Our Terms of Purchase

These terms govern every order you place with Lowerland through this website. They set out how a sale is concluded, what you pay, when ownership and risk pass to you, and what happens if something goes wrong. They are subject to the Consumer Protection Act, 68 of 2008 (“CPA”) and the Electronic Communications and Transactions Act, 25 of 2002 (“ECTA”), and nothing in them limits any right you have under those Acts. By placing an order you agree to these terms.

At a glance

1. Who you are contracting with

Your contract is with Lowerland (Pty) Ltd, a company registered in the Republic of South Africa, trading from Lowerland Farm, R386, Prieska, Northern Cape. Our full supplier details, including our registration and VAT numbers and the contact details of our Information Officer, are published in our Legal Hub.

2. Definitions

• Goods means the farm produce and related items offered for sale on the Website.
• Order means your request to purchase Goods from us.
• Website means the Lowerland online store.
• You means the person placing the Order, or the entity on whose behalf it is placed.

3. Our Goods and how they are described

We are a working farm. Our Goods are grown, milled, raised and packed on the farm, which means they vary naturally in size, colour and appearance. Photographs on the Website are representative and are not an exact depiction of the item you will receive.

Where Goods are sold by weight, the weight shown on the Website is the nominal packed weight and is the weight on which the price is calculated. Natural variation in the packed weight of individual items does not entitle either party to an adjustment of the price.

We take care to describe our Goods accurately. If a Good is not as described, your rights under section 56 of the CPA apply and we will replace it or refund you — see Shipping and Returns.

4. Availability and substitution

Farm production is seasonal and finite. Displaying a Good on the Website is an invitation to do business and not an offer, and does not guarantee that the Good is in stock. If a Good you have ordered is unavailable, we will contact you and you may choose to wait for it, accept a substitute of equivalent value, or receive a refund of the amount paid for that Good. We will not substitute a Good without your agreement.

5. Prices and VAT

All prices are in South African Rand and include Value-Added Tax where VAT is chargeable. Certain basic foodstuffs are zero-rated for VAT purposes under the Value-Added Tax Act, 89 of 1991, and no VAT is added to those Goods. The tax treatment of each Good is reflected in your order summary and on your tax invoice.

Delivery is charged separately and is calculated at checkout before you pay. The total payable, inclusive of VAT and delivery, is displayed to you before you confirm your Order.

We may change our prices at any time, but a change will never affect an Order we have already accepted. If a Good is listed at an obviously incorrect price as a result of an error, we are not obliged to supply it at that price; we will contact you, and you may confirm the Order at the correct price or cancel it for a full refund.

6. How an Order is concluded

Placing an Order is an offer by you to buy the Goods. A binding sale comes into existence only when we accept that offer.

1. You place the Order and receive an automated order acknowledgement. This confirms that we have received your Order. It is not acceptance.
2. We accept your Order when we have received your payment in full and confirmed availability of the Goods. Only at that point does a contract of sale arise. Card and instant-EFT payments made through Payfast are confirmed immediately; a manual bank transfer is only confirmed once the funds reflect as cleared in our account.
3. The delivery lead time of 7 to 12 days runs from our acceptance, not from the date you placed the Order.

Before you confirm your Order you are given an opportunity to review it and to correct any errors, as required by section 43(2) of ECTA. Please check your Order carefully, including the delivery address.

7. Payment

Payment is due in full before your Order is packed. The payment methods available to you are shown at checkout.

• Card and instant EFT via Payfast. Payment is processed by Payfast, a licensed South African payment service provider, on its own secure platform. We do not receive, process or store your card details. Payfast confirms payment to us immediately, so your Order is accepted as soon as the payment succeeds.
• Direct bank transfer (EFT). Please use your surname and order number as the payment reference. Your Order is only accepted once the funds reflect as cleared in our bank account, so the lead time begins on clearance, not on the date you make the transfer.

If payment is not received within 3 days of your Order being placed, we may cancel the Order and release the stock.

8. Delivery, risk and ownership

Delivery coverage, lead times and fees are set out in our Shipping and Returns policy, which forms part of these terms.

• Ownership of the Goods passes to you when we have received payment in full.
• Risk in the Goods passes to you on delivery to the address you gave us, or to any person at that address who accepts the delivery on your behalf.
• You are responsible for giving us a correct and complete delivery address and for making arrangements for the Goods to be received. Because our Goods are perishable, a failed delivery caused by nobody being available to receive them may result in the Goods being lost, and we cannot refund you in that case.

9. Cooling-off and cancellation

Section 44 of ECTA gives a consumer a 7-day cooling-off right on goods bought electronically. Section 42(2) of ECTA excludes from that right goods that, by their nature, deteriorate or expire rapidly. Our fresh, chilled, frozen and preservative-free Goods, and all wine, fall within that exclusion and are not subject to the cooling-off right. Unopened shelf-stable Goods are, and may be returned within 7 days at your cost.

Separately from the cooling-off right, you may cancel or amend any Order up to 3 days before it is packed, at no charge. Once your Order is within 3 days of packing, the Goods have been committed to production for you and the Order can no longer be cancelled or amended. Full detail is in Shipping and Returns.

We may cancel an Order if the Goods are unavailable, if payment fails or is not received, if we cannot deliver to your address within a maintained cold chain, or if we reasonably suspect fraud. Where we cancel after payment, we refund you in full.

10. Goods that arrive damaged, spoiled or incorrect

We do not ask you to send food back to us. If your Order arrives damaged, spoiled, short or incorrect, tell us within 24 hours of delivery with your order number and photographs, and we will replace the affected Goods at our cost or refund you. This is set out in full in Shipping and Returns, and is in addition to your rights under section 56 of the CPA.

11. Alcohol

Wine is sold only to persons aged 18 years or older, and only where our liquor licence permits. You warrant that you are 18 or older when you order wine, and that the Goods will be received by a person aged 18 or older. We may refuse or cancel any Order for wine where we are not satisfied that these conditions are met. See our Alcohol Policy.

12. Our liability

We are liable to you for loss caused by our failure to meet our obligations under these terms, and for any liability that the CPA imposes on us and that may not lawfully be excluded, including liability for harm caused by unsafe or defective Goods under section 61 of the CPA.

To the extent permitted by law, we are not liable for indirect or consequential loss, for loss of profit, or for loss arising from your failure to store, handle, prepare or cook the Goods appropriately after delivery. Our food is supplied without preservatives and must be refrigerated or frozen on arrival and consumed within the period indicated on the packaging.

Nothing in these terms excludes or limits any liability that cannot lawfully be excluded or limited.

13. Allergens and dietary information

All of our Goods are packed in a single facility in which nuts, gluten-containing grains and other allergens are handled. We therefore cannot guarantee that any Good is free of traces of an allergen handled in that facility, including where the Good itself contains no such ingredient. If you have a food allergy or intolerance, please contact us before ordering so that we can tell you what we do and do not handle.

Ingredient and nutritional information appears on the packaging of each Good. Where that information differs from the Website, the packaging is correct.

14. Complaints and disputes

Please raise any complaint with us first, at orders@lowerland.co.za or on 066 124 1056, quoting your order number. We will acknowledge your complaint and work with you to resolve it.

If we cannot resolve it between us, you may refer the matter to the National Consumer Commission or to an accredited consumer-goods ombud, as provided for in the CPA. This does not affect your right to approach a court.

15. Changes to these terms

We may amend these terms from time to time. The version published on this page when you place your Order is the version that governs that Order. We recommend you review this page each time you order.

16. Governing law

These terms are governed by the law of the Republic of South Africa, and are subject to the jurisdiction of the South African courts. We sell only within South Africa.

17. Contact us

• Email: orders@lowerland.co.za
• Telephone: 066 124 1056
• Address: Lowerland Farm, R386, Prieska, Northern Cape, South Africa