For the purposes of the following Terms and Conditions, the term "Websites" or "PnP.co.za" will refer to the following online properties of Pick n Pay; including any URLs that redirect to said domains:
Welcome to PnP.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 websites and any products or services that may you may order and purchase online.
Please read the rules carefully. Use of and/or registration on any aspect of PnP.co.za will constitute your agreement to comply with these rules and to the Terms and Conditions. If you cannot agree with these rules or Terms and Conditions, please do not use these Websites.
If you have any questions regarding our Websites, the Terms and Conditions, products or services, please click here.
By providing your personal information to us, you agree to be bound by our Privacy Statement which forms part of our agreement with you.
In the event you wish to exit from the Online Shopping program or mange your preferences, please contact our Online Shopping Team by completing the customer contact form, logon to your Online Shopping profile, or contact the PnP Customer Care Line, at 0860 303030.
Any abuse of or fraudulent activity perpetrated via Online Shopping constitutes a criminal offence and PnP reserves the right to cancel such person’s Online Shopping profile. PnP will also inform the appropriate authorities in this regard.
PnP does not sell goods to minors under the age of 18 (eighteen). PnP, its organisers, promoters, partners and agencies do not bear any responsibility or liability for any loss, damage, injury, accident, and death or asset damage howsoever arising from inclusion or participation with the Online Shopping service.
It is your responsibility to ensure that you keep your Online Shopping profile’s username and password safe and secure.
The PnP.co.za Websites are owned and operated by Pick n Pay Retailers (Pty) Ltd ("Pick n Pay", "we", "us" or "our"), a company registered in the Republic of South Africa under company registration number 1973/004739/07, which has its registered office at 101 Rosmead Avenue, Kenilworth, 7708, Cape Town. Pick n Pay Retailers (Pty) Ltd is a subsidiary of Pick n Pay Stores Ltd, a public company listed on the Johannesburg Stock Exchange. The Websites are provided to you free of charge for your personal use subject to these Terms and Conditions and our Privacy Statement. All rights and/or defences afforded to us in these Terms shall stand to the benefit of our group companies.
These Terms and Conditions apply to your use of these Websites. By using these Websites, you acknowledge that you have read and understood these Terms and Conditions 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. By accessing these Websites and/or placing an order or requesting a delivery you agree to be bound by the Terms and Conditions set out below. Please do not use our Websites if you do not agree to be bound by these Terms. Online purchases from our Websites are subject to these Terms and Conditions. Any questions regarding these Terms and Conditions or subsequent issues should be directed to: Pick n Pay Online Shopping, 101 Rosmead Avenue, Kenilworth, 7708, Cape Town. Alternatively you may also contact us here. Please read these Terms and Conditions carefully and print and keep a copy of them for your reference.
We may periodically update or change the Terms and Conditions without notice. You should check them from time to time, as your continued use of our Websites will mean you accept any updated or revised Terms and Conditions. The date from which the current set of Terms and Conditions came into effect is included within the Terms and Conditions.
Do not assume that the same Terms and Conditions will apply to future orders or delivery requests. We reserve the right to:
Modify or withdraw, temporarily or permanently, these Websites (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Websites.
Change the Terms and Conditions from time to time, and your continued use of the Websites (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms and Conditions have been changed. If you do not agree to any change to the Terms and Conditions then you must immediately stop using the Websites.
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 Cape Town at a venue to be determined by us applying the Uniform Rules of the High Court of South Africa.
Unless stated to the contrary on these Websites, the goods and services supplied in accordance with any contract made through these Websites are supplied by Pick n Pay. As part of our delivery service we may engage the use of 3rd party delivery providers to fulfil services on our behalf. We may also sell products and services on behalf of 3rd parties, but these will be clearly indicated as such. Where no indication is given, the supplier is deemed to be Pick n Pay.
Home delivery and "Click n Collect" orders placed by using these Websites, along with access to them, are granted strictly in accordance with these Terms and Conditions.
Pick n Pay has taken every care in the preparation of the content of these Websites. However, to the extent permitted by applicable law, Pick n Pay does not represent or warrant the accuracy or reliability of any of the information or content about any goods or services, software or advertisements (together, the "Materials") contained on, distributed through, or linked, downloaded or accessed from these Websites.
To the fullest extent permitted by applicable laws, Pick n Pay hereby excludes liability for any claims, losses, demands, or damages of any kind whatsoever with respect to the Websites or the Materials including, without limitation, direct, indirect, incidental, or consequential losses, or damages, whether arising from loss of profits, loss of revenue, loss of data, loss of use or otherwise and whether or not the possibility of such loss has been notified to Pick n Pay. The foregoing will apply whether such claims, loss or damages arise in tort, contract, negligence, under statute or otherwise. However, if you are a consumer your statutory rights are not affected.
You are welcome to browse or use our Websites for your own personal, non-commercial 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 the Websites, the uploading of any unlawful or damaging information or viral software, is strictly prohibited.
Unless otherwise specified, the Websites are intended for your personal use only. You may not authorise others to use the Websites, and you are responsible for all use of the Websites by you and by those you allow to use, or provide access to, the Websites. You may not impersonate, imitate or pretend to be somebody else when using the Websites.
You may not provide to or post on or through the Websites 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 Websites 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 Websites.
You agree not to use any sexually explicit language or to provide to or post on or through the Websites 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 Websites 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 Websites 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 Websites 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 Websites 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 Websites, 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 Websites and the advertising thereon ("the Websites Content").
The Websites Content is protected by copyright, trade mark and other intellectual property laws and is the property of Pick n Pay 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 Websites 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 Websites except as permitted by statute or expressly permitted in writing by this Agreement or the Websites.
You agree not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Websites or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the Websites.
You may not interfere with any other persons use or enjoyment of the Websites. You may not breach any laws concerning the use of public telecommunications networks or interfere or disrupt networks or other websites connected to the Websites.
Other than connecting to 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 Websites or otherwise.
You acknowledge that Pick n Pay and its third party service providers have not reviewed and do not endorse the content of all sites linked to and from these Websites, and are not responsible for the content or actions of any sites linked to or from these Websites. Linking to any service or site is at your sole risk.
You agree to indemnify Pick n Pay against any loss, damage, harm, claim or any other cost whatsoever that we may sustain as a result of your use of our Websites and/or its contents contrary to these Terms.
We reserve the right to suspend our Websites or any part thereof or terminate your account at any time if we, in our sole discretion, determine that you are not using the Websites 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.
All reasonable steps are taken to ensure that information on our Websites 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. If you wish to make investment decisions regarding the Pick n Pay group of companies, kindly consult your stockbroker or financial adviser.
Certain links on these Websites will lead to other websites which are not under the control of Pick n Pay. When any of these links are activated you will leave the Pick n Pay Websites and Pick n Pay has no control over and will not accept responsibility, or liability, for any content, material or service contained on any website which is not under the control of Pick n Pay nor does the existence of such links represent any endorsement or other acceptance of responsibility or liability by Pick n Pay for any goods or services provided or available on such sites.
Pick n Pay makes no representations, or warranties, in respect of any endeavour by it to review the content of websites to which it provides links or anywhere else in the service, or any of the materials and accordingly Pick n Pay accepts no responsibility whatsoever for the accuracy, copyright compliance, legality or decency of any information, material or other content contained in websites listed on the service or in any materials nor warrants nor endorses any advertising of third parties carried on the service nor though the provision of links to that carried on other websites.
PnP.co.za aims to include links to other websites that provide relevant and useful information for people interested in topics related, but not limited to, Pick n Pay's general activities. We do not link to individual personal websites and will not knowingly provide links to sites that contain illegal, offensive or misleading information. Where an organisation has regional or local services and associated websites, we will link to their national website.
Wherever possible we aim to link to SA-based websites to ensure information is appropriate and relevant to our customers. Links will be provided at the discretion of www.pnp.co.za.
You do not need to request permission to create a text link from your website to PnP.co.za. If you would like to use a graphic or logo alongside a link, please contact us here.
All information or content transmitted by online invitations, e-cards, or other mechanisms provided for, by or through the Pick n Pay Websites are the responsibility of you, the sender. You confirm that by using these services you will not transmit any material which could be considered offensive, obscene or otherwise objectionable. Pick n Pay cannot be held liable either directly or indirectly for the content of any customer content distribution mechanism, nor for any loss nor damage of any kind which you may incur as the result of your use of this service. You hereby agree to indemnify Pick n Pay for any such loss which may have occurred.
Advertising and other promotional material of third parties may appear on our Websites from time to time. We do not endorse such third parties or their products and/or services. Advertisers and Sponsors are responsible for ensuring that material submitted for inclusion on our Websites complies with relevant laws and codes. We will not be responsible for any error or inaccuracy in advertising and sponsorship material. Your reliance on any information contained in such material is entirely at your own risk. Should you wish to advertise or sponsor on our Websites, please contact us here.
Use of our Websites 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 Websites will be uninterrupted or error free, or that the Websites or the servers that makes them 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 Websites 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 Websites and/or your purchase of any products or services and including the use of any delivery 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 these Websites.
Pick n Pay will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Websites. If Pick n Pay is informed of any inaccuracies in the material on the Site we will attempt to correct the inaccuracies as soon as we reasonably can.
In particular, we disclaim all liabilities in connection with the following:
incompatibility of the Websites with any of your equipment, software or telecommunications links;
technical problems including errors or interruptions of the Websites;
unsuitability, unreliability or inaccuracy of the Websites;
inadequacy of the site to meet your requirements.
Nothing in this paragraph applies to Pick n Pay's liability in respect of products sold through the online channel.
You hereby indemnify Pick n Pay 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 lawyer-client scale) which may arise from your submissions, from your unauthorised use of material obtained through the Websites, or from your breach of this Agreement, or from any such acts through your use of the Websites.
All rights, including copyright, trade mark and other intellectual property rights embodied in any logos, text, images, video, audio or other material on these Websites are owned by or licensed to us. All data and information communicated to or from the Websites including its database 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 Websites. 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 Websites, including these Terms and Conditions, solely for your personal, lawful, non-commercial use. Unauthorised use, reproduction, modification and/or distribution is strictly prohibited and constitutes an unlawful infringement of our intellectual property rights. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Websites without written permission from Pick n Pay.
Customers who are not resident in South Africa are welcome to use our Websites in accordance with these Terms and Conditions to make online purchases provided that the delivery address is in South Africa or the authorised collection agent is in South Africa.
Pick n Pay makes no promise that materials on the Websites are appropriate or available for use in locations outside the Republic of South Africa, and accessing the Websites from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the Republic of South Africa, you do on your own initiative and are responsible for compliance with local laws.
We would like to keep you up to date with a range of products and services provided by Pick n Pay. This includes news of special events, promotions, product launches and catalogues. Click here to opt in to receive our newsletters and other related marketing material. Should you already have opted in, you are free to opt out of receiving our marketing material at any stage by clicking here. It may take up to one calendar month for your profile to be updated.
We are constantly looking for ways to improve our service; we may therefore occasionally contact you for purposes related to a specific product you have purchased from us or a service we have provided to you. For the avoidance of doubt, this includes the use of the Websites, the delivery service and the Click n Collect service. We may contact you by post, telephone, SMS text messaging and/or email.
By accepting these Terms and Conditions you agree to receive service related communications from us.
We value your comments, ideas, suggestions and feedback ("your Comments") via our Websites. 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.
Pick n Pay does not necessarily endorse, support, sanction, encourage, verify or agree with the comments, opinions or statements posted on reviews, forums, blogs, social media platforms or otherwise contained in our Websites. 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 Pick n Pay or its third party service providers. You agree that Pick n Pay 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.
You are not permitted to use the content of our Websites, our logos or any product or other images that appear on our Websites without our prior written consent. Unauthorised use, reproduction, modification and/or distribution is strictly prohibited and constitutes an infringement of our, or our licensors', intellectual property rights.
Although PnP.co.za aims to offer you the best service possible, we make no promise that the services or availability of our Websites will meet your requirements. Pick n Pay cannot guarantee that the service will be fault or interruption free. If a fault or interruption occurs in the service you should report it to our Customer Service Centre here, and we will attempt to correct the fault as soon as we reasonably can.
Your access to the Websites may occasionally be restricted or stopped to allow for repairs, maintenance or the introduction of new facilities or services. These scheduled outages will normally take place outside of peak hours. Pick n Pay will always attempt to restore the service as soon as it reasonably can.
You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
If you breach these Terms and Conditions and Pick n Pay ignores this, Pick n Pay will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
Pick n Pay shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its control
These online shopping Terms and Conditions apply to all purchases ordered online through our Websites. Please read them carefully and print a copy for future reference.
You are required to register with us before placing your first online shopping order. You are also required to register to make use of certain functionality which may not include placing an online shopping order. Please click here to complete the registration process. Registration and/or use of our Websites constitute your acceptance and agreement to be bound by the Terms and Conditions of our Websites, including the Terms and Conditions specific to online shopping.
It is your responsibility to ensure that the details provided by you on registration, or at any time, are correct and complete. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details here.
3.2 Passwords and security
When you register to use our Websites you will be asked to create a username and a password. You must keep this password confidential and must not disclose it or share it with anyone. You will be responsible for all activities and orders that occur or are submitted under your username and password. If you know or suspect that someone else knows your password you should notify us immediately by contacting our Customer Service Centre here.
If PnP.co.za has reason to believe that there is likely to be, or has been, a breach of security or misuse of our Websites, we may require you to change your password or we reserve the right to suspend your account without prior notification.
3.3 Creating an order
Orders can only be created through the use of our Websites. No orders by telephone, email, SMS, fax or any other medium will be accepted. For the avoidance of doubt, this condition will apply to our Customer Service Centre and our online shopping fulfilment stores. Please note that the Customer Service Centre may guide you through the process of placing an order, but are unable to place the order on your behalf.
3.4 Accepting your order and creating an electronic contract
The steps required in creating the contract between you and PnP.co.za are as follows:
You will be guided through the process of booking a delivery/collection slot and filling your shopping trolley/basket though a series of simple steps on our Websites;
The final step in placing your order will be by confirming the accuracy of your trolley, your substitution preferences and the associated guide price to be charged to your chosen payment method/s. Your order is confirmed on completion of the check out process;
We will send to you an order acknowledgement email detailing the products you have ordered and any associated delivery or collection information.
The email acknowledgement will present an 'indicative or guide price' only and will be subject to change depending on, but not limited to, the following:
The final price charged will be the in store price (for the store that is delivering your order, or preparing it for in-store collection) on the day your order is successfully placed. This excludes any variable weight items where the quantity chosen on the Website is designated by a weight, and any items requiring substitution these will be priced on the day of invoicing (which is either the day of or the day before delivery);
Your personal picker may weigh loose items like fruit and vegetables or pick pre-packed weighed items like meat, chicken and cheese. The price of weight dependent items may vary in store from that on our Websites, or may be slightly different to the original weight ordered;
Some items in your order may not be available at the time of picking and therefore may need to be substituted (see section 3.7);
If requested, the number of plastic bags used will be added to your order.
Please note that when your order is delivered you may return any item and receive a full refund if you consider that the difference between the final price charged and the guide price shown on the Websites (and in the email order acknowledgement) is not acceptable.
Unless we have notified you that we do not accept your order or you have cancelled it in accordance with the instructions given, our acceptance of an order takes place on dispatch of the order, at which point the purchase contract will be made and you will be charged for your order. Dispatch will occur on the day of delivery, subject to normal operating procedures.
Non-acceptance of an order may be as a result of one of the following, but not limited to:
The product you ordered is not available from stock;
We are unable to obtain authorisation for your payment;
A price or product description error is identified;
You do not meet the eligibility to order criteria set out in the main Terms and Conditions.
The contract will be concluded in English. Details of your specific agreement to the contract will not be filed by Pick n Pay. If you do require any information regarding orders you have placed with Pick n Pay, please contact us here.
All offers are subject to availability and while stocks last.
3.5 Items ordered by weight
Where items are ordered by weight, your personal shopper will endeavour to provide you with an amount as close to the requested weight as possible. The actual amount you receive may exceed or be less than the amount requested. Please note that the price charged will be on the day of invoicing (either the day of or the day before delivery is due) and will be solely based on the actual weight of the item that you received and not the requested weight. Should the amount or the price of the delivered item be unacceptable you may return the item (or items) with the driver for a full refund. Pick n Pay will not be liable for any redelivery or remedy from items returned due to weight or cost differences.
Should the weight on the delivery invoice differ from the actual weight of the product delivered, but the price charged is accurate, Pick n Pay will not be liable for delivery of the weight amount as per the delivery invoice.
3.6 Risk and Ownership of the goods
For the avoidance of doubt, the ownership and risk associated with your goods will be held by Pick n Pay up until the point at which they are signed for at delivery or collection. Any damage, disappearance or theft of goods post delivery or collection, will become the responsibility of the person who placed the order and against whom the contract is binding.
Please note that Pick n Pay cannot be held responsible for orders placed incorrectly on our Websites, even if the error was in good faith. Should an order error be discovered during the delivery process, any items not wanted may be returned with the driver and will be fully refunded. Pick n Pay will not be responsible for delivering the originally intended item unless as part of a new delivery and/or subject to a further delivery charge.
Goods discovered to be damaged or unwanted subsequent to the delivery process may still be returned subject to acceptance by a Pick n Pay store and Pick n Pays returns and refunds policy. For the avoidance of doubt, no collection or delivery service will be provided by Pick n Pay for these returns.
3.7 Stock availability
Only items indicated as available on our Websites can be purchased. Items stocked in stores but not indicated as available on our Websites, do not form part of our catalogue and therefore cannot be ordered. We will not pick or deliver items not available on our Websites even if they are requested through any special instruction available as part of the ordering process.
Due to the fact that we carefully choose your goods in store, we may occasionally run out of stock before we can update our stock availability on the Websites. We endeavour to keep this to a minimum, but provide the facility for you to select different 'substitution' options in the event that we are unable to fulfil your original request (see section 3.8).
Whilst we make every effort to ensure that our stock availability on our Websites is as accurate as possible, from time to time we are unable to locate stock of a product that has been requested. In that situation we offer the following options which are to be selected during the ordering process on the Websites:
you may choose not to receive a substitute and you accept that we will not provide one. There will be no recourse or refund against any charges as a result of not receiving a substitute;
please note that if you provide a substitution request, we will first fulfil as much of the originally requested product as is available, before providing the balance with your chosen substitute. If you would prefer us to provide the full quantity requested in either the original product or the substitute (i.e. not to split the quantities between the original product and the substitute) - you are responsible to provide your personal shopper with special instructions as such, which can be submitted at an individual product level in your shopping trolley;
you may request that your personal shopper uses their discretion to choose an appropriate substitute on your behalf. Please note we cannot vouch for the suitability of a substitute that is selected at the discretion of your personal shopper. We will endeavour to select a suitable substitute in the same price range of the original item ordered, subject to availability. The price of the substitute may exceed or be less than that of the original item, and for the avoidance of doubt, you will be charged the price of the substitute.
Due to the subjective nature of selecting an appropriate discretionary substitute, your remedy, should you find any substitution inappropriate, is limited to returning the item to the driver for a full refund. For the avoidance of doubt, should you not want a particular substitute offered, we will not return with another preferred item to replace the unwanted one. This term extends to any returned items, not just those substituted.
3.9 Special instructions
Special product related shopping instructions can be provided for your personal shopper alongside each product on the My Trolley page. Special delivery related instructions to assist the delivery driver can also be added in the relevant area underneath the product list on the My Trolley page. We will endeavour to meet these instructions subject to them complying with the Terms and Conditions as laid out. However these instructions fall outside of the Contract and we accept no responsibility for them not being met. For the avoidance of doubt we will not accept special instructions on an order relating, but not limited to, the following:
Requesting a product not currently available on our Websites;
Requesting a delivery time outside of the delivery slot booked;
Requesting a specific delivery time within the delivery slot booked;
Requesting a different delivery address to that captured as part of the order placement process;
Requesting updates to any personal profile information or preferences.
3.10 Customer call backs for substitutes
For the avoidance of doubt we will not call you to discuss or ask guidance for any out of stock items that require substitutes. You accept to use the substitution options as described in section 3.8. Should the substitute not be acceptable, you may return it to the driver, alongside any other unwanted items from your online shopping order, for a full refund.
3.11 Where we deliver to and restrictions thereof
The delivery service is available in restricted areas as offered on our Websites. From time to time, and with no prior warning, we will update the delivery coverage areas. Whilst we endeavour to expand our coverage, we reserve the right to restrict deliveries in certain areas, including areas previously covered by our service.
The Websites will also reflect the availability of a delivery within a specific time slot. The deliveries are booked on a first come, first served basis. Upon reaching the delivery capacity, a slot will be marked as unavailable and you will not be able to book a delivery for that particular slot.
We also reserve the right to withdraw our services to individual customers' addresses subject, but not limited, to the following:
Dangerous delivery conditions that pose a health and safety risk for our delivery drivers and/or any assistant;
Unavailability of free suitable, and legal, parking and offloading space;
Excessive distance between the vehicle offload point and the final customer handover point, including any unreasonable requirement or expectation to climb stairs or negotiate other physical obstacles;
Repeated unavailability of an authorised signatory to take delivery;
Repeat and excessive returns that misuse the reasonable nature of the service;
Repeat and/or excessive short supply or damage claims for which responsibility or liability cannot be determined.
Should we not deliver to your area and you would like us to - please submit your location to us here and we will contact you when/if we are able to extend coverage to your area.
We cannot accept responsibility for the provision of an incorrect delivery address. We will deliver to the address provided at point of order submission. This delivery address is clearly displayed throughout the online shopping experience and can easily be changed at any point up until final payment confirmation. Should we be unable to deliver due to the provision of an incorrect delivery address, all the Terms and Conditions applicable to 3.13 will apply.
3.12 Selection of a fulfillment store
The stock made available to you on our Websites is determined by the store from where your order will be picked by your personal shopper. The store from where your order will be picked is based upon your delivery address and not your registered address, although these may be the same address. You accept that this allocation is made automatically and cannot be changed even if requested. You are welcome to contact us here should you not be satisfied with your fulfilment store.
3.13 The delivery process, including where you cannot be present
Delivery times offered will vary according to the store from which your delivery will be picked and distributed. At the point at which you place your order, the full list of available delivery times will be shown - this is based upon your delivery address, which may be different from you registration address.
The driver will bring the shopping to the door of your premises or business only, where you will be responsible to check your goods, agree with the driver the annotation of any returns on the invoice and sign the invoice to accept the delivery.
Only at your express invitation and risk, the driver can be requested to take your shopping into a kitchen area within your premises (or an appropriate designated area for a business) where your goods will be dropped off subject to clause 3.11 and 3.14. Providing entry into your premises is at your own risk. Pick n Pay accepts no liability or responsibility for any loss or damages occurring as a result of or consequence of your request for the driver entering your premises, whether or not the loss or damages could be construed to be as a result of negligent behaviour.
Drivers will carry identification which you must ask for. Drivers will be able to inform you of the order number and the intended recipient (as provided on the order) as an additional security check.
Goods must be signed for at the delivery address, by you, or by a nominated representative who must be aged 18 or above. Under no circumstances will goods be left unattended, for example in a garage, or with anybody below the age of 18.
It is your responsibility to be present (or make sure an authorised signatory is present) for the full duration of your chosen delivery slot. If, in the event that no authorised signatory is available to accept and sign for your delivery order, our driver will wait a total period of 10 (ten) minutes for an authorised signatory to present themselves prior to leaving and returning your order to us. For the avoidance of doubt, the driver may leave before the end of the delivery slot provided they have arrived after the beginning of the slot and waited a minimum of 10 (ten) minutes for an authorised signatory. A delivery card will be left by our driver detailing the time of their arrival and departure and the start and end time of the chosen delivery slot. You will be asked to contact the Customer Service Centre at your earliest convenience to arrange an alternative delivery time. You will be liable for a re-delivery fee equal to the current delivery price of the slot agreed upon for re-delivery. Should there be no opportunity to arrange a redelivery on the same day (due to Pick n Pay or your constraints); you will be liable for the replacement cost of any perishables as reasonably required.
If you do not contact us to rearrange a failed delivery within 12 hours of the start of the original delivery slot, the order will be cancelled and the cost of your order (excluding the cost of perishable items and any delivery charges) will be refunded to you. For the avoidance of doubt, Pick n Pay reserves the right to retain the cost of perishable items and the associated delivery charge when the service has been provided in accordance with the Terms and Conditions as laid out.
For a delivery your order will be presented in sealed bins and/or cool boxes - with exceptions for loose items unable to fit, or bulk products which are more easily transported and delivered in their original packaging. The seals should only be broken in the presence of an authorised signatory. Should the bins not be sealed, or the seals already broken, you should not accept the order and immediately contact our Customer Service Centre here.
Please note adverse weather conditions, accidents, road work, unusual traffic congestion or any other events outside of our reasonable control may result in the occasional late or cancelled delivery. If that is the case we will endeavour to contact you as soon as we are able to and reschedule your delivery time and date. In any event for cancelled deliveries our liability to you will be limited to refunding the price of any goods not delivered and the associated delivery charge. We cannot be held liable for delivery delays outside of our control and any refund where liability is accepted will be limited to the cost of the delivery charge.
Deliveries are limited to 1 delivery per address per day.
3.14 Unpacking of bins and the checking of orders
Due to the physical and time consuming nature of a delivery our drivers will be limited, when making deliveries that require ascending or descending stairs, to a single story only. Deliveries greater than a single story will require the provision of a lift or escalator located within a reasonable distance of the final delivery point.
The driver will unpack your bins onto a flat open surface only - either at the door of your premises or business, or in a kitchen area (or appropriate designated area for a business) at your express request - refer to clause 3.13. For the avoidance of doubt, this will not include unpacking into cupboards or onto shelves.
It is your responsibility to check the invoice against the delivered goods in a timely manner and not to unduly delay the driver in the process.
3.15 Delivery and collection charges
Delivery charges are determined locally based on the factors affecting deliveries at your chosen delivery address and from the local fulfilment store. PnP.co.za reserves the right to adjust delivery charges, at any time and without prior notification, to take into account local conditions and quality of service in accordance with every delivery address.
Certain areas will incur a delivery surcharge in addition to the delivery fee as indicated when booking a delivery slot. These exceptions currently are:
Cintsa and Cintsa East
The surcharge will be equal to the original delivery fee, i.e. if the slot booked was for R50, the surcharge will be an additional R50 - making the total delivery fee R100
In store collection (where available) is currently free, although PnP.co.za reserves the right to apply a reasonable charge without prior notification.
Orders are currently not subject to a minimum order value - PnP.co.za reserves the right to amend this policy at any time and apply a minimum order value without prior notification.
3.16 Click n Collect orders and restrictions thereof
In store collection for orders placed through our Websites are available from selected stores. From time to time we will update the list of stores that offer the Click n Collect service and reserve the right to restrict or stop Click n Collect orders in certain stores, including stores previously covered by our service.
We also reserve the right to withdraw our Click n Collect service to individual customer's subject, but not limited, to the following:
Repeated unavailability of an authorised signatory to take delivery during the assigned collection slot;
Excessive returns that misuse the reasonable nature of the Service;
Repeat and/or excessive short supply or damage claims for which responsibility cannot be determined.
3.17 The in store collection process (Click n Collect)
Click n Collect times vary according to the store from which you have chosen to collect from. At the point at which you place your order, the full list of available collection stores and their associated collection times will be presented to you.
Goods must be signed for upon collection, by yourself, or by a nominated representative who must be aged 18 or above. Under no circumstances will goods be left unattended or with anybody below the age of 18.
For Click n Collect orders you are required to present your order number to the in store services desk during your chosen collection slot. For stores equipped with SmartZones, those are the designated collection points. Your order will be requested from Online Shopping and brought out to you in a trolley (with or without plastic bags according to the chosen preference). You are required to sign the invoice and note any returns on the invoice.
As with deliveries, you are entitled to return any unwanted items for a full refund. For the avoidance of doubt, this is a separate Online Shopping process to returning goods directly to the collection store.
If you fail to collect your Click n Collect order during your chosen collection slot, the store will inform the Customer Service Centre, who will contact you to arrange an alternative collection time. Pick n Pay reserves the right to charge a reasonable re-stocking fee should the start of the alternative collection slot (one or more) exceed the end time of the original collection slot by 6 (six) hours.
If you do not contact us to rearrange collection within 24 hours of the start of the original collection slot, the order will be cancelled and the cost of your order (excluding the cost of perishable items) will be refunded to you. For the avoidance of doubt, Pick n Pay reserves the right to retain the cost of perishable items when the service has been provided in accordance with the Terms and Conditions as laid out.
3.18 Specific exclusions
Some items that are available in store will not be available on our Websites. These may include hot foods, greetings cards, certain self selection items (e.g. sweets, cheeses, olives, salads), service counter products (e.g. airtime, Lotto) to name a few. Other items that we deem cannot be picked and delivered to an acceptable quality standard may be excluded at various times.
Please note that the Tobacco Products Control Act of 1993 prohibits the sale of tobacco products through Online Shopping or other electronic media.
PnP.co.za reserves the right to decline to fulfil any order, including bulk purchases of items on promotion or included in a special offer.
3.19 Minimum or maximum order restrictions
PnP.co.za reserves the right to introduce a minimum spend requirement in order to be eligible for either delivery or in store collection services. Excluded products and supplementary charges, such as delivery, shall not count towards a minimum spending requirement.
There is currently no maximum order restriction; however PnP.co.za reserves the right to limit quantities at any time and without prior notification. In order to provide a high quality of service, orders above a threshold in terms of quantity and/or value will be restricted in terms of delivery slot availability. Typically, but not limited to, this restriction will be to provide PnP.co.za a longer lead time to prepare the order for delivery or collection. PnP reserves the right to alter the nature or terms of this restriction and/or threshold at any point and without prior notification.
3.20 Deliveries on orders above R7,000.00 in value
For orders above R7,000.00 we cannot guarantee meeting your specific selected delivery slot due to the size of the order. Should we be unable to meet your chosen delivery slot we will be in contact to arrange an alternative delivery time on the same day. We reserve the right to adjust this order value threshold at any time and without prior notification.
Please note that orders above R7,000.00 in value require a lead time to prepare prior to delivery (see 3.19) - we will endeavour to contact you as soon as possible during this period should we need to adjust your delivery slot.
No traders please. PnP reserves the right to limit quantities at any time and without prior notice.
3.22 Goods charged for but not supplied
In the event of there being an item missing from an order but included on the invoice, this should immediately be brought to the attention of the delivery driver, agreed upon as such, and noted on the signed invoice (to be returned with the driver). A full refund will be issued for the noted items on receipt of the signed invoice. Failure to notify of any shortages of products at this point will designate full acceptance of the delivery in accordance with the signed invoice. This does not affect your statutory rights with respect to the products purchased.
Please note that Pick n Pay will not, and is under no obligation to, make any redelivery as result of missing items. Pick n Pay's obligation will be to remedy the situation through a refund. Should a redelivery be requested, Pick n Pay reserves the right to either decline the request or charge a redelivery fee commensurate to the standard delivery fee schedule.
3.23 Damaged goods or delivery order errors
In the event of there being damaged goods, quality concerns or a difference with respect to the invoice and items delivered, these should immediately be brought to the attention of the delivery driver and noted as such on the signed invoice. Goods marked on the invoice for return, whether for damages or other reasons, must be given back to the driver and will be returned for a full refund. Failure to notify the driver of errors, or of unacceptable condition of any products, at this point will designate full acceptance of the delivery in accordance with the signed invoice. This does not affect your statutory rights with respect to the products purchased.
Please note that Pick n Pay will not, and is under no obligation to, offer any redelivery as result of damaged items, quality concerns or errors. Pick n Pay's obligation will be to remedy the situation through a refund when the item/s is/are returned with the delivery driver.
3.24 Our returns, refunds and guarantees policy
We are committed to operate our business in terms of the requirements of the Consumer Protection Act and our returns and refund policies are aligned therewith. Customers are covered by our quality guarantee on every product.
3.25 Refundable packaging and bottling
Our drivers are unable to accept refundable packaging as part of the service, irrespective of whether the items were purchased and delivered through the services offered by these Websites. In particular, but not limited to, we are unable to process refunds on refundable bottling through this service. It is your responsibility to return and present any refundable packaging and bottling to a Pick n Pay store in order to claim the refund.
3.26 Refunds for returns made at the time of delivery
Should you not be entirely satisfied, you are entitled to return any product, which was purchased as part of an Online Shopping order, to the delivery driver.
Returns must be marked and signed for as such on the invoice that accompanies the order. Any refunds for unwanted substitutions or returned items will be made after the goods have been received back into stock by Pick n Pay. We will process any returns, ordered via Online Shopping and returned via our delivery driver, within 48 hours of receipt of goods from the originating store. Note that bank processing times may vary and will add a further delay on the refund for which Pick n Pay cannot be held liable (including for any resulting occurrence due to any refund delay).
For the avoidance of doubt, PnP.co.za shall not be liable to redeliver any items. This includes but is not limited to not redelivering due to damaged goods, quality concerns, a change of preference, ordering errors or any unspecified reason. In this instance you are entitled to return the items with the driver and receive a full refund for those items. Refer to clauses 3.22 and 3.23 for policies related to goods charged for and not supplied, and damaged goods or delivery order errors.
3.27 Refunds for returns made after the delivery
Should you need to return an item, received through our delivery service, after the driver has left, it is your responsibility to return the item to a Pick n Pay store. The PnP.co.za delivery service requires us to provide a single delivery service at a pre-agreed price. You accept that we are not liable to provide the same service as part of a returns procedure after we have left your premises from the original delivery.
You may also return any item to a Pick n Pay store together with the original invoice, where items may be refunded or replaced subject to due compliance by the customer with these Terms and Conditions. Please contact our Customer Service Centre with any queries.
For the avoidance of doubt, any items purchase direct from a Pick n Pay store may not be returned with an Online Shopping delivery driver. Items eligible for return via the delivery driver are limited to those purchased through the Websites and as part of the delivery service.
Refunds for goods purchased under a promotional offer will be based on the terms of the promotional price. Your statutory rights are not affected.
Most goods will be refunded or exchanged if they are returned within 10 business days of purchase. If they were defective when purchased or failed due to a design or manufacturing flaw or do not comply with requirements and standards in terms of safety and quality, Pick n Pay reserves the right to refer returned goods for technical assessment by the manufacturer or authorized service centre. Customers are required to present their original invoice.
The goods excluded from the 10 day repair, exchange or refund policy are:
Goods purchased by way of special arrangement or custom order will only be replaced if they are defective;
DVD's, games, computer games, console games, CD's, software, books and newspapers will only be refunded if they are in their original packaging and unused. Should the item be opened then an exchange for the same product will be given if the product is defective.
If the packaging or marketing materials indicate a product which materially differs from that which is supplied then a customer may themselves return the goods, within 10 business days after purchase. Subject to our rights in law to charge the customer for use of the product and to repair the goods for re-stock purposes, Pick n Pay will provide the customer with a refund.
If a customer's goods fail or turn out to be materially defective due to a design or manufacturing defect within the first 6 (six) months after purchase, Pick n Pay will repair, replace or provide the customer with a refund. The refund will be processed by the store from which the purchase originated (i.e. was delivered).
Please note that it may not be possible to determine in-store whether goods have been damaged or what the cause of a failure or defect may be. Accordingly, Pick n Pay reserves the right to refer returned goods for technical assessment by the manufacturer or authorized service centre prior to repairing, replacing or refunding an item and to provide the customer with feedback within 10 business days of receipt of the returned goods and to act accordingly.
If the goods show a defect after the initial 6 (six) month period, but are within the manufacturer's warranty period, Pick n Pay may, at the customer's request send the goods to the manufacturer for repair and the manufacturer will decide whether you will have a valid claim and if so, whether they will repair or replace as well or whether any charges will be levied in accordance with the terms of the warranty.
If the goods become defective once the manufacturer's warranty has expired, we will endeavour to arrange with the manufacturer or its agents to repair the goods but bear no responsibility for their failure to do so.
No repairs will be done without the customer's approval of a quotation first. If within 3 (three) months after goods have been repaired, the defect persists or a further failure or defect occurs on the repaired component Pick n Pay will either refund or replace the item. Customers must keep proof of repairs.
As with all warranties, certain conditions and exceptions apply:
Please take proper note of any terms or instructions that accompany your goods;
Goods that show a manufacturing defect within the first 6 (six) months of purchase will be repaired, replaced or refunded; and
Defects that develop after six months may be repaired, replaced or refunded at the manufacturer's election, and subject to the relevant manufacturer's policy.
The manufacturer's warranty will only apply to material defects in the process of manufacturing the goods and will not apply in the following instances:
Damage caused by lightning or power surges;
Damage caused by misuse or abuse to the goods or contrary to instructions and warnings provided on the goods or their documentation;
Goods used for a purpose other than the purpose for which they were intended;
Goods that have been altered or physically changed in any way; and
A public regulation that prohibits such returns for public health reasons.
Nothing in these Terms and Conditions will reduce your statutory rights relating to faulty or misrepresented goods.
3.28 Refunds when you use different payment types
When multiple tender types (e.g. a credit card and smart shopper card) are used for a single payment and goods are returned, the following will apply:
Any returns will first be refunded onto the Credit Card used for the transaction; up to the original settlement amount paid for on the Credit Card. Any remaining amount will then be refunded to the smart shopper card used.
3.29 Points awards and item refunds for smart shopper customers
As registered smart shopper customers you are able to earn smart shopper points through Online Shopping subject to the successful registration of your smart shopper card within your online profile, available here. Subject to validation, the card number captured at point of registration will be the card to which smart shopper points will be allocated.
Returned goods, for which smart shopper points would have been awarded, will have the points reward, or rand value, reduced in accordance with the returned item/s.
The rules with respect to the award and deduction of smart shopper points following a refund will be subject to the Terms and Conditions applicable to those agreed to as part of the smart shopper programme here.
3.30 Collection of waste for recycling
As part of our sustainability efforts, and at our complete discretion, we will offer to, remove the following waste items for recycling purposes:
Clean and empty plastic packets from any retailer;
Small household batteries up to size D (specifically excluding car batteries).
We reserve the right not to accept any waste subject to, but not limited to, time constraints, available space, size of waste, nature of waste and the condition of the waste.
3.31 Product information and images
Images are provided to help you recognize products. Due to certain imagery quality (as provided by third parties), packaging redesign and improvements these may not always reflect exactly the item or pack you receive. Please note that these images should not be used to determine size or volume - please refer to the product information contained in the description and any other additional information as is made available.
Pick n Pay will endeavour to make as much product related information available on our Websites as is possible. However, this information is gathered from various third party sources outside of Pick n Pay and therefore we accept no responsibility and make no representation, nor give any warranty or undertaking, express or implied, as to the accuracy or completeness of any information provided on our Websites.
3.32 Nutritional and ingredient information
Pick n Pay will endeavour to make nutritional information available on our Websites where possible for the general information of the public. This information is gathered from various sources, including third parties, and therefore we accept no responsibility and make no representation, nor give any warranty or undertaking, express or implied, as to the accuracy or completeness of the information.
Any customers requiring nutritional and ingredient information as a result of any medical condition (e.g. diabetes, nut allergies, etc.) or for religious, moral or social purposes cannot rely on the information provided and must contact the product suppliers directly.
3.33 Buying liquor
Pursuant to the Licensing Act it is an offence for any person under the age of 18 to buy, or attempt to buy, intoxicating liquor, or for any person over the age of 18 to buy intoxicating liquor on behalf of any person under the age of 18.
PnP.co.za is committed to upholding both their legal and social obligations as a retailer of liquor. In order to achieve this, PnP.co.za has introduced a number of control checks throughout the purchase and physical distribution process (e.g. confirming date of birth and requesting formal identification of anyone considered to be younger than 18).
In accepting these Terms and Conditions you agree to provide PnP.co.za truthful and accurate information and act in accordance with the Licensing Act.
3.34 Changing your order
Amendments to orders must be completed online before the cut-off time for the respective order has been reached. Pick n Pay will not be held liable or responsible for any impacts related to the amendments, particularly with respect to stock availability or delivery/collection slot pricing or availability.
Under exceptional circumstances, amendments after the cut-off time can be requested through our Customer Service Centre here. We will endeavour to accommodate these changes if possible but you accept that Pick n Pay reserves the right to accept no amendments after the cut-off time.
3.35 Cancellation of orders prior to delivery or collection
Should the order and delivery need to be cancelled, this can be done online and must be done before the cut-off time for the respective order has been reached. Cancellations after the cut-off time must be done via our Customer Service Centre here.
Should you wish to cancel your order after the cut-off time, contact our Call Centre. If your invoice has not been processed, the order can be cancelled. If the order has been invoiced, a full refund will be processed.
3.36 Cancellation rights
Other than for any goods set out below or goods which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly, you are entitled to cancel this contract if you so wish, provided that you exercise your right no longer than 7 working days after the day on which you receive the goods or services.
If you wish to exercise your right of cancellation, you are obliged to retain possession of the goods, and the associated order documentation, and take reasonable care of them. Notice of such cancellation must be given to our Customer Service Centre here.
You must store the goods in a manner appropriate to the type of goods (e.g. keep chilled items chilled, frozen item frozen etc.) as they must be returned in the same condition as they were delivered to, or collected by you.
Other than for goods which are identified as faulty or mis-described at the point of delivery to you, or when you collect them from us, you are required to return goods at your cost and in the same condition as they were delivered to, or collected by, you.
Your right to return an item post-delivery does not apply to certain goods unless these goods are identified as faulty on delivery or collection or mis-described. Such items include:
newspapers and magazines;
CDs, DVDs, computer games, console games, videos and computer software, which may be restricted to an exchange for the same title to reduce the risk of unlicensed copying;
perishable items or items that are liable to deteriorate or expire rapidly;
foods which have been opened, partially cooked, cooked, processed or altered in any way;
items which cannot be resold for health and hygiene reasons once unwrapped (for example body jewellery, mattresses, bedding, certain items of clothing, personal grooming products, medicines and certain baby products etc.);
flat pack furniture that has been partially or fully assembled;
goods made to your specification, that have been clearly personalized or utilised;
where there is a health risk;
where public and food safety regulations do not allow.
You are required to take reasonable care of items. Please return an item in its original and undamaged packaging with all of its components. If an item is returned undamaged in its original and undamaged packaging, we will offer you a refund in accordance with our store refund policy. Your rights under consumer legislation for these goods are not affected.
3.37 Plastic bag policy
Due to our position as an environmentally responsible retailer we encourage our customers not to request plastic bags when possible. Where it is necessary plastic bags can be requested as part of the shopping process. Please note that all plastic bags used will be charged for and PnP.co.za will use its discretion with respect to the exact number of bags required. For that reason any indication of the number of plastic bags required (or the associated cost) at the time of placing the order may differ from the final amount provided. We will always endeavour to reduce the number of plastic bags utilised.
3.38 General pricing policy
Please note that all prices on our Websites are guide prices only - there are a variety of reasons for this, some of which our outlined below. All prices are expressed inclusive of any VAT payable unless otherwise stated or displayed.
The price of products ordered before midnight on 31 March 2018 will not be subject to the new VAT rate, even if delivery is booked for after 31 March. This excludes substitute products, bags and variable weight products, which will be subject to the new VAT rate if they are invoiced on the day before or the day of delivery, and this date falls on or after 1 April 2018. Pick n Pay Online reserves the right to rectify any incorrect pricing caused by the change in VAT rate. Orders placed after 31 March 2018 will be subject to new retail selling prices based on the new VAT rate.
The final price charged will be the in-store price (for the store that is delivering your order, or preparing it for in-store collection) on the day your order is successfully placed (you will receive an email confirmation thereof), subject to certain exceptions. These exceptions specifically apply to, but are not limited to, any substitute products and variable weight products (those purchased in a quantity selected by weight) - these will be priced on the day of invoicing (i.e. reflect the in store price on the day of, or the day before, delivery). You have the right to return any product with the driver or directly to the branch if you have any issues with price(s) charged or the condition, type, size, or quantity of the product and we will refund the same amount that you have been charged for that product. Note that this may differ from the in store price on the day of return.
Please note that prices and the availability of special offers are more likely to vary for future dated deliveries and collections. Special promotions are also subject to certain conditions, including stock availability, store specific pricing and limited offer stipulations.
Currently no "buy one get one free", bundle or combination offers will be available via the Websites and will not be advertised as such on the Websites even if available in store on day of delivery or collection. This includes certain Smart Shopper Smart Price promotions and selected vouchers. There may also be certain promotions exclusively offered by Hypers and other stores that may not be available when ordering online. Pricing and promotions may be store specific and may not be available in all stores. Online pricing is applicable to selected stores only and may not be valid for Click n Collect and Family stores.
Any savings or special offers that appear subsequent to placement of the order and are valid on the day of invoicing (with the exception of 'Buy one get one free' offers) will be passed on to the customer and reflected in the invoice. Smart Price promotional pricing will not be valid if an order is amended after the initial order placement. Products will be priced at the normal sell price and no Smart Price discount will be applied to the order.
The unit price for products that are weighed and displayed on the site are calculated on drained weight where applicable.
Weighed items such as fruit or deli items may vary in weight from that ordered.
Where an item is unavailable and you have indicated that you will accept substitutions (whether the substitutions were selected by yourself as part of the ordering process, or by request chosen at your personal shoppers discretion), an alternative will be supplied that may affect the price that you pay. This alternative price may be higher or lower than your original price estimate - but for your protection will be limited to a reasonable tolerance. Upon delivery or collection you will be made aware of unavailable items and their substitutes. You have the right to reject any substitutes offered, return them with the driver and we will refund the amount that you have been charged for that product.
3.39 General payment provisions
Pick n Pay is authorised to debit the total amount payable for the goods ordered against the authorised payment type supplied by you when completing your order. By submitting your order and associated payment details you warrant that you are authorised to make payment with the card (or other tender type) and that there are sufficient funds available to pay for the order.
We will debit the total value of your online order against the payment card tendered by you during the checkout process.
Payment authorisation (reserving of funds) is processed the day before your delivery is scheduled, prior to the commencement of order picking, unless otherwise stated. If payment authorisation is successful, the order amount plus a nominal additional percentage will be reserved.
The additional percentage reserved allows for the inclusion of shopping bags, tolerances in variable/loose-weight products, and price differences in substituted products that may be included in your order. Payment is finalised for the actual invoiced amount once picking of your order has been completed, and prior to delivery, usually the evening before, or the day, of delivery. You will be charged the exact cost of your order.
Payment authorisation does not constitute a payment to Pick n Pay, but rather confirms the validity of the account information entered at checkout, and the availability of necessary funds.
By submitting your order, identity number 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.
Any of the following Credit Cards may be used to pay for your online shopping purchases: Visa, Mastercard, Diners and Amex. Certain (non-pin based) Debit Cards may also be used - typically where the Debit Card is issued with an expiry date and a CVV number.
For the record, Pick n Pay securely stores limited payment information for fraud verification purposes. Your credit or debit card details are encrypted and transmitted directly to our secure payment gateway which is provided by PayU (a leading online payments provider specialising in secure online transactions).
You may also pay with smart shopper points that have already been converted to a monetary value (Rand equivalent). Should you choose to pay with smart shopper Rand equivalent, and in the unlikely event that we are unable to process payment despite their being sufficient Rand equivalent value to cover the requested amount (e.g. due to a technical fault), you authorise us to deduct the Rand equivalent value from your Credit/Debit Card. For a payment split between smart shopper Rand equivalent and a Credit/Debit Card, this will mean that the full amount would instead be deducted from your Credit/Debit Card.
The final invoiced amount will be based on the in-store price (for the store that is delivering your order, or preparing it for in-store collection) on the day your order is successfully placed, with the exception of any substitute products and variable weight products (ordered by weight quantity on the website) which will be priced on the day of invoicing (either the day of or the day before delivery).
You are entitled to cancel a payment where fraudulent use of your payment card has been made by another person not acting on your behalf.
If you have booked a PnP.co.za order for collection you are still required to provide your payment details on the Websites and payment will automatically be taken on the day of invoicing (either the day of or the day before collection is due).The pricing policy for collection orders is the same as for deliveries.
If you have booked a delivery and invalid card details have been entered during the checkout process our Customer Support Centre will contact you before delivery can be made (see section 3.37). This may result in your original chosen delivery slot no longer being available - Pick n Pay will accept no liability as a result and all Terms and Conditions will apply as per the original order, irrespective of a new delivery slot being agreed.
If you are paying for an order in its entirety with your smart shopper card and have insufficient funds available at the time payment is required - the order will be suspended and you will be contacted to make an alternative payment. This may result in your original chosen delivery slot no longer being available - Pick n Pay will accept no liability as a result and all Terms and Conditions will apply as per the original order, irrespective of a new delivery slot being agreed.
Should you opt to use both a Credit/Debit Card and a smart shopper card for payment, then any shortfall on your smart shopper card will automatically be added to your Credit/Debit Card charge.
For your security we operate a tolerance level on your Credit/Debit Card transactions such that we can only increase the amount charged (should it be necessary due to substitutes either provided by yourself or chosen by your personal shopper) within a reasonable level - this is for your further protection.
3.40 Sufficient funds and expiry date on payment card
It is your responsibility to ensure that the expiry date of your payment card is after the requested dispatch date of your order and that your payment card has sufficient funds to cover the purchase. The final invoiced amount will be based on the in-store price (for the store that is delivering your order, or preparing it for in-store collection) on the day your order is successfully placed, with the exception of any substitute products and variable weight products (ordered by weight quantity on the website) which will be priced on the day of invoicing (either the day of or the day before delivery). In the event that the payment card has expired, or there are insufficient funds, we will be unable to take payment and fulfill your order.
3.41 In the event of a failed payment
This clause applies to failed payments for credit/debit card and Smart Shopper card purchases.
If your order fails payment, you will be sent an email and an SMS advising you that your payment has failed. You will be given time to add new payment details – usually two or three hours. If new payment details are not added in time, your order will be cancelled.
For the avoidance of doubt, if your order is cancelled any new order can only be booked for the day following the cancellation, if captured prior to the cut-off time. It is your responsibility to provide valid payment details and ensure that sufficient funds are available. As a reminder, the final invoiced amount will be based on the in-store price (for the store that is delivering your order, or preparing it for in-store collection) on the day your order is successfully placed, with the exception of any substitute products and variable weight products (ordered by weight quantity on the website) which will be priced on the day of invoicing (either the day of or the day before delivery) - which is when the funds must be available. We accept no liability or responsibility for any losses whatsoever, as a consequential result of a failed payment and subsequent order cancellation or delay.
In order to protect your personal data and to ensure our PCI compliance, our Customer Service Centre agents are not allowed to accept alternative payment details via telephone (or any other medium). This is for your protection and to ensure our service maintains the highest standards of security.
3.42 Payment security policy
PnP.co.za is run by Pick n Pay. We are a company that our customers trust through our store network and via our digital channels (online and mobile). We understand your concerns with security and your peace of mind and safety are of the utmost importance to us.
As a result, we have developed highly secure online ordering facilities on our Websites. This is specifically intended to give you confidence when you use your Credit/Debit Card or smart shopper card to shop with us - but also when you entrust us with your personal details like addresses and phone numbers.
We comply with all the necessary compliance regulations in effect and as such have partnered with one of the leading experts in the field of secure payments when it comes to the protection of our customers data.
3.43 Credit/Debit card safety
PnP.co.za have partnered with PayU (a division of Naspers) who are trusted experts in the field of secure online payments. The payment screens that you see on our Websites (with the exception of third party sites who provide their own payment gateways for which we accept no liability) are presented directly from PayU to ensure complete confidentiality in the transaction. PayU uses Secure Sockets Layer (SSL) technology to encrypt your details as they are being transmitted across the internet. This prevents anyone from eavesdropping on your shopping session and keeps your card and personal details private.
PayU allows you the option to securely store your card details with them, so that you can order from us again without needing to capture your credit card details again - this allows for an exceptionally fast checkout process. Your credit card details are never physically stored or made known to Pick n Pay during your online transaction. PayU returns a successful or failed transaction message to us, along with the last 4 digits of the credit card used in the transaction. This information is only made known to you in order to provide another layer of security around use of your credit card.
If you do not wish to store your card details with PayU, you can simply enter your details each time you place an order.
Your payment details are held by PayU in a secure encrypted server which is not accessible from the Internet. Access to this data is also secured internally from Pick n Pay and all card numbers are encrypted using a highly secure system that financial and banking institutions rely on, called Triple DES (Data Encryption Standard). This is widely acknowledged as being an extremely secure way to hide these details from prying eyes.
Once your order is processed, the payment details associated with your order are removed from PayU files unless you opt for the convenient and secure card storage service.
3.44 Calculating discounts
Where an online offer states that a percentage discount will be given on a purchase, the cost of the qualifying purchases will be reduced by the stated discount percentage. Supplementary charges, such as delivery, shall not be discounted unless specifically stated in the offer description.
3.45 Discovery Vitality - HealthyFood
Any HealthyFood product indicators shown in the catalogue are a guide only. We endeavour to provide the HealthyFood indicators on our Websites, but cannot guarantee the availability or accuracy of the indicators. The products on which Vitality discounts will actually apply, and the discount rate, will be determined on the day that an order is processed for payment (invoicing), which will be on the day of, or the day before, delivery is due.
3.46 Availability of your smart shopper profile
The availability of your smart shopper card as part of your Online Shopping customer profile, is subject to your details being captured by our smart shopper card team. Should your card details not yet be available you will not be able to earn or spend points through Online Shopping.
3.47 Delivery saver
You must spend a minimum of R200 per shop to use a Delivery Saver voucher. Delivery Saver Mini is valid for 3 months and Delivery Saver XL is valid for 6 months. Additional T&Cs may apply. E&OE.
A separate delivery service applies to Pick n Pay Catering. Please consult the Website here to view delivery times, conditions and pricing.
Please note a 48 hour lead time on all orders.
Online offers are valid for the time period specified on each offer, or on our website, or on our online shopping mailers, and only while stocks last. Online specials are for delivery to addresses in Gauteng and/or the Western Cape only (as per each individual offer), and exclude Click and Collect stores and areas served by PnP Mulbarton. Regional pricing may apply. No traders.
Pick n Pay endeavours to meet the demand for all promotional items, but stocks are limited. Some stores may not stock some of the products available online. Availability and prices may vary according to region. Please check availability by phoning 0860 30 30 30 (toll-free for landlines only. Cell phone rates apply). We strive to ensure all information is correct, but will not be liable for any errors that may occur. Advertised prices are inclusive of VAT where applicable. We reserve the right to limit quantities. Smart Shopper terms and conditions apply. Certain products are excluded from the Smart Shopper programme; please see in store or go online for more details. Errors and omissions excepted.
There are 3 types of Online Voucher/Promo codes (or Promotion Codes): a Voucher/Promo code with a fixed amount as a discount, e.g. R100 off (“Cash Off”), a Voucher/Promo code with a percentage discount, e.g. 10% off (“Percentage Off”) and a Free Delivery Voucher/Promo code. Excludes Smart Shopper vouchers and discounts.
Voucher/Promo codes are issued at Pick n Pay’s sole discretion and we are entitled at any time to correct, cancel or reject a Voucher/Promo code for any reason (including without limitation where a Voucher/Promo code has been distributed in an unauthorised manner). Voucher/Promo codes are issued under specific terms and conditions regulating when and how they may be used.
As a general rule, and unless specified otherwise on the specific Voucher/Promo code itself:
- each Voucher/Promo code can only be used once;
- Voucher/Promo codes/Promo codes are valid for a limited time only. PnP Online reserves the right to modify or cancel Voucher/Promo codes at any time.
- Voucher/Promo codes can only be used on the PnP Online website, they cannot be redeemed in-store and may exclude Click n Collect orders.
- only one Voucher/Promo code can be used per order, unless otherwise stated;
- only one Voucher/Promo code can be used on the website per person per promotion/campaign, unless stated otherwise;
- Voucher/Promo codes may be subject to a minimum spend, basket value or quantity; or applied to specific product(s), fulfillment store and regions.
- Voucher/Promo codes must meet specific minimum requirements (as noted above) in order to be valid, if at time of invoicing these criteria are not met, the discount will not be applicable/valid.
- a Voucher/Promo code must be applied at check-out – they cannot be applied to previously placed orders;
- the value of the Voucher/Promo code will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.
- PnP Online is not responsible for any harm due to the loss, unauthorised use or distribution of a Voucher/Promo code.
- If for any reason a Voucher/Promo code does not reflect in the final amount due from you at check-out, you can contact us to confirm if the Voucher/Promo code is still valid. If PnP Online confirms that the Voucher/Promo code is still valid and you have already placed your order, you can choose whether to cancel the order and place it again with the Voucher/Promo code, or you can use the Voucher/Promo code on your next order within the limitations of the specific Voucher/Promo code’s terms and conditions.
- You may be required to submit the original communication containing the Voucher/Promo code, and any other information reasonably requested by PnP Online, before you are able to use a Voucher/Promo code.
- Voucher/Promo codes that offer a percent/cash off can be used in combination with free shipping promo codes.
- Voucher/Promo codes are non-refundable and cannot be exchanged for cash or credit.
- Certain products may be excluded from Promo codes. See the specific details of the campaign for excluded products.
- If you do not purchase the qualifying items added to your Cart when the Voucher/Promo code is in effect, the discount will not apply.
- The Voucher/Promo code only applies to qualifying items offered or advertised on the website or in email communications.
- If you return any of the items purchased with a Voucher/Promo code, the Voucher/Promo code discount or value may be subtracted from the return credit.
- Offers are valid while stocks last.
- Voucher/Promo codes may not be used in conjunction with any other reward, Voucher/Promo code or discount, unless otherwise stated.
- The use of a Voucher/Promo code may also be limited by the total discount value available to all users for the promotion of a specific Voucher/Promo code. For example, R20,000 worth of discounts at a discount of R200 per order.
- The onus is on the customer to check the full Voucher/Promo code Ts&Cs issued with the Voucher/Promo code and to ensure they understand the Voucher/Promo code’s applications and limitations.
- In the event an order is cancelled by the customer the discounted Voucher/Promo code amount will not be reallocated or refunded.
Free online promotional samples are supplied under specific terms and conditions regulating when and how they will be supplied.
Free promotional sample offers are only valid for the time period specified on each offer, on our website, or on our online shopping mailers, and only while stocks last. Free promotional samples are only available on online orders for delivery to addresses in Gauteng and/or the Western Cape only (as per each individual offer), and exclude Click and Collect stores and areas served by PnP Mulbarton or other PnP regional stores.
As a general rule, and unless specified otherwise on the specific promotion itself, the following is applicable:
- Promotional samples are free and no purchase of the sample is necessary.
- Promotional samples are subject to availability on a first come first served basis, while stocks last. Pick n Pay endeavours to meet the demand for all free promotional samples, but we reserve the right to limit quantities. Quantity limits may apply. Errors and omissions excepted.
- Only one free sample will be supplied per order, unless otherwise stated, All free samples shall be delivered with your qualifying order.
- To qualify for the promotional sample, a customer must follow all instructions stated on the promotional postings to be eligible to receive the free sample or comply with the necessary requirements to qualify for the free sample.
- Eligibility for free promotional samples may be subject to a minimum spend, basket value or quantity; or applicable to specific product(s), fulfillment store and regions.
- All title and risk of loss and damage of samples will be passed to the customer when the order is dispatched by PnP.
- In the event the wrong sample is delivered to you, we will not redeliver the correct samples to you. You are not required to return the wrong samples to PnP.
- Bulk orders from trade, consumer groups or third parties will not be valid. Multiple orders made by the same person will not be valid. Spamming referral or promotion practices are not permitted and will lead to disqualification and/or cancellation of the sample promotion. For the avoidance of doubt this includes, but is not limited to, soliciting public entries by posting details of this promotion on third party websites and other media (i.e. freebie websites), and any other irregular referral or promotion practice that PnP deems in its reasonable opinion subverts legitimate referral practices.
- The products described on the Site, and any samples supplied to the customer, are for personal use only. Customers may not sell or resell any of these products or samples thereof.
- We reserve the right to refuse to provide samples to you if it reasonably appears to us that you intend to resell the product or samples.
- Free promotional samples are non-refundable, non-transferable and cannot be exchanged for cash or credit and are not replaceable if lost, damaged or stolen.
- The onus is on the customer to check the full promotion Ts&Cs issued with the free promotional sample and to ensure they understand the promotions applications and limitations.
- In the event an order is cancelled by the customer the free promotional sample will not be allocated, supplied or refunded.
- Free promotional samples are as stated and there are no alternative samples or substitutes available.
- We will take all reasonable care to ensure that all details, descriptions, images of samples appearing on the Site are correct at the time when the relevant information was entered onto the system or promoted; however, to the extent permitted by applicable law, we do not warrant that said details, descriptions, images of promotional samples are accurate, complete, reliable, current, or error-free.
- Neither PnP, the Promoter, agencies or suppliers involved in this promotion will be liable to the sample recipients, whether arising from negligence, breach of contract or otherwise or for any damage, loss, liabilities, injury or disappointment incurred or suffered whatsoever as a result of or relating to participation in this promotion or the samples to the extent permissible by law. No compensation for loss of earnings will be paid by PnP for participation in any aspect of this promotion.
- All warranty claims in regard to a sample should be directed to the applicable manufacturer or supplier. No representations, warranties, terms or conditions that are not expressly stated in these Terms and Conditions shall apply to the promotion, save to the extent that such representations, warranties or terms may not be excluded by law, and all implied warranties are hereby excluded, including but not limited to, the implied warranties of satisfactory quality, merchantability or fitness for a particular purpose of any of the free samples.
- By participating in the promotion, each participant/recipient accepts and agrees to be bound by these Terms and Conditions, and any amendments, additions, replacements, variations and modifications hereto, which shall be final and binding in all respects. PnP reserves the right at its sole discretion to amend, replace, vary and/or modify these Terms and Conditions without notice to the participant/recipient. Any non-compliance with or breach of any of these Terms and Conditions may disqualify a customer at any stage of the promotion, and any samples offered may be forfeited, withheld, withdrawn or not supplied.
- PnP reserves the right at any time and in its sole discretion, to cancel, substitute, withdraw, add to or alter, any of the free promotional samples offered under the promotion without notice or liability to any party. A customer shall not be entitled to any compensation, benefit or substitution in any form should the sample be forfeited, withheld, unused or not supplied.
- Certain promotions, including Smart Price, bonus buys and combo promotions and selected vouchers may not be available or valid for your specific fulfilment store. There may also be certain promotions exclusively offered by Hypers and other stores that may not be available when ordering online. Online pricing and promotions are applicable to selected fulfillment stores only and may not be valid for certain Click n Collect, Family and other stores.
- Any savings or special offers that appear subsequent to placement of the order and are valid on the day of invoicing will be passed on to the customer and reflected in the invoice. Please note - Smart Price promotional pricing will ONLY be valid on the day the order is created, any attempt to amend or add Smart Price promotional items that went on promotion after the initial order create date will not be valid. Products will be priced at the normal sell price and no Smart Price discount will be applied to the order.
WILD ISLAND COMPETITION 2022: TERMS AND CONDITIONS
- 1.1 The Promoter is Pioneer Foods (Pty) (Ltd) (“The Promoter”), Reg number 1957/000634/07 a company incorporated in the Republic of South Africa, a wholly owned subsidiary of PepsiCo; and having its registered address at 1 Sportica Crescent, Tyger Valley, Bellville.
- 1.2 All persons ("The Entrants") entering the WILD ISLAND MYSTERY FLAVOUR COMPETITION ("The Promotional Competition") agree that the Promotional Competition rules as set out in these terms and conditions are binding on them.
- 1.3 The Promotional Competition is open to all South African residents, except directors, members, partners, employees, agents or consultants of or any other person who directly or indirectly controls or is controlled by The Promoter or marketing service providers in respect of the Promotional Competition, or the spouses, life partners, business partners or immediate family members, or anyone who within a period of 183 days preceding this competition has won any competition organised, promoted, or conducted by the Promoter, or who resides at the same address as such a winner, or who uses the same telephone number to enter the Promotional Competition.
- 1.4 The Promotional Competition is open from 15 April 2022 – 30 June 2022 (“last day”). Any entries received after midnight on the last day will not be valid and will not be considered.
- 1.5 Entrants stand a chance to win a share of R100,000 (One Hundred Thousand) in prizes as follows:
- 1.5.1 (One) of 300 (Three Hundred) R100.00 (One Hundred Rand) data vouchers; or
- 1.5.2 (One) of 100 (One Hundred) R200.00 (Two Hundred Rand) Suberbalist vouchers; or
- 1.5.3 Automatic entry into the grand prize draw:
- 1.5.4 Grand prize – R50,000 (Fifty Thousand Rand)
- 1.6 To enter, simply buy the Wild Island Mystery Flavour during the Promotional Competition period, and send the last 4 digits of the barcode to the USSD line *120*278#. Standard data rates apply.
- 2 PRIZE ALLOCATION MECHANICS:
- 2.1 The Promoter’s outsourced Suppliers will receive, process and manage all entries and are responsible for notifying the winners and allocating the prizes.
- 2.2 All winners will receive an SMS with the voucher code for the respective prize
- 2.3 Grand Prize winner will be contacted by the Supplier to arrange for EFT into a South African bank account held in the name of the winner and subject to FICA clearance of the winner.
- 2.4 The Prize is not transferable. A refusal or inability to comply herewith will disqualify the winner and a new winner may be drawn in their place at the sole discretion of the Promoter.
- 2.5 All risks in the prize pass to the winner upon notification of having won a prize. Where necessary, the winner shall ensure that all prizes are insured against all risks including damage to the prize as well as damage to third party property and persons. Such insurance is for the cost of the winner and neither the Promoter nor any other party associated with the Promotional Competition will be liable for the costs thereof or be liable should there be no such insurance.
- 2.6 The Promoter shall have the right to terminate the Promotional Competition immediately and without notice for any reason beyond its control requiring this. In the event of such termination, all Entrants agree to waive any rights that they may have in terms of the Promotional Competition and acknowledge that they will have no recourse against the Promoter, its agents and staff.
- 2.7 All guarantees for any tangible prizes that are won are carried by the manufacturer and or supplier thereof and not by the Promoter who funds the purchase of the prizes but is not the supplier thereof and the Promoter issues no warranties, whether explicit or implied with respect to the prizes.
- 2.8 Participation in the Promotional Competition constitutes acceptance of the Promotional Competition rules as set out in these Terms and Conditions and all Entrants agree to abide by the rules.
- 2.9 Except in so far as is provided for in the Act 68 of 2008, the judges’ decision is final, and no correspondence will be entered into.
- 2.10 The Promoter and its affiliates will collect and use your personal data provided via the cell number used in order to enable your participation in the Promotional Competition and for the Promoter’s, its affiliates and subsidiaries’ marketing purposes and, by participating in the Promotional Competition, you consent to the transfer, storage and processing of the data in South Africa, which consent may be withdrawn at any time by written notification to the We keep your personal data to fulfil the purposes for which it was collected or as required by applicable laws or regulations. We will not use your personal data for a different purpose without first obtaining your permission. We do not allow third parties to use your personal information.
- 2.11 By providing an entry, you warrant that it is your own original entry and that you are the owner of any intellectual property therein and grant the Promoter and its affiliated companies the perpetual royalty free right, except where prohibited by law, to use the contents thereof for any purpose whatsoever and to use your name for the Promotional Competition’s purposes in promoting or publicising the Promotional Competition, including the right to name the winners of the prizes in public and/or on any social media The Promoter, however, does not have any obligation to use the winning entries for any purpose. The Promoter reserves the right to request that any images taken of the winners or staff be used for marketing purposes in any manner they deem fit, without any further remuneration being made payable to the winner, which request the winner may decline. All entries become the property of the Promoter. By entering the Promotional Competition, the Promoter reserves the right to communicate with you at any time during or after the Promotional Competition period and you may opt out from receiving such communication at any time.
- 2.12 All Entrants indemnify the Promoter, its advertising agencies, advisers, suppliers, and nominated agents against any and all claims, damages or losses resulting from their participation in the Promotional Competition arising from negligent acts or omissions of the
- 2.13 The Promoter assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of The Promoter is not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any WhatsApp entry to be received by the Promoter on account of technical problems, human error or traffic congestion on the internet or at any web site, or any combination thereof, including any injury or damage to Entrants’ or any other person's cell phone relating to or resulting from participation in the Promotional Competition or downloading any materials in the Promotional Competition.