Terms of service

This website is operated by Gerber Co Retail (Pty) Ltd (trading as Gerber & Co). Throughout the site, the terms "we", "us" and "our" refer to Gerber & Co. Gerber & Co oFers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least 18 years of age. You may not use our products for any illegal or unauthorized purpose.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service without notice.

SECTION 5 - PRODUCTS OR SERVICES

Certain products or Services may be available exclusively online. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund & Returns Policy.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. You agree to provide current, complete and accurate purchase and account information for all purchases.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

SECTION 8 - THIRD-PARTY LINKS

Third-party links on this site may direct you to third-party websites that are not aFiliated with us. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send certain specific submissions, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service is inaccurate at any time without prior notice.

SECTION 12 - PROHIBITED USES

You are prohibited from using the site or its content for any unlawful purpose, to solicit others to perform or participate in any unlawful acts, or to violate any international or local regulations, rules, or laws.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, Gerber & Co shall not be liable for any indirect, incidental, punitive, or consequential damages of any kind. However, this limitation does not exclude or limit our liability for:

Gross negligence or wilful misconduct;
Death or personal injury caused by our negligence; or

Any other liability that cannot be excluded or limited by South African law (specifically Section 51 of the CPA). Consumer Protection Act (CPA) Notice: Nothing in these Terms of Service is intended to or shall override your statutory rights, including the implied warranty of quality.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Gerber & Co from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or your violation of any law or the rights of a thirdparty.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law.

SECTION 16 - TERMINATION

These Terms of Service are eFective unless and until terminated by either you or us.

SECTION 17 - ENTIRE AGREEMENT

These Terms of Service constitute the entire agreement and understanding between you and us.

SECTION 18 - GOVERNING LAW

These Terms of Service shall be governed by and construed in accordance with the laws of the Republic of South Africa.

SECTION 19 -CHANGES TO TERMS OF SERVICE

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at sales@gerberandco.com. Company Information (in terms of ECTA):

• Legal Name: Gerber Co Retail (Pty) Ltd
• Registration Number: 2012/114448/07
• Physical Address: 1 Vosmaar Street, Paarl, Western Cape, South Africa, 7646
• Telephone: 021 203 3162
• Email: sales@gerberandco.com