Shipping Policy
SHIPPING POLICY
Effective Date: 23 June 2025
1. INTRODUCTION
This Shipping Policy explains how Goldberg Import and Export CC, trading as GOLDEN CHEF (“GOLDEN CHEF”, “we”, “our”, “us”), delivers Goods to its Customers. This Policy forms part of, and should be read together with, our Standard Terms and Conditions of Sale.
By placing an Order, the Customer agrees to be bound by this Shipping Policy in its entirety. Where there is any inconsistency between this Policy and any other document, this Policy shall prevail in respect of delivery, collection, risk and related matters, except to the extent that it conflicts with the Customer’s non-excludable statutory rights.
2. PAYMENT BEFORE DISPATCH
No Goods will be dispatched, released for collection, or handed to any courier until the full purchase price, together with all delivery, handling and any other applicable charges, has been paid and the funds have cleared in GOLDEN CHEF’s bank account.
Proof of payment, a payment reference, or a bank confirmation slip does not constitute payment. GOLDEN CHEF is under no obligation to dispatch Goods on the strength of unverified or uncleared funds.
GOLDEN CHEF may, at its sole discretion, refuse to dispatch any Order where payment verification is incomplete, regardless of any estimated delivery date previously communicated.
3. DELIVERY AREAS
Delivery is offered only where GOLDEN CHEF, in its sole discretion, considers it practical, commercially viable and safe to do so. Delivery is not guaranteed to any address, regardless of past delivery history to that address.
GOLDEN CHEF may at any time, without liability, decline to deliver to a particular area, suspend deliveries to a region, or require the Customer to collect Goods instead.
4. DELIVERY TIMEFRAMES
All delivery periods, whether quoted verbally, in writing, on the Website, or in any marketing material, are estimates only and are never guaranteed or binding.
Typical delivery periods range from 1 to 5 Business Days; however, actual delivery may take materially longer due to stock availability, courier schedules, destination, weather, public holidays, transport delays, operational constraints, or Force Majeure events.
GOLDEN CHEF shall have no liability whatsoever — whether for direct, indirect, incidental or consequential loss — arising from any delay in delivery, however caused. No discount, refund, compensation, or cancellation right arises solely because a delivery estimate was not met.
Time shall not be of the essence in respect of any delivery obligation under this Policy.
5. DELIVERY CHARGES
Unless expressly stated otherwise in writing, all quoted prices exclude delivery charges, off-loading equipment, rigging or lifting equipment, and any additional labour required on site. These charges are payable by the Customer in full before dispatch.
GOLDEN CHEF reserves the right to revise delivery charges at any time prior to dispatch to reflect actual cost, including where the delivery address, access conditions, or required equipment differ from what was originally disclosed by the Customer.
Delivery charges, once paid, are non-refundable except where GOLDEN CHEF is wholly unable to arrange any delivery solution whatsoever, as set out in clause 12.4.
6. DELIVERY ADDRESS
The Customer bears sole responsibility for providing a complete, correct and accessible delivery address, including any access codes, restrictions, or special instructions required to complete delivery.
GOLDEN CHEF shall bear no responsibility, and shall not be liable in any way, for delays, additional charges, failed deliveries, or any other consequence arising from incomplete, incorrect, or outdated information supplied by the Customer. All resulting costs, including re-delivery and storage charges, shall be borne entirely by the Customer.
7. FAILED DELIVERIES
A delivery attempt shall be deemed failed, and a full re-delivery fee shall become immediately payable by the Customer, where, on the first attempt:
- no authorised person is present to accept the Goods;
- access to the premises is denied or restricted;
- the address provided is incorrect or incomplete;
- unloading cannot safely or practicably occur;
- any amount owing to GOLDEN CHEF remains unpaid; or
- the Customer otherwise fails to cooperate with the delivery process.
No grace period, second free attempt, or courtesy redelivery applies. The re-delivery fee is payable in full before any further delivery attempt is scheduled, and GOLDEN CHEF may, at its discretion, require the Customer to collect the Goods instead.
Goods that cannot be delivered and are returned to GOLDEN CHEF’s premises may immediately attract storage charges in accordance with clause 10.4.
8. DELIVERY INSPECTION AND ACCEPTANCE
The Customer must inspect the Goods immediately upon delivery or collection, in the presence of the delivery driver or GOLDEN CHEF representative wherever reasonably possible.
Any shortage, visible damage, or incorrect Goods must be:
- noted in writing on the delivery or collection documentation at the time of delivery; and
- reported to GOLDEN CHEF in writing, together with clear photographic evidence, within 24 hours of delivery or collection.
Goods not reported in accordance with this clause within the stated 24-hour period shall be conclusively deemed to have been delivered complete, in good order, and free of any visible defect, and GOLDEN CHEF shall have no obligation to investigate, repair, replace or compensate in respect of any claim raised thereafter, save where such limitation is not permitted by law.
Signature of any delivery or collection document without a noted exception shall constitute unconditional acceptance of the Goods.
9. DELIVERY BY THIRD-PARTY COURIERS
Where delivery is performed by an independent third-party courier, that courier acts as an independent contractor and not as the agent of GOLDEN CHEF.
Once Goods are handed to a third-party courier, GOLDEN CHEF’s responsibility is limited to having engaged a reputable courier; GOLDEN CHEF shall not be liable for that courier’s acts, omissions, delays, mishandling, or failure to deliver. Any such claim must be pursued by the Customer directly against the courier, and GOLDEN CHEF will provide reasonable administrative assistance only, without admission of liability.
Courier delivery windows, tracking estimates and timeframes are entirely outside GOLDEN CHEF’s control and are not warranted in any way.
10. COLLECTION OF GOODS
10.1 Collection Requirements
Goods may only be released for collection once payment has been received in full and funds have cleared, and the Goods have been confirmed ready for collection by GOLDEN CHEF. No exceptions will be made.
10.2 Proof of Collection
Persons collecting Goods must present valid identification, proof of purchase, the Invoice, and, where collecting on behalf of another person, signed written authorisation. GOLDEN CHEF may refuse to release Goods where any of these requirements are not met, without liability for any resulting delay.
10.3 Third-Party Collections
Where Goods are collected by a courier or any representative appointed by the Customer, such collection shall constitute delivery to, and unconditional acceptance by, the Customer. The Customer assumes full responsibility for any loss, theft or damage occurring from the moment the Goods leave GOLDEN CHEF’s premises.
10.4 Uncollected Goods and Storage Charges
The Customer must collect Goods within 7 calendar days of being notified that the Goods are ready for collection.
Goods not collected within this period shall attract a storage fee, accruing daily, at GOLDEN CHEF’s then-current rate, payable before release of the Goods.
Where Goods remain uncollected for more than 21 calendar days, GOLDEN CHEF reserves the right, after reasonable attempts to contact the Customer and to the extent permitted by law, to dispose of, sell, or otherwise deal with the Goods to recover any outstanding amounts, without further notice and without any liability to the Customer for any shortfall, loss of value, or the disposal itself.
11. TRANSFER OF RISK
11.1 General Principle
Risk of loss, theft, or damage to the Goods passes to the Customer from the moment the Goods leave GOLDEN CHEF’s premises.
11.2 Collection
Where Goods are collected, risk transfers immediately upon the Goods leaving GOLDEN CHEF’s premises, regardless of who performs the collection.
11.3 Customer Responsibility After Risk Transfer
Once risk has passed, the Customer bears full responsibility for accidental damage, theft, loss, misuse, improper storage, and any transportation arranged by or on behalf of the Customer. GOLDEN CHEF shall have no liability whatsoever for any event occurring after risk has transferred, regardless of cause.
12. HIGH-RISK DELIVERY AREAS
12.1 Absolute Right to Decline or Suspend Delivery
GOLDEN CHEF reserves the unconditional right, at any time and without prior notice, to refuse, suspend, or terminate delivery to any address it considers, in its sole discretion, to present a safety, security, or operational risk. This right may be exercised even after a delivery has commenced.
12.2 Determination of Risk
An area may be classified as high-risk based on factors including crime statistics, hijacking incidents, violent crime, civil unrest, restricted access, unsafe roads, or prior delivery incidents, as determined solely by GOLDEN CHEF. This classification may change at any time without notice, and GOLDEN CHEF is not required to justify or disclose the basis for any such classification.
12.3 Alternative Arrangements
Where delivery cannot, in GOLDEN CHEF’s sole judgment, safely proceed, GOLDEN CHEF may, at its discretion, offer collection from its premises, collection from a courier depot, delivery via a specialist transport provider, or no alternative at all.
12.4 Costs and Limited Refund
Any additional cost arising from an alternative delivery arrangement shall be borne by the Customer. If, and only if, GOLDEN CHEF is unable to arrange any delivery or collection solution whatsoever, the Customer’s sole remedy shall be cancellation of the affected portion of the Order and a refund of delivery charges actually paid for that portion. No other compensation of any kind shall be payable.
13. SHORTAGES, DAMAGE AND DELIVERY CLAIMS
All claims relating to shortages, damage, or incorrectly supplied Goods are subject strictly to the reporting requirements in clause 8 (24-hour written notice with photographic evidence). Claims submitted outside this window will not be considered, save where required by law.
Where a valid, timeously reported claim relates to damage occurring during transportation arranged by GOLDEN CHEF, GOLDEN CHEF may, at its sole discretion, repair the Goods, replace the Goods, replace the damaged component only, or issue a credit limited to the value of the affected Goods. GOLDEN CHEF shall not be obliged to provide any other remedy.
The Customer must retain all original packaging and make the Goods available for inspection on request, failing which any claim may be rejected in full.
GOLDEN CHEF shall under no circumstances be liable for delays or losses caused by third parties, indirect losses, loss of production, loss of profit, loss of business opportunities, or any consequential damages of any nature arising from delayed, short, or damaged delivery.
14. FORCE MAJEURE
GOLDEN CHEF shall not be liable for, and the Customer shall have no claim, refund, or compensation right in respect of, any delay or failure to perform any delivery or collection obligation where such delay or failure is caused or contributed to by an event beyond GOLDEN CHEF’s reasonable control, including but not limited to natural disasters, floods, fires, severe weather, labour strikes, riots, civil unrest, war, acts of terrorism, pandemics, epidemics, government restrictions, import or export restrictions, transport disruptions, shortages of materials, supplier failures, power outages, or internet or communication failures.
GOLDEN CHEF’s obligations under this Policy shall be suspended for the duration of any Force Majeure event, for as long as that event and its effects continue, without any obligation to refund amounts already paid, including delivery charges, during the period of suspension.
GOLDEN CHEF will make reasonable efforts to resume normal delivery operations once the Force Majeure event has ended, but gives no warranty or guarantee as to timing.
15. LIMITATION OF LIABILITY
To the fullest extent permitted by law, GOLDEN CHEF’s total aggregate liability arising out of or in connection with delivery, collection, or transportation of Goods under this Policy, however arising, shall not exceed the lesser of: (a) the purchase price paid for the specific Goods affected; or (b) the direct cost to GOLDEN CHEF of repairing or replacing those Goods.
GOLDEN CHEF shall in no circumstances be liable for indirect, incidental, special, or consequential loss of any kind, including but not limited to loss of profit, loss of production, loss of business opportunity, loss of goodwill, loss of data, spoilage of food or beverages, or business interruption, even where GOLDEN CHEF has been advised of the possibility of such loss.
Nothing in this clause excludes or limits any liability that cannot lawfully be excluded under South African law, including applicable provisions of the Consumer Protection Act 68 of 2008.
16. CONTACT US
For enquiries relating to deliveries or this Shipping Policy, please contact:
Goldberg Import and Export CC, Trading as GOLDEN CHEF
Physical Address: 15 Westlake Drive, Westlake, Cape Town, 7945, South Africa
Telephone: +27 (21) 510 0386
Email: sales@goldenchef.co.za
Website: www.goldenchef.co.za