Terms & Conditions

1. Introduction and acceptance

These Terms & Conditions (“Terms”) govern every visit to, and every order placed through, nillavanilla.co.za (the “Site”), operated by Nilla Vanilla (“we”, “us”, “our”). By browsing the Site, creating an account, or placing an order, you (“you”, “the customer”) agree to be bound by these Terms in full. If you do not agree to any part of these Terms, please do not use the Site or place an order.

These Terms should be read together with our Privacy Policy and our Refund Policy, both of which are incorporated into these Terms by reference. Where wholesale/trade terms differ from these general Terms, the specific wholesale terms take precedence for that relationship.

2. Who we are

Nilla Vanilla sells Grade A Madagascan vanilla — pods, extract, paste, powder and sugar — direct to retail and wholesale/trade customers in South Africa via the Site.

Trading name: Nilla Vanilla.
Registered business address: Sunset Avenue, Lonehill, Johannesburg, Gauteng, South Africa.

3. Eligibility

You must be at least 18 years old, or place an order under the supervision of a parent or legal guardian who agrees to these Terms on your behalf, and have the legal capacity to enter into a binding contract under South African law. By placing an order you confirm that you meet these requirements and that all information you provide to us is true, current and complete.

4. Products, descriptions and natural variation

All prices are displayed in South African Rand (ZAR) and, unless stated otherwise, are inclusive of VAT where applicable. We take reasonable care to ensure prices, descriptions and product information on the Site are accurate, but errors can occur — if we discover a pricing or description error on an order that hasn't yet been fulfilled, we'll contact you before proceeding and you may cancel that order for a full refund. Stock levels shown on the Site are indicative; if an item you've ordered is unexpectedly unavailable, we'll contact you to arrange a refund or a substitute of your choosing.

Our vanilla is sourced directly from small farms in Madagascar, hand-pollinated, harvested and cured using traditional methods, and hand-graded rather than machine-processed. Because of this, every batch, and every individual pod, is a natural agricultural product and not a manufactured, uniform item — reasonable variation between units and between batches in weight, length, colour, sheen, moisture and aroma is normal, expected, and is not, on its own, a defect. Photographs and descriptions on the Site are representative of the product you will receive, not an exact specification of every individual unit. Where a specific weight, size or grade is stated for a variant, that figure is a typical average for that grade, not a guaranteed exact measurement for every pod or unit within it.

5. Accounts

You need an account to place a retail or wholesale order on the Site — this lets you view your order history, delivery status and printable statements in one place. You are responsible for keeping your login credentials confidential and for all activity that occurs under your account, whether or not you authorised it. Notify us immediately at [email protected] if you suspect unauthorised access to your account. We may suspend or terminate an account at our discretion if we reasonably believe it is being used fraudulently, in breach of these Terms, or in a manner that risks harm to us or to other customers.

6. Orders, payment and formation of contract

Adding an item to your cart and proceeding to checkout is an offer by you to purchase that item on these Terms; it does not create a binding contract. Orders are placed and paid for through PayFast, a third-party payment gateway — we do not see or store your card or banking details, which are handled entirely by PayFast under its own terms and security standards. A binding contract of sale is only formed once PayFast notifies us that payment has been received in full; until then your order shows as “awaiting payment” and no fulfilment begins. We reserve the right to decline or cancel any order, at any stage before dispatch, at our reasonable discretion (for example, on suspicion of fraud, a pricing error, or a stock issue) — in which case any amount already paid will be refunded in full.

7. Delivery, risk and ownership

We currently deliver within South Africa via The Courier Guy. Domestic shipping cost is calculated at checkout based on your delivery address and the weight/dimensions of your order — we do not offer free shipping. International orders are accepted, but shipping is not quoted automatically at checkout; at checkout you choose either to have us arrange and quote shipping after payment, or to arrange your own courier collection from our premises, as set out on the Site at checkout.

Estimated delivery windows are provided by the courier at the time of booking and are not guaranteed. Delays caused by the courier, customs (for international orders), weather, or any other circumstance outside our reasonable control are not our responsibility, though we will assist you in following up with the courier where reasonably possible. Ownership of the goods passes to you once payment has been received in full. Risk in the goods — responsibility for loss, damage, spoilage or deterioration — passes to you on delivery to the address you provided, or on collection by your chosen courier for orders you have arranged yourself. See Section 13 (Product use, storage and liability) for what this means in practice.

8. Returns, refunds and cancellations

Full detail on returns, refunds, non-returnable items, refund processing time and how refunds are paid out is set out in our dedicated Refund Policy, which forms part of these Terms. In summary: if a product arrives damaged, faulty, or materially not as described, contact us and we'll arrange an inspection, replacement or refund in line with that policy. Under the Electronic Communications and Transactions Act, consumers who purchase via the Site may have the right to cancel a transaction within 7 days of receiving the goods without reason or penalty, subject to the usual statutory exclusions for perishable, hygiene-sealed and custom goods once opened — see the Refund Policy for how this applies to our products specifically.

9. Wholesale and trade accounts

Wholesale pricing is available to approved trade accounts (bakeries, patisseries, restaurants and similar commercial kitchens) after an application and approval process. Wholesale pricing, minimum order quantities and bulk pack sizes shown on the Site apply only to accounts we have approved for wholesale access. We reserve the right, at our discretion, to approve, decline, suspend or revoke wholesale access at any time, including where an account is inactive, in breach of these Terms, or where trade pricing is being used for retail resale in a manner we reasonably consider abusive of the program.

10. Product use, storage and liability

Our products are raw agricultural and food ingredients intended to be stored and used appropriately by the purchaser — for example, keeping vanilla pods in a cool, dark, airtight container, and using extract, paste, powder and sugar in line with ordinary food-safety practice and any instructions provided with the product.

Once a product has left our premises — whether collected by a courier we booked, a courier you arranged, or collected in person — responsibility for its correct transport, storage and use passes to the purchaser. Nilla Vanilla accepts no responsibility or liability for any damage, loss, illness, allergic reaction, spoilage or other harm arising from incorrect storage, incorrect use, use beyond a reasonable shelf life, use by a person with a known or unknown sensitivity or allergy, or any use of the product other than as a normal food ingredient in accordance with good food-safety practice. If you or anyone in your household has a food allergy or sensitivity, please check ingredients and consult a medical professional before use — nothing on the Site constitutes medical or dietary advice.

11. Intellectual property

All content on the Site — including text, product descriptions, photographs, graphics, logos and the Nilla Vanilla name and branding — is owned by or licensed to Nilla Vanilla and is protected by South African and international intellectual property law. You may view, print and download extracts of the Site for your own personal, non-commercial use only. You may not reproduce, republish, distribute or exploit any part of the Site or its content for commercial purposes without our prior written consent.

12. Acceptable use

When using the Site, you agree not to: use it for any unlawful purpose or in a way that breaches any applicable law; attempt to gain unauthorised access to any account, system or data on or connected to the Site; interfere with or disrupt the Site's operation (including via malicious code, excessive automated requests, or attempts to bypass rate limits or security controls); or submit false, misleading or fraudulent information (including in an order, an account, a wholesale application, or a message to our live chat). We may suspend access and/or take further action, including legal action, in response to a breach of this section.

13. Live chat and automated assistance

The Site offers a live chat feature that may respond to your questions using an automated assistant before a real person becomes involved. The automated assistant is intended to answer general questions from information published on the Site and, for logged-in customers, your own account and order information — it is not a substitute for professional, legal, medical or dietary advice, and its responses do not form part of these Terms or vary them. You can ask to speak to a real person at any point in a chat. See our Privacy Policy for what information is collected and processed through live chat.

14. Third-party services

We rely on third-party providers to operate the Site and fulfil orders, including PayFast (payments), The Courier Guy (domestic delivery), Zoho (email), and an AI/language-model provider used for the live chat assistant. Each provider processes information under its own terms and privacy practices for the specific purpose of providing its service to us — see our Privacy Policy for detail. We are not responsible for the acts or omissions of these third-party providers, save to the extent required by law.

15. Limitation of liability and indemnity

To the maximum extent permitted by law, our total liability arising out of or in connection with an order is limited to the amount you paid for that order. We are not liable for any indirect, special or consequential loss, including loss of profit, business, or data, whether arising in contract, delict or otherwise. Nothing in these Terms excludes or limits any liability, or any right you have as a consumer, that cannot lawfully be excluded or limited under the Consumer Protection Act 68 of 2008 or any other applicable law.

You agree to indemnify and hold us harmless against any claim, loss or expense arising from your breach of these Terms, your misuse of the Site, or your misuse or incorrect storage of a product after delivery, to the extent permitted by law.

16. Force majeure

Neither party will be liable for any failure or delay in performing an obligation under these Terms where that failure or delay results from circumstances beyond that party's reasonable control, including natural disaster, adverse weather, strike, civil unrest, government action, courier network failure, or interruption to power, internet or payment infrastructure.

17. Promotions and discount codes

From time to time we may run promotions or issue discount codes. Unless stated otherwise, promotions and discount codes: are valid only for the period stated; apply to a single order per customer unless stated otherwise; cannot be combined with other offers unless expressly stated; have no cash value; and may be withdrawn or amended by us at any time before an order using them is placed.

18. Dispute resolution

If a dispute arises, please contact us first at [email protected] so we can try to resolve it directly. Nothing in this section prevents you from exercising any right you have to refer a dispute to the National Consumer Commission, an applicable consumer ombud scheme, or a court of competent jurisdiction.

19. Governing law and jurisdiction

These Terms are governed by the laws of the Republic of South Africa. You and we agree to submit to the non-exclusive jurisdiction of the applicable South African courts in respect of any dispute arising from these Terms or your use of the Site.

20. General

If any provision of these Terms is found by a court or other competent authority to be invalid or unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect. These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and us in relation to your use of the Site and supersede any prior agreement on the same subject. Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision.

21. Changes to these Terms

We may update these Terms from time to time to reflect changes in our operations or the law; the current version will always be available on this page, with the “last updated” date above reflecting the most recent revision. Continuing to use the Site after a change takes effect means you accept the updated Terms. Where a change materially affects an order you have already placed but not yet received, the terms in force at the time you placed that order will continue to apply to it.

22. Contact us

Questions about these Terms can be sent to [email protected] or through our contact page.