1. Website Usage
1.1 These Terms and Conditions govern your (“the Customer”) use of the e-commerce website of Future Indefinite Investments 180 (Pty) Ltd trading as Kaylee’s Market (“Kaylee’s Market”), located at the domain name www.kaylees.co.za (“the Website”).
1.2 This Website may only be used for your own personal, non-commercial, shopping and information purposes that will allow you to browse the content displayed on the Website and to make legitimate purchases of Products that appear thereon. This Website may not be used for any other purpose other than as aforementioned and the content that appears thereon, may not be copied, reproduced, republished or redistributed without Kaylee’s Market’s prior written consent. We reserve the right to suspend any Customer’s use to this Website should it be found, in our sole discretion, that the Customer was not using it in compliance with these Terms and Conditions or if we believe that the Customer has provided falsified, inaccurate or incomplete personal information.
1.3 By accessing and using the Website and placing any orders online via this Website, the Customer agrees to be bound by and subject himself, herself or itself to the Terms and Conditions set out in herein in its entirety. Should the Customer disagree with the terms herein, it must not use the Website.
1.4 The Customer acknowledges and agrees that the Website provides and online platform for Kaylee’s Market to sell its Products. Upon conclusion of a transaction on the Website, a contract of sale and purchase of goods will come into force between the Customer and Kaylee’s Market whereby the price of the Product sold will be as listed on the Website, including taxes.
1.5 Customers use this Website entirely at their own risk.
1.6 By using this Website, the Customer acknowledges that he/she/it has read and understood these Terms and Conditions and agrees to be bound by it.
1.7 By using the Website, the Customer agrees it will not in any manner, intentional or otherwise, take any action which may cause damage or harm to the performance, availability, security or integrity of the Website, or conduct any activity which may be illegal or unethical.
1.8 Kaylee’s Market makes no representation or warranty of any nature, whether express or implied in relation to the usage of this Website nor does it warrant that this Website or its content will be fit for any particular purpose, accurate, complete, secure, uninterrupted or error free nor that it may be found to be free from viruses or other harmful components.
1.9 Kaylee’s Market, nor any holding company, affiliate or subsidiary will accept any liability, to the extent permitted by law, for any direct, indirect, incidental, special or consequential losses or damages of whatsoever nature or howsoever caused and arising from the access or use of this Website. The Customer agrees to indemnify Kaylee’s Market against any losses or damages suffered or any liability incurred by reason of any act or omission on the Customer’s party or that of any third party acting on the Customer’s behalf in relation to the access or use or this Website.
1.10 Customers are welcome to contact us should they have any questions regarding Kaylee’s Market’s Website.
2.1. These Terms and Conditions shall be binding on the Customer and no change thereto, unless agreed to in writing by Kaylee’s Market shall be of valid and/or enforceable.
2.2. Kaylee’s Market, in its sole discretion, reserves the rights to change, modify, add or remove portions or the whole of these Terms and Conditions from time to time without notice to its Customer(s). Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the Customer’s obligation to periodically check these Terms and Conditions on the Website for any changes or updates. The Customer’s continued use of this Website following the posting of changes or updates will be considered notice of the Customer’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
3. Customer Warranties
3.1. Customer warrants that it is at least 18 years of age. If the Customer is under the age of 18 (eighteen) years, it may not use this Website. Kaylee’s Market shall not be held liable for any transaction concluded with a minor, alternatively any content which a Customer under the age of 18 (eighteen) years may be exposed to whilst using this Website.
3.2. The Customer warrants that all information provided upon its use of the Website is accurate and complete and Kaylee’s Market shall not be liable for any inaccurate or incomplete information submitted during the transaction process.
4. Electronic Communication
4.1. By using this Website or communicating with Kaylee’s Market by electronic means, the Customer consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies all legal requirement, including but not limited to the requirement that such communications should be in writing.
5. Placement of orders and Availability of Product
5.1. Customers may place orders and pay for Product(s) via this Website by means of the required payment option, and it shall be in Kaylee’s Market’s sole discretion whether or not to accept such order.
5.2. Kaylee’s Market will indicate whether an order was accepted by electronic communication followed by delivery thereof to the Customer, alternatively by allowing the Customer to collect the Product in-store.
5.3. Upon conclusion of a transaction on the Website, a contract of sale and purchase of goods will come into force between the Customer and Kaylee’s Market whereby the price of the Product sold will be as listed on the Website, including taxes.
5.4. Products placed in the cart are not reserved and will only be bought once the checkout process has been completed, with successful payment having been made.
5.5. Kaylee’s Market reserves the right to discontinue or change the specifications of its Products from time to time without notice and without attracting or incurring any liability whatsoever.
5.6. All Products displayed on this Website are subject to availability. The Customer will be informed of any Product that has become unavailable for any reason whatsoever, where after the order will be cancelled by Kaylee’s Market. Under these circumstances, the Customer will become entitled to agree with Kaylee’s Market to either:
5.6.1. Replace the Product with an alternative Product; or
5.6.2. Receive a refund in relation to the amount already paid by the Customer for such Product; or
5.7. No order will be accepted by Kaylee’s Market if it identifies any error in the description of any of its Products displayed on this Website.
5.8. Kaylee’s Market will take all reasonable efforts to accurately display the Products, its features and description, however the Customer is advised that:
5.8.1. The actual Product delivered may be subject to variations in appearance, packaging, mass or size as may be the case. It will remain the Customer’s responsibility to ensure that the Product ordered by him/her/it, is correct; and
5.8.2. The actual colours of the Products displayed on Kaylee’s Market may differ from the colours which appear on the Customer’s device used to access this Website.
5.9. Special promotions may be subject to certain conditions, including stock availability and limited-offer provisions associated therewith.
6.1. All prices shown on this Website, are quoted in South African Rands and subject to the applicable taxes levied thereon from time to time.
6.2. Delivery/Courier charges/surcharges will only be added to the purchase price of the Product if the Customer specifically states this during the online transaction and checkout process, if not, it shall be deemed to be agreed that the Customer will collect his/her/its order in-store from Kaylee’s Market, situated at 147 North Reef Road, Bedfordview, Gauteng, during normal operating hours, once the Customer has been notified that the order is ready for collection.
6.3. Delivery/Courier charges/surcharges will be charged for each and every order placed on this Website.
6.4. Kaylee’s Market will take all reasonable efforts to accurately display the description, availability, purchase price and delivery charges of the Product on this Website, however, Kaylee’s Market will not be held liable for any loss, damage, claim or expense incurred by the Customer in relation to any error of whatever nature.
7.1. When a Customer places an order, funds equal to the total value of the specific order placed, will be reserved and debited against the card which the Customer has selected to pay with during the checkout process.
7.2. By submitting your order, personal, billing and contact information will be shared by the Customer, which the Customer accepts.
7.3. The Customer warrants that he/she/it is authorised to make payment with the card so presented and that there are sufficient funds available on the card to effect payment of the order.
7.4. Customers are welcome to refer to the Security Policy on this Website for further information relating to payments.
8. Delivery and Collection of Products
8.1. Customers can decide whether they wish to have their order that was placed online, delivered to their address situated within South Africa by way of Courier, alternatively Customers may collect their orders from Kaylee’s Market, situated at 147 North Reef Road, Bedfordview, Gauteng, during normal operating hours, once they have been notified that the order is ready for collection.
8.2. Orders may only be collected by Customers from Kaylee’s Market upon presentation of a valid proof of identity and the collection notice. If someone collects the order on the Customer’s behalf, the same documentation will be required to confirm authenticity of the collection.
8.3. Currently, all orders placed online can only be delivered within South Africa.
8.4. Please take note that Kaylee’s Market currently outsources all delivery and collection arrangements to third party service providers. Accordingly, we cannot, to the extent permitted by law, be held liable for any losses or damages caused to your order and caused by them.
8.5. Kaylee’s Market will supply all Products to the third party appointed Courier in good order and condition. Kaylee’s Market will not be held liable for the condition of Products arriving at the Customer’s chosen delivery address.
8.6. Orders may only be collected by Customers from Kaylee’s Market upon presentation of a valid proof of identity and the collection notice. If someone collects the order on the Customer’s behalf, the same documentation will be required to confirm authenticity of the collection.
8.7. The estimated/expected delivery lead times are as follows:
8.7.1. Local Delivery Areas: 1 – 2 working days;
8.7.2. Outlaying Delivery Areas: 2 – 5 working days;
8.9 Certain Products will take longer to be delivered to the Customer. In such circumstances, the delivery times are extended and the estimated delivery time will be communicated to the Customer.
8.10 Upon delivery of the order, the Customer is required to sign receipt thereof. The Customer must retain the delivery receipt for future potential query purposes.
8.11 Products are delivered with standard packaging. If you require additional packaging, the cost for such additional packaging shall be for the Customer’s account.
9. Risk and Ownership
9.1. Risk in the Products shall pass to the Customer (or its authorised representative) on acceptance thereof once delivered or collected from Kaylee’s Market’s business premises situated at 147 North Reef Road, Bedfordview, Gauteng.
9.2. Kaylee’s Market will however retain ownership in the Product until payment in respect thereof has been received in full.
10. Returns and Refunds
10.1. Most Products supplied by Kaylee’s Market are subject to a manufacturer’s warranty. Should a fault arise with any Product, the Product must be returned to Kaylee’s Market. In the unlikely event of an Out of Box Failure, the Product must be returned and will be swapped out (subject to stock availability). Should the faulty Product be replaced by the manufacturer or supplier, the Customer shall then be provided with the replacement Product, alternatively, all warranty repair work shall be carried out by the respective manufacturers, suppliers and/or their authorised repair centres. Most Products are guaranteed against faulty materials and workmanship. Products are not guaranteed against faults resulting from normal wear and tear.
10.2. Incorrect Product Delivered or Damaged Product:
10.2.1. If the incorrect Product is accidentally delivered to the Customer, the Customer must notify Kaylee’s Market thereof within 24 (twenty four) hours thereof and should provide it with photographic evidence, if possible.
10.2.2. Thereafter, the Customer can either return the Product to Kaylee’s Market, or Kaylee’s Market will arrange for the collection of the Product from the Customer’s given address and the return thereof to its business premises with the assistance of the third party Courier.
10.2.3. The Product must be returned in its original packaging within which it was received by the Customer together with all the applicable documentation, certificates, manuals, and accessories that came with the Product or packaging material.
10.2.4. Kaylee’s Market shall only accept returns within 7 (seven) calendar days from receipt of delivery (if delivered by Courier) or 7 (seven) calendar days from collection thereof.
10.2.5 Kaylee’s Market will at the Customer’s election, either:
10.2.5.1 Deliver the correct Product to the Customer as soon as possible (subject to stock availability); or
10.2.5.2 Process a refund to the Customer within 30 (thirty) days from receipt of the incorrect Product using the same method of payment the Customer originally used for the purchase.
10.3. Product arrived damaged:
10.3.1. If a Product is damaged upon receipt thereof or missing any partys or accessories, or be inoperative, Kaylee’s Market will do its best to resolve this issue as swiftly as possible. The Customer must notify Kaylee’s Market thereof within 48 (forty eight) hours from receipt of the Product of the damages Product.
10.3.2. To enable Kaylee’s Market to assess where in the delivery process the damage may have occurred, the Customer should provide Kaylee’s Market with photographic evidence of the following:
10.3.2.1. Outer box (including whether it has a fragile sticker or not);
10.3.2.2. Inside of the box, including the inner packaging;
10.3.2.3. The damaged Product.
10.3.3 Thereafter, the Customer can either return the Product to Kaylee’s Market, or Kaylee’s Market will arrange for the collection of the Product from the Customer’s given address and the return thereof to its business premises with the assistance of the third party Courier.
10.3.4 The Product must be returned in its original packaging within which it was received by the Customer together with all the applicable documentation, certificates, manuals, and accessories that came with the Product or packaging material.
10.3.5 Kaylee’s Market will once it has inspected the Product and the photographs and validated the return, and at the Customer’s election, either:
10.3.5.1 Replace the product (subject to stock availability); or
10.3.5.2 Process a refund to the Customer within 30 (thirty) days from receipt of the damaged Product using the same method of payment the Customer originally used for the purchase.
10.3.6 We do not regard the following as defects:
10.3.6.1 Faults resulting from normal wear and tear;
10.3.6.2 Damage arising from negligence, user abuse or incorrect usage of the Product;
10.3.6.3 Damage arising from electrical surges;
10.3.6.4 Damages arising from a failure to adequately care for the Product;
10.3.6.5 Damages arising from unauthorised alterations to the Product;
10.3.6.6 Where the specifications of a Product, although accurately described on this Website and generally fit for its intended purpose, do not suit a Customer.
10.4. Returns for convenience:
10.4.1. Only Product that is still in its original packaging, in a sealable and sellable condition, free from noticeable damages and returned in the same condition as when packaged and dispatched to the Customer, may be returned to Kaylee’s Market subject thereto that:
10.4.1.1. The Customer must notify Kaylee’s Market thereof within 48 (forty eight) hours from collection and/or delivery thereof; and
10.4.1.2. The Customer will be charged a 25% (twenty five percent) handling and administration fee to the value of the original purchase price including Value-Added Taxation as well as the transport costs for the return if the Product was collected from the Customer.
10.4.2. If the Products’ packaging do not comply with the conditions contained in this sub-clause, it may not be returned to Kaylee’s Market.
10.4.3. Kaylee’s Market will process a refund to the Customer within 30 (thirty) days from receipt of the Product using the same method of payment the Customer originally used for the purchase.
10.5. Invalidation of warranties and right to return unsuitable Product:
10.5.1. Warranties on any of our Product will be invalid if any Customer who is not suitably qualified has opened, tampered with, or altered the Product contrary to the instructions or removed the warranty label. This also applies to the Product found to be unsuitable. It is considered fraud to damage Product deliberately to claim a refund.
10.6. The following items are not capable of being returned:
10.6.1. Perishable goods (which includes everything under our food and drink category and which we are unable to refund or exchange). If any perishable goods have arrived damaged or expired, we will replace or refund the Product when we are at fault.
10.6.2. Goods sold that are damaged, defective, used or repaired and disclosed to the Customer prior to the Customer’s purchase thereof;
10.6.3. Health products;
10.6.4. Beauty products;
10.6.5. Personal care products;
10.6.6. Product of a nature that prevents them from being returned.
10.7. All non-product related fees (shipping, transactional and insurance) are not refundable.
10.8. In terms of special offers, should Kaylee’s Market supply the wrong Product or if the Product is in any way faulty or damaged, Kaylee’s Market will exchange it for the correct one. However, if the Product is no longer being offered at the special rate, it will not be replaced, and Kaylee’s Market will refund the Customer’s purchase price including delivery costs.
10.9. The Customer is to use the Product strictly in accordance with the manufacturer’s instructions as set out on the Product. It is the Customer’s responsibility to ensure that it uses the Product strictly in accordance with those instructions.
10.10. No Product will be replaced nor will a refund be processed if Kaylee’s Market establishes the following with regards to the Product:
10.10.1. It has been misused or subjected to neglect, damage, or abnormal conditions;
10.10.2. It is damaged due to an incorrect attempt to repair the Product.
10.10.3. It has been used contrary to the manufactures instructions; and/or
10.10.4. Subsequent to delivery, it has deteriorated due to normal wear and tear.
11. Data Privacy
11.3. This Website may collect certain information about the Customer’s visits, such as the name of the internet service provider and the Internet Protocol (IP) address through which the Customer accesses the Internet, the date and time the Customer accesses the site, the pages that the Customer accesses while at the Website and the Internet address of the Website from which the Customer linked directly to this Website. This information is used exclusively to help improve the Website, analyse trends, and administer the Website.
11.5. The Customer may visit this Website without providing any personal information. The Website servers will in such instances collect the IP address of the Customer’s device, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. Kaylee’s Market uses this information to determine use of the Website, and to improve the content thereon. Kaylee’s Market assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.
11.6. The personal information required for executing the orders placed through the e-commerce facility, namely the Customer’s personal information and credit card details, billing information, delivery address and telephone numbers will be kept in the strictest confidence by Kaylee’s Market and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the Product. Credit card details are not stored by Kaylee’s Market under any circumstances.
11.7. The Website may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the site, and understanding how visitors use the site. Cookies can also help customize the site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if the Customer previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties marketing services from time to time. By using the Website, the Customer agrees to Kaylee’s Market placing these sorts of cookies on its device and accessing them when the Customer visits the Website in the future.
12. Third Party Links
12.1. In an attempt to provide increased value to the Customer, Kaylee’s Market may provide links to other websites or resources. The Customer acknowledges and agree that Kaylee’s Market is not responsible for the availability of such external sites or resources, does not endorse, and is not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, Products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
13.1. Customers are welcome to refer to the Security Policy on this Website for further information relating to payments.
14. Intellectual Property
14.1. All rights, title, interest and ownership (including all rights under all copyright, patent, and other intellectual property laws) in, to or associated with any intellectual property rights, including copyright, in all materials, including but not limited to trademarks, logos, marks, trade names, marketing material, videos, audio, photographs, images, text and other graphics which form part of this Website are owned by Kaylee’s Market, alternatively Kaylee’s Market is the lawful licensee thereof.
14.2. All data and information communicated to or from this Website and/or any Website information as well as the database, is and remains the sole property of Kaylee’s Market.
14.3. Any unauthorised use, reproduction, reverse-engineering, modification and/or distribution of Kaylee’s Market’s intellectual property is strictly prohibited and constitutes an unlawful infringement of its intellectual property rights.
14.4. Any other trademark or trade name that may appear on our marketing material is and remains the property of its respective owner.
15. Content uploaded by Website Users or Customers on Social Media Platforms
15.1. It is expressly provided herein that any comment uploaded by any User of this Website or any authorised experts are their opinion alone and do not necessarily represent our views, opinions, beliefs or values.
15.2. Should a Website User and/or Customer provide us with feedback or comments in relation to this Website or Products, the Website User and/or Customer agrees that we may use them for commercial purposes (including using it to endorse our products, stores or brands) without any compensation to the Website User and/or Customer.
15.3. The Website User and/or Customer agrees not to post comments which violates the right(s) of Kaylee’s Market, or any other third party including copyright, trademark, privacy or any other personal or proprietary right. The Website User and/or Customer agrees not to disclose, submit or offer any comments that are or contain any defamatory, unlawful, obscene or abusive material.
15.4. Kaylee’s Market disclaims any liability towards any third party regarding Website Users’ and/or Customers’ comments.
16. Limitation of Liability
16.1. Kaylee’s Market makes no representation or warranty of any nature, whether express or implied in relation to the usage of this Website nor does it warrant that this Website or its content will be fit for any particular purpose, accurate, complete, secure, uninterrupted or error free nor that it may be found to be free from viruses or other harmful components.
16.2. Kaylee’s Market, nor any holding company, affiliate or subsidiary will accept any liability, to the extent permitted by law, for any direct, indirect, incidental, special or consequential losses or damages of whatsoever nature or howsoever caused and arising from the access or use of this Website. The Customer agrees to indemnify Kaylee’s Market against any losses or damages suffered or any liability incurred by reason of any act or omission on the Customer’s party or that of any third party acting on the Customer’s behalf in relation to the access or use or this Website.
16.3. Due thereto that the majority of the Product displayed on the Website aren’t manufactured by Kaylee’s Market, and whilst we have taken every reasonable measure to ensure that the Products promoted on this Website are of the highest quality and safety, the recommendations on this Website are not the advice of any nutritionist or medical practitioner. In light of the aforementioned, Kaylee’s Market will not accept any liability of whatsoever nature in respect of any adverse reaction that any of the Products may cause.
16.4. Notwithstanding anything else contained in these Terms and Conditions, Kaylee’s Market’s total liability to the Customer in contract, delict (including negligence or breach of statutory duty) or otherwise arising in connection with these Terms and Conditions, shall be limited to the total amount paid by the Customer in respect of the relevant order.
16.5. Kaylee’s Market will not be liable for any losses or damages of any nature in respect of losses or damages caused due to any interruption or dysfunction of the Website, any loss or corruption of any data, database or software, nor shall Kaylee’s Market be liable for any loss or damages caused by any third party websites which the Customer may have accessed due to any hyperlink displayed on our Website and accessed by the Customer.
16.6. It is the Customer’s sole responsibility to satisfy itself prior to accepting these Terms and Conditions that the service available from and through this Website will meet its individual requirements and be compatible with its hardware and/or software. Kaylee’s Market shall not be responsible for any incompatibility issues whatsoever experienced by the Customer.
17. Force Majeure
17.1. Kaylee’s Market shall not be liable to the Customer for any delay or failure in performance of any part of these Terms and Conditions to the extent such delay or failure is attributable to an event of Force Majeure. An event of Force Majeure shall mean any cause beyond either party’s reasonable control affecting the performance of its obligations, including, but not limited to, fire, flood, explosion, accident, war, acts of terrorism, strike, embargo, governmental impositions or requirements, epidemic, pandemic, civil or military authority, acts of God, changes to laws or regulations, inability and or shortage to secure materials or services, industrial disputes and acts or omissions of other providers of utility or telecommunications services (including internet service), including acts and omissions resulting in the unavailability of the services its provide.
17.2. In such an event as envisaged in this clause, and where such event lasts for a period of at least 30 (thirty) business days.
18. Applicable Laws
18.1. This agreement and everything ancillary thereto will be construed with and governed by the laws of the Republic of South Africa.
18.2. The parties hereto consent to the jurisdiction of the relevant Magistrate or High Court in which Kaylee’s Market’s physical address falls.
19.1. In the event that the Customer breaches these Terms and Conditions, or if there is a reasonable suspicion that the Customer has breached these Terms and Conditions, Kaylee’s Market will be entitled to take one or more of the following actions:
19.1.1. temporarily suspend access to this Website;
19.1.2. block devices using the Customer’s IP address from the Website;
19.1.3. suspend or delete the Customer’s account on the Website;
19.1.4. Take legal action in respect of either the breach of contract alternatively; and/or
19.1.5. Claim damages.
20. General Provisions
20.1. Kaylee’s Market shall be entitled to cede any of its rights and/or delegate any of its obligations under these Terms and Conditions to any one or more persons. The Customer shall not be entitled to cede any of its rights and/or delegate any of its obligations under this agreement to any one or more persons, without the prior written consent of Kaylee’s Market.
20.2. These Terms and Conditions constitute the sole record of the agreement between the parties in regard to the subject matter hereof.
20.3. Neither party shall be bound by any express or implied term, undertaking, representation, warranty, promise or the like not recorded herein.
20.4. No alteration, variation or cancellation by agreement of, addition or amendment to, or deletion from these Terms and Conditions or this clause, shall be of any force or effect unless in writing and signed by or on behalf of the parties.
20.5. No indulgence, extension of time, relaxation or latitude which Kaylee’s Market may show, grant or allow to the Customer shall constitute a waiver by Kaylee’s Market of any of its rights and Kaylee’s Market shall not thereby be prejudiced or estopped from exercising any of its rights against the Customer which may have then already arisen or which may thereafter arise.
20.6. These Terms and Conditions are subject to the Electronic Communications Act No, 25 of 2002 in respect of all transactions and payments conducted on this Website.
20.7. These Terms and Conditions are subject to the Consumer Protection Act, No. 68 of 2000 in respect of all Products purchased on this Website.
20.8. If the Customer accesses this Website from locations outside of South Africa, that Customer is responsible for compliance with all local laws.
20.9. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between Kaylee’s Market and the Customer with regard to the use of the content, the content displayed this Website as well as the purchase of any Product therefrom.