Terms of Sale

TERMS OF SALE AND USE

PRICE AND PAYMENT
The price of our Products are indicated on our Site and includes value added tax (“VAT”) (where applicable) at the applicable current rate chargeable in South Africa for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for your Products in full before the change in VAT takes effect. Our delivery charges are indicated on our Site during the check-out process, before you confirm your order.

It is always possible that, despite our reasonable efforts, some of the Products on our Site may be incorrectly priced. If we discover this error before we accept your order we are not required to sell the Products to you at the price shown. If we discover an error in the price of the Products that you have ordered we will let you know as soon as possible and give you the option or reconfirming your order at the correct price or cancelling it. If you cancel your order and you have already paid for the goods (but they have not yet been dispatched) you will receive a full refund.

HOW TO PAY
You can pay using a debit card or credit card (we accept Mastercard and Visa) or by PayPal. If you choose to pay by PayPal, PayPal Terms and Conditions will apply.

Payment for your Products and all applicable delivery charges must be made in advance. We will charge your debit card or credit card once the order has been confirmed.

We take reasonable steps to secure your payment information. We use a payment system that is in our reasonably opinion sufficiently secure with reference to accepted technological standards and the type of the transaction concerned.

CHANGES TO THE TERMS
We may revise these Terms from time to time to reflect changes in relevant laws and regulatory requirements. If we have to make changes to the Terms, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel your order if you are not happy with the changes. If you opt to cancel, we may ask you to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.

YOUR RIGHT OF RETURN AND REFUND
You may cancel a purchase order at any time before your order is delivered and up to 14 days afterwards, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (see below).

To cancel a purchase order, you just need to let us know that you have decided to cancel and, where you have already received the Product, return it to us in the same condition in which you received it (except to the extent reasonably necessary for you to examine it). You can do this by contacting us on the contact details set out below. 

If you cancel your Contract we will:

  1. refund you the price you paid for the Products, subject to deducting the cost of any deterioration from you;
  2. make any refunds due to you as soon as possible and in any event no later than 30 days from the date of cancellation, provided we have received the Products by return.

We will refund you using the same payment card or account by which you made payment to us.

In the event that we processed your order incorrectly, or that you received a defective or damaged item, please (i) call Customer Service on Telephone: 086 057 2908 or email info@day2.co.za or send a secure message to Customer Service via our Contact form, and we will provide a full refund and/or replace the item in accordance with these Terms. On some occasions, we will require defective or damaged items to be returned.

ORDERS AND DELIVERY

General Order Information
Orders for in-stock Products are generally processed and shipped within two (2) business days.

If a Product is out of stock, this will be flagged on the Site and you will have the option to receive an email notification when the Product is back in stock. In the unlikely event that an item you order is out of stock, our fulfilment partner’s customer service team will contact you and you will have the option to either place an updated order (without the out of stock item) or cancel the entire order. In either case you can request to be notified by email when the Product is back in stock.


Delivery Information
Products will only be shipped and delivered to addresses located within South Africa. Products may only be shipped to one delivery address. Delivery of Products pursuant to your order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time. You own the Products once we have received payment in full, including all applicable delivery charges.

Please note that Products will not be delivered on weekends or public holidays, and that public holidays may impact delivery times.

Occasionally our delivery to you may be affected by an Event Outside Our Control. See below for our responsibilities when this happens. If we do not meet the agreed delivery deadline for your Products then you may cancel your order – see above for information about how to do this. 

Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under an order that is caused by an Event Outside our Control, as explained below.

An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

If an Event Outside Our Control takes place that affects the performance of our obligations under an order, we will contact you as soon as reasonably possible to notify you, and our obligations under any order will be suspended for as long as the Event Outside Our Control lasts. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

INTELLECTUAL PROPERTY
Unilever owns the intellectual property rights for all of the content on the Site, or has a valid right from a third party to use the Content on the Site. No part of the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way (including by using an automated mechanism or process such as a robot or spider). You must not attempt to gain unauthorised access to any part of the Site by hacking or any other similar means. You must not use the Site for unlawful purposes. You agree not to link to this Site from a website not operated by us, unless you have obtained our prior written consent.

OTHER IMPORTANT TERMS
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

These Terms are the sole record of the agreement between you and us, with neither party being bound by any express, tacit or implied representation or warranty not recorded in these Terms.

The Terms are governed by and interpreted in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law, with you irrevocably consenting to the exclusive jurisdiction of the courts of South Africa, in respect of all proceedings arising out of or pursuant to the Terms.

DISCLAIMER AND LIMITED LIABILITY

YOU USE OUR SITE AND PRODUCTS AT YOUR OWN RISK.

WHILE UNILEVER ENDEAVOUR TO ENSURE THAT THE INFORMATION ON OUR SITE ARE CORRECT, WE DO NOT WARRANT THE ACCURACY AND COMPLETENESS OF CONTENT ON OUR SITE OR THAT THE CONTENT AVAILABLE FROM OUR SITE ARE FREE FROM ERRORS OR OMISSIONS, OR THAT IT WILL MEET YOUR INDIVIDUAL TASTES, PREFERENCES OR EXPECTATIONS.

UNILEVER MAY MAKE CHANGES TO OUR SITE OR THE CONTENT ON OUR SITE AT ANY TIME WITHOUT NOTICE. THE CONTENT ON OUR SITE MAY BE OUT OF DATE, AND IN THIS REGARD, WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT. 

TO THE EXTENT ALLOWED BY LAW, UNILEVER OR THE UNILEVER GROUP SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS OR LIABILITY OF WHATSOEVER NATURE ARISING FROM THE USE OR INABILITY TO USE OUR SITE OR CONTENT PROVIDED FROM OR THROUGH OUR SITE.

UNILEVER OR THE UNILEVER GROUP WILL NOT, TO THE EXTENT PERMITTED BY APPLICABLE LAWS, BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OR FOR ANY LOSS OF BUSINESS, REVENUES, PROFITS, GOODWILL, CONTENT OR DATA.

HOW TO RESOLVE DISPUTES WITH US

We offer the following process to help you resolve a complaint or dispute you may have with us.

Any queries or complaints in relation to our Site or Products can be submitted to us by contacting us using the information provided under "Contact Us" on our Site or by contacting us at info@day2.co.za.

Without prejudice to your rights in law, you are required to first approach us with any complaint or dispute and afford us an opportunity to resolve a compliant before you approach any relevant authority, court or other dispute resolution body, or refer the matter to arbitration.

Please direct all legal disputes to [insert email or address]. Your complaint should include the following ‑

  1. your name and surname;
  2. the date on which the complaint arose;
  • a brief description of what gave rise to the complaint;
  1. the amount in dispute (if applicable); and
  2. supporting information or documentation, if any.

Unilever South Africa Proprietary Limited (registration number [insert number]) is a company registered in the Republic of South Africa.

A list of officer bearers can be found at [insert email or website link].

Our physical address is [insert].

Unilever are members of [insert membership of regulatory bodies it belongs to (if any)] and we subscribe to the following codes of conduct: [insert (if any)].

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