Terms and Conditions of Marked B

GENERAL:

• No Vat is charged on any of the items. A delivery fee will, however, be added to the sale price during the checkout stage of the transaction.
• All prices are subject to change and are valid while stocks last. Changes to the price may be necessitated due to any fuel, food, and/or inflation type price increases that may occur from time to time.
• Delivered products may vary in appearance when compared to the images on our website. This is due to the nature of the products being sold.
• We hereby reserve the right to make necessary substitutions without notifying you, alleged such substitutions are significant. in the latter instance, Marked B will attempt to contact you to notify you of such intended substitution. All substitutions will be of equal or greater value and look as similar as possible to the product so displayed on our website.
• If you are not 100% satisfied with the product delivered, you are to inform customer service within 1 (one) hour. The item will then be collected and will be, as far as possible, replaced. If the item is incapable of being replaced, as an alternative, a refund will be processed. Refunds will be processed as per our refund policy below.
• If the purchased product is still in its original condition and packaging and there is stock of something else which would be preferable to you, an exchange can be arranged but this cannot be guaranteed. Due to the nature of the product being sold, we keep a limited stock available so we only be able to exchange should stock be available. If no stock is available, a refund may be processed but this will be entirely dependent on the reason for the return and is at Marked B’s absolute discretion. Please note that in this instance, a collection, handling, and redelivery fee will be charged.
• If you have received a product that is different from the one you ordered, and you would like to return it, kindly inform customer service within 1 (one) hour of receiving it. Arrangements will then be made for the item to be returned and for the correct product to be delivered to you as soon as possible. Do not under any circumstances remove the product from its original packaging, tamper with or use the product in any way or have consumed any part of the product as this will invalidate your right to return the product.
• Please note that if you consume any part or portion of the sold product, you will automatically void your right to a return, and/or exchange and/or be entitled to a refund by Marked B.
• Whilst Marked B may from time to time offer vouchers, it hereby reserves the right to cancel orders placed if there has been a misuse of a voucher or unsolicited voucher use. Vouchers are valid for a period of 3 (three) years from date of purchase and if not used within such time, the voucher will expire. Vouchers are not refundable for cash.
• To avoid any confusion and or issues, kindly ensure that all names, delivery information, card messages (if any) are correctly spelled. All messages requested will be written “as is” and thus all information supplied will not be altered, including but not limited to the correction of any spelling and grammar errors, by our cake decorating team. All information shared will thus be presumed to be correct.
• The packaging of all products is subject to change.
• Whilst Marked B will take every precaution to ensure that its products are correctly marked and are what they are described as, such as gluten free and vegan, you are hereby advised that products are produced in a kitchen(s) where gluten and animal products are used. Cross contamination may therefore occur.
• Marked B products may be exposed to nuts, animal products, eggs and the like, and thus Marked B cannot guarantee that cross-exposure will not occur. It is therefore your responsibility to inform Marked B of any known allergies. Should cross-contamination occur, you hereby agree to hold Marked B harmless for any damages which may occur as a result therefrom.
• The products sold are heat sensitive and thus Marked B will not process any refunds or exchanges due to the incorrect storage of its products. Storing products in the fridge or other cold storage will alter the taste and texture of the product and Marked B will not be responsible for such altering of its products.
• Whilst Marked B will try its best to accommodate last minute orders, this is done entirely within its discretion. Last-minute orders are any orders received within 7 (seven) days from the date of requested delivery.

CONCLUSION OF SALES AND AVAILABILITY OF STOCK:

• When purchasing any items advertised on our website, Marked B hereby reserves the right to accept or reject such orders. Marked B’s acceptance of any order will depend on the availability of the product so ordered and its capacity to complete your order timeously.
• Placing any items in a shopping basket without completing the purchase cycle does not constitute an order for such items. Such items may be removed from the shopping basket if stock is no longer available or the price thereof has changed, without notice to you.
• You cannot hold Marked B or any other third party liable for such item(s) if such items are no longer available or not available at that particular price when you attempt to complete the transaction at a later time.

DELIVERY:

• Delivery times cannot be guaranteed and will take place during normal business hours.
• If you have ordered more than one product from Marked B, each item may be delivered separately, but each separate product purchased will carry its own delivery charge.
• Deliveries will take place between 08:00 AM and 18:00 PM Monday to Friday and 09:00AM and 12:00 PM Saturday and Sunday. Delivery fees will be increased if a delivery request is made outside of these hours. Please note that the closing times for deliveries are subject to change per daily road traffic allowances. No deliveries will be processed or delivered on Easter and Christmas days.
• Unfortunately, it is not possible to leave deliveries unattended at your or the recipient’s front door. All efforts will ever be made to deliver at reception, receiving, security, or a neighbour if you are not available. Any deliveries to an alternative address will be subject to additional delivery fees.
• Normal delivery procedures involve giving you a telephone call when the driver is at or near the specified address. If you and/or the recipient is not available, a redelivery will be attempted at a later stage. Please note that Marked B will not be responsible for the quality of the product if the delivery of the product is delayed past 1 (one) hour from the original date and time requested. In this instance, no refund, return or exchanged will be processed by Marked B.
• Please note that drivers will only be able to wait for you for a limited amount of time – 15 minutes before alternative collection arrangements will need to be made. As the products being delivered are heat sensitive, Marked B will not be responsible for damage to any products due to any delivery delays.
• The delivery fee will depend on your location.
• A 15% handling fee plus delivery will be added if the address provided is incorrect or incomplete, or if you have changed your mind and wish to cancel or change your order when the item has already left our offices. In this instance, no refund will be processed by Marked B.
• If your delivery has been attempted more than twice, a handling fee of 25% (of either the delivery fee or the total sale) plus delivery will be charged.
• Marked B reserves the right not to deliver to your chosen delivery address if it is deemed by our drivers to be unsafe and a risk to their lives.
• Marked B does not take responsibility for any delays to the delivery of its products due to inter alia any acts of God, traffic congestion, strike action, riots, mechanical issues with the vehicle and the like. In this instance, Marked B also does not take any responsibility for how the product is received once it is delivered if the delay was caused due to one of the listed delays mentioned above.

PAYMENTS OF REFUNDS: 

• Any payments paid by direct deposit requires proof of payment, which has to reflect in our account before any item will be released for delivery. In order to prevent any unwarranted delays, payment via credit card or on the platform is recommended.
• When paying via debit or credit card, you hereby warrant that Marked B are fully authorized to use the debit/credit card supplied for the purposes of paying for the products and that the card has sufficient available funds to cover all the costs associated with your purchase.
• If payment has not been paid in full within 3 (three) days from the date of delivery, your order will automatically be cancelled.
  Proof of payment is required before an order can be released, which must be emailed to us at: info@markedb.co.za.
• Once processed, cash refunds will take between 3 (three) to 5 (five) working days to reflect into the account the original payment was made from.
• Marked B uses the services of a third party to process our transactions. Payfast’s privacy policy and terms and conditions are available on their website. You hereby acknowledge and agree that you are familiar with their terms and conditions prior to placing any order with Marked B.

CANCELLATION POLICY: 

• Should you cancel your ordered product 7 (seven) days or less from the date of delivery, you will be charged in full for the product so ordered.
• Should you cancel your ordered product between 8 (eight) and 14 (fourteen) days from the date of delivery, you will be charged 25% (twenty-fife percent) of the product so ordered.
• Should you cancel your ordered product on more than 14 (fourteen) days’ notice from the date of delivery, there will be no charge.

OUR BAKES PRODUCTS:

• As all baked items are fresh, no changes or cancellations are allowed on your order unless such changes or cancellations is made within 7 days prior to delivery. No cancellation will be possible once the product is out for delivery or has already been delivered.
• Personalized changes to any baked orders can be made at zero cost to you prior to the personalized product being completed and delivered to you. However, Marked B reserves the right to charge you an additional fee should your changes result in additional costs being incurred by Marked B or its supplier to accommodate your changes.
• If changes are requested after the personalized product has been completed, you will be charged in full for the completed product, even if you have selected to cancel your order as a result.
• Cakes are supported by structures, such as straw, dowels, skewers and the like. Marked B will not be responsible for any injuries that may occur or be associated with these support structures.

ERRORS:

• Marked B shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges on our website. However, should there be any errors of whatever nature whatsoever on our website, which is not as a result of gross negligence by us, Marked B shall not be liable for any loss, claim or expense relating to a transaction based on any error, save refunds due to you as a result of any incorrect purchase price.

THIRD PARTY SELLERS:

• Marked B will indicate when items are for sale by a third party seller. In such cases, Marked B not only provides the platform to facilitate transactions between the third-party sellers and Marked B’s customers, but will also remain the seller of such items to the public unless otherwise specified.

PRIVACY POLICY:

• Marked B will take all reasonable measures to protect your privacy and attach herewith our Privacy Policy for ease of reference.

CHANGES TO THESE TERMS AND CONDITIONS:

• Marked B reserves the right, at its sole and absolute discretion, to make any changes to these terms and conditions at any time. It is therefore your responsibility to regularly check these terms and conditions to make sure that you are satisfied therewith.

APPLICABLE LAW AND NOTICES:

• These terms and conditions and our relationship and/or any disputes 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 our 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 these terms and conditions.
• In the event of any dispute arising between you and Marked B, you hereby consent to the exclusive jurisdiction of the Magistrates Court of Wynberg, Cape Town, notwithstanding that the quantum in the action or proceedings may otherwise fall outside the monetary jurisdiction of that court.
• Nothing contained in these terms and conditions shall limit your right to approach any other tribunal or forum with competent jurisdiction in terms of the Consumer Protection Act.
• A domicilium citandi et executandi address is used for the purposes of giving any notice, serving and legal processes, and for any other purpose arising from an agreement. You hereby agree that the email address supplied on our website when ordering any of our products shall be your chosen domicilium address. Marked B choses its address to be info@markedb.co.za.
• Any notices to be served by either party to the other must be in writing and will be sent via e-mail to the relevant party at its respective e-mail address. Parties must ensure that their “read receipt” notification is on, to serve as proof that the e-mail has been received.

DISCLAIMER:

• The use of our website is entirely at your own risk, and you assume full responsibility for any risk or loss resulting from the use of our website or reliance on any information on our website.
• Marked B should not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, reliance on, the website or the contents contained therein, or your inability to use our website.
• You hereby indemnify Marked B against any loss, claim, or damage which may be suffered by yourself or any third party arising in any way whatsoever from your use of our website.
• All goods sold from our website are sold “as it” without warranty of any kind, whether express or implied.
• Marked B may in its sole discretion terminate, suspend, or modify our website, with or without notice to you. You hereby agree that Marked B will not be liable to you in the event that it chooses to suspend, modify, or terminate our website.
• If you fail to comply with your obligations under these terms and conditions, this may lead to the suspension and/or termination of your access to our website, without prejudice to any claims for damages or otherwise which Marked B may have against you.
• Marked B is entitled, for the purposes of preventing suspected fraud, to blacklist you on its database, including but not limited to suspending or terminating your access to our website, refusal to accept or process payment on any order, and/or cancel any order completed between you and Marked B in full or in part, unnoticed to you. Marked B should only be liable to refund monies already paid by you, and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.

OTHER:

• You may not cede, assign, or otherwise transfer your rights and obligations in terms of these terms and conditions to any third party.
• Any failure on the part of you or Marked B to enforce any right in terms thereof shall not constitute a waiver of that right.
• If any term and condition contained herein is declared invalid, the remaining terms and conditions shall remain in full force and effect.
• No variation, addition, deletion, or agreed cancellation of the terms and conditions will be of any force or effect unless reduced to writing and accepted by both parties.
• No indulgence, extension of time, relaxation, or latitude which any party may show or allow the other shall constitute a waiver of that party’s rights.
• These terms and conditions contain the whole agreement between you and Marked B and no other warranty or undertaking is valid, unless contained in this document.