Terms & Conditions
1.1. Kitchen Junky and the associated Kitchen Junky website (http://www.kitchenjunky.co.za) is operated and owned by Knowledge Focus (PTY) Ltd, registration number 2000/011780/07 (hereinafter referred to as “Kitchen Junky”).
1.2. Use of this website is governed by these terms and conditions for users and visitors. Visitors (hereafter referred to as “Users”) of this website, including those users who purchase products or other goods from this website, are bound by these terms and conditions whilst using the website.
1.3. By registering a user account with Kitchen Junky, users agree that they have read, understood and agree to these terms and conditions, and understand that they are binding and enforceable.
1.4. You acknowledge that by not agreeing to accept the terms and conditions, a user account cannot be created and the use of the website will be restricted.
2.Important Notices of the terms and conditions for the Kitchen Junky website
2.1. These terms and conditions apply to all website users who are consumers for purposes of the Consumer Protection Act. 68 of 2008 (hereafter referred to as the CPA).
2.2. If there are any provisions in these terms and conditions that are not understood by the user, it is the responsibility of the user to contact Kitchen Junky to clarify these provisions before the terms and conditions are accepted. Kitchen Junky will not be held liable for any misunderstandings or misconceptions that a user might have about these terms and conditions.
2.3. These terms and conditions do not intend to unlawfully restrict, limit or obscure any rights or obligations and has been created to adhere to the stipulations set out by the CPA.
3.Terms and Conditions for registering an account with Kitchen Junky
3.1. Goods can only be purchased by registered users with valid user accounts for the Kitchen Junky website.
3.2. User account registration requires a valid contact email address and subsequent email address verification before goods can be purchased.
3.3. A user account will require the following information from the user:
3.3.1. A unique user name
3.3.2. A password that adheres to the password security requirements outlined during the registration process.
3.4. Kitchen Junky uses any and all available security measures to grant access to the website. If a user cannot provide their unique user name and password when logging in, access to the site will not be granted.
3.5. For security purposes, you acknowledge that user account information is confidential and that you will not share this information with any third party.
3.6. A valid user account will also require other user-specific information, which may include:
3.6.1. Contact person and valid contact details for the user account. This includes a valid daytime contact telephone and cellphone number.
3.6.2. A valid delivery address which will be used by Kitchen Junky’s distribution channels as the delivery point of purchased goods.
3.7. You agree that orders will be processed if goods are ordered while a user account is signed in and that you will be held liable for the full payment of that order, irrespective of whether the account information has been used in an unauthorized or unlawful manner, unless the order is cancelled according to the terms and conditions outlined in clause 17.
3.8. You agree that you will notify Kitchen Junky immediately upon becoming aware of or reasonably suspecting unauthorized or unlawful access to your user account and/or the associated user credentials. You also agree to take steps to mitigate any resulting loss, damage or harm.
3.9. By accepting the terms and conditions associated with this website, you agree that you are 18 years or older and of full legal capacity. If you are under the age of 18 and not legally permitted to enter into a binding agreement, a parent or legal guardian has to consent to your use of and supervise your activity on the Kitchen Junky website, which binds the parent or legal guardian to the terms and conditions of this website.
3.10. By creating a user account, you agree to not use any device, software or instrument to interfere or attempt to interfere with the normal workings and/or operations of the website or functionality thereof.
3.11. You agree to not use any form of robot, crawler or spider to monitor, modify, copy or distribute any of the information contained on the Kitchen Junky website.
3.12. You agree to not use any part of this website to distribute, create or promote any material that is defamatory, unlawful, offensive or contains hate speech of any kind.
3.13. You agree to not use any of the information contained in this website in any way or form without prior written consent from an administrator of the website.
3.14. By registering a user account with Kitchen Junky, you acknowledge the user account terms and conditions listed in the stipulations above and agree to adhere to these terms and conditions.
4. Ownership and Copyright
4.1. All the information that appears on this website and all associated information repositories are under the ownership of Kitchen Junky and/or associates of Kitchen Junky.
4.2. You agree to not use, copy or modify any of the information owned by Kitchen Junky without prior written consent by a Kitchen Junky administrator.
5.1. By accepting these terms and conditions, you acknowledge and agree that the use of this website is entirely at your own risk. You also acknowledge to take full responsibility for any risk, loss or damage resulting from the use of this website, products purchased from this website, or reliance on information that appears on this website.
5.2. Kitchen Junky disclaims liability for any loss, liability or loss whether direct, indirect or consequential in nature in connection with your use of the Kitchen Junky website. You acknowledge to agree to these terms by creating a user account and using the website.
5.3. While Kitchen Junky takes all reasonable measures to ensure that the information listed on the website and/or functionality of the website is accurate, complete and up to date, Kitchen Junky cannot warrant or guarantee (whether express or implied) as the the accuracy, timeliness, quality of the information and website functionality.
5.4. Products sold on the Kitchen Junky website may be under warranty from the manufacturers or the suppliers to Kitchen Junky, but this does under no circumstances imply that the product is under warranty from Kitchen Junky or the Kitchen Junky website, unless specifically noted as such.
5.5. Kitchen Junky does not necessarily agree with any views or opinions that are expressed on the Kitchen Junky website.
5.6. Kitchen Junky does not take any responsibility for any damage, loss or liability caused to any area of your personal or business related property and/or assets by files or information that were obtained from the website. Although we take all reasonably precautions to ensure that the files and information on the website are (and remain) free of viruses, malware programs, spyware programs or any type of similar harmful programs, destructive materials or states, Kitchen Junky cannot take responsibility for any losses incurred by downloading or acquiring files and information from the website.
5.6.1. Damages, losses and liabilities may include (but are not limited to) corruption, destruction, disruption, impedance and any other type of negative state to your computer hardware, software, network or other computer related infrastructure, instruments or devices.
6. Links to third party websites or content
6.1. Kitchen Junky may contain links, references and/or other communication channel links to third party websites or third party content.
6.2. You acknowledge that Kitchen Junky cannot be held liable for any loss, liability or damage suffered by you by accessing any of the third party links or references and that you access third party links and references at your own risk.
6.3. Kitchen Junky does not necessarily agree with any views or opinions that are expressed on third party websites.
7.1. Kitchen Junky will use all reasonable measures to ensure that all user-related information is protected.
7.2. By registering a user account with Kitchen Junky, you acknowledge that you might be required to provide the website with the following user information:
7.2.1. Your name and surname
7.2.2. Email address
7.2.3. Physical Address
7.2.4. Delivery Address (in case it does not correspond to your physical address)
7.2.5. Contact phone numbers (work, home and cellular telephone numbers)
7.2.6. Date of Birth
7.3. You acknowledge that it is your responsibility to keep personal information up to date or to inform Kitchen Junky of changes in personal details, so that we can update these details on your behald, should you not be able to do so.
7.4.1. You acknowledge that if you do accept cookies from the Kitchen Junky website, you consent that your some of your user information will be collected and used to tailor your shopping experience with us, subject to privacy terms and conditions stated in clause 7.7,
7.5. You acknowledge that all personal information that you provide to Kitchen Junky (required or voluntary-submitted user information) is accurate and does not falsely impersonate or misrepresent another person or affiliation with another entity.
7.6. Kitchen Junky will utilize your personal information in the following ways:
7.6.1. To facilitate a sale of goods to you.
7.6.2. To contact you with regards to transactions made with us.
7.6.3. To contact you with promotional, corporate or functional material that you have given consent to.
7.6.4. To contact you with details relating to delivery of purchased goods.
7.6.5. To improve and tailor your shopping experience with us. This may include non-personal browsing habits, statistical information and hardware & software configurations of your browsing device.
7.7. Kitchen Junky will not use any personal information that you entrust to us for any purpose (apart from the conditions listed in clause 7.6) without your express consent. We will not disclose any personal information to a third party without your consent, unless the following terms and conditions apply:
7.7.1. Kitchen Junky is legally obliged to provide user information in order to comply with applicable laws, court orders or other legal processes served to the company.
7.7.2. Kitchen Junky is required to disclose user information if it is necessary to protect the company and defend the property and rights of Kitchen Junky.
7.8. Kitchen Junky does conduct business with third parties in order to facilitate transactions and deliveries of goods purchased by you. Kitchen Junky will therefore need to disclose some relevant information relating to these transactions to third parties, in order for the transaction to be successful. Kitchen Junky will ensure that all personal information that is provided to these third parties are protected under strict confidentiality agreements and that the information will not be subject to any unauthorized use. See clause 7.6 for a description of the ways in which Kitchen Junky will use your personal information.
7.9. In relation to the storage of personal information, Kitchen Junky will:
7.9.1. Take all reasonable measures to protect and secure the information that you provide us against unauthorized access, unauthorized disclosure and damage.
7.9.2. We will treat all user-related information as strictly confidential.
7.9.3. Kitchen Junky will provide you with the means to edit, update and view all personal user information through website functionality.
7.9.4. Permanently delete, destroy and return all personal information upon your request.
7.9.5. Provide you with reasonable evidence of the above-mentioned measures on reasonable notice and request.
7.10. Kitchen Junky will not retain any of your personal information for a longer period of time than it is needed, unless required by law.
7.11. Kitchen Junky reserves the right to disclose your personal information to law enforcement authorities in cases of fraudulent online transactions or other criminal investigations with which we are legally obligated to comply.
7.12. Kitchen Junky undertakes to not sell, make available, publish or provide your personal information to any third party (excluding those third parties who are categorized under clause 7.7).
7.13. Whilst Kitchen Junky will utilize every reasonable measure to safeguard your personal information, we cannot guarantee or accept any liability for unauthorized or unlawful disclosures of your personal information, whilst in our possession and/or made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
7.14. Kitchen Junky has no control over how entities use or store your personal information. Kitchen Junky cannot be held liable for any loss, damage or liability suffered by you as a result of disclosing your personal information to a third party, regardless if they are are linked to or referenced on the Kitchen Junky website.
8. Limitation of Liability
8.1. Kitchen Junky works with various suppliers and other intermediaries, and is also subject to exchange rate fluctuations and other variable costs for some of our products. Therefore, Kitchen Junky cannot be held liable for any inaccurate information that might appear on the website, apart from those cases where the liability, loss or damage suffered is as of a direct result of gross negligence or wilful misconduct of Kitchen Junky or authorized representatives. These errors may include (but is not limited to) inaccurate prices, item availability, product descriptions and other general product information errors.
8.2. You acknowledge that your use of this website is entirely at your own risk. Kitchen Junky cannot be held liable for any damage, loss or liability arising directly, indirectly, specially or consequentially from:
8.2.1. Your use of the Kitchen Junky website/linked third party website.
8.2.2. Your reliance on the information or content contained on the Kitchen Junky website/linked third party website.
8.2.3. Your inability to use the website/linked third party website.
8.2.4. Unlawful activity on the website/linked third party website.
8.3. You hereby indemnify Kitchen Junky against any loss, liability or damage suffered by you or a third party, arising in any way from your use of this website and/or any linked third party website
9. Changes to these terms and conditions.
9.1. Kitchen Junky reserves the right to make changes to these terms and conditions (or any part thereof) at its sole discretion and at any time.
9.2. You will be notified of any changes to the terms and conditions via Kitchen Junky communication channels or through accessing the website.
9.3. Changes to the terms and conditions will only apply to your use of the website after the change is displayed on the website.
9.4. For continued further use of the website, the updated terms and conditions will have to be accepted.
10. Website Availability and Termination
10.1. Kitchen Junky will utilize every reasonable measure to maintain the availability of the website, but is reliant on service providers for some aspects of the website to remain available and functional. Kitchen Junky cannot be held liable for any loss, liability or damage caused by you or a third party as a result of website unavailability due to service provider faults, failures or service interruptions.
10.2. Kitchen Junky will at times be unavailable due to scheduled maintenance. Kitchen Junky reserves the right to to discontinue providing the service or any part thereof with or without prior notice to you.
10.3. Kitchen Junky cannot be held liable for any loss, liability or damage suffered by you or a third party as a result of not being able to access the website.
10.4. Kitchen Junky will utilize every reasonable measure to ensure the website is available, but may be subject to interruptions in service that are out of our control due to environmental variables, e.g power outages.
10.5. Kitchen Junky may at its discretion terminate, suspend and modify the website and any parts thereof (including functionality). You agree that Kitchen Junky will not be liable to you if it chooses to terminate, suspend and modify the website or any parts thereof.
10.6. Kitchen Junky reserves the right to suspend or revoke access to this website (at our sole discretion) to your user account and Internet Protocol (IP) address if you should violate these terms and conditions in any way and not remedy the violation within 7 days.
10.7. You acknowledge that you indemnify Kitchen Junky of any loss, liabilities or damages suffered by you or a third party due to account suspension.
10.8. Kitchen Junky can reinstate user accounts that have been suspended, provided that they meet the following conditions:
10.8.1. Remedy the violating offence that caused the suspension.
10.8.2. Evidence that the suspension was carried out in error.
10.8.3. Evidence that the suspension was carried out with no reasonable grounds to do so.
10.9. To reinstate a user account or to receive any information regarding user account suspension or reinstatement, please send an email to info@KitchenJunky.co.za.
11. Terms and Conditions of quotations
11.1. Kitchen Junky works with various suppliers and intermediaries and are subject to exchange rate fluctuations and other variable costs. Therefore, to get the most accurate prices and availability for certain goods, a quotation will need to be performed. Kitchen Junky provides the functionality to get a quotation for products directly from the website or via an email or phone call to Kitchen Junky’s contact center. These contact details can be found on the Contact Us web page.
11.2. Orders will only be processed once payment has been received for the invoice. Please refer to clause 13 for information on payment terms and methods.
12. Terms and conditions of sale
12.1. Registered users of the Kitchen Junky website may place orders for goods as long as the goods are available and have not been sold out.
12.2. Stock of all the goods offered on the Kitchen Junky website is limited. Although Kitchen Junky takes all reasonable measures to ensure that stock levels are monitored and accurately reflected on the site, we cannot guarantee the availability of stock. Kitchen Junky can only be held liable for goods that are in stock and available.
12.3. Item availability will be confirmed at the time of purchase. Although Kitchen Junky carries stock of most of the goods on the website, there are some goods that are not kept on hand and we would therefore need to confirm stock levels with our suppliers.
12.4. In the event that an item is marked as 'in stock' and for some reason cannot be supplied any more due to damage, supply chain problems or inventory error, you are entitled to either be credited or refunded for the payment made by you for the item.
12.5. If an item is no longer in stock, you are entitled to either be credited or refunded for the payment made by you for the item.
12.6. An agreement of sale between you and the company will come into effect upon an order confirmation message displayed on the website or via an order confirmation email which will be sent to the email address that you provide on your user profile. Order confirmation notifications will only be sent after payment or proof of payment for the order has been received by Kitchen Junky.
13.1. Kitchen Junky is committed to providing convenient and secure payment facilities. All transactions that occur on the website are encrypted using the appropriate encryption technology.
13.2. Kitchen Junky is reliant on various payment services to conduct transactions. Therefore, payment functionality is subject to the availability of these services.
13.3. Payment for goods can be made via the following payment methods:
13.3.1. Debit card
13.3.2. Credit card
13.3.3. Direct bank deposit or Electronic Funds Transfer (EFT). Direct bank deposits and Electronic Funds Transfers (EFT) payments should use the order number as the reference number, so that the order and the payment can be associated.
13.4. In cases where credit cards are used, additional information may be required to authorize and/or verify the validity of the payment. Kitchen Junky reserves the right to withhold the delivery of the ordered goods until the additional information has been acquired and the payment has been authorized. You warrant that you are fully authorized to use the credit card supplied for the purposes of paying the goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the website.
13.5. Kitchen Junky reserves the right to only release goods once the payment reflects in our bank account or in the records of our payment service partners.
13.5. A full record of your transaction can be obtained by sending a request in an email to info@Kitchen Junky.co.za
14. Delivery of Goods
14.1. Kitchen Junky offers delivery of ordered goods via our courier partners and may in specialized cases offer self-collection facilities.
14.2. For certain items sold directly through the website, delivery quotations will be calculated and presented to you before checkout completes.
14.3. Kitchen Junky will also include an estimated delivery date, which is provided to us by our shipping partners.
14.4. Kitchen Junky will deliver to anywhere in South Africa.
14.5. If there are any problems relating to a shipment, please send an email to info@KitchenJunky.co.za in order for Kitchen Junky's customer service agents to investigate the matter.
14.6. In the event of unexpected or unreasonable circumstances that prevent shipping from commencing on the stated delivery date, Kitchen Junky reserves the right to delay the shipment of an order at its sole discretion.
14.7. You acknowledge Kitchen Junky cannot be held liable for any loss, liability or damage caused to you or a third party resulting from your use of our shipping facility.
15.1. Kitchen Junky will utilize all reasonable measures to ensure that the information relating to products, pricing, delivery charges and availability on the website is correct and accurate. However, Kitchen Junky will not be liable to honour transactions for goods made with erroneous information, apart from refunding the money that you have paid for those goods.
16. Electronic Communications
16.1. By visiting the website or communicating with us over any electronic communication channel like email or social networking sites, you consent to receiving electronic communications from us.
16.2. Kitchen Junky will send out promotional material to subscribers of such material. If you do not wish to be a subscriber to these materials, please read the promotional material carefully which will guide you to unsubscribe from these communications.
17. Cancellation of Orders and Refunding
17.1. You are, in terms of section 44 of the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”) entitled to cancel, without reason and without penalty, your order for the goods with 7 days of receipt of the goods. In such an event -
17.1.1. you will receive a full refund of the purchase price within 30 (thirty) days of the date of your cancellation of the order;
17.1.2. you undertake not to utilize the goods;
17.1.3. your agreement of purchase will be deemed to have been cancelled, and
17.1.4. you will be liable in terms of section 44(2) of the ECT Act for the direct costs of returning the goods, such as courier and/or shipping charges.
17.2. Kitchen Junky will only take back goods that are unused and undamaged and still in the original, undamaged packaging.
17.3. Kitchen Junky may, in its sole discretion, accept the cancellation of an order by you, on sufficient cause shown and on a case by case basis. In which event the provisions set out in this clause 17 in respect of refunds and returns will similarly apply.
18.1. Subject to the provisions of clause 17 above, goods may be returned only when defective, damaged or if the goods supplied are not the same goods as what was ordered. If any defect in the goods are discovered within the individual good’s warranty period, this must be reported to us as soon as reasonably possible after the goods having been delivered to you and must be returned to us within the warranty period. If the Goods are not the same as what was ordered this must be reported within 24 (twenty four) hours of delivery. Any damage must also be immediately reported, within 24 (twenty four) hours of delivery.
18.2. If the goods have been approved by us in accordance with the provisions of clause 18.1 for return, we will notify you and either arrange (i) for our couriers to collect the item from you; or (ii) request that you send it back to us via courier; or (iii) ask you to return the goods to our physical location, depending on your original order’s shipping method.
18.3. If goods are sent back to us, they should be sent back in the original, undamaged packaging.
18.4. Nothing in this clause 18 or the Terms and Conditions in any way limits your rights in terms of section 56 read with section 55 of the CPA and the ECT Act in any way.
19. Governing law and jurisdiction
19.1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
19.2. In the event of any dispute arising between you and the Kitchen Junky, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Division) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
19.3. Nothing in this clause 19 or the Terms and Conditions limit your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA and ECT Act.
20. Domicilium and Notices
20.1. Kitchen Junky hereby elects 35 Selati Street, Ashlea Gardens, Pretoria as its address for the service of all formal notices and legal processes in connection with these terms and conditions of sale (“domicilium citandi et executandi” or “nominated address”). You hereby nominate the address on your goods order form as your nominated address.
20.2. Either party may change its nominated address to any other physical address by not less than 7 days’ notice in writing to the other party.
20.3. Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent -
20.3.1. by hand will be deemed to have been received on the date of delivery;
20.3.2. by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
20.3.3. by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and
20.3.4. by email will be deemed to have been on the date indicated in the “Read Receipt” notification. All email communications between you and us must make use of the “read receipt” function to serve as proof that an email has been received.
21.1. Kitchen Junky may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
21.2. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
21.3. Any failure on the part of you or Kitchen Junky to enforce any right in terms hereof shall not constitute a waiver of that right.
21.4. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
21.5. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
21.6. No indulgence, extension of time, relaxation or latitude which any party (“the grantor“) may show grant or allow to the other (“the grantee“) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
21.7. These Terms and Conditions contain the whole agreement between you and the Company and no other warranty or undertaking is valid, unless contained in this document between the parties
Standard competition terms & conditions
- Specific terms of each competition will be specified in the competition launch post, including prizes, start & end dates and instructions to enter the competition.
- One entry per person, unless stated otherwise in the initial competition launch post.
- Winners will be contacted by Kitchen Junky on the relevant form of communication.
- The winner will be selected with the use of a random number generator, where each entry will be assigned a number to participate with.
- Should the winner not respond to the email notifying him/her of their winnings by the date specified at the time of the draw, the draw will be repeated with the same entrants, excluding the previous winner. Another winner will then be drawn and notified that they have won. There will be a one month notice period to respond to the email notifying him/her of their winnings with the same consequences being applied should there be no response as was applied when the first winner did not respond. This process will be repeated until a winner responds upon which time that person will be confirmed as the final winner of the prize and the details of that person will be collected and the prize will be shipped to that person.
- The competition is only open to customers residing in South Africa
- The winner should allow 1 week for the prize to be shipped to them after supplying Kitchen Junky with the required details for shipment. Any delays on delivery will be communicated with the winner.
- The winner is responsible to provide the correct shipping address for delivery
- There will be no communication with entrants other than the winner of the competition after the decision on who had won the competition has been made. This is subject to these terms and conditions and Kitchen Junky’s decision on the winner is final.
- The prize cannot be transferred, exchanged or refunded for cash or any other product.
- Proof of identity may be requested from winners.
- People excluded from entering this competition include: employees or agents of Kitchen Junky, their immediate family members, spouse(s), life partners, business partners and associates.
- Any personal details provided to Kitchen Junky will be kept secure and will not be provided to any third party unless specifically required for fulfillment of the competition. For example a delivery address would be provided to the shipping company to fulfill delivery of the prize. Exceptions to this would be if disclosure is required by law or court order or if you agree otherwise. Personal information includes: Physical address, postal address, name, age, telephone number, email address.
- Entrants to this competition agree to all these Terms & Conditions and are bound by them. Failure to comply may result in prize(s) being forfeited.
- The rules of the competition are governed by the laws of South Africa and should be interpreted as such with disputes being subject to South African courts jurisdiction.