- INFORMATION ABOUT US AND HOW TO CONTACT US
1.1 Who we are. This Website is operated by Maraki Catering Supplies (Pty) Ltd, a company registered in South Africa. Our company registration number is 2023/547211/07 and our registered office is at 28 Lindsay Street, Hunters Home, Knysna, Western Cape, 6571. Our registered VAT number is 4580267856.
1.2 How to contact us. You can contact us by telephoning our Customer Service team on 0861 102 324, open from Monday – Friday, 8 am – 5 pm, or by email at onlinestore@maraki.co.za
1.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
1.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails as per section 12 of the Electronic Communications and Transactions Act 25 of 2002
1.5 “Website” means the Maraki website www.maraki.co.za.
- OUR CONTRACT WITH YOU
2.1 By placing an order on our Website, it shall be regarded as an offer to purchase products under these terms and conditions.
2.2 After you place an order, you may receive an e-mail from us to acknowledge that we have received your order with a summary of the products selected, the delivery details provided and the payment method. Please note that receipt of this email does not mean that your order has been accepted by us.
2.3 All orders are subject to acceptance by us and the availability of the product.
2.4 Your order is accepted, and a contract is created between you and us we have dispatched the products which you ordered and we have sent a confirmation of dispatch email to you.
2.5 If we are unable to supply you with a product(s), due to an error (for example the product is no longer in stock or available or a description error on our Website), we will inform you that your order has been rejected and will not be processed. If you have already paid for the order we will refund you the full amount as soon as possible unless you do not wish to cancel your order.
- DESCRIPTION AND AVAILABILITY OF OUR PRODUCTS
3.1 While we take the utmost care to ensure the product descriptions, pictures, information and prices are accurate, we do not accept liability for any inaccuracies, errors or omissions.
3.2 Products may vary slightly from their pictures. The images of the products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
3.3 Stock availability may be shown on the Website, and whilst we endeavour to ensure products are always available, there may be times when products will be temporarily out of stock.
- PRICE AND PAYMENT
4.1 Prices include VAT but not delivery costs. All prices as displayed on our Website will be South African Rand (ZAR) or one of the currencies we offer. South Africa (ZAR) is inclusive of VAT, at the prevailing rate, but excludes delivery costs, which will be added to the total amount due.
4.2 What happens if we get the price wrong? Despite our best efforts, it is always possible that a pricing error on our Website may occur. If the product you ordered was incorrectly priced we will normally, at our discretion, either contact you and give you the option of reconfirming your order at the correct price or cancel the order or reject your order and notify you of the rejection. Orders will not be accepted if there is a pricing error.
4.3 Price changes. Prices are subject to change without notice, any subsequent purchases of the same product cannot be guaranteed at the same price, but changes will not affect your order if we have delivered it to you.
4.4 When you must pay and how you must pay. When purchasing products online, a valid payment method must be used at the time.
4.4.1 We accept payment with the following credit or debit cards: Visa credit and debit cards, and MasterCard credit and debit cards.
4.4.2 We do not accept cash, cheques, gift cards or vouchers as payment for purchases online.
4.5 By submitting an order to us through our site, you are confirming that the payment details provided on your order are valid and correct. All transactions will be in South African Rand (ZAR). We will charge your credit or debit card at checkout once the sale is completed.
- DELIVERY OF THE PRODUCTS
5.1 Delivery information and costs. Free Nationwide Delivery in South Africa is offered on all online orders over R1000. A standard delivery charge of R250 will be charged for all orders under R1000. If you have made an online credit card payment, your order will be processed as soon as payment has been received. If you have made an EFT payment, we will process your order once your payment has cleared in our account. We send all orders with our selected courier, The Courier Guy. On dispatch, we will email you the waybill number, which can be tracked online via the courier tracking portal. Then click on the ‘Tracking’ button where you will be prompted to enter the waybill number received from us.
5.2 PUBLIC HOLIDAYS: Please note our courier service does not deliver on public holidays, which may cause a delay in receiving your order. To find out if your order will be delivered in time, please email onlinestore@maraki.co.za. If the first delivery attempt fails, our courier attempts to deliver the next day. The customer allows 3 delivery attempts before the package is returned to the sender. Maraki operates a standard product pricing policy in South Africa, meaning that customers are charged the same prices irrespective of where they live.
5.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. If there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
5.4 When you become responsible for the product. Ownership of the product will pass to you once we have received payment in full and we have delivered the product to you at the address you gave us or you collect it from us. We may recover any products ordered by you at any time prior to ownership passing in the case of breach of these terms and conditions, fraud or negligence. Risk in the product will pass to you upon delivery.
- YOUR RIGHTS TO CHANGE OR END YOUR CONTRACT WITH US
6.1 Can I change my order? If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of delivery or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to proceed with the change.
6.2 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our Customer Service team on 0861 102 324, open from Monday – Friday, 8 am – 5 pm. Or, if you prefer you can email us at onlinestore@maraki.co.za
6.3 Can I end my contract? You have the right to cancel any order you have placed (except for any products made to your specification or personalised) at any time up to 30 calendar days after we have delivered the product, known as a “cooling off period”.
6.4 How do I end my contract? If you are contracting as a consumer to cancel the order without any liability to us you must contact us 30 calendar days after we have delivered the product on 0861 102 324, open from Monday – Friday, 8 am – 5 pm. Or, if you prefer you can email us at onlinestore@maraki.co.za
6.5 How do I return the product? If you cancel your order you must return the entire product unused and undamaged in the original product packaging including the care and use booklet and all labels and also the original dispatch note, within 30 calendar days of notifying us of your decision to cancel the contract. You can return your order, or we will organise to have the order collected.
6.6 When will I receive my refund? We will refund the price paid for your product to the method of payment you used in the original order within 10 days from the day on which you informed us of your decision to withdraw from the contract. We reserve the right to withhold the reimbursement until we have received the product back. The cost of delivery of returning the product to be covered by Maraki and fulfilled by our courier partner.
6.7 What happens if you receive the wrong order or the product is damaged on receipt of delivery? Please contact us on 0861 102 324, open from Monday – Friday, 8 am – 5 pm. Or, if you prefer you can email us at onlinestore@maraki.co.za. We will then establish the reason for the return and send you an email including your related case number and if appropriate the return procedure and address information.
6.8 How do I return the product? If we have requested the product to be returned you must return the entire product undamaged in the original product packaging including the care and use booklet and all labels and also the original dispatch note.
6.9 Will I receive a refund? If we find that the product is not as ordered or is damaged we will refund the price paid for your product to the method of payment you used. If the reason for the return is not due to damage, we reserve the right to refuse to accept the returned product or to refund the purchase price paid if the product is not returned as required in clause 6.8 above.
- GUARANTEE AND LIMITATION OF LIABILITY
7.1 Maraki hereby provides the following warranties in respect of the goods –
7.1.1 the goods are guaranteed, from the date of delivery thereof to you, for the applicable warranty period stipulated in the applicable warranty document separately provided to you in respect of the replacement of all parts relating to such goods where such parts fail due to faulty materials or faulty workmanship;
7.1.2 any parts of the goods comprising glass, plastic, globes, fuses, elements and metal castings are excluded from the application of this warranty;
7.1.3 Maraki’s liability under the guarantee shall be limited to the repair or replacement (at its election) of defective parts of the goods;
7.1.4 you shall, at your cost and expense, deliver the defective materials and/or goods concerned to Maraki and make payment to Maraki when required, for all labour charges incurred by Maraki in connection with the repair or replacement concerned;
7.1.5 to the extent that any payment due by you to Maraki in respect of the goods is overdue, Maraki shall not be obliged to effect the replacement or repair unless and until such overdue amounts have been paid in full.
7.2 Maraki shall not be bound to honour the warranty and it shall be void if –
7.2.1 any damage or defect is caused to the goods as a result of, whether directly or indirectly, the improper use of the goods by you or any of your employees or agents;
7.2.2 you fail to notify Maraki in writing of any defect in the goods within 7 days of such defect coming to your knowledge;
7.2.3 you fail to return the defective part or goods (where necessary) to Maraki within 7 days of the notification;
7.2.4 you are in breach of any material provision of these TCs.
7.3 Save for the warranty set forth in clause 7.2, the goods are sold voetstoots. Maraki gives no warranty as to the suitability of the goods for the purpose for which you intend to use them.
7.4 To the fullest extent permissible in law, Maraki shall not be liable for any loss or harm suffered by you arising from or in connection with the goods sold to you, whether as a result of faulty materials, faulty workmanship, as a result of any repairs or replacements not having been effected timeously or at all or arising from any other cause whatsoever.
7.5 You shall not have any claim of any nature whatsoever against Maraki for any failure by Maraki to carry out any of its obligations in terms of this agreement as a result of any circumstances beyond the reasonable control of Maraki, including, without limitation of generality of the afore going, any default or delay on the part of any subcontractor, carrier, supplier or their agents.
7.6 To the fullest extent permissible in law, Maraki’s total liability, if any, whether in contract, delict (including negligence), misrepresentation or otherwise, arising in connection with the supply of the goods, the performance or contemplated performance of this agreement, shall always be limited to the price of the goods and Maraki shall not be liable to you for loss of profit, loss of business or depletion of goodwill, in each case, whether direct or indirect or consequential in nature.
- GENERAL
8.1 We shall not be liable for any indirect losses you may suffer as a result of contracting with us, including any indirect loss of your profit, income or anticipated savings.
8.2 We are not liable for any business losses. If products purchased from the Website are for commercial, business or re-sale purposes we have no liability to you for any losses including any lost profit, income or revenue, anticipated savings, business, contracts, data, time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
8.3 These terms and conditions constitute the entire terms on which we will provide products to you and cancel and supersede all prior arrangements and representations, whether verbal or written.
8.4 We may amend these terms and conditions from time to time at our discretion without notice to you. Any amendments will be made on this Website and will supersede any terms and conditions previously published by us.
8.5 No delay or failure by us in exercising or enforcing any of our rights or remedies under these terms and conditions shall operate as a waiver of those rights.
8.6 If any one or more of the provisions of these terms and conditions should be held by any court to be unenforceable, such provision shall be validly restated to as nearly as possible approximate the intent of the clause and, if such clause cannot be restated for any reason, shall be severable from these terms and deleted.
8.7 All notices given by you to us must be sent to our registered address notified of these terms and conditions from time to time. We may give notice to you at either the email or postal address you provide to us when placing an order.
8.8 We do not sell to minors. If you are under 18 years old you cannot buy online Maraki products unless you are supervised by your parents or other adults responsible for you.
8.9 All matters concerning and incidental to any offer or agreement for the purchase and sale of products from our website shall be in English and construed and governed according to South African law and the South African courts shall have exclusive jurisdiction in all such matters.
- Trademarks
The trademarks, business logos and promotional rights associated with each brand in South Africa (the intellectual property) are protected under registered trademarks in South Africa, also internationally and remain strictly reserved.
The unauthorised use of Maraki’s intellectual property is strictly prohibited. Please note the granting of any rights to a third party for association with the Maraki brand is solely within the discretion of Maraki and its duly authorized representatives. Any infringement, unauthorised publicity or unlawful association with, or use of any brand or trademarks will result in urgent legal recourse against the transgressing party.
- POPIA
We are committed to protecting your privacy and ensuring safe and secure online shopping. We use your personal data to complete your online purchase of the product and provide additional services (after-sale services, the prevention of fraud, and the management of returns). Only with your consent, we may also process your personal data to send you personalized marketing communications. How we may use your personal information and our policy relating to privacy and the use of cookies is set out here in our privacy policy and cookies policy.
Maraki uses your personally identifiable information collected on the Website primarily for the following purposes;
- to deliver requested goods, services or information.
- to allow you access to restricted areas of the Web Site as appropriate.
- to contact you in response to enquiry forms and resume submissions.
When opting in to receive correspondence from Maraki, you consent to receive marketing communications from us electronically in accordance with our privacy policy. These include but are not limited to a monthly newsletter, promotional mailers, invitations to exclusive events, etc. Use of Non-Personal Information
Non-personal information may be used to;
- analyse and develop a marketing strategy
- determine how you found out about us
- determine your interest in our products and services
- improve the Web Site based on user data
Maraki may share non-personal information with third parties.
- Customer Reviews
We would be happy to know your feedback on our products. At the end of the purchase, we may invite you to write a product review and share your experience.
Our goal is to gather the opinions of our customers, positive or negative.
Do not post any advertising or commercial content or use our websites to perform any commercial activity. Do not post offensive or inappropriate content. Maraki is not responsible for user content posted on our websites, although we reserve the right to remove inappropriate content at our sole discretion.
Contents are owned by you, but when you post a review on our websites, you license it to Maraki. By posting a review, you understand that you grant a non-exclusive, perpetual (at least for the duration of the protection of the applicable intellectual property rights), transferable, sub-licensable, royalty-free, worldwide license to use the contents that you post on our websites, for any purpose, including commercial use, and including the right to create derivative works, translate, reproduce, display, distribute, or modify the contents, and sublicense or assign these rights.
Your review can be visible from other platforms, such as search engines and social media. Your review will be visible until removed. After publication, you can contact Maraki by emailing onlinestore@maraki.co.za. to remove your review. You understand that the removed contents may persist on our systems or other platforms to the extent your contents have been publicly posted and may be accessed by or shared with other users or third parties who have not deleted them. For more details about how we handle your data and your privacy rights, please see our privacy policy.
- CHANGES TO THESE T&CS
We Keep these terms under regular review. The last update is on the 07.08.2023