1Introduction & Scope
This policy explains how HmperCo sources, packages, delivers and supports Food Items, and your responsibilities once they are delivered to you.
2Legal Framework
- Foodstuffs, Cosmetics and Disinfectants Act 54 of 1972 — the principal statute governing food safety, labelling, and prohibition on the sale of unsafe or misbranded foodstuffs in South Africa.
- Regulations Governing the Labelling and Advertising of Foodstuffs (R146) — governs the labelling information (ingredients, allergens, storage instructions, best-before/expiry dates) displayed on packaged Food Items.
- Meat Safety Act 40 of 2000 — governs the safety of meat and meat products, including abattoir and handling standards for suppliers HmperCo sources from.
- Agricultural Product Standards Act 119 of 1990 — governs quality standards and grading for fresh produce and certain agricultural products.
- National Health Act 61 of 2003 — informs general public-health handling standards relevant to food storage and transport.
- Consumer Protection Act 68 of 2008 ("CPA") — sections 55–56 (safe, good-quality goods) and section 61 (liability for harm caused by unsafe or defective goods) apply fully to Food Items.
3Natural Variation in Weight & Appearance
3.1 Meat, poultry and fresh produce are natural products and may vary in exact weight, size, shape, colour, and cut from the images displayed, within a reasonable tolerance. Where a Product is priced per kilogram, the price charged reflects the actual packed weight.
3.2 Cutting and trimming of meat products follows standard butchery practice and may result in minor variation between individual units within an Order.
4Storage, Shelf Life & Temperature
Each Food Item is labelled, where required by R146, with storage instructions and a best-before or expiry date. You must store Food Items according to the label instructions (refrigerated, frozen, or ambient as indicated) promptly on receipt.
5Allergen Information & Cross-Contamination
Allergen information is displayed on the Product listing and packaging where required by R146. Food Items may be processed in facilities that also handle common allergens (such as nuts, gluten, or dairy); if you have a severe allergy, please check labelling carefully or contact info@hmperco.co.za before ordering.
6Cold Chain & Delivery
Chilled and frozen Food Items are packed in insulated and/or temperature-controlled packaging designed to maintain safe temperature during normal transit times. Full delivery handling detail is in the Delivery & Logistics Policy.
7Check Before You Accept Delivery
7.1 Before signing for, confirming OTP receipt of, or accepting a food delivery, check:
- Packaging integrity — outer packaging and any cooler bags/ice packs are intact, not torn, wet-through, or already opened;
- Temperature — chilled items feel cold, frozen items feel solid; nothing feels room-temperature or soft that shouldn't be;
- Seals — vacuum-sealed or sealed packaging shows no punctures, leaks, or loss of vacuum;
- Correctness — the items, cuts, quantities, and weights match your Order;
- Appearance — no discolouration, off-odour, sliminess, mould, or crushing damage visible through the packaging;
- Dates — the best-before, sell-by, or use-by date has not already passed.
7.2 If something is wrong, refuse the item on the spot. Tell the Driver Partner you are declining that item (or the full delivery) and note the reason in the app or to thankyou@hmperco.co.za immediately. A refused item is replaced or refunded at no cost to you, and avoids any dispute about when a problem arose.
7.3 If everything checks out, you may safely accept delivery. Accepting delivery does not waive your rights under clause 9 — if a problem only becomes apparent after acceptance (for example, on opening sealed packaging), you are still covered provided you report it within 24 hours.
8Reporting Spoiled or Unsafe Products
8.1 If a Food Item arrives spoiled, at an unsafe temperature, damaged, or otherwise unsafe, report it to thankyou@hmperco.co.za within 24 hours of delivery, with photographs and your order number, so HmperCo can investigate promptly while evidence is fresh.
8.2 Do not consume a Food Item you believe to be unsafe. If you or anyone believes they have become unwell after consuming a HmperCo Food Item, seek medical attention and contact HmperCo immediately so the matter can be investigated urgently.
9Returns & Refunds for Food Items — Not Returnable Once Accepted
9.1 Consistent with the Returns Policy, changed-mind returns are not accepted for any Food Item once you have accepted delivery, for food-safety reasons — this applies even if the item is unopened. This is not discretionary; it reflects HmperCo's obligations under the Foodstuffs, Cosmetics and Disinfectants Act not to resell or redistribute food once it has left controlled cold-chain custody.
9.2 This restriction does not affect your statutory rights. Where a Food Item is confirmed defective, spoiled on arrival, unsafe, or materially different from its description, you are entitled to a replacement or full refund at no cost to you, in line with your rights under the CPA — provided you report it within the 24-hour window in clause 8.1.
9.3 The distinction is simple: "I don't want this anymore" is not a valid reason once accepted; "this is spoiled/unsafe/wrong" always remains a valid reason, at any point within 24 hours of delivery.
10Your Responsibility After Delivery
Once a Food Item has been successfully delivered and any applicable cold-chain packaging was intact, you are responsible for prompt refrigeration/freezing and for consuming or using the item within its labelled shelf life; HmperCo is not responsible for spoilage arising after successful delivery due to delayed storage on your part.
11Disposal & Health Disclaimer
Where HmperCo requests the return of a spoiled or unsafe Food Item as part of an investigation, please retain it refrigerated/frozen where safe to do so, or provide clear photographic evidence where retention is not safe or practical; HmperCo will advise on safe disposal. This policy does not constitute medical advice — always seek appropriate medical attention for any suspected food-safety illness.
12Contact Details
| Matter | Contact |
|---|---|
| Urgent food-safety reports | thankyou@hmperco.co.za |
| General queries | info@hmperco.co.za |
| Registered address | 203 LaGuardia Building, Centurion, Gauteng, 0157 |
| Company registration no. / VAT no. | 2019/474625/07 / 4660313554 |