All references to “the Company“, “we“, “us” and “our” in these terms and conditions are deemed to refer to Rhubee’s Chocolatiers of Distinction CC , registration number 2009/105520/23, registered address at 20A Village Road, Kloof, 3610.

All references to “you” and “your” are deemed to refer to any user and/or visitor of www.rhubees.co.za (“Website“).

These terms and conditions (“Terms and Conditions“) govern 1) your use of the website; and 2) your use of the forum.

1.    Acceptance of terms

1.    The Company permits the use of this Website subject to the Terms and Conditions (“Terms and Conditions“). By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.

2.    Use of the Website

1.    You may only use the Website if you are 18 years of age or older. If you are under 18, you may use the Website only with the involvement of your parent or legal guardian.

2.    You agree that you will not use any device, software or other instrument to interfere or attempt to interfere with the proper working of this Website. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Company representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).

3.    You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.

4.    You may not display, publish, copy, print, post or otherwise use the Website and/or the information contained therein for the benefit of any other website without the express prior written consent of an authorised Company representative.

3.    Ownership and copyright

1.    The contents of this Website, including any information, software, icons, text, graphics, lay-outs, images, sound clips, trade names, logos, trade marks and service marks are protected by law, including but not limited to copyright and trade mark law, and are owned by or licensed to the Company.

2.    No licence or right in any of such contents is granted to or conferred upon you. Any unauthorised use, distribution or reproduction of the said contents is prohibited. To obtain permissions for the commercial use of any content on this site contact admin@rhubees.co.za via email.

4.    Disclaimer

1.    Any person who accesses this Website or relies on this Website or on the information contained in this Website does so at his or her own risk.

2.    While the Company takes reasonable measures to ensure that the contents of this Website are accurate and complete, the Company makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of this Website or as to the accuracy, completeness or reliability of any information on this Website.

3.    All information provided on this website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.

4.    The Company does not accept any responsibility for any errors or omissions on this Website.

5.    In addition to the disclaimers contained elsewhere in these Terms and Conditions, the Company also makes no warranty or representation, whether express or implied, that the information or files available on this Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise or jeopardise the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way.

5.    Linked third party websites

1.    This Website may contain links or references to other websites (“Third Party Websites“) outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and the Company is not responsible for the practices and/or privacy policies of those Third Party Websites or the cookies that those sites may use.

2.    Notwithstanding the fact that this website may refer to or provide links to third party websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.

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6.    Privacy policy

Rhubee’s Chocolatiers services, including (without limitation) our website and other interactive properties through which the services are delivered (collectively, the “Service”) are owned, operated and distributed by Rhubee’s Chocolatiers (referred to in this Privacy Notice as “Rhubee’s Chocolatiers” or “we” and through similar words such as “us,” “our,” etc.). This Privacy Notice outlines the personal information that Rhubee’s Chocolatiers may collect, how Rhubee’s Chocolatiers uses and safeguards that information, and with whom we may share it.

Rhubee’s Chocolatiers encourages its customers, visitors, business associates, and other interested parties to read this Privacy Notice, which applies to all users. By using our Service or submitting personal information to Rhubee’s Chocolatiers by any other means, you acknowledge that you understand and agree to be bound by this Privacy Notice, and agree that Rhubee’s Chocolatiers may collect, process, transfer, use, and disclose your personal information as described in this Notice. Further, by accessing any part of the Service, you are agreeing to THE TERMS AND CONDITIONS OF OUR TERMS OF SERVICE (the “Terms of Service”). IF YOU DO NOT AGREE WITH ANY PART OF THIS PRIVACY NOTICE OR OUR TERMS OF SERVICE, PLEASE DO NOT USE ANY OF THE SERVICES.

What personal information do we collect about you?

Personal information (also commonly known as personally identifiable information (PII) or personal data) is information that can be used to identify you, or any other individual to whom the information may relate.

The personal information that we collect directly from those registering for the Service, includes the following categories:

• Name and contact information (e.g. address; phone number; email);

• Billing Information (e.g. credit card, bank account, billing contact information);

• Order Information (e.g. current order/purchase information, purchase history, shipping details);

• Geographic or location information;

• Information contained in posts you may on the public forums and interactive features of the Service;

• Other information that may be exchanged in the course of engaging with the Service. You will be aware of any subsequently collected information because it will come directly from you.

Collection of User Generated Content

We may invite you to post content on the Service, including your comments and any other information that you would like to be available on the Service, which may become public (“User Generated Content”). If you post User Generated Content, all of the information that you post will be available to authorized personnel of Rhubee’s Chocolatiers. You expressly acknowledge and agree that we may access in real-time, record and store archives of any User Generated Content on our servers to make use of them in connection with the Service. If you submit a review, recommendation, endorsement, or other User Generated Content through the Service, or through other websites including Facebook, Instagram, Google, and other similar channels, we may share that review, recommendation, endorsement or content publicly on the Service.

What are the sources of personal information collected by Rhubee’s Chocolatiers?

When providing personal information to Rhubee’s Chocolatiers as described in this Notice, that personal information is collected directly from you, and you will know the precise personal information being collected by us. Rhubee’s Chocolatiers does not collect personal information from any other sources, except where it may automatically be collected as described in the section titled “Cookies, Device Data, and How it is Used, if the information in that section is considered personal information.

Why does Rhubee’s Chocolatiers collect your personal information?

Subject to the terms of this Privacy Notice, Rhubee’s Chocolatiers uses the above described categories of personal information in several ways. Unless otherwise stated specifically, the above information may be used for any of the following purposes:

• to administer the Service to you;

• to respond to your requests;

• to distribute communications relevant to your use of the Service, such as system updates or information about your use of the Service;

• as may be necessary to support the operation of the Service, such as for billing, account maintenance, and record-keeping purposes;

• to send to you Rhubee’s Chocolatiers solicitations, product announcements, and the like that we feel may be of interest to you. Please note that you may “opt-out” of receiving these marketing materials;

• in other manners after subsequent notice is provided to you and/or your consent is obtained, if necessary;

• Rhubee’s Chocolatiers does not sell, re-sell, or distribute for re-sale your personal information.

How do we share your Personal Information with third parties?

If you agree to this in writing, we may provide any of the described categories of personal information to Rhubee’s Chocolatiers employees, consultants, affiliates or other businesses or persons for the purpose of processing such information on our behalf in order to provide the Service to you. In such circumstances, we require that these parties agree to protect the confidentiality of such information consistent with the terms of this Privacy Notice.

We will not share your personal information with other, third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature which you will specifically be able to opt-out of.

In addition, we may release personal information: (i) to the extent we have a good-faith belief that such action is necessary to comply with any applicable law; (ii) to enforce any provision of the Terms of Service, protect ourselves against any liability, defend ourselves against any claims, protect the rights, property and personal safety of any user, or protect the public welfare; (iii) when disclosure is required to maintain the security and integrity of the Service or to protect any user’s security or the security of other persons, consistent with applicable laws (iv) to respond to a court order, subpoena, search warrant, or other legal process, to the extent permitted and as restricted by law; or (v) in the event that we go through a business transition, such as a merger, divestiture, acquisition, liquidation or sale of all or a portion of our assets.

Direct Marketing Communications

We may communicate with you using email, SMS, WhatsApp and other channels (sometimes through automated means) as part of our effort to market our products or services, administer or improve our products or services, or for other reasons stated in this Privacy Notice. You have an opportunity to withdraw consent to receive such direct marketing communications, as permitted by law.

If you no longer wish to receive correspondence, emails, or other communications from us, you may opt-out by submitting a request, or by using the UNSUBSCRIBE link in any email communication you may have received.

Please note that you may continue to receive non-marketing communications as may be required to maintain your relationship with Rhubee’s Chocolatiers.

In addition to the communication described here, you may receive third-party marketing communications from providers we have engaged to market or promote our products and services. These third-party providers may be using communications lists they have acquired on their own, and you may have opted-in to those lists through other channels. If you no longer wish to receive emails, SMSs, WhatsApp or other communications from such third parties, you may need to contact that third party directly.

Retention of Data

Rhubee’s Chocolatiers will retain your personal information only for as long as is necessary for the purposes set out in this Notice. We will retain and use personal information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies.

Rhubee’s Chocolatiers will also retain usage data for internal analysis purposes. Usage data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Sites and/or Portals, or we are legally obligated to retain this data for longer periods.

South African Privacy Rights

If you are a South African resident, South African law may provide you with certain rights with regard to your personal information under the Protection of Personal Information Act (“POPIA”) and Promotion of Access to Information Act (“PAIA”) as well the Consumer Protection Act. Throughout this Privacy Notice you will find information required by POPIA regarding the categories of personal information collected from you; the purposes for which we use personal information, and the categories of third parties your data may be shared with. This information is current as of the date of the Notice and is applicable in the 12 months preceding the effective date of the Notice.

As a South African resident, the POPIA and PAIA provide you the ability to make inquiries regarding to your personal information. Specifically, the degree to which the information is not already provided in this Privacy Notice, you have the right to request disclosure or action your personal information, including:

• If your personal information is collected by us.

• The specific pieces of personal information collected about you.

• The ability to correct or delete certain personal information collected about you.

• The ability to delete all the personal information collected about you, subject to certain exceptions.

• To opt-in or opt-out of direct marketing to you.

• in other manners after subsequent notice is provided to you and/or your consent is obtained, if necessary;

• To object to processing of your personal information, or

• Appeal any rejection of access to your personal information

You may submit a request regarding your rights under POPIA or PAIA by submitting a requestor by contacting us at one of the following: https://rhubees.co.za/contact in order to allow us to resolve the matter. In addition, if you are located in the Republic of South Africa, you may submit a complaint regarding the processing of your personal information to the Information Regulator at the following link: https://www.justice.gov.za/inforeg/contact.html.

Information Storage and Security

We employ industry-standard and/or generally accepted security measures designed to secure the integrity and confidentiality of all information submitted through the Service. However, the security of information transmitted through the internet or via a mobile device can never be guaranteed. We are not responsible for any interception or interruption of any communications through the internet or for changes to or losses of data.

Users of the Service are responsible for maintaining the security of any password, user ID or other form of authentication involved in obtaining access to password protected or secure areas of the Service. In order to protect you and your information, we may suspend your use of any of the Service, without notice, pending an investigation, if any breach of security is suspected.

External Links

The Service may contain links to other websites maintained by third parties. Please be aware that we exercise no control over linked sites and Rhubee’s Chocolatiers is not responsible for the privacy practices or the content of such sites. Each linked site maintains its own independent privacy and data collection policies and procedures, and you are encouraged to view the privacy policies of these other sites before providing any personal information.

You hereby acknowledge and agree that Rhubee’s Chocolatiers is not responsible for the privacy practices, data collection policies and procedures, or the content of such third-party sites, and you hereby release Rhubee’s Chocolatiers from any and all claims arising out of or related to the privacy practices, data collection policies and procedures, and/or the content of such third-party sites.

Changes to this Privacy Notice

Rhubee’s Chocolatiers reserves the right to modify this Privacy Notice from time to time in order that it accurately reflects the regulatory environment and our data collection principles. When material changes are made to this Privacy Notice, Rhubee’s Chocolatiers will post the revised Notice on our website. This Privacy Notice was last modified as of July 2021.

Contact Us

If you have any questions or comments you may request access, correction or deletion of your information by contacting our Information

Officer:  Jacqui Mylroie – Email: jacqui@celtico.co.za

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7.    Limitation of liability

1.    THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL INJURY, LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, ANY MATERIAL OR CONTENT CONTAINED IN, OR INABILITY TO USE, AND/OR UNLAWFUL ACTIVITY ON, THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

2.    YOU HEREBY INDEMNIFY THE COMPANY AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

8.    Changes to these Terms and Conditions

The Company reserves the right to update and/or amend the Terms and Conditions from time to time and without any notice, and you are accordingly encouraged to check the Website regularly. Any such change will only apply to your use of this Website after the change is displayed on this Website. If you use this Website after such updated or amended Terms and Conditions have been displayed on this Website, you will be deemed to have accepted such updates or amendments.

1.    Availability and termination

1.    We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserve the right to discontinue providing the Website or any part thereof with or without notice to you.

2. The Company may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that the Company will not be liable to you in the event that it chooses to suspend, modify or terminate this Website.

2.    Governing Law

These Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.

1.    Terms & Conditions of Sale

1.    Payment

1.    Payment can be made via the Website by –

1.    Instant EFT or Credit Card via PayFast

2.    Once you accept these Terms and Conditions of Sale, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.

2.    Privacy

We take the security for your payment and personal information seriously. In this regard, you will be provided with a security certificate once you accept these terms and conditions of sale. All personal information that you provide to us is subject to our Privacy Policy. However, due to the nature of the internet, we cannot guarantee that your communications will be free from unauthorised access by third parties. Accordingly, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES ARISING FROM THIRD PARTIES’ UNAUTHORISED ACCESS OF YOUR DATA.

1.    Cancellation and Refund

1.    You are entitled to cancel your order for the Goods, without penalty, at any time prior to the Goods having been delivered to you. In such an event –

1.    you will receive a full refund of the purchase price within 3 days of the date of cancelling this agreement;

2.    your agreement of purchase will be deemed to have been cancelled, and

2.    The Company will deliver the Goods to you as soon as reasonably possible, we aim to deliver within 3 days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. If you elect not to proceed with your order, we will reimburse you with the purchase price within 3 days of having informed you that we are not able to deliver the Goods during the Delivery Period.

2.    Returns

1.    Due to the nature of our business, we do not accept returns on our chocolates. If any of our other Goods are defective in any way this must be reported as soon as reasonably possible after the product having been delivered to you and must be returned to us within a period of 7 days after delivery. If the Goods are not the same as what was ordered this must be reported within 24 hours of delivery. Any damage must also be immediately reported, within 24 hours of delivery.

2.    If the Goods have been approved for return, we will notify you and either arrange for our couriers to collect the item from you or request that you post it back to us or ask you to return the item to our current warehouse location, dependent on your original order’s shipping method.

3.    If you are returning Goods via courier or post office please package it carefully so that it does not become damaged enroute. Please include the copy of your original invoice with any return.

3.    Breach

1.    If any party (“Defaulting Party“) breaches any of these terms and conditions and fails to remedy such breach within 14 (fourteen) days of receipt of notice to remedy the breach, the aggrieved party shall be entitled to claim specific performance or to cancel this agreement forthwith upon written notice to the defaulting party, without prejudice to its right to recover:

2.    any amounts that may be due to it in terms of this agreement; and

3.    any loss or damage suffered as a consequence of the breach or the cancellation of this agreement.

4.    Governing law and jurisdiction

1.    Our relationship and/or any dispute arising from or in connection with these terms and conditions of sale shall be governed by the laws of the Republic of South Africa. You agree to be subject to the exclusive jurisdiction of the South African courts.

5.    Notices

1.    The Company hereby selects 20A Village Road, Kloof, 3610 as its address for the service of all formal notices and legal processes in connection with these terms and conditions of sale (“domicilium“). You hereby select the address specified on the Goods order form as your Either party may change its domicilium to any other physical address by not less than 7 days’ notice in writing to the other party. Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –

2.    by hand will be deemed to have been received on the date of delivery;

3.    by prepaid registered post, will be deemed to have been received 10 days after the date of posting;

4.    by telefax before 16h20 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h20 or on a day which is not a business day will be deemed to have been received on the following business day; and

5.    by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” function to serve as proof that an email has been received.

6.    General

1.    You may not cede, assign or otherwise transfer your rights and obligations in terms of these terms and conditions of sale to any third party.

2.    Any failure on the part of you or the Company to enforce any right in terms hereof shall not constitute a waiver of that right.

3.    If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

4.    No variation, addition, deletion, or agreed cancellation of these terms and conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.

5.    No indulgence, extension of time, relaxation or latitude which any party (“the grantor“) may show grant or allow to the other (“the grantee“) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.

6.    These terms and conditions of sale, read together with the Terms and Conditions of Use of the Website, the Terms and Conditions of Use of the Forum, and our Privacy Policy contain the whole agreement between you and the Company and no other warranty or undertaking is valid, unless contained in this document between the parties.