WEBSITE TERMS AND CONDITIONS FOR AMBORG PEOPLE SOLUTIONS (PTY) LTD
Effective Date: 1 December 2025
Last Updated: 1 December 2025
INTRODUCTION AND ACCEPTANCE
These Website Terms and Conditions ("Terms"), together with AMBORG People Solutions (Pty) Ltd's Privacy Policy, constitute the complete legal agreement between AMBORG People Solutions (Pty) Ltd ("AMBORG," "we," "us," or "our") and you ("Customer," "you," or "your") governing your access to and use of the AMBORG online store ("Website") located at AMBORG-online for the purchase of non-perishable food products marketed under the "Food Socks" brand.
By accessing the Website, registering an account, placing an order, or otherwise using the Website, you expressly agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you must not access or use the Website. Your continued use of the Website following any modifications to these Terms constitutes your acceptance of such modifications.
SECTION 1: DEFINITIONS AND INTERPRETATION
1.1 Key Definitions
For purposes of these Terms, the following definitions apply:
"Acceptance" means the Customer's unqualified agreement to be bound by these Terms, evidenced by the Customer's completion of the . Acceptance creates a binding contract between AMBORG and the Customer as of the date AMBORG sends an order confirmation email to the Customer's registered email address.
"Breach" means any failure by a party to perform its obligations under these Terms or applicable law. A "Material Breach" means a breach that goes to the heart of these Terms and substantially deprives the other party of the benefit of the contract, such as failure to deliver ordered Products, payment default of more than thirty (30) days, or infringement of intellectual property rights
"Confidential Information" means any non-public information disclosed by one party to the other, including customer lists, pricing information, product formulations, and business strategies, that is marked as confidential or should reasonably be understood to be confidential.
"Defective Goods" means Products that, at the time of delivery or within the warranty period specified in these Terms, do not conform to the product description on the Website or packaging, are unsafe for consumption or use, are contaminated or moldy, have been tampered with or compromised in their integrity, bear an expiry or best-before date that has passed, or do not meet the quality standards reasonably expected for similar food products sold in the ordinary course of commerce in South Africa.
"Electronic Communication" means any communication transmitted via email, SMS, WhatsApp, automated website notifications, or other data message as defined in the Electronic Communications and Transactions Act 25 of 2002.
"Food Safety Certificate" means a document issued by a manufacturer or food safety authority confirming that Products comply with applicable food safety regulations, including storage conditions, hygiene requirements, and labeling standards.
"Intellectual Property" or "IP" means all rights in patents, trademarks, trade names, service marks, copyrights, trade secrets, know-how, designs, and any other intellectual property owned by AMBORG or its licensors, including the AMBORG brand name, website design, product photography, and marketing materials.
"Material Variation" means a change to Products that is substantial enough to materially affect the customer's decision to purchase, including changes to product composition, allergen content, country of origin, or nutritional profile.
"Manufacturer" means the original producer or packager of the Products, as identified on the product label.
"Payment Processor" means the third-party service provider(s) (such as PayFast, Zapper, or similar PCI-DSS compliant providers) through which AMBORG accepts and processes customer payments online.
"Personal Information" has the meaning set out in the Protection of Personal Information Act 4 of 2013 and includes all information relating to an identifiable, living natural person that AMBORG collects through the Website, including but not limited to names, email addresses, residential or delivery addresses, telephone numbers, payment information, and order history.
"Products" means the non-perishable food items offered for sale by AMBORG through the Website, including but not limited to rice, lentils, pasta, soya, dried vegetables, sauces, and beans, with a shelf life of approximately twelve (12) months unless otherwise specified on individual product pages.
"Shelf Life" or "Best-Before Date" means the date indicated on the product packaging after which the product may deteriorate in quality, taste, or safety, and is the responsibility of the Customer to observe and not consume products after this date.
"Third-Party Service Provider" means any company, courier, or individual engaged by AMBORG to fulfill obligations under these Terms, including but not limited to delivery and logistics providers, payment processors, website hosting providers, and customer service providers.
"Transaction" means the complete process from order placement through payment, delivery, and any post-delivery interaction or dispute arising from the purchase of Products.
"Warranty Period" means the period during which AMBORG warrants that Products are fit for consumption and safe, as specified in Section 8 of these Terms.
"Website" refers to the AMBORG online store located at AMBORG-online and all associated pages, features, and services offered through this platform.
1.2 Interpretation
Headings inserted in these Terms are for convenience only and do not affect the meaning or interpretation of these Terms. Words in the singular include the plural and vice versa. In the event of any ambiguity or conflict between these Terms and the Privacy Policy or any other legal document, the interpretation most favorable to the customer, as required by the Consumer Protection Act 68 of 2008, shall prevail.
SECTION 2: SCOPE OF APPLICATION
2.1 Applicability to Transactions
These Terms govern all transactions involving the purchase and delivery of Products through the Website between AMBORG People Solutions (Pty) Ltd and natural persons (consumers) who are residents of South Africa and at least eighteen (18) years of age, or legally competent to enter into contracts. These Terms apply from the moment a customer first accesses the Website, creates an account, or begins browsing Products, through the completion of delivery and the expiration of all applicable cooling-off and warranty periods.
2.2 Non-Application to Certain Transactions
These Terms do not apply to transactions between AMBORG and business entities or juristic persons; transactions that are subject to the National Credit Act and are credit agreements; transactions for the wholesale or bulk purchase of Products at specially negotiated prices; or transactions conducted through channels other than the Website, such as direct telephone orders, unless AMBORG explicitly confirms in writing that these Terms apply to such transactions. Transactions conducted via channels other than the Website may be subject to separate terms and conditions.
2.3 Binding Effect of Acceptance
These Terms become binding on the Customer upon the Customer's affirmative acceptance via the clickwrap checkbox at checkout, combined with the Customer's submission of payment information and completion of the order. Mere browsing of the Website or viewing of product information does not constitute acceptance of these Terms. The Customer's acceptance creates a binding contract between AMBORG and the Customer governed by these Terms, the laws of South Africa, and the Consumer Protection Act 68 of 2008.
2.4 Incorporation of Privacy Policy and Other Documents
These Terms expressly incorporate by reference AMBORG's Privacy Policy (located at www.amborg-online.co.za), which governs the collection, use, and protection of Personal Information. The Privacy Policy is an integral part of these Terms, and the Customer's acceptance of these Terms constitutes acceptance of the Privacy Policy as well. In the event of any conflict between these Terms and the Privacy Policy, the provision most protective of consumer privacy shall prevail.
2.5 No Third-Party Beneficiaries
These Terms are solely for the benefit of AMBORG and the Customer. No third-party service provider, courier, payment processor, or other party is a party to these Terms or has any rights as a beneficiary thereof, except as expressly stated in writing by AMBORG. However, AMBORG's liability limitations in Section 12 may apply to third-party service providers to the extent permitted by law and as specifically stated in those provisions.
2.6 Precedence of Legislation
Notwithstanding anything in these Terms, in the event that any provision of these Terms conflicts with the Consumer Protection Act 68 of 2008, the Electronic Communications and Transactions Act 25 of 2002, the Protection of Personal Information Act 4 of 2013, the Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972, or any other applicable South African law, the statutory provision shall take precedence, and the conflicting Terms provision shall be deemed void and unenforceable. All statutory consumer rights remain in full force and effect.
SECTION 3: COMPLIANCE WITH SOUTH AFRICAN LAW AND CONSUMER RIGHTS
3.1 Applicable Legislation
AMBORG is committed to full compliance with all applicable South African legislation governing online retail, consumer protection, food safety, data privacy, and electronic commerce. These Terms are interpreted and applied in accordance with the following legislation, which is incorporated by reference and takes precedence over any conflicting provisions of these Terms:
(a) The Consumer Protection Act No. 68 of 2008 ("CPA"), which grants consumers fundamental rights including the right to be treated fairly, receive goods of acceptable quality, return defective goods, cancel purchases within cooling-off periods, and be protected against misleading or deceptive marketing practices.
(b) The Electronic Communications and Transactions Act No. 25 of 2002 ("ECTA"), which governs the formation of contracts via electronic means, the admissibility of electronic records, digital signatures, and the liability of online service providers.
(c) The Protection of Personal Information Act No. 4 of 2013 ("POPIA"), which establishes requirements for the lawful collection, storage, use, disclosure, and protection of personal information collected from customers.
(d) The Foodstuffs, Cosmetics and Disinfectants Act No. 54 of 1972, along with regulations thereunder and directives issued by the Department of Health, which govern the safety, labeling, packaging, and handling of food products, including shelf-life marking and storage requirements.
(e) The Promotion of Equality and Prevention of Unfair Discrimination Act No. 4 of 2000, which prohibits unfair discrimination in the provision of goods and services.
3.2 Unwaivable Consumer Rights
Customers acknowledge that nothing in these Terms, including any limitation of liability, disclaimer, or exclusion clause, waives, limits, or eliminates any right, power, or obligation granted to consumers or imposed on suppliers by the CPA, ECTA, POPIA, or other applicable consumer protection legislation. All statutory consumer rights are preserved in full and remain enforceable notwithstanding any contrary provision of these Terms. To the extent that any clause in these Terms is found by a court to conflict with or violate a consumer right under statute, that clause is void and unenforceable, and AMBORG shall be bound by the statutory requirement.
3.3 Consumer Remedies and Dispute Resolution
Customers are entitled to pursue remedies available under the CPA and other applicable legislation, including complaints to the National Consumer Commission, referrals to the Consumer Goods and Services Ombud, claims before consumer courts, or civil litigation in the ordinary courts, subject to the dispute resolution procedures outlined in Section 15 of these Terms. The availability of alternative dispute resolution mechanisms in Section 15 does not limit the customer's right to pursue statutory remedies or litigation.
3.4 Food Safety and Hygiene
AMBORG undertakes to comply with all food safety and hygiene requirements applicable to the storage, handling, and delivery of the Products, including requirements regarding temperature control, pest management, hygiene practices, and food safety audits. All Products are sourced from licensed manufacturers and are handled in compliance with the requirements of the Foodstuffs, Cosmetics and Disinfectants Act and applicable health and safety regulations. Customers are entitled to request evidence of AMBORG's food safety certification and compliance upon demand.
SECTION 4: ORDERING PROCESS AND CONTRACT FORMATION
4.1 Offer by AMBORG
The display of Products on the Website with prices constitutes an invitation to customers to make an offer to purchase, not a binding offer by AMBORG. AMBORG reserves the right to refuse or reject any order for any reason, including but not limited to suspected fraud, errors in pricing, stockouts, or delivery restrictions. Customers acknowledge that by adding Products to their shopping cart and proceeding to checkout, they are making an offer to purchase Products from AMBORG at the stated price and subject to these Terms.
4.2 Acceptance of Offer and Contract Formation
The following sequential steps constitute the customer's offer and AMBORG's acceptance, creating a binding contract:
(a) Customer Selection and Checkout. The customer selects Products, specifies quantities, enters delivery information (including street address, city, postal code, and telephone number), and proceeds to the checkout page.
(b) Review of Terms and Clickwrap Acceptance. Before submitting payment, the customer is presented with the full text of these Terms and a clickwrap checkbox stating: "I have read, understood, and agree to be bound by the Website Terms and Conditions and the Privacy Policy." The customer may not proceed to payment without affirmatively clicking this checkbox.
(c) Payment Submission. The customer enters payment details (credit card, debit card, or electronic payment details) and submits payment to the Payment Processor.
(d) AMBORG's Acceptance. Upon receipt of cleared payment funds in AMBORG's bank account, AMBORG shall send the customer an order confirmation email at the email address provided during checkout. The order confirmation shall include the order number, list of Products ordered, quantities, total price (including VAT and delivery charges), delivery address, estimated delivery date, and contact information for customer support.
(e) Contract Effective Date. A binding contract between AMBORG and the customer comes into existence upon AMBORG's transmission of the order confirmation email. This date is material for purposes of calculating cooling-off periods, warranty periods, and other time-sensitive obligations.
4.3 Payment Processing and Timing
Customers acknowledge that payment is processed through a third-party Payment Processor and that AMBORG does not directly receive or store payment card details. Customers shall not place an order until they have ensured that their payment method has sufficient funds and that they are authorized to use the payment method. Customers remain liable for all charges on their payment method, including any declined transaction fees imposed by their financial institution. AMBORG shall only accept payment and process orders for shipment after receiving notice from the Payment Processor that payment has been authorized and funds have been deposited into AMBORG's designated bank account. Payment processing times may vary depending on the payment method used (e.g., credit cards typically clear within one to three (1-3) business days; EFT payments may take two to three (2-3) business days).
4.4 Rejection of Orders
AMBORG reserves the right to reject any order, in its sole discretion, by notifying the customer within twenty-four (24) hours of order submission. If AMBORG rejects an order, AMBORG shall refund the full amount paid by the customer (including delivery charges) to the customer's original payment method within seven (7) business days. Grounds for rejection may include but are not limited to: suspected fraud or unauthorized use of a payment method; stockout or unavailability of ordered Products; pricing errors; delivery restrictions to the specified address; and verification failures or security concerns.
4.5 Modification or Cancellation of Orders Before Confirmation
Customers may modify or cancel an order at any time before AMBORG's transmission of the order confirmation email, by contacting customer support at sales@amborg.co.za or +27 72 600 0322 during business hours (Monday to Friday, 08:00 to 17:00 SAST, excluding public holidays). If the customer successfully cancels before confirmation, AMBORG shall refund the full payment within seven (7) business days. Orders cannot be modified or cancelled after AMBORG's transmission of the order confirmation email, except as provided in Section 8 (Returns and Refunds).
4.6 Confirmation Email Delivery
AMBORG shall transmit the order confirmation email to the email address provided by the customer during checkout. The customer is responsible for ensuring that the email address is correct and is not blocked by spam filters. It is the customer's responsibility to monitor their email (including the spam/promotions folder) for the confirmation email and to contact customer support if the confirmation email is not received within twenty-four (24) hours of order submission. If the customer does not receive a confirmation email within twenty-four (24) hours, they may contact AMBORG to request a resend, or to confirm that the order was accepted. The absence of a confirmation email does not necessarily mean that the order was not accepted; AMBORG may provide proof of order acceptance through alternative means, such as customer account access or phone confirmation.
4.7 Order Minimum and Maximum
AMBORG reserves the right to set minimum and maximum order values and to impose restrictions on quantities of particular Products that a single customer may order within a specific time period. Current limits are displayed on the Website and may be changed without notice. Customers will be notified if their order exceeds stated limits, and AMBORG may cancel or reduce the order to comply with such limits.
SECTION 5: PRODUCT DESCRIPTIONS, SPECIFICATIONS, AND AVAILABILITY
5.1 Accuracy of Product Information
AMBORG uses reasonable efforts to ensure that all product descriptions, images, pricing, specifications, and other information displayed on the Website are accurate, current, and complete at the time of display. However, AMBORG does not warrant that all information is completely accurate or error-free, and minor variations between product photos and actual delivered items may occur due to photography lighting, screen resolution differences, or natural variations inherent in food products (such as slight color variations in dried vegetables or beans). All product information is subject to verification and correction without notice.
5.2 Material Specifications and Allergen Information
Notwithstanding Section 5.1, AMBORG warrants that the following information shall be accurate and complete: product name, ingredients list, allergen warnings, country of origin, shelf-life date or best-before date, storage instructions, nutritional content (if displayed), weight or quantity per unit, batch or lot numbers (upon request), and any manufacturer recalls or safety alerts. If any of this information is inaccurate or incomplete on the Website, AMBORG shall correct it immediately and shall notify customers who have already ordered affected Products. If the inaccuracy constitutes a material misrepresentation (e.g., allergen information is incorrect, shelf-life date is significantly earlier than represented, or product composition differs materially from the description), the customer may return the Products and receive a full refund under Section 8 (Returns and Refunds).
5.3 Variations Due to Manufacturer Changes
AMBORG sources Products from licensed manufacturers. Occasionally, manufacturers may make minor changes to packaging, ingredients, or formulations without notice to AMBORG. Such changes do not constitute a material variation for purposes of these Terms, provided that the changes do not affect allergen warnings, nutritional content, safety, or core product identity. If a manufacturer change constitutes a material variation (such as a change in allergen content or a significant change in formulation), AMBORG shall update the product information on the Website and shall provide notice to customers who have previously ordered the affected Product.
5.4 Product Availability and Discontinuation
While AMBORG makes reasonable efforts to maintain accurate stock levels on the Website, Products are subject to availability. If a Product becomes unavailable or out of stock after a customer has placed an order but before AMBORG has transmitted the order confirmation email, AMBORG may cancel the order or offer the customer an alternative Product of equal or greater value at no additional cost. AMBORG reserves the right to discontinue Products at any time. AMBORG shall not discontinue a Product that has a known availability on the Website without clearly marking it as "Discontinuing" or "Limited Stock" for a minimum of thirty (30) days before removal from the Website, so that customers have notice and can make alternative purchasing decisions.
5.5 Shelf-Life and Storage Information
AMBORG warrants that all Products displayed on the Website have a minimum remaining shelf life of at least at the time of order confirmation, unless otherwise explicitly stated in the product description. AMBORG shall store all Products in accordance with manufacturer specifications (including temperature, humidity, and lighting requirements) and shall deliver Products to customers in the same condition as received from the manufacturer. Each product page on the Website shall display the shelf-life or best-before date (as specified by the manufacturer), recommended storage conditions, and any special handling requirements (such as "keep in cool, dry place" or "keep away from direct sunlight"). If these conditions are not met, the customer may treat the Products as defective and pursue remedies under Section 8 (Returns and Refunds).
5.6 Pricing and Product Information Updates
AMBORG may update product information, images, specifications, and pricing at any time without notice. However, the price charged to the customer shall be the price in effect at the time the customer completes payment, not the price at the time the customer first viewed the product or added it to their shopping cart. If the price changes between the time a customer adds a product to their cart and checkout, the customer shall be notified of the price change before payment is processed, and the customer may choose to proceed at the new price, modify their cart, or abandon the purchase.
SECTION 6: PRICING, FEES, AND PAYMENT
6.1 Pricing and VAT
All prices displayed on the Website are stated in South African Rand (ZAR) and are inclusive of Value-Added Tax (VAT) at the applicable rate (currently fifteen percent (15%) unless SARS adjusts this rate). The displayed price is the total price the customer shall pay to purchase the Product, excluding delivery charges (which are calculated separately in Section 6.2). AMBORG complies with Consumer Protection Act Section 23 by ensuring that all prices are clearly displayed and are not misleading. AMBORG does not use hidden or additional charges, and all charges that will be payable are disclosed to the customer before payment is processed.
6.2 Delivery Charges
Delivery charges are calculated based on the weight of the order, the delivery distance (postal code), and the selected delivery method (standard or express delivery, if available). The delivery charge is calculated automatically at checkout based on the address and method selected by the customer and is shown to the customer before payment is processed. The customer must explicitly acknowledge and accept the delivery charge before proceeding to payment. If the customer does not agree with the delivery charge, they may modify their order (to reduce weight and thus the charge) or select a different delivery method, provided that a different delivery method is available to their location. Delivery charges may vary between regions and may change without notice; the current applicable charge for the customer's location is always displayed at checkout.
6.3 Payment Methods and Processing
AMBORG currently accepts the following payment methods: (a) credit cards (Visa, MasterCard, American Express) processed through PayFast; (b) debit cards processed through PayFast; (c) electronic fund transfers (EFT) from South African bank accounts; (d) mobile payment services (Zapper, SnapScan) where available; and (e) such other payment methods as AMBORG may add from time to time, which shall be displayed on the Website. All payment processing is handled by third-party Payment Processors, and AMBORG does not directly receive or store complete payment card details. The customer warrants that they are authorized to use the payment method selected and that the payment method is valid and has sufficient funds available.
6.4 Payment Timing and Clearance
Payment is not considered received or cleared until the Payment Processor has authorized the transaction and AMBORG's bank has received the funds, which typically takes one to three (1-3) business days depending on the payment method. AMBORG shall not dispatch Products or transmit an order confirmation email until payment has been cleared and deposited in AMBORG's account. If payment is declined or fails to clear within five (5) business days of order submission, AMBORG may cancel the order and shall provide notice to the customer via email. Customers remain liable for any fees charged by their financial institution in connection with a declined or failed payment.
6.5 Disputed or Unauthorized Payments
If a customer disputes a payment (e.g., claims the payment was unauthorized or the amount was incorrect), the customer must notify AMBORG in writing at sales@amborg.co.za within thirty (30) days of the transaction date and must provide evidence supporting the dispute. AMBORG shall investigate the dispute in good faith and shall attempt to resolve it within ten (10) business days. If AMBORG is unable to resolve the dispute directly with the customer, the dispute may be escalated to the Payment Processor or the customer's financial institution for chargeback proceedings, which are subject to the chargeback policies of the payment method and financial institution.
6.6 Price Changes and Price Errors
Prices may be changed at any time without notice, but customers shall only pay the price in effect at the time they complete payment. If AMBORG discovers a pricing error on the Website (e.g., a Product is listed at R50 when the correct price is R150), AMBORG may cancel any order placed at the incorrect price and shall refund the customer's payment in full, provided that AMBORG notifies the customer of the error within twenty-four (24) hours of order submission. AMBORG shall use reasonable efforts to detect and correct pricing errors, but does not warrant that all prices are error-free. Customers who discover an obvious pricing error on the Website (e.g., a price that is inconsistent with similar products or that is clearly unintended) should report the error to customer service rather than placing an order at the erroneous price.
6.7 No Installment Plans or Credit
Unless otherwise agreed in writing by AMBORG, all orders must be paid in full at the time of order submission. AMBORG does not currently offer installment plans, lay-by arrangements, or credit to consumers. If AMBORG offers such arrangements in the future, separate terms and conditions shall apply, and the National Credit Act shall govern those arrangements.
6.8 Deposits and Advance Payments
AMBORG does not require deposits or advance payments for orders (other than the full payment at checkout). All payments made by customers are applied to the purchase of the Products ordered and are not retained as deposits or security.
SECTION 7: DELIVERY, RISK OF LOSS, AND COURIER SERVICES
7.1 Delivery Method and Courier
Products shall be delivered to the address specified by the customer at checkout by a third-party courier service selected by AMBORG or agreed to by the customer if the customer selects an alternative courier at checkout. AMBORG shall use reasonable efforts to select a reputable, insured courier with a track record of reliable delivery within South Africa. The customer may be offered a choice of delivery methods (standard, express, or specialized delivery) at checkout, each with a different delivery timeframe and charge. AMBORG does not guarantee the identity or reliability of the courier, and the customer's contract is with AMBORG, not with the courier. However, AMBORG shall use reasonable efforts to ensure that the courier is adequately insured and trained to handle food products appropriately.
7.2 Estimated Delivery Timeframe
AMBORG shall provide an estimated delivery date at checkout, which typically ranges from three to seven (3-7) business days from the date of order confirmation, depending on the customer's location and delivery method selected. Estimated delivery dates are provided in good faith but are not guaranteed. Delivery may take longer due to circumstances beyond AMBORG's control (see Section 7.7 below). AMBORG shall provide a tracking number to the customer via email within twenty-four (24) hours of dispatch, and the customer may use this tracking number to monitor the package's progress. AMBORG shall not be liable for delays that cause financial loss or inconvenience to the customer, except as provided in Section 8 (Returns and Refunds).
7.3 Delivery Address Requirements and Accuracy
The customer is responsible for ensuring that the delivery address provided at checkout is accurate, complete, and deliverable. The delivery address must include the street address, city or town, postal code, and the name of the person to receive the delivery. Customers may not provide post office boxes, roadside drop boxes, or unlocked/unsecured locations as delivery addresses unless AMBORG explicitly agrees to such delivery in advance. If AMBORG discovers that a delivery address is incomplete or undeliverable, AMBORG shall contact the customer for clarification before dispatch. If the delivery address proves to be incorrect or undeliverable and AMBORG has made a good-faith attempt to contact the customer, AMBORG may either (a) return the Products to its facility at the customer's cost, or (b) hold the Products at the courier's facility, and the customer shall be responsible for arranging and paying for redelivery or pickup.
7.4 Risk of Loss During Transit
Risk of loss and damage to the Products remains with AMBORG until the Products have been physically delivered to the customer's specified delivery address and the customer (or an authorized recipient) has accepted delivery. "Acceptance" means that the customer or recipient has received the package from the courier, has not rejected it, and (except where the customer explicitly reserves the right to inspect the package later) has implicitly or explicitly accepted the condition of the package. During transit, the Products are the responsibility of the courier, and AMBORG has required the courier to maintain insurance coverage for the value of the Products. If Products are lost or damaged in transit (for which the courier is responsible), the customer may file a claim with the courier's insurance, with AMBORG as the intermediary, or directly with the courier. AMBORG shall provide reasonable assistance in facilitating such claims, including providing proof of value, shipping documentation, and communication with the courier.
7.5 Inspection of Delivered Goods
Upon receiving a delivery, the customer should inspect the package promptly for signs of damage, tampering, or deterioration. Customers are advised to inspect the package in the presence of the courier if possible, so that any damage can be documented and reported immediately. If the package is damaged or if Products are visibly compromised (e.g., packaging is torn, products are leaking, or there are signs of contamination), the customer should refuse acceptance of the package and should request that the courier note the damage on the delivery receipt. If the customer accepts a damaged package without noting the damage, the customer's ability to claim for the damage may be limited. Customers who discover damage or defects after accepting delivery should contact AMBORG within twenty-four (24) hours with photographs and a description of the damage.
7.6 Delivery Attempt Failures
If the courier is unable to deliver the package to the specified address (e.g., because the address is not found, the building is locked, or no one is present to receive delivery), the courier shall attempt to leave a notice and may hold the package for redelivery or customer pickup. The customer is responsible for checking for delivery notices and for arranging redelivery or pickup within the timeframe specified by the courier (typically ten to fourteen (10-14) days). If the customer does not collect the package or arrange redelivery within the specified timeframe, the courier may return the package to AMBORG's facility, and AMBORG may charge the customer for return shipping costs. AMBORG shall not be liable for failed delivery attempts that are due to an incorrect or inaccessible delivery address, the customer's unavailability, or the customer's failure to retrieve a delivery notice.
7.7 Force Majeure and Delivery Delays
AMBORG and the courier are not liable for delays in delivery caused by circumstances beyond their reasonable control, including but not limited to: natural disasters (flooding, earthquakes, severe weather); strikes, labor actions, or civil unrest; accidents or vehicle breakdowns; road closures or infrastructure damage; government actions or regulations; pandemics or public health emergencies; and other unforeseeable events. If delivery is delayed due to a force majeure event, AMBORG shall provide the customer with updated information and revised estimated delivery dates as soon as reasonably possible. If delivery is delayed by more than thirty (30) days beyond the estimated delivery date due to circumstances within AMBORG's or the courier's control (excluding force majeure), the customer may cancel the order and receive a full refund of all amounts paid, including the delivery charge, provided that the customer makes the cancellation request in writing within five (5) business days of the deadline passing.
7.8 Delivery Confirmation and Proof of Delivery
The courier shall provide proof of delivery in the form of a delivery receipt signed or acknowledged by the recipient. This proof of delivery shall be provided to AMBORG, and AMBORG may make a copy available to the customer upon request. Proof of delivery serves as evidence that the Products were delivered to the specified address, but does not confirm that the customer inspected the Products or that the Products were in good condition upon delivery.
7.9 Special Handling for Food Products
Because the Products are food items with a twelve-month (12) shelf life, the courier has been instructed to store and transport the Products in a manner that preserves their quality and safety, including protection from excessive heat, direct sunlight, moisture, and pest contamination. AMBORG shall not use a courier that transports hazardous materials or non-food items with food products in the same vehicle, which could result in cross-contamination. AMBORG shall monitor the courier's compliance with these requirements and shall discontinue use of any courier that fails to meet these standards. Customers who receive Products that appear to have been mishandled (e.g., that were left in the sun or have visible signs of moisture damage) should refuse delivery or should document the condition with photographs and report the issue to AMBORG within twenty-four (24) hours.
7.10 AMBORG's Liability for Courier Actions
While AMBORG uses reasonable efforts to select a reputable courier, AMBORG does not warrant the courier's reliability, and AMBORG's liability for the courier's negligence or misconduct is limited to the extent permitted by law. AMBORG remains liable to the customer under these Terms for delivery failures that are due to AMBORG's selection of an inappropriate courier or AMBORG's failure to ensure that the courier meets agreed standards; however, AMBORG's liability is capped at the purchase price of the affected Products. The customer's exclusive remedy for courier-related losses shall be to pursue a claim against the courier's insurance or to seek compensation through the dispute resolution process outlined in Section 15.
SECTION 8: RETURNS, REFUNDS, AND WARRANTY CLAIMS
8.1 Right to Return Under the Consumer Protection Act
Pursuant to the Consumer Protection Act 68 of 2008, customers have a seven (7) business day cooling-off period from the date of delivery within which they may cancel the transaction without providing a reason or incurring a penalty. However, this right does not apply to the extent the goods are opened, consumed, or otherwise altered after delivery, or if the packaging is damaged due to the customer's handling. To exercise the cooling-off right, customers must notify AMBORG in writing at sales@amborg.co.za within seven (7) business days of delivery, specifying the order number, the products being returned, and the reason for cancellation. Upon receipt of the notification, AMBORG will provide instructions for return of the goods.
Customers should understand that while they can cancel within seven (7) days, if the products have been opened or partially consumed, AMBORG may decline to accept the return or may deduct reasonable costs for restocking and disposal from any refund. The determination of whether products are opened or consumed will be made by AMBORG upon inspection of the returned goods. Any deductions will be clearly communicated to the customer in writing.
8.2 Right to Return Defective or Non-Conforming Goods
If a customer receives any Products that are defective, damaged, unsafe, expired, or do not conform to the product description, the customer has the right under the Consumer Protection Act to return them to AMBORG within six (6) months of delivery. Upon receipt of written notification (including photographs of the defective goods and proof of purchase), AMBORG will inspect the goods and, at its sole discretion, will either refund the full purchase price, repair the goods (where applicable), or replace the goods with equivalent or superior products. AMBORG will bear the cost of return shipping for goods found to be defective.
However, if upon inspection the goods are found to be in saleable condition and the defect was caused by the customer's mishandling, misuse, or storage after delivery, AMBORG may decline to process the return or may charge the customer for return shipping. The customer is responsible for demonstrating that any defect existed at the time of delivery, not as a result of actions taken after delivery. Photographic evidence and clear documentation of the alleged defect are essential and will be required for all return requests.
The six-month return right cannot be waived or limited by any term in this agreement; customers must be allowed to return defective goods regardless of any restrictive return policies displayed elsewhere on the website. If goods are repaired and the same defect recurs within three (3) months, or if a new defect is discovered, the customer may demand a replacement or full refund without charge. This provision is non-negotiable and constitutes a statutory requirement under the CPA.
8.3 Discretionary Returns Beyond Statutory Rights
Beyond the statutory cooling-off period, AMBORG reserves the right (but is not obligated) to accept returns of unopened products within sixty (60) days of delivery at the customer's discretion and cost, provided the products are in saleable condition. AMBORG may deduct shipping costs and a restocking fee (typically ten percent (10%) to fifteen percent (15%) of the purchase price) from any refund for such discretionary returns. These discretionary returns are offered as a courtesy only and do not constitute a consumer right under the CPA. The statutory return rights under the CPA remain unaffected and remain available to customers at all times.
8.4 Refund Processing
All refunds will be processed to the original payment method used by the customer. The timeline for refund processing depends on the payment method used and the financial institution involved, but typically ranges from five (5) to ten (10) business days after AMBORG has processed the refund request. AMBORG is not responsible for delays in refund processing caused by financial institutions or payment processors. Customers should verify that refunds have been received and should contact their financial institution if a refund is not received within this timeframe.
8.5 Implied Warranties Under the CPA
AMBORG warrants, as required by Consumer Protection Act Sections 54 and 56, that all Products delivered to customers are of good quality, safe for consumption, and fit for the ordinary purposes for which such food items are intended, unless the customer is specifically informed otherwise before purchase. This warranty includes but is not limited to: (a) the Products are free from defects in materials and workmanship; (b) the Products are safe to consume and handle; (c) the Products are not contaminated with harmful substances, pests, mold, or foreign objects; (d) the Products conform to all product descriptions, labels, and representations made on the Website; (e) the Products are durable for the shelf life indicated; and (f) the Products comply with all applicable food safety regulations.
8.6 Express Warranties Regarding Product Quality and Safety
In addition to the implied warranties above, AMBORG makes the following express warranties regarding the Products: (a) all Products have been sourced directly from licensed, compliant manufacturers and have not been repackaged, reprocessed, or altered by AMBORG, except for internal tracking labels that do not affect product safety or quality; (b) all Products have been stored by AMBORG in compliance with manufacturer specifications regarding temperature, humidity, lighting, and ventilation, and have been protected from contamination, pests, and mishandling; (c) at the time of delivery, all Products have a minimum shelf life of at least six (6) months remaining (unless otherwise disclosed on the product page), and shall remain safe for consumption and use until the best-before or expiry date indicated on the packaging; and (d) upon request, AMBORG shall provide customers with certificates of compliance, food safety certifications, or other documentation from the manufacturer confirming that the Products meet all applicable health, safety, and hygiene standards.
8.7 Warranty Period and Scope
The warranties in Sections 8.5 and 8.6 apply for a period of six (6) months from the date of delivery, unless the Products' shelf life or expiry date occurs earlier, in which case the warranty period is limited to the shelf life. After the expiry or best-before date on the packaging, AMBORG makes no warranty regarding the Products' safety or fitness for consumption. Customers are solely responsible for confirming that products remain within their shelf-life period before consuming them, and consumption of expired products is entirely at the customer's risk.
8.8 Disclaimer of Other Warranties
Except as expressly stated in these Terms and as required by the CPA, AMBORG makes no other warranties regarding the Products, including no warranty of any particular nutritional value, medicinal benefit, or suitability for a particular diet or health condition. AMBORG does not warrant that the Products will meet the customer's personal preferences, taste preferences, or dietary requirements beyond what is disclosed on the product label. These disclaimers are consistent with AMBORG's role as a retailer rather than a product formulator or nutritionist.
SECTION 9: ALLERGEN INFORMATION, HEALTH, AND SAFETY DISCLOSURES
9.1 Allergen Warnings
AMBORG shall ensure that all product pages on the Website display complete and accurate allergen information, including warnings regarding common allergens (peanuts, tree nuts, sesame, soy, wheat gluten, sulfites, etc.) that are either contained in the Product or may be present due to manufacturing processes or cross-contamination risks. Customers with allergies or sensitivities should carefully review allergen information before purchasing and should contact AMBORG at sales@amborg.co.za if they have questions regarding the presence of a particular allergen. AMBORG is not responsible for allergic reactions or adverse health effects that result from the customer's failure to review allergen information or to follow the product label's instructions and warnings.
9.2 Intended Use and Dietary Restrictions
The Products are intended for consumption as food by the general adult population and are not formulated for particular dietary requirements (such as keto, paleo, low-sodium, or low-sugar diets) unless explicitly stated on the product page. Customers with specific dietary requirements should carefully review the nutritional information and ingredients list before purchasing. AMBORG does not warrant that Products are suitable for any particular diet, health condition, or religious dietary restriction (such as halal or kosher). Customers with medical conditions or dietary restrictions should consult a healthcare provider regarding the suitability of particular Products. AMBORG is not liable if a customer with unidentified or undisclosed dietary restrictions consumes a product that is unsuitable for their dietary needs.
9.3 Storage and Food Safety After Delivery
After delivery, the customer is responsible for storing the Products in accordance with the manufacturer's instructions and for consuming the Products in a manner that complies with food safety practices. The customer must inspect the Products before opening and consuming them and must discard any Products that show signs of contamination, mold, off-odor, or unusual appearance. AMBORG is not responsible for any food poisoning, allergic reactions, or adverse health effects that result from the customer's improper storage or handling of the Products after delivery. This provision is critical because AMBORG's responsibility for the products ends upon delivery; from that point forward, the customer assumes full responsibility for proper handling, storage, and consumption.
9.4 Disclaimer Regarding Health Benefits
While the Products are food items intended for human consumption, AMBORG does not make any claims regarding the medicinal or health benefits of the Products beyond what is stated in the product description or nutritional label. Customers should not rely on any health claims made on the Website or in marketing materials as medical advice; such claims are statements of general nutritional information only. Customers with health conditions or concerns should consult a healthcare provider before using the Products. AMBORG explicitly disclaims any representation that the Products will cure, treat, prevent, or mitigate any medical condition or disease.
9.5 Contamination and Safety Concerns
If a customer discovers that a Product is contaminated, has been tampered with, or poses a safety risk, the customer should stop using the product immediately and should contact AMBORG at sales@amborg.co.za or +27 72 600 0322 without delay. AMBORG shall cooperate with the customer and with relevant authorities (such as the Department of Health or the National Consumer Commission) in investigating safety concerns and shall take appropriate action, which may include product recall, notification of other customers, or reporting to regulatory authorities. In cases of serious safety concerns, AMBORG may proactively initiate product recalls and shall communicate with customers through email, website notifications, and customer service channels.
SECTION 10: CUSTOMER RESPONSIBILITIES
10.1 Delivery Details and Inspection
Customers must ensure that accurate delivery details are provided at the time of ordering, including a complete and deliverable street address, city or town, postal code, and a contact telephone number. Customers are responsible for inspecting goods upon delivery and for reporting any damage, discrepancies, or shortages to AMBORG within twenty-four (24) hours of delivery. Failure to report issues within this timeframe may significantly limit the customer's ability to claim compensation or obtain refunds for damage or missing items. Customers should retain all packaging materials and photographic evidence of any damage for at least thirty (30) days to support claims.
10.2 Proper Storage of Products
Proper storage of goods post-delivery is the customer's sole responsibility. Customers must store all Products in a cool, dry place in accordance with the storage instructions displayed on the product packaging. If products are not properly stored after delivery (e.g., left in the sun, exposed to excessive heat, moisture, or pests, or stored in damp conditions), AMBORG will not be responsible for any deterioration, spoilage, or contamination that results. The customer assumes all risk associated with post-delivery storage and handling. Customers with questions about appropriate storage conditions should refer to the product packaging or should contact AMBORG for guidance before storing the products.
10.3 Safe Handling and Consumption
Customers must handle and prepare Products in a food-safe manner and must not consume any Products that show signs of contamination, spoilage, mold, or other defects. Customers should inspect products before consumption and should follow any preparation instructions displayed on the product label. AMBORG is not responsible for any negative health outcomes resulting from improper handling, preparation, or consumption of Products after delivery. This includes food poisoning or other adverse health effects that may result from the customer's failure to follow product instructions or food safety best practices.
SECTION 11: PRIVACY AND DATA PROTECTION
11.1 Collection and Processing of Personal Information
Personal data is collected and processed in accordance with the Protection of Personal Information Act 4 of 2013 ("POPIA"). AMBORG collects Personal Information including names, email addresses, residential or delivery addresses, telephone numbers, payment information, and order history for the purposes of processing orders, managing delivery, sending invoices, and handling customer service inquiries. All collection, processing, storage, and use of Personal Information is undertaken in accordance with POPIA and is described in detail in AMBORG's Privacy Policy.
11.2 Customer Consent to Data Processing
By using the Website and placing an order, customers consent to the collection and processing of Personal Information as described in AMBORG's Privacy Policy. The Privacy Policy constitutes an integral part of these Terms and is incorporated by reference. Customers are required to review the Privacy Policy carefully before placing an order. Any questions regarding data privacy should be directed to AMBORG's data protection officer or privacy contact as detailed in the Privacy Policy.
11.3 Website Security and Payment Security
AMBORG uses SSL encryption and PCI-DSS compliant payment processors to protect customer payment information. All payment information is transmitted securely, and AMBORG does not store complete credit card details on its servers. Customers are responsible for maintaining the confidentiality of their website login credentials (username and password). Customers should not disclose their credentials to any third party and should immediately notify AMBORG if they believe their account or payment information has been compromised. AMBORG is not responsible for unauthorized access to customer accounts resulting from the customer's failure to safeguard credentials.
11.4 Third-Party Service Providers and Data Sharing
AMBORG may share Personal Information with third-party service providers (such as courier companies and payment processors) to the extent necessary to fulfill orders and provide services. All third-party service providers are bound by confidentiality obligations and must comply with applicable data protection laws. AMBORG does not share, sell, or disclose Personal Information to third parties for marketing purposes without explicit customer consent. Customers may opt out of marketing communications at any time by clicking the unsubscribe link in marketing emails or by contacting AMBORG directly.
SECTION 12: INTELLECTUAL PROPERTY
All content on the Website, including text, images, photographs, videos, logos, trademarks, trade names, and product descriptions, is the property of AMBORG or its licensors and is protected by South African copyright law and international copyright treaties. Customers may view and download content for personal, non-commercial purposes only. Customers may not republish, reproduce, distribute, sell, or otherwise exploit any content without the prior written consent of AMBORG. All trademarks and brand names displayed on the Website, including "AMBORG" and "Food Socks," are the property of AMBORG. Customers agree not to use, register, or attempt to register any confusingly similar marks or domain names. Unauthorized use of AMBORG's intellectual property may result in civil and criminal liability.
SECTION 13: WEBSITE USE RESTRICTIONS AND PROHIBITED CONDUCT
13.1 Authorized Use
The Website is provided solely for the purpose of browsing, learning about, and purchasing the Products for personal consumption. Customers may not use the Website for any unlawful purpose, including but not limited to fraud, money laundering, intellectual property infringement, harassment, or violation of any South African law. Any use of the Website that violates local, national, or international law is strictly prohibited. Customers are responsible for ensuring that their use of the Website complies with all applicable laws and regulations in their jurisdiction.
13.2 Prohibited Conduct
Customers agree not to: (a) use automated tools (bots, scrapers, spiders) to access the Website; (b) attempt to gain unauthorized access to the Website or its systems; (c) post spam, malware, or viruses; (d) engage in price manipulation or market manipulation; (e) make fraudulent purchases using stolen payment methods; or (f) use the Website in any manner that interferes with its operation or security. Violation of any of these prohibitions may result in immediate suspension or termination of access to the Website and may subject the violator to civil or criminal liability.
13.3 Right to Suspend or Terminate Access
AMBORG reserves the right to immediately suspend or terminate a customer's access to the Website if the customer engages in prohibited conduct, violates these Terms, or poses a security risk. AMBORG shall provide notice of such suspension and shall provide the customer with an opportunity to respond, except in cases of urgent security threats. If a customer's access is terminated, they will not be entitled to any refund of amounts paid for future or pending orders. Suspended customers may appeal the suspension by contacting AMBORG's customer service team with written justification for reconsideration.
SECTION 14: DISCLAIMERS AND LIMITATION OF LIABILITY
14.1 Website As-Is Disclaimer
The Website and all Products, information, and services provided are offered on an "as-is" basis without warranties of any kind, except as expressly stated in these Terms or required by the Consumer Protection Act. AMBORG does not warrant that the website will be uninterrupted, error-free, or free of viruses or other harmful code, or that defects will be corrected. While AMBORG uses reasonable efforts to ensure the accuracy of product information, descriptions, and prices, AMBORG does not represent that all information is accurate, complete, or up-to-date. Customers use the Website at their own risk, and AMBORG shall not be liable for any interruptions in service or technical failures.
14.2 Limitation of AMBORG's Liability
Except to the extent prohibited by law, AMBORG is not liable for any indirect, consequential, incidental, or special damages (including loss of profit, loss of data, business interruption, or reputational harm) arising from the customer's use of the Website, the customer's purchase of Products, delivery of Products, or any act or omission by AMBORG or third-party service providers, even if AMBORG has been advised of the possibility of such damages. AMBORG's total liability for any claim arising from this agreement or the customer's transactions shall not exceed the total purchase price paid by the customer for the affected Products. If a transaction resulted in no purchase (e.g., a failed order), AMBORG's liability shall be limited to the refund of any amounts paid.
14.3 Non-Waiver of Statutory Consumer Rights
Nothing in this section excludes or limits liability for death or personal injury caused by AMBORG's negligence, breach of warranty, or supply of unsafe goods, as these exclusions are prohibited by the Consumer Protection Act. AMBORG cannot and does not attempt to limit or exclude its liability for defective goods, breach of statutory warranty, or breach of consumer rights. In the event of a conflict between this limitation of liability clause and the Consumer Protection Act, the CPA provisions shall prevail.
14.4 Website and Third-Party Content
AMBORG does not endorse or guarantee the accuracy of third-party websites linked from the Website. AMBORG is not responsible for the content, accuracy, functionality, or privacy practices of third-party websites. The customer's use of third-party websites is governed by their own terms and conditions and privacy policies. AMBORG shall not be liable for any loss or damage arising from the customer's use of such websites. AMBORG reserves the right to remove or disable links to third-party sites at any time without notice.
SECTION 15: USER-GENERATED CONTENT AND THIRD-PARTY LINKS
15.1 Customer Reviews and Comments
Customers may submit reviews, ratings, comments, or other content on the Website, subject to the following restrictions: the content must not be defamatory, obscene, indecent, hateful, discriminatory, inflammatory, threatening, abusive, or harassing. The content must not infringe any third party's intellectual property rights, privacy rights, or rights of confidence. The content must not be misleading or deceptive. By posting content, customers grant AMBORG a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute the content in any media. AMBORG is not responsible for any third-party claims arising from customer content and reserves the right to edit, remove, or refuse to publish any content that violates these restrictions.
15.2 Moderation and Monitoring
AMBORG does not monitor user-generated content in real-time and does not endorse or verify the accuracy of any user-generated content. However, AMBORG may remove content that violates these terms, is illegal, or is inappropriate at any time and without notice. Customers who post content that is subsequently removed may contact AMBORG to understand the reason for removal, but AMBORG is not obligated to provide detailed explanations. Repeated violations of content policies may result in suspension of posting privileges or termination of the customer's account.
15.3 Third-Party Websites and Links
The Website may contain links to third-party websites that are not controlled or operated by AMBORG. AMBORG is not responsible for the content, accuracy, functionality, or privacy practices of third-party websites. The customer's use of third-party websites is governed by their own terms and conditions and privacy policies. AMBORG does not endorse or recommend any third-party website and shall not be liable for any loss or damage arising from the customer's use of such websites. Customers are advised to review the terms and privacy policies of any third-party website before using it.
SECTION 16: FORCE MAJEURE
AMBORG is not liable for non-performance or delay in performance of its obligations under these Terms due to events beyond its control and which could not have been reasonably foreseen or prevented. Such events include but are not limited to natural disasters (earthquakes, flooding, severe weather), strikes or labor disputes, government actions or regulations, wars or terrorism, pandemics or epidemic diseases, infrastructure failures, and other extraordinary events beyond the parties' reasonable control. If a force majeure event prevents AMBORG from fulfilling orders or providing services, AMBORG shall provide prompt notice to customers and shall make reasonable efforts to resume performance or offer alternative solutions. The customer's exclusive remedy during a force majeure event is cancellation of the order and a full refund of amounts paid.
SECTION 17: DISPUTE RESOLUTION, COMPLAINTS, AND ESCALATION PROCEDURES
17.1 Good-Faith Dispute Resolution
If a customer believes that AMBORG has breached these Terms or failed to provide satisfactory Products or Services, the customer should first attempt to resolve the matter informally by contacting AMBORG's customer support at sales@amborg.co.za or +27 72 600 0322 during business hours (Monday to Friday, 08:00 to 17:00 SAST, excluding public holidays). The customer should provide a detailed written description of the complaint, including the order number, date of order, description of the problem, and the remedy sought. AMBORG shall respond to the customer's complaint within five (5) business days and shall make good-faith efforts to resolve the complaint within ten (10) business days.
17.2 Escalation to Management
If the customer is not satisfied with the response from customer support, the customer may escalate the complaint to AMBORG's management by sending a written complaint to karinu@amborg.co.za or by certified mail to AMBORG's registered address: 72 Brummeria, Brummeria, Pretoria, Gauteng, South Africa, 0184. The complaint must include all information provided to customer support, plus an explanation of why the customer is unsatisfied with the response. Management shall review the complaint and shall respond within ten (10) business days, either resolving the complaint or explaining the grounds for rejecting the customer's claim in detail.
17.3 Consumer Goods and Services Ombud
If AMBORG and the customer are unable to resolve the complaint through the procedures in Sections 15.1 and 15.2, the customer may lodge a complaint with the Consumer Goods and Services Ombud ("CGSO"), a free, independent dispute resolution service in South Africa. The CGSO can be contacted at [INSERT CGSO CONTACT INFORMATION], and its website is at [INSERT CGSO WEBSITE]. The CGSO shall investigate the complaint and shall attempt to mediate a resolution between AMBORG and the customer. If mediation fails, the CGSO may issue a recommendation or decision that is binding on AMBORG (if AMBORG is a member of the CGSO) or non-binding (if AMBORG is not a member).
17.4 Alternative Dispute Resolution
As an alternative to the CGSO, AMBORG and the customer may agree to submit the dispute to mediation or arbitration administered by a mutually agreed-upon provider. The costs of mediation or arbitration shall be shared equally by AMBORG and the customer unless otherwise agreed. Any mediation or arbitration shall be conducted in English and under the laws of South Africa.
17.5 Litigation
If all other dispute resolution mechanisms have been exhausted and the customer remains unsatisfied, the customer may initiate legal proceedings in the High Court, Magistrate's Court, or other competent court with jurisdiction over the matter. The customer shall be responsible for legal fees and costs, unless the court awards costs in the customer's favor based on the merits of the case. AMBORG reserves the right to recover its legal costs if it prevails in litigation.
17.6 Continued Performance During Dispute
Unless otherwise agreed, AMBORG shall continue to perform its obligations under these Terms during the pendency of a dispute resolution process, and the customer shall continue to comply with their obligations (including payment). However, if the dispute involves a claim for a refund, AMBORG may defer refunding amounts in dispute pending the outcome of the dispute resolution process. Neither party shall suspend obligations pending resolution unless agreed in writing.
SECTION 18: THIRD-PARTY SERVICE PROVIDERS AND LIABILITY ALLOCATION
18.1 Use of Third-Party Service Providers
AMBORG engages third-party service providers to fulfill its obligations under these Terms, including couriers for delivery, payment processors for payment handling, web hosting providers for website operation, and manufacturers for product supply. These third parties are independent contractors and are not agents of AMBORG unless expressly authorized in writing. AMBORG is responsible to customers for ensuring that third-party service providers meet agreed standards and comply with applicable laws. However, AMBORG's ability to control third parties may be limited by the terms of its agreements with them.
18.2 AMBORG's Responsibility for Third-Party Selection
AMBORG shall use reasonable care in selecting third-party service providers and shall require them to meet applicable legal standards and industry best practices. AMBORG warrants that it will not engage a courier without confirming that the courier is duly registered, licensed, insured, and compliant with transport regulations. Similarly, AMBORG warrants that payment processors are compliant and that web hosting providers employ reasonable security measures to protect against unauthorized access or data breaches. AMBORG conducts periodic reviews of third-party service providers to ensure ongoing compliance.
18.3 AMBORG's Liability for Third-Party Misconduct
AMBORG retains responsibility and liability for the following failures of third-party service providers: (a) the courier fails to deliver Products on time due to negligence or lack of due diligence; (b) the courier loses, mishandles, or damages Products; (c) the payment processor experiences a data breach resulting in the exposure of customer payment information or Personal Information; (d) the manufacturer supplies defective, contaminated, or unsafe Products; and (e) the website hosting provider causes the Website to become unavailable, causing the customer to be unable to place an order. In such cases, AMBORG shall remain liable to the customer as though AMBORG itself had committed the failure, subject to the liability limitations stated above.
18.4 Courier Liability Disclaimer
Notwithstanding Section 16.3, AMBORG is not responsible for courier failures that are due to circumstances beyond AMBORG's control and that AMBORG could not have foreseen or prevented, including force majeure events, the courier's grossly negligent acts despite AMBORG's selection of a qualified courier, or acts of the courier that violate the courier's contract with AMBORG and that AMBORG did not authorize or ratify. However, even in such cases, AMBORG shall cooperate with the customer in filing insurance claims with the courier's insurer and shall use reasonable efforts to recover compensation on the customer's behalf.
18.5 Payment Processor Liability
AMBORG shall not be liable for the payment processor's failure to process a payment correctly, delays in payment clearing, or errors in payment handling, except to the extent that AMBORG selected an incompetent payment processor or failed to implement reasonable security measures. If a customer's payment is lost or misdirected, the customer's remedy is to file a chargeback claim with their financial institution or to seek reimbursement from the payment processor directly. AMBORG shall cooperate in such claims but shall not reimburse customers for losses caused by the payment processor's mishandling, unless AMBORG is directly at fault.
18.6 Manufacturer Liability for Product Defects
For defects in the Products themselves (such as contamination, unsafe ingredients, or failure to match product descriptions), the ultimate responsibility lies with the manufacturer. However, AMBORG warrants that it will ensure that all Products are sourced from manufacturers that have valid food safety certifications and that are compliant with all regulations. AMBORG shall facilitate claims against the manufacturer on behalf of customers and shall seek reimbursement for refunds or replacements provided to customers due to manufacturer defects. Customers may elect to pursue claims against the manufacturer directly; AMBORG will cooperate by providing relevant documentation and contact information.
SECTION 19: AMENDMENTS TO THESE TERMS
AMBORG reserves the right to amend these Terms at any time without prior notice to customers. Updated Terms will be posted on the Website, and the effective date of the amendment will be displayed prominently. If the customer continues to access or use the Website following the posting of amended Terms, the customer shall be deemed to have consented to and accepted the amended Terms. Customers may refuse to accept amended Terms by ceasing to use the Website. If a customer believes that an amended provision materially and adversely affects their rights or obligations, the customer may cancel their account and request a refund for any pending orders. Substantial amendments that materially increase customer obligations or decrease customer rights will be clearly highlighted on the website.
SECTION 20: CONTACT INFORMATION
20.1 Registered Business Information
Company: AMBORG People Solutions (Pty) Ltd
Registration Number: 2025/390099/07
Physical Address: 72 Brummeria Road, Brummeria, Pretoria, Gauteng, South Africa, 0184
Email Address: sales@amborg.co.za
Telephone Number: +27 72 600 0322
Website: www.amborg-online.co.za
20.2 Customer Service
For general inquiries, technical support, or to place an order, customers may contact AMBORG's customer service team during business hours (Monday to Friday, 08:00 to 17:00 SAST, excluding South African public holidays) at:
Email: sales@amborg.co.za
Telephone: +27 72 600 0322
20.3 Complaints and Dispute Resolution
For complaints or dispute resolution inquiries, customers may contact AMBORG's management at:
Email: karinu@amborg.co.za
Postal Address: 72 Brummeria Road, Brummeria, Pretoria, Gauteng, South Africa, 0184
20.4 Data Protection Officer / POPIA Queries
For queries regarding data protection or POPIA compliance, customers may contact AMBORG's designated data protection contact at:
Email: sales@amborg.co.za
SECTION 21: ENTIRE AGREEMENT
These Terms, together with the Privacy Policy, constitute the entire legal agreement between AMBORG and the customer regarding the purchase of Products and the use of the Website. These Terms supersede all prior communications, negotiations, and agreements, whether written or oral, between the parties. No modification, amendment, or waiver of any provision of these Terms shall be effective unless made in writing and signed by an authorized representative of AMBORG. If any provision of these Terms is found to be invalid, illegal, or unenforceable, that provision shall be severed, and the remaining provisions shall remain in full force and effect.
SECTION 22: SEVERABILITY
If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be severed from these Terms, and the remaining provisions shall remain in full force and effect to the maximum extent permitted by law. The parties intend that these Terms be enforced to the fullest extent permitted under South African law, and any court should endeavor to enforce the valid provisions rather than striking down the entire agreement.
SECTION 23: GOVERNING LAW AND JURISDICTION
These Terms and the relationship between AMBORG and the customer shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflicts of law principles. Any legal action or proceeding relating to these Terms or the purchase of Products shall be brought exclusively in the courts of South Africa, and the parties irrevocably submit to the jurisdiction of the South African courts. The parties agree that the courts of South Africa have exclusive jurisdiction over any disputes arising from these Terms.
SECTION 24: SEVERABILITY AND CONSTRUCTION
The chapter and section headings are inserted for convenience only and do not affect the meaning or interpretation of these Terms. If any provision is found to be unenforceable, the remainder shall be enforceable. The failure of AMBORG to enforce any right or provision shall not constitute a waiver of that right or provision. The customer may not assign these Terms or any rights thereunder without the prior written consent of AMBORG. AMBORG may assign these Terms or any rights thereunder without the customer's consent.
FINAL ACKNOWLEDGMENT
By accessing the Website and placing an order, you expressly acknowledge that you have read, understood, and agree to be bound by these Website Terms and Conditions in their entirety. If you do not agree to these Terms, you must not access or use the Website or purchase any Products
