These Terms are the general terms of the relationship between Boobalu and you. These Terms cover the use of this Website, including any of our other marketing material. By visiting and using this Website, you accept and agree to these Terms. These Terms also cover any transactions (including any transaction carried out electronically using a computer or network, or in person) through which we provide you with Goods or Services. The commercial terms of any transaction between us will be contained in an Order that will incorporate these Terms. The Order will prevail if there is a conflict of meaning. Nothing in these Terms obligates either party to enter into any Orders.
Remember that you must always comply with the Agreement. If you do not understand any terms, you must ask someone to explain them to you. These general terms and any specific terms, form an agreement between you and us, so please make sure that you understand all of them.
DEFINITIONS AND INTERPRETATIONS:
- “Affiliate” means any parent company, subsidiaries, joint ventures, or other companies under a common control;
- “Agreement” means the agreement between you and us, consisting of these Terms and any Orders the parties enter into;
- “Customer” or “you” means any person who visits this Website or concludes an Order;
- “ECT Act” means the Electronic Communications and Transactions Act 25 of 2002;
- “Effective Date” means in respect of each Order, the effective date stipulated in each Order, in the absence of which it will be the date the Order is accepted by us;
- “EULA” means an end user license agreement;
- “Fees” means the fees, charges, or purchase consideration that you will pay to us in respect of Goods and Services provided by us under Orders;
- “Goods” means any goods we provide to you, under Orders;
- “Order” means a goods or services order agreed to and signed by both the parties describing the specific goods or services to be provided by us to you;
- “Services” means any services we provide to you, under Orders;
- “Sign” means the handwritten signature or advanced electronic signature of the duly authorised representative of a party;
- “Signature Date” means the date of signature by the party signing last;
- “Terms” means these terms, consisting of: these terms; and any other relevant specific terms, policies, disclaimers, rules and notices agreed between the parties, (including any that may be applicable to a specific section or module of this Website or any specific Goods or Services);
- “We” or “Boobalu ” or “us” means the Boobalu (Registration Number: 2020 / 200603 / 07 identified on this Website;
- “Website” means this Website, located at www.boobalu.co.za
- “Writing” means any mode of reproducing information or data in physical form and includes hard copy printouts, handwritten documents, fax transmissions, but excludes information or data in electronic form.
The singular includes the plural and the other way around. Any gender includes the other gender. Natural persons include corporate or unincorporated bodies, and the other way around. The headings of the clauses are only for information. Do not consider them when you interpret the document.
If there is a conflict of meaning between these terms and any other relevant specific terms, policies, disclaimers, rules and notices agreed between the parties, the specific terms will prevail in respect of your use of the relevant section or module of the Website or Goods or Services.
These terms commence on acceptance and continue until terminated.
USE OF THIS WEBSITE:
License to use this Website: We grant you a limited, revocable license to use this Website subject to the Agreement. Any person wishing to use this Website contrary to the Agreement must obtain our prior written consent.
- Passwords and Security: Only a registered or guest Customer can make offers. You are responsible for keeping your password secure. You are solely responsible and liable for activities that occur under your account. You authorise us to act on any instruction given under your account, even if it transpires that, someone else has defrauded both you and us, unless you had notified us prior to us acting on a fraudulent instruction.
- Customer Accounts: Customer accounts registered by bots or other automated methods are not permitted. You must provide your full legal name, a valid email address, and any other information requested in order to complete the registration process. One person may only use each login – we do not permit multiple people to share a login.
- Deactivation or deletion by Customer: You may deactivate or delete your account, for any reason.
- Ownership: Except as provided to the contrary in the Agreement, all right, title, interest, and ownership (including all rights under all copyright, patent, and other intellectual property laws) in, to or of this Website are the sole property of or will vest in us or a third party licensor. All moral rights are reserved.
- Trademarks: Our logo and sub-logos, marks, and trade names are our trademarks and no person may use them without permission. Any other trademark or trade name that may appear on this Website or our other marketing material is the property of its respective owner.
- Restrictions: Except as expressly permitted under the Agreement, this Website may not be: modified, distributed, or used to make derivative works; rented, leased, loaned, sold or assigned; decompiled, reverse engineered, or copied; or reproduced, transferred, or distributed.
- Prosecution: All violations of proprietary rights or the Agreement will be prosecuted to the fullest extent permissible under applicable law.
DISCLAIMER OF WARRANTIES:
- Disclaimer: Use of this Website is at your sole responsibility and risk. This Website is provided on an “as is” and “as available” basis. Except for the warranties given in the Agreement, we expressly disclaim all representations, warranties, or conditions of any kind, whether express or implied, to the extent permitted by law. Although we employ SSL encryption on this Website to offer a secure online shopping experience, we do not warrant that this Website will meet your requirements or be uninterrupted, be legally effective or complete, timely, secure, error-free or free from infection by malicious software. You should keep up-to-date security software on the systems used to access this Website.
- Exclusion of liability: Despite any warranty given by us, we will not be liable, to the extent permitted by law, regards any defect arising from: fair wear and tear, wilful damage, failure to follow its instructions (whether oral or in writing), misuse, or incorrect assembly.
LIMITATION OF LIABILITY
- Correct faults: We will correct any fault in this Website where possible and as soon as reasonably practical and this is its entire liability regarding any fault in the Website. If this clause is held inapplicable or unenforceable, then the following clause will apply.
- Direct damages limited: To the extent permitted by applicable law, regardless of the form (whether in contract, tort, or any other legal theory) in which any legal action may be brought, our maximum liability to you for direct damages for anything giving rise to any legal action will be an amount equal to the total fees already paid by you for the Goods or Services related to the claim. The aggregate amounts for all claims will not be greater than the maximum amount.
- Indirect damages excluded: To the extent permitted by applicable law, in no event will we (or our personnel) be liable for any indirect, incidental, special or consequential damages or losses (whether foreseeable or unforeseeable) of any kind arising from the Agreement.
- Other Website, goods, or services: We are not liable for any other Website, goods, or service (including unauthorised advertising of our Goods) provided by any third party.
What information do we collect?
We collect information from you when you register on our site, place an order or subscribe to our newsletter.
When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information. You may, however, visit our site anonymously.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
- To personalise your experience (your information helps us to better respond to your individual needs).
- To improve our website (we continually strive to improve our website offerings based on the information.
and feedback we receive from you)
- To improve customer service (your information helps us to more effectively respond to your customer service requests and support needs)
- To process transactions. Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
- To administer a contest, promotion, survey or other site feature
- To send periodic emails
The email address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc.
Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information. We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.
After a transaction, your private information (credit cards, ID numbers, financials, etc.) will not be stored on our servers.
- Invitation to do business. The marketing of the Goods or Services by us is merely an invitation to do business or for you to make an offer to procure Goods or Services. The parties only conclude a valid and binding Order when we accept the offer made by you. Unless proven to the contrary, we only accept an offer relating to Goods, when we ship the Goods. If only part of the Goods relating to an offer is shipped, we only accept that portion of the offer. Unless proven to the contrary, we only accept an offer relating to Services, when we begin providing the Services. We may accept or reject any offer. If we do not accept any offer, then we will refund any monies already paid by you.
- Modify: We may modify, suspend, or discontinue providing this Website or any Goods or Services (with or without notice) and will not be liable.
- Fees: Despite our best efforts, the stated Fees may be incorrect. We will confirm the Fees for any Goods or Services when we accept the offer.
- Third party terms: If a third party supplies or delivers any Goods or Services directly to you, third party terms or conditions may apply. You are solely responsible to ensure you understand and agree to those terms.
- Time and place. The parties conclude any agreement between them at the time when our duly authorised representative accepts the relevant offer and at the place where we have our head office. We do not need to communicate the acceptance of the offer to you.
- Orders. The Terms in effect at the time you make an offer will govern the Order. Each Order will create a separate agreement.
- Stock availability. We may not always have the Goods on which you make offers in stock. You may cancel the offer or make another offer on the part of the Goods that are in stock.
- Capacity of the vendor: Each Customer represents and warrants that it (and any person who places an Order on the Website) is old enough under applicable law to enter into the Agreement; possesses the legal right, full power, and authority to enter into the Agreement; is authorised to use the password required for any account; and will submit true, accurate and correct information to us and this Website.
If you are younger than 18 years of age, you warrant that, you have the consent of your legal guardian to enter into the Agreement or that you have obtained legal status in another manner.
- Sale: We sell to you the customer who purchases the Goods on the terms of the Agreement.
- Shipping and packing: We will display all available shipping options and charges before you complete your purchase. Unless otherwise agreed in writing, we will select the specific mode of shipment of the goods and the cost of shipment will be for your account unless covered by “free shipping”. We will pack the goods in accordance with our packaging specifications for the Goods and the cost of packaging will be included in the Fees.
- Time until dispatch: Once we receive an offer, we will endeavor to dispatch the Goods as soon as reasonably practicable. We will try to adhere to the estimated delivery dates and will advise you of any expected delays but accept no liability for failing to do so. You may not withdraw any offer due to a delay in delivery unless we agree so in writing.
- Risk and ownership: All risk of loss or damage to the Goods will pass to you upon physical delivery of the Goods to your delivery address. Ownership in the Goods will only pass to you upon the payment in full of the Fees.
- Assembly: Some Goods will require assembly upon delivery. We cannot be held liable for the incorrect assembly of any Goods by you or any third party.
- Third party goods: Some Goods sold on the website are manufactured by third parties. When you purchase these items we act on your behalf with these manufacturers. We will endeavor to assist you with any claims or disputes you may have with the manufacturers.
- Inspection on Delivery: Please note that all deliveries need to be inspected upon arrival and any shortcomings or damages need to be reported within 72 hours of delivery. Any other issues with your Goods (including workmanship flaws) must be reported within 7 days of delivery.
- We will take no responsibility for:
any Goods ordered incorrectly or,
any Goods ordered that turn out to be unsuitable for the intended needs of the customer,
any Goods damaged after delivery
- Unclaimed Goods: Any Goods left unclaimed for a period longer than one month in our possession will be sold to defray costs.
- Discontinue this Website, the goods, or services: The Agreement will automatically terminate if we discontinue this Website, Goods or Services.
- Breach. If You: commit a breach of the Agreement; repeatedly infringe the copyrights or other rights of others; fail to pay any amount due and fail to remedy the breach within 2 calendar days of having been called on in writing to do so. You agree that we may, to the extent permitted by applicable law and without prejudice to our rights in the Agreement or in law, deactivate or delete your account, terminate access to or use of the Website, claim specific performance of the Agreement, or cancel the Agreement immediately on written notice and claim damages from you (including, any claim for any Fees already due).
- Effects of termination: On the deactivation or deletion of your account, the Agreement will terminate and access rights will immediately cease to exist. The termination, cancellation, or expiry of an Order will not affect the enforceability of the terms that are intended to operate after expiry or termination.
- Forum: Any claims by us against you for injunctive or equitable relief or regarding intellectual property rights may be brought in any competent court without the posting of a bond. The parties will, in the first instance, refer any other dispute arising between them to our Customer Relationship Department, which will use its best endeavors to resolve the dispute.
- Collection proceedings: We retain the right to institute collection proceedings in a court of law of competent jurisdiction for matters involving outstanding payment.
NOTICES AND DOMICILE:
- Notices: All notices, authorisations, disclosures, acknowledgements, and requests must be sent by hand, prepaid registered post, courier, facsimile, or electronic mail to the addresses and numbers provided on this Website. By providing contact information, each party consents to its use for administering the relationship by the other party and other third parties that help a party administer the relationship.
- Domicile: Each party chooses its addresses and numbers provided on this Website as its domicilium citandi et executandi (its domicile for being served summons and execution levied) for all purposes. Change of addresses and numbers: Each party may change the addresses and numbers provided on this Website.
- Deemed Delivery: Notice will be deemed delivered on the date shown on the by hand, prepaid registered post, courier, facsimile or electronic mail confirmation of delivery.
- Notice actually received: If a notice is actually received by a party, adequate notice will have been given.
CIRCUMSTANCES BEYOND CONTROL:
No party will be responsible for any breach of the Agreement caused by circumstances beyond its control, including any breakdown or failure of power supply, the Internet, any telecommunications systems, or any computer hardware or software.
CESSION AND ASSIGNMENT:
No party may delegate its duties under the Agreement or assign its rights under the Agreement, in whole or in part. We may only assign the Agreement to any successor or purchaser of its business or some of its assets.
- Entire Agreement: The Agreement constitutes the entire agreement between the parties in respect of the subject matter of the Agreement.
- Changes: We may change the Agreement at any time and where this affects your rights and obligations, .we will notify you of any changes by placing a notice in a prominent place on this Website (or by email). If you do not agree with the change, you should stop using this Website. If you continue to use this Website following notification of a change to the Agreement, the changed terms will apply to you.
- Waiver: No granting of time or forbearance will be, or be deemed to be, a waiver of the Agreement and no waiver of any breach will operate as a waiver of any continuing or subsequent breach.
- Severability: If any term is void, unenforceable, or illegal, the term will be severed and the remainder of the Agreement will have full force and effect, provided the severance does not alter the nature of the Agreement.
- Governing Law and jurisdiction: The Agreement is governed by and must be interpreted under the laws of the Republic of South Africa and you agree to submit to the exclusive jurisdiction of the South African courts