Terms & Conditions

THESE TERMS OF USE AND CONDITIONS OF SALE FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND THE COMPANY (AS DEFINED BELOW) (“TERMS AND CONDITIONS”) AND SHOULD BE READ CAREFULLY.

IF YOU ARE ENTERING INTO THESE TERMS AND CONDITIONS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” OR “USER” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES.

THIS AGREEMENT GOVERNS YOUR USE OF AND ACCESS TO THE WEBSITE LOCATED AT HTTPS://EVERGREEN-ESSENTIALS.CO.ZA AND ALL SUB-PAGES (“WEBSITE”), AND YOUR ACCEPTANCE OF ANY PRODUCTS OFFERED VIA THIS WEBSITE (“PRODUCT”). YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OLD TO ENTER INTO ANY TRANSACTION WITH THE COMPANY.

THROUGH CLICKING A BOX INDICATING YOUR ACCEPTANCE ON THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND TO THESE TERMS AND CONDITIONS.

YOU ACCEPT THE TERMS AND CONDITIONS CONTAINED IN THIS DOCUMENT IN FULL IF YOU USE THIS WEBSITE OR ENTER INTO ANY TRANSACTION WITH THE COMPANY. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS AND OTHER POSTED POLICIES THEN DO NOT USE THIS WEBSITE, DO NOT PROVIDE ANY INFORMATION TO THIS WEBSITE, AND DO NOT ENTER INTO ANY TRANSACTIONS ON THE WEBSITE AND YOU SHOULD EXIT THE WEBSITE IMMEDIATELY.

1. INTRODUCTION

The terms “We”, “Us”, and “Our” or “the Company” refer to Evergreen Essentials (Pty) Limited. The terms “You”, “Your” refers to the user/person accessing this Website.

These terms and conditions, as well as any additional terms, conditions and covenants referenced in or made available by hyperlink in this document (collectively, these “Terms” or this “Agreement”), govern Your use of and access to this Website. This Agreement is intended to be governed by the Consumer Protection Act 68 of 2008 (“CPA”) and the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”). By merely accessing/visiting Our Website and/or transacting with Us in respect of the Products on this Website, whether You have read these terms or not, You agree to be bound by these Terms It is suggested that You print this form for Your personal records.

Company reserves the right to revise, amend, or modify this policy and Our other policies and agreements related to the Website at any time and in any manner, without prior notice to You. Accordingly, You should periodically check this page for any modifications of these Terms. By accessing, using or ordering products through the Website, You affirm that You have read this Agreement and understand, agree and consent to all Terms contained herein. You further agree not to use or access Website if doing so would violate the laws of Your state, province or country. At the bottom of this page appears a “last modified” date. If the “last modified” date remains unchanged, then You may presume that no changes have been made since the “last modified” date. A changed “last modified” dates indicates that this document has been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting.

CONSUMER PROTECTION ACT

These Terms may apply to users who are consumers for purposes for the CPA.

These Terms contain provisions that appear in similar text and style to this sub-clause and which:

• may limit the risk or liability of the Company; and/or
• may create risk or liability for you; and/or
• may compel you to indemnify the Company; and/or
• serves as an acknowledgement by you of a fact,

of which we wish to particularly draw your attention.

Nothing in these Terms is intended or must be understood to unlawfully restrict or limit any right or obligation, as the case may be, created for either you or the Company in terms of the CPA.

IF THERE IS ANY PROVISION OF THESE TERMS AND CONDITIONS THAT YOU DO NOT UNDERSTAND, IT IS YOUR RESPONSIBILITY TO REQUEST CLARIFICATION FROM THE COMPANY BEFORE YOU ACCEPT THESE TERMS AND CONDITIONS OR CONTINUE USING THE WEBSITE.

Questions? E-mail us at [email protected].

2. CANCELLATION, SHIPPING AND RETURN POLICIES

2.1. How to Cancel Your Order

You can cancel at any time by contacting our customer care simply by emailing to: [email protected]. . Please ensure you email us at least 1 (ONE) business day prior to your next rebill date to cancel your participation in the Program. Thereafter: No commitments.

Your request for cancellation by phone will be processed immediately; However You will be responsible for payment of any Product that has either already been shipped to You or that has already been delivered to You at the time of Your request for cancellation.

2.2 Shipping Time & Costs

Your order will be processed within 1 to 3 business days. Delivery time is estimated to be 3 to 5 business days. If you experience delays in the delivery, You may contact our Customer Care department at [email protected]. . See also our Delivery Terms at 4 below.

The costs of delivery (courier costs) will be calculated at the time of completion of an order and will be charged over and above the price of the products

2.3 Return and Exchanges Policy

If You are not satisfied with the Product for any reason, simply contact Us within 30 days of placing your order. Please allow 3 to 7 business days for any refunds to be processed and to be reflected in your bank account. After the 30 days, all sales are final and no returns will be accepted for a refund, or an exchange.

To be eligible for a return of Product, Your Products must be unused and in the same condition that You received it in. It must also be in the original packaging. Several types of Products are exempt from being returned. Perishable goods cannot be returned. We also do not accept the return of products that are intimate or sanitary goods, hazardous materials, or flammable gases or liquids. To complete your return, We require a receipt of proof of purchase.

Returning defective or damaged products: In the event that you’ve received a product with a defect or fault, the Company will replace the exact product at no additional cost to you. Where a replacement product is not available, your account will be credited for the amount of that product. The defective or damaged product must be returned to the Company by you within 10 (ten) business days. Such returns will be at the Company’s risk and expense.

If the product is found to be defective or faulty at any stage- up to a period of 6 months after delivery to you, the Company will, at its expense, replace your product.

If the product is found not to be defective or damaged, you will not be entitled to any replacement or credit, but will instead be liable for the costs incurred in having such a product returned to the Company and then redelivered to you.

The following will not be regarded as defects and will not entitle you to any replacement or credit in terms of the above clause –

• faults resulting from normal wear and tear; and
• damage arising from incorrect usage of the product.

Certain products may come with a supplier’s warranty in excess of the Company’s warranty. If so, this will be stated in the product listing on the Website. If the product you received is found to be damaged or defective, and it is within the supplier warranty period, we will replace the product at our expense, or process an account credit if a replacement product is not available.

Once your return is received and inspected by Us, We will notify you of the approval or rejection of your refund. If You are approved for a refund, then the refund will proceed and a credit will be applied to your credit card or original method of payment. You will be responsible to pay the shipping and handling charges relating to the return of the Product to Us. Shipping and Handling costs are non-refundable. The cost of return shipping will be deducted from your refund and You authorize Us to bill the credit card on file for this amount. However, if You have encountered an error in Your order Company may, at its discretion, refund Your Shipping and Handling. If You suspect any errors in your order, please contact Our Customer Care immediately at [email protected]. .

We are not responsible for lost or stolen items. We recommend all returned items to be sent using a reputable third party delivery company with and confirmation and tracking system to ensure proper delivery.

Your Billing Information: You must provide current, complete, and accurate information for your billing account. You are responsible for ensuring this information is correct and must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify us if your credit card information is canceled or is no longer valid (for example, for loss or theft). Changes to such information can be made by calling a customer service representative at [email protected]. . We reserve the right to refuse or discontinue the supply of the Product to any user at any time at our sole discretion

Our Right to Refuse: 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. These restrictions include orders placed by or under the same customer account, the same credit card and/or orders using the same billing and/or shipping address. In the event that We make a change or cancel an order, We may attempt to notify You by contacting the e-mail address and/or billing address or phone number provided at the time that the order was made. We reserve the right to limit or prohibit (but we shall not be obliged) order that, in Our sole judgment and discretion appear to be placed by dealers, resellers or distributors.

3. DELIVERY TERMS

When we deliver the Product to You, courier services will be used. You may select from the delivery options available on the site (if any). We will make Your shipment our priority and ship Your package out the same day for all orders placed before 1PM SAST (South African Standard Time) and the next day for all orders placed after 1PM GMST (packages should arrive within 3 to 5 business days). Please note that shipments are not sent out on Saturdays, Sundays, or any Public Holidays. We do not guarantee arrival dates or times and shall not be responsible for delays that caused by any circumstances outside of our control. We do not refund or credit shipping charges.

If you experience delays in the delivery, you may contact our Customer Care Department at [email protected]. . Reasonable requests are normally granted, but this decision remains at the sole discretion of the Company. The Company does not refund or credit shipping or processing charges for any automatic shipments.

4. BILLING ERRORS

If you believe that You have been billed in error, please notify Our Customer Care Department at [email protected]. immediately. If We do not hear from You within 15 days after such billing error first appears on any account statement, the billing will be deemed accepted by You for all purposes, including resolution of inquiries made by Your credit card issuer. You are deemed to have released Company from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to Company within fourteen (14) days of its appearance on Your credit card account statement.

5. REJECTION, DAMAGE OR LOSS IN TRANSIT

We shall not be liable and You shall not be entitled to reject Product delivery, except for damage to the Product or any part thereof occurring in transit (where the Product is carried by Our own transport or by a carrier on our behalf), and where we are notified of such damage within 5 business days of your receipt of the Product.

6. REPRESENTATIONS; DISCLAIMERS

It is our Company mission to provide our customers with the finest Products available. We believe in the efficacy of the Products we sell. You understand, however, that the statements on the Website, promotional materials and the Product itself have not been evaluated or certified in terms of any regulations, and the Product is not intended to diagnose, treat, cure or prevent any disease or disorder. The information provided by our Websites or by us is not a substitute for a face-to-face consultation with your health care professional and should not in any way be construed as individual medical advice. Individual results will vary. We want You to have the most accurate information concerning the Product. The information we communicate to You about the Product and/or its efficacy is obtained from independent third parties such as educational institutions, scientific and news articles and agencies, nutritional specialists, scientific reports and researchers (“Information Sources”). We do not warrant or represent that Information Sources are not error-free, nor do we warrant any Information Source or the methods that they use to arrive at their conclusions. All Product specifications, performance data and other information on our Websites are for informational and illustrative purposes only, and do not constitute a guarantee or representation that the Product will conform to such specifications or performance data.

We do not guarantee that You will have any specific or particular result or benefit from the Product, or that Your experience will match those of others who use the Product. Individual results will vary from person to person.

We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as a 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 Website is at your own risk. This Website may contain certain historical information. Historical information is provided for general information only, is not current and is provided for Your reference only. We reserve the right to modify the contents of this site at any time.

7. YOUR REPRESENTATIONS

You represent that You are at least 18 years of age and that You will not permit a person under 18 to order, or use, the Product/s.

YOU ACKNOWLEDGE THAT YOU UNDERSTAND THE BASIS OF THE TRANSACTION BEING A FREE TRIAL FOLLOWED BY AUTOMATIC SUBSCRIPTION BILLING FOR THE PRODUCTS, UNLESS CANCELLED BY YOU IN ACCORDANCE WITH OUR CANCELLATION TERMS.

You represent that the information provided by You when placing Your order is up-to-date, materially accurate and sufficient for us to fulfill Your order in a timely and efficient manner. Unless agreed otherwise or required by applicable law, any warranties provided in relation to the Product only extend to You on the understanding that You are a user, and not a reseller, of the Product. You shall not re-sell, re-distribute or export any Product that You order from the Website.

You agree to pay for the Product and any taxes, shipping or handling of Product as such costs are specified by us on the Website when you submit your purchase order. Payment shall be made prior to delivery and by such methods as indicated on the Website (and not by any other means unless we have given our prior consent to such alternative payment methods).

8. ARBITRATION AGREEMENT, CLASS ACTION WAIVER AND APPLICABLE LAW

You and Company agree that any dispute between us (including disputes against any agent, employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other) relating to Our Website, the services provided through Our Website, any transaction or relationship between us resulting from Your use of Our Website, communications between us, or the purchase, order, and/or the use of Our products, will be resolved exclusively and finally by binding arbitration and the arbitration decision may be enforced and judgment entered thereon in any court of competent jurisdiction. You and Company agree that this arbitration agreement is made pursuant to and shall be governed by the rules of the Arbitration Foundation of South Africa (“AFSA”). You and Company further agree that any determination regarding the applicability, enforceability, or validity of this arbitration agreement will be made by the arbitrator, not by any court.

These Terms and the sale and use of the Products will be governed by and construed in accordance with the laws of the Republic of South Africa (without regard for any conflict of laws principles)

YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU MAY ONLY BRING CLAIMS AGAINST THE COMPANY AND NOT ANY OF ITS AGENTS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND/OR ASSIGNS. ANY CLAIMS BROUGHT MAY ONLY BE DONE IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MUST TELL US IN WRITING, NOT USE OUR PRODUCT OR WEBSITE, AND RETURN THE PRODUCT FOR A REFUND WITHIN 15 DAYS OF YOUR FIRST ORDER OF THE PRODUCT.

9. LIABILITY LIMITATION