1. General

1.1) The offer and sale of products with the brand “Château Gâteaux” or the like (the “Products”), marketed, manufactured, distributed and/or sold by Château Gâteaux (Pty) Ltd, registration number 1999/014744/07 of 1 Imvubupark Close, Riverhorse Valley Business Estate, Effingham, Durban, KwaZulu-Natal, South Africa (the “Seller”) as the exclusive manufacturer and distributor of the Products, through the Château Gâteaux Retail Stores (the “Site”). The offering and the sale of the Products at the Site constitutes the “Service. The Site and the Service are governed by these general terms and conditions (“Terms and Conditions”).
1.2) This Site is operated by the Seller. Throughout the Site, the terms “we” and “us” refer to the Seller. The Seller offers this Site, 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.
1.3) By visiting the Site and/ or purchasing something from us, you engage in our Service and agree to be bound by the following Terms and Conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
1.4) Please read these Terms and Conditions carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms and Conditions. If you do not agree to all the Terms and Conditions, then you may not access the Site or use our Service. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.
1.5) Any new features or products which are added to the current Site shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions 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 Site following the posting of any changes constitutes acceptance of those changes.

2. The Business Policy of the Seller

2.1) The Seller offers Products for sale at the Site and makes available Services exclusively to users of the Site, which are qualifiable as “consumers” (users of the Site hereinafter referred to as “Buyers” and each of them “Buyer”). The term “consumer” shall mean any individual who is acting for purposes which are outside of their trade, business or professional activity, on the contrary, the term “professional” shall mean any individual who is acting for purposes connected to their trade, business or professional activity.
2.2) If the potential Buyer, does not fall under the definition of “consumer” but, on the contrary, can be qualified as a “professional “, according to clause 6.1, such Buyer is advised to refrain from entering into commercial transactions on the Site.
2.3) In view of its commercial policy, the Seller reserves the right not to process orders from Buyers who are not “consumers” and/or any other order which does not comply with its trade policy and/or is not in line with these Terms and Conditions.
2.4) These Terms and Conditions regulate the relationship between each Buyer and the Seller, with reference to the offer, transmission and acceptance of purchase orders for Products addressed to the Seller through the Site.
2.5) These Terms and Conditions do not regulate the supply of services or the sale of products performed or provided by parties, other than the Seller.

3. Billing Accuracy and Account Information

3.1) 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.
3.2) Cancellation of, changes to, or limitation of orders may include, but are not limited to, orders placed by or under the same 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 /phone number provided at the time the order was made and you will be given an opportunity to cancel the order or accept the order in its amended form. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by persons who are not “Consumers”, such as, but not limited to, dealers, resellers or distributors.
3.3) You agree to provide current, complete and accurate purchase and account information for all purchases made at the Site. You agree to promptly update your account and other information, including, but not limited to, your email address, physical address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
3.4) For more detail, please review our Returns Policy.

4. Optional Tools and Third-Party Links

4.1) We may provide you with access to third-party tools over which we do not monitor, have any control or input. Certain content, products and services available via our Service may include materials from third-parties.
4.2) To the extent allowed by law, 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.
4.3) To the extent allowed by law, 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).
4.4) We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions and your acceptance of any amended Terms and Conditions by your continued access of the Site to cater for such additional services and/or features.
4.5) Third-party links on this Site may direct you to third-party websites that are not affiliated with us. To the extent allowed by law, 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.
4.6) To the extent allowed by law, 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.

5. User Comments, Feedback and Other Submissions

5.1) 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.
5.2) 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 and Conditions.
5.3) You agree that all of your comments at the Site will not violate our rights, including copyright, trademark, privacy, personality or other personal or proprietary right. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments made by you.

6. Errors, Inaccuracies and Omissions

6.1) Occasionally there may be information at our Site 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 on the Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order) and without any right for you to claim in respect of such change or cancellation, provided that you may cancel your order if it is affected by the change and in any event, you may claim a full refund of monies paid in respect of such validly cancelled order.
The effect of this clause is that you have no claim against us if information on our Site changes, unless your order is affected by such change. If we cancel your order because of a change, you are entitled to a full refund.
We undertake no obligation to update, amend or clarify information at the Site, including without limitation, pricing information, except as required by law.

7. Prohibited Uses

In addition to other prohibitions as set forth in these Terms and Conditions, 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, national, 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 or other unlawful ground; (f) to submit false or misleading information; (g) to collect or track the personal information of others; (h) for any obscene or immoral purpose. We reserve the right to terminate your visitations to the Site for committing any of the prohibited uses.

8. Disclaimer of Warranties and Limitation of Liability

8.1) We do not guarantee, represent or warrant that your use of our Site will be uninterrupted, timely, secure or error-free.
8.2) We do not warrant that the results that may be obtained from the use of the Site will be accurate or reliable.
8.3) You agree that from time to time we may close the Site for periods of time or cancel the Service at any time and notice for such will be provided on the Site.
8.4) You expressly agree that your use of, or inability to use, the Site is at your sole risk. The Site, and all Products and Services delivered to you through the Site are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, to the extent allowed by law, subject only to applicable statutory warranties.
8.5) To the extent allowed by law, in no case shall the Seller, 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, delict (including negligence), strict liability or otherwise, arising from your use of the Site and its contents, the Service or any Products procured using the Site. Our liability shall be limited to the maximum extent permitted by law.
8.6) The effect of this clause 12 is that you may not hold us responsible or claim from us any loss or damage you may experience while using or you being unable to use this Site, our Products, or the Service. This includes, but is not limited to, loss or damage arising from any defects in the Products or lack of quality in the Services. You will, however, be able to hold us responsible for your loss or damage if the law says we are responsible for such loss or damage, as in case of death or personal injury.

9. Indemnification

9.1) You agree to indemnify, defend and hold harmless the Seller 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 and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

10. Circumstances beyond the Seller’s control

10.1) It shall not be a breach of these Terms and Conditions when we are delayed or prevented from providing our Services, processing or fulfilling an order, or making the Site available as a result of a cause beyond our reasonable control, including, without limitation any act of God or natural disaster and unavoidable incident, actions of third parties, riots, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen or the any cause similar to or having the same effect as the causes stated in this clause regardless of whether the circumstances in question could have been foreseen (collectively, “Force Majeure Event”).
10.2) If we are prevented from fulfilling an order due to a Force Majeure Event for more than 5 Business Days, either you or we may cancel the Order by written notice.

11. Severability

11.1) In the event that any provision of these Terms and Conditions 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 and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

12. Termination

12.1) The expiration or termination of these Terms and Conditions shall not affect such of the provisions of these Terms and Conditions which are expressly provided to operate after any such expiration or termination, or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the relevant provisions themselves do not provide for this.
12.2) These Terms and Conditions are effective until amended or terminated.
12.3) If in our sole judgment you fail, or we reasonably are of the opinion that you have failed, to comply with any term or provision of these Terms and Conditions, we also may deny you access to our Site (or any part thereof).

13. Entire Agreement

13.1) The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
13.2) These Terms and Conditions supersede 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 and Conditions).
13.3) Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party, being us.

14. Governing Law and Jurisdiction

14.1) These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of South Africa.
14.2) The Site is hosted, controlled and operated within South Africa and therefore governed by South African law and the Buyer submits to the jurisdiction of the South African courts.

15. Changes to these Terms and Conditions

15.1) You can review the most current version of the Terms and Conditions at any time at this page.
15.2) We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our Site. Your continued use of or access to our Site or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
15.3) Should you not be satisfied with any part of the Terms and Conditions, you are advised to not to use the Site.
15.4) Any such changes to the Terms and Conditions will apply to the use of the Site after the change is displayed or published on the Site. The use of the Site after the date on which the changes are displayed will be deemed acceptance of the amended Terms and Conditions.
15.5) We reserve the right to refuse Service to anyone for any reason at any time.
15.6) You understand that your personal 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 and you hereby consent to such transfer for purposes of fulfilling any orders you place via the Site. Credit card information is always encrypted during transfer over networks.
15.7) You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site or any contact on the Site through which the Service is provided, without express written permission by us.
15.8) The headings used in this agreement are included for convenience only and will not limit or influence the interpretation or otherwise affect these Terms and Conditions.

16. Electronic communications

16.1) By transacting at the Site, you consent to receiving electronic communications from us and any member of the group of companies (being our subsidiaries, our holding company, and the subsidiaries of such a holding company) of which we form part and /or our partners in accordance with our “Privacy Policy” section.

17. Data Protection and Personal Information

17.1) For terms regulating data management and protection, please refer to our Privacy Policy which are incorporated herein by way of reference.
17.2) Your submission of personal information at the Site is governed by our Privacy Policy.

18. Gift Voucher

18.1) A gift voucher is valid for (3) three years from the purchase date.
18.2) Gift vouchers may be redeemed at any of our National Stores, with the exception of the factory shop and online store.
18.3) Gift vouchers can be used for purchasing promotions, specials or any other items for sale in our stores.
18.4) Gift vouchers may not be resold at any time, and only gift vouchers purchased from a Chateau Gateaux Store are valid.
18.5) Gift vouchers are not refundable nor can it be exchanged for cash in our Stores.
18.6) No change will be given when a voucher is used for a purchase, thus ensure that the full value is purchased for.
18.7) Due to the nature of gift vouchers, it may only be used once and the full amount must be used when performing this purchase.
18.8) No replacements or cancellations of vouchers will take place by any of our stores for any reason such as theft, lost, tarnished or any other reason.
18.9) We have the right to confirm the validity of a gift voucher should we consider this necessary.
18.10) Any gift voucher received in store without the purchase details filled in on the voucher will make it null and void. (To / From / Date of Purchase / Issuing Manager) until such time where a customer can present the proof of payment information.
18.11) Any gift voucher suspected to be fraudulent will not be redeemable until the origin of the gift voucher can be established.

19. Third Party Delivery Services

19.1) Should the Buyer make use of a Third-Party Delivery Service such as Mr. Delivery or Uber Eats to order products from the Seller, the Buyer is bound by their terms and conditions.
19.2) We recommend that the buyer carefully verify the third parties’ general terms and conditions, since the Seller shall under no circumstances be deemed liable for the supply of services and/or sale of products through a Third-Party Delivery Service.
19.3) Any complaints arising from the use of Third-Party Delivery Services, such as but not limited to; payment related complaints, service related complaint and/or product related complaints are to be raised directly with the Third-Party Delivery Service as the Buyer entered into an agreement with such a third party and not the Seller directly.
19.4) The third parties’ decision and/or outcome on complaints shall be final, and the Seller has no influence over this. The Seller will not entertain any complaints of orders placed via a Third-Party Delivery Service.

20. Returns & Refund Policy

20.1) All our cakes are specially handcrafted for you and sent from our factory in perfect condition. Special care is taken when your cake is produced and packaged when dispatched to you for your special occasion.

21. Product Received

21.1) Please ensure that prior to leaving the store, you check the till slip and that your purchase received is what is reflecting, as no exchanges will take place as per our returns & refund policy.

22. Exchanges

22.1) We regret that due to the perishable nature of our products and strict Food Safety standards, we are unable to accept returns/exchanges once a product has left our premises out of eye view of the store.
22.2) Should you still be in store and not have left the immediate view of the store then we will happily change the product for you.

23. Defective Products

23.1) In order for us to replace your defective product we will require your store purchase receipt and minimum of 50% of product in its original packaging.

24. Replacement of defective Products meeting all requirements

24.1) Should you have a purchase slip and 50% of the product in its original packaging then you may proceed to a store where that product will be replaced with the same or a similar product dependent on the availability.

25. Replacement of defective Products only having the original packaging and 50% of the product

25.1) Should you have a defective product but have only a slip and packaging then a complaint must be logged on our website via the contact us tab which will then be referred to our Quality Assurance Department to investigate.
25.2) Please provide the store name in your complaint and ensure you attach pictures of your product as well as the batch number on the back of the product packaging label.

26. Replacement of defective Products only having the packaging and less than 50% of the product

26.1) Should you have a defective product but have only a slip and packaging then a complaint must be logged on our website via the contact us tab which will then be referred to our Quality Assurance Department to investigate.
26.2) Please provide the store name in your complaint and ensure you attach pictures of your product as well as the batch number on the back of the product packaging label and proof of payment.

27. Replacement of defective Products only having 50% of the product and purchase slip not in its original packaging

27.1) Should you only have 50% of the product and purchases slip but not in its original packaging then unfortunately we will not be able to investigate your complaint thus no replacement will take place.

28. Replacement of defective products meeting all the requirements but incorrect product handling has been observed.

28.1) Please take note of each products handling instruction on the product label at the back of the box. Due to the nature of our products, it is important that all handling instructions are followed from purchase to storage and consumption.
28.2) Should it be found that the product handling has not been observed and followed from purchase then the product will not be classified as a defective product and replacement will not take place.

29. Complaint Handling

29.1) In order to resolve complaints in a fast and efficient manner we require as much as possible information when logging the complaint as well as the relevant information such as pictures, purchase slip, batch details on the product.
29.2) We strive to resolve general complaints within 7 -14 working days from the day the complaint and all relevant information has been received.
29.3) Should you not receive a reply within 7 working days then please make contact with our Customer Care Department to enquire on the progress or any other information required.

30. Transportation of products

30.1) We will not accept liability for any associated transport costs incurred in returning a defective or incorrect order, regardless of the reason nor any product defect due to transportation.

31. Allergens

31.1) As a consumer it is your responsibility to check the product label for any allergens or offensive ingredients prior to leaving the premises as no exchanges or returns will be considered in this regard.

32. CHÂTEAU GÂTEAUX LOYALTY APP PRIVACY POLICY & TERMS AND CONDITIONS

By subscribing to the Château Gâteaux Loyalty App, you agree to the below Terms and Conditions (the “App Terms and Conditions”).

a) App Terms and Conditions:

1. The benefits of Château Gâteaux Loyalty App shall only become active once you have downloaded the Château Gâteaux Loyalty App and completed all the relevant information, as set out herein.
2. The Château Gâteaux Loyalty App will replace the Château Gâteaux Loyalty Card. No further loyalty cards will be issued as of 1 April 2018. Persons wanting to join our Loyalty App program need to download and register on the Château Gâteaux Loyalty App.
3. Download, registration and use of the Château Gâteaux Loyalty App requires internet connectivity and mobile data. Château Gâteaux shall under no circumstances be liable should you not be able to access the app due to lack of data or connectivity issues.
4. The effect of this clause is that the liability of Château Gâteaux is limited such that you will not be able to hold Château Gâteaux liable should you not be able to use the Château Gâteaux Loyalty App if you have trouble connecting your cell phone to the internet.
5. Use of the Château Gâteaux Loyalty App will require successful download and registration (new users) or successful download and confirmation of details (migrated former Château Gâteaux Loyalty Card holders).
6. Château Gâteaux collects, stores and uses your personal information (as the term is defined in Protection of Personal Information Act 4 of 2013 (“POPIA”)) for the following purposes:

  • to greet you when you contact us;
  • to compile non-personal statistical information for marketing and promotional purposes;
  • for research to develop new products, services and offers;
  • to contact you via app notifications, SMS or emails to share marketing communication and promotional offers.

7. You hereby consent to the processing (as the term is defined in POPIA) of your personal information for the purposes set out in clause 5.
8. For further terms relating to Château Gâteaux’s processing your personal information, please see our Privacy Policy. By accepting these App Terms and Conditions, you accept to be bound by our Privacy Policy, as amended from time to time.
9. The Château Gâteaux Loyalty App profile is linked with your personal details and mobile number. It cannot be downloaded or activated on more than one device or used by more than one user.
10. Château Gâteaux Loyalty App profiles are non-transferrable and cannot be shared or utilized by more than one user.
11. Château Gâteaux reserves the right to suspend and/or terminate your participation in the Château Gâteaux Loyalty App in the event of suspected fraudulent and/or inappropriate conduct, abuse or misuse of the Château Gâteaux Loyalty App by you, in the sole discretion of Château Gâteaux. In such an event, any benefits accrued by you under the Château Gâteaux Loyalty App will, at the sole discretion of Château Gâteaux, acting reasonably, and to the extent allowed by law, be automatically suspended or forfeited and you will have no claim against Château Gâteaux for your lost benefits.
12. The effect of this clause is the limitation of the risk and liability of Château Gâteaux. You will not be able to redeem your loyalty points against Château Gâteaux and cannot claim any loss you may suffer as a result of your loyalty points being suspended or forfeited.
13. Château Gâteaux may from time to time run updates to the Château Gâteaux Loyalty App which may result in the app being temporarily inaccessible. Château Gâteaux will endeavor to limit any downtime to a minimum, and where practically possible, out of normal business hours. You shall have no claim against Château Gâteaux for any loss you may suffer as a result of the Château Gâteaux Loyalty App being inaccessible.
14. The effect of this clause is the limitation of the risk and liability of Château Gâteaux resulting in you not being able to claim from Château Gâteaux any loss you may suffer as a result of the Château Gâteaux Loyalty App being inaccessible.
15. Château Gâteaux reserves the right to at any time change the App Terms and Conditions, including the benefits provided under the Château Gâteaux Loyalty App, by publication thereof on the Château Gâteaux website, provided that the benefits which have already accrued will remain unaffected.
16. This Château Gâteaux Loyalty App is subject to the provisions of the Consumer Protection Act, 68 of 2008, as amended from time to time (the “CPA”). To the extent allowed by law, other than the right to redeem the loyalty points within their validity period, you shall have no claims against Château Gâteaux, its management, directors, or employees arising out of or in relation to your participation in the loyalty program and use of the Château Gâteaux Loyalty App
17. The effect of this clause is the limitation of the risk and liability of Château Gâteaux resulting in you not being able to claim from Château Gâteaux any loss you may suffer as a result of your participation in the loyalty program and use of the Château Gâteaux Loyalty App.

b) General:

1. This clause 14 is a separate, divisible agreement from the rest of these App Terms and Conditions and shall not be or become void, voidable or unenforceable by reason only of any alleged misrepresentation, mistake, duress, undue influence, impossibility (initial or supervening), illegality, immorality, absence of consensus, lack of authority or other cause relating in substance to the rest of these App Terms and Conditions and not to this clause 14; and remain in effect even if these App Terms and Conditions expire or terminate for any reason whatsoever.
2. Any dispute in relation to the Château Gâteaux Loyalty App will be determined by the management of Château Gâteaux or its nominee.
3. Should you not be satisfied with decision of the management of Château Gâteaux or its nominee, you may refer the dispute to any of the forms of alternative dispute resolution under section 70 of the CPA.
4. Should you refer the dispute to mediation under section 70(1)(c) of the CPA, the mediator will be as agreed by you and Château Gâteaux. Should we fail to agree on a mediator within 10 business days (all days of the week other than Saturday, Sunday, or a public holiday), the dispute will be referred to arbitration.
5. All disputes which cannot be settled by mediation as described in clause 14.3 shall be finally determined in accordance with the Commercial Rules of the Arbitration Foundation of Southern Africa (“AFSA”).
6. You and us shall agree on the arbitrator who shall be an attorney or senior advocate (with at least 20 years’ experience in commercial legal practice) on the panel of arbitrators of AFSA. If agreement is not reached within 5 business days after either of us calls in writing for such agreement, the arbitrator shall be an attorney or senior advocate (with at least 20 years’ experience in commercial legal practice) nominated by the chairperson of AFSA for the time being.
7. The arbitration shall be held in Durban, South Africa, and we shall endeavor to ensure that it is completed within 90 business days after notice requiring the dispute to be referred to arbitration is given.
8. You irrevocably agree that the decision of the arbitrator: shall, in the absence of fraud or manifest error, be final and binding on you and Château Gâteaux; shall be carried into effect; and may be made an order of any court of competent jurisdiction.
9. Nothing contained in this clause 14 shall prohibit you or Château Gâteaux from approaching any court of competent jurisdiction for urgent interim relief.
10. You and Château Gâteaux hereby consent to the non-exclusive jurisdiction of the Durban Magistrates Court having jurisdiction for any proceedings arising out of or in connection with this Agreement.
11. Any costs, including all legal costs on an attorney and own client basis and value added tax, incurred by you or Château Gâteaux arising out of or in connection with a breach by the other one of us of these App Terms and Conditions shall be borne by the one of us in breach.
12. The effect of this clause is the limitation of the risk and liability of Château Gâteaux resulting in you being liable for any costs incurred by you or Château Gâteaux when you breach these App Terms and Conditions.
13. You warrant that you have the necessary legal capacity to enter into and perform in terms of the agreement contemplated in these App Terms and Conditions.
14. The effect of this clause is that you acknowledge the fact that you have legal capacity that you can enter into and perform in terms of, the agreement set out in these App Terms and Conditions.
15. To extent permitted by law, Château Gâteaux provides no warranties in respect of the Château Gâteaux Loyalty App.
16. If either of us commits a breach of these App Terms and Conditions, the one of us not in breach may use any remedy available in law.
17. These App Terms and Conditions and the Privacy Policy contain all the provisions agreed on by you and Château Gâteaux with regards to the Château Gâteaux Loyalty App, and supersedes and novates in its entirety any previous understandings or agreements between you and Château Gâteaux. You waive the right to rely on any alleged provision not expressly contained in these Terms and Conditions and the Privacy Policy.
18. These App Terms and Conditions contains the entire agreement and you may not rely on anything communicated to you by us (whether or not made innocently, negligently or deliberately) which allegedly caused you to accept these App Terms and Conditions.
19. The grant of any indulgence, extension of any time or relaxation of any provision by Château Gâteaux under these App Terms and Conditions (or under any other agreement or document issued or executed pursuant to these App Terms and Conditions) shall not constitute a waiver of any right by Château Gâteaux or prevent or adversely affect the exercise by Château Gâteaux of any existing or future right of Château Gâteaux.
20. These App Terms and Conditions is to be governed, interpreted and implemented in accordance with the laws of South Africa.
21. The rule of construction that the contract shall be interpreted against or to the disadvantage of the party responsible for the drafting or preparation of the agreement shall not apply to these App Terms and Conditions.
22. Any provision of these App Terms and Conditions which is or may become illegal, invalid or unenforceable in any jurisdiction affected by these App Terms and Conditions shall, as to such jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall be treated as having not been written and severed from the balance of these App Terms and Conditions, without invalidating the remaining provisions of these App Terms and Conditions or affecting the legality, validity or enforceability of such provision in any other jurisdiction.
23. For the purposes of these App Terms and Conditions, including the giving of notices and serving of legal process (as applicable), you and Château Gâteaux choose the following physical addresses as the place legal notices may be sent:

24. in the case of Château Gâteaux to:

Address: 1 Imvubupark Business Estate
Riverhorse Valley Business Estate
Effingham
Kwa-Zulu Natal
4017
Email: customercare@chateaugateaux.co.za

and is marked for the attention of: [●], and

• in the case of you, to the physical address and email address you used to register for the Château Gâteaux Loyalty App.
• If the notice is sent by registered post, it shall be deemed to have been duly given 5 business days after posting if posted to an address set out

25. Loyalty Program Terms and Conditions:

For in-store purchases, the Château Gâteaux Loyalty Program works on a stamp system in terms of which:

  • 1 x hot beverage purchase (excluding Kiddychino and Hot Water with/without Lemon and/or Honey) = 1 stamp,
  • 10 x hot beverage purchases (excluding Kiddychino and Hot Water with/without Lemon and/or Honey) = 1 hot beverage & 1 slice of cake reward (of your choosing)
  • 1 x Medium cake purchase = 1 stamp
  • 10 x Medium cake purchases = 1 Medium cake reward (of your choosing)
  • 1 Large cake = 1 stamp
  • 10 Large cakes = 1 Large cake reward (of your choosing)

26. Rewards stamps can only be redeemed for the equivalent goods identified in clauses 27 and 28 in-store for in-store purchases only. Rewards cannot be redeemed at our online store.
27. A stamp can only be earned at the till point by scanning the app, or online by including your Loyalty App ID to earn points at the conclusion of your purchase. No stamps can be earned once the transaction has been concluded.
28. At no point during the in-store transaction will you be required to hand over your cell phone or mobile device to our staff.
29. Stamps are only redeemable once all required stamps have been collected to exchange for a particular equivalent good.
30. Stamps cannot be earned and exchanged for cash or any other food or beverage item than the goods listed in these App Terms and Conditions.
31. Stamps cannot be earned or redeemed in conjunction with any other special offer, promotion, discount or voucher.
32. To redeem stamps, you will need to present the Château Gâteaux app at the till point in our stores before ordering and paying for the goods. No stamps can be redeemed once the transaction has been concluded.
33. There can only be one completed redemption per transaction. Should there be more than one completed card to be redeemed, the cashier would have to process the transaction separately.
34. If there are stamps that need to be earned and redemption of a completed card in one transaction, the earning of stamps has to be done first. The cashier will complete the earning of stamps first, before the redemption of the completed stamps.
35. Once the necessary number of stamps has been collected, you may redeem them in-store only by choosing from any of our individual cakes, slices and pastries along with any hot beverages (excluding Kiddychino and Hot Water with Lemon and/or Honey).
36. The Château Gâteaux Loyalty App and Program can only be used at Château Gâteaux stores nationwide or at our online store (excluding the Factory Shop).
37. A stamp will not expire until the earlier of the date on which it has been redeemed in exchange for the particular equivalent good or three years after the date on which the stamp was issued.

Contact

WEB: www.chateaugateaux.co.za
EMAIL: customercare@chateaugateaux.co.za
TEL: 031 569 6964(office hours)