Terms of service

OVERVIEW Welcome to Brews! The terms “we”, “us” and “our” refer to Brews. Brews operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Brews is powered by Shopify, which enables us to provide the Services to you. The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services. These terms comply with the South African Consumer Protection Act (CPA) and other applicable South African law. Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability. By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage. To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete. You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use. We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations. All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS & CANCELLATIONS When you place an order, you are making an offer to purchase. Brews reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Brews confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Brews operates a highly optimised production schedule. For standard one-time purchases, a strict sixty (60) minute cancellation window applies. For Subscription orders, any modifications, skips, or cancellations must be submitted at least forty-eight (48) hours prior to the next scheduled billing or delivery date, in accordance with our Subscription Policy. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you. Your purchases are subject to return or exchange solely in accordance with our Refund Policy. You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES, SUBSCRIPTIONS AND BILLING Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges. As Brews is currently a non-VAT vendor, all listed prices are exclusive of VAT (Value-Added Tax). For customers enrolled in our Subscription Services, you authorise Brews and our third-party payment processors to securely tokenise your payment method and automatically charge you based on your selected frequency. Weekly and Bi-Weekly subscriptions are billed on an Advanced Prepaid basis for four (4) weeks of product upfront. Brews does not issue pro-rated refunds for prepaid subscription cycles once processed. You agree to promptly update your account and other information so that we can complete your transactions.

SECTION 5 - SHIPPING AND DELIVERY

  • 5.1 Service Area: Our delivery service is strictly limited to the Ballito and surrounding coastal region defined specifically by the postal codes 4420 and 4399. By using this Service, you acknowledge that orders placed with shipping addresses outside of these specific postal codes cannot be fulfilled and may be cancelled.

  • 5.2 Perishable Goods: Due to the fresh, perishable nature of our products, delivery times are critical. While we are not liable for delays caused by events outside our control (weather, strikes, etc.), it is the customer's responsibility to be available to receive the goods on the scheduled delivery day.

  • 5.3 Risk of Loss & Safe Drops: Once we transfer products to our internal delivery riders, title and risk of loss passes to you. If you are unavailable, our riders will execute a "Safe Drop" protocol after a 5-minute waiting period. Upon executing a Safe Drop, all liability for product security and spoilage transfers entirely to you.

  • 5.4 Capacity Limits: All deliveries are subject to our strict 50-unit daily production capacity, with active subscriptions receiving primary fulfilment status as detailed in our Shipping Policy.

SECTION 6 - INTELLECTUAL PROPERTY Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Brews, its affiliates or licensors and are protected by South African and foreign patent, copyright and other intellectual property laws. These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Brews reserve all rights not expressly granted herein.

SECTION 7 - OPTIONAL TOOLS You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

SECTION 8 - THIRD-PARTY LINKS The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. We are not liable for any harm or damages arising from your access to any third-party websites. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY Brews is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Brews. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Brews, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Brews.

SECTION 10 - PRIVACY POLICY All personal information we collect through the Services is subject to our Privacy Policy. By using the Services, you acknowledge that you have read this privacy policy. Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you.

SECTION 11 - FEEDBACK If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS Occasionally there may be information on or in the Services that contain 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 is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 13 - PROHIBITED USES You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material; (h) to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

 

SECTION 14 - TERMINATION We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

SECTION 15 - DISCLAIMER OF WARRANTIES The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. EXCEPT AS EXPRESSLY STATED BY Brews, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

SECTION 16 - LIMITATION OF LIABILITY TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL Brews, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES.

SECTION 17 - INDEMNIFICATION You agree to indemnify, defend and hold harmless Brews, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

SECTION 18 - SEVERABILITY In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service.

SECTION 19 - WAIVER; ENTIRE AGREEMENT The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us constitutes the entire agreement and understanding between you and us and governs your use of the Service.

SECTION 20 - ASSIGNMENT You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 21 - GOVERNING LAW These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Republic of South Africa. You and Brews consent to venue and personal jurisdiction in the courts of South Africa.

SECTION 22 - HEADINGS The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE You can review the most current version of the Terms of Service at any time on this page. We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes.

SECTION 24 - CONTACT INFORMATION Questions about the Terms of Service should be sent to us at support@shopatbrews.com. Our contact information is posted below: Trading as Brews Email: support@shopatbrews.com Business Number: (27+) 72 574 9629