The Legal StuffTerms & Conditions
Terms & Conditions
The Fudge Packer (Pty) Ltd
Effective Date: 1 July 2025
Last Updated: 1 July 2025
We’ve written these terms the way we’d explain them face to face — clearly and without hiding anything. We want you to know exactly what to expect when you shop with us, what your rights are, and how we handle the rare occasions when something goes wrong.
These Terms & Conditions apply to all purchases made through our website (www.thefudgepacker.co.za), by telephone, by WhatsApp, or by email. By placing an order with us, you agree to these terms in full.
Your rights as a consumer under the Consumer Protection Act 68 of 2008 (CPA) and the Electronic Communications and Transactions Act 25 of 2002 (ECTA) are not limited or excluded by anything in these terms. If there is ever a conflict between our terms and applicable South African consumer protection law, the law takes precedence.
1. About Us
The Fudge Packer (Pty) Ltd Cape Town, South Africa Email: thefudgepackersa@gmail.com Phone / WhatsApp: 076 530 6050 Website: www.thefudgepacker.co.za
We are a South African small business producing premium handmade fudge in small batches from our kitchen in Cape Town. We sell directly to retail consumers through our website and to wholesale stockists by arrangement.
VAT Status: The Fudge Packer is not currently registered for VAT. All prices displayed are VAT-exclusive and no VAT is charged on any purchase.
2. Acceptance of Terms
By using our website, creating an account, or placing an order, you confirm that:
- You are at least 18 years of age
- You are legally capable of entering into a binding agreement
- You have read and agree to these Terms & Conditions in full
- All information you provide to us is accurate and complete
If you do not agree with any part of these terms, please do not use our website or place an order with us.
3. Our Products
Handmade & Small Batch
All Fudge Packer products are made by hand in small batches. This means that slight variations in colour, texture, size, and appearance may occur between batches. These variations are a natural characteristic of handmade food products and are not considered defects.
Product Descriptions
We make every effort to ensure that product descriptions, photographs, and ingredient information on our website are accurate and up to date. However, we cannot guarantee that product images are an exact representation of what you will receive, as colours may vary slightly depending on your screen settings and natural batch variation.
If you have a question about a specific product before purchasing, please contact us — we are happy to help.
Allergens
All our products are made in a kitchen that handles dairy, nuts, gluten, and other common allergens. Cross-contamination is possible. Please read our full Allergen Information on our website before purchasing, and contact us if you have any concerns. We provide full ingredient lists for all products on request.
We strongly advise customers with known food allergies or intolerances to contact us before placing an order.
4. Pricing
All prices are displayed in South African Rand (ZAR). Prices include the cost of the product only — delivery fees are calculated separately at checkout based on your location and order weight.
We reserve the right to change our prices at any time without prior notice. The price displayed at the time you confirm your order is the price you will be charged. Price changes after your order is confirmed will not affect your order.
From time to time we may offer promotional pricing, discount codes, or limited-time specials. These are subject to their own specific terms, which will be communicated at the time of the promotion. Discount codes cannot be applied retrospectively to completed orders.
We make every effort to ensure that prices displayed on our website are correct. In the event of a pricing error, we will contact you before processing your order to offer you the correct price, a substitution, or a full refund.
5. Placing an Order
How to Order
Orders may be placed:
- Through our website at www.thefudgepacker.co.za
- By WhatsApp or phone on 076 530 6050
- By email at thefudgepackersa@gmail.com
Order Confirmation
When you place an order, you will receive an order confirmation email or message. This confirms that we have received your order — it does not yet constitute acceptance of your order or form a binding contract.
Contract Formation
A binding contract between you and The Fudge Packer is formed when:
- We accept and confirm your order, and
- We receive cleared payment in full
We reserve the right to decline or cancel any order at our sole discretion — for example, if a product is out of stock, if there is a pricing error, or if we are unable to verify payment. If we cancel your order, a full refund will be processed immediately using your original payment method.
Order Accuracy
Please check your order carefully before confirming, including the products selected, quantities, delivery address, and contact details. We are unable to make changes to orders once they have been dispatched.
6. Payment
Payment Methods
Payment is accepted via our secure online payment gateway. We accept all major credit and debit cards and EFT payments through our payment provider.
Payment Timing
Full payment is required before your order is processed or dispatched. Orders will not be sent until cleared payment has been received.
For wholesale orders placed by arrangement, a 50% deposit may be required upfront with the balance due before dispatch. This will be confirmed in writing when your wholesale account is approved.
Payment Security
All online payments are processed by a PCI-DSS compliant third-party payment provider. We do not see, store, or have access to your card details at any point during or after the transaction.
Failed Payments
If your payment fails, your order will not be processed. Please try again or contact your bank if you continue to experience difficulties. If you need assistance, contact us at thefudgepackersa@gmail.com.
7. Delivery & Shipping
Processing Time
Because our products are handmade in small batches, we require 2–3 business days to process and dispatch orders after receiving cleared payment.
Orders placed over weekends or on South African public holidays will be processed on the next business day. During peak periods (such as the festive season, Mother’s Day, and Valentine’s Day), processing times may be slightly longer. We will communicate any extended delays by email.
Delivery Timeframes
Estimated delivery times after dispatch:
| Destination | Estimated Delivery |
|---|---|
| Cape Town Metro | 1–2 business days |
| Major Cities (JHB, PTA, DBN, PE, BFN) | 2–4 business days |
| Outlying & Rural Areas | 3–7 business days |
These are estimates provided by our courier partners and are not guaranteed. Delays caused by the courier, weather, public holidays, or circumstances beyond our control are not the responsibility of The Fudge Packer, though we will always assist in resolving any delivery issues.
Delivery Costs
Delivery fees are calculated at checkout and depend on your location and order weight. Delivery fees are non-refundable unless we made an error with your order.
Delivery Address
Please ensure your delivery address is correct before confirming your order. We cannot redirect parcels once they have been dispatched. If a parcel is returned to us due to an incorrect address or failed delivery attempt, re-delivery costs will be charged to the customer.
Risk & Ownership
Ownership of your products and all risk of loss or damage passes to you upon successful delivery to the address you provided.
Tracking
You will receive a tracking number by email or WhatsApp once your order is dispatched. If you do not receive tracking information within 3 business days of placing your order, please contact us.
Local Collection
Local collection from our kitchen in Cape Town may be available by prior arrangement. Please contact us before placing your order to confirm availability and arrange a suitable time.
8. Refunds & Returns Policy
We are proud of every product that leaves our kitchen. If something is not right, we want to fix it quickly and fairly. This section explains your rights and our process in full.
8.1 Perishable Goods — Important
Fudge is a perishable food product. Under Section 19 of the Consumer Protection Act 68 of 2008, we are not obliged to accept returns of perishable goods for change of mind once they have been delivered.
This means we cannot accept returns or process refunds if:
- You changed your mind after receiving the product
- You ordered the wrong product by mistake
- You do not enjoy the flavour
- The product was a gift and not wanted
We strongly encourage you to review your order carefully before confirming, and to read all product descriptions and allergen information before purchasing.
8.2 Your Right to Return — ECTA Cooling-Off Period
Under Section 44 of the Electronic Communications and Transactions Act 25 of 2002 (ECTA), you have the right to cancel an online purchase within 7 (seven) business days of receiving your order and receive a full refund of the purchase price, excluding delivery costs.
However, this right does not apply to:
- Perishable goods (including all food products) that have already been delivered and are in the same condition as dispatched
- Goods that have been opened, consumed, or used
If you wish to cancel an order that has not yet been dispatched, you may do so at any time for a full refund, including delivery costs. Please contact us immediately on 076 530 6050 or thefudgepackersa@gmail.com.
8.3 Damaged or Defective Products
If your order arrives damaged, defective, contaminated, or in a condition that is significantly different from what was described on our website, you are entitled to a remedy under Section 56 of the Consumer Protection Act.
Please contact us within 48 hours of delivery with:
- Your name and order number
- A clear photograph of the damaged or defective item
- A brief description of the problem
We will respond within 1 business day to arrange one of the following, at your choice or by mutual agreement:
- Replacement: We will send you the same product at no charge
- Store Credit: We will issue store credit to the full value of the affected item, valid for 12 months
- Refund: We will refund the purchase price of the affected item to your original payment method
We may ask you to return the damaged or defective product before processing a replacement or refund. Where we request a return, we will cover the return courier cost.
8.4 Incorrect Orders
If we send you the wrong product, please contact us within 48 hours of receiving your order. We will:
- Arrange collection of the incorrect product at our cost
- Dispatch the correct product as soon as possible
If the correct product is unavailable, we will offer a replacement of equal value or a full refund of the purchase price.
8.5 Missing Items
If an item is missing from your order, please contact us within 48 hours of delivery with your order number and details of the missing item. We will investigate and either dispatch the missing item or issue a refund for it as quickly as possible.
8.6 Lost or Undelivered Orders
If your parcel has not been delivered within the estimated timeframe and tracking shows no movement, please contact us. We will work with our courier partner to locate your parcel. If an order is confirmed lost, we will dispatch a replacement or issue a full refund, including delivery costs.
We are not responsible for parcels that are confirmed delivered to the address you provided but subsequently go missing. If you believe your parcel has been stolen after delivery, please report this to your local SAPS and contact us.
8.7 Refund Processing
Approved refunds are processed within 5–10 business days of our confirmation, depending on your bank or payment provider. Refunds will always be issued to the original payment method used for the purchase.
We will send you a confirmation email when your refund has been processed. If you do not receive your refund within 10 business days, please contact your bank before reaching out to us, as processing times vary by institution.
8.8 Wholesale Returns
Wholesale orders are non-returnable and non-refundable except in cases of damaged, defective, or incorrectly supplied goods as described in clause 8.3 above.
Wholesale customers must inspect all orders upon delivery and report any issues within 24 hours of receipt. Claims made after 24 hours may not be accepted.
8.9 How to Request a Refund or Return
Contact us through any of the following:
- WhatsApp / Phone: 076 530 6050
- Email: thefudgepackersa@gmail.com
- Website Contact Form: www.thefudgepacker.co.za/contact
Please include your order number, a description of the issue, and (where relevant) a photograph. We aim to respond to all refund and return requests within 1 business day.
9. Customer Accounts
You may browse and purchase from our website as a guest or by creating a customer account. If you create an account, you are responsible for:
- Keeping your login credentials secure and confidential
- All activity that occurs under your account
- Notifying us immediately if you suspect unauthorised access to your account
We reserve the right to suspend or close accounts that we believe are being used fraudulently, abusively, or in violation of these Terms & Conditions.
10. Prohibited Use
You agree not to use our website or our services to:
- Submit false, misleading, or fraudulent information or orders
- Engage in any activity that violates South African law
- Attempt to gain unauthorised access to our systems or data
- Scrape, copy, or reproduce our website content without permission
- Harass, threaten, or abuse our staff or other customers
- Impersonate another person or misrepresent your identity
We reserve the right to refuse service to anyone who violates these conditions, without notice and without refund.
11. Intellectual Property
All content on our website and associated platforms — including but not limited to our brand name, logo, product photographs, written content, design elements, packaging, and marketing materials — is the intellectual property of The Fudge Packer (Pty) Ltd and is protected by South African intellectual property law.
You may not reproduce, copy, distribute, publish, transmit, or commercially exploit any content from our website without our prior written permission.
You may share our content on personal social media for non-commercial purposes, provided that you credit The Fudge Packer and do not alter or misrepresent the content in any way.
12. Limitation of Liability
To the fullest extent permitted by South African law:
- The Fudge Packer’s total liability for any claim arising from the purchase or use of our products is limited to the purchase price of the specific product giving rise to the claim.
- We are not liable for any indirect, incidental, consequential, or special damages, including loss of income, loss of profit, or loss of business opportunity.
- We are not liable for delays, failures, or losses caused by circumstances beyond our reasonable control, including acts of God, courier failures, load shedding, or civil disruption.
- We are not liable for any allergic reactions resulting from undisclosed food allergies or failure to read our allergen information.
Nothing in this clause excludes or limits any rights you have under the Consumer Protection Act 68 of 2008 or any other applicable South African consumer protection legislation.
13. Complaints & Dispute Resolution
We take complaints seriously and will always try to resolve them quickly and fairly.
Contact Us Directly
Please reach out to us first. Most issues can be resolved within 1–2 business days.
- WhatsApp / Phone: 076 530 6050
- Email: thefudgepackersa@gmail.com
14. Third-Party Links
Our website may contain links to third-party websites including social media platforms, payment providers, and partner sites. These links are provided for your convenience only. We do not control these sites and are not responsible for their content, privacy practices, or terms of use.
Clicking a third-party link means you are leaving our website and are subject to the terms of that third party.
15. Changes to These Terms
We may update these Terms & Conditions from time to time to reflect changes in our business, our products, or applicable law. Changes will be published on this page with an updated effective date.
If changes are material, we will notify existing registered customers by email where possible. Continued use of our website or placing of an order after changes are published constitutes your acceptance of the updated terms.
We recommend checking this page periodically, particularly before placing a large or wholesale order.
16. Severability
If any clause or provision of these Terms & Conditions is found to be unlawful, invalid, or unenforceable under South African law, that clause will be severed from these terms without affecting the validity and enforceability of the remaining clauses.
17. Entire Agreement
These Terms & Conditions, together with our Privacy Policy and any order confirmation issued to you, constitute the entire agreement between you and The Fudge Packer in relation to your purchase. They supersede all prior communications, representations, or agreements, whether oral or written.
18. Contact Us
For any questions about these Terms & Conditions, your order, or your rights as a customer, please contact us:
The Fudge Packer (Pty) Ltd
Email: thefudgepackersa@gmail.com
Phone / WhatsApp: 076 530 6050
Website: www.thefudgepacker.co.za
Location: Cape Town, South Africa
We are a small, hands-on business. When you contact us, you speak to the people who actually make the fudge. We will always try to do right by you.
These Terms & Conditions are governed by and construed in accordance with the laws of the Republic of South Africa, including the Consumer Protection Act 68 of 2008 and the Electronic Communications and Transactions Act 25 of 2002.
The Fudge Packer (Pty) Ltd
Small Batch. Big Flavour. Packed with Attitude.
Cape Town, South Africa