Terms & Conditions

1. LIST OF DEFINITIONS AND ABBREVIATIONS

1.1 “Approved YUCCA Credit Facility” means a credit facility as defined in section 1 of the NCA as entered into by and between YUCCA and another juristic entity and relating to a B2B Order;

1.2 “B2B Orders” means any transaction entered into between YUCCA and another juristic entity for the supply of goods and/or services;

1.3 "Business Day" means any day excluding a Saturday, Sunday or public holiday in the Republic of South Africa;

1.4 "CPA" means the Consumer Protection Act of 68 of 2008, as amended;

1.5 “Credit Application” means credit application and agreement of YUCCA, compiled in terms of the NCA, incorporated herein by reference and available at http://yucca.co.za/wp-content/uploads/2025/09/yucca-credit-application.pdf;

1.6 "Customer" means any natural or juristic person who qualifies as a consumer for the purpose of the CPA, and who Purchases goods from YUCCA, and includes the Registered User;

1.7 “Estimated Delivery Period” means estimated date or period of delivery of goods ordered as further set out in clause 7 below;

1.8 “Force Majeure” means any event beyond a party’s reasonable control including, but not limited to, strikes, lock-outs, labour disputes, pandemics, acts of God, governmental acts or regulations, power failures, Internet outages, delays of carriers and severe weather.

1.9 “NCA” means the National Credit Act 34 of 2005, as amended;

1.10 “Online Retail Orders” means any transaction entered into between YUCCA and a person for the supply of goods and/or services;

1.11 "PayFast" means PayFast (Proprietary) Limited, a private company duly incorporated in terms of the laws of the Republic of South Africa under registration number: 1999/017441/07;

1.12 "Personal Information" means the personal information as defined in section 1 of the Protection of Personal Information Act No.4 of 2013;

1.13 “Privacy Policy” means the privacy policy of YUCCA, compiled in terms of the Protection of Personal Information Act 4 of 2013, incorporated herein by reference and available at https://yucca.co.za/privacy-policy/;

1.14 "Registered User" means any natural or juristic person who has created an account on the Website;

1.15 "Republic" means the Republic of South Africa;

1.16 “Risk” means responsibility for loss or damage to goods;

1.17 "Terms and Conditions" means this document and any other document incorporated by reference;

1.18 “Title” means legal ownership in goods;

1.19 "Website" means YUCCA's official website at https://yucca.co.za/; and

1.20 "YUCCA" means Yucca Holdings (Proprietary) Limited, a private company duly incorporated in terms of the laws of the Republic of South Africa under registration number: 2001/028529/07.

2. INTRODUCTION

2.1 These terms and conditions contain certain provisions that may:-

2.1.1 limit the risk or liability of YUCCA; and/or

2.1.2 create certain risks or liability for the Customer; and/or

2.1.3 require the Customer to indemnify YUCCA against claims, losses, damages, or costs; and/or

2.1.4 constitute an acknowledgment by the Customer of certain facts.

2.2 Nothing in these Terms and Conditions is intended to, or must be interpreted as, unlawfully restricting, limiting, or avoiding any right or obligation of the Customer or YUCCA in terms of the CPA or ECTA.

3. SCOPE

3.1 The Terms and Conditions set out herein apply to all Customers who use the Website and/or purchase any products from YUCCA.

3.2 By using the Website and/or Purchasing from YUCCA the Customer: -

3.2.1 acknowledges and agrees that they have read, understood and accepted the Terms and Conditions and the Privacy Policy; and

3.2.2 represents and warrants that they are at least 18 years of age and are legally authorised to enter into a binding agreement of sale on behalf of themselves or, where applicable, the juristic entity they represent.

4. VALID SALE AGREEMENT

4.1 The Customer may place an order for goods, which YUCCA may accept or reject.

4.2 Acceptance of an order is subject to:-

4.2.1 the availability of stock;

4.2.2 the correctness of the information relating to the goods, including but not limited to the description and purchase price;

4.2.3 and the authorisation and/or receipt of payment by YUCCA;

4.2.4 Any other aspect which, in the sole discretion of YUCCA, may qualify such order.

4.3 Subject to clause 4.2, the Customer acknowledges and agrees that by selecting goods for purchase on the Website and proceeding through the checkout process to complete payment, the Customer indicates its intention to complete a valid and binding agreement of sale with YUCCA.

4.4 Subject to clause 4.2, a valid and binding sale agreement shall be deemed to have been concluded between YUCCA and the Customer once payment for the goods has been authorised and YUCCA has issued an order confirmation to the Customer.

4.5 The Customer may cancel an e-commerce order or agreement at any time within 7 (seven) days written notice to YUCCA after the date of receipt of the goods. The only charges that will be levied on the Customer is the direct cost of returning the goods (provided that the goods are in the condition that they were in at the time of receipt).

4.6 Placing goods in a wish list or shopping basket without completing the checkout and payment cycle does not constitute an order. Goods in a wish list or shopping basket may be removed if stock is no longer available or if the price changes before the purchase is completed. The Customer acknowledges and agrees that YUCCA shall not be liable if the availability or price of goods changes between the time the goods are placed in the wish list and/or shopping basket and the completion of the payment cycle.

5. PURCHASE AND PAYMENT

5.1 To purchase goods via the Website (Yucca Direct), the Customer must log into its customer account using their unique username and password, select the goods they wish to purchase, add them to the shopping basket, and proceed to checkout.

5.2 In the case of E-commerce orders, the Website will redirect the Customer to a secure payment page. Payment must be made through the authorised payment gateway, PayFast. A payment cycle will be deemed complete once authorisation of payment has been received by YUCCA.

5.3 In the case of Yucca Direct Orders, the Customer must pay via Electronic Funds Transfer into YUCCA’s bank account by means of an Approved YUCCA Credit Facility. For payments made in terms of an Approved YUCCA Credit Facility, please see the terms of the YUCCA Credit Application http://yucca.co.za/wp-content/uploads/2025/09/yucca-credit-application.pdf.

5.4 The Customer warrants that their username and password are for personal use only and undertakes not to disclose these credentials to any unauthorised third party.

5.5 Once the correct username and password have been entered, YUCCA will assume that the person using such credentials is the Customer. The Customer will therefore be liable for payment of any resulting order, whether the use was authorised or fraudulent, save for where unauthorised access is a result of YUCCA's gross negligence and/or where the order is cancelled in accordance with these Terms and Conditions.

5.6 If the Customer becomes aware, or reasonably suspects, that their username and/or password has been compromised, stolen, or fraudulently used, the Customer must immediately notify YUCCA in writing and take all reasonable steps to mitigate any loss or harm resulting from such unauthorised access.

5.7 When the Customer pays by using a credit or debit card, the Customer warrants that they are lawfully authorised to use the debit or credit card for the purpose of paying for the goods. The Customer warrants that the debit or credit card has sufficient funds available to cover the cost incurred as a result of the goods and/or services used by the Customer on the Website.

6. DELIVERY ADDRESS

6.1 The Customer is responsible for providing accurate and complete delivery and/or return addresses within the Republic. YUCCA shall not be liable for any loss, delay or failed delivery caused by incorrect or incomplete addresses.

6.2 The Customer understands and agrees that deliveries will take place during normal business hours, and it is the Customer’s responsibility to ensure that a person is available at the delivery address to accept the goods.

6.3 YUCCA reserves the right to contact the Customer to arrange alternative delivery methods or timelines if the delivery address is remote or impractical to access.

7. DELIVERY

7.1. Delivery charges

7.1.1. YUCCA offers two methods of delivery of goods to the Customer:-

7.1.1.1. in the case of E-commerce shop orders, delivery by third-party service providers; or

7.1.1.2. in the case of B2B Orders (Yucca Direct), delivery by third-party service providers.

7.1.2 For E-commerce orders, all orders placed with a value equal to or greater than R2000 Incl. VAT (excluding delivery charges), will be eligible for free delivery. Orders placed below the value of R2 000 Incl. VAT, will subject to a flat rate delivery charge of R230 incl. VAT.

7.1.3 For B2B (Yucca Direct) orders, all orders placed with a value equal or greater than R1500 ex VAT, will be eligible for free delivery. The customer will have a designated Yucca support team that will advise when delivery can be expected. All orders placed below the value of R1 500 ex VAT, will subject to a flat rate delivery charge of R150 ex VAT. Customers can contact their sales representative at any time to request an update on their delivery.

7.1.4 Should YUCCA’S third-party service provider be unable to deliver the goods to the Customer’s chosen address, YUCCA will notify the Customer of this as soon as reasonably practicable. The Customer may, within 7 (seven) days of receiving such notification elect whether or not to cancel the order for the goods or change the delivery address to another accessible address within the Republic. If the Customer elects to cancel the order in such circumstances, YUCCA will reimburse the Customer for the purchase price and the order will be cancelled.

7.2 Risk and Title

7.2.1 Risk in all goods ordered passes to Customers on delivery to the delivery address.

7.2.2 Notwithstanding that Risk passes on delivery, Title to any goods remains with YUCCA until YUCCA has received payment in full (clear funds) for such and for all other amounts owing by a Customer to YUCCA (Retention of Title), whether in a once-off transaction or in terms of an Approved YUCCA Credit Facility.

7.2.3 Until Title passes:

7.2.3.1 If the Customer resells any goods prior to Title passing, the Customer must hold the proceeds on trust for YUCCA and must account accordingly;

7.2.3.2 YUCCA shall, in its sole discretion, without notice to the Customer, be entitled to take possession of any such goods which have not been paid for and in respect of which payment is overdue, in which event the Customer shall be entitled to a credit in respect of the goods so returned being the price at which the goods are sold or the value thereof as determined by YUCCA; and/or

7.2.3.3 The Customer waives any right it may have for a spoliation order against YUCCA in the event that YUCCA takes possession of any goods.

7.3 Estimated Delivery Periods

7.3.1 All orders placed and paid for before 14:00 on a Monday to Friday will be processed and dispatched on the same Business Day.

7.3.2 The Estimated Delivery Period for:

7.3.2.1 orders placed in Central Cape Town is expected to be the next Business Day.

7.3.2.2 The Estimated Delivery Period for orders placed in the rest of the Republic is expected to be 1-3 Business Days.

7.3.3 For the purpose of this clause 7, an order is deemed to have been placed once the Customer has submitted the order, YUCCA has received the order, and payment for the goods has been authorised.

7.3.4 YUCCA shall not be liable for any direct or indirect loss arising from non-delivery or delay in delivery of any good sold from any cause whatsoever beyond its control and YUCCA shall not be liable for any damages whatsoever (whether consequential or otherwise) sustained by the Customer and arising from such non-delivery.

7.3.5 The Customer understands and agrees that the delivery period indicated in clause 7.2.1 to 7.2.3 may change due to unforeseen circumstances beyond YUCCA's reasonable control, including but not limited to stock availability or the delivery address not being accessible.

7.4 Delivery by third party service provider – E-Commerce

7.4.1 Once an order has been placed, the Customer will receive an order confirmation from YUCCA reflecting the order details, including but not limited to, Customer details, order summary and shipping and/or delivery information.

7.4.2 The Customer may track the order via the tracking facility provided by the third-party service provider.

7.4.3 YUCCA's liability to the Customer ends when the goods are dispatched to the third-party service provider and YUCCA will not be liable for any loss, damage, destruction and/or unauthorised access or use of the goods once the goods have been dispatched to the third party service provider for delivery.

7.5 Delivery by third party service provider – Yucca Direct

7.5.1 Once an order has been placed by the Customer, the Customer will receive an order confirmation from YUCCA.

7.5.2 The Customer may track the order by contacting the YUCCA support team.

7.5.3 YUCCA's obligation to deliver the goods to the Customer is fulfilled once the goods have been delivered to the delivery address indicated by the Customer. YUCCA will not be liable for any loss, damage or unauthorised use of the goods after it has been delivered to the address nominated by the Customer, except to the extent that such loss or damage is caused by YUCCA's misconduct and/or gross negligence.

8. RETURN POLICY

Eligibility of returns:

8.1 The Customer may return any purchase of goods made on YUCCA’s e-commerce platform after purchase and within 7 (seven) days of receipt of the goods. No reason need be given by the Customer for this cancellation and the Customer will not be penalised therefor. However, the Customer will be liable for the direct cost of returning the goods to YUCCA in the form of reasonable courier and/or shipping costs, which services will be provided by the couriers/shippers under contract to YUCCA at that time. This cancellation without reason or penalty as set out in this clause shall not apply to the purchase of:

8.1.1 Food, beverages or goods intended for consumption or any other goods which will deteriorate or expire rapidly;

8.1.2 Goods made to the Customer’s specifications or that are clearly personalised to the Customer;

8.2 In addition to the aforesaid, a Customer may return goods and receive a full refund under any of the following circumstances:-

8.2.1 Goods were purchased as a result of direct marketing, and the sale agreement between YUCCA and the Customer was cancelled in writing by the Customer within 5 Business Days;

8.2.2 The Customer did not have an opportunity to examine the goods prior to delivery and rejects them upon delivery for any valid reason;

8.2.3 YUCCA delivers a mixture of goods, and the Customer refuses delivery of some or all of such goods; and/or

8.2.4 On e-commerce, the goods were purchased for a specific purpose, communicated to YUCCA, and within 10 Business Days the goods are found unsuitable for that purpose; provided that the aforementioned goods were returned by the Customer to YUCCA within 10 Business Days.

8.3 Returns made in terms of:-

8.3.1 clause 8.2.1 must be made at the Customer’s own risk and expense;

8.3.2 clause 8.2.2 to 8.2.4 must be made at YUCCA’s risk and expense.

8.4 The right of a Customer to return goods in terms of this clause 8 will not apply if: -

8.4.1 Public health or other regulations prohibit the return of such goods once supplied; and/or

8.4.2 The goods have been disassembled, altered, permanently installed, affixed, joined with other goods, or embedded in other property after delivery.

8.5 Upon valid return of goods in terms of this clause, YUCCA will refund the full price paid, less any applicable charges as set out below.

8.6 YUCCA may impose no charge if the goods are returned in original, unopened packaging.

8.7 If goods are returned:

8.7.1 in their original condition but the packaging has been opened, YUCCA may charge a reasonable amount for:

8.7.1.1 use of the goods while in the Customer’s possession, except for goods that are typically consumed or depleted (unless actual depletion occurred); and/or

8.7.1.2 any actual consumption or depletion, unless necessary for the Customer to determine if the goods were acceptable.

8.7.2 in all other cases, YUCCA may charge a reasonable fee for:

8.7.2.1 necessary restoration costs to render the goods suitable for re-stocking, unless destruction of packaging was necessary to assess conformity or fitness for purpose.

8.8 YUCCA recognises that the Customer has the right to goods that are reasonably suited for the purposes for which they are generally intended, that are good quality, in working order and free of defects, and are durable enough to be used for a reasonable amount of time. If the goods that were supplied by YUCCA through online purchase do not meet these criteria then the Customer may, within 6 months of delivery, return those goods to YUCCA and choose as to whether it would like YUCCA to repair, replace or refund those goods. If the Customer chooses for YUCCA to repair those goods, and once again those criteria are not met, then the Customer may return those goods to YUCCA within 3 months of repair and may choose whether YUCCA must replace or refund it for those goods.

8.9 Once payment is received for an online purchase and YUCCA does not deliver the goods within 30 (thirty) days, the Customer is entitled to cancel the agreement, but must do so in writing with 7 (seven) days’ notice to YUCCA. If the Customer chooses to cancel the purchase, YUCCA will refund the Customer with the purchase price within 30 (thirty) days of the Customer’s notice of cancellation.

8.10 In the unlikely event of YUCCA having erred in the pricing of goods on the Website and during the transaction, and prior to YUCCA delivering the goods to the Customer, YUCCA reserves the right to cancel the agreement.

8.11 The Customer understands that the provision of goods from YUCCA to the Customer is subject to availability. Even if the Customer has placed an order and/or received order confirmation, if the goods are not in stock, YUCCA may cancel the order, notify the Customer and as soon as reasonably possible, but within 30 days, refund the Customer for the purchase price.

8.12 Another proposed cancellation which does not fall into the parameters of cancellation set out above, will be determined on a case by case basis, on good cause shown, in YUCCA’s sole discretion only and in such terms YUCCA deems fair and equitable with no liability on YUCCA’s part for any damages suffered.

How to log a return:

8.13 Returns must be logged with our Customer Service Team at web@yucca.co.za within the periods specified in this clause.

8.14 When logging a return, the Customer must include the following details in the email:

8.14.1 order number;

8.14.2 product code(s);

8.14.3 reason for return; and

8.14.4 photos of the goods being returned (for damaged or defective items).

8.15 Once the Customer has logged a return as specified above, the Customer must await confirmation that the return is received, after which the return will either be approved or denied. If a return is approved, the Customer must return goods to the designated address at their own cost, unless stated otherwise in this clause 8.

General:

8.16 Approved returns will be processed within 7 Business Days of YUCCA receiving the goods at the return address.

8.17 Refunds will be issued via the original method of payment, unless otherwise agreed.

8.18 Shipping charges are non-refundable, unless the return is due to YUCCA’S error.

8.19 Despite the provisions herein, nothing in these Terms and Conditions is intended to limit or restrict the rights of a Customer under the Consumer Protection Act, 68 of 2008 (“CPA”).

9. LIMITED WARRANTIES AND DISCLAIMERS AS TO GOODS SOLD

9.1 All goods sold are guaranteed according to YUCCA’s manufacturer’s product specific warranties only.

9.2 YUCCA does not make any warranties express or implied as regards goods sold, except as provided for herein and/or as provided in terms of relevant legislation.

9.3 All tests conducted by YUCCA and information furnished pursuant thereto to the Customer are a recommendation only and shall under no circumstances be construed as constituting a warranty furnished by YUCCA.

9.4 All drawings, photographs, descriptive matter, weights, dimensions and shipping specifications submitted are intended merely to present a general idea of the goods described therein and their use shall not in any circumstances constitute a warranty of representation that the goods will conform to the description.

9.5 YUCCA will make every endeavour to ensure that the goods sold are in accordance with a Customer’s requirements, but YUCCA gives no warranty, express or implied, nor any representation that the goods sold by YUCCA are suitable for the purpose for which they have been ordered.

9.6 It is the sole responsibility of the Customer to ensure that the goods sold are compatible with that Customer’s product.

9.7 The Customer excludes liability for any loss or damage suffered (including consequential loss) arising either directly or indirectly from any chemical or physical incompatibility of whatsoever nature between any product manufactured or designed by the Customer and any product contained, bottled, packed, stored or transported therein.

9.8 Should a Customer have performed tests with YUCCA’s products to ascertain which of its products is best for the purpose intended, its advice to that Customer constitutes a recommendation only and not a representation.

9.9 Where the Customer supplies goods to the specifications furnished by YUCCA, no liability for any loss or damage whatsoever shall attach to YUCCA in the event of the goods sold failed to meet the Customer’s standard of quality.

10. LOYALTY PROGRAMME TERMS AND CONDITIONS

10.1 For purposes of this section: -

10.1.1“Yucca Rewards” means the Yucca Packaging customer rewards programme in terms of which Customers accumulate Loyalty Points upon making Qualifying Purchases;

10.1.2 “Loyalty Cash Back” means 5% cash back allocated to a Customer’s account for Qualifying Purchases, subject to the terms of this Agreement; and

10.1.3 “Qualifying Purchase” means goods which are identified as such by YUCCA on the Website and which has not been excluded by this clause 10.

10.2 Only orders completed on the Website will qualify for Loyalty Cash back.

10.3 The Customer agrees and acknowledges that participation in the Loyalty Programme is voluntary and free of charge.

10.4 Loyalty Cash back of 5% is awarded to the Customer for each Qualifying Purchase of goods through the Website and is earned solely on the value of goods purchased, excluding delivery charges. Cash back will be allocated once the payment for such goods has been authorised.

10.5 Loyalty Cash back will be redeemable by the Customer for the sole purpose of providing discounts on that or future purchases from YUCCA, and are not under any circumstances exchangeable for cash, credit or refunds and cannot be used for discounts on delivery costs.

10.6 All orders placed through Yucca Direct online portal or through contacting YUCCA directly, will not be eligible for loyalty cash back.

10.7 All Loyalty cash back shall automatically expire in full on 30 June of each calendar year without notice to the Customer, irrespective of the date on which they were accrued, after which date Loyalty cash back cannot be reinstated.

10.8 YUCCA may in its sole discretion exclude certain products, categories or promotions from earning or redeeming Loyalty Points.

10.9 YUCCA reserves the right to suspend or terminate the Loyalty Programme on written notice.

11. COOKIE POLICY

11.1 This clause 11 explains how YUCCA uses cookies and/or similar technologies when a customer accesses the Website and should be read together with the YUCCA Privacy Policy.

11.2 Cookies are small text files placed on your device when you visit the Website which enable the Website to recognise your device, remember your preferences and enhance your browsing experience.

11.3 YUCCA makes use of the following categories of cookies:

11.3.1 Strictly Necessary Cookies, which are essential for the functioning of the Website, including enabling navigation, secure login, and use of shopping cart features. Strictly Necessary Cookies cannot be disabled;

11.3.2 Performance and Analytics Cookies, which collect information about how visitors use the Website, such as pages visited, time spent, and error reports. Performance Analytics Cookies help YUCCA improve the functionality of the Website;

11.3.3 Functionality Cookies, which remember user preferences and settings, including but not limited to delivery addresses, account login details and language preferences; and

11.3.4 Targeting and Advertising Cookies, which are used (with the necessary consent from the Customer) to deliver marketing content and advertisements relevant to the Customer’s interests and track the effectiveness of YUCCA’s marketing campaigns.

11.4 YUCCA may allow authorised third-party service providers to place cookies on a Customer’s device when the Customer visits the Website. Such third-party service providers may collect information about the Customer’s online activities over time and across different websites.

11.5 The Customer may refuse or disable cookies, excluding Strictly Necessary Cookies, by adjusting their browser settings. The Customer acknowledges and agrees that certain features of the Website may not function properly without cookies.

11.6 By visiting the Website, the Customer consents to the use of cookies as described in this Agreement. Where required by law, YUCCA will request the Customer’s consent before placing non-essential cookies on such Customer’s device.

11.7 YUCCA reserves the right to amend its cookie policy in terms of this clause 11 from time to time and publish such amendments on its Website. Continued use of the Website after any amendments constitutes acceptance the cookie policy as amended.

12. ERROR

12.1 YUCCA shall take all reasonable steps to ensure that the information displayed on its Website is accurate, including, but not limited to the: -

12.1.1 description of goods;

12.1.2 availability of goods;

12.1.3 purchase price; and

12.1.4 delivery charges.

12.2 Notwithstanding clause 11.1, should there be an error of whatever nature on the Website, YUCCA shall not be liable for any loss, claim, or expense arising from a transaction based on such error, except to the extent that the loss, damage, or claim is caused by YUCCA’s gross negligence or as specifically provided below:-

12.2.1 if the purchase price was incorrectly indicated on the Website and the Customer has paid more than the correct price, YUCCA shall refund the Customer the excess amount;

12.2.2 as provided for in the Return and Refund Policy; and/or

12.2.3 as otherwise indicated in this Terms and Conditions document.

13. WEBSITE USE

13.1 The Website may not be used for unlawful purposes or to interfere with its operation. YUCCA reserves the right, at its sole discretion, to restrict or block access to any person or entity who uses or purports to use the Website for these purposes.

14. INTELLECTUAL PROPERTY

14.1 All content on the Website and all goods sold by YUCCA, including but not limited to any trademarks, text, images, designs, sketches, artwork engraving, negatives, stereos, dies, moulds and other special origination work, produced by of for YUCCA to manufacture goods for a Customer is owned by or licensed to YUCCA which shall remain the owner or licensee of thereof and may not be reproduced, copied, sold or used for any purposes other than for personal use without prior written consent by YUCCA.

15. PRIVACY

15.1 YUCCA is committed to protecting the privacy of its Customers, as more fully set out in YUCCA’s Privacy Policy.

16. VARIATION

16.1 YUCCA may, in its sole discretion, amend these Terms and Conditions at any time. The Customer acknowledges and understands that it is their responsibility to regularly review the Terms and Conditions. If the Customer does not accept any amended Terms and Conditions, they should refrain from making any purchases from YUCCA or using the Website.

17. ELECTRONIC COMMUNICATION

17.1 By visiting the Website or contacting YUCCA via email or social media platforms, the Customer consents to receiving marketing and related communications from YUCCA in terms of its Privacy Policy, its affiliates, or partners electronically, unless the Customer opts out in accordance with YUCCA’s clause 7.5 of the Privacy Policy.

18. TRANSBORDER FLOW OF INFORMATION

18.1 By using this Website and/or Purchasing goods from YUCCA, the Customer expressly consents to the transfer and storage of their Personal Information outside of the Republic, where such transfer is necessary for business purposes, in accordance with clause 9.5 of YUCCA's PAIA Manual. The Customer acknowledges and accepts that YUCCA take reasonable steps to ensure that appropriate safeguards are in place to protect the confidentiality and integrity of the Customers Personal Information; however, YUCCA cannot guarantee that the recipient country will be subject to the same data protection obligations that apply under the Republic.

19. DISCLAIMER

19.1 The Customer uses the Website entirely at its own risk and assumes full responsibility for any loss, damage, or risk arising from the use of the Website and reliance on the information contained therein, except to the extent otherwise provided by law.

19.2 While YUCCA takes reasonable measures to ensure that the information available on its Website is accurate and complete, YUCCA makes no warranties, express or implied, regarding the quality, timeliness, operation, integrity, availability, or functionality of the Website, or the accuracy, completeness, or reliability of any information displayed on the Website.

19.3 YUCCA uses PayFast as a secure third-party payment gateway. The Customer acknowledges that YUCCA is not responsible for errors, delays, unavailability, failures, or unauthorised transactions caused by PayFast. The Customer assumes all risk related to PayFast, except for losses caused by YUCCA’s gross negligence or wilful misconduct.

19.4 YUCCA makes no warranty or representation, whether express or implied, that the information or data available on the Website are free from viruses, malware, spyware or any similar harmful data or code. The Customer accepts all risk associated with the presence of such viruses or destructive materials, or any data or code capable of corrupting, disrupting, compromising, or otherwise harming the operation or content of a computer system, network, handset, or any hardware or software, except where such risk arises from the gross negligence or wilful misconduct of YUCCA, its employees, agents, or authorised representatives.

20. AVAILABILITY AND TERMINATION

20.1 YUCCA will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and may, at its sole discretion, discontinue, modify or suspend the Website or any part thereof, with or without notice to the Customer.

20.2 The Customer may at any time discontinue use of the Website.

21. FORCE MAJEURE

21.1 YUCCA will not be liable for delay or failure to perform due to any Force Majeure event. Where a Force Majeure event subsists for more than 30 days, either party may terminate the affected order by written notice. YUCCA will attempt to notify Customers of material disruptions.

22. INDEMNITY

22.1 The Customer indemnifies YUCCA against all claims brought against a Customer by third parties and costs arising therefrom, in relation to any cause whatsoever in connection with the Terms and Conditions, in respect of any services rendered by YUCCA or in respect of goods sold to or manufactured for a Customer which includes any claims for damages for personal injury, or arising out of an infringement of the proprietary rights of any person.

23. JURISDICTION

23.1 This Website and the Terms and Conditions are governed by the laws of the Republic of South Africa.

24. DOMICILIUM

24.1 YUCCA selects Unit 1 Reserve 5, Capricorn Way, Brackenfell, Western Cape, 7560, as the address where YUCCA will accept delivery of all formal notices and legal processes in connection with these Terms and Conditions ("domicilium address"). YUCCA may change its domicilium address to any other address in the Republic from time to time by updating these Terms and Conditions.

24.2 The Customer selects the delivery address specified by the Customer as the address where they will accept delivery of all formal notices and legal processes in connection with these Terms and Conditions ("domicilium address"). The Customer may change their domicilium address to any other address in the Republic by giving YUCCA 7 (seven) Business Days written notice.

24.3 Any notice or communication sent in terms of this paragraph 21 is valid and effective only if it's given in writing and in English, provided that any notice given by email is regarded for this purpose as having been given in writing.

24.4 All notices and/or communications sent in terms of this clause 21 by:-

24.4.1 hand will be deemed to have been received by the recipient on the date of delivery (provided it was delivered to a responsible person during ordinary business hours); or

24.4.2 prepaid registered post, will be deemed to have been received 7 (seven) Business Days after the date of posting; or

24.4.3 by email is deemed to have been received within four hours of transmission if it is transmitted during normal business hours of the receiving party or within four hours of the beginning of the next Business Day at the destination after it is transmitted, if it is transmitted outside those business hours.

25. GENERAL

25.1 Any waiver of any right or remedy under these Terms and Conditions or by law is only effective if given in writing and is not deemed a waiver of any subsequent breach or default. A failure to exercise or a delay by YUCCA or a Customer in exercising any right or remedy provided under these Terms and Conditions or by law does not constitute a waiver of that or any other right or remedy, nor does it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these Terms and Conditions or by law prevents or restricts the further exercise of that or any other right or remedy.

25.2 No agreement to vary, add to or cancel these Terms and Conditions shall be of any force or effect unless recorded in writing and signed by or on behalf of all of the Parties to a transaction.

25.3 Each clause of these Terms and Conditions is severable, the one from the other and if any one or more clauses are found to be invalid or unenforceable, that clause/clauses shall not affect the balance of these Terms and Conditions, which shall remain of full force and effect.

26. SUPPORT AND CUSTOMER CARE

26.1 Should the Customer require any assistance, further information, or wish to submit a complaint, such correspondence may be addressed to: -

26.2 Telephone: 021 949 2296

26.3 Email: web@yucca.co.za  

26.4 For Attention: YUCCA

27. COMPANY INFORMATION

27.1 This Website is run by YUCCA. The company information is as follows:

27.2 Full Name: Yucca Holdings (Proprietary) Limited, duly incorporated in terms of the laws of the Republic of South Africa under registration number: 2001/028529/07

27.3 Trading Name: Yucca Packaging

27.4 VAT Number: 4130196845

27.5 Physical Address: Unit 1 Reserve 5, Capricorn Way, Brackenfell, Western Cape

27.6 Phone Number:

27.7 Email Address: web@yucca.co.za

27.8 PAIA Manual: https://yucca.co.za/privacy-policy/

27.9 Cookie Policy: https://yucca.co.za/privacy-policy/