/ TERMS & CONDITIONS

Last updated: May 2024

Introduction

Welcome to Cape To Lux! These Terms and Conditions govern your use of our website and the purchase of products from our online store. By accessing or using our website, you agree to be bound by these Terms and Conditions. Please read them carefully before proceeding. If you do not agree with any part of these Terms and Conditions, you may not use our website or purchase products from us. By purchasing products from our online store, Cape To Lux, customers agree to the following conditions:

Definitions

"Cape To Lux" refers to our online business based in Luxembourg, specializing in the sale of food and drinks imported from South Africa to Luxembourg.
"Website" refers to www.capetolux.com, operated by Cape To Lux.
"Products" refers to the food and drinks goods available for purchase on our website.
"User", "you", or "your" refers to any person accessing or using our website.

Use of the website

- You must be at least 18 years old to use our website and purchase products from us.
- You agree to provide accurate and complete information when creating an account or making a purchase.
- You are responsible for maintaining the confidentiality of your account information and password.

Product Information

- We make every effort to accurately display the descriptions, images, and prices of our products. However, we cannot guarantee that the information is always accurate, complete, or current.
- We reserve the right to modify or discontinue any product without prior notice.
- Prices are listed in Euros and include VAT where applicable.

Ordering and Payment

- By placing an order through our website, you agree to purchase the selected products at the specified price.
- Payment can be made using the available payment methods on our website.
- We reserve the right to refuse or cancel any order for any reason, including but not limited to product availability, errors in pricing, or suspected fraud.

Shipping and Delivery

- We currently offer delivery to addresses within Luxembourg, France, Belgium and Germany.

- The delivery service price is calculated based on rates provided by our courier provider. Please note that Cape To Lux does not benefit from this delivery cost; it is solely determined by the courier provider.

- Alternatively, we offer a free pickup option where customers can collect their orders each Saturday at a location shared within the confirmation email after purchase.

- Shipping costs, if applicable, will be calculated and displayed at checkout based on the delivery address and selected shipping method. Please review the shipping options available to you before completing your purchase.

- We are not responsible for any delays or damages caused during delivery.

Returns and Refunds

- We have a 14-day return policy, which means you have 14 days after receiving your item to request a return.

- To be eligible for a return, your item must be in the same condition that you received it, unopened or unused, with a label (if it came with one), and in its original packaging. You'll also need your order number.

- Please note the following items do not qualify for a return:

Spray & Cook Original (300ml)
Spray & Cook Olive Oil (300ml)

- Unfortunately, we cannot accept returns on sale items or gift cards.

- To start a return, you can contact us at info@capetolux.com

- Please note that returns will need to be sent to the following address: 11b Lohrbierg, Mersch, 7545, Luxembourg.

- Items sent back to us without first requesting a return (via email) will not be accepted.

Intellectual Property

- All content on our website, including but not limited to text, images, logos, and trademarks, is the property of Cape To Lux or its licensors and is protected by intellectual property laws.
- You may not use, reproduce, or distribute any content from our website without our prior written consent.

Limitation of Liability

- In no event shall Cape To Lux, its directors, or affiliates be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with your use of our website or the purchase of products from us.

Governing Law

- These Terms and Conditions shall be governed by and construed under the laws of Luxembourg.
- Any dispute arising out of or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of Luxembourg.

Best Before Date Discount

- Discount on Items Past Best Before Date: Certain products offered for sale on Cape To Lux may be past their Best Before date. These items are clearly marked and sold with a 10% discount. By purchasing these discounted items, the customer acknowledges and accepts that these products are past their Best Before date. The customer agrees that Cape To Lux has no responsibility or liability for the quality, freshness, or taste of these products beyond the agreed discount.
- Customer Awareness and Acceptance: By completing the purchase of discounted items, the customer confirms their awareness and acceptance of this condition. The customer agrees that Cape To Lux is not liable for any claims or issues arising from consuming or using products past their Best Before date.

Understanding of Best Before Date vs Expiration Date

- Distinction Between Dates: Under EU law, specifically Regulation (EU) No 1169/2011 on the provision of food information to consumers, a clear distinction is made between the "Best Before" date and the "Expiration" date. The Best-before date indicates the period during which the food retains its expected quality and taste, while the Expiration date (or "Use By" date) is the final date by which the food must be consumed for safety reasons.
- Customer Acknowledgment: By accepting these terms and conditions, the customer acknowledges their understanding of the difference between these two dates. The customer recognizes that Cape To Lux does not sell expired products; however, some items may be sold past their Best Before date with the discount as mentioned above. The customer agrees that they fully understand and accept this policy and will not hold Cape To Lux responsible for any misunderstanding or misuse of the products purchased under these conditions.

Public Notification of Best Before Date Discounts

- Explanatory Messages: Cape To Lux has made efforts to inform the public about the discount on items past their Best Before date by placing explanatory messages in several areas of our website. These messages can be prominently seen in a yellow banner at the top of the "Shop" page and within the specific items' product pages under the "Additional Info Sections."

- Customer Awareness of Notifications: By making a purchase, the customer acknowledges that they have been made aware of these messages and understands that certain products are discounted due to being past their Best Before date. This proactive notification ensures transparency and helps customers make informed purchasing decisions.

By proceeding with a purchase from Cape To Lux, the customer affirms their agreement to these terms and conditions, ensuring a clear and mutual understanding of the policies related to product dates, discounts, and public notifications.

Changes to Terms and Conditions

- We reserve the right to update or modify these Terms and Conditions at any time without prior notice. Any changes will be effective immediately upon posting on our website.

- If you have any questions or concerns about these Terms and Conditions, please contact us at info@capetolux.com.

By using our website and purchasing products from us, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.