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Brew for Africa General Terms and Conditions

1. Definitions

For the purposes of these Terms And Conditions the following definitions shall apply:

1.1. All references to "Seller" are deemed to refer to Brew For Africa (Pty) Ltd, registration number 2016/190150/07, a limited liability private company incorporated in the Republic of South Africa and having its registered address at Shop 7, 84 On Main Shopping Centre, 84 Old Main Road, Walkerville, Johannesburg, 1876;

1.2. All references to "Purchaser", "you" and "your" are deemed to refer to the party with whom Seller deals with in respect of sale of the Goods.

1.3. All references to "Goods" are deemed to refer to products sold by Seller, both in Seller's store located in Walkerville, and via Seller’s website (

1.4. All references to "Courier" and "Delivery Service" are deemed to refer to the third party contracted by Seller to effect courier delivery of the Goods sold to Purchaser.

2. Descriptions

Any description, either in writing or by illustration, given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. Purchaser hereby affirms not to rely in any way on any description when purchasing the Goods. When in doubt, Purchaser shall contact Seller prior to ordering the Goods, and confirm the suitability of the Goods for any particular purpose.

3. Prices

3.1. All Goods are sold at prices as set forth by Seller. All prices published by Seller are ex-works Seller's premises and, unless stated otherwise, are inclusive of VAT.

3.2. If Purchaser wishes Seller to deliver the Goods to any address specified by Purchaser, Seller will quote Purchaser on the additional costs of such delivery.

3.3. Seller may adjust the prices at which the goods are offered for sale at any time and without prior communication with Purchaser. However, Seller will be obliged to sell the Goods to Purchaser at the prices published at the time at which Purchaser ordered the Goods from Seller.

4. Orders

Orders will be considered to have been accepted by Purchaser once Seller has received payment in full for the Goods purchased by Purchaser as specified on the order supplied to Purchaser by Seller. Once accepted, orders cannot be canceled and payment will not be refunded.

5. Delivery, risk and transfer of ownership

5.1. Seller will arrange for delivery of the Goods if Purchaser so desires. The decision on the means by which such delivery shall be effected, including but not limited to the contracting of a Courier, shall lie with Seller. Purchaser understands and agrees that Seller has limited or no control over deliveries once the Goods have been handed over to a Courier. Purchaser furthermore agrees to make suitable arrangements to accept delivery of the goods, including but not limited to providing correct, accurate and complete information on the address or location where delivery of the Goods is to be effected, and making arrangements for (a) person(s) to be present at the specified address or location of delivery at the time of delivery. Should purchaser fail to make such arrangements and Courier is unable to effect delivery as a result of this, the Goods will be returned to Seller and Purchaser shall be liable for any and all additional delivery charges associated with (a) repeated attempt(s) to effect delivery of the Goods.

5.2. Seller will endeavour to effect delivery on any date specified by or agreed on with Purchaser, but does not give any warranties whatsoever in this regard and shall not be held responsible for any damages, either direct or indirect, which Purchaser may suffer as a result of later delivery. If Seller is unable to effect delivery of any part of the goods on the date or time stipulated by Seller or by Purchaser, Purchaser shall be obliged to take delivery as and when Seller can reasonably effect such delivery. In order to limit the risk of loss or damage up to and including the moment of delivery, all routes and modes of transportation of the goods shall be chosen by Seller, save that Purchasers preferences shall be considered.

5.3. Purchaser shall inspect the Goods upon delivery to ensure that the Goods have been delivered undamaged, complete and in good order. Should Purchaser note any damage to the packaging of the Goods at the time of delivery, then Purchaser shall note this in sufficient detail on the delivery slip provided by Courier, and not accept delivery of the Goods. If Purchaser accepts delivery of the Goods regardless of noting such damage to the packaging of the Goods, then Seller shall consider the Goods to have been delivered in good order and to have been accepted as such by Purchaser.

5.4. Risk of loss or damage to the goods shall pass to Purchaser upon delivery.

5.5. All Goods remain the property of Seller until paid for in full by Purchaser.

6. Returns

Goods may be returned only when defective, if the Goods supplied are not what was ordered, or if the goods were delivered in undamaged packaging but were found to be damaged at the time of unpacking. Should Purchaser find any defect associated with any of the Goods after acceptance of delivery, Purchaser will inform Seller of the nature of the defect or defects within 3 (three) working days. If the Goods delivered are not what was ordered, Purchaser will inform seller of this fact within 24 (twenty-four) hours of delivery. Seller will endeavour to remedy such defects within a reasonable amount of time. The decision whether any goods may be returned by Purchaser and subsequently be refunded or replaced by Seller (where applicable) shall lie with Seller, whose decision shall be final and binding. Should Purchaser's claim(s), upon investigation, prove to be unjustified, then Seller reserves the right to charge Purchaser for any additional delivery costs incurred before resupplying the returned item(s). In any case Seller's liability shall be limited to either replacing or refunding the Goods, and not include any other damages, either direct or indirect, which Purchaser may suffer as a result of any defects associated with any of the Goods.

7. Applicable Law

The law governing these Terms and Conditions, including without limitation its interpretation and all disputes arising out of these Terms and Conditions, is the law of the Republic of South Africa. Seller and Purchaser both submit to the exclusive jurisdiction of the South African Courts of Law in respect of any matter arising from or in connection with these Terms and Conditions.

8. Breach

If any party ("Defaulting Party") breaches any of these Terms and Conditions and fails to remedy such breach within 14 (fourteen) days of receipt of notice to remedy the breach, the aggrieved party shall be entitled to claim specific performance or to cancel this agreement forthwith upon written notice to the defaulting party, without prejudice to its right to recover any amounts that may be due to it in terms of this agreement; and any loss or damage suffered as a consequence of the breach or the cancellation of this agreement.

9. General

You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions of sale to any third party.

Any failure on the part of you or Seller to enforce any right in terms hereof shall not constitute a waiver of that right.

If any term or condition contained herein is declared invalid, the remaining Terms and Conditions will remain in full force and effect.

No variation, addition, deletion, or agreed cancellation of these Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.

No indulgence, extension of time, relaxation or latitude which any party (“the grantor“) may show grant or allow to the other (“the grantee“) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.

These Terms and Conditions of sale contain the whole agreement between Purchaser and Seller and no other warranty or undertaking is valid, unless contained in this document between the parties.

10. Changes

Seller reserves the right to update and/or amend the Terms and Conditions from time to time and without any notice, and the responsibility for checking for changes remains with Purchaser. Any such change will only apply after the change is published in these Terms and Conditions. If Purchaser orders Goods from Seller after such updated or amended Terms and Conditions have been published, Purchaser will be deemed to have accepted such updates or amendments.

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