Niche Greens Terms and Conditions
Effective Date: [April 2025]
1. Introduction
1.1 About Us
Niche Greens (Pty) Ltd, registration number , operates the website [www,nichegreens.co.za] (“the Website”). These Terms and Conditions (“Terms”) govern the sale and delivery of goods and services by Niche Greens to customers who place orders on the Website. By using the Website, you agree to be legally bound by these Terms.
1.2 Definitions
In these Terms:
- “Account”: The account you must register for on the Website to place an order.
- “Acknowledgement”: Our confirmation of your order via delivery.
- “Business Day”: Any day that is not a Saturday, Sunday, or public holiday in South Africa.
- “Confirmation of Order”: Our email accepting your order, subject to the delivery terms.
- “Contract”: The agreement formed when we accept your order in accordance with these Terms.
- “Customer”: The individual placing an order on the Website.
- “Liability”: As defined in Clause 7 of these Terms.
- “Order”: Your submission to purchase an item from the Website.
- “You”: The customer placing an order.
- “We”: Niche Greens (Pty) Ltd, trading as Niche Greens.
1.3 Intellectual Property
These Terms are the intellectual property of Niche Greens. Unauthorized use, including commercial use by third parties, is prohibited and may result in legal action.
2. Eligibility
2.1 Age Requirement
You must be at least 18 years old to place an order on the Website. By using the Website, you confirm that you meet this requirement.
3. Application of Terms
3.1 Binding Agreement
These Terms apply to all orders placed on the Website. By submitting an order, you agree to be bound by these Terms.
4. Placing an Order
4.1 Account Registration
To place an order, you must create an account on the Website and follow the instructions provided.
4.2 Checkout Process
During checkout, the total amount payable, including any additional charges, will be displayed. Payment must be made using one of the methods available on the Website, subject to Niche Greens’ discretion.
4.3 Payment Confirmation
Once payment is successfully processed, you will receive an email confirmation.
4.4 Accuracy of Information
You agree to provide accurate and complete details for your order. The payment method used must belong to you, and sufficient funds or credit must be available to cover the purchase.
4.5 Order Validity
Your order remains valid as an offer until we deliver the items to you.
4.6 Stock Availability
While we make every effort to monitor stock levels, we cannot guarantee availability. Prices and stock are subject to change without notice.
5. Delivery
5.1 Delivery Timeframe
We aim to deliver your order within the agreed timeframe. Deliveries are only made to the address specified in your order.
5.2 Late Delivery
We will notify you if we anticipate a delay. However, we are not liable for any losses or damages arising from late delivery.
5.3 Failed Delivery
If you are unavailable to accept delivery, we may leave instructions for re-delivery, which may incur additional charges.
6. Cancellations and Returns
6.1 Cancellation by Us
We reserve the right to cancel an order if we suspect fraud or other irregularities.
6.2 Faulty Items
If an item is faulty, you must keep it in its original condition and make it available for inspection within a reasonable time.
6.3 Refunds
No cash refunds will be issued. Instead, a credit will be applied to your account for future purchases.
6.4 Returns Policy
Special conditions for returning defective or faulty items apply, as outlined in our Returns Policy, which complies with the Consumer Protection Act 68 of 2008.
7. Limitation of Liability
7.1 Accuracy of Information
While we strive to ensure all information on the Website is accurate, we are not liable for any direct, indirect, incidental, or consequential losses resulting from inaccuracies.
8. Guarantees and Complaints
8.1 Service Standards
We will perform our obligations under these Terms with reasonable skill and care.
8.2 Complaints
For any complaints, please email us at [sales@nichegreens.co.za]. Provide as much detail as possible, including your order number. We aim to respond within 5 business days.
9. General Provisions
9.1 Effective Date
These Terms are effective from the date of publication on the Website. We recommend printing and retaining a copy for your records.
9.2 Severability
If any clause is found to be invalid or unenforceable, the remaining clauses will remain in full force and effect.
9.3 No Partnership or Agency
These Terms do not create a partnership, agency, or employer-employee relationship between you and Niche Greens.
9.4 Record Keeping
A full record of all transactions will be maintained on the Website for 12 months.
9.5 Copyright
All content on the Website, including these Terms, is the intellectual property of Niche Greens. All rights are reserved.
9.6 Electronic Communications
By creating an account, you consent to receiving electronic communications from Niche Greens for marketing purposes.
9.7 Compliance with Laws
These Terms are subject to the Electronic Communications and Transactions Act 25 of 2002. Any conflicting terms will be modified to comply with the Act.
10. Amendments
10.1 Changes to Terms
We reserve the right to amend these Terms at any time. All changes will be posted on the Website. It is your responsibility to review the Terms before placing an order. If you do not agree with the changes, you must refrain from using the Website.
11. Disclaimer
11.1 Liability
Except as required by the Consumer Protection Act 68 of 2008 or the Electronic Communications and Transactions Act, Niche Greens is not liable for any damages, losses, or liabilities arising from the use or inability to use the Website.
11.2 No Warranties
We make no warranties, express or implied, regarding the accuracy, reliability, or uninterrupted operation of the Website.
12. Addendums
12.1 Private Cannabis Club
Additional terms related to the Niche Greens Private Cannabis Club, including membership agreements and constitutions, are available upon request.
By using the Website and placing an order, you acknowledge that you have read, understood, and agree to these Terms and Conditions. If you have any questions, please contact us at [sales@nichegreens.co.za].
Note: These Terms are subject to change. Always review the latest version before placing an order.