(+27) 072 412 9113 info@gocery.co.za

Terms and Conditions

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Welcome to the Gocery Website at www.gocery.co.za. Please take a moment to read these terms and conditions including our policies (“Terms”) to understand how they apply to your use of our Website and any products or services that may you may order online.

Please read the rules carefully.
USE OF AND/OR REGISTRATION ON ANY ASPECT OF THE WEBSITE WILL CONSTITUTE YOUR AGREEMENT TO COMPLY WITH THESE RULES.
If you cannot agree with these rules, please do not use the Website. In addition to reviewing this Agreement, please read our Privacy Policy. Your use of the Website constitutes an agreement to their terms and conditions as well.
If you have any questions regarding our Website, the Terms, products or services, please contact us on (+27) 072 412 9113 or info@gocery.co.za.

1. General Terms
Who owns this Website?
The Gocery Website at www.gocery.co.za is owned and operated by Gocery (Pty) Ltd (“Gocery”), a company registered in the Republic of South Africa under company registration number 2017/144786/07, which has its registered office at 6733, Raslouw, 0157.
All rights and/or defences afforded to us in these Terms shall stand to the benefit of our group companies.
Terms and conditions apply
These Terms apply to your use of this Website. By using this Website, you acknowledge that you have read and understood these Terms and agree to be bound by them. They represent our entire agreement with you and supersede all prior terms, conditions, warranties and/or representations to the extent permitted by law. Please do not use our Website if you do not agree to be bound by these Terms.
Online purchases from our Website are subject to these Terms.

Amended or updated terms: We may periodically update or change the Terms without notice. You should check them from time to time, as your continued use of our Website will mean you accept any updated or revised Terms.
Law and arbitration: This agreement is governed by the laws of the Republic of South Africa. Any dispute arising in relation to our agreement with you shall, to the extent permitted by law, be referred to arbitration in Johannesburg at a venue to be determined by us applying the Uniform Rules of the High Court of South Africa.
Use of our Website: You are welcome to browse or use our Website for your own personal, noncommercial shopping and information purposes only. No other use is permitted without our prior written consent. The unauthorised use, copying, reproduction, variation, modification or distribution of the content of this Website, the uploading of any unlawful or damaging information or viral software, or the creation of any links to our Website from any other site whatsoever, is strictly prohibited.
Unless otherwise specified, the Website is intended for your personal use only. You may not authorise others to use the Website, and you are responsible for all use of the Website by you and by those you allow to use, or provide access to, the Website. You may not impersonate, imitate or pretend to be somebody else when using the Website.
You may not provide to or post on or through the Website any graphics, text, photographs, images, video, audio or other material that constitutes junk mail, spam, advertising and/or commercial offers. You may not repeat the same posting multiple times in a day or week.
You agree not to use any obscene, indecent, or offensive language or to provide to or post on or through the Website any graphics, text, photographs, images, video, audio or other material that is defamatory, abusive, bullying, harassing, racist, hateful or violent. You agree to refrain from ethnic slurs, religious intolerance, homophobia and personal attacks when using the Website. You agree not to use any sexually explicit language or to provide to or post on or through the Website any graphics, text, photographs, images, video, audio or other material that is sexually explicit.
You may not provide to or post on or through the Website any graphics, text, photographs, images, video, audio or other material that is encrypted, invades anyone’s privacy, or illustrates, references or encourages conduct that would constitute a criminal offence, give rise to criminal liability or that otherwise violates any statute or regulation. You agree to use the Website only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.

You are responsible for ensuring that any graphics, text, photographs, images, video, audio or other material you provide to or post anywhere on the Website does not violate the copyright, trade mark, trade secret or any other personal or proprietary rights of any third party or is provided or posted with the permission of the owner/s of such rights.
The Website may contain graphics, text, photographs, images, video, audio and other material that is clearly identified for your use (“Assets”). The Assets are protected by copyright, trade mark and other intellectual property laws. Nevertheless, we grant to you the limited, non-exclusive rights and license to use the Assets solely as described on the Website, as limited by this Agreement, and provided further that you keep intact any and all copyright and other proprietary notices. This includes the “look and feel” of the Website and the advertising thereon (“the Website Content”).
The Website Content is protected by copyright, trade mark and other intellectual property laws and is the property of Gocery and its authorized service providers. The copying, reproduction, publication, display, rearrangement, redistribution, modification, revision, alteration, cropping, re-sizing, reverse engineering, movement, removal, deletion, or other use or change by you, directly or indirectly, whether by omission or commission, of any such Website Content, including but not limited to the removal or alteration of advertising, is strictly prohibited.
You may not in any way make commercial or other unauthorised use, by publication, re-transmission, distribution, performance, caching or otherwise, of material obtained through the Website except as permitted by statute or expressly permitted in writing by this Agreement or the Website.
You agree not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Website or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others’ use of the Website. Other than connecting to our and our third party service provider’s servers by http requests using a Web browser, you may not attempt to gain access to our servers by any means, including, without limitation, by using administrator’s passwords or by masquerading as an administrator while using the Website or otherwise.
You acknowledge that Gocery and its third party service providers have not reviewed and do not endorse the content of all sites linked to and from this Website, and are not responsible for the content or actions of any sites linked to or from this Website. Linking to any service or site is at your sole risk. You agree to indemnify Gocery against any loss, damage, harm, claim or any other cost whatsoever that we may sustain as a result of your use of our Website and/or its contents contrary to these Terms. We use cookies to identify the computer device with which you connect to our Website. We reserve the right to restrict your use and access to our Website or part thereof in the event of any unauthorized use.

We reserve the right to suspend our Website or any part thereof or terminate your account at any time if we, in our sole discretion, determine that you are not using the Website in compliance with these Terms or if we believe the information provided by you is untrue, inaccurate or incomplete.
Any indulgence of extension of time granted to you shall not be construed as a waiver or variation of any of our rights or remedies in these Terms or law. Use of our Website outside South Africa
Customers who are not resident in South Africa are welcome to use our Website in accordance with these Terms to make online purchases provided that the delivery address is in South Africa.
Marketing: Your privacy is very important to us and therefore any information that you upload on our Website including any payment card information will be stored on a secure server. Our secure server encrypts your identity number and payment card details in order to minimise the risk of unauthorised disclosure or interception. Our Website makes use of ‘cookies’ which collect data about the device that you use to access our Website. The cookies minimise the possibility of unauthorised access to, and disclosure of, your personal information. We will not disclose, sell or rent your personal information to third parties without your consent unless we are compelled to do so by law. We may do so if you have granted consent thereto. Whilst all reasonable efforts are taken to ensure that your personal information and/or credit card details are protected over the internet. We cannot guarantee the absolute security of any information you exchange with us.
Accuracy of Website content: All reasonable steps are taken to ensure that the information on our Website is accurate and up-to-date. We do not, however, warrant that the content or information displayed is always accurate, complete and/or current. Any comments uploaded by our users or any authorised experts invited as our guests are their opinions alone and do not in any way represent our views, opinions, beliefs or values.
Your comments: We value your comments, ideas, suggestions and feedback (“your Comments”) via our Website. We will not respond to, maintain or compensate you in any way whatsoever for your Comments. Once received, your Comments will become our property and we will not be limited in any way in the use, commercial or otherwise, of any of your Comments.

Gocery does not necessarily endorse, support, sanction, encourage, verify or agree with the comments, opinions or statements posted on forums, blogs or otherwise contained in the Website. Any information or material placed online, including advice and opinions, are the views and responsibilities of those who post the statements and do not necessarily represent the views of Gocery or its third party service providers. You agree that Gocery and its third party service providers are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement.
You warrant that your Comments do not and will not violate the right(s) of any third party, including copyright, trademark, privacy or any other personal or proprietary right. You agree not to disclose, submit or offer any Comments that are or contain any defamatory, unlawful, abusive or obscene material. We disclaim any liability towards any third party regarding your Comments and you shall remain accountable towards any third party regarding any harm caused by your Comments.

2. Intellectual property
All rights, including copyright, trade mark and other intellectual property rights embodied in any logos, text, images, video, audio or other material on this Website are owned by or licensed to us. All data and information communicated to or from the Website including its database also belongs solely to us or our licensors. You agree to sign all documents as we may reasonably require in order to assign any rights that you may acquire in the content of our Website. You agree also to waive any moral rights in such content. You are permitted to view, print or store electronically a copy of any information on our Website, including these Terms, solely for your personal, lawful, non-commercial use. Unauthorised use, reproduction, modification and/or distribution are strictly prohibited and constitute an unlawful infringement of our intellectual property rights. Use of our logos, content and images
You are not permitted to use the content of our Website, our logos or any product or other images that appear on our Website without our prior written consent. Unauthorised use, reproduction, modification and/or distribution are strictly prohibited and constitute an infringement of our or our licensors’ intellectual property rights.

Advertising and hyperlinks: External hyperlinks may appear on our Website. The hyperlinks may not be construed to constitute any relationship between us and any linked third party or any endorsement by us of such third party, and use of or reliance on any external links provided is at your own risk. Advertising and other promotional material of third parties may appear on our Website from time to time. We do not endorse such third parties or their products and/or services. Your reliance on any information contained in such material is entirely at your own risk. Disclaimers and exclusions of liability:
Use of our Website is entirely at your own risk. We make no representations or warranties of any kind, whether express or implied. We do not warrant that the functions provided by the Website will be uninterrupted or error free, or that the Website or the server that makes it available are free from viruses or other harmful components. We accept no liability, to the extent permitted by law, for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused arising from the access or use of our Website or the purchase of any of our products or services. You agree, to the extent permitted by law, to indemnify us against any loss or damage suffered or liability incurred by reason of any act or omission on your part or that of any third party acting on your behalf in connection with your use of our Website and/or your purchase of any products or services. Notwithstanding any other provisions contained herein, our liability arising from any breach of these Terms, negligence or otherwise shall not at any time exceed more than double the monetary value of any order placed via this Website.
Indemnification You hereby indemnify Gocery and its affiliates, employees, agents, representatives and third party service providers, and hereby defend and hold each of them harmless from any and all claims and liabilities (including legal costs on the attorney-client scale) which may arise from your submissions, from your unauthorised use of material obtained through the Website, or from your breach of this Agreement, or from any such acts through your use of the Website.

3. Online Shopping Terms
These online shopping terms and conditions apply to all purchases ordered online at www.gocery.co.za. Please read them carefully and print a copy for future reference. You are required to register with us before placing your first order online. Please click on Register to complete the registration form. Registration and/or use of our online shopping Website constitute your acceptance and agreement to be bound by the Terms of our Website, including the additional online shopping terms below.

Online registration Registration on our online shopping site is conditional upon your specified delivery address being within certain specified areas. If your delivery address is not in an area where we deliver, your registration will not be completed. After you have registered, should you change your delivery address to an address which is not in an area where deliver your order will not be accepted. To register you will be required to provide certain information including personal details, payment card details and your delivery address. When registering you will be required to choose a UserID and a password. Please keep your password private. Gocery accepts no liability for any damages suffered or losses incurred from the use or misuse of your password. You will be required to enter your user ID and password each time you visit our online shopping site. To amend any registration particulars please login on gocery.co.za and edit your details.
Product sales and availability: All products displayed on our Website are subject to availability and will be delivered only within the specified delivery areas listed on the Website within the Republic of South Africa. All prices shown on our Website are quoted in South African Rands and are valid and effective only in the Republic of South Africa. We reserve the right to discontinue or change the specifications of our products and services from time to time without notice. We will inform you as soon as possible if any products or services ordered by you are not available.
Colours We have made every effort to display as accurately as possible the colours of the products that appear on our Website. However, as the actual colours you see will depend on the device that you use to access our Website, we cannot warrant that your device’s display of any colour will be accurate.
Content errors: We regret that no order will be accepted if we identify a material error in the description of any of our goods or services or their prices on our Website. Packaging may vary from that shown on our Website. Pricing policy
You will be charged the prices as they are reflected on the Products in the store it was purchased from at the point of sale, subject to availability. Certain of the Products are variable/random mass items. Whilst the average mass of the Product is indicated on the Online Shopping Site as a guide to the cost, the actual Product delivered to you may weigh slightly more or less than the average mass indicated. You will be charged the actual amount due in respect of the specific Product delivered to you. Prices include Value-Added Tax. Special promotions may be subject to certain conditions, including stock availability and limited offer stipulations.
A delivery fee of R19 will be charged for all orders to the value of less than R200.

Methods of payment: We will debit the total value of your online order against the payment card tendered by you during the check out process.
Payment will be effected on acceptance of your order and prior to delivery. By submitting your order and payment card details you warrant that you are over the age of 18 (eighteen), are authorised to make payment with the payment card and that there are sufficient funds available to pay for the order.
Stock availability: Gocery cannot always guarantee availability of stock and will endeavour to deliver a substitute line where possible. If we are unable to supply each and every item ordered or in the quantities ordered, you nevertheless agree to accept delivery and make payment for the items correctly delivered.
Confirmation of orders: Orders placed online constitute your offer to purchase subject to these Terms. Your offer is deemed to have been accepted by us when you receive our confirmation of your order. Failure by us to formally confirm or notify acceptance shall not affect the validity of the sale or the enforceability thereof.
Delivery Gocery: delivery timeslots are as follows: Monday – Friday: 16:00pm to 21:00pm. Saturday: 08:00am to 11:30am. Sundays and Public Holiday: no delivery
Delivery will be made on the same day, if the order is made and paid for by 05:00am. Orders made after 05:00am are for delivery the next day. We cannot guarantee delivery time, and the delivery times are a guideline for expected delivery, and not a guarantee. You may request a specific delivery time, and we will try to accommodate your request. Orders placed on a Saturday or Sunday or Public Holiday are for delivery on the next business day (Mon-Sat).
We only deliver to registered customers within certain specified delivery areas.

On delivery of the order to the specified delivery address, you will receive our delivery note showing the items delivered, any substitute items, any non-available items, the delivery fees, and the amount debited from your payment card. For verification purposes, the person accepting delivery at the delivery address may be required to produce a form of identification. Any person other than yourself who receives the products at the delivery address is presumed to be authorised to accept delivery on your behalf. Should no-one be in attendance at the time of delivery, the driver will keep the products and leave a notice at the delivery address to this effect. The driver will attempt to contact you to make new arrangements for delivery or collection. We reserve the right to charge an additional delivery fee should it be required in the circumstances. Our liability for failing to deliver the products timorously is limited to delivery being affected at a later agreed time at no additional charge. Please arrange that you or your authorised representative is available to accept your purchases at the delivery address and that appropriate access will be made available. On delivery, we will require you or your authorised representative to sign and print your or their name on a duplicate copy of the delivery note, to confirm receipt. We have outsourced all delivery and collection arrangements. Accordingly, we cannot, to the extent permitted by law, be liable for any damage suffered or loss incurred by reason of any acts or omissions of the deliverer, its directors, employees, sub-contractors, agents, representatives and/or affiliates.

4. Refunds and returns policy
If you are for any reason dissatisfied with an item purchased from our Website you may contact us for a full refund, replacement or exchange. For hygiene reasons underwear (excluding bras) and earrings for pierced ears may not be returned or exchanged. Gift cards purchased will not be refunded.
Cancellation If for any reason you would like to cancel an order this may be done by visiting our Website or by contacting our Customer Services Centre. You will only be able to cancel orders up to midnight on the day prior to the date of delivery. Cancellation of orders are subject to a 10% administration fee (10% of the purchase price). We reserve the right to debit your payment card for the delivery fees in respect of any late cancellations. If you cancel your payment for any reason or if your payment card should cease to be valid for whatever reason, you will nevertheless be bound to pay to the full purchase price, including all costs incurred by us relating to the recovery thereof. Without prejudice to any other rights or remedies in law, we reserve the right to cancel forthwith any sale and/or your registration in the event of your breach any of the Terms.

Risk and ownership: Risk in the products shall pass to you or your authorized representative on delivery. We will retain ownership in the products until payment has been received in full.
Perishables and Groceries A CUSTOMER’S TILL SLIP IS THEIR GUARANTEE. Gocery will gladly refund perishable goods should customers not be satisfied with the quality thereof, within the product’s Expiry date and if is in its original packaging. Should a product be defective, please inform the call centre so that the product can be collected. You purchase receipt will be provided to you via email or can be downloaded from your profile on the Gocery website. No returns/refunds/exchanges on cigarettes. Perishable items cannot be returned due to the fact that a customer had a change of mind in respect of the particular purchased item, this is due to public and food safety regulations.
Clothing: A customer’s till slip is their guarantee. Gocery will gladly refund or exchange clothing items, within a reasonable period of time, should you not be satisfied with the quality thereof.
A customer has a general right to return good (a ‘cooling off period’) within 10(ten) business days after delivery, without penalty, should the product be unsatisfactory or incorrect. The customer will be liable for the costs of returning the goods, should it relate to a change of mind purchase. Refunds will be finalised within 7 business days.
Returned goods must be:

  • In its original packaging; and
  • In its original condition Certain conditions and exemptions apply. No returns will be accepted if:
  • Goods have been altered in any way; and
  • There is a health risk attached
  • Due to public and food safety regulations.

5. Consumer Protection Act (CPA)
At Gocery, our customers have always been our first priority. We continue to support our customers and are committed to protecting the consumer. Gocery acknowledges and supports the spirit of the Consumer Protection Act. The Company’s mission is consumerism – which in simple terms means to interpret and satisfy customers’ needs by selling quality products at competitive prices, and providing courteous services.

Gocery has always and will always put the consumer first, and strive to uphold the principles of the Consumer Protection Act in all our dealings with our customers. As a consumer you should know and understand what the Consumer Protection Act aims to achieve, what your rights are as a consumer, and how and where to address your concerns. What is the Consumer Protection Act? The act aims to:

  • Promote a fair, accessible and sustainable marketplace for consumer products and services.
  • Establish national norms and standards to ensure consumer protection.
  • Make provision for improved standards of consumer information, to prohibit unfair marketing and business practices.
  • Promote reasonable consumer behaviour.
  • Promote a consistent legislative and enforcement framework relating to transactions and agreements.
  • Establish the national consumer commission.
  • Replace, in a new and easier manner, provisions from various acts, including the Consumer Affairs Act, Trade Practices Act, Sales and Service Matters Act, Price Control Act and Merchandise Marks Act.

What are the consumer’s rights? The act has reinforced 9 rights for the consumer:

  • Your right to equality in the consumer market and protection against discriminatory marketing practices
  • Your right to privacy
  • Your right to choose
  • Your right to disclosure of information
  • Your right to fair and responsible marketing
  • Your right to fair and honest dealing
  • Your right to fair, just and reasonable terms and conditions
  • Your right to fair value, good quality and safety and
  • Your right to accountability by suppliers We appreciate your feedback. Your comments, whether good or bad, give us an opportunity to grow and improve, identify your needs and expectations, and strive to exceed those expectations daily.

Should you wish to contact us we have a number of channels that you can use to let us know how you feel about your experience within any of our stores. We promise to address your concerns as efficiently as possible, in a professional manner.

Gocery would like to thank you, our customers, for the continued support, and we look forward to serving you into the next decade. How to address your concerns with Gocery There are a number of ways you can contact us:

  • Call the Gocery Contact on (+27) 0724129113
  • Contact Gocery call centre via e-mail on info@gocery.co.za
  • Contact us on our website www.gocery.co.za
  • Comment on our Facebook wall: www.facebook.com/Gocery
  • Follow us via Twitter and send a message: www.twitter.com/Gocery (username: @gocery_online)

Greater detail for each route is provided below:

  • Call the Gocery contact on (+27) 0724129113
  • An agent will take down all your details necessary to escalate your complaint to the necessary management person, who will address your concerns and get back to you.
  • The agent will require the following details: Name and surname, Contact numbers (landline and cell if possible), Nature of complaint and full details, Store name and region
  • Should your concern be about a specific product the following information will also be required
  • Product description
  • Bar code / LAN number for in-store fresh departments
  • Best before date
  • Sell by date
  • Batch number
  • Cost of product
  • How many items you purchased
  • Supplier code (where possible)
  • Packaging details (what it looks like and label description)
  • Has the matter been reported to the store?
  • Have you been refunded by the store?
  • Details will be confirmed
  • The agent will explain procedure to customer i.e. call will be escalated
  • A reference number will be provided
  • The manager responsible will call you or a letter will be sent to you.
  • Contact Gocery call centre via e-mail on info@gocery.co.za
  • An agent will read your mail and log your call on the internal system
  • Your details will be escalated to the necessary management person who will address your concerns and will get back to you.
  • The agent will require the following details: Name and surname, Contact numbers (landline and cell if possible), Nature of complaint and full details
  • Should your complaint be about a product the following information will also be required: Product description, Bar code, Best before date, Sell by date, Batch number, Cost of product, How many items you purchased, Supplier code (where possible), Packaging details (what it looks like and label description), Has the matter been reported to the store, Have you been refunded by the store
  • A reference number will be provided and e-mailed back to you with a standard letter acknowledging your concerns.
  • The manager responsible will call you or a letter will be sent to you.
  • Contact us on our website
  • Log onto www.gocery.co.za and click on the contact us tab at the bottom top of the page. This will take you to a form where you can fill in all your details and your query. Hit the submit button and this will be forwarded according to your selections.
  • A Gocery representative will call or e-mail you back as soon as possible.

6. Merchant services
Payment options accepted Payment may be made via Visa, MasterCard, Secure Instant EFT, Masterpass, Visa Checkout, Secure Instant Electronic Funds Transfer or by bank transfer upon request
Card acquiring and security: Card transactions will be acquired for Gocery via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
Customer details separate from card details Customer details will be stored by Gocery separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.
Merchant Outlet country and transaction currency: The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
Responsibility: Gocery takes responsibility relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.

Indemnity: Gocery will not be held responsible for any loss or damage suffered by a customer as a result of any negligence,theft or loss suffered as a consequence of the conduct of the Merchant service provider or any of its employees,contractors or agents.