Terms Of Service
1. General
1.1 The offer and sale of products with the brand “Chateau Gateaux” or the like (the “Products”), marketed, manufactured, distributed and/or sold by Chateau Gateaux (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 Chateau Gateaux Retail Patisseries (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 Château Gâteaux offers Products and Services through the Site to customers who purchase Products for personal use.
2.2 Château Gâteaux reserves the right to refuse, limit, suspend, or cancel any order that does not comply with these Terms and Conditions.
2.3 Château Gâteaux may refuse orders that appear to be placed for resale, commercial distribution, fraudulent purposes, or any purpose that falls outside the ordinary course of business.
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. User Comments, Feedback and Other Submissions
4.1 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.
4.2 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
4.3 You agree that all comments submitted on the Site will not violate any rights, including copyright, trademark, privacy, personality, or any other personal or proprietary rights. You are solely responsible for any comments you make and their accuracy. We accept no responsibility and assume no liability for any comments posted by you.
5. Errors, Inaccuracies and Omissions
5.1 Occasionally, information on our Site may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any such errors and to update or change information, or cancel orders if any information is inaccurate, at any time without prior notice (including after an order has been submitted).
If your order is affected, you may cancel it and receive a full refund.
5.2 We undertake no obligation to update, amend, or clarify information on the Site, except as required by law.
6. Prohibited Uses
You are prohibited from using the Site or its content:
- (a) for any unlawful purpose;
- (b) to solicit unlawful acts;
- (c) to violate any applicable laws or regulations;
- (d) to infringe intellectual property rights;
- (e) to harass, abuse, discriminate, or harm others;
- (f) to submit false or misleading information;
- (g) to collect personal information of others;
- (h) for any obscene or immoral purpose.
We reserve the right to terminate access for any prohibited use.
7. Disclaimer of Warranties and Limitation of Liability
7.1 We do not guarantee uninterrupted, secure, or error-free use of the Site.
7.2 We do not warrant accuracy or reliability of results.
7.3 We may suspend or discontinue the Site at any time with notice.
7.4 Use of the Site is at your own risk. All Products and Services are provided “as is” and “as available,” subject to applicable law.
7.5 To the maximum extent permitted by law, we are not liable for any damages, including loss of profits, revenue, data, or other losses arising from use of the Site, Products, or Services.
You may still have rights where liability cannot legally be excluded (e.g. personal injury).
8. Indemnification
8.1 You agree to indemnify and hold harmless the Seller and its affiliates against any claims arising from your breach of these Terms or violation of any law or third-party rights.
9. Circumstances beyond the Seller’s control
9.1 We are not liable for delays or failure to perform due to events beyond our control, including natural disasters, riots, war, strikes, or similar events (“Force Majeure Event”).
9.2 If such an event continues for more than 5 Business Days, either party may cancel the order.
10. Severability
If any provision is found to be unenforceable, it will not affect the validity of the remaining provisions.
11. Termination
11.1 Certain provisions will survive termination where necessary.
11.2 These Terms remain effective until terminated.
11.3 We may deny access if you breach these Terms.
12. Entire Agreement
12.1 Failure to enforce any right is not a waiver.
12.2 These Terms supersede all prior agreements.
12.3 Any ambiguities will not be interpreted against the drafting party.
13. Governing Law and Jurisdiction
13.1 These Terms are governed by South African law.
13.2 You submit to the jurisdiction of South African courts.
14. Changes to these Terms and Conditions
14.1 The latest Terms are available on the Site.
14.2 Continued use constitutes acceptance of changes.
14.3 If you disagree, do not use the Site.
14.4 Changes apply upon publication.
14.5 We may refuse service at any time.
14.6 Personal information may be transferred across networks (securely for payments).
14.7 You may not reproduce or exploit Site content without permission.
14.8 Headings are for convenience only.
15. Electronic communications
By using the Site, you consent to receiving electronic communications in line with our Privacy Policy.
16. Data Protection and Personal Information
16.1 For terms regulating data management and protection, please refer to our Privacy Policy which are incorporated herein by way of reference.
16.2 Your submission of personal information at the Site is governed by our Privacy Policy.
17. Products or Services
17.1 All our whole cakes which are sold in our Patisseries, or delivered to you by our online partners, are frozen. Please see the back of the pack for defrosting instructions.
17.2 Some products may be exclusive and limited in quantity at a Site. These Products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy.
17.3 We have made every effort to display the colours and quality of the product labels as accurately as possible and as the products appear in the store. We cannot guarantee that the colours will match exactly and may differ as all our cakes are handcrafted.
17.4 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.
17.5 All descriptions of Products or Product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any Product at any time.
17.6 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.
18. Purchase Price and Product Guarantee
18.1 Only new Products are offered for sale on the Site. We do not sell second-hand Products on the Site or Products that fail to meet the quality standards as required by South African law.
18.2 All Products are subject to the implied warranty of quality contained in sections 55 and 56 of the Consumer Protection Act, 2008. Nothing in these Terms limits any rights afforded to consumers under applicable South African law.
The effect of this clause is that you may not hold us responsible for any defects in the Products. You will, however, be able to hold us responsible for such defects if the law says we are responsible for them.
18.3 The main characteristics of the Products are shown on the Site on each Product Page. Product images, colours, decorations, finishes, packaging and presentation are provided for illustrative purposes only. As our cakes are handcrafted, minor variations may occur and will not constitute a defect.
19. Product Complaints
If you feel that the Product/s you received is/are defective, kindly contact our Customer Care department at customercare@chateaugateaux.co.za with your order number, a description of your complaint, as well as pictures of the Product and the Product label.
19.1 Modifications to The Service and Prices
19.2 Prices for our Products are subject to change without notice.
19.3 We reserve the right at any time to modify or discontinue a product and/or the service (or any part or content thereof) or its relevant price, without notice at any time.
19.4 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of Products and/or the Service.
20. Zapper Payments
20.1 Zapper payments are accepted in the store, and products will only be released once the Zapper proof of payment has been received from the Zapper portal.
21. EFT Payments
21.1 Should you wish to pre-order, kindly request the store to draw up a proforma invoice for you. Only pre-orders exceeding the value of R2 500 (Two Thousand Five Hundred) will be eligible for EFT Payment.
21.2 No product will be released if proof of payment does not reflect in our banking account which takes approximately 2-3 working days thus no payments made on a Thursday or Friday will be released for collection on a week end. The acceptance of EFT payments is solely at the discretion of Chateau Gateaux Management.
23. Receipt of Correct Products
23.1 Please ensure that prior to leaving the store you check your till slip, and confirm that your product you have received is correct, as no exchanges once products leave the premises, except where the Returns Policy applies. It is the responsibility of the customer to ensure the product does not contain any allergen or offensive ingredients.
24. Exchange of Products
24.1 Due to the sensitive nature, quality assurance and our customers safety we do not exchange products once it has left the immediate site parameters except in the case of our returns policy being met.
25. Transportation of products
25.1 We will not accept liability for any associated transport costs incurred in returning a defective or incorrect order accepted, regardless of the reason nor any product defect due to transportation.
26. Gift Voucher Terms and Conditions for the Château Gâteaux
26.1 Physical Gift Vouchers
26.1.1 Physical gift vouchers are valid for three (3) years from the date of purchase.
26.1.2 Physical vouchers may be redeemed at any Château Gâteaux National Store, excluding the factory shop and the online store.
26.1.3 Vouchers may be used for any in-store purchases, including promotions and specials.
26.1.4 Physical vouchers may not be resold, and only vouchers purchased directly from a Château Gâteaux store are valid.
26.1.5 Physical vouchers are non-refundable and cannot be exchanged for cash.
26.1.6 No change will be given when redeeming a voucher; customers must use the full voucher value in a single transaction.
26.1.7 Physical vouchers may be used once only, and the full value must be redeemed at the time of purchase.
26.1.8 No replacements or cancellations will be issued for vouchers that are lost, stolen, damaged, or tarnished, for any reason.
26.1.9 Château Gâteaux reserves the right to verify the validity of any physical voucher before redemption.
26.1.10 Vouchers presented without completed purchase details (To / From / Date of Purchase / Issuing Manager) will be invalid until proof of purchase is provided.
26.1.11 Any physical voucher suspected to be fraudulent will not be redeemable until its origin is verified.
26.2 Digital Gift Vouchers (Gifting Platform)
26.2.1 Digital gift vouchers are valid for three (3) years from the date of purchase.
26.2.2 Digital vouchers are issued through the Château Gâteaux Gifting Platform, operated by Wrapped Gifts, and may be redeemed at any Château Gâteaux Store nationally, excluding the factory shop.
26.2.3 Digital vouchers may be used for any in-store purchases, including promotions and specials.
26.2.4 Digital vouchers cannot be resold, and only vouchers purchased via the official gifting platform are valid.
26.2.5 Digital vouchers are non-refundable and cannot be exchanged for cash.
26.2.6 No change will be given when redeeming a digital voucher; customers must use the full voucher value in one transaction.
26.2.7 Digital vouchers can be redeemed once only, and the full amount must be used at the time of purchase.
26.2.8 No replacements or cancellations will be issued for vouchers that are lost, deleted, fraudulently used, or sent to an incorrect cell phone number due to customer error.
26.2.9 Château Gâteaux reserves the right to verify the authenticity of any digital voucher before redemption.
26.2.10 Any digital voucher suspected of being fraudulent or tampered with will not be redeemable until verified.
26.2.11 By purchasing a digital voucher, customers agree to the Gifting Platform Terms and Conditions, available on the Château Gâteaux and Wrapped Gifts websites.
26.3 Participation Rules (Digital Vouchers Only)
To purchase a digital voucher, customers must complete the following steps:
26.3.1 Visit the Château Gâteaux website, scan the official in-store QR code, or click the gifting link on our official social media pages.
26.3.2 Complete the required fields on the microsite: Gift Value, From, Recipient Name, Recipient Cellphone Number, and Sender’s Email.
26.3.3 Provide a valid South African ID number and bank details to complete the purchase.
26.3.4 Once completed, the digital voucher will be issued and delivered to the recipient via WhatsApp or SMS.
27. Allergens
27.1 As a consumer it is your responsibility to check the Product label for any allergens or offensive ingredients prior to purchasing a Product in our Patisseries, as no exchanges or returns will be considered in this regard.
28. Third Party Delivery Services
28.1 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.
28.2 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.
28.3 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.
28.4 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.
Patisseries Contact
Website: www.chateaugateaux.co.za
Email: customercare@chateaugateaux.co.za
Tel: 031 569 6964 (office hours)