(LEGAL) OUR Terms and Conditions
Raw Food for Pets (Pty) Ltd
operated by Blue Sage Distribution (Pty) Ltd,
(a company registered in South Africa under number 2015/398273/07 whose registered office is at 9 Ruth Crescent, Northcliff, Randburg, 2115, Gauteng, South Africa).
It may be beneficial for you to read the Legal Notice & associated Terms, Policies and Notices before using the Blue Sage “Raw Food for Pets”, "Buy Raw for Pets" and "Raw for Pets Information" website(s), sending e-mails to Blue Sage Distribution (‘Blue Sage’), Raw Food for Pets ("Raw Food for Pets") or submitting articles, polls or interacting in any way.
Terms and Conditions
Applicable Law; Jurisdiction; Severability
These Terms and Conditions of Use and any disputes arising under or related to these Terms and Conditions of Use (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the Republic of South Africa, without reference to its conflicts of law principles. Any legal actions, suits or proceedings arising out of these Terms and Conditions of Use (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the applicable courts of the Republic of South Africa, and you hereby accept and submit to the personal jurisdiction of these courts with respect to any legal actions, suits or proceedings arising out of these Terms and Conditions of Use. You also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms and Conditions of Use. If any provision of these Terms and Conditions of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions of Use, which shall remain in full force and effect. No waiver of any of these Terms and Conditions of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition. If you use the Site from a location outside of the Republic of South Africa, you are solely responsible for compliance with any applicable local laws.
You are provided with access to this website in accordance with these Terms and any orders placed by you or on your behalf in respect of any of the Products must be placed strictly in accordance with these Terms.
You warrant that:
- The Personal Information that you are required to provide when you register as a customer of ours is true, accurate, current and complete in all respects; and
- You will notify us by e-mail immediately of any changes to the Personal Information.
- You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
You agree fully to indemnify, defend and hold Raw Food for Pets (Pty) Ltd, operated by Blue Sage Distribution (Pty) Ltd and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Terms by you or anyone you are responsible for or any other liabilities arising out of your use of this website, or the use by any other person accessing the website using your shopping account and/or your Personal Information.
Description of Products
Each Product purchased is sold subject to its Product Description which sets out any additional Specific Conditions related to that Product.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the website.
Contract creation and electronic contracting
The technical steps required to create the contract between you and us are as follows:
- You apply to be a website user and will receive your authorised account number and appropriate delivery day.
- You place the order for your products on the website by pressing the confirm order button at the end of the checkout process.
- We will send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from us .
Order acceptance and the creation of the contract between you and us will take place on the despatch to you of the Products ordered.
We may but are not obliged to notify you of our non-acceptance of an order made by you. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any Product from this Website whether or not that Product has been sold; removing or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
The contract will be concluded in English.
Prices include VAT at the prevailing rate within South Africa and delivery cost unless otherwise stated.
Payment can be made by any of the methods specified in the payment section of this website and payment will be debited and cleared from your account as set out in the payment section of this website. You confirm that the credit, debit or store card that is being used is yours.
All credit / debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.
Payment Options Accepted
Payment may be made via direct EFT, Visa and MasterCard.
To be eligible to purchase Products on this website and lawfully enter into and form contracts with this website under South African law you must:
- Register by providing your real name, phone number, e-mail address, payment details and other requested information.
- Be over 18 years of age.
- Stipulate a valid, physical delivery address in the South Africa. Please note that PO box numbers, hotels and accommodation addresses are not acceptable. If you are not sure of the street postal code, please refer to your Delivery Zones FAQ page for details.
- Possess a valid credit or debit card issued by a bank acceptable to us for use by the payment gateways listed in the payment section of the site, or use a bank that supports EFT transactions on the go.
By making an offer to buy a Product, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your debit or credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
Payment for Order
Upon receiving confirmation of your payment via EFT, Visa, MasterCard, or one of the payment gateways, your order status will change & we will start processing it for delivery. Please ensure that you pay soonest so that we can include you in our daily planning cycles.
Card Acquiring and Security
Card transactions will be acquired for Blue Sage Distribution (Pty) Ltd, trading as Raw Food for Pets, via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
Delivery Fees (Dry Products)
Dry products fee across the country is calculated based on the courier selected.
Delivery Fees (Frozen Products)
A mandatory delivery fee applies to all orders. Orders within our Delivery Schedule and Service Zones:
- Delivery to Home in Gauteng: R 100.00 (inclusive)
- Delivery to Gauteng Surrounds (Potchefstroom, Kroonstad, Harrismith, Secunda & Witbank): R 200.00 (inclusive)
Orders outside our Service Zones:
- Fees will be calculated based on courier of choice;
- Order will be placed on hold and until confirmation received from you.
Shipping, Backorder, and Partial Shipments
Orders typically ship via within 1-3 business days if all ordered items are in stock. As a rule, we will hold your order if an item is on back order except in cases where you have completely run out of food! The order will ship complete once all items are in stock. If you have run out of food, please call us directly, or email email@example.com for urgent arrangements, in which case we will part-deliver your order.
International & PO Box Shipments
We do not ship internationally at this stage. We also cannot ship to P.O. Boxes - we need a fully qualified and valid street address please - see the Service Zones section for details.
Delivery of Orders
We operate a distribution service throughout Gauteng and surrounding areas, as defined in Delivery Zones FAQ or Schedule, for the frozen pet cuisine. We deliver to most areas at least once every two weeks. You can review our published delivery schedules for clarity. When you are successfully registered as a website user we will notify you of the delivery day(s) and this will remain the same day each week going forward, subject to bank and/or public holidays.
Occasionally, there will be areas of Gauteng that we are unable to serve via our delivery service. If you think you may live outside of our main distribution area, please send an email to firstname.lastname@example.org to find out if we are able to deliver to you. In the instance that we do not serve your area, our customer service team will be happy to put you in touch with your nearest stockist, or you can browse for stockists in your local area using our stockist locator (Contact Us -> Our Stores), or we will help arrange a courier service.
In order to give us time to ensure your products are packaged and distributed to the highest standards we request that orders are received by at least 10.00 am on the day prior to the day of delivery.
Delivery of goods other than on the relevant day is not possible.
Goods will be delivered between 10.00 am and 5.00 pm on the relevant delivery day and you must be available to accept the goods within those times. Upon delivery you will be required to sign a proof of receipt (delivery note).
If you are not able to accept the goods we will leave a card providing the details of our attempt to deliver and advising you how you can re-arrange delivery. Whilst we attempt to keep our charges to a minimum, if we are unable to leave the goods through no fault of our own a further standard delivery charge may be levied prior to re-arranging delivery.
If you are not available to sign for your delivery and have left delivery instructions to that effect when placing your order, you will be deemed to accept the full risks of receipt of those goods. In this instance, in the event of a dispute, proof of delivery will be constituted by proof that our delivery team acted upon those instructions.
We cannot be held responsible for the non-performance of any aspect of order delivery arising as a result of incorrect information being provided by you. You may be responsible for the cost of delivery and return of the goods in these circumstances.
We shall not be liable for the non-performance of any aspect of order delivery arising as a result of circumstances beyond our control.
In the unlikely event that your order should fail to arrive on the relevant delivery day please advise us of the fact by e-mail at: email@example.com within a period of 48 hours, providing us with your account number, post code and delivery date, and we will investigate the reason and respond to you within a further period of 48 hours from receipt of your e-mail. If, as a result of our investigations, we fail to come up with an appropriate reason for non-delivery or are unable to locate a signed proof of delivery document your order will be deemed by us to be “lost”. In these circumstances you may either cancel your order and we will refund any amounts paid in full, or we will arrange for delivery of the goods on an alternative date.
We cannot be held liable for any consequential loss whatsoever as result of a product being “lost” or not arriving on time.
For every order placed you will receive an order confirmation, by e-mail, within 24 hours of placing that order with full details of products, prices and delivery details requested on that order. Please do not hesitate to contact us if confirmation is not received within that time frame.
Cancellation or Orders
All orders can be cancelled at any time up until 5.00 pm prior to the day of dispatch. To do this simply email or phone, quoting your order reference number and we’ll refund any monies paid in advance as soon as possible.
We regret that we are unable to accept cancellations for frozen products as we are unable to guarantee their condition upon return to us after the fact or cut-off period.
We are continually looking for ways to improve our service to you so would appreciate feedback on why you feel the need to cancel your order, although you are under no obligation to do so.
If you cancel your order you must return the goods to us at your own expense and in the original packaging, other than, of course, the frozen goods. You must ensure goods are packaged adequately to protect against damage.
If you fail to return the goods, we can arrange to collect them, and will charge you the direct cost of collection. If you fail to take reasonable care of the goods before they are returned to us, and this results in damage or deterioration, we will charge you for the reduction in value.
This cancellation policy does not affect your legal rights, for example if goods are faulty or misdescribed.
Due to the sensitive nature of some of the products, Raw Food for Pets (Pty) Ltd, operated by Blue Sage Distribution (Pty) Ltd, does not offer refunds on any products purchased from the online shopping site. Should you not be completely satisfied with the quality of the product/s, you are welcome to notify us directly, or by using the customer feedback information displayed on the product label. We regret that we are unable to accept returns for frozen products as we are unable to guarantee their condition upon return to us.
For the purpose of this section and clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from Polity.Ord.
Customer Details Separate from Card Details
Your details will be stored by Blue Sage Distribution (Pty) Ltd separately from card details which are entered by you on PayGate's secure site. For more details, please refer to PayGate Website. In other words, we do not store credit card details on our site.
If you choose not to provide Personal Information, you may not be able to do certain things, like access particular areas of our websites, request samples, participate in competitions or send us e-mail.
Collection of Personal Information
How We Use Your Information
When you supply us with your Personal Information we will use it for the express purpose for which it was collected (e.g. to send you a sample), and we also may make use of such Personal Information as described below.
Personal Information collected as a result of your use of this Site may be used by the brand responsible for the Site or promotion, to contact you regarding other products and services which may be of interest to you (including those we may offer jointly with other companies). At any time, however, you may opt out of such contact.
We may share your Personal Information with third-party service providers that assist us in maintaining, operating and improving this Site. For example, at times we may retain third parties to analyse data we collect, including Personal Information, to help us improve our products and our web sites. In addition, if you order a product or service from us, we may provide Personal Information to suppliers and other third parties to enable delivery of such product or service. These third parties, including suppliers, are not authorized by us to use your Personal Information in any other way.
We may supplement the information that you provide to us with other information that we receive from third parties. We do this for marketing purposes in order to provide the most appropriate products and services to meet your needs.
We may also transfer, sell or assign your Personal Information to any entity to which we divest all or a portion of our business (for example, in connection with our sale of a brand), to the extent that you provided such information to the specific portion of our business (or brand) that is being divested, or otherwise in connection with a merger, consolidation, change in control, reorganization or liquidation of all or a portion of our business.
Finally, please note that we will release your Personal Information if required to do so to protect our business interests, to comply with law enforcement, or in response to a search warrant, subpoena or court order.
Other Information We Collect Online
Even if you do nothing during your visit but browse through the Site, read pages, or download information, we will gather and store certain information about your visit automatically. This information does not identify you personally. We automatically collect and store only the following information about your visit:
- The Internet domain (for example, “xcompany.com” if you use a private Internet access account, or “yourschool.edu” if you connect from a university’s domain) and IP address (an IP address is a number that is automatically assigned to your computer whenever you are surfing the Web) from which you access our Site;
- The type of browser and operating system used to access our Site;
- The date and time you access our Site; and
- The pages you visit.
Site measurement statistics may be used to personalize your Site experience, as well as to evaluate statistics about usage of the Site. This is to ensure that our Site presents the best web experience for visitors.
We collect this information to better tailor our Site and our products to your interests and needs. Cookies may also be used to help speed up your future activities at our Site. For example, a cookie can help us recognize that you have provided Personal Information to us and refrain from requesting the same information a second time.
Privacy of Children Online
Security of Information
We take reasonable precautions to keep your Personal Information secure. All personally identifiable information is subject to restricted access in an effort to prevent unauthorized access, modification or misuse.
Notwithstanding our efforts, the Internet and world wide web have inherent security risks. We cannot promise or guarantee, and you should not expect, that Personal Information, personal searches, and other communications will always remain secure. You should take care with regard to how you handle and disclose Personal Information.
Notice to Site Visitors Located Outside of the Republic of South Africa
Changes in Our Policy
Contact Information, please write to us at:
- Blue Sage Distribution (Pty) Ltd
- 9 Ruth Crescent
- South Africa
- Email address: firstname.lastname@example.org
The trademarks, logos, and service marks (collectively, the “Trademarks”) displayed on this website, including, but not limited to Blue Sage Distribution (Pty) Ltd, Raw Food for Pets (Pty) Ltd, and those of our suppliers, including but not limited to: "Simply Pets", "Simply Natural", "Dogmatters", "Doggobone", "HoneyVale Herbs", "Viking Fishing Group", "RogZ", "Promix Supplements", "Crede Natural Oils", "Raw Love for Pets", "DrinkWell", "Rooibos Aromatics", "Champion Foods", "Cool Dogs Ice Cream", "The Herbal Pet and Horse", "Efficient Microbes", "EziDri", "Kuto", "Hemopet", "Nutriscan", "Simple Solution", "Ricky Litchfield", "Spencers", "Doggie Hillfigher"; are registered and unregistered trademarks of Raw Food for Pets (Pty) Ltd, Blue Sage Distribution (Pty) Ltd and our suppliers. The RAW FOOD FOR PETS logo (device) (2017/20294-5), PURFECTLY PAWSOME APPROVED logo (device) (2017/20296-7), and the wording "FOODING YOUR WHOLE PET" (2017/20298-300) are registered trademarks of Raw Food for Pets (Pty) Ltd. The wording "FOODING FOR LIFE" and "FOODING TO THRIVE" are trademarks of Raw Food for Pets (Pty) Ltd. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this website without the express written permission of Blue Sage Distribution (Pty) Ltd or such third party that may own the trademarks displayed on this website. Your misuse of the Trademarks or any other Content on this website is strictly prohibited.
Intellectual Property Rights
Blue Sage Distribution (Pty) Ltd either owns the intellectual property rights in the underlying HTML, text, images, audio clips, video clips, software and other content (collectively, the “Content”) that is made available to you on this website, or has obtained the permission of the owner of the intellectual property in such Content to use the Content on this website. Except as provided in our Terms, Blue Sage Distribution (Pty) Ltd prohibits the redistribution or copying of any Content on this website without its express written permission. Blue Sage Distribution (Pty) Ltd hereby authorises you to display on your computer, download and print pages of this website, subject to the following provisions:
- the copyright notice appears on all such printouts;
- the information will not be altered in any manner; and
- the content is only to be used for personal educational and non-commercial use and will not be redistributed, broadcast or copied to any other media.
Use of profanity, verbal threats and abusive language will not be tolerated and any such behaviour will result in your order being cancelled. This applies to telephone, email and face-to-face communications.