Terms of Service – Thr3e (Pty) Ltd

Website: www.thr3e.co.za
Email: info@thr3e.co.za
Phone:
Physical Address: [Insert Full Physical Address 

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1. Introduction and Acceptance

Welcome to Thr3e (Pty) Ltd ("Thr3e", "we", "us", "our"). These Terms of Service ("Terms") govern your use of our website and the purchase of our gummy supplement products (creatine, collagen, and related functional nutrition products).

By accessing our website or placing an order, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, please do not use our website or purchase our products .

These Terms constitute a legally binding electronic contract under the Electronic Communications and Transactions Act 25 of 2002 (ECT Act) .

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2. About Us (Information Required by Section 43 of ECT Act)

In compliance with Section 43 of the ECT Act, we make the following information available to you :

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3. Eligibility to Purchase

By placing an order, you confirm that:

• You are at least 18 years of age (or have parental/guardian consent to purchase)

• You are legally capable of entering into binding contracts

• You reside in South Africa or are using a South African delivery address (unless international shipping is offered)

• All information you provide is accurate, complete, and up-to-date

Our products are dietary supplements and are not intended for children under 18 without parental supervision. Please consult a healthcare professional before use .

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4. Placing an Order – The Contract Process

4.1 Invitation to Treat, Not an Offer

All products displayed on our website constitute an "invitation to treat" (a general invitation for you to make an offer), not a binding offer from us . When you place an order, you are making a legal offer to purchase the products in your cart.

4.2 Order Acknowledgement vs. Acceptance

• Order Acknowledgement: After you place an order, you will receive an automated email acknowledging receipt. This is not an acceptance of your order.

• Order Acceptance: A binding contract is formed only when we send you a Dispatch Confirmation email confirming that your order has been shipped .

We reserve the right to refuse or cancel any order for any reason, including:

• Product unavailability

• Pricing errors on the website

• Suspected fraud or unauthorised transaction

• Failure to meet eligibility criteria

4.3 Your Right to Review and Correct

Before finalising your order, you will have the opportunity to:

• Review your cart contents

• Correct any mistakes (quantity, product selection, delivery address)

• Withdraw from the transaction entirely

Please ensure all information is correct before clicking "Place Order" .

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5. Pricing and Payment

5.1 Prices

• All prices displayed are in South African Rand (ZAR) and are inclusive of VAT (15%) unless stated otherwise

• Delivery fees are calculated at checkout and are additional unless a free shipping threshold is met

• We reserve the right to change prices at any time without prior notice. However, changes will not affect orders already accepted (Dispatch Confirmation sent)

5.2 Pricing Errors

In the event of a genuine pricing error on our website (e.g., a product listed at an obviously incorrect price), we are not bound by that price. We will notify you of the error and give you the option to:

• Proceed with the order at the correct price; or

• Cancel the order for a full refund 

5.3 Payment Methods

We accept payment via:

• Credit/debit cards (Visa, Mastercard) via our secure payment gateway

• Electronic Funds Transfer (EFT)

• [Other methods: SnapScan, Yoco, Payfast, etc.]

5.4 Payment Security

We use a secure payment system that complies with accepted technological standards. If you suffer any loss due to our failure to maintain a secure payment system, we may be liable in terms of Section 43(5) and (6) of the ECT Act .

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6. Delivery and Execution of Orders

6.1 Delivery Timeframe

We will execute your order (dispatch the goods) within 30 days of receiving your order, unless we have agreed on a different timeframe at checkout .

If we are unable to deliver within 30 days (or the agreed period), you have the right to cancel the agreement by giving 7 days' written notice .

6.2 Unavailability of Goods

If the products you ordered are unavailable, we will:

• Notify you immediately

• Refund any payments made within 30 days of such notification 

6.3 Delivery Risk and Title

Risk in the goods passes to you upon delivery to your specified address. Ownership (title) passes to you only when we have received full payment for the order (including delivery fees).

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7. Returns, Refunds, and Cancellation Rights

Important: Because our products are ingestible supplements intended for everyday consumption, certain consumer cancellation rights are limited .

7.1 The 7-Day Cooling-Off Period (ECT Act Section 44)

Under Section 44 of the ECT Act, you may cancel an electronic transaction without reason or penalty within 7 days after receiving the goods .

However, this right does NOT apply to our products because Section 42(2)(c) and (f) of the ECT Act excludes transactions for:

• "Foodstuffs, beverages or other goods intended for everyday consumption supplied to the home, residence or workplace of the consumer" 

• "Goods that are likely to deteriorate or expire rapidly"

As our gummies are ingestible supplements for daily consumption, the 7-day cooling-off period does not apply. We cannot accept returns for change of mind.