TERMS AND CONDITIONS
AGREEMENT
Welcome to The Bevan Online network of online
stores network of online stores website. The Bevan Online network of online
stores network of online stores has provided this service to you subject to the
conditions detailed in this agreement. By using this website and/or registering
to shop on the Bevan Online network of online stores network of online stores
you confirm that you have familiarised yourself with the terms and conditions
governing the usage of the website and that you agree to be bound by these
terms and conditions. Should you not agree to the terms and conditions
stipulated, you must refrain from using the Bevan Online network of online
stores network of online stores website. Your access to the Bevan Online
network of online stores network of online stores website and use of any
services provided by The Bevan Online network of online stores including any
purchases made by you from The Bevan Online network of online stores are
subject to the terms and conditions below.
TERMS OF USE OF THE BEVAN ONLINE
NETWORK OF ONLINE STORES WEBSITE
The Bevan Online network of online stores grants to
you a limited license to access and make personal use of the website. You are
not allowed to modify (other than page caching) the website or any portion
thereof without the prior written consent of The Bevan Online network of online
stores. This license does not permit any resale or commercial use of the The
Bevan Online network of online stores website or its contents; any collection
and use of any product listings, descriptions, or prices; any derivative use of
the Bevan Online network of online stores website or its contents; any
downloading or copying of account information for the benefit of another
merchant; or any use of data mining, robots, or similar data gathering and
extraction tools. The Bevan Online network of online stores website or any
portion of the Bevan Online network of online stores website, may not be
reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited
for any commercial purpose without the prior written consent of The Bevan
Online network of online stores. You may not frame or utilize framing
techniques to enclose any trademark, logo, or other proprietary information
(including images, text, page layout, or form) of The Bevan Online network of
online stores and our affiliates without prior written consent. You may not use
any Meta tags or any other "hidden text" utilizing the Bevan Online
network of online stores name or trademarks without the prior written consent
of The Bevan Online network of online stores. Any unauthorized use terminates
the permission or license granted by The Bevan Online network of online stores.
You are granted a limited, revocable, and non-exclusive right to create a
hyperlink to the home page of the Bevan Online network of online stores website
so long as the link does not portray The Bevan Online network of online stores
The Bevan Online network of online stores, its affiliates, or their products or
services in a false, misleading, derogatory, or otherwise offensive matter. You
may not use the Bevan Online network of online stores logo or other proprietary
graphic or trademark, or those of their affiliates, as part of the link without
prior written permission of the owner of the graphic or trademark. The Bevan
Online network of online stores may provide links from the Bevan Online network
of online stores website to other websites which may offer services to you. The
Bevan Online network of online stores is not responsible for evaluating the
content or offerings made on these websites. The Bevan Online network of online
stores does not endorse or warrant the offerings of any of the businesses or
individuals, nor is it responsible for the content of the websites to which
links may be provided, or that of any third party websites, which may be
accessed through these linked websites. No liability will be attributed to The
Bevan Online network of online stores for any dealings with any other websites
accessed through links provided by The Bevan Online network of online stores
and you are solely responsible for assessing the terms and conditions and
privacy provisions of any of these websites. Please be aware that we
monitor all the I.P. Addresses of users visiting the website. Any fraudulent
activity will be reported to the proper authorities, and prosecuted to the
fullest extent of the law.
IMAGES USED
Please note that the icons used maybe digital representations of the product
and not the image of the actual product itself.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Apart from the provisions of sections 43(5) and
43(6) of the Electronic Communications and Transactions Act, neither The Bevan
Online network of online stores nor any of its agents or representatives shall
be liable for any damage, loss or liability of whatsoever nature arising from
the use or inability to use this website or the services or content provided
from and through this website. Furthermore, The Bevan Online network of online
stores makes no representations or warranties, implied or otherwise, that,
amongst others, the content and technology available from this website are free
from errors or omissions or that the service will be 100% uninterrupted and
error free. This website is supplied on an "as is" basis and has not
been compiled or supplied to meet the user's individual requirements. It is the
sole responsibility of the user to satisfy itself prior to entering into this
agreement with The Bevan Online network of online stores that the service
available from and through this web site will meet the user's individual
requirements and be compatible with the user's hardware and/or software.
Information, ideas and opinions expressed on this site should not be regarded
as professional advice or the official opinion of The Bevan Online network of
online stores and users are encouraged to consult professional advice before
taking any course of action related to information, ideas or opinions expressed
on this site. All items purchased from The Bevan Online network of online stores
are made pursuant to agreements with shipping and delivery agents and risk of
loss pass from The Bevan Online network of online stores to such agents upon
delivery of any item to such carrier.
APPLICABLE LAW
The Bevan Online network of online stores website
and all communications and transactions concluded using the website, are
governed by, and you agree to, the application of the laws of the Republic of
South Africa. As the website is targeted at South African citizens and
residents, any limitations on implied warranties or the exclusion or limitation
of certain damages which may be applicable under the laws of any other
jurisdiction are expressly waived by you, and to the extent that they cannot be
waived, you shall not enter into any transactions with The Bevan Online network
of online stores.
TERMS OF TRADE WITH THE BEVAN ONLINE
NETWORK OF ONLINE STORES
Placing an item in a shopping basket or adding it
to a wish list without completing the purchase cycle does not:
· Constitute an agreement of sale between The Bevan
Online network of online stores and users cannot hold The Bevan Online network
of online stores liable if such items are not available when the purchase cycle
is completed later; and/or
· Constitute an order for such an item; and The
Bevan Online network of online stores may remove such an item from the shopping
basket or wish list if no stock is available.
An agreement of sale between The Bevan Online
network of online stores and a user only comes into effect if and when:
· A credit card authorisation is received from the
issuing bank; or
· A deposit of an electronic fund transfer (EFT) is
reflected on The Bevan Online network of online stores bank statement (and only
if such payment is received within 2 (two) business days after completion of the
purchase cycle); or
· The Bevan Online network of online stores
reserves the right to refuse to accept and/or execute an order without giving
any reasons.
· The Bevan Online network of online stores also
reserves the right to cancel orders in whole or in part as circumstances
dictate.
· The Bevan Online network of online stores shall
only be liable to refund monies already paid by the user.
· The Bevan Online network of online stores shall
take all reasonable efforts to maintain correct prices. However, should errors
occur and items are offered at incorrect prices, The Bevan Online network of
online stores will not be obliged to sell goods at such incorrect prices, and
shall only be liable to refund monies paid.
PRIVACY POLICY
The Bevan Online network of online stores is
committed to protecting your privacy. This privacy policy applies to all the
web pages related to this website. All the information gathered in the online
forms on the website is used to personally identify users that subscribe to
this service. The information will not be used for anything other than which is
stated in the Terms & Conditions of use for this service. None of the
information will be sold or made available to any third parties.
You are required to input your Identity Number when
registering on the Bevan Online network of online stores website. We require
this information in order to verify that the cardholder and the person
receiving the goods correspond. We will NEVER share this information with 3rd
parties. The site may collect certain information about user’s
visits, such as the name of the Internet service provider and the Internet
Protocol (IP) address through which you access the Internet; the date and time
you access the site; the pages that you access while at the site and the
Internet address of the Web site from which you linked directly to our site.
This information is used to help improve the site, analyze trends, and
administer the site.
The Bevan Online network of online stores may need
to change this policy from time to time in order to address new issues and
reflect changes on our site. The Bevan Online network of online stores will
post those changes, ensuring users are always aware, regarding, what
information The Bevan Online network of online stores gathers, how The Bevan
Online network of online stores might use that information, and whether The
Bevan Online network of online stores will disclose that information to any
parties. Please refer back to this policy regularly. Should there be any
questions or concerns about our privacy policy, please send The Bevan Online
network of online stores an E-mail.
By using this website, users signify their
acceptance of The Bevan Online network of online stores Terms and Conditions.
If users do not agree with this policy, please contact The Bevan Online network
of online stores or alternatively refrain from using our site. Your continued
use of the website following the posting of changes to these terms will signify
that you accept those changes.
THIRD PARTY LINKS
In an attempt to provide increased value to our
users, The Bevan Online network of online stores may provide links to other
websites or resources. Users acknowledge and agree that The Bevan Online
network of online stores is not responsible for the availability of such
external sites or resources, do not endorse, and are 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.
STOCK AVAILIBILITY
Stocks of all goods on offer are limited. The Bevan
Online network of online stores shall take all reasonable efforts to
discontinue the offer as soon as stock is no longer available. However, should
items still be offered after stocks are sold, The Bevan Online network of
online stores shall only be liable to refund monies where it is unable to
fulfil orders at advertised prices.
SPECIAL OFFERS
The Bevan Online network of online stores shall not
be liable for the sale of items at lower prices if such prices were increased
and users and/or purchasers could not, for any reason whatsoever, conclude an
agreement of sale while such prices remained low. If The Bevan Online network
of online stores supplies the wrong product or if the product is in any way
faulty or damaged, The Bevan Online network of online stores will exchange it
for the correct one. However, if the product is no longer being offered at the
special price, it will not be replaced and The Bevan Online network of online
stores will refund the purchase price including delivery costs.
BACKORDERS
Due to the popularity of some products or services, The Bevan Online network of
online stores may not always have the specific product/s ordered by you, in
stock. The Bevan Online network of online stores will accept orders for out of
stock products or services to ensure that you will be the first to receive the
item once it becomes available. If the products and services ordered by you are
not available in, or only a portion is available, you may cancel the order, or
re-order the quantity that is available, or place a backorder. Once the products
or services become available, it will be shipped to you.
ELECTRONIC COMMUNICATIONS
When you visit The Bevan Online network of online
stores or send e-mails to us, you are communicating with us electronically. You
consent to receive communications from us electronically. The Bevan Online
network of online stores will communicate with you by e-mail or by posting
notices on the Bevan Online network of online stores website. You agree that
all agreements, notices, disclosures, and other communications that we provide
to you electronically, shall satisfy any legal requirement between us. Further,
that your acceptance of any terms or conditions applicable to the The Bevan
Online network of online stores website and transactions concluded using the
Bevan Online network of online stores website, as well as your intent to enter
into any transaction with The Bevan Online network of online stores, may be
evidenced by any action by you from which this may reasonably be inferred.
REGISTRATION
Before you may make an offer to purchase any of the
products or services provided by The Bevan Online network of online stores, it
is necessary that you register as a purchaser. Registration as a purchaser is
restricted to individuals who may legally enter into binding and enforceable
agreements. No person under the age of 18, or not legally permitted to enter
into a binding and enforceable agreement, may register as a purchaser. Any
person not permitted to register as a purchaser but who does so, shall be guilty
of committing fraud and The Bevan Online network of online stores may take
whatever legal action it deems necessary to obtain the appropriate relief.
Registration as a purchaser is free and does not
obligate you to purchase anything or release information such as credit card
numbers or bank account details. In registering as a purchaser you are required
to provide The Bevan Online network of online stores with, complete and
accurate information about yourself, and you warrant that the information
provided is correct. Upon acceptance of your registration, an email
confirmation of your registration as a purchaser will be transmitted to you.
Transmission times depend on your Internet Service Provider, but it typically
takes less than 10 minutes to receive the email confirmation. If you do not
receive the email confirmation, you should contact our offices, the details of
which are contained under Contact information
PASSWORD
Without a valid email address (your user identification) and password, you will
not be able to purchase products or services displayed on the Bevan Online
network of online stores website. You are solely responsible for ensuring the
confidentiality of your password, which authenticates your identity. You
acknowledge this responsibility and agree that any communication or transaction
that may be made using your password shall be attributed to you.
If you suspect that the confidentiality of your
password has been compromised you should immediately advise The Bevan Online
network of online stores of this fact by email. The Bevan Online network of
online stores shall, on receipt of the email, suspend your registration pending
your further instructions. You shall remain responsible for all transactions
effected prior to the suspension of your registration and liable for any
payments that may flow from these transactions.
TERMINATION OR SUSPENSION OF
REGISTRATION
If you are in breach of, or The Bevan Online
network of online stores believes that you may breach, any of the terms and
conditions governing the use of, or trading using the Bevan Online network of
online stores website, The Bevan Online network of online stores may, in its’
absolute discretion, either suspend or terminate your registration as a
purchaser.
TRANSACTION HISTORY
The transaction history may be accessed by a
registered customer on the Bevan Online network of online stores website and is
provided for information purposes only. This transaction history will show
purchase transactions only and will not reflect refunds or other transactions.
For a full and accurate transaction history, call the offices of The Bevan
Online network of online stores and they will provide you with a faxed copy of
your statement. The Bevan Online network of online stores shall not retain a
transaction history for a period in excess of 1 (one) year.
DISCLAIMER OF WARRANTIES AND LIMITATION
OF LIABILITY AND APPLICABLE LAW
The provisions of the Disclaimer of warranties,
Limitation of liability and Applicable law relating to the Laws of Southern
Africa and will apply equally to the remainder of this agreement.
AMENDMENT TO TERMS AND CONDITIONS
The Bevan Online network of online stores may amend
the terms and conditions governing access to the The Bevan Online network of
online stores website as well as trade using the website. The Bevan Online
network of online stores shall, prior to the amendments of the terms and
conditions, give registered purchasers and any third parties to whom this
agreement may apply notice of the amendments by email, or by posting the notice
of such amendments on the The Bevan Online network of online stores website. If
you do not agree with the amended terms you shall immediately give notice to
The Bevan Online network of online stores of your wish to have your
registration terminated. Failure to do so will be deemed to indicate your
acceptance of the amended terms and conditions.
INTELLECTUAL PROPERTY STATEMENT
All the content, trademarks and data on this web
site, including but not limited to, software, databases, text, graphics, icons,
hyperlinks, private information, designs and agreements, are the property of,
or licensed to, The Bevan Online network of online stores and as such, are protected
from infringement by local and international legislation and treaties.
COMPLIANCE WITH STATUTORY CONSUMER
PROTECTION PROVISIONS
The Bevan Online network of online stores adheres
to the provisions of Chapter VII of the Electronic Communications and
Transactions Act 25 of 2002 ("the Act"). Chapter VII of the Act
provides protection to consumers and the provisions of the Act relevant to
commercial transactions that may be effected on the Bevan Online network of
online stores website, as well as the information required in terms of the Act
are provided for your reference.
WARRANTY
All the products supplied through The Bevan Online
network of online stores use well-established supplier chains in South Africa.
All warranties are held with The Bevan Online network of online stores. The
warranty is subject to our standard terms and conditions. Should a
fault arise with any item, the item must be returned to The Bevan
Online network of online stores, the address is provided below. In
the unlikely event of an OBF (Out of Box Failure), the item must be returned
and this shall be swapped out.
REFUNDS / RETURNS
Should the user, for any reason, wish to cancel their purchase they will be
liable for a 15% handling fee. Users must advise The Bevan Online network of online
stores in writing of their cancellation and any such cancellation must be
signed by the person who made the original purchase. Should users wish to
return a purchase, please call for a return authorization number or request a return number
online. The Bevan Online network of online
stores shall only accept returns within 7 days of receipt of delivery,
provided the product is in its mint and original packaging and in the same
condition as when received. The return authorization number will only be valid
for a period of 7 days, commencing on issue of the return authorization number. If
the goods and packaging are not in mint condition, they will be returned to the
customer at the customer’s expense.
Defective items may only be returned for refund or
replacement subject to the following restrictions:
1. All products must be returned in original
condition including packaging, documentation, warranty cards, manuals, and
accessories.
2. Software and consumables are non-refundable
unless returned unopened in their original packaging with documentation.
3. All custom/special orders may not be cancelled,
and can only be returned for repair.
4. All non product related fees (shipping,
transaction and insurance) are not refundable.
5. If unopened goods are returned within 7 days,
you will receive a refund excluding transport costs.
In terms of special offers, should The Bevan Online
network of online stores supply the wrong product or if the product is in any
way faulty or damaged, The Bevan Online network of online stores 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 The Bevan Online network of
online stores will refund the buyer's purchase price including delivery costs.
Software may NOT be returned if opened or unsealed
and non-defective. You may exchange these items for the same item if the
original is defective. Please confirm that software are compatible with your
hardware and operating system prior to purchase as The Bevan Online network of
online stores cannot accept software returns as a result of system
incompatibility. System requirements are usually available on the
manufacturer's website.
In terms of hardware, all guarantees are
immediately null and void should any equipment be tampered with or should the
seals on equipment be broken by anyone other than the manufacturers’
representative or should the goods be operated outside the Manufacturer's
specifications.
Under no circumstances will The Bevan Online
network of online stores be liable for any damage arising from any misuse or abuse
of goods. No writable media CD-R, CD-RW, DVD-R, DVD-RW may be returned. Please
confirm that hardware is compatible with your operating system and any existing
hardware prior to purchase as The Bevan Online network of online stores cannot
accept hardware returns as a result of system incompatibility. System
requirements are usually available on the manufacturer's website.
Faulty products are to be returned to The Bevan
Online network of online stores (address below) in order to examine and record
the item before continuing with the warranty process. Should you be
located outside of Cape Town, The Bevan Online network of online
stores can offer a collection of the goods with our courier at a
nominal fee.
IN TERMS OF FAULTY PRODUCT
Should the faulty product be replaced by the
manufacturer or supplier, the customer shall then be provided with the
replacement, alternatively, all warranty repair work shall be carried out by
the respective manufacturers, suppliers and/or their authorized repair centers.
Faulty products are to be returned to The Bevan Online network of online stores
(address below) in order to record the item before continuing with the warranty
process. All goods are guaranteed against faulty materials and workmanship.
Goods are not guaranteed against faults resulting from normal wear and tear. If
an item from the Bruno Ricci jewellery range is damaged or faulty it must be
returned (according to the standard returns policy), in order to be examined by
an expert jeweller, to establish the cause of the damage or fault. If the
product is in any way faulty as a result of a manufacturing defect, it will be
repaired or exchanged at our discretion and at our expense. If the product is
in any way faulty as a result of the customer’s negligence or use, a quote will
be given to the customer to repair the product. Should the customer accept the
repair charge; this cost together with delivery charges (to return the goods to
the customer) must be paid before the repair is undertaken. If the goods have
been damaged by the customer, to the extent that they are not repairable, they
will be returned to the customer, at the customer’s expense. Should you
be located outside of Cape Town, The Bevan Online network of online
stores can offer a collection of the goods with our courier at a
nominal fee.
DELIVERY
When the customer purchases from The Bevan Online
network of online stores, legal obligations arise, and their right to refund of
monies charged to their credit card or paid in any other way agreed by The
Bevan Online network of online stores, are limited by our terms &
conditions. Users must not make any purchase through this website unless they
understand and agree to all The Bevan Online network of online stores terms and
conditions. Once payment is made for the purchase, it is deemed that the user
has read and understood the terms and conditions for such a purchase. If users
have any queries please contact The Bevan Online network of online stores,
before making any purchase, for any service throughout this website. All orders
received by 1pm shall be processed the same day and dispatched the following
working day on condition that payment reflects in the bank account of The Bevan
Online network of online stores, orders placed after 1pm shall be dispatched
within 24-48hrs provided that it falls on a working day, and that payment
reflects in the bank account of The Bevan Online network of online stores.
Delivery is done through The Bevan Online network of online stores logistics
partner , and The Bevan Online network of online stores strive to ensure
that all parcels shall be delivered within 48 hrs after being dispatched. This
is subject to stock availability.
EXTENDED DELIVERY TIMES
Should an order be placed for an item which The Bevan Online network of
online stores do not have in stock, we will first contact the customer and only
then order the stock from our suppliers. Should our suppliers not be able to
confirm a date within three weeks, from time of the order, for delivery, we
will contact you and act on your instructions.
SPECIAL ORDERS
Certain special orders, including custom products
and special configurations, require varying order lead times. Please contact us
for further information.
INSURANCE
LIMITATIONS OF LIABILITY
The Bevan Online network of online stores accepts
no liability for any loss of goods once it is handed over to our couriers. It
is the onus of the client to see that they have insurance to cover their
purchases. Insurance is optional should you wish to take out insurance then
please insure you choose that option on the Bevan Online network of online
stores website by indicating it on your purchase order.
PRICING
All pricing on the Bevan Online network of online stores website is subject to
the Rand rate and is subject to change without notice. Pricing includes Value
Added Tax. All prices are quoted in South African Rand (ZAR).
PAYMENT METHODS
CREDIT CARD PAYMENTS
At the time of purchasing the order, the
transaction details are presented to the bank for a payment request for the
amount of the order. Goods are only dispatched to the customer on receipt of
funds in the merchant’s bank account from the acquiring bank, Absa Bank
Limited. Note that to protect its own and the interests of customers, The Bevan
Online network of online stores will scrutinize all transactions very carefully
to prevent attempted fraud and a transaction may be refunded to the credit card
concerned if The Bevan Online network of online stores is not satisfied with
its legitimacy. Please be aware that we monitor all the I.P. Addresses
of users visiting the website. Any fraudulent activity will be reported to the
proper authorities, and prosecuted to the fullest extent of the law. We also
conduct a consumer check on every customer purchasing with a credit card.
Please Note: International credit cards will only be accepted at the sole
discretion of The Bevan Online network of online stores. We further reserve the
right to delay any form of refund whilst in the process of verification and card
holder authentication.
· Credit card payments can take up to 7 consecutive
business days to clear.
CREDIT CARD ACQUIRING AND SECURITY
Credit card transactions will be acquired for The
Bevan Online network of online stores only via PayGate, who are an approved
payment gateway. Any other credit card or debit card transaction made through
the store using any other provider will not be accepted by Bakwena Print.
Bakwena Print will also not be held responsible for any loss incurred by the
use of any Credit Card or Debit Card Transaction Service other than PayGate.
1. PayGate uses the strictest form of encryption,
namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on
the website.
2. PayGate is committed to providing secure online services. All encryption
complies with international standards. Encryption is used to protect the
transmission of personal information when completing online transactions.
3. The Merchant does not have access to credit card details.
4. PayGate continually reviews and enhances its
security in line with technological changes.
Additionally, The Bevan Online network of online
stores together with PayGate takes the following precautions to protect our
consumers even further:
Visa 3D Secure / MasterCard Secure Code
These programs were provided by Visa and MasterCard
as a measure to lock down illegal credit card use one step further. A password
is issued to the customer that is linked to the credit card so that when an
online transaction is taking place the password must be entered.
ELECTRONIC FUNDS TRANSFER (EFT)
If the buyer selects to pay by Electronic Funds
Transfer (EFT), instructions will be given on how to deposit monies into the
Bevan Online network of online stores bank account and would be subject to the
following rules:
The Bevan Online network of online stores' banking
details are as follows:
Bakwena Print (Pty) Ltd
Account Number: 1006533538
Type: Cheque Account
Branch Code: 632005
ABSA Helderberg
CUSTOMER PRIVACY POLICY
The Bevan Online network of online stores shall
take all reasonable steps to protect the personal information of users. For the
purpose of this clause, "personal information" shall be defined
as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The
PAIA may be downloaded from: http://www.lawsofsouthafrica.up.ac.za/index.php/current-legislation.
CUSTOMER DETAILS SEPARATE FROM CARD
DETAILS
Customer details will be stored by The Bevan Online
network of online stores separately from card details which are entered by
the client on PayGate’s secure site. For more detail on PayGate refer to
www.paygate.co.za.
MERCHANT OUTLET COUNTRY AND TRANSACTION
CURRENCY
The merchant outlet country at the time of
presenting payment options to the cardholder is South Africa. Transaction
currency is South African Rand (ZAR).
RESPONSIBILITY
(Your Company) takes responsibility for all aspects
relating to the transaction including sale of goods and services sold on this
website, customer service and support, dispute resolution and delivery of
goods.
COUNTRY OF DOMICILE
This website is governed by the laws of South
Africa and The Bevan Online network of online stores chooses as its
domicilium citandi et executandi for all purposes under this agreement,
whether in respect of court process, notice, or other documents or communication
of whatsoever nature (8 Noble Street, The Interchange, Somerset West, 7129,
South Africa).