SECTION A

RETAIL / WEBSITE TERMS AND CONDITIONS

TERMS AND CONDITIONS

Aura Bean Roastery

Last Updated: 23 March 2026

  1. ACCEPTANCE OF TERMS

By accessing this website, placing an order, or using any services provided by Aura Bean Roastery (“Aura Bean”, “we”, “our”), you agree to be bound by these Terms and Conditions.

If you do not agree, you must immediately discontinue use of the website.

Use of this website constitutes a legally binding agreement.

  1. INVITATION TO DO BUSINESS

All products displayed on this website constitute an invitation to do business only.

No transaction shall be considered legally binding until:

  • payment has been received and cleared
    • the order has been accepted by Aura Bean

We reserve the right to:

  • refuse any order
    • cancel any transaction
    • correct any errors

without liability.

  1. PRODUCT DISCLAIMER

All products are provided on an “as is” and “as available” basis.

Aura Bean makes no warranties or guarantees, including but not limited to:

  • product suitability
  •  flavour consistency
  • uninterrupted availability
  • error-free product descriptions

Coffee is an agricultural product — variations in flavour, aroma, and appearance are expected.

  1. PRICING AND ERRORS

While we take reasonable care to ensure pricing accuracy:

Aura Bean shall not be bound by any incorrect pricing resulting from:

  • human error
  • system errors
  • third-party integrations

We reserve the right to:

  • Cancel such orders
  • refund payments made

without further obligation.

  1. PAYMENT AND PROCESSING

Orders will only be processed once:

  • full payment has been received
  • funds have cleared (for EFT payments)

Aura Bean reserves the right to:

  • delay processing
  • cancel unpaid orders

Ownership of goods remains with Aura Bean until full payment is received.

  1. ROASTING AND PRODUCT AVAILABILITY

All coffee is roasted per order.

Processing timelines are estimates only and not guaranteed.

Aura Bean shall not be liable for delays caused by:

  • production capacity
  • equipment limitations
  • supply chain disruptions
  1. SHIPPING AND DELIVERY

Delivery timelines are estimates only.

Aura Bean shall not be liable for:

  • courier delays
  • failed deliveries
  • logistical disruptions
  • incorrect addresses provided by the customer

Risk in the goods passes to the customer once the order leaves our premises.

 

  1. RETURNS AND REFUNDS

Returns are subject to the Consumer Protection Act, but the following applies:

Non-Returnable Items:

  • ground coffee
  • opened products
  • perishable goods

Conditions:

  • items must be unused
  • must be returned in original packaging

Aura Bean reserves the right to:

  • reject returns
  • charge handling/restocking fee
  • deduct shipping costs

 

  1. LIMITATION OF LIABILITY

To the fullest extent permitted by South African law:

Aura Bean shall not be liable for:

  • indirect damages
  • consequential damages
  • loss of profits
  • business interruption
  • • reputational loss

Total liability shall not exceed the value of the order.

 

  1. INDEMNITY

You agree to indemnify and hold harmless Aura Bean, its directors, employees, and affiliates against:

  • any claims
  • damages
  • legal costs
  • third-party disputes

arising from:

  • your use of the website
  • breach of these Terms
  • misuse of products

 

  1. WEBSITE USE AND RESTRICTIONS

You may not:

  • copy or reproduce content
  • deep-link or embed content
  • scrape data
  • misuse the platform

Unauthorised use may result in:

  • termination of access
  • legal action

 

  1. THIRD-PARTY SERVICES

We are not responsible for:

  • payment gateways
  • external websites
  • third-party services

Use of such services is entirely at your own risk.

  1. WEBSITE AVAILABILITY

We do not guarantee:

  • uninterrupted service
  • error-free operation
  • virus-free systems

Aura Bean shall not be liable for:

  • downtime
  • data loss
  • system failure

 

  1. PRIVACY AND DATA

We process personal data in accordance with POPIA.

We do not sell personal information.

However, we shall not be liable for:

  • third-party data breaches
  • external misuse of your data

 

  1. SECURITY

All payments are processed through secure third-party providers.

Aura Bean does not store card details.

We do not guarantee the absolute security of online transactions.

 

  1. TERMINATION OF ACCESS

Aura Bean reserves the right to:

  • suspend accounts
  • refuse service
  • terminate access

at any time, without notice, where:

  • Terms are breached
  • misuse is detected

 

  1. FORCE MAJEURE

Aura Bean shall not be liable for delays or failures caused by:

  • natural disasters
  • strikes
  • power outages
  • internet failures
  • courier disruptions

 

  1. HEALTH AND PRODUCT LIABILITY

All products are consumed at the customer’s own risk.

Aura Bean shall not be liable for:

  • allergic reactions
  • misuse of products
  • health-related issues

 

  1. MONITORING AND ENFORCEMENT

Aura Bean reserves the right to:

  • monitor website activity
  • investigate violations
  • remove content
  • take legal action
  1. CHANGES TO TERMS

We reserve the right to update these Terms at any time.

Continued use of the website constitutes acceptance of updated Terms.

 

  1. GOVERNING LAW

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

All disputes fall under South African jurisdiction.

 

  1. ENTIRE AGREEMENT

These Terms constitute the entire agreement between Aura Bean and the user.

No verbal agreements shall override these Terms.

  1. CONSENT

By using this website, you confirm that:

  • you have read and understood these Terms
  • you accept all provisions
  • you agree to be legally bound

 

  1. Fraud, Abuse, and Chargeback Protection

Aura Bean reserves the right to investigate, refuse, suspend, or cancel any order or account where there is reasonable suspicion of:

  • fraudulent activity
  • abuse of refund or return policies
  • repeated or excessive refund requests
  • misuse of promotions, discounts, or pricing errors
  • chargeback abuse or payment disputes initiated in bad faith

Where a chargeback or payment dispute is initiated after an order has been processed or dispatched, Aura Bean reserves the right to:

  • suspend future orders or account access
  • refuse further service
  • recover any outstanding amounts, including associated administrative or recovery costs
  • provide evidence of fulfilment to the relevant financial institution

The Client acknowledges that initiating a chargeback without valid legal grounds may constitute a breach of these Terms and may result in recovery action.

Aura Bean further reserves the right to:

  • block transactions
    • cancel orders
    • blacklist accounts or associated details

where abuse or fraudulent behaviour is identified.

 

  1. Commercial Use and Resale Restriction

Products sold through the Aura Bean website are intended for personal consumption or approved business use only.

The Client may not:

  • resell products purchased through the website without prior written consent
    • distribute, repackage, relabel, or modify products for commercial resale
    • use Aura Bean branding, packaging, or intellectual property for resale purposes
    • represent themselves as an authorised distributor, reseller, or partner

Any unauthorised commercial use of products or branding may constitute:

  • trademark infringement
    • passing-off
    • unlawful competition

Aura Bean reserves the right to:

  • refuse supply to any Client suspected of unauthorised resale
    • cancel orders deemed to be for unauthorised commercial use
    • take legal action to protect its brand, products, and intellectual property

For wholesale, distribution, or partnership opportunities, Clients must engage Aura Bean through a formal agreement.

 

  1. Right to Refuse Service

Aura Bean reserves the unrestricted right, at its sole discretion, to:

  • refuse service
    • cancel orders
    • limit quantities
    • terminate customer accounts

without providing a reason or prior notice.

This right may be exercised where, in the opinion of Aura Bean:

  • a transaction is deemed high-risk
    • behaviour is abusive, unreasonable, or non-compliant
    • misuse of the website or services is suspected
    • operational, commercial, or reputational risk exists

Aura Bean shall not be liable for any losses, damages, or inconvenience resulting from the refusal of service.

 

  1. System Errors and Technical Malfunctions

Aura Bean shall not be liable for any errors arising from:

  • website system failures
    • technical malfunctions
    • stock synchronisation issues
    • pricing display errors
    • duplicate orders
    • payment gateway errors
    • third-party integrations

In the event of such errors, Aura Bean reserves the right to:

  • cancel affected orders
    • correct pricing or product information
    • refund any payments made

without further obligation.

The Client acknowledges that all systems are subject to technical limitations and agrees that such errors do not constitute a binding agreement.

 

  1. Bulk Purchase Restriction

Aura Bean reserves the right to limit or refuse bulk purchases at its sole discretion.

Bulk purchasing includes, but is not limited to:

  • unusually large quantities
    • repeated high-volume orders
    • orders indicating potential resale or redistribution

Where bulk purchasing is identified, Aura Bean may:

  • cancel the order
    • limit quantities per customer
    • require the Client to enter into a formal wholesale agreement

Aura Bean shall not be obligated to fulfil orders that fall outside normal retail purchasing behaviour.

 

  1. Promotions, Discounts, and Abuse

All promotions, discounts, and special offers are:

  • subject to availability
    • subject to change or withdrawal without notice
    • non-transferable and non-redeemable for cash

Aura Bean reserves the right to:

  • cancel orders where promotions are misused
    • refuse discounts applied incorrectly
    • limit promotional use per customer

Promotion abuse includes, but is not limited to:

  • repeated use of single-use codes
    • manipulation of pricing errors
    • exploitation of system loopholes
    • creating multiple accounts to gain advantage

Where abuse is detected, Aura Bean may:

  • cancel orders
    • suspend accounts
    • revoke promotional access
    • recover any financial losses incurred

 

  1. Territory and Market Protection (Applicable to Commercial and Wholesale Clients)

Where Aura Bean supplies products to commercial clients, resellers, distributors, or partners, the Supplier reserves the right to implement territory, channel, and market protection measures.

Aura Bean may, at its sole discretion:

  • allocate geographic territories
    • assign specific sales channels
    • restrict distribution within certain regions or markets
    • limit the number of approved resellers within a defined area

Unless expressly agreed in writing, no Client shall have exclusive rights to any territory.

Where territory or channel restrictions are imposed, the Client agrees not to:

  • sell products outside of their designated geographic area
    • distribute products to unauthorised third parties
    • engage in pricing practices that undermine other authorised resellers
    • market or advertise products in territories assigned to other partners

Aura Bean reserves the right to:

  • monitor market activity
    • enforce territorial restrictions
    • suspend or terminate supply agreements
    • withdraw pricing privileges or wholesale access

where violations occur.

The Client acknowledges that territory control is essential to:

  • maintaining brand integrity
    • protecting pricing structures
    • ensuring fair competition among partners

Any breach of this clause may result in immediate termination of commercial supply arrangements.

 

SECTION B

DISTRIBUTION, WHOLESALE & LICENSED RESELLER AGREEMENT

AURA BEAN ROASTERY (PTY) LTD

Republic of South Africa

  1. DEFINITIONS

In this Agreement:

"Company" means Aura Bean Roastery (Pty) Ltd

"Client" means any approved wholesale purchaser, reseller, or distributor

"Distributor" means a Client approved for higher-volume or regional activity

"Products" means roasted coffee, instant coffee, equipment, and related goods

"CPA" means Consumer Protection Act 68 of 2008 (South Africa)

"MAP" means Minimum Advertised Price policy as determined by Aura Bean

"IP" means all intellectual property including trademarks, branding, roast profiles, and proprietary processes.

 

  1. APPLICATION OF TERMS

2.1 These Terms apply to ALL wholesale clients and distributors without distinction unless a written addendum states otherwise.

2.2 Acceptance of an account, placement of an order, or engagement in trade constitutes full acceptance of these Terms.

2.3 No variation shall be binding unless agreed in writing by Aura Bean.

 

  1. NATURE OF RELATIONSHIP

3.1 The Client operates strictly as an independent purchaser and licensed reseller.

3.2 Nothing in this Agreement creates:

  • A partnership
  • A joint venture
  • A franchise
  • An employment relationship

3.3 The Client has no authority to bind Aura Bean legally or commercially.

 

  1. LICENSING & BRAND DESIGNATION

4.1 Aura Bean grants a limited, non-exclusive, non-transferable, revocable license to resell genuine Aura Bean products.

4.2 Any regional designation (e.g. “Aura Bean Ballito”) is:

  • A marketing designation only
  • Fully owned by Aura Bean
  • Revocable at any time

4.3 No goodwill, brand equity, or derivative rights are transferred to the Client.

 

  1. TERRITORY & DISTRIBUTION MODEL

5.1 No territory is exclusive unless expressly granted in writing.

5.2 Aura Bean reserves the right to:

  • Sell directly in any region
  • Appoint multiple distributors
  • Reassign or service accounts

5.3 Conditional Exclusivity (if granted):

Exclusivity is:

  • Performance-based
  • Revocable
  • Subject to compliance

5.4 Exclusivity Conditions include:

  • Minimum monthly volume
  • Brand compliance
  • Operational capability
  • Market development performance

5.5 Failure to meet conditions results in:

  • Immediate downgrade to non-exclusive status

 

  1. CUSTOMER OWNERSHIP

6.1 All customers remain customers of Aura Bean.

6.2 Clients:

  • Do not own customer relationships
  • Act only as resellers

6.3 Aura Bean reserves the right to:

  • Supply directly
  • Engage strategic accounts
  • Reassign accounts

 

  1. PRICING, MAP & COMMERCIAL CONTROL

7.1 All pricing is determined solely by Aura Bean.

7.2 Prices exclude VAT unless otherwise stated.

7.3 MAP Policy:

Clients may not:

  • Advertise below MAP
  • Discount beyond 5% without approval
  • Engage in price dumping

7.4 MAP applies across:

  • Websites
  • Social media
  • Email marketing
  • Printed materials
  • Online marketplaces

7.5 Violations may result in:

  • Immediate suspension
  • Loss of pricing privileges
  • Termination

 

  1. PAYMENT TERMS

8.1 Default payment model is prepaid.

8.2 Credit terms may be granted only in writing.

8.3 Ownership transfers only upon receipt of cleared funds.

8.4 Late payments may incur interest at the maximum rate permitted by South African law.

 

  1. DELIVERY, RISK & INSPECTION

9.1 Risk transfers upon:

  • Collection by courier OR
  • Delivery to Client premises

9.2 Clients must inspect goods within 48 hours.

9.3 Failure to report issues constitutes acceptance.

 

  1. MINIMUM ORDER QUANTITIES (MOQ)

10.1 Aura Bean may impose and revise MOQs.

10.2 Failure to meet purchasing expectations may result in:

  • Pricing changes
  • Account downgrade
  • Termination

 

  1. PERISHABLE GOODS POLICY

11.1 Coffee is a perishable product.

11.2 Returns are accepted only if:

  • Incorrect product supplied
  • Product defective under CPA

11.3 No returns for:

  • Slow sales
  • Overstock
  • Preference

 

  1. FRESHNESS & PRODUCT INTEGRITY

12.1 Coffee is supplied roast-to-order.

12.2 Clients must:

  • Implement FIFO
  • Maintain proper storage

12.3 Clients may NOT:

  • Alter roast dates
  • Sell stale coffee as fresh

12.4 Selling stale coffee without disclosure constitutes misrepresentation.

 

  1. BRAND & INTELLECTUAL PROPERTY PROTECTION

13.1 All IP remains exclusively owned by Aura Bean.

13.2 Clients may NOT:

  • Repackage products
  • Relabel products
  • Remove branding
  • Use alternative branding

13.3 Any violation constitutes trademark infringement.

13.4 Reverse engineering of:

  • Blends
  • Roast profiles
  • Product structures

is strictly prohibited.

 

13A. MERCHANDISE, BRAND EXTENSIONS & ROYALTIES

13A.1 Definition of Merchandise

"Merchandise" includes any goods bearing Aura Bean branding, including but not limited to:

  • Apparel (t-shirts, caps, hoodies)
  • Drinkware (cups, mugs, flasks)
  • Accessories (bags, tools, lifestyle items)
  • Printed materials and branded collateral

13A.2 Approval Requirement

The Client may not produce, source, or sell any Merchandise unless:

  • Prior written approval is obtained from Aura Bean
  • Designs, materials, and suppliers are approved
  • Final production samples are signed off by Aura Bean

13A.3 Production Control

Aura Bean reserves the right to:

  • Supply Merchandise directly
  • Nominate approved manufacturers
  • Approve or reject any product line

13A.4 Royalty / Revenue Share

Where Merchandise is produced or sold by the Client under Aura Bean branding:

The Client shall pay Aura Bean:

  • A royalty of [40%] of gross sales revenue OR
  • A wholesale purchase margin determined by Aura Bean

Minimum recommended structure (for legal discussion):

  • 15%–40% royalty on gross retail sales OR
  • Mandatory wholesale purchase from Aura Bean only

13A.5 Reporting & Audit

The Client must:

  • Provide monthly sales reports for all Merchandise
  • Maintain accurate records for 3 years

Aura Bean reserves the right to audit such records on reasonable notice.

13A.6 Brand Protection

Merchandise must:

  • Meet Aura Bean brand standards
  • Not dilute or misrepresent the brand

Aura Bean may require immediate withdrawal of any item deemed non-compliant.

13A.7 Termination of Merchandise Rights

Upon termination:

  • All Merchandise sales must cease immediately
  • Remaining stock may only be sold with written approval or must be destroyed

 

13B. RETAIL STORE, CAFÉ & BRAND EXPERIENCE LICENSING

13B.1 Scope

If the Client wishes to:

  • Open a retail store
  • Operate a café
  • Create a branded Aura Bean experience location

A separate written approval and/or addendum is required.

13B.2 No Automatic Rights

This Agreement does NOT grant:

  • Franchise rights
  • Store rights
  • Café rights

13B.3 Approval Conditions

Any retail or café concept must be approved based on:

  • Location
  • Design and fit-out
  • Equipment standards
  • Brand presentation
  • Operational capability

13B.4 Mandatory Controls

Approved locations must:

  • Use Aura Bean coffee exclusively (unless otherwise approved)
  • Purchase equipment through Aura Bean
  • Follow training and calibration standards
  • Maintain quality and service benchmarks

13B.5 Revenue Participation

Aura Bean may require one or more of the following:

  • Store license fee
  • Ongoing royalty on revenue [5 - 20%]
  • Mandatory product purchasing minimums
  • Equipment procurement margins

13B.6 Branding & Experience Control

Aura Bean retains full control over:

  • Store branding
  • Menu presentation
  • Customer experience standards

Aura Bean may require changes at any time to protect brand integrity.

13B.7 Audit & Compliance

Aura Bean may:

  • Inspect premises
  • Audit operations
  • Require corrective actions

Failure to comply may result in:

  • Suspension of supply
  • Revocation of license

 

  1. DIGITAL, DOMAIN & ONLINE CONTROL

14.1 All digital presence relating to the Aura Bean brand remains under the control of Aura Bean.

14.2 Clients may not:

  • register domains using Aura Bean branding
  • create websites or social media pages implying ownership of the brand
  • operate paid advertising using Aura Bean trademarks without approval

14.3 Any approved digital activity remains revocable.

 

  1. EQUIPMENT, MACHINERY & TECHNICAL CONTROL

15.1 Clients may be required to:

  • purchase equipment through Aura Bean
  • use approved machinery and tools

15.2 This ensures:

  • consistency
  • serviceability
  • quality control

15.3 Aura Bean may restrict supply where equipment standards are not met.

 

  1. QUALITY CONTROL & AUDIT RIGHTS

16.1 Aura Bean reserves the right to:

  • inspect Client operations
  • audit compliance
  • request corrective actions

16.2 Non-compliance may result in:

  • suspension
  • termination

 

  1. PERFORMANCE TIERS

17.1 Clients may be assigned performance tiers.

17.2 Benefits may include:

  • pricing advantages
  • priority supply
  • marketing support

17.3 Failure to maintain performance may result in:

  • downgrade
  • loss of benefits

 

  1. STRATEGIC ACCOUNT CONTROL

18.1 Aura Bean retains the right to:

  • manage national or key accounts
  • supply directly to large clients

18.2 Clients shall not claim exclusivity over such accounts.

 

  1. PRIVATE LABEL RESTRICTIONS

19.1 Clients may not:

  • request replication of Aura Bean products under another brand
  • use Aura Bean intellectual property for private label purposes

 

  1. LIMITATION OF LIABILITY

20.1 To the fullest extent permitted by law:

Aura Bean shall not be liable for:

  • indirect loss
  • loss of profits
  • business interruption

20.2 Liability is limited to the value of goods supplied.

 

  1. FORCE MAJEURE

21.1 Aura Bean shall not be liable for failure to perform due to events beyond its control, including:

  • supply chain disruption
  • power outages
  • equipment failure

 

  1. TERMINATION

22.1 Aura Bean may terminate immediately where:

  • payment terms are breached
  • brand misuse occurs
  • unauthorised resale is detected
  • compliance failures occur

 

  1. DISPUTE RESOLUTION

23.1 This Agreement is governed by South African law.

23.2 Disputes fall under South African jurisdiction.

 

 

  1. GENERAL

24.1 This Agreement constitutes the entire agreement.

24.2 No variation is valid unless in writing.

24.3 If any clause is unenforceable, the remainder remains valid.

 

 

  1. PERSONAL SURETY AND LIABILITY

Where the Client is a juristic entity, the signatory binds themselves as:

  • surety
    • co-principal debtor

and accepts full personal liability for all obligations under this Agreement.

This liability is joint and several and survives termination.

  1. DEBT RECOVERY AND LEGAL COSTS

In the event of non-payment:

  • Aura Bean may appoint attorneys or collection agents
    • all legal costs shall be recoverable on an attorney-and-client scale
    • interest may accrue at the maximum legal rate

 

  1. NON-COMPETE AND RESTRAINT OF TRADE

The Client agrees that during the term of this Agreement and for a period of 12–24 months after termination, they shall not:

  • supply competing coffee brands
    • operate or engage with competing roasteries
    • solicit Aura Bean customers

within their area of operation.

 

 

  1. NON-CIRCUMVENTION

The Client shall not:

  • bypass Aura Bean to source equivalent products
    • engage suppliers or producers introduced by Aura Bean
    • replicate supply relationships

 

  1. INSURANCE REQUIREMENT

The Client must maintain:

  • public liability insurance
    • product liability insurance (where applicable)

and provide proof upon request.

 

  1. DATA PROTECTION AND CUSTOMER DATA

All customer data collected under the Aura Bean brand:

  • remains the property of Aura Bean
    • must comply with POPIA
    • may not be used outside agreed scope

 

  1. TERM AND RENEWAL

This Agreement shall:

  • remain valid for an initial term of 12 months
    • automatically renew unless terminated

 

  1. PERFORMANCE ENFORCEMENT

Failure to meet performance requirements may result in:

  • downgrade of status
    • loss of pricing privileges
    • removal of territory rights
    • termination

 

  1. POST-TERMINATION OBLIGATIONS

Upon termination:

  • all branding must be removed
    • all marketing must cease
    • no continued representation is permitted

 

  1. NON-DISPARAGEMENT

The Client agrees not to:

  • make negative statements about Aura Bean
    • damage brand reputation

during or after the agreement.

 

SECTION C

CROSS-APPLICATION & LEGAL HIERARCHY

  1. APPLICATION OF TERMS

Aura Bean operates across:

  • direct-to-consumer (retail)
    • business-to-business (distribution)

Section A applies to retail customers.
Section B applies to commercial clients.

 

 

  1. HIERARCHY OF AGREEMENTS

Order of precedence:

  1. Signed agreements
  2. Distribution Terms
  3. Retail Terms

 

  1. NO CONSUMER RECLASSIFICATION

Clients purchasing for:

  • resale
    • business use

shall not be treated as consumers under CPA protections where exclusions apply.

Aura Bean reserves the right to enforce commercial classification.