Legal Conceptual Overview
This site is a Unilever site that helps you place orders with third party suppliers. You will be rewarded with exciting loyalty incentives for using this site.
We explain everything about the rewards programme here.
It is important that you understand that Unilever is not liable for any loss that you suffer as a result of your order from the third party, no matter how it occurs.
Your legal relationship is still directly with the supplier of the goods. You must make sure that you understand that relationship. Unilever is not liable for the quality of the goods or services that you order. Unilever is not liable for any loss resulting from using that supplier. Unilever is not acting as an intermediary as defined in the Consumer Protection Act (Act 68 of 2008).
You can choose to go directly to the supplier without going through this site. But you will not get the loyalty rewards if you do this.
It is also important that you consider the following Unilever policies that you can access on this site:
- Chef Rewards terms and conditions
- Website terms and conditions
Note that if a reward is restricted or limited, there must be 20 day notice of this to the user – this can appear on the website.
You must be able to supply the reward or a reward of similar nature and value.
For the purposes of the CPA it is my opinion that we are the supplier of the rewards. Therefore all CPA provisions relating to delivery and return of goods apply. This is s19 and 20. So while we do not take responsibility for delivering ordered product timeously etc, we have that responsibility vis-à-vis the rewards. If a consumer is not satisfied with the reward on reasonable grounds, we must allow return and a refund of the reward points.
In terms of product liability on the rewards, there is an argument that we have liability responsibilities as we arguably fall within the definition of “distributor”. However, as we are also a customer, and will have received the product from another distributor, this liability would flow upstream. I suggest that this be specifically set out in contracts with the suppliers of the prizes wherever feasible. There is also another argument that we are not actually a distributor at all, as this is not done “in the ordinary course of business”.