Terms & Conditions

TERMINOLOGY
“We”, “us”, “our”, “ “seller” and “vendor” refers to Chillihead.
"Consumer", "customer", refers to "you" who buys from us online.
"Goods" and "item" refer to the "product" purchased from us online.

Our intention is to keep this agreement as simple and easy to understand as is possible without all the legal jargon. If there is anything in these Terms & Conditions that you do not understand, or anything that is unclear you have the choice to ask us.

THESE TERMS & CONDITIONS
This page outlines our “Terms & Conditions”. Also know as “Terms of Service”, “Terms of Use” and “End User License Agreement”. These guidelines contained herein outline what we do, with whom, when, how and also any restrictions and clauses of exclusion. These are the parameters of our agreement with you.
The onus is on you to read and familiarize yourself with our Terms & Conditions and any other documents referred to herein, before you interact or access our website. This document will help you understand how we operate, the agreement you enter into with Chillihead and also for you to know your rights. Please read these Terms & Conditions carefully.
By using and interacting with this website, you agree to the Terms & Conditions. By accepting the Terms & Conditions when asked to by checking a box acknowledging your acceptance, you state that you have read, understand and accept our Terms & Conditions.

If you do not accept our Terms & Conditions, you have the option not to use or interact with our website.

WHO IS CHILLIHEAD
We are an online store that sells quality, open pollinated rare and unusual chilli seeds for the home grower and various chilli related products if and when available.

WHAT DOES CHILLIHEAD OFFER/SELL
We offer/sell quality, open pollinated rare and unusual chilli seeds for the home grower for the purposes of growing chillies. We also sell artisanal seasonal chilli products to the chilli enthusiast if and when available. We also sell growing equipment/supplies as well as growing kits. Chilli related merchandise if and when available and also offer growing courses on occasions.

WHO WE SELL TO
We sell to the public. Customers have to be 18 years of age or older. We do not sell our products to minors knowingly. Minors wishing to purchase from our site, will need to get their parents to make purchases. We cater for Home Growers.

WHAT WE DO NOT OFFER
We do not sell fresh chillies or chilli seedlings/plants.
We do not offer guidance on growing chillies. When you purchase chillies from us, we presume you know how to grow them. We will endeavor to provide free information on our site that can assist you with growing chillies. But we do not offer assistance or guidance with germinating or growing of chillies.
We do not have a destination shop and are an online shop only.
We do not sell seeds in bulk or to large Agricultural concerns. Our seeds are “Open Pollinated” and unsuitable for large Agricultutral concerns.
We do not facilitate collections from our premises or other locations.

WHAT YOU GET
All Chillihead seeds are sold in packets of no less than 10 chilli seeds. These seeds are harvested from mother plants as advertised. Our seeds are open pollinated seeds. This means that while we can guarantee that the seeds that you are purchasing from us are harvested from the mother plant (as advertised), we can not guarantee that your plant will be true to the mother plant. As most chillies are great hybridizers and given our open pollination growing, there is a chance, however small,  that a hybridized plant may manifest on growing from our seeds.

VIABILITY OF SEEDS
Chilli seeds are a living organic product. The success rate of seed germination and plant growth is subject to a number of contributing factors. The success rate of seed germination is to a large degree dependent on your ability to providing these factors optimally. Our liability is to the value of the goods purchased and we will not take responsibility for the germination of the seeds, plant growth or the resultant crops.

CHILLI SAUCES, DRIED CHILLI PRODUCTS AND OTHER CHILLI RELATED GOODS
All our products are locally manufactured and harvested from natural products. All sauces are hand crafted to perfection. We strive to include nothing but the best ingredients and wherever possible use only labeled organic ingredients. Our products are non-irradiated and wherever possible contain no: artificial colourants, ingredients, flavour enhancers, thickeners, preservatives, GMO, MSG or chemicals.

CUSTOMER ACCOUNTS
All customers are required to register an account on our site before they can purchase goods from our store. This is to ensure that we have your basic contact information so our website (we) can communicate with you. To register an account on our website, we will require customers to provide us with personal identifiable information such as:

• First & Last Name
• Email Address
• Contact Number

We do not keep any customer banking information on our site.
When registering an account you provide this information knowingly and are happy to give us this information. If you do not wish to give us this information, you do not have to register an account. The choice is yours. If you have any doubts or concerns regarding the information you are giving us, you are welcome to read our PRIVACY POLICY which explains how we collect your information, why and what we do with it.
By registering an account on our website you agree that you have read and accept to be bound by these Terms & Conditions as well as our PRIVACY POLICY.

PRIVACY POLICY
Our Privacy Policy explains how we collect and process information/data about you during your visit to our site. For more information about how we collect and process information/data about you, please see our PRIVACY POLICY.

WEBSITE SECURITY
We take our customers privacy and information very seriously. We endeavour to maintain best security practices and protocols on our site. This is not just to protect you, but also us.

DATA PROTECTION
We value our customer’s privacy. Our website is in keeping with GDPR (General Data Protection Regulation) which is an important component of EU Privacy Law and considered to be the world’s strongest set of data protection rules, which enhance how customers can access information and how they can manage this information. Our website allows Customers to access, request and manage information we keep about them through the GDPR TOOLS available on our site. For more information about our website’s GDPR features and and how we process information/data about you, please see our PRIVACY POLICY.

WEBSITE INFORMATION
The contents of this website is the exclusive property of Chillihead. Any unauthorized use, distribution or reproduction of pictures, graphics, copy and intellectual materials contained within this site is prohibited. We reserve the exclusive rights to this material. Any attempts at using our material will be punishable by the full extent of the law.

DELIVERY INFORMATION

PACKAGING
All our seeds are sold in lots of no less than 10 seeds per packet. All seeds are packaged in zip lock bags ±40x60mm. Each zip lock bag is labeled with Common Name, Scientific Name and Storing Instructions. Depending on the size of your order and your choice of delivery, your order will be dispatched in either a Flyer (Courier Sleeve) or box.

PROCESSING
The website will notify you via email as your order is processed to keep you informed.

• On placing the order online, the website will send an order confirmation and banking details for you to make EFT payment.
• It is important you send us your proof of payment as soon as is possible to avoid any delays.
• On receiving your order, we will start processing your order.
• The website will notify as soon as we have processed your order and your order is awaiting dispatch to the Couriers.
• Once we are in receipt of your proof of payment/payment, we will dispatch your order to the Couriers.

PLEASE NOTE: No orders will be dispatch until we are in receipt of payment.

HOW LONG DOES THIS TAKE?

• Orders are processed as quickly as possible (depending on size of order 1-2 business hours).
• In exceptional cases where there is a lead time indicated for goods that need to be made once ordered, this can take longer.
• Orders are processed during business hours ONLY. No orders are processed on weekends or public holidays.

CUSTOMER DELIVERY INFORMATION
The onus is on you, the customer, to ensure that the information you provide us with is correct and current at the time of order. Failure to provide us with the correct personal information may result in orders not being processed or your order/shipment being lost. As we can only go on the information you provide us with, we will not take any responsibility for the loss of your order/shipment due to incorrect/incomplete information being provided. Any orders that are re-routed back to us will result in additional costs for handling and re-sending the parcel again.

When you submit your order, you are presented with a final visual of your delivery information. Please ensure we have these correct details:

• First & Last Name of recipient
• Contact Number
• Company Name (If applicable)
• Complex Name, Building Name, Unit No
• Street Address
• Suburb (VERY IMPORTANT)
• City
• Area Code
• Province

ORDER DETAILS
The onus is on you, the client, to ensure that the order you submit to us with is correct.
When you submit your order, you are presented with a final visual of your order information. Please ensure you have checked that your order contains:

• Correct Products – no incorrect, missing or unwanted products
• Correct Quantities for each item ordered

COLLECTIONS
We do not allow for collections. No exceptions. All our goods are shipped.

DELIVERY OPTIONS

INTERNATIONAL
We do not ship Internationally (outside South Africa). No exceptions.

DOMESTIC (SOUTH AFRICA)
All deliveries within South Africa are executed through reputable Courier services. There are a number of options for delivery. These will be presented to you at time of checking out your order from the site. These will depend on your order (Size/volume and weight), your location and final destination of the delivery. The options are follows:

GAUTENG
We are based in Gauteng. There are a number of options for delivery:

PUDO 2 PUDO LOCKER
Your order will be delivered anywhere within Gauteng to a Pudo Locker of your choosing. Max Size: 60x41x41cm Max Weight: 20kg Delivery Time: (Main Centres): 1-2 Days (Outlying Areas): 2-3 Days* *** Price: Will be calculated at checkout.

THE COURIER GUY GAUTENG FLYER
Your order will be delivered to an address of your choice within Gauteng (Gauteng ONLY).
Max Size: Flyer (Courier Sleeve)
Max Weight: 2kg
Delivery Time: Same Day Flyer (Order & Payment received before 08:00 weekdays): Overnight Flyer (Order & Payment received before 13:00 weekdays)* **
Price: Will be calculated at checkout.

PUDO 2 DOOR
Your order will be delivered to an address of your choice.
Max Size: Various Options Available
Max Weight: Various Options Available
Delivery Time: (Main Centres): 2-3 Days (Outlying Areas): 3-5 Days*
Price: Will be calculated at checkout.

POSTNET 2 POSTNET
Your order will be delivered to a POSTNET branch of your choice.
Max Size: 50x40x25cm
Volume Max: 5000 Max Weight: 5Kg Delivery Time: 3-5 Days*
Price: Will be calculated at checkout.

THE COURIER GUY GAUTENG BOX
Your order will be delivered to an address of your choice within Gauteng (Gauteng ONLY).
Max Size: 50x50x50cm
Volume Max: TBA
Max Weight: 5kg Delivery Time: 1-2 Days*
Price: Will be calculated at checkout.

NATIONAL (OUTSIDE GAUTENG)
There are a number of options for National delivery:

PUDO 2 PUDO LOCKER
Your order will be delivered anywhere within Gauteng to a Pudo Locker of your choosing.
Max Size: 60x41x41cm
Max Weight: 20kg
Delivery Time: : (Main Centres): 2-3 Days (Outlying Areas): 3-5 Days* ***
Price: Will be calculated at checkout.

PUDO 2 DOOR
Your order will be delivered to an address of your choice.
Max Size: Various Options Available
Max Weight: Various Options Available
Delivery Time: (Main Centres): 2-3 Days (Outlying Areas): 3-5 Days*
Price: Will be calculated at checkout.

POSTNET 2 POSTNET
Your order will be delivered to a POSTNET branch of your choice.
Max Size: 50x40x25cm
Volume Max: 5000
Max Weight: 5Kg
Delivery Time: 3-5 Days*
Price: Will be calculated at checkout.

THE COURIER GUY NATIONAL OVERNIGHT FLYER
Your order will be delivered to an address of your choice within South Africa.
Max Size: Flyer (Courier Sleeve)
Max Weight: 2kg Delivery Time: (Main Centres): 1-2 Days (Outlying Areas): 2-3 Days*
Price: Will be calculated at checkout.

DISCLAIMER:
* These are timelines given by the Couriers. We have no control over the delivery times. These timelines will be subject to change in the event of unforeseen delays (but not limited to) strike action, transport issues, power outages, courier error, holidays, disasters, riots etc which may delay delivery. Chillihead takes no responsibility for delivery times. All times given are during weekdays. No dispatches or collections are made on weekends or public holidays. ** The Gauteng Same Day Flyer service is only offered to select parts of Gauteng (not all areas). Areas in Gauteng that are not serviced same day will be serviced overnight. For further details please see the THE COURIER GUY SAME DAY DELIVERY MAP *** Pudo 2 Pudo Locker deliveries have to be collected within 36 hours from notification of delivery. Failure to do so will result in items being returned to sender (Chillihead). In the vent that an order is returned to Chillihead. The order will have to be dispatched again at the customers expense.

ORDER CUT OFF TIMES FOR DISPATCH
Orders are dispatched every working day.
Dispatches take place in the morning and afternoon. For orders to be dispatched to the Couriers we require orders & payments to be received by 08:00am & 13:00pm daily (weekdays).
No orders are dispatched on weekends or public holidays.
During our Peak Growing Season (August – April) we may reserve the right to only dispatch once a day.

COURIER RESTRICTIONS
Our couriers will only deliver to physical addresses or Pudo Lockers. The couriers do not deliver to PO Boxes.

COURIER ADDITIONAL CHARGES
The Couriers may levy additional charges for shipping to:

• High risk areas
• Access Restricted Areas – such as Campuses, Government Buildings & Sites, Military Bases, Power Stations etc
• Remote Locations – Such as Plots & Farms without main road access.

These additional charges will be communicated to you as soon as we have been notified by the Couriers.

SHIPPING INSURANCE
“Shipping Insurance” can be purchased additionally when checking out your order.
“Shipping Insurance” will cover your order for damage, loss or theft while in transit with the shipping company.
The value of insuring your order will be worked out automatically and added additionally to your Invoice if selected and is based on the total value of your order.
If you have chosen to take out “Shipping Insurance” on your order, we will replace goods that were damaged or lost in transit and resend it to you.
If you have chosen not to take out “Shipping Insurance” on your order and it is damaged, lost or stolen while in transit, we will take no responsibility for the replacement of your order.

FREE DELIVERY
There is currently no offers for Free Shipping on our site.

Free Shipping is not applicable during sales.

Orders comprising products other than seeds will incur weight based charges.

Free local Shipping will be in the form of Pudo to Door delivery.

Should you wish to avail yourself of another shipping method other than the Pudo to Door service offered for Free Shipping, you can choose to do so when checking out. Alternate shipping methods however, will be for the customers account and at the full charge applicable.

FAILED ADDRESS DELIVERY
In the event that a delivery to an address can not be executed, for whatever reason, delivery will be rescheduled for the next working day. On the third failed attempt, the order will be returned to sender (Chillihead). In the event that an order is returned to Chillihead. The order will have to be dispatched again at the customers expense.

OUR RETURN POLICY
As a Consumer, you have rights. We honor our Customer's rights to change their mind and/or avail themselves to remedies in the event that there is a claim against the products provided by Chillihead.
You are entitled to return your purchase within 7 days from receipt of order for a refund subject to our CONDITIONS OF RETURN (Please see below).

NATURE OF THE RETURN

• In the event that you are returning goods due a fault with the product. We will deem this to be a "Claim”.
• In the event that you are returning a food item due to spoilage. Will will deem this to be a "Claim"
• All other returns will be deemed to be a "Refund"

HOW TO INITIATE A RETURN

• You can go to our "Returns" page on our site and submit your claim or refund request.
• You can go to our "Contact Us" page on our site and submit your claim or refund request.

We will make contact with you within 24 working hours after receiving your Return request.

RETURNING THE GOODS

• In the event that goods are being returned due to a claim, we will arrange the return shipping for the goods.
• In the event that goods are being returned due to a refund, return shipping is for the customer's account. We do not arrange shipping on refund items.

WHAT CAN NOT BE RETURNED

• Opened bottled food items.
• Opened dry food items.
• Opened seed packets.
• Items with broken tamper seals.
• Used items.
• Electronic items that have been altered/modified.
• Kits/Sets with items missing.
• Products broken by the customer.
• Goods that are older than 7days from receipt of order.

GOODS INSPECTION
Once we are in possession of your returned goods. The goods will be inspected for any damage/spoilage/usage. Once goods have passed the inspection, we will initiate the Refund.

REFUND
You have the right to choose how we refund you for the goods returned. These are the options available to you:

STORE CREDIT
We will send you a Coupon Voucher Code to the value of your approved refunded amount. This Coupon Voucher Code can be used with 6 months of issue on our site to purchase further items on our site.

EFT REFUND
We will contact you to make an EFT (Electronic Funds Transfer) to the Account Details that the purchase was made with. Unfortunately we can not make payments to any other account detail

EXCHANGE
We will exchange the item for an exactly same replacement item (same model and spec). If we are not able to replace the item with an exact same item, we will communicate this and arrange for an alternate, mutually agreeable solution (another similar product, store credit or EFT refund).

HOW LONG WILL THIS TAKE?
From date of returned items having been received by Chillihead, refunds will be effected within 7-10 working days.

CONDITIONS OF RETURN

• Return shipping is for the customer's account. We do not cover the cost of return shipping.
• Refunds will be for the returned Goods only.
• The onus is on the customer to return the goods in new condition (unopened and unused).
• Items received that have been damaged in transit will not be eligible for a refund.
• We are not responsible for items being returned by the customer that are lost in transit. The onus is on the customer to ensure return items are delivered to our address.
• Refunds will exclude all delivery fees that are paid for the order.
• Refunds will be for the price paid at the time of purchase. If purchased during a Sale, the Sales price will be refunded.
• Coupons, vouchers or discounts given on the whole order will be applied pro-rata to the items being refunded.
• If your goods were part of a gift, gift voucher or purchased by a third party for you, the goods will have to be returned by the purchaser. Any refunds due will only be paid to the Account Details of the purchaser.

TRAINING COURSES
All courses taking place are subject to minimum numbers and participation. We reserve the right to cancel or postpone the event if numbers and participation are insufficient. All cancelations must be made within 7 days from booking for a full refund. All booking canceled after 7 days from making the booking will only be refunded 50% of the payment. Regretfully no refunds for cancelation 48 hours before the event. Cancelation refunds will be for booking fee only and not negotiable for/against course materials.

WEBSITE AVAILABILITY
We endeavour to maintain the availability of the website. From time to time, we will schedule website maintenance which is necessary to update content, maintain and to improve the site. While our website is being maintained, our website will be off line until the required maintenance has been completed. We endeavour to schedule these maintenance schedules to times when customers are least inconvenienced and execute the maintenance as quickly as is possible. But, we reserve the right to schedule maintenance when necessary and without notice to you.

BANNING OF CUSTOMERS
We reserve the right to ban customers from our site. There are various grounds on which customers will be banned: Any attempts at accessing site information that is restricted or can be misconstrued as malicious. Customers placing orders and not paying for their orders. Giving incorrect personal information. Customers registering when under age. Our website also has a security protocol that will automatically ban customers when suspicious activity is detected online.

AUTOMATIC DORMANT ACCOUNTS
Our website’s security protocol will automatically disable inactive accounts. This is for security reasons. Should you find that you are unable to log into the site, please contact us to have your account re-activated.

PRODUCT AVAILABILITY, STOCK & PRICING
All products on our website are subject to availability. We make all reasonable efforts to monitor the stock levels on our site and maintain this information as accurately as possible. In the event that there is an incorrect stock listing on the website for any product, price or quantity, we will endeavour to notify you as soon as is possible. In the event that you place an order for goods that are no longer available, we will endeavour to notify you as soon as is possible. In the event that you have already made payment for goods no longer available, we will contact you to arrange for a refund for the unavailable goods. We make all reasonable efforts to ensure that the goods shown on the website are as true a reflection of the products being sold to you as is possible.

CANCELATION OF ORDERS
No goods shall be deemed ordered until the goods have been checked out of the customers cart. No purchase agreement shall be considered entered into until we have accepted the order and issued an Invoice for the order. We reserve the right to refuse orders, cancel orders and close customer accounts at our discretion. Orders may only be canceled by customers up to the point where the order has been dispatched to the couriers. After this point, orders will need to be delivered and processed as a return.

RESALE OF GOODS PURCHASED
Goods may not be purchased from our website for re-sale, unless permission to do so has been granted by us in writing. 

PAYMENT
We do not handle any payments on our site, directly or indirectly through third party payment portals. We ask that customers make payments for their orders to our Banking Details provided. Proof of Payment must be emailed to us. Once payment is reflects in our account, we will dispatch your order.

PRICES, TERMS & CONDITIONS AND PROMOTIONS
Our prices, Terms & Conditions, promotions or specials are subject to change at our discretion without notice. E&EO.

The onus is on the customer to read and familiarise themselves with these Terms & Conditions, Privacy Policy and Delivery Information.

CONTACT US
Should you have any questions regarding these Terms & Conditions you can contact us HERE.