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 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. 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 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.

5. Errors, Inaccuracies and Omissions

5.1 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.

5.2 We undertake no obligation to update, amend or clarify information at the Site, including without limitation, pricing information, except as required by law.

6. 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.

7. Disclaimer of Warranties and Limitation of Liability

7.1 We do not guarantee, represent or warrant that your use of our Site will be uninterrupted, timely, secure or error-free.

7.2 We do not warrant that the results that may be obtained from the use of the Site will be accurate or reliable.

7.3 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.

7.4 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.

7.5 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.

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.

8. Indemnification

8.1 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.

9. Circumstances beyond the Seller’s control

9.1 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”).

9.2 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.

10. Severability

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.

11. Termination

11.1 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.

11.2 These Terms and Conditions are effective until amended or terminated.

11.3 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).

12. Entire Agreement

12.1 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.

12.2 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).

12.3 Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party, being us.

13. Governing Law and Jurisdiction

13.1 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.

13.2 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.

14. Changes to these Terms and Conditions

14.1 You can review the most current version of the Terms and Conditions at any time at this page.

14.2 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.

14.3 Should you not be satisfied with any part of the Terms and Conditions, you are advised to not to use the Site.

14.4 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.

14.5 We reserve the right to refuse Service to anyone for any reason at any time.

14.6 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.

14.7 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.

14.8 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.

15. Electronic communications

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.

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 stores, or delivered to you by our online department, are frozen. Please see the back of the pack for defrosting instructions.

17.2 Certain Products or Services may be available exclusively 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 colors of the product labels as accurately as possible and as the products appear in the store. We cannot guarantee that the colors will match exactly and may differ.

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. 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.

17.5 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 original 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 To the extent allowed by law, the Seller does not provide any guarantee as to the quality and suitability of the Products and accordingly the Seller shall have no liability (other than a potential acceptance of return in accordance with these Terms and Conditions and the Returns Policy) towards the Buyer for any defective or faulty Products.

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”. The images and colours of Products offered for sale on the Site may not correspond to the actual products delivered . We expressly disclaim all responsibility and liability and the you waive any claims you may have against us in this regard.

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 R5000 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 will take place as per the exchanges section below. 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

26.1 A gift voucher is valid for (3) three years from the purchase date.

26.2 Gift vouchers may be redeemed at any of our National Stores, with the exception of the factory shop and online store.

26.3 Gift vouchers can be used for purchasing promotions, specials or any other items for sale in our stores.

26.4 Gift vouchers may not be resold at any time, and only gift vouchers purchased from a Chateau Gateaux Store are valid.

26.5 Gift vouchers are not refundable nor can it be exchanged for cash in our Stores.

26.6 No change will be given when a voucher is used for a purchase, thus ensure that the full value is purchased for.

26.7 Due to the nature of gift vouchers, it may only be used once and the full amount must be used when performing this purchase.

26.8 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.

26.9 We have the right to confirm the validity of a gift voucher should we consider this necessary.

26.10 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.

26.11 Any gift voucher suspected to be fraudulent will not be redeemable until the origin of the gift voucher can be established.

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 stores, 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.

29. Château Gâteaux Loyalty Program Terms and Conditions:

29.1 Château Gâteaux has transitioned from a stamp collection system to a convenient wallet system, making it easier for you to enjoy delicious discounts.

29.1.1 The transition period was from the 1st of August to the 2nd of September 2024.

29.1.2 As part of the transition, all current stamps have been converted according to the below table as of the 1st of August 2024.

• If you have 1 – 3 stamps, you will receive a 15% Discount Voucher
• If you have 4 – 6 stamps, you will receive a 30% Discount Voucher
• If you have 7 – 9 stamps, you will receive a 50% Discount Voucher

29.1.3 Your earned vouchers will be valid for 3 months from the date of issue which is visible on the Loyalty App Voucher.

29.2 From the 2nd of September 2024, the new Château Gâteaux loyalty wallet system will be live, where consumers can earn according to the below table for all in-store purchases:

29.2.1 Earn percentage (%) cash back on your spend when transacting on The Château Gâteaux App:

• Earn 10% cash back on ‘Cold Blended Beverage’ products
• Earn 10% cash back on ‘Hot Drink’ products (excluding Kiddychino and Hot Water with Lemon and/or Honey).
• Earn 2% cash back on ‘Pastries’ products
• Earn 2% cash back on ‘Savoury’ products
• Earn 2% cash back on ‘Merchandise’ products
• Earn 2% cash back on ‘Large Cake 24cm’ products
• Earn 2% cash back on ‘Medium Cake 18cm’ products
• Earn 2% cash back on ‘Petite Collection/12cm’ products
• Earn 2% cash back on ‘6 Pack’ products
• Earn 5% cash back on ‘Mini Collection/Individuals’ products
• Earn 5% cash back on ‘Cake Slices’ products

29.2.2 Wallet value earned is only on the amount tendered, i.e. what has been paid for excluding discounts and promotions.

29.2.3 Wallet value is not earned on any products that earn value/stamps.

29.2.4 Wallet value is not earned on any discounted values or promotions.

29.2.5 Wallet value will expire 1 year after the date earned.

29.2.6 Vouchers and promotions applied take priority over wallet spend applied, i.e. voucher discounts will be applied first then wallet value will be applied if applicable.

29.2.7 Wallet value can only be earned once the sale has been finalised provided you have successfully linked your app account to the sale via scanning your apps transaction token at the till point or using your app to scan a valid code on the till slip, before payment and finalisation of the sale.

29.2.8 At no point during the transaction will a customer be required to hand over their cell phone or mobile device to our staff.

29.2.9 Wallet value cannot be earned on any other item other than those specified.

29.2.10 Wallet value cannot be exchanged for cash or credit, and cannot be transferred to any other account.

29.2.11 Wallet value cannot be earned in conjunction with any other special offer, promotion, discount, or voucher.

29.2.12 No wallet value can be earned once the transaction has been concluded.

29.2.13 To redeem Wallet value, you must enable the WALLET toggle on the Payment Options screen and then present the Château Gâteaux app at the till point in our patisseries before ordering and paying for the goods. No Wallet value can be redeemed once the transaction has been concluded.

29.2.14 Wallet value can only be redeemed for goods purchased in a Château Gâteaux patisserie. Rewards cannot be redeemed or earned at our Factory, or 3rd party applications or stores.

29.2.15 Wallet values are redeemable as soon as it’s reflected in the Château Gâteaux app.

29.2.16 There can only be one Wallet value redemption per transaction. Should there be more than one app Wallet value to be redeemed, the cashier would have to process the transaction separately.

Contact

WEB: www.chateaugateaux.co.za

EMAIL: customercare@chateaugateaux.co.za

TEL: 031 569 6964(office hours)