terms & conditions

Last Updated: 05 May 2025

 

Please read these Terms and Conditions ("Terms") carefully before using the website (the "Website") or placing an order through our online store (the "Online Store"). By accessing the Website, using the Online Store, or placing an order, you agree to be bound by these Terms.

 

 

1. Definitions

 

"Nifty Noshes," "we," "us," or "our" refers to Nifty Noshes (Pty) Ltd, located in Gqeberha, South Africa.

 

"You"or "your" refers to the user of the Website, the user of the Online Store, or the customer placing an order.

 

"Products" refers to the gourmet samoosas, sauces, pastries, and any other items offered for sale by Nifty Noshes.

 

"Order" refers to your request to purchase Products from Nifty Noshes.

 

"Contract" refers to the legally binding agreement formed between you and Nifty Noshes upon acceptance of your Order.
 

 

 

2. Use Of The Website & Online Store

 

The Website is intended to provide information about Nifty Noshes, our Products, and to allow customers to place Orders through our Online Store.

 

The Online Store displays our Products and allows you to select items for purchase and complete payment securely.

You agree to use the Website and Online Store for lawful purposes only and in a manner that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of them.

 

We reserve the right to modify, suspend, or discontinue any part of the Website or Online Store at any time without notice.

We strive to ensure that the information on the Website and Online Store is accurate and up-to-date, but we do not warrant its completeness or accuracy.

 

Product images are for illustrative purposes only and may differ slightly from the actual Products.

 

 

 

3. Placing Orders

 

Orders can be placed through our Online Store.

 

By submitting an Order, you are offering to purchase the Products listed in your Order.

 

All Orders are subject to acceptance by Nifty Noshes. We reserve the right to refuse any Order without providing a reason.

Once you submit an Order through the Online Store, you may receive an order confirmation via email. This confirmation does not constitute acceptance of your Order.

 

A Contract is formed between you and Nifty Noshes when we notify you that your Order has been accepted and is being processed, typically through an order confirmation email detailing the total cost, collection/delivery information, and estimated timeframe.

 

 

 

4. Products & Pricing

 

The prices of Products are as displayed in the Online Store and are subject to change without notice.

 

All prices are stated in South African Rand (ZAR) and are inclusive of Value Added Tax (VAT) unless otherwise stated.

 

We reserve the right to correct any pricing errors or inaccuracies. If we discover an error in the price of Products you have ordered, we will contact you as soon as possible to inform you of the error and give you the option of reconfirming your Order at the correct price or cancelling it. If we are unable to contact you, we will treat the Order as cancelled.

 

Product availability is subject to change. If a Product you have ordered is unavailable, we will inform you as soon as possible and offer you a suitable alternative (if available) or a refund.

 

 

 

5. Payment

 

Payments can be made securely via PayFast at checkout, or via EFT.

 

You agree to pay the total amount for your Order, including the price of the Products and any applicable delivery fees.

If you choose to pay via PayFast, payment must be completed at checkout before your Order is processed.

 

 

6. Collections

 

Orders can be collected from Nifty Noshes’s location in Lorraine (Gqeberha) on Fridays, or from selected markets, during specific collection hours subject to prior arrangement.

 

The cut-off for weekly delivery is on Tuesdays. Any orders that are placed from Wednesdays onwards will be prepared for collection on the following Friday.

 

When you place an Order, collection details and available time slots will be communicated to you in your order confirmation.

 

You are responsible for collecting your Order within the specified timeframe. If you fail to do so, we may cancel your Order and a refund may be subject to our discretion.

 

 

 

7. Deliveries

 

Orders are delivered on Fridays during specific delivery hours, subject to prior arrangement.

 

 

The cut-off for weekly delivery is on Tuesdays. Any orders that are placed from Wednesdays onwards will be prepared for delivery on the following Friday.

 

Customers who wish to have their Orders delivered to areas outside Gqeberha may only purchase frozen samoosas (fried samoosas are not eligible for delivery outside Gqeberha).

 

Customers may arrange their own courier for collection and delivery.

 

Delivery costs are not included in the checkout total. A separate delivery quote will be provided after checkout.

 

Delivery arrangements, including costs and scheduling, must be confirmed before dispatch.

 

 

 

8. Returns, Refunds, & Exchanges

 

Given the nature of our fresh food Products, returns, refunds, and exchanges may be considered on a case-by-case basis, subject to applicable consumer laws in South Africa.

 

If you receive Products that are damaged or not as described, please notify us within 72 hours of receipt with photographic evidence.

 

We may, at our discretion, offer a replacement, a partial or full refund, or another suitable resolution.

 

Refunds, if approved, will be processed within a reasonable timeframe using the original payment method, where possible.

 

Due to the perishable nature of our Products, we generally do not accept returns for Products that have been correctly supplied and are not damaged.

 

 

 

9. Intellectual Property

 

All content on the Website and Online Store, including but not limited to text, images, logos, and designs, is the intellectual property of Nifty Noshes or its licensors and is protected by copyright and other intellectual property laws in South Africa.

 

You may not use, reproduce, distribute, or modify any content from the Website or Online Store without our prior written consent.

 

The Nifty Noshes logo and name are trademarks of Nifty Noshes and may not be used without our permission.

 

 

 

10. Limitation Of Liability

 

To the maximum extent permitted by applicable law in South Africa, Nifty Noshes shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Website, Online Store, or the purchase or use of our Products.

 

Our total liability to you for any claim arising out of or in connection with these Terms or your Order shall not exceed the total amount you paid for the relevant Products.

 

We make no warranties or representations, express or implied, regarding the suitability, reliability, availability, timeliness, or accuracy of the information, Products, and related graphics contained on the Website and Online Store.

 

 

 

11. Indemnity

 

You agree to indemnify and hold harmless Nifty Noshes, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees, arising out of or in any way connected with your use of the Website, Online Store, your breach of these Terms, or your violation of any law or the rights of a third party.

 

 

12. Governing Law & Jurisdicton

 

These Terms and any Contract formed between you and Nifty Noshes shall be governed by and construed in accordance with the laws of the Republic of South Africa.

 

Any disputes arising out of or in connection with these Terms or any Contract shall be subject to the exclusive jurisdiction of the courts of the Republic of South Africa.

 

 

 

12. Amendments To These Terms

 

Nifty Noshes reserves the right to amend these Terms at any time without notice. Any changes will be effective immediately upon posting on the Website. Your continued use of the Website, Online Store, or placement of Orders after any such changes constitutes your acceptance of the revised Terms. It is your responsibility to review these Terms regularly.

 

 

13. Contact Us

 

If you have any questions or concerns about these Terms or your Order, please contact us via email at info@niftynoshes.co.za.
 

 

 

14. Other Important Terms

 

Entire Agreement:

These Terms constitute the entire agreement between you and Nifty Noshes with respect to your use of the Website, Online Store, and your Orders, and supersede all prior or contemporaneous communications and proposals, whether oral or written.

Severability:

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

No Waiver:

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

 

By proceeding with using our Website or Online Store and placing an Order, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.