This website is operated by Sweet and Soda (PTY) Ltd. Throughout the site, the terms “we”, “us” and “our” refer to Sweet and Soda (PTY) Ltd. Sweet and Soda (PTY) Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 8.1 - AMAZON AFFILIATE PROGRAM
Sweet and Soda (PTY)Ltd is a participant in the Amazon Services LLC Associates Program, an affiliate adverting program designed to provide a means for sites to earn advertising fees by advertising and linking to sweetandsoda.co.za and sweetandsoda.com.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Sweet and Soda (PTY) Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Sweet and Soda (PTY) Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 219 3rd Avenue
Laudium, Gauteng 0037, South Africa.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org
Exchange and Refund Policy
Our ultimate goal is for you, our valued customer to be completely satisfied with your purchase and thus we only sell quality branded goods and we are confident that you will be satisfied with every purchase you make.
We run our business in compliance with the Consumer Protection Act and our exchange and refund policy is in compliance with this Act.
ALL GOODS SOLD IN THIS SHOP ARE INTENDED FOR DOMESTIC USE ONLY UNLESS EXPLICITLY STATED OTHERWISE ON THE PACKAGING THEREOF.
Returns in case of Change of Mind or Mistake by Consumer
In the event of consumers wanting to return goods because they have changed their minds or purchased the incorrect product due to an error or mistake on their part, we are not obliged by law to accept returns and refund monies. However, where we choose at our sole discretion to accept such returns and refunds out of goodwill, such goods must still be in their original condition and packaging and may not have been used. You will also be required to present the original tax invoice.
CAREFULLY READ THE INDICATIONS OF PURPOSE AND OTHER NOTICES TO FAMILIARISE YOURSELF WITH THE USE FOR WHICH THE GOODS ARE INTENDED BEFORE PURCHASING THEM
Are any goods excluded from this return and refund policy?
By law, the goods we exclude from the returns and refund policy are:
- goods which are not inherently unsafe, there is no material defect in the goods, or the goods have failed while being used contrary to instructions or not for the indicated intended purpose;
- goods we do not ordinarily stock and have been purchased by way of special order will only be replaced if defective;
- goods which have been partially or entirely disassembled, physically altered, permanently installed, affixed, attached, joined or added to blended or combined with, or embedded within, other goods or property (including changing plugs, extending cords, or unscrewing any fastener;
- goods which have been intentionally or unintentionally damaged by the consumer, for example, by exposure to the elements, use of force on the product to replace batteries and other consumables, or used commercially when sold for domestic use only.
- goods considered “livestock”
What if the goods are unsuitable for the purpose I initially bought them for?
- As stated above, it is the consumer’s responsibility to familiarize themselves with the intended purpose of any goods stated on the packaging and there is no right to return any goods because they are unsuitable for another purpose than that stated on the packaging and in user documentation;
- If however you indicated a particular purpose for which you intend using the goods to a salesperson who confirmed in writing e.g. on a quotation, that you will be able to use the goods for that purpose, you may return the goods within 5 working days after you purchased them if it turns out that the goods are not suitable for the purpose you anticipated and indicated to the salesperson.
- Subject to our rights in law to charge you for use and to get the goods fit for re-stocking, we will give you a refund in credit form.
What can I do if the goods are defective?
- If your goods turn out to be materially defective within the first 6 months after you received them from us, we will repair them, replace them or give you a refund in credit as per the suppliers warranty and limitations.
- Due to the technical nature of most of the goods we sell it is not be possible to determine in-store whether goods have been damaged or what the cause of a failure or defect may be. This is of importance as it determines whether the goods may be repaired, replaced or refunded under warranty. Accordingly, we reserve the right to refer returned goods for technical assessment by the manufacturer or authorized service centre prior to repairing, replacing or refunding and to provide you with feedback within 10 working days of receipt of the returned goods and to act accordingly.
- If the goods fail or a defect manifests after the initial 6 month period from the date of sale thereof, in most cases the normal manufacturer’s warranty’s will apply as stated in the documentation provided with the goods, however, these are not guarantees offered by us and all decisions, repairs, replacements and refunds are undertaken by the manufacturer or importer at their discretion and all complaints in respect thereof should be directed to them.
- If the goods become defective once the manufacturer’s warranty has expired, we can in most cases arrange with the manufacturer or its agents to repair them. No repairs will be done without you approving a quotation first.
Are there any conditions that apply to manufacturers’ warranties?
As with all warranties, certain conditions and exceptions apply.
- Please take proper note of any terms or instructions that accompany your goods and make sure that all instructions are strictly followed as a failure to do so will result in the warranty being voided. This is applicable to all goods, but especially for appliances, lawnmowers, hand and power tools, and electronic gadgets and toys.
- Goods that show a manufacturing defect within the first 6 months of purchase will be repaired, replaced or refunded at the suppliers discretion.
- Defects that develop after 6 months may be repaired, replaced or refunded at the manufacturer’s election, and subject to the relevant manufacturer’s policy or extended warranty.
- The nature of the goods (size, technical specifications, etc.) often dictates where the repair will take place. For example, on site or at the manufacturer’s premises.
In what instances will the manufacturer’s warranty not apply?
The manufacturer’s warranty will only apply to defects in the process of manufacturing the goods and will not apply in the following instances:
- damage caused by lightning or power surges.
- goods used for a purpose other than the purpose for which they were manufactured.
- goods used contrary to their instruction manuals, such as misuse or abuse of the products
- accidental damage.
- Goods that have been partially or entirely disassembled or physically altered.
How will I be refunded?
Once we have accepted a return and approved a refund, you will receive the refund in the form of store credit.
There is an implied warranty on goods repaired out of warranty, which places an obligation on suppliers to warrant all new and reconditioned parts installed, for three months, in all repair work undertaken after the date of installation or longer, as the supplier may specify. Please note that we are not the repairer’s of any goods brought in to us for repair and this warranty is between you the consumer and the service agent or service centre although we will as far as is reasonable assist you in dealing with them.
Where goods are ordered online, or through our shops and have to be obtained for you or sent to you or anyone else, we cannot accept cancellations or offer refunds merely because there were delays outside our control in the obtaining of the goods or delivery thereof by the delivery service provider.
If time is of the essence then please inform us at the time of placing of the order so that we are aware thereof and can inform you of the possibility of meeting your expected due dates.
How do I return a product to your store?
If you are unsatisfied with your purchase, and meet the above mentioned disclaimer on returns where we have approved a return note, or if the item was received faulty/defective/broken/damaged in transport and/or wrongly delivered by us, please get in touch with us within 24 hours after your delivery by phoning the store on 012 374 6611. We will explain the return process to you and we will book a return courier from our side. In the event of a warranty claim, damaged goods or a mistake from our end, the courier service will be free of charge. If you however ordered a product that you no longer wish to keep, and meet our conditions for return policy and only after we approved the return, a small courier and handling fee will apply (calculated upon processing your return and communicated with you prior to booking the courier), alternatively you have the option to return items not qualified for a free return on our behalf with your own courier.
Responsibility for the delivery of goods
Please note that we use a third party to deliver, all of our orders are delivered by The Courier Guy, once you purchase from us the responsibility and successful completion of your delivery lies with The Courier Guy. Please familiarise yourself with The Courier Guy's terms and conditions which can be viewed by clicking on the link below.