1. Introduction
1.1 We are Goldee Trading 346 CC with,
Registration number: 2006/034599/23,
our physical address is: Unit 19, Amalgam Industrial Estates, 24, Bessemer Street, Amalgam, 2092, Johannesburg, Gauteng, Rep of South Africa. trading as Bunty website www.bunty.co.za (the Site) and its subsidiaries, associates and officers unless otherwise stated.
1.2 These Terms and Conditions oversee the supply by us of a product/s ordered by you online. By accessing this website you legally bind yourself to adhere to these terms and conditions when you agree to order a product or browse our website.
1.3 In these Terms and Conditions:
1.3.1 Definitions:
a) “Account” refers to the account that you will have to register for on our site should you wish to place an order with us;
b) “Acknowledgement” refers to our recognition of your order through a email;
c) “Breach of Duty” the meaning given to it in clause 09 & 10 of these Terms and Conditions;
d) “Business Days” in South Africa this includes all days excluding Saturdays, Sunday and public holidays ;
e) “Confirmation of Order” is an email sent to you by us , in which your order is accepted by us in accordance with clause 3.4.11 below;
f) “Contract” refers to the customer’s order of a product/s subject to these Terms and Conditions which we accept in accordance with clause 3.4.11 below;
g) “Customer” refers to the person who places an order on this site and who bears the responsibility of payment;
h) “Liability” refer to the definition given in clause 9.1(a) of these Terms and Conditions;
i) “Order” refers to the order placed by the customer on the website with the intention to purchase a product from us;
j) “you” refers to the Customer;
k) “We” refers to Goldee Trading 346 CC, as described above;
1.3.2 Headings and sub-headings should not affect the interpretation of the Terms and Conditions as these are given only for an ease for reference ;
1.3.3 Words conveying the singular implies inversely to the plural.
1.3.4 Words communicating a gender includes all genders and any references made to persons includes: an individual, company, corporation, firm or partnership;
1.3.5 These Terms and Conditions are our copyrighted intellectual property and any use by third parties, even of extracts for the commercial purposes of offering goods and/or services, is not permitted. Infringements may be subject to legal action.
1.3.6 References to “clauses” refer to the clauses in these specific Terms and Conditions;
2. Implementation
2.1 The Terms and Conditions stated are applicable to all orders placed with Bunty regardless of the intention to conduct a sale/supply of the goods. A tacit approval of these terms and conditions arise the moment you place an order with Bunty online, instructions are received to make a delivery or if you receive the goods delivered. Take note that none of your statutory rights are infringed upon this includes your right to products that are of sufficiently good quality, correlate with the illustration provided and is/are suitable in relation to the intention for which it was made.
2.2 Preference will be given to these terms and conditions over any other suggestions proposed by you. In addition no suggestions made, promoted or proposed in any manner by you will be accepted.
2.3 Until any amendments made to the terms and conditions which must be consented by the authorized person at Bunty in the form of a signature that amendment is not applicable and therefore not enforceable.
3. Formation of the Agreement
3.1 How the Order should be placed
3.1.1 An account must be registered on the website before you proceed to place an order and then in accordance with the instructions given you may place your order. Instructions include:
a) Click on “sign up” in order to place your order
b) If you have an account then login to your account.
c) Scroll through the brochure and select the goods you wish to purchase.
d) When relevant allocate to us your desired size, quantity, length or mass amongst other descriptions.
e) The order should be placed / submitted.
f) An order of conformation including the order number will be mailed to the email address provided.
g) Within 3 days after the placement of the order has occurred, will your payment be processed.
h) Within 3-5 working days after the payment made is displayed in our account, will your order be delivered.
3.2 Handling of Order:
3.2.1 Deliveries could take up to 3-5 business days. For in-store collection please note there will be an estimate waiting period of 20min to 30min.
3.2.2 Out of stock goods usually take between 14-16 weeks to receive from supplies, also take notice that if a product needs to be ordered in then the delivery will only be made once your order is intact, however, and if you require a product urgently then make contact with us telephonically or send an email.
3.2.3 Delays in delivery may occur occasionally due to shortage of stock or postage issues even though every attempt possible is made to deliver your order on time.
3.2.4 For goods we do depend on our suppliers so this is sometimes completely out of our power.
3.2.5 Communication will be made to you if the decision to drop a certain item has been made and you will be provided with an opportunity to obtain a refund
3.3 Payment
3.3.1 An amount including VAT will be displayed on the website once you have selected your items regardless of what you had perceived the payment to be, all prices are listed in accordance to the currency which is in force at the time in South Africa. Subject to clause 3.4.13 below, that is the total sum that you are obliged to pay for your order.
3.3.2 One of the following methods can be used to make the payment once the order has been placed.
3.3.3 Credit card payment
Payments made by means of credit cards and cheque/debit cards are accepted by Bunty. In addition a 3D-Secure system is utilized to confirm cardholder details with your bank, does not apply to cell phones, which connects you safely with your bank. Within the safe environment of your bank does transaction occur as and none of your card details are accessible to us. You can take confidence that only our compliant payment service provider will have access to your card details. When an item is returned only after the required approval is gained will the relevant amount will be paid back into your bank account.
3.3.4 EFT (electronic funds transfer)
This method is made through computer-based systems and a direct transfer of money from your account into ours is required. If you opt for this specific type of payment then it is required that you fill in all the necessary details asked on the site. Also displayed on the website will be instructions relating to references, proof of payment etc. All proof of payments should be directed to: sales@bunty.co.za only once we receive your proof of payment will we be able to proceed to deliver your order. A proof of payment may also be requested in case the payment does not show as an EFT transaction.
3.4 Take note of the following:
3.4.1 That these payment options may only be used in respect of South Africa and not any other country.
3.4.2 The website and invoice bears all the relevant banking details.
3.4.3 Until the amount has not been received in full or if the payment is not reflected in our account no delivery shall be made.
3.4.4 It is requested that as a reference you use the order number that was allocated to you when making a payment of any kind and then email or fax proof of payment.
3.4.5 Orders for which no payment is received within 03 days will be cancelled.
3.4.6 When asked for details regarding a payment card then you should be fully eligible to use that card or account. Sufficient funds must be available in the card/account to cover your payment made to Bunty.
3.4.7 You undertake that all details provided by you to Bunty with the intention of purchasing the item shall be correct. You also undertake that the payment option chosen by you is yours and that there are enough funds present to cover the cost of the order. The right to obtain verification of the payment details is reserved with us before delivering the product to you.
3.4.8 When a submission of an order is made to the website, you agree that you do so subject to the latest Terms and Conditions available on the Site on the date the submission is made. Every time you place and order with Bunty you undertake the responsibility to evaluate the latest terms and conditions available on the website.
3.4.9 Unless your order is cancelled or should you receive a Confirmation of Order from us then your order is deemed to be valid. Your Order remains valid as an offer until we issue our Confirmation of Order or, if earlier, when we receive your notice revoking your Order (not accepted post 03 Days).
3.4.10 Bunty is under no obligation to deliver the goods to you unless we have approved of your order by sending you a confirmation of Order. And clearly state that we have accepted your order, furthermore, any other communication received from us whether it is in the form of emails, letters, faxes, or any other form of communication in which we acknowledge your order is solely for information purposes and is not equivalent to the Conformation of Order although we may send you your order reference and/or product details in those acknowledgements. We may exercise our discretion to reject taking an order from you due to any reasons we deem fit these could include: shortage of stock or transportation difficulties amongst other reasons or an alternative item could be offered to you for which we would require email confirmation from you for the same.
3.4.11 An agreement will be created, and a legal duty will be placed upon us to deliver your order to you unless the delivery becomes impossible due to unforeseeable circumstances. Only when the ‘Confirmation of Order’ sent via email expressly states expressly that we are accepting your order will acceptance take place. Once dispatched by Bunty our ‘Confirmation of Order’ is considered to come into effect. You may receive an invoice from us at anytime once your order has been accepted this is without influencing your duty to pay us earlier. We hold the right to refuse to process your order until we have not approved of your order and you hold the right to have your order cancelled. If a cancellation of the order is made before we had accepted the order whether it is cancelled by you or Bunty, then any payment made to us by you or your company will be refunded with little or no delay.
3.4.12 Should you realise that an error is made regarding your order once you have submitted your order online then please contact sales@bunty.co.za at once. However, any rectifications to your order in accordance to your bidding are not promised.
3.4.13 We will do our very best to be certain that the most accurate price is provided to you at all times, though, as a part of procedure for acceptance the price of your order has to be verified by Bunty and in the case where changes in prices occur before your order is processed contact will be made and you will be asked if you still wish to proceed with the order despite the changes made to the prices.
3.4.14 We are under no obligation to supply any items until we have not sent a Confirmation of Order for those specific items even if they formed a part of your order. The only items that we are under obligation to dispatch are the ones for which a Confirmation of Order was sent.
3.4.15 Only information that is accurate must be submitted to Bunty, website or our representative. It remains your responsibility to keep your information updated as well as to inform us of any updates.
4. Delivery Policy
4.1 To dispatch the order at your requested place is our aim, however, orders will be dispatched to a physical address only and not to P O Box addresses. Delivery rate is calculated on checkout.
4.2 We aim to dispatch your order within the time frame designated by us after your order has been fully processed and there are no hold-backs (which is updated in the Confirmation of Order) although a definite date cannot be promised when the submission of your Order or the Confirmation of Order is made. We aim that within 3-5 business days you receive your order from us but this depends on the payment method used but any strict delivery dates cannot be promised.
4.3 If there is a possibility that the delivery cannot be made on the date decided then you shall be notified., but, due to the extent permitted by law, if a late delivery causes you to suffer any losses, costs, liabilities, damages charges or expenses then we are not to be held liable for any suffering caused to you as a result of a late delivery.
4.4 Click and Collect orders will be allowed post payment confirmation is received. Which will happen in line with our standard delivery timeline of 3 – 5 working days and will be confirmed via email when the parcel is ready to be collected. We will hold the parcel for 05 working days and, if not collected, will cancel you order and forfeit any amounts paid to us. You will be required to provide positive identification in the form of a valid driver’s license, passport or identity book accompanied by order copy before we will release your order to you. The orders can be picked up at SNS Traders Unit 19, Amalgam Industrial Estates, 24 Bessemer Street, Amalgam, 2092, Johannesburg, Gauteng, Rep of South Africa.
4.5 Once the product has been dispatched a signature may be required of you as proof of receiving your order. Before you sign for delivery inspection of the item for any apparent faults, defects or damages is what you agree to. It is imperative that you keep the invoice of the delivered item/s for future reference as well as for discussions with us.
4.6 Please take note that delivery to some areas may not be possible for us. In this case, using the contact details provided to us contact will be made to you in order to inform you that an alternative delivery address must be used or a cancellation of the order must be made.
4.7 All orders are dispatched in our standard packaging additional charges will apply should you request any special packaging.
4.8 Upon on receiving the order all the risk in the product/s passes onto you, except in the case of a late delivery which occurred due to a violation of your duties under a contract, for this reason it is deemed that all risk was passed to you on the date when the delivery should have occurred if it was not for your violation and when this risk passes to you, we will not be accountable for any loss or destruction of the item.
4.9 When opening the product you must handle it with fragility and great care so that it is not damaged especially if any sharp instruments will be used to open the product.
4.10 To avoid unnecessary delay you should make sure that you are prepared to receive the delivery safely at any reasonable time given by us.
4.11 Instructions on re-delivery or collection from the courier will be left should you be unavailable to accept the delivery or collection.
4.12 If an unreasonable refusal by you causes a delivery/collection to be delayed or if the order/delivery is not accepted by you from the courier then (without any solution or right being affected that is available to us) either or both of the following will be:
a) Reasonable costs that were incurred by us as well as a reasonable storage fee will be charged; and/or
b) For purposes of delivery or collection the product will no longer be made available and an immediate notification shall be sent to you stating the cancellation of the applicable contract, furthermore any money paid to us will be refunded to either you or your company according to the relevant contract with immediate effect unless our administration costs (which include expenses for attempting to deliver the order and then returning the item, and/or storage costs) surpasses the amount of money paid to us
4.13 It is not affirmed by us that your desired demands will be met and it remains your responsibility to make certain that the items are enough and are appropriate for your purposes and meet your desired demands. You also accept that the goods are of a satisfactory level and not made indicated to meet any specific requirements that you may have.
4.14 Free delivery would be offered on purchases above R 1,500.00 (One thousand Rands)
4.15 We reserve the right to cancel an order or withdraw the free delivery offer if we become aware of a customer intentionally abusing this offer.
4.16 Please take note of the following:
a) Cash handling fees as well as the delivery fee are non-refundable.
b) Bunty has the right to make use of its discretion in which we decide upon as to which areas we consider as Main Centres and Outlying Areas
c) Bunty holds the authority to review and make any amendments it considers necessary to these areas from time to time.
d) A set amount of R150.00 will be charged for courier deliveries.
e) Delivery can take place between 3-5 business days from the date that your order is dispatched from our office.
5. Cancellation
5.1 We have every right, for purpose of suspected fraud, to reject to or process payment on any order, and/or to cancel any contracted agreed between you and Bunty, in whole or in part, if the Product is unavailable for whatever reason. A notification will be sent to you in this case any payment made by you will be refunded, and accept no liability which may have risen as a consequence due to the refusal to process any order/purchase.
5.2 The method which was used by you to make a payment to us will be the same method that we will use to refund any money received from you, unless an agreement is made between you and Bunty.
5.3 Return and Refunds
Items must be returned directly to Bunty. You will be held responsible for all shipping costs (these costs may result from the shipment of the requested product back to the original seller). We must be advised of your cancellation in written form which also should bear the signature of the person who authorised the original purchase. Please be advised that all refunds are subject to Bunty authorising the return. All return requests must be made under 24 hours from delivery. Only unopened, unused and unaltered (in any manner whatsoever, whether by wash, stain or otherwise) items that are in their original packaging may be returned. Permission will not be given to all requests of returns or cancellation.All sales are final, and no cash refunds will be issued for any orders placed through our website. However, in the event your order qualifies for compensation under our policies, we will provide a coupon code equivalent to the value of the affected items. This coupon code can be applied toward your next purchase on our website.
By completing a purchase, you agree to these terms and acknowledge that you will not be entitled to a monetary refund under any circumstances.
5.4 Exchange Policy
Within 03 days of receiving your product/s faulty items may be refunded or exchanged. Any item/s that are to be returned should be in its original form unused and unaltered with labels still attached.
If the size of the product is incorrect then it can be exchanged on the following conditions:
a) A replacement size should be available in order for the exchange to occur.
b) The product in question must be, unused and unaltered (in any manner whatsoever, whether by wash, stain or otherwise).
For the purposes of resale the product must be in a satisfactory and suitable condition in its original packaging but if a non-defective product shows indications of extended use then the product will not be accepted. In addition all posting/carrier costs has to be paid by the customer.
The courier/posting costs will have to be paid in advance by the customer.
5.5 Items on sale
The Exchange policy is not applicable to items bought on sale. Exchange or returns will not be accepted on any sale items therefore make sure that you are highly satisfied with the product/s on sale before ordering them. .
6. Cancellation by Customer (Non-Faulty Product)
6.1 Any purchase contract entered into online may be cancelled by the customer within 24 hours of receiving the order and to receive a refund subject to clause 5.3. You are also entitled to cancel a purchase if there is a delay in the delivery beyond the estimated dispatch date/time frame (or if it is not specified, beyond 14 days from the order date).
6.2 cancellation fees shall not be applicable.
6.3 Where relevant, delivery fees and cash handling fees, non-refundable.
6.4 For further details regarding non-faulty Products, please refer to return and refund policy.
7. Faulty Products
7.1 We guarantee that:
a) The Product would be dispatched undamaged in the quantities ordered; and
b) Producer’s most recent and updated instructions will be complied by the item as stated on the website/at the time of your order in our Product material.
7.2 It is your responsibility to make sure that you use the product in accordance to the latest instructions available on the website or on the product itself.
7.3 Slight reasonable changes may be made with regards material, colour, weight, measurements and design amongst other features before dispatching the item/s.
7.4 We make every effort to ensure that the item/s delivered are in excellent condition, however, if you lodge a complaint to us stating that the Product is faulty then you agree to keep the item in its present condition so that within a reasonable time it can be examined by us or by our team.
7.5 Your assistance may be required and a provision of specific information regarding the item may be needed in order to provide you with solutions. Certain information regarding the product may include:
a) Specifications of how the product is damaged or defected where necessary reasonable details should be given; and
b) A delivery receipt number, order number and other similar required information must be provided to us.
7.6 If it is reasonably possible to replace a product and/or provide a refund and you would like Bunty to replace or provide a refund for the product where it did comply to the relevant contract, but it is found that the product has:
a) been mishandled, abused neglected, received improper or inadequate care or been damaged due to an improper attempt at moderation of the product ; or
b) if the product has been utilized in a manner which contradicts the producer’s instructions given for the product; or
c) After the order has been dispatched by Bunty and only then the product’s condition was deteriorated as a result of through normal wear and tear by you we could at our discretion come to a decision not to replace or refund you for the product, instead, you may be required to pay all reasonable courier costs and servicing costs at Bunty’s current standard fee and costs. These costs and fee may be charged to your credit or cheque card, or to the payment details which were given to us when you placed your order, and, as far as the law of this country allows us, we are not responsible for any losses, liabilities, costs, damages, charges or expenses incurred by you as a result.
7.7 The conditions and procedure for returns of faulty products will be applicable, as set out in our Returns Policy. These conditions are compatible with the requirements of the Consumer Protection Act 68 of 2008.
8. Promotional Vouchers.
8.1 You may make use promotional vouchers as well as gift vouchers to make a payment for products that are regularly priced on the website. Specific details for promotional vouchers can be found in clause 8.7 and for gift vouchers at clause 8.8.
8.2 To redeem vouchers in your Account or check an existing credit, please visit “My User Account” on the Site.
8.3 Gift and promotional vouchers may be emailed to you. Although subject to clause 11.2, we accept no responsibility for any mistakes occurred in the email address of the voucher recipient.
8.4 If you are in possession of a gift or promotional voucher, then that voucher can be redeemed by someone else if you assign your rights to that person. This is done at your own risk.
8.5 We would be entitled to close your Account and/or could require a different method of payments, in the light of crimes attempted/committed such as fraud, an attempt at deception or in the case where a reasonable suspicion of any other illegal activities in relation with a gift/promotional voucher purchase or redemption of that voucher on the website is raised.
8.6 The theft, loss or illegibility of any gift/promotional voucher is not our responsibility and we assume no liability.
8.7 The conditions in order for you to redeem your voucher are as follows:
a) From time to time we may issue promotional vouchers which you shall receive via email and may redeem online only on our website. This is done at our discretion.
b) Only for a limited time are these promotional vouchers valid and can only be redeemed in respect of regular priced products and cannot be used in coexistence with any other promotional coupons, from coupon promotions certain products may be excluded.
c) The promotional voucher may only be used for sales exclusive on the website.
d) No refund shall be given back to you if an order placed for an item holds less value than that of the promotional voucher.
e) A promotional voucher’s credits does not ensue interest nor does it hold monetary value.
f) If a promotional voucher’s credits are not enough to place the order you desire then the difference can be made up through a payment by you.
g) Only Bunty’s credit and gift vouchers are applicable to our website.
8.8 The conditions in order for you to redeem your gift vouchers are as follows:
a) Gift vouchers that are sent to you through email may be used to buy an online gift either for yourself or for someone else, furthermore, you can buy yourself or someone else a gift voucher as well.
b) Take note that you cannot use an existing gift voucher to buy a further gift voucher as gift vouchers can only be bought via a cheque or credit card.
c) A gift voucher’s credits does not ensue interest nor does it hold monetary value.
d) Once a gift voucher is bought it becomes non-refundable.
e) If a gift voucher’s credits are not enough to place the order you desire then the difference can be made up through a payment by you.
9. Liability Limitations
9.1 Above all other sections, Section 9 is prevalent and forms not only our entire Liability but also your only and exclusive solutions, for:
a) A execution , non-execution, submission, defiance , false agreement and/or delayed execution with regards to any of these Terms and Conditions, an agreement or the website (or any part of Terms and Conditions, the agreement or website); or
b) with regards these Terms and Conditions or the involvement or execution of these Terms and Conditions.
9.2 At all times, every possible effort will be made to ensure that all the information provided on the website or in any communications received from Bunty is precise and error-free, however, in spite of our best effort to make sure that the most correct information is issued if any information which is incorrect is issued by Bunty (i.e. incorrect Product description or price) then we are not to be held liable for any kind of loss or damage experienced by you as a result of the incorrect information.
10. Security
10.1 If Bunty incurs any damage or loss due to any person attempting to or delivering any harmful code to this website or if anyone tries to gain unofficial access to any page on this website then that person will not only be prosecuted but civil damages will also claimed.
You accept and guarantee that your log-in name and password will:
a) only be used for your personal use; and
b) to no third party will this information be disclosed to.
We are entitled to but are under no obligation to oversee activities and content which are associated with this website. Although an investigation could be conducted in the case where a misuse of these conditions has been reported and action against the perpetrator as deemed suitable to us will be taken these actions may include but are not limited to: suspension, an attachment of conditions to your accessibility or a termination of your account and/or a publishing of warnings.
10.2 Cookie Tracking
The Site 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 you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.
11. Warranty and complaints management
11.1 Under these Terms and Conditions, we undertake to fulfil our obligations with the reasonable abilities and caution.
11.2 Customer satisfaction is of great importance to us, thus you enjoy the liberation of contacting us at any time using the details given in the introduction of these Terms and Conditions. We will try our very best to resolve any concerns that you may have as soon as possible and contact will be made to you on receipt of any relevant enquiry or complaint. . In warranty cases, the producer should frequently be involved, and due to that such cases may take longer to resolve rather than an enquiry or complaint.
11.3 In the case of a complaint it will be helpful if you could describe the object of your complaint as precisely as possible and, send us a copy of the order if that’s not possible then atleast send an order number assigned in the Acknowledgement or Confirmation of Order. Should within 03 Business Days no response from us has been received by you then please make further enquiries as, in an unusual case it could be possible that your emails are be caught up in our spam filters or have not reached us, or it may be possible that any correspondence sent from us has not reached you.
12. Situations beyond our control (Event of Force Majeure)
12.1 Bunty will not be indebted to compensate any losses suffered by you due to any breach, obstacle or delay in the completion of the contract caused by circumstances beyond our control, including natural disasters and unavoidable accidents, actions of third parties (i.e. hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), violent uprising, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility services (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation (“Event of Force Majeure”), this regardless of whether the situations in question were foreseeable or were unforeseeable.
12.2 A contract may be ended either by you or Bunty by the means of a written notice in which the wish to terminate the contract is expressed this can be done if the event Force Majeure lasts for a period of 07 business days or more in this situation then neither you nor Bunty will be liable to each other (besides for the refund of an item already paid for by you and has not been delivered).
12.3 If we have agreed to supply similar looking items to more than one Customer and are prevented due to an Event of Force Majeure, from meeting our obligations then the decision as to which contracts should be completed and to what extent they should be completed is in our discretion.
13. Notices
13.1 Any notice under a Contract must be given in a written form which may be discharged by means of: personal delivery, by pre-paid registered letter or via an email which is addressed to the party concerned at the latest address or email address of the party concerned known to the other or as stated in clause 17 of these Terms and Conditions.
13.2 If the recipient’s postal address is in South Africa then any notification posted shall be considered to have been served within 07 working days. Any communication received via email shall be considered served the moment the email has been proved to be received by the recipient’s server this can be confirmed by the delivery report received. Provision of such a proof is considered sufficient conformation that the letter or email was correctly addressed.
14. Governing Law and Jurisdiction and Disputes
The operation of the website: www.bunty.co.za is completely governed according to South African law which means that the South African courts will have exclusive jurisdiction in settling disputes involving Bunty and/other another party, however, take note that should Bunty institute legal proceedings against a customer then that customer consents to the dispute/matter being resolved in a court which is under the jurisdiction of Johannesburg ,Gauteng Republic of South Africa.
15. Address for Notice
Under these Terms and Conditions for all purposes, whether in respect of court proceedings, notices, or other documents or communication of whatsoever nature, the following address:
Goldee Trading 346 CC T/A Bunty
Unit 19, Amalgam Industrial Estates,
24, Bessemer Street, Amalgam,
2092, Johannesburg,
Gauteng, Rep of South Africa
is chosen by Bunty.
16. Advertising on the Site
We shall make every possible attempt to ensure that all the relevant regulations relating to the website are adhered to, issued by the Advertising Standards Authority. All photography is for illustrative purposes only and exact designs are not necessarily stocked, however, ownership of all advertising materials, logos, trademarks and all registered names shall at all times remain vested in Bunty. The use of any of these devices by the customer is subject to the prior written approval of Bunty.
17. General
17.1 These Terms and Conditions come into effect from the date on which they are issued on the website and will continue indefinitely as long as this website exists and is functional. These terms and conditions will be in effect despite amendments being made to them time to time by Bunty. The right to terminate these Terms and Conditions and/or close this website at any time (orders that have been placed and placed and that have been accepted by Bunty will be dispatched despite the closing of the website) is solely held by Bunty. For future reference it is advised that you keep printouts of these Terms and Conditions, your Order, the Acknowledgement and the Confirmation of Order.
17.2 Should the implementation of any rights stated under these Terms and Conditions and/or contract be delayed by either you or by Bunty then take note that delay will not falter or effect the rights or solutions given under these Terms and Conditions or contract.
17.3 If any clause in these Terms and Conditions or a Contract is declared to be invalid by a competent court then that invalid clause has no effect on the validity of all the other clauses. All other clauses are still enforceable and should be adhered to.
17.4 You are not allowed to create your own contract or make use of these Terms and Conditions or contract for the purposes of forming your own contract of any sort with a third party.
17.5 No partnership, organization or an employer/employee relationship between you and us should be created nor should such a creation be assumed in respect of these Terms and Conditions or a Contract shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
17.6 If a person is not a participant to these Terms and Conditions or a contract then that specific person is not entitled to receive any rights nor is that person entitled to enjoy any benefits resulting from these terms, irrespective of the fact whether the person had depended on any such term or had made an indication of this by his/her approval to any such term to anyone who is participant to these Terms and Conditions or a contract.
17.7 For every sale and transaction occurred between you and Bunty a full account of those sales and transactions will be kept on the website succeeding the date of such a sale or related transaction for a period of 360 days/ 12 months. This means that after this period has lapsed you will be unable to view and/or print this information. In addition once this period has lapsed then it becomes your responsibility of maintaining your own record of the relevant sale or related transaction.
17.8 These Terms and Conditions in addition to any copyright that exists on the website shall remain vested in Bunty at all times.
17.9 When you visit the our webpage or communicate via e-mails to us, you consent to receiving communications from Bunty electronically and agree that all agreements, notices, disclosures and other communications sent by Bunty satisfy any legal requirements, including but not limited to the requirement that such communications should be in writing.
17.10 If any of these terms and conditions are found to in conflict with the provisions of the Electronic Communications and Transactions Act no. 25 of 2002, as amended by the Consumer Protection Act of 2008. Then those terms and conditions will be considered amended so that they comply with the necessary provisions stated in the Act.
18. General amendments to Business Terms and Conditions
The right to make any amendments to these Terms and Conditions at any time is reserved with Bunty. If any amendments are made to these Terms and Conditions then those changes will be announced on the website but it remains your responsibility to ensure that you are content and are updated with the amendments. You should abstain from placing further orders and from using our website if you are not pleased by the changes made, as a continued use of our site would indicate/imply your approval of the amended Terms and Conditions.
19. Disclaimer
Save for Bunty being liable to you
a) under the Consumer Protection Act 68 of 2008 regarding any products sold by Bunty to you through the website; and
b) under sections 43(5) and 43(6) of the Electronic Communications and Transactions Act in regards to Bunty payment systems not being secure enough;
Neither Bunty nor any of its employees can be held liable for any damage, loss or liability of any kind caused by the incapability of using this website, its services or content provided by this website. Furthermore, no representations or guarantees, implied by Bunty an example of such a representation and/guarantee, amongst others, would be that the substance available on this website is free from any errors or another example would be that the service will be 100% uninterrupted and error free. You are encouraged to report any possible malfunctions and errors to info@bunty.co.za.
Although all items sold through this website could be under guarantee, the website has not been created to meet your personal requirements because this site has been out together on the “as is” basis. You undertake sole responsibility to satisfy yourself prior to accepting these Terms and Conditions that the service available via Bunty will satisfy your individual requirements and will be compatible with your hardware and/or software. Any , ideas, opinions and information shared on Bunty should not be treated under any circumstances as the official view or professional advice of Bunty but its encouraged that you consult professional advice before taking any decision regarding the information, ideas or opinions stated on this website.
20. Restrictions
In order to enter into a contract with Bunty it is imperative that your age should be 18 or above and that you must be of a sound mind.