01 Definitions and application
1.1 "We", "us", "our" means Malkerns Produce Market, trading at Malkerns Square, Pine Acres, Eswatini. "You" means any person who uses the Website, joins the Group, engages the Assistant, or purchases Goods from us.
1.2 "Website" means malkernsproducemarket.com. "Group" means our WhatsApp broadcast group. "Assistant" means Andile, our automated WhatsApp service. "Goods" means fresh produce, groceries, flowers, packaging and frozen or chilled products offered by us.
1.3 These Terms govern all of the above. By using any of them you accept these Terms. If you do not accept them, do not use the Website, the Group or the Assistant.
1.4 These Terms do not limit or exclude any right you have under the laws of the Kingdom of Eswatini that cannot lawfully be limited or excluded.
02 The Website
2.1 We take reasonable care to keep Website content accurate but do not warrant that it is complete, current or error-free at any given moment.
2.2 Where the Website and our master price list conflict, the master price list prevails.
2.3 We may suspend, withdraw or amend the Website, or any part of it, without notice.
2.4 The Website links to third-party services including WhatsApp and Google Maps. We are not responsible for those services or their terms.
03 The WhatsApp Group
3.1 Membership is free and voluntary. You may leave at any time by exiting the Group in WhatsApp.
3.2 Only administrators may post to the Group. You will not receive messages from other members.
3.3 You acknowledge that other members of the Group can see your mobile number. This is a function of WhatsApp and is not within our control. If you do not wish your number to be visible to other members, do not join the Group; contact us using the form on the Website instead.
3.4 Content posted in the Group is directed at household and walk-in customers. Trade and wholesale pricing is not published in the Group and is agreed directly.
3.5 We may remove any member without notice, including for abusive conduct or unsolicited advertising.
04 The Assistant (automated service)
4.1 Andile is an automated service, not a natural person. Responses are generated automatically and may be inaccurate, incomplete or out of date.
4.2 Nothing said by the Assistant constitutes an offer, a quotation or a binding commitment by us. Any price or availability information given by the Assistant is indicative only and is subject to confirmation against our master price list at the point of sale.
4.3 No contract of sale is formed through the Assistant. Clause 6 governs when a contract arises.
4.4 To deal with a natural person, submit the contact form on the Website or attend the market during trading hours.
4.5 Do not send sensitive personal information, payment card details or identity documents to the Assistant.
4.6 We record and retain Assistant conversations to operate and improve the service, subject to clause 8.
05 Prices and promotions
5.1 Every promotion states the Goods covered, the price, the unit of measure and the dates on which it applies. Outside those parameters the promotion does not apply.
5.2 All prices are quoted in Emalangeni (SZL), are inclusive of applicable taxes unless stated otherwise, and are subject to market movement.
5.3 Promotional prices apply at the point of sale, at Malkerns Square only, on the stated dates, and while stocks last.
5.4 Where a price is published in obvious error, we are not obliged to supply at that price. We will notify you and offer the correct price or a full refund, at your election. We will not charge more than the price displayed to you at the time of purchase.
5.5 Availability of lines subject to import permit or regulatory restriction is not guaranteed and any promotion on such lines is conditional on permit clearance.
06 Buying from us
6.1 We trade on a walk-in basis at the market. We do not operate a remote ordering, reservation or delivery service. Any enquiry made through the Website, the Group or the Assistant is an enquiry only and does not reserve Goods or secure a price.
6.2 A contract of sale is concluded at the point of sale, at the market, when payment is made.
6.3 We accept cash and MoMo. Risk and ownership in the Goods pass to you at the point of sale.
6.4 Trading hours are 04:00 to 18:00, Tuesday to Sunday. Monday hours: [to confirm]. Hours may change on public holidays and any change will be posted to the Group in advance where practicable.
6.5 All Goods are sold subject to availability.
07 Quality, returns and refunds
7.1 Fresh produce is perishable. You must inspect the Goods before leaving the market.
7.2 Defects apparent on inspection must be raised at the point of sale, before you leave the market. Latent defects must be reported within [period to confirm] of purchase.
7.3 Where Goods are found to be defective we will, at your election, replace them or refund the purchase price.
7.4 We are not liable for deterioration caused by storage, handling or transport after the Goods have left the market. Perishable Goods require appropriate refrigeration and handling, which are your responsibility once the sale is concluded.
7.5 Proof of purchase is required for any return or refund.
7.6 This clause does not limit your statutory rights.
08 Personal information
8.1 We collect your name, surname, mobile number, email address and stated purchasing category when you submit the contact form, and your mobile number if you join the Group.
8.2 We use this information for marketing purposes, including sending you promotions, specials, fresh arrival notices and other communications about our Goods, by WhatsApp, email or SMS, as well as to respond to your enquiry.
8.3 By submitting the contact form or joining the Group you consent to receiving these communications.
8.4 Household, trade and supplier records are maintained separately and are not merged or cross-marketed.
8.5 We do not sell, rent or trade your personal information to third parties.
8.6 To stop receiving marketing communications, email us at info@malkernsproducemarket.com or message us on WhatsApp and ask to be removed. We will action the request without charge. To leave the Group, exit the Group in WhatsApp.
8.7 We retain your information for as long as you wish to receive communications from us, and thereafter only as required by law.
8.8 You may request access to, or correction of, your personal information at info@malkernsproducemarket.com.
8.9 Group membership entails the disclosure described at clause 3.3, which is outside our control.
09 Limitation of liability
9.1 To the fullest extent permitted by law, our total liability arising out of or in connection with any transaction is limited to the purchase price of the Goods concerned.
9.2 We are not liable for indirect or consequential loss, including loss of profit, loss of business or loss of resale opportunity.
9.3 Nothing in this clause excludes liability for death or personal injury caused by our negligence, for fraud, or for any liability that cannot lawfully be excluded.
10 Intellectual property
10.1 The Malkerns Produce Market name, logo, brand marks, photography and Website content are our property or are used under licence.
10.2 You may not reproduce, distribute or use them commercially without our prior written consent.
11 General
11.1 We may amend these Terms at any time. The amended version takes effect on publication to the Website. The "last updated" date below shows when they last changed.
11.2 If any provision is found unenforceable, the remainder continues in full force.
11.3 These Terms are governed by the laws of the Kingdom of Eswatini, and the courts of Eswatini have exclusive jurisdiction.
11.4 Contact: Malkerns Produce Market, F5GW+4G Malkerns, Malkerns Square, Pine Acres, Eswatini. info@malkernsproducemarket.com
Last updated: [date on publish] · These terms are managed from the admin portal, so they can be changed without touching the website code.