Terms of service

OVERVIEW

This website is operated by Spencer®. Throughout the site, the terms "we", "us" and "our" refer to Spencer®. Spencer® offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

Our store is hosted on Shopify Inc., which provides us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your province or region of residence, or that you are the age of majority and have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information) may be transferred unencrypted and involve transmissions over various networks and changes to conform to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.
Spencer® shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS AND SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to our Returns and Refunds Policy as outlined below.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your device's display of any colour will be accurate.

We reserve the right to limit the sales of our products or Services to any person, geographic region or jurisdiction. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time.

SECTION 6 – RETURNS AND REFUNDS POLICY

Spencer® is committed to quality in everything we do. We partner exclusively with top-tier suppliers and roasteries to ensure that every product we offer meets our high standard of quality. All products undergo thorough quality control so that only the best reaches our customers.

No Returns on Coffee Beans and Perishable Products

Due to the perishable and consumable nature of our coffee beans and other perishable food and beverage products, we do not accept any returns or exchanges on these items. All sales of coffee beans and perishables are final.

We work with the top suppliers and roasteries to bring you the best quality, and all products are quality-controlled to ensure only the best reaches our customers. If you believe you have received a product that is defective, damaged, or incorrectly supplied, please contact us within 24 hours of collection at info@spencercafe.store or call 071 768 9611. We will assess each matter on a case-by-case basis.

For non-perishable merchandise (such as branded merchandise or equipment), please contact us within 7 days of collection for return or exchange queries.

SECTION 7 – CLICK AND COLLECT SERVICE

Spencer®'s primary online offering is our Click & Collect service. This allows customers to browse, select and pay for products online through our website at spencercafe.store, and then collect their order in person at our coffee bar.

How Click & Collect Works

Browse our products online and add your chosen items to the cart.
Proceed to checkout and complete payment securely online via our Shopify-powered store.
You will receive an order confirmation email once your payment has been successfully processed.
A second notification will be sent to you when your order is ready for collection.
Bring your order confirmation (digital or printed) to our coffee bar to collect your order.

Collection Location & Hours

Spencer® Coffee Bar

Address: 9 Spencer Rd, Salt River, Cape Town, 7925

Phone: 071 768 9611

Collection Hours:

Monday – Thursday: 7:00 AM – 4:00 PM
Friday: 7:00 AM – 4:00 PM
Saturday: 8:00 AM – 2:00 PM
Sunday: Closed

Note: Hours may differ on public holidays. Please check our website or contact us for updated hours.

Collection Terms

Orders must be collected within 48 hours of receiving your "Ready for Collection" notification.
Orders not collected within this period may be forfeited without a refund, particularly for perishable items.
The person collecting the order must present valid proof of purchase (order confirmation email or order number).
We reserve the right to request photo identification to verify the order belongs to the presenting party.
Spencer® is not responsible for any orders collected by an unauthorised third party if the order confirmation has been shared.
We do not offer delivery at this time. Orders are available for in-store collection only.

Order Cancellations

If you wish to cancel your order, you must notify us at info@spencercafe.store or call 071 768 9611 at least 2 hours before your intended collection time. Cancellations of perishable products may not be eligible for refunds once preparation has commenced. We will review cancellation requests on a case-by-case basis.

SECTION 8 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or phone number provided at the time the order was made.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and payment details, so that we can complete your transactions and contact you as needed.

SECTION 9 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

SECTION 10 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of third-party sites, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites.

SECTION 11 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send us creative ideas, suggestions, proposals, or other materials, whether online, by email, or otherwise (collectively, "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, or other personal or proprietary right. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 12 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. Spencer® collects and processes personal information in compliance with the Protection of Personal Information Act (POPIA) of South Africa. To view our Privacy Policy, please visit our website or contact us at info@spencercafe.store.

SECTION 13 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service is inaccurate at any time without prior notice (including after you have submitted your order).

SECTION 14 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

For any unlawful purpose or to solicit others to perform or participate in any unlawful acts;
To violate any international, federal, provincial or local regulations, rules, laws, or ordinances;
To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
To submit false or misleading information;
To upload or transmit viruses or any other type of malicious code;
To collect or track the personal information of others;
To spam, phish, pharm, pretext, spider, crawl, or scrape;
To interfere with or circumvent the security features of the Service or any related website.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 15 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are provided "as is" and "as available" for your use, without any representation, warranties or conditions of any kind, either express or implied.

In no case shall Spencer®, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages arising from your use of any of the service or any products procured using the service.

SECTION 16 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Spencer® and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or your violation of any law or the rights of a third-party.

SECTION 17 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 18 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination.

SECTION 19 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Republic of South Africa, specifically including the Consumer Protection Act 68 of 2008, the Electronic Communications and Transactions Act 25 of 2002, and the Protection of Personal Information Act 4 of 2013 (POPIA).

SECTION 20 – ENTIRE AGREEMENT

These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us.

SECTION 21 – CHANGES TO TERMS OF SERVICE

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website at spencercafe.store. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 22 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at:

Spencer®