Terms of Service

Effective Date: 7 September 2026

Welcome to Phala’s Eating House.

These Terms of Service govern your use of the Phala’s Eating House online store and website, including browsing our website, placing orders, making payments, and using any services made available through the website.

By accessing or using our website, you agree to be bound by these Terms of Service. If you do not agree with these terms, please do not use our website or place an order.

1. About Our Store

Phala’s Eating House operates an online food ordering service through Shopify.

Our website allows customers to view available products, place food and beverage orders, select available delivery or collection options, and make payments using the payment methods made available at checkout.

2. Eligibility

By using this website or placing an order, you confirm that:

• You are legally capable of entering into a binding agreement;
• The information you provide is accurate and complete;
• You are authorised to use the payment method used for your order; and
• You will comply with these Terms of Service and applicable South African law.

If you are placing an order on behalf of another person or household, you are responsible for ensuring that the information supplied to us is accurate.

3. Products and Availability

We make reasonable efforts to ensure that product descriptions, photographs, prices, menus, and other information displayed on our website are accurate.

However:

• Product photographs are for illustrative purposes and actual presentation may vary;
• Ingredients, availability, portions, and presentation may change;
• Some menu items may become temporarily or permanently unavailable; and
• We may update or discontinue products without prior notice.

Where a product becomes unavailable after an order has been placed, we may contact the customer to discuss an appropriate alternative or other applicable remedy.

4. Prices

All prices displayed on our website are stated in South African Rand (ZAR), unless otherwise indicated.

Prices and applicable charges may change from time to time.

The applicable price and charges displayed at checkout before the order is submitted will apply to that order, subject to correction of obvious pricing errors and applicable law.

Delivery charges, where applicable, will be displayed separately or included in the order total before checkout is completed.

5. Placing an Order

When you place an order through our website, you are submitting a request to purchase the selected products.

An order is not necessarily accepted merely because it has been submitted.

We may decline or cancel an order where, for example:

• A product is unavailable;
• We cannot deliver to the supplied address;
• Payment has not been successfully authorised;
• The information supplied is materially incorrect;
• There is an obvious pricing or technical error; or
• Circumstances prevent us from fulfilling the order.

Where an order is cancelled by us after payment has been received, any refund or other remedy will be handled in accordance with applicable law.

6. Order Confirmation

After placing an order, you may receive an order confirmation through the contact details supplied during checkout.

An order confirmation records the details of your submitted order but does not prevent us from contacting you if there is a problem with availability, payment, delivery, or another material aspect of the order.

7. Payment

Payment must be completed using one of the payment methods made available at checkout.

You confirm that you are authorised to use the payment method provided.

We do not intentionally store complete payment-card information on our own systems where payment processing is handled by an authorised third-party payment provider.

Payment processing may be subject to the terms and conditions of the applicable payment provider.

8. Delivery and Collection

Delivery and collection are subject to our Shipping & Delivery Policy.

Delivery availability, delivery fees, estimated delivery times, collection arrangements, failed deliveries, and customer responsibilities are addressed in that policy.

By placing an order, you agree to provide accurate delivery or collection information and to cooperate reasonably with the fulfilment of your order.

9. Cancellation, Returns and Refunds

Food and beverages are generally prepared specifically for the customer and are therefore generally non-returnable and non-refundable once preparation has commenced.

Our No Returns & Refunds Policy applies to cancellations, returns, refunds, incorrect orders, missing items, and related matters.

Nothing in these Terms of Service or our refund policy is intended to exclude or limit any consumer right or remedy that cannot legally be excluded or limited under South African law.

10. Food Allergies and Dietary Requirements

Customers are responsible for informing Phala’s Eating House of any relevant allergies, intolerances, dietary restrictions, or ingredient requirements before placing or accepting an order where applicable.

Although we will take reasonable care when information is provided, our food may be prepared in an environment where various ingredients are handled.

Customers with severe or life-threatening allergies should contact us before ordering to determine whether we can safely accommodate their requirements.

11. Customer Information

You are responsible for ensuring that information supplied during checkout or account registration is accurate, current, and complete.

This may include:

• Your name;
• Telephone number;
• Email address;
• Delivery address;
• Collection information; and
• Other information necessary to fulfil your order.

We may use the information you provide to process and fulfil your order and communicate with you about it.

Our handling of personal information is governed by our Privacy Policy and applicable South African privacy legislation.

12. Website Use

You agree not to misuse our website.

You must not:

• Attempt to gain unauthorised access to our systems;
• Interfere with the operation or security of the website;
• Introduce malicious software or harmful code;
• Use automated systems to abuse or overload the website;
• Submit fraudulent or intentionally misleading information;
• Use the website for unlawful purposes; or
• Attempt to interfere with another customer's use of the website.

We reserve the right to restrict or terminate access where we reasonably believe that the website is being misused.

13. Intellectual Property

Unless otherwise stated, the content displayed on the Phala’s Eating House website, including our branding, logos, photographs, graphics, text, menu descriptions, design elements, and other original materials, belongs to or is used by Phala’s Eating House under appropriate rights.

You may access and use the website for personal, non-commercial purposes.

You may not reproduce, modify, distribute, sell, publish, or commercially exploit our protected content without appropriate permission.

14. Third-Party Services

Our website may use third-party services, including Shopify, payment processors, delivery providers, analytics services, and other technology providers.

These services may operate under their own terms and privacy policies.

Phala’s Eating House is not responsible for independent services or websites operated by third parties, except to the extent required by applicable law.

15. Website Availability

We aim to keep our website available and functioning properly, but we do not guarantee uninterrupted or error-free access.

The website may occasionally be unavailable because of:

• Maintenance;
• Technical problems;
• Internet or network failures;
• Security incidents;
• Third-party service interruptions; or
• Other circumstances outside our reasonable control.

We may modify, suspend, or discontinue parts of the website or its functionality where reasonably necessary.

16. Errors and Corrections

We make reasonable efforts to maintain accurate information on our website.

However, errors may occasionally occur, including errors involving:

• Product descriptions;
• Prices;
• Availability;
• Images;
• Delivery information; or
• Other website content.

Where an obvious error materially affects an order, we may contact the customer to correct or resolve the issue.

Nothing in this section limits any rights available to consumers under applicable law.

17. Limitation of Liability

To the extent permitted by applicable law, Phala’s Eating House will not be responsible for losses arising from circumstances outside our reasonable control.

This may include failures caused by third-party service providers, telecommunications failures, internet outages, extreme weather, traffic incidents, or other unforeseen circumstances.

Nothing in these Terms excludes or limits liability or consumer rights where doing so would be unlawful under South African law.

18. Indemnity

To the extent permitted by applicable law, you agree to be responsible for losses, claims, or reasonable costs arising from your unlawful misuse of our website, fraud, or intentional violation of these Terms.

This clause does not require you to indemnify Phala’s Eating House for matters for which we are legally responsible.

19. Suspension or Termination

We may suspend or terminate access to website features or customer accounts where reasonably necessary, including in cases of suspected fraud, abuse, unlawful activity, security risks, or material violation of these Terms.

Termination will not affect rights or obligations that arose before termination.

20. Changes to These Terms

We may update these Terms of Service from time to time.

The updated version will be published on our website with a revised effective date.

Your continued use of the website after updated terms have been published constitutes acceptance of the updated Terms to the extent permitted by applicable law.

21. Governing Law

These Terms of Service are governed by the laws of the Republic of South Africa.

Any dispute arising from your use of our website or purchase of our products will be dealt with in accordance with applicable South African law and the jurisdiction of the appropriate South African courts or other legally available dispute-resolution mechanisms.

22. Consumer Protection

Nothing in these Terms of Service is intended to exclude, restrict, or waive any right or remedy available to a consumer under the Consumer Protection Act, 2008 (Act 68 of 2008), the Electronic Communications and Transactions Act, 2002 (Act 25 of 2002), the Protection of Personal Information Act, 2013 (Act 4 of 2013), or any other applicable South African law.

Where a provision of these Terms conflicts with a mandatory legal requirement, the applicable legal requirement will prevail.

23. Entire Agreement

These Terms of Service, together with our applicable policies and any specific terms presented to you during checkout, form the agreement governing your use of our online store and the purchase of products through it, to the extent permitted by applicable law.

24. Contact Us

If you have questions about these Terms of Service, your order, or our policies, please contact Phala’s Eating House using the contact details provided on our website.

Phala’s Eating House reserves the right to update these Terms of Service from time to time.