Terms of service

Forever Fresh Foods (Pty) Ltd trading as Forever Frozen

Effective date: 5 August 2026

1. ABOUT FOREVER FROZEN

1.1 Forever Fresh Foods (Pty) Ltd, registration number 2016/132807/07, operates the Forever Frozen brand and the website at foreverfrozen.co.za. In these Terms, “Forever Frozen”, “Forever Fresh Foods”, “we”, “us” and “our” refer to Forever Fresh Foods (Pty) Ltd unless the context indicates otherwise.

1.2 We manufacture, market and sell frozen food products and related services. Certain services offered through the website may involve approved third-party service providers, as described in these Terms or in separate terms presented to you.

1.3 “Appliance Provider” means any third party appointed or approved in connection with the supply, financing, ownership, vetting, delivery, servicing, repair, replacement, collection, recovery or ownership transfer of an appliance offered through a membership.

1.4 “Appliance Provider Terms” means the terms, notices, mandates and disclosures applicable to the relevant appliance arrangement and presented to the customer.

2. ACCEPTANCE, SCOPE AND INCORPORATED TERMS

2.1 By accessing the website, creating or using an account, placing an order, submitting information or using any website service, you agree to these Terms to the extent applicable to that activity.

2.2 These Terms apply to website use and ordinary product purchases. When you apply for or join the Forever Frozen Membership programme, the separate Forever Frozen Membership Terms also apply. If you select an appliance-linked membership, the applicable Appliance Provider Terms and disclosures also apply.

2.3 The following policies are incorporated into these Terms where relevant: the Shipping Policy, the Refund Policy and the Privacy Policy. Product-specific terms, promotion rules and other terms presented before checkout may also apply to the relevant transaction.

2.4 If there is a conflict between documents, the more specific document prevails for the matter it regulates:

(a) the Membership Terms for membership fees, membership credit, renewals, pauses, defaults, membership changes and cancellation;

(b) the Appliance Provider Terms for appliance ownership, possession, delivery, use, servicing, risk, return, recovery and ownership transfer, subject to any specific provision in the Membership Terms governing Forever Frozen’s own obligations;

(c) the Shipping Policy for product dispatch and delivery;

(d) the Refund Policy for ordinary product returns and refunds, except where the Membership Terms contain a specific membership rule; and

(e) the Privacy Policy for personal-information processing, supplemented by any specific privacy or consent notice presented during a membership or appliance application.

2.5 Nothing in these Terms excludes, limits or replaces any right or remedy that cannot lawfully be excluded under the Consumer Protection Act 68 of 2008 or other applicable law.

3. ELIGIBILITY AND CUSTOMER ACCOUNTS

3.1 You must be at least 18 years old and legally capable of entering into a binding agreement to place an order or enter into a membership in your own name. A parent or legal guardian must transact for a minor.

3.2 You must provide complete, current and accurate information. You must promptly update your contact, delivery, billing and account information where it changes.

3.3 You are responsible for safeguarding access to your account, email account, mobile number and any one-time code or authentication method used to access the website. You must notify us promptly if you suspect unauthorised account access.

3.4 You may not create an account or transact using another person’s identity, payment method or contact details without lawful authority.

4. ELECTRONIC CONTRACTING AND COMMUNICATIONS

4.1 You agree that contracts, notices, consents and records may be created and retained electronically. An action such as selecting an acceptance checkbox, completing checkout, authorising payment, submitting an application, authenticating access to your account or otherwise clearly confirming acceptance may constitute an electronic signature or electronic acceptance where permitted by law.

4.2 We may retain electronic records showing the version of the terms presented, the selections made, transaction or application references, payment status, date and time, and other technical or account information reasonably required to evidence the transaction.

4.3 We may send transactional and service communications to the email address, mobile number, WhatsApp account or customer account associated with your transaction. These communications may include order, payment, membership, credit, delivery, support, default, cancellation and appliance-related notices. Transactional communications are not dependent on separate marketing consent.

4.4 Marketing communications are governed by the consent and opt-out choices described in the Privacy Policy and in the relevant message. You may opt out of marketing without preventing communications reasonably necessary to administer an existing order, account or membership.

5. NUTRITIONAL, ALLERGEN AND HEALTH INFORMATION

5.1 We are a food manufacturer and supplier, not a medical practitioner or personal nutrition adviser. General nutritional, lifestyle or potential health-benefit information published on the website is provided for general information and is not medical advice or a personalised health claim.

5.2 Product ingredients, allergen information, preparation instructions, storage requirements and other information must be read before use. Product suitability may differ between individuals. If you have an allergy, medical condition, dietary restriction or uncertainty, obtain appropriate professional advice before consuming the product.

5.3 You must follow the storage, thawing, preparation and handling instructions supplied with the product. Frozen products must be placed in suitable frozen storage promptly after delivery or collection.

6. ONLINE STORE USE

6.1 You may not use the website, our products or our services for an unlawful or unauthorised purpose, or in a manner that infringes another person’s rights.

6.2 You may not introduce viruses, malware, destructive code or other material that may compromise the website, payment systems, accounts or connected services.

6.3 A material breach may result in suspension or termination of website access, subject to applicable law and any separate terms governing an existing order or membership.

7. PRODUCTS, AVAILABILITY AND ORDERS

7.1 Products and services may be offered exclusively online, may be limited by stock, production capacity, geography, delivery capability or other operational constraints, and may be withdrawn from future sale.

7.2 We take reasonable steps to display product images, descriptions, ingredients, sizes and prices accurately. Screen settings, packaging changes, production variation and reasonable substitutions may cause minor differences that do not materially alter the product.

7.3 An order is subject to acceptance by us. We may refuse, limit or cancel an order where there is a pricing or stock error, suspected fraud, abuse, resale activity, delivery limitation, payment failure, safety concern or other legitimate reason. Where we cancel a paid order, we will provide the applicable refund or credit in accordance with the Refund Policy and applicable law.

7.4 We may limit quantities purchased per customer, account, household, payment method, billing address or delivery address where reasonably necessary to protect stock availability, prevent abuse or administer a promotion.

8. PRICES, PROMOTIONS AND CHANGES

8.1 All prices are stated in South African Rand and include VAT unless clearly stated otherwise.

8.2 Product prices and future offers may change before an order is accepted. A price change will not retrospectively alter an order already accepted and paid, except where an obvious error is handled lawfully and fairly.

8.3 Changes to the price, benefits or operation of an active membership are governed by the Membership Terms. General website wording allowing prices or services to change does not override any notice, consent, cancellation or other protection contained in the Membership Terms.

8.4 Promotions, discount codes, gift cards and store credit may be subject to specific conditions, validity periods, eligible products and exclusions disclosed with the relevant offer or programme.

9. PAYMENT PROCESSING AND SECURITY

9.1 Payments may be processed through an approved payment service provider disclosed at checkout or during membership enrolment. Payment providers process payment credentials in their secure environments. We do not ordinarily store complete card details on the Forever Frozen website.

9.2 The merchant outlet country is South Africa and the transaction currency is South African Rand unless expressly stated otherwise.

9.3 A payment is treated as received only once it has been successfully authorised and is not reversed, dishonoured, charged back or otherwise withdrawn. We may withhold dispatch, credit allocation, activation or another benefit until payment is confirmed.

9.4 Where you authorise recurring membership payments, the authority and billing rules are governed by the Membership Terms and the payment mandate presented to you.

9.5 We remain responsible for the goods and services that we supply directly, including ordinary order administration, customer support, dispute handling and delivery responsibilities allocated to us under these Terms and the incorporated policies. Appliance-related responsibilities are allocated under clause 13, the Membership Terms and the applicable Appliance Provider Terms.

10. BILLING AND ACCOUNT INFORMATION

10.1 You must provide accurate billing and payment information and ensure that you are authorised to use the payment method supplied.

10.2 You authorise us and our payment service providers to use the supplied payment information to process the relevant transaction and, where separately authorised, recurring payments.

10.3 We may contact you using the details supplied if an order, payment, account or membership requires clarification or action.

11. SHIPPING, DELIVERY AND COLLECTION

11.1 Product dispatch, delivery areas, minimum order values, packaging charges, delivery windows, receipt obligations, missed deliveries, claims and collection arrangements are governed by the Shipping Policy.

11.2 An order paid wholly or partly with membership credit remains subject to the Shipping Policy unless the Membership Terms expressly provide otherwise.

11.3 Delivery estimates are not guaranteed where delay results from circumstances outside our reasonable control. Your statutory rights and any specific frozen-delivery guarantee stated in the Shipping Policy remain unaffected.

12. RETURNS, REFUNDS AND STORE CREDIT

12.1 Returns, replacements, refunds and ordinary order credits are governed by the Refund Policy, the Shipping Policy where a delivery issue is involved, and applicable law.

12.2 Membership fees, membership credit, credit expiry, an appliance-application decline, duplicate membership payments, cancellation and other membership-specific refunds are governed by the Membership Terms. Those specific rules prevail over the general Refund Policy where they differ.

12.3 Store credit is not cash and is subject to the rules disclosed when it is issued, including any expiry, transferability, product eligibility and account restrictions. Membership credit is governed separately by the Membership Terms.

13. MEMBERSHIPS AND APPLIANCES

13.1 The Forever Frozen Membership programme is a separate recurring service. Applying for or joining the programme requires express acceptance of the Membership Terms and the applicable payment authority.

13.2 Where an appliance option is selected, the appliance application is subject to approval by an Appliance Provider. The Appliance Provider may conduct identity, credit-record, affordability and other lawful verification or approval processes in accordance with the applicable Appliance Provider Terms and privacy notices. Payment to Forever Frozen or acceptance into the meal membership does not by itself guarantee appliance approval or delivery.

13.3 The appliance owner and the appliance lifecycle service provider will be identified in the applicable Appliance Provider Terms. They may be the same entity or different entities. Forever Frozen administers the membership, member billing, membership credit and meal-related services. The responsible Appliance Provider performs the appliance functions allocated to it, which may include vetting, delivery, servicing, repair, replacement, collection, recovery and ownership transfer.

13.4 Unless expressly stated otherwise in the Membership Terms or applicable Appliance Provider Terms, Forever Frozen does not acquire ownership of an appliance merely because it is offered as a membership benefit or because Forever Frozen makes payments under a separate commercial arrangement.

13.5 The member’s rights and duties concerning possession and use of an appliance are set out in the Membership Terms and the applicable Appliance Provider Terms.

13.6 We may appoint different Appliance Providers for different products, membership options, regions or application periods. The Appliance Provider applicable to your arrangement will be identified before or during your application.

13.7 We will not substitute the contractual owner or provider for an existing appliance arrangement in a manner that materially reduces your rights without following the applicable agreement and law.

13.8 Nothing in this clause excludes or limits any legal responsibility that Forever Frozen has for its own representations, conduct or obligations, or any responsibility of an appliance owner or Appliance Provider under its applicable agreement or applicable law.

14. THIRD-PARTY SERVICES, TOOLS AND LINKS

14.1 The website may provide access to third-party payment, subscription, communications, delivery, appliance, analytics or other services. Their own terms and privacy practices may apply where presented to you.

14.2 Links to independent third-party websites are provided for convenience. We do not control independent third-party content and are not responsible for it, except to the extent that applicable law or a specific agreement provides otherwise.

14.3 The specific allocation of responsibilities for appliances is governed by clause 13, the Membership Terms and the applicable Appliance Provider Terms and is not reduced to a general third-party-link disclaimer.

15. PERSONAL INFORMATION

15.1 Our collection, use, sharing, storage and protection of personal information is governed by the Privacy Policy and applicable law, including the Protection of Personal Information Act 4 of 2013.

15.2 Membership and appliance applications may require additional personal information and consent, including identity, contact, delivery, payment, credit or affordability information. The relevant application notice, Membership Terms and Appliance Provider Terms will explain the intended processing and sharing.

15.3 Where necessary to administer an appliance-linked membership, we may share relevant information with an Appliance Provider and may receive application, approval, delivery, support, default, cancellation, recovery or ownership-transfer information from that provider, subject to the Privacy Policy, the relevant notices and applicable law.

16. INTELLECTUAL PROPERTY AND PERMITTED USE

16.1 The website, brand names, logos, photographs, recipes, product descriptions, layouts, software and other content are owned by or licensed to us and are protected by applicable intellectual-property law.

16.2 You may use the website for personal, lawful shopping and information purposes. You may not reproduce, scrape, copy, sell, resell, exploit or commercially use a material part of the website or its content without our prior written permission, except where permitted by law.

17. USER COMMENTS, REVIEWS AND SUBMISSIONS

17.1 You remain responsible for comments, reviews, suggestions, photographs and other material that you submit. You must have the right to submit that material and it must not be unlawful, misleading, defamatory, abusive, infringing or harmful.

17.2 By submitting material for publication or use in connection with our business, you grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, adapt, publish and display it for the purpose for which it was submitted and for reasonable related business purposes, subject to the Privacy Policy and applicable law.

17.3 We may moderate, refuse or remove submitted material where reasonably necessary, but we are not obliged to publish or respond to it.

18. ERRORS, INACCURACIES AND OMISSIONS

18.1 The website may occasionally contain typographical errors, inaccurate availability, incorrect prices or incomplete information. We may correct the information and take reasonable steps to notify affected customers.

18.2 Where an error affects an order already submitted, we will deal with it reasonably and in accordance with applicable law. We may offer the correct transaction, an alternative, a refund or another lawful remedy. We will not use this clause to avoid an agreement merely because it later becomes commercially inconvenient.

19. PROHIBITED USES

19.1 You may not use the website or its content to commit or encourage unlawful conduct; infringe intellectual-property, privacy or other rights; submit false or misleading information; harass, threaten or discriminate unlawfully; transmit malicious code; collect another person’s information unlawfully; spam, phish, scrape or interfere with security; impersonate another person; or circumvent purchase, account, payment or membership controls.

19.2 We may suspend or terminate access for a prohibited use, preserve relevant records, and report conduct where required or permitted by law.

20. WEBSITE AVAILABILITY, WARRANTIES AND LIABILITY

20.1 We take reasonable steps to operate the website securely and reliably, but do not guarantee that access will always be uninterrupted, error-free or available. Planned maintenance, technical failure, cyber incidents, third-party outages and events outside our reasonable control may affect availability.

20.2 Except for rights, warranties and remedies that cannot lawfully be excluded, general website content and functionality are provided on an “as available” basis. This does not exclude any statutory warranty or right relating to goods or services supplied to a consumer.

20.3 To the maximum extent permitted by law, neither party is liable to the other for indirect, special or consequential loss that was not reasonably foreseeable when the relevant agreement was concluded. This limitation does not apply to fraud, wilful misconduct, gross negligence, death or personal injury caused unlawfully, breach of confidentiality or personal-information duties, or liability that cannot lawfully be limited.

20.4 Forever Frozen is responsible for its own goods, services, statements and obligations. The applicable appliance owner or Appliance Provider is responsible for the appliance matters allocated to it under the Appliance Provider Terms and applicable law. Each party remains responsible for its own conduct, and these Terms do not create a blanket exclusion for either party.

20.5 Any remedy relating to food quality, order delivery, payment, membership or an appliance must be assessed under the document that specifically regulates that matter, together with applicable law.

21. INDEMNITY

21.1 To the extent permitted by law, you indemnify us against a third-party claim arising directly from your unlawful use of the website, your infringement of that third party’s rights, your submission of unlawful material or your deliberate material breach of these Terms.

21.2 This indemnity does not apply to the extent that a claim was caused or contributed to by our own unlawful conduct, negligence or breach, and it does not exclude any consumer protection available under applicable law.

22. SUSPENSION AND TERMINATION

22.1 You may stop using the website at any time. Stopping website use does not automatically cancel an accepted order, outstanding payment obligation or membership. Membership cancellation must follow the Membership Terms.

22.2 We may suspend or terminate website access where you materially breach these Terms, commit fraud or unlawful conduct, threaten the security or operation of the website, or misuse an account. Where reasonably possible, we will act proportionately and provide notice or an opportunity to remedy the breach.

22.3 Termination does not affect rights and obligations that arose before termination or provisions that by their nature continue, including payment, intellectual property, confidentiality, dispute, liability and record-retention provisions.

23. EVENTS OUTSIDE REASONABLE CONTROL

23.1 We are not liable for delay or failure caused by an event outside our reasonable control, including severe weather, power or network failure, transport disruption, strike, civil disturbance, government action, public-health emergency, supplier failure or breakdown of cold-chain services, provided that we take reasonable steps to limit the effect and communicate material impacts where practical.

23.2 This clause does not remove rights or remedies that cannot lawfully be excluded, and the specific treatment of delivery failures remains subject to the Shipping Policy.

24. COMPLAINTS AND DISPUTES

24.1 Please contact us first so that we can investigate and attempt to resolve a complaint. Provide the relevant order, membership or application reference and supporting information.

24.2 Nothing in these Terms prevents you from referring a matter to the National Consumer Commission, a court, an ombud or another authority or dispute-resolution body with jurisdiction.

24.3 An appliance-related complaint may need to be handled by the applicable appliance owner or Appliance Provider where it concerns a matter allocated to that party. We will direct the complaint to the appropriate service owner and, where lawful and reasonably practicable, assist by providing relevant reference or status information.

25. WAIVER, SEVERABILITY AND INTERPRETATION

25.1 A failure or delay in enforcing a right is not a waiver of that right.

25.2 If a provision is unlawful or unenforceable, it must be limited or severed only to the minimum extent necessary, and the remaining provisions continue to apply.

25.3 Headings are for convenience. “Including” means including without limitation. A reference to a law includes amendments and replacement legislation.

25.4 These Terms must be interpreted in plain language and consistently with applicable consumer-protection law. An ambiguity will not automatically be interpreted in favour of the party that drafted the document where the law provides otherwise.

26. ENTIRE AGREEMENT AND PRIORITY

26.1 These Terms, the policies incorporated by reference, any applicable Membership Terms, Appliance Provider Terms, product or promotion terms, and the order or application details presented and accepted by you constitute the agreement relating to the relevant transaction or service.

26.2 The priority rules in clause 2.4 apply where documents overlap or conflict. A general provision in these Terms does not override a specific provision in the Membership Terms, Appliance Provider Terms, Shipping Policy or Refund Policy for the matter that the specific document regulates.

26.3 No oral statement changes these Terms unless it is confirmed in a form that is binding under applicable law by a person authorised to do so.

27. GOVERNING LAW AND JURISDICTION

27.1 These Terms and any separate agreement through which we provide goods or services are governed by the laws of the Republic of South Africa.

27.2 A dispute may be brought before any court or consumer body that has jurisdiction under applicable law. Nothing in these Terms requires a consumer to waive a forum or remedy that cannot lawfully be waived.

28. CHANGES TO THESE TERMS

28.1 We may update these Terms by publishing the revised version on the website with an updated effective date. Changes apply prospectively from the stated effective date.

28.2 A change to these general Terms does not automatically amend an accepted order or an active membership where the applicable agreement or law requires notice, consent, a cancellation right or another procedure. Material membership changes are governed by the Membership Terms.

28.3 Your continued use of the website after the effective date of revised Terms constitutes acceptance for future website use, but not where express acceptance is legally required for a particular transaction or change.

29. CONTACT INFORMATION

29.1 This website is operated by Forever Fresh Foods (Pty) Ltd, registration number 2016/132807/07, trading as Forever Frozen.

29.2 Physical address: Unit 1A, 2 Erica Way, Somerset West Business Park, Somerset West, 7130, Western Cape, South Africa.

29.3 Email: info@foreverfrozen.co.za | Telephone: 087 550 1579

29.4 Questions about these Terms should be sent using the contact details above. For an order, membership or appliance matter, include the relevant reference number so that the enquiry can be routed correctly.