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Fastcart: Terms and Conditions

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1. Introduction

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     1.1. The website fastcart.shop is a property of K2020192423 (Pty) Ltd, a company registered under the laws of                            the Republic of South Africa with its business address at 40 King Street, Southernwood, East London, Eastern                    Cape.

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     1.2. K2020192423 (Pty) Ltd reserves all the copyrights and other intellectual property rights to the images, designs                    and layouts, colour schemes and the entire corporate identity of this website.

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     1.3. For the purposes of these terms and conditions K2020192423 (Pty) Ltd shall be referred to as Fastcart.

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     1.4. By visiting fastcart.shop you agree to the terms and conditions of using this website which are detailed below:

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2. How it works?

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     2.1. Fastcart offers you a unique online grocery shopping experience. All you need to do is the following:

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            2.1.1. Visit www.fastcart.shop;

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            2.1.2. Add grocery items to the cart by clicking on the “Add to Cart” button and specifying the quantity of items                         that you require;

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            2.1.3 Click on the cart at the top right-hand corner of your screen to review your grocery item list;

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            2.1.4. Click on “Checkout”;

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            2.1.5. Enter your delivery address, email address, contact number, your payment details and specific instructions                         such as delivery time, then click “Submit”.

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            2.1.6. You will receive an email confirming your order together with an invoice.

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            2.1.7. Fastcart employees will identify the items on your shopping list from Fastcart stock (not applicable to                                  liquor, see 3.5.) or third-party suppliers and prepare your order for delivery.

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            2.1.8. The standard turnaround time from ordering to receiving an order at your doorstep is 90 minutes, subject                           to unforeseen circumstances such as congestion and any other event that may delay the delivery.

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            2.1.9. Upon arriving at the delivery address, a Fastcart employee will identify him or herself and request for the                             person who placed an order or that person’s nominee to receive the order.

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3. Area of operation

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     3.1. Fastcart services are currently limited to the geographical area of East London in the Eastern Cape, South Africa.              No orders requiring a delivery to any other geographical areas in the Eastern Cape or other provinces shall be                  fulfilled.

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     3.2. All orders requesting delivery to an address outside East London shall be cancelled and any payment received                  shall be paid back into the account from which the money was received, within 5 working days. No requests for                  cash refunds shall be considered.

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     3.3. We offer grocery and liquor shopping. The sale of liquor is subject to COVID-19 regulations and liquor license.

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     3.4. We are not an online liquor store, our services are limited to the display of liquor selection by their names, aided              by pictures. When a customer orders liquor on our website, it is an instruction for us to source the selected item                from a licensed liquor store and to deliver the ordered items to the customer’s delivery address.

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     3.5. When a customer orders liquor, we will not and cannot supply the products from our own stock as we are not a                  licensed liquor distributor and we cannot hold liquor stock.

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4. Acceptance

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     4.1. By accessing this website, you agree to and are bound by these terms and conditions.

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     4.2. If you do not agree to any of the terms and conditions on this website, it is your responsibility to ensure that you                stop using this website immediately.

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     4.3. By using this website, you confirm that you are 18 years of age and older.

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     4.4. Fastcart shall not enter into a negotiation of or agree to a variation of these terms and conditions after you have                concluded a transaction on or through this website.

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     4.5. By using this website, you also agree to the terms and conditions of using a third-party payment system.

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5. Mandate

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     5.1. Upon submission of an order of grocery items you agree to the following:

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            5.1.1. That you give Fastcart permission to act as your agent, in order to search for a product matching the                                  description and the price reflected in your order.

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            5.1.2. That Fastcart may fulfill your order from its own stock (not applicable to liquor, see 3.5.) or source your                                  grocery items from a third-party retailer at a price equal or less than the price you displayed in your order                            items.

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            5.1.3. That where Fastcart fulfills your order with products from a third-party retailer, and the total cost of the                                basket of goods you order is less than the cost reflected on your order, no refund shall be due to you as a                          result of the difference between the cost paid and the cost at which the product was actually acquired by                            Fastcart.

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            5.1.4. Similarly, where Fastcart fulfills your order with products from a third-party retailer, and the total price of                              the basket of goods you order is higher than the value reflected on your order, no additional costs shall be                        payable by you as a result of the difference in the price paid and the cost at which the product was actually                        acquired.

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            5.1.5. Fastcart reserves the right to omit a grocery item if the price at which it is advertised and the cost at which                          Fastcart can obtain it from a third-party retailer differs by R 5 (Five Rands) or more. The price paid for the                            omitted item shall be refunded to the buyer within 5 business days, after a deduction of transaction costs,                          including deduction of deposit charge by the bank of the customer.

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6. Cookies and User History

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     6.1. Fastcart may use programs that track user’s activities on its website, in order to enhance user experience and its                marketing campaigns. By using this website, you agree to Fastcart user tracking activities. The tracking activities               above do not extend to the storage of user payment credentials.

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7. Changes to Your Terms

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     7.1. Fastcart reserves the right to review and amend these terms and conditions without prior notice. It is your                          responsibility to ensure that you have read the terms and conditions every time that you use this website.

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     7.2. Any order that has been placed on this website shall be governed by the terms and conditions at the time that                  the order is placed.

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8. Prices and Stock Availability

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     8.1. Fastcart reserves the right to review and change its prices on a regular basis, as such, prices may change without              prior notice.

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     8.2. An order that has been placed at a specific price shall be fulfilled at such price, notwithstanding that the price                    has subsequently changed before the order was delivered.

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     8.3. All prices shall be deemed to exclude VAT. We do not refund VAT to the buyer.

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     8.4. While Fastcart will endeavor to source and deliver all items in your grocery list, it may happen that an item                          ordered is out of stock at the time that our employees are preparing the order. If the order consisted only of the                item that is out of stock, then the order shall be cancelled and the funds refunded to the customer. If it is                            possible to fulfill part of the order without the item out of stock, Fastcart shall fulfill the order to the extent that it              is possible and refund the customer for the item out of stock.

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     8.5. Refunds due to stock unavailability (like all other refunds) shall only be made electronically into the account or                    card that was used to pay for the grocery.

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9. Payments and Invoice

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     9.1. An order shall be considered complete when a payment has been made on that order.

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     9.2. When making payment either using a debit or credit card, you warrant or represent to Fastcart that you are the                  rightful owner of or an authorized person to use such card. You represent that the card or the underlying bank                  account has sufficient funds to pay for the order.

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     9.3. Fastcart reserves the right to ask for additional information in order to authorize and/or verify the validity of                        payment.

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     9.4. In cases where additional information is required to verify the validity of the payment, the order shall be                              suspended. If the information is not received within specified time (as specified by one of our employees), the                  order shall be cancelled.

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     9.5. When making payment you may be directed to a secure site that is not owned by Fastcart. The third-party that                  owns the site is committed to a high standard of internet transaction security. Fastcart does not store any of your              credit or debit card details and shall not be liable for any loss suffered while transacting on its website or that of                a third-party.

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     9.6. Upon completing the payment process, you will receive an email with an invoice reflecting all the items that you                have ordered.

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     9.7. By completing payment, you undertake that you will accept the delivery of grocery items in your order.

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     9.8. Should you refuse to take delivery of the grocery items as specified in your order, Fastcart shall not refund the                    cost of the grocery items.

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     9.9. If after the delivery of the grocery items ordered, it is found that the payment for the grocery items is dishonored,              you will become liable to pay Fastcart the total costs for the grocery items delivered and the delivery costs, plus                an additional fee of 10% of the order.

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     9.10. If you refuse to pay Fastcart for the costs in the paragraph above, Fastcart reserves its rights to take legal                            action, and you shall be liable for both Fastcart legal costs and your own.

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     9.11. Our website offers a functionality to store your payment details. While we have taken the necessary measures to                ensure the safety of the information stored on our website, we wish to bring it to your attention that Fastcart                      shall not be held liable for any financial loss or any other form of loss or damage suffered by a customer or any                  other person as a result of theft or theft as a result of lapse of our security system, whether such lapse is due to                  our own negligence or that of our employee or a third-party contracted to do work on our website or                                  negligence actions of a customer.

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     9.12. Should you store your payment details on our website, you do so at your own risk.

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     9.13. It is your responsibility to minimize risks associated with online payments.

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10. Delivery and Delays

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     10.1. Fastcart shall fulfill any order whose delivery address is a place within East London, in the Eastern Cape. Order                  whose delivery address is outside East London shall be cancelled and a refund paid into the customer’s account                within 5 business days.

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     10.2. Working Hours

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              The following trading hours shall apply during the lockdown period:

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              10.2.1. On Monday until Friday, Fastcart shall receive orders during working days between 8:00 AM and 5:00 PM.

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              10.2.2. On Saturdays, orders shall be received between 8:00 AM and 4:00 PM.

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              10.2.3. On Sundays, orders shall be received between 8:00 AM and 3:00 PM.

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              The following trading hours shall apply under normal circumstances:

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              10.2.4. Fastcart shall receive and fulfil orders on the same day if an order is received on any day (Sunday to                                      Saturday) between 8:00 AM and 7:30 PM.

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     10.3. Orders received within 60 minutes of the closing time or after closing time shall be fulfilled in the next day.

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     10.4. Order that have been placed with sufficient details in respect of the delivery address shall be fulfilled in 90                          minutes from the time that the order is received, subject to stock availability and the 60 minutes clause above.

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     10.5. Note that despite our best effort, we cannot guarantee that your order will be delivered within 90 minutes.                        Therefore, by using our services you undertake to hold us harmless for any inconvenience suffered by you as a                  result of delays in the delivery of your order. There are often events beyond our control that affect our delivery                  times, which include but not limited to traffic, inclement weather conditions and queues at third-party retailers.                  Our employees will continue to do their level best to get your order to you as soon as possible under the                          prevailing circumstances.

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     10.6. When placing your order, ensure that you provide accurate house number or stand number, street name and                      your contact number.

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     10.7. A delivery fee and service fee are charged and are reflected on the invoice as a single amount. Delivery service                  fee does not include gratuity (tips) for our drivers.

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     10.8. Fastcart reserves the right to rename or increase or split the fees reflected on the invoice.

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     10.9. ONCE AN ORDER HAS BEEN MADE, YOU WILL NOT BE ALLOWED TO MAKE CHANGES TO THE DELIVERY                  ADDRESS.

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     10.10. Upon arrival at the delivery address our driver or employee shall ask for the person who placed the order and                    handover the order.

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     10.11. If it happens that there is no one at the delivery address, our driver or employee shall try to reach the customer                  through any method of communication possible, given the information at the employee’s disposal. If the                            attempts to reach the customer are not successful, the driver or employee shall take the order back to Fastcart                  premises. A customer may arrange to pick up the order or arrange for the order to be delivered again, at an                      extra cost.

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     10.12. It is advised that customers provide additional delivery instructions, in respect of specific times that they would                  like their order delivered or a person who shall receive the order if that person is not the same person who                        placed the order.

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11. Refunds and Returns

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     11.1. Fastcart prefers that you do not cancel your order once placed. It takes 5 business days to process refunds. By                  the time that you receive your money, you would have already received your groceries.

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     11.2. Fastcart processes refunds if we are not able to fulfill an order. In this case, we will cancel your order and refund                your money. Five (5) business days still apply to refunds.

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     11.3. Fastcart will also make a refund for an item of grocery that were not able to get from our stock or other retailers.                In this instance Fastcart will deliver everything else and mark items that we did not find at the store. Even in this                case, a refund will take 5 business days.

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     11.4. Because delivery fees, service fees and transaction costs are not related to the number of items in the order,                      Fastcart does not refund the delivery fee, service fee and transaction costs for partially fulfilled orders.

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     11.5. If a grocery item is broken, expired, compromised or of poor quality, give us a call and quote your order                            number. One of our employees will come to you and collect the item and ensure that it is replaced or returned                  to the supplier as the case may be.

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12. Disclaimer and Warranties

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     12.1. While Fastcart has taken the necessary steps to ensure that our website is secure and user friendly, the use of                    our website is at your own risk. Fastcart shall not be held liable for any damage or loss or expense caused by or                while you are logged into its website, whether directly or indirectly caused.

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     12.2. Fastcart has taken reasonable steps to ensure that product pictures and descriptions are matched, accurate and                complete. Fastcart does not make representations or warranties, whether express or implied, as to the quality,                  operation, integrity, availability or functionality of the products displayed on its website. Fastcart employees are                not authorised to give any assurances as to the above.

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     12.3. Fastcart do not guarantee that the grocery items displayed on its website shall taste or cook as it may have                        been advertised by its manufacturer or any other third-party.

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     12.4. By using our website, you accept all risk associated with the existence of such viruses, destructive materials or                    any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise                      impede in any manner the operation or content of a computer system, computer network, any handset or                          mobile device, or your hardware or software, except where such risks arise due to the gross negligence or wilful                misconduct of  Fastcart, its employees, agents or authorised representatives. Fastcart disclaims all liability for                    any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use                  of its website.

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     12.5. By using our website to order, you undertake to hold us harmless in relation to any loss, sickness or impairment                  of life or any other infringement on quality of life that may arise as a result of consuming a product advertised                    on our websites. The producer of the product shall bear product liability associated with such product.

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     12.6. It is your responsibility to ensure that you are aware of your own allergies and that of your family members or                      people that may consumer products ordered from our website. Fastcart shall not be liable for the loss of life or                  any impairment to the quality of life caused by allergies as a result of products ordered from our website.

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13. Limitation of Liability

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      Any other liability that may arise either from the use of our website or the consumption of any product ordered                  through our website shall be limited to the value of the product bought.

     

14. Copyright Notice

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      All copyrights relating to this website are reserved.

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15. Governing Jurisdiction

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      In case of any dispute, the dispute shall be resolved in terms of the law of the Republic of South Africa.

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