1. PROMOTIONS AND SPECIALS

a. Timed promotions
i. Promotions that are time specific are valid at a lower priceduring the stipulated time period only. Availability thereafter is subject to stock availability and regular pricing of the goods.
ii. Examples of promotions of this nature include, but are not limited to:
1. Early Bird Specials: 06:30 – 08:30
2. Lunch Specials: 12:00 – 14:00
3. Payday Specials: 25th day of each month only
4. Combo Deals: 2-for-1 ; meal and beverage for a fixed price ; etc.
iii. Promotions may be discontinued without prior notice to the Client.

b. Stock availability
i. All promotions are subject to stock availability. The business endeavours to ensure there is sufficient stock for promotions, and to satisfy the promotion period on offer. However the business cannot be held liable if stock runs out.

c. Stopping, cancelling or changing promotions
i. Promotions are run by Brownies &Downies to showcase products and services, increase foot traffic and reward customers.
ii. Should the promotion fail to yield satisfactory results, Brownies &Downies reserves the right to change, cancel or stop any promotion. To the extent allowed by law, Brownies &Downies shall not be liable for any loss suffered by the Client as a result thereof.
iii. Brownies &Downies is not liable to offer a promotion outside of its allotted time period or availability.

d. Loyalty programme
i. Loyalty programmes
1. The loyalty programmes are marketing tools for Brownies &Downies, and ways to reward customers who frequent Brownies &Downies for products, services and experiences.
ii. Loyalty card
1. The loyalty card is one of the loyalty programmes at Brownies &Downies.
2. In order to apply for the loyalty card, a customer is required to complete the identification information on their card.
3. Each visit, in which the Client completes a purchase at a Brownies & Downies restaurant (food, beverages or both), entitles the Client to one stamp on their loyalty card.
4. When the card is full, the Client may claim a free coffee of his/her choice by furnishing the loyalty card to a Brownies & Downies employee.
5. Rewards can only be redeemed during the business’ operating hours.
6. The cardholder’s redeemed card (name and email address) are entered into marketing software (Mailchimp), which is password protected and used only by admin staff. This data is used for newsletters, new product releases, specials, events or competitions from time to time. The cardholder has the option to opt out of any marketing or notifications, but are not eligible for competitions should they choose to do so.
7. These terms of the loyalty card are subject to change from time to time, at the discretion of the business.
iii. Discount vouchers
1. Some products bought at Brownies &Downies are sold with discount vouchers, redeemable when presented at Brownies &Downies restaurant for a discount on a table or meal.
2. These discounts vary, but generally equate to 5% of the total meal, table or account per sitting.
3. Discount vouchers are not re-useable and when redeemed must be handed to a Brownies &Downies manager in order to access the discount.
4. These terms of the discount vouchers are subject to change from time to time, at the discretion of the business.

2. PERSONAL INFORMATION

a. Disclosure
i. Disclosure of your personal information to our organisation is done at your own free will.
ii. To the extent allowed by law, should you refuse to disclose the information required by Brownies &Downies in the provision of certain products, services or promotions, Brownies &Downies has the right to refuse you the product, service or promotion that pertains to the release of that information to the organisation.
iii. Channels where personal information is shared or disclosed to the organisation include, but are not limited to, these official Brownies & Downies channels of communication, content or services:
1. Webpage; contact us and blog pages
2. Social media channels; YouTube, Facebook, Twitter, Instagram, LinkedIn
3. Review sites such as TripAdvisor, Google, Zomato
4. Payment methods such as Zapper, Yoco, SnapScan
5. Ordering platforms such as MrD, Orderin, UberEats
6. Forms sent for enquiry, quoting, invoicing or any other official company forms
7. Loyalty card information
8. Customer account information for restaurant purchases
9. Mailchimp mailing lists
b. Storage of data
Client data may be stored as needed, and is regulated by the Protection of Personal Information Act 4 of 2013. Client data may be used internally in the organisation by company officials for statistical-, account maintenance- or promotional marketing purposes. Data is stored digitally in the cloud through various online platforms with password protection. Platforms used by the organisation for storage of customer data include, but are not limited to:
i. Google services
ii. iKentoo Point of Sale
iii. Xero Accounting Software
iiii. Mailchimp Marketing Tools
v. WordPress
vi. Facebook, Instagram, and other direct messaging platforms
Certain aspects of Client data may be stored as physical copies for the company’s purposes. For this reason, this data is locked in a secure storage facility that only a few authorized personnel have access to.

c. Accessing data
The Client agrees that his/her data may be used for the purposes of marketing, statistics, making contact, Client account maintenance, sales or for archive, legal or historical purposes. Access to Client data is monitored by the company and its officials. Only internal company officials or third party suppliers who are authorised to access customer data are able to do so. Where possible, customer data is password protected, locked away or disposed of with the interests of the Client’s privacy in mind.

3. PLATTERS

a. These terms and conditions
i. Represent the entire agreement between the parties and no alterations or additions may be effected unless agreed to by both parties, reduced to writing and signed by the Client and a duly authorized representative of Brownies &Downies.
ii. Are final and binding and are not subject to any suspensive or dissolutive condition.
iii. Expressly exclude any conflicting conditions stipulated by the Client.
1. Acceptance of delivery of the goods and/or services shall be deemed conclusive evidence of the Client’s acceptance of these Terms and Conditions.
2. No variation to these Terms and Conditions shall be accepted unless agreed in writing by the parties.

b. Quote
Any quote issued by Brownies &Downies shall be valid for a period of 5 days’ from the date of issue. Brownies & Downies reserves the right to amend any prices quoted herein, should the fluctuation in price of such goods be beyond Brownies &Downies’ reasonable control.

c. Change of Order
Should the Client change any item on their order after Brownies &Downies has purchased any special ordered ingredients and/or commenced with the preparation of the goods, he/she may be liable for full cost thereof. Special dietary requirements must be confirmed at the time of placing the order or at least 4 days’ prior to the delivery date specified for platters.

d. Substitutions
Brownies &Downies reserves the right to replace any ingredient with a suitable substitute should that ingredient become unobtainable for any reason. Notice thereof will however be furnished to the Client in order to obtain his/her consent.

e. Cancellations
Should the Client cancel an order prior to/or on delivery, the Client will be liable to effect payment of Brownies &Downies cancellation fees as set out below:
More than 48 hrs prior to the delivery date = no cancellation fee
12 – 24 hours prior to the delivery date = 30% cancellation fee
Cancellation on the delivery date = payment of full price quoted

f. Complaints – Returns/Refunds
Notification of defective products or that of poor quality must be relayed to Brownies &Downies within 30 minutes of delivery. The Client may be required to refrigerate the food immediately if it will not be consumed at the time of delivery, or store the food in a cool room out of direct sunlight if it will be consumed shortly after delivery. If there are any problems with your order, contact the representative you dealt with when ordering on (021) 2000 459 or email info@browniesanddownies.co.zawho will respond the complaint within 1 hour of receipt thereof. Any refund request will only be considered after Brownies &Downies has conducted an inspection of the food provided to the Client, and the circumstances that led to the complaint.

g. Allergens
Platters from Brownies &Downies are produced in premises that uses and stores food allergens, which may include but is not limited to dairy, soy, gluten, seeds, nuts, pork, beef and fish. Every attempt is made to store these ingredients separately, to produce products with sanitized equipment and tools, and comply with health regulations. Our restaurant is not Halaal certified or kosher, however our restaurant is Halaal friendly. No alcohol is sold on premises, and pork is stored separately, and cooked with different utensils.

h. Payments
i. Brownies &Downies will require a 50% deposit to confirm an order.
ii. The balance of the quoted price must be paid upon delivery of the order, unless otherwise agreed in writing.
iii. Payment by cheque is regrettably not accepted.
iiii. All payments can be made via cash or card onsite in the restaurant, or EFT bank transfer into Brownies &Downies nominated bank account.
v. If the Client opts for EFT method of payment, a proof of payment must be sent to admin@browniesanddownies.co.za at the time of payment to confirm payment of the Client’s order, to allow Brownies &Downies time to verify receipt of funds into the nominated bank account. The Client shall be liable in respect of any applicable bank charges resulting from their chosen method of payment.
vi. Brownies &Downies cannot be held liable for payment into an incorrect bank account. The onus is on the Client to ensure payment into the correct bank account.
vii. Brownies &Downies reserves the right to refuse catering services should the Client fail to comply with payment terms above.
viii. Brownies &Downies Banking EFT Details:

Bank: First National Bank
Account Name: Brownies AndDownies
Account Number: 62636799019
Branch Name: Portside
Branch Code: 210651

i. By accepting the quotation, the Client acknowledges that he/she has read and understand these terms and conditions and agrees to be bound thereby.

4. VENUE HIRE

a. These terms and conditions
i. Represent the entire agreement between the parties and no alterations or additions may be effected unless agreed to by both parties, reduced to writing and signed by the Client and a duly authorized representative of Brownies &Downies.
ii. Are final and binding and are not subject to any suspensive or dissolutive condition.
iii. Expressly exclude any conflicting conditions stipulated by the Client.
1. Acceptance of delivery of the goods and/or services shall be deemed conclusive evidence of the Client’s acceptance of these Terms and Conditions.
2. No variation to these Terms and Conditions shall be accepted unless agreed in writing by the parties.

b. Quote
Any quote issued by Brownies &Downies shall be valid for a period of 5 days’ from the date of issue. Brownies &Downies reserves the right to amend any prices quoted herein, should the fluctuation in price of such goods be beyond Brownies &Downies’ reasonable control.

c. Change of Details
Should the Client change any detail after they have received the invoice from Brownies &Downies, he/she will be liable for extra cost increases to fulfil these changes. Brownies &Downies reserves the right to refuse amendment to these changed requirements, and is only obligated to deliver the goods and services detailed in the invoice to the Client. Special dietary requirements must be confirmed at the time of placing the order or at least 6 days’ prior to the delivery date specified for platters or catering in the venue.

d. Substitutions
Brownies &Downies reserves the right to replace any ingredient, furniture or decor with a suitable substitute should that ingredient become unobtainable for any reason. Notice thereof will however be furnished to the Client in order to obtain his/her consent.

e. Cancellations
Should the Client cancel an order prior to/or on delivery, the Client will be liable to effect payment of Brownies &Downies cancellation fees as set out below:
More than 4 business days prior to the venue hire date = no cancellation fee
24 hours prior to the venue hire date = 50% cancellation fee
Cancellation on the required date for venue hire = payment of full price quoted
Cancellation due to non-disclosure of requirements by the Client, and delivery of invoiced services by Brownies &Downies = payment of full price quoted

f. Complaints – Returns/Refunds
Notification of defective products or that of poor quality must be relayed to Brownies &Downiesimmediately upon delivery. If there are any problems with your catering or the venue itself, contact the representative you dealt with when organising the venue hire immediately on (021) 2000 459 or email info@browniesanddownies.co.zawho will respond to the complaint as soon as possible. Any refund request will only be considered after Brownies &Downies has conducted a thorough inspection of the food provided to the Client, the venue, and the circumstances that led to the complaint.

g. Allergens
Platters from Brownies &Downies are produced in premises that uses and stores food allergens, which may include but is not limited to dairy, soy, gluten, seeds, nuts, pork, beef and fish. Every attempt is made to store these ingredients separately, to produce products with sanitized equipment and tools, and comply with health regulations. Our restaurant is not Halaal certified or kosher, however our restaurant is Halaal friendly. No alcohol is sold on premises, and pork is stored separately, and cooked with different utensils.

h. Special Requirements
Should there be any special requirements that the Client requires for their event in terms of venue, event times, furniture, equipment, crockery, cutlery, glassware, décor or any other requirements, this needs to be clearly queried at the enquiry or quoting stage to Brownies &Downies. Failure to do so is not a failure of service delivery of Brownies &Downies, and may result in increased prices to cover these requirements, or delivery of the confirmed services only.

i. Number of Guests
Should the number of guests increase after date of invoice, the Client is required to advise Brownies &Downies thereof in writing as only those numbers indicated on the quotation will be catered for. Brownies &Downies is under no obligation to comply with changes in catering should this not be reasonably possible.

j. Breakages / Hired Goods
All risk of loss or damage to the venue, crockery, linen, and equipment passes to the Client on delivery and the Client will therefore be liable for any breakages, damage and shortages while the facility and goods are in his/her possession. The cost of the aforementioned goods will be billed to the Client at the replacement value of the goods in question or such charge levied by the third party supplier directly.

k. Payments
i. Brownies &Downies will require a 70% deposit to confirm a booking.
ii. The balance of the quoted price must be paid upon delivery of the order, unless otherwise agreed in writing.
iii. Payment by cheque is regrettably not accepted.
iiii. All payments can be made via cash or card onsite in the restaurant, or EFT bank transfer into Brownies &Downies nominated bank account.
v. If the Client opts for EFT method of payment, a proof of payment must be sent to admin@browniesanddownies.co.za at the time of payment to confirm payment of the Client’s order, to allow Brownies &Downies time to verify receipt of funds into the nominated bank account. The Client shall be liable in respect of any applicable bank charges resulting from their chosen method of payment.
vi. Brownies &Downies cannot be held liable for payment into an incorrect bank account. The onus is on the Client to ensure payment into the correct bank account.
vii. Brownies &Downies reserves the right to refuse catering services should the Client fail to comply with payment terms above.
viii. Brownies &Downies Banking EFT Details:
Bank: First National Bank
Account Name: Brownies AndDownies
Account Number: 62636799019
Branch Name: Portside
Branch Code: 210651

l. By accepting the quotation, the Client acknowledges that he/she has read and understand these terms and conditions and agrees to be bound thereby.

5. CLIENT “TOP-UP” CARDS

a. Cards are issued to businesses or individuals who require another method of payment. A Client Form will be issued for completion by the prospective client. Upon completion, the form should be submitted to Brownies&Downies.

6. LIMITATION OF LIABILITY

a. Visitors to the premises remain responsible for the:
i. supervision of any minor child/ren in their group;
ii. safekeeping of his/her property. Please refrain from leaving items of value unattended.
b. Goods are produced in premises that uses and stores food allergens, which may include but is not limited to dairy, soy, gluten, seeds, nuts, pork, beef and fish. Every attempt is made to store these ingredients separately but this cannot be guaranteed.
c. Any visitor to the premises who behaves in a manner which causes or is likely to cause a danger, excessive disturbance or damage to the property, will, at Brownies and Downies’ sole discretion, be requested to refrain from the offending behaviour or requested to leave the premises.
d. Brownies &Downies will not be liable for any loss, damage or injury, of whatsoever nature, sustained by a Client, and/or their dependent(s) and/or guests and/or employee(s) or their property when using the venue if the loss or damage was caused due to their failure to adhere to these safety precautions or attributed to circumstances beyond Brownies and Downies reasonable control.