chox reserves the right to refund or replace a product subject on the problem that may arise. The customer must ensure that a complaint is lodged with us on the day the product arrives. And send a photo of the product in question. Returned goods will be couriered at the expense of the customer.

Neither ourselves, nor any courier or carrier service that we use shall be liable for any failure to perform. Where such failure or delay results from any circumstances outside of our reasonable control. These circumstances to include but not be limited to any adverse weather conditions such as snow, flood, extreme winds, fire, explosion, accident, traffic congestion, obstruction of any private or public highway, riot, terrorism, act of God, or from any industrial dispute or strike.

 

  1. COUPONS AND VOUCHERS:

Vouchers and coupons cannot be exchanged for cash. We reserve the right to discontinue any voucher or coupon without prior notice and no reimbursement will be offered. If we suspect any fraud on your account Health Chox will suspend the account.

 

  1. CONTACT DETAILS

Durban, Kwa-Zulu Natal, South Africa, 4000

Email:info@healthchox.co.za

Telephone number: +27 72 470 1141

If you require further information please call us or email us on the details above.