Terms and Conditions

  1. Definitions
    1. "olaokja" and/or "we" and/or "us" and/or "our" means Okja South Africa (Pty) Ltd (Registration Number: 2017/362758/07);
    2. "Products" means and includes plant-based food and beverage products, and "Product" means any of the Products, as the context may require;
    3. "user" and/or "you" and/or "your" means any person who purchases our Products from time to time, including any parent(s) or legal guardian(s) of any minor or any legal guardian(s) of any person under any form of legal disability; and/or any person accessing any part of this website;
    4. "this website" or "the website" means olaokja.myshopify.com and/or all sub-pages thereof excluding links to external sites.
  2. Use of this website
    1. By accessing and/or using this website, you agree to be bound by the terms and conditions herein contained ("the Terms"). olaokja may at any time and in its sole discretion amend any of the Terms and such amended Terms will immediately supersede and replace any previous Terms. The amended Terms will be made available on the website. Each time you access the website and/or purchase Products offered via the website, you agree to be bound by the Terms, as may be amended from time to time.
    2. Only persons aged 18 (Eighteen) years or older may utilise this website. Should you be under the age of 18 (Eighteen), kindly ensure that your parent or guardian utilises this website.
    3. Use of this website is strictly at the sole risk of the user.
    4. Unless otherwise indicated, users are welcome to copy, download or print out any of the visible text or images on this website for personal and non-commercial use.
    5. Users wishing to use website content for their own commercial purposes may only do so with the prior written permission of olaokja. Requests for commercial use may be submitted to info@olaokja.com. The granting or refusing of permission is completely within the discretion of olaokja and may be conditional.
    6. Any use of the content or any other part of this website, including any content sent to users, must be clearly accompanied by the following: "© olaokja plus [insert year in which content is copied]. All rights reserved.".
    7. Users acknowledge that it is their responsibility to familiarise themselves with any amendment to, or alteration of, the Terms.
    8. You may only use this website in accordance with these Terms and, in any event, for lawful and proper purposes, which includes complying with all applicable laws, regulations and codes of practice within the Republic of South Africa (“RSA”) or other jurisdiction from which you are accessing this website.
  3. Information and required disclosures under section 43 of the Electronic Communications and Transactions Act 25 of 2002 (as amended) (“the ECT Act”)
    1. The full name and status of olaokja is Okja South Africa (Pty) Ltd (Registration Number: 2017/362758/07), a private company duly incorporated in accordance with the laws of the RSA, whose full and further details appear hereunder:
      1. Directors: David Chait and Dean Hyde;
      2. Telephone Number: 0824270391;
      3. Physical address:
        Suite 20 - 202
        The Waverley Business Park
        Wyecroft Road
        Cape Town
      4. E-mail address: info@olaokja.com.
    2. The website offers information on olaokja and its Products, and allows for amongst other things (i) the purchase of Products by way of placing orders for collection or delivery; and (ii) subscription to a regular email newsletter including information about our Products.
    3. Records of transactions: orders made are confirmed by a statement displayed online immediately after the transaction is submitted, which can be copied and pasted or printed. The record of any transaction can be accessed by viewing the user's order status which record is available for an indefinite period from date of the transaction.
    4. Further supplier information and required disclosures in terms of section 43 of the ECT Act (including the manner in which orders may be placed and payment effected) are more fully dealt with in the Terms or on the website.
  4. No offer
    1. Users should regard nothing contained in this website as an offer but rather as an invitation to do business.
    2. A contract will only be entered into at the stage at which olaokja receives and confirms acceptance of your order.
    3. You acknowledge that olaokja supplies Products for delivery at your chosen delivery address
  5. Order process
    1. Orders may be submitted using the online facility (including the capacity to vary and/or confirm your order prior to finalisation).
    2. When placing an order you acknowledge that, while olaokja will do its utmost to fill the order, factors beyond its control may either wholly or partially prevent it from doing so. olaokja will communicate any such difficulty to you and will remove any unavailable item from your order and ensure that you are not charged for it; alternatively will agree with you on a suitable substitute or credit to be provided.
    3. The user acknowledges that the pricing of Products is subject to change. While olaokja may take steps to inform the user of any such change in the prices, it reserves the right to effect any increase without notice.
    4. Users are always able to check pricing on the website or telephonically.
    5. olaokja's trading hours are subject to change without prior notice at olaokja's discretion. All amounts in respect of the Products listed on the website are in Rand values and are inclusive of value added tax and delivery charges.
    6. Users are solely responsible for the correctness and completeness of information supplied by them during the order process. Any auto-login functionality provided is used at the sole risk of the user and it is advisable that such functionality should not be enabled on a shared computer.
  6. Payment
    1. All amounts payable by the user to olaokja in respect of any order placed via this website shall be settled in full, without deduction or set off, by payment via this website at the time of placing the order, using any major credit/debit cards or payment platform/system accepted by olaokja.
    2. Credit/debit card transactions are processed through the Peach Payments payment gateway using industry standard Secure Sockets Layer (SSL) security technology. This ensures that all credit/debit card details are encrypted and securely sent to our merchant server. For more information on Peach Payments, and to view their security certificate and security policy, visit https://info.peachpayments.com.
    3. This website does not store any user credit/debit card information. At no stage is credit/debit card information stored together with user personal information (as defined in the Protection of Personal Information Act 4 of 2013) (“personal information”).
  7. Delivery
    1. Product(s) are delivered to the user’s chosen address within the RSA via a courier service.
    2. Delivery charges are subject to change without prior notice in response to fluctuations and increases in prices of inputs to transportation.
    3. Delivery charges may vary depending on distance to be travelled to any delivery location.
    4. Where an order is delivered to the user, it is the sole responsibility of the user to ensure that suitable arrangements are made to take receipt of the delivery (including to ensure that a responsible party is available to take receipt of the delivery). olaokja will not be held responsible for any damage or loss occasioned subsequent to delivery of the Products to the user or any such responsible party.
    5. olaokja reserves the right to refuse to accept any order due to previous or anticipated delivery difficulties.
    6. Ownership of the Products shall only pass from olaokja to the user after the user has effected payment of the purchase price in full to olaokja and such Products have been delivered to the user.
    7. Risk and benefit in the Products will pass to the user on delivery of such Products to the user. The foregoing is subject to any provision in the Consumer Protection Act 68 of 2008 (“CPA”) that provides for a particular party to bear the risk in the Products at any particular time.
    8. Further information in this regard is available on this website.
  8. Returns, exchanges, cancellations and refunds
    1. Once your order has been accepted, same will not (subject to applicable law) be capable of being amended or cancelled and you will be held liable for the full value of the order.
    2. Products may not be returned or exchanged; provided that in relation to defective products, this is subject to the peremptory provisions of the CPA. No cash refunds will be made in respect of any products ordered via the website.
    3. Further information in this regard is available on this website.
  9. Disclaimers
    1. This entire website, including text, images, links, downloads and coding, is provided "as is" and "as available". olaokja makes no representations or warranties, express or implied, including but not limited to warranties as to the correctness or suitability of either the website or the information contained in it.
    2. To the fullest extent possible under law, olaokja, its directors, officers, related or inter-related parties (including its holding and subsidiary companies), employees, associates, suppliers, ISPs, partners, affiliates and agents (collectively, “the olaokja parties”):
      1. accept no liability whatsoever for any loss, whether direct or indirect, consequential or otherwise, arising from information made available on (or by means of) the website (or any of the pages therein contained) and/or transactions or actions resulting therefrom; and
      2. disclaim all responsibility or liability for any damages, including but not limited to direct, economic, consequential loss or loss of profits, resulting from the use of this website in any manner.
      3. olaokja does not warrant or represent that your access to the website will be uninterrupted or error free or that any information, data, content, software or other material accessible through this website will be free of bugs, viruses, worms, trojan horses or other harmful components.
      4. It is the sole responsibility of the user to determine whether the Products ordered by the user are suitable for purpose for which the user intends using them.
      5. olaokja parties disclaims all responsibility or liability for any losses in the event that any order cannot be made by a user or confirmed by olaokja (as the case may be) on any specific occasion for any reason arising out of any failure, malfunction or delay in any electronic device for any reason.
      6. The olaokja parties give no warranties, express or implied, in respect of any Products (including warranties as to the fitness for purpose, quality, condition, service-ability or otherwise of the Products) other than those which are imposed by the CPA.
      7. olaokja has no control over third party content and features which can be accessed through the use of this website and does not examine or edit such content and features or act as an agent for third parties accessible through this website. As such and to the fullest possible extent permissible under law the olaokja parties disclaim any liability whatsoever for any loss or damage arising from the use of third-party websites, contents and features.
  10. Indemnity
    1. The user agrees to indemnify and hold harmless the olaokja parties from any demand, action or application or other proceedings, including for attorney’s fees and related costs such as tracing fees, made by any third party and arising out of or in connection with the user’s use of this website, third party websites or any of the products or services offered through such websites in any way, including but not limited to the content of any such websites.
    2. The user agrees to indemnify, defend and hold the olaokja parties harmless from any direct or indirect liability, loss, claim and expense (including reasonable legal fees) related to the user’s breach of these Terms.
  11. Receipt of data messages
    1. Data messages, including e-mail messages, sent by users to olaokja shall be deemed to be received only when acknowledged or responded to.
    2. A data message sent by olaokja to a user shall be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.
    3. olaokja reserves the right not to respond to any e-mail or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take the appropriate action against the sender of such e-mail where necessary.
    4. Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost or corrupted. olaokja is therefore not responsible for accuracy of any message sent by email over the internet – whether from olaokja to you, or from you to olaokja.
  12. Monitoring and interception of data messages
    1. In order to provide a relevant and secure service and to promote the secure and efficient operation of the website, and where required to do so by law, olaokja may monitor and/or intercept electronic communications such as e-mails which are sent to this website. To the full extent necessary under law, the user hereby acknowledges that he or she is aware of such potential monitoring and/or interception and consents thereto.
  13. Security
    1. While olaokja takes all reasonable security precautions in connection with the website, no liability will lie for damage caused by the malicious use of this website or by destructive data or code that is passed on to the user through the use of this website.
    2. The following acts in connection with this website are expressly prohibited:
      1. gaining or attempting to gain unauthorised access to any web page or part of this website;
      2. delivering or attempting to deliver any unauthorised or malicious code or content to this website; and/or
      3. any amendment to or attempt to amend any of the content or any other part of this website by unauthorised persons.
    3. olaokja will pursue the prosecution of and compensation from any person that delivers or attempts to deliver any destructive code to this website or attempts to gain unauthorised access to any page on or part of this website.
  14. Copyright and intellectual property protection
    1. Copyright in all information, images, source codes and other original material contained in this website which is not attributed to a third party, is held by or licensed to olaokja and is protected by both South African and international intellectual property laws. Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such material or any component thereof will constitute an infringement of such copyright and/or other intellectual property rights. The trademarks, names, logos and service marks (collectively "trademarks") displayed on this website (unless attributed to a third party) are registered and unregistered trademarks of olaokja. Subject to the rights afforded to the user herein, all of olaokja's or its licensor’s (as the case may be) intellectual property rights (including any moral rights) remain at all times expressly reserved.
    2. olaokja grants to users a personal, non-exclusive, non-assignable and non-transferable license to use, print and display all content and information contained in this website on any machine of which the user is the primary user for non-commercial purposes only. Save as aforesaid, nothing contained on this website should be construed as granting any licence or right to use any trademark without the prior written permission of olaokja.
    3. In particular, you agree that you will not:
      1. post, transmit or disseminate any information on or via this website which is or may be harmful, obscene, defamatory or otherwise illegal;
      2. use this website in a manner which causes, or may cause, an infringement of the rights of any other person;
      3. use any software, routine or device to disrupt or interfere, or attempt to disrupt or interfere electronically or manually with the operation or functionality of this website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means;
      4. deface, alter or interfere with the front end ‘look and feel’ of this website or the underlying software code.
    4. By posting or submitting information (including any comments) on, or to, this website, you warrant that any such information submitted or posted by you (as the case may be) to or on the website does not, and will not, violate any right of any third party, including intellectual property, privacy or any other personal or proprietary right. Any comments uploaded by users constitute the opinions of such users and do not in any way represent the views, beliefs, opinions or values of olaokja. olaokja reserves the right to moderate (and it its sole discretion remove) any comments uploaded by users from time to time.
    5. olaokja reserves the right to make improvements or changes to the intellectual property, information, artwork, editorial content, graphics and other materials on this website.
    6. If you believe that this site in any way infringes a third-party copyright or other intellectual property right please contact us immediately specifying the full details of the alleged infringement.
  15. Privacy and Confidentiality of communications
    1. Further information regarding the manner in which we respect the privacy of users’ personal information is contained in our privacy policy, which is available on this website.
  16. Advertising and sponsorship
    1. This website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in this website complies with all applicable laws and regulations including, for the avoidance of any doubt, the CPA.
    2. The olaokja parties accordingly exclude, to the fullest possible extent permissible under law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.
  17. Hyperlinks, deep links and framing
    1. Any third-party site may link to this website provided that such a link is directed at the homepage of this website. It is expressly prohibited for any person, business or entity to link to any page other than the homepage of this website without the prior written approval of olaokja first being obtained.
    2. Permission to link to this website is given without assumption of any liability. olaokja reserves the right to withdraw permission granted to link to this website at any time and for any reason.
    3. Hyperlinks and/or advertisements contained on this website and directed towards other websites or users are provided without any warranties or endorsements as to the content, suitability, accuracy or security of the site linked to. olaokja in no manner controls or edits the content of sites or pages linked to, and disclaims all liability, direct or indirect, which may arise from the use or inability to use a link or a linked-to website.
    4. olaokja does not endorse the views, opinions and recommendations included in any website linked to this website.
    5. Use of the sites or pages linked to this website is accordingly exclusively at the risk of the user.
    6. The express permission in writing of olaokja, which may be subject to conditions, is required before this website, any of its pages and/or any of the information contained on the website is framed. Requests for permission can be submitted through e-mailing info@olaokja.com.
  18. Termination / suspension of the website
    1. olaokja reserves the right, in its sole and absolute discretion and without prior notification, to terminate or suspend the provision of this website and/or to terminate or suspend the access rights of any user where, for example and without limitation:
      1. olaokja regards the action or inaction of a user to constitute a breach of these Terms;
      2. olaokja regards the action or inaction of a user to constitute abuse of the services offered through this website;
      3. events beyond the reasonable control of olaokja, including technical failures, prevent the continuing provision of the website.
  19. Governing Law
    1. The user hereby agrees that the law applicable to these Terms, their interpretation and any matter or litigation in connection therewith or arising from them will be the law of the RSA.
    2. This website is owned, hosted and maintained within the RSA.
    3. When using this website and agreeing to these Terms such use and agreement is deemed to have taken place in Cape Town, South Africa.
    4. Users of this website are encouraged to familiarise themselves with the South African law relating to electronic communications and transactions as contained in the ECT Act.
  20. Consent to jurisdiction and costs
    1. The user consents to the jurisdiction of the Magistrate's Court having jurisdiction in terms of section 28 of the Magistrate's Court Act as amended in respect of any dispute flowing from the use of this website, notwithstanding the fact that the amount of the claim may exceed the jurisdiction of such Court.
    2. Notwithstanding the above olaokja may, in its own discretion, elect to proceed with any claim, application or action in the High Court of South Africa (Western Cape Division, Cape Town) and, to the extent necessary, the user accepts such jurisdiction.
    3. The user agrees that it will be liable for the legal costs, including tracing fees, on the scale as between attorney and client in respect of any legal proceedings commenced by olaokja as a result of any breach of these Terms or any additional terms and conditions contained on this website.
  21. General
    1. These Terms (as amended from time to time by olaokja) contain the entire agreement between the parties in relation to these presents and no party shall be bound by any undertakings, representations, warranties, promises, terms or conditions or the like not recorded herein.
    2. No indulgence, leniency or extension of time granted by olaokja shall constitute a waiver of any of olaokja's rights under these Terms and, accordingly, olaokja is not precluded as a consequence of having granted such indulgence, from exercising any rights against the user which may have arisen in the past or which might arise in the future.
    3. Words importing the singular will include the plural, and vice versa, and words importing the masculine gender will include the feminine and neuter genders, and vice versa, and words importing persons will include partnerships, trusts and bodies corporate, and vice versa.
    4. In these Terms, the word "including" shall mean "including without limitation or prejudice to the generality of any description, definition, term or phrase preceding that word", and the word "include" and its derivatives shall be construed accordingly.
    5. The headings to the paragraphs to the Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.
    6. olaokja cede its rights and/or delegate its obligations under these Terms without your prior written consent. You may not cede your rights and/or delegate your obligations under these Terms without olaokja’s prior written consent, which shall not be unreasonably withheld.
    7. To the extent necessary in law, if any of the provisions in these Terms constitute a stipulatio alteri (i.e. a contract in favour of a third party) in favour of any person who is not a party hereto, the benefit thereof may be accepted by such person at any time, from time to time.
    8. Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof will be considered severable and if, for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation (including, without limitation, the CPA and any regulations thereto) or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and will not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which will continue to be given full force and effect and bind the parties hereto.
    9. No term or condition of these Terms is intended to breach any peremptory provisions of the CPA and any regulations thereto ("Prohibited Provision"). Any breach of any such Prohibited Provision shall be governed by the provisions of clause 21.8 with the necessary changes being made (“mutatis mutandis”)
    10. If any provision of these Terms is found by any Court to be unfair as contemplated in Regulation 44 to the CPA (to the extent that such Regulation is applicable hereto), then that provision will apply to the maximum extent permitted under the CPA and will further be governed by the provisions of clause 21.8 mutatis mutandis.