TERMS AND CONDITIONS

INTRODUCTION

Welcome to the Bella Bok (Pty) Ltd website, trading as Benna Bok (Pty) Ltd (hereafter referred to as ” Benna Bok”) at www.bennabok.co.za (hereinafter referred to as the “website”). Please take a moment to read these Terms and Conditions to understand how they apply to your use of the website and any products or services that you may order online. Your continued use of the website will constitute acceptance of the Terms and Conditions, unmodified by you.

DEFECTS | RETURNS | REFUNDS

Should you not be satisfied with your product purchased by from us by reason of a defect, incorrect choice of product or otherwise, you may, under certain circumstances, be entitled to either be refunded or have the product repaired or replaced. As a valued customer, we shall at all times endeavour to provide you with the best customer service. Please do not use this website if you do not agree with these Terms and Conditions.

DELIVERY FEES

Benna Bok delivers free of charge throughout South Africa. Should a client return an order within 7 days of it being dispatched with the intention of having said order repaired, replaced and/or refunded, the client will be liable to cover the courier fees to have the order returned to Benna Bok.

CANCELLATION FEE

When an order is booked, Benna Bok allocates said order for the intended client. In accordance with the National Consumer Protection Act, Benna Bok reserves the right to charge a cancellation fee on cancelled orders. Benna Bok will charge a 50% cancellation fee in the event that a client terminates an order prior to the dispatch thereof and/or returns an order within 7 days from the date it has been received by the intended client. The 50% cancellation fee will apply when a client returns an order to Benna Bok with the intention of receiving a refund. Benna Bok will replace and/or repair an order free of charge as long as it has been returned by the client within 7 days. Should a client return an order within 7 days of it being dispatched with the intention of having said order repaired, replaced and/or refunded, the client will be liable to cover the courier fees to have the order returned to Benna Bok. A cooling-off period of 21 working days will apply in the event that a client terminates an order prior to the dispatch thereof and/or returns an order within 7 days from the date it has been received by the intended client. All refunds will only be processed via EFT.

AGE RESTRICTION ON SALES

No transaction concluded between Benna Bok and a person under the age of 18 shall be binding upon Benna Bok unless written consent thereto is received by Benna Bok from your parent or legal guardian. Benna Bok therefore reserves its right to request proof of identity prior to concluding any transaction with you. By your continued use of this website, you warrant that you are 18 years old or older. Please do not use this website if you do not agree with these Terms and Conditions.

SALES RECORDS

Full sales records regarding the transactions between you and Benna Bok shall be maintained on the website for a period of 12 months from the date of conclusion of the sale. You shall thus only be able to view and print such record during such period, where after you shall be responsible for retaining your own record of the relevant sale.

GOVERNING LAW AND JURISDICTION

This website is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and, subject to the ‘Disputes’ clause of these Terms and Conditions, you and Benna Bok submit to the non-exclusive jurisdiction of the South African courts.

PRIVACY

Benna Bok shall take all reasonable steps to protect your personal information. 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). For more information, visit www.justice.gov.za/paia.

You hereby grant Benna Bok permission to electronically collect, store and use your personal information provided by you to Benna Bok and for Benna Bok to utilise cookies to collect such information, so that it may be is collected, stored and used for the following purposes:

• subject to your consent, to inform you of facts relating to your access and use of the website;
• subject to your consent, to inform you about competitions and special offers from Benna Bok;
• to compile non-personal statistical information about browsing habits, click-patterns and access to the website;
• to verify your identity when transacting on the website and
• to ensure that the goods are received by the addressee.

Benna Bok shall not disclose your personal information unless:

• you consent thereto or
• through due legal process.

Benna Bok may compile, use and share any information that does not relate to any specific individual and Benna Bok owns and retains all rights to non-personal statistical information collected and compiled by Benna Bok. Please do not use this website if you do not agree with these Terms and Conditions.

SECURITY

Any person that delivers or attempts to deliver any damaging code to this website or attempts to gain unauthorised access to any page on this website shall be prosecuted, and civil damages shall be claimed in the event that Benna Bok suffers any damage or loss.

You agree and warrant that your log-in name and password shall:

• be used for your personal use only and
• not be disclosed to any third party.

You allow Benna Bok to take all reasonable steps to ensure the integrity and security of the website and back-office applications.

CHANGES TO AGREEMENT

Benna Bok may, in its sole discretion, change these Terms and Conditions or any part thereof at any time without prior notice to you.

You bear the sole responsibility to ensure that you are satisfied with the amendments. Should you not be satisfied with the amendments, you must refrain from placing any further orders on the website or from further use of the website in any way.

DISPUTE RESOLUTION

Should a dispute arise between you and Benna Bok on any matter arising out of these Terms and Conditions, and the matter is not resolved by Benna Bok within 1 (one) calendar month to your satisfaction, then you are at liberty to submit your complaint to the National Consumer Commission (the “NCC”).

TERM OF THESE TERMS AND CONDITIONS

These Terms and Conditions shall commence from the date on which they are published on the website and continue indefinitely, as amended by Benna Bok from time to time, for so long as the website exists and is operational. Benna Bok is entitled to terminate these Terms and Conditions and/or shut down the website at any time.

COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS

These Terms and Conditions shall commence from the date on which they are published on the website and continue indefinitely, as amended by Benna Bok from time to time, for so long as the website exists and is operational. Benna Bok is entitled to terminate these Terms and Conditions and/or shut down the website at any time.

ELECTRONIC COMMUNICATIONS

When you visit the website or send emails to Benna Bok, you consent to receiving communications from Benna Bok electronically and agree that all agreements, notices, disclosures and other communications sent by Benna Bok satisfy any legal requirements, including but not limited to the requirement that such communications should be “in writing”.

PAYMENT OPTIONS

All pricing displayed on the website is in South African Rands Only and is subject to price changes and may change without any warnings or notifications. Stock availability of all goods on offer are limited. Benna Bok shall take all reasonable efforts to ensure that when stock is no longer available, that offers thereof are discontinued. However, should Benna Bok be unable to fulfill any order placed by you at the advertised price due to stock having sold out, Benna Bok will notify you and you will be entitled to a refund of the amount paid by you for such product, as explained in more detail in the Refund Policy (“Refund Policy”). Should a product become sold out, we will have the right to cancel your order and refund you your payment. We cannot supply products that have been marked as “sold out”.

Please note that although Benne Bok endeavours to accurately describe and/or depict each product on the website, some descriptions or photographs may be of a generic nature and not specific to the particular product you wish to buy. However, should you be dissatisfied with the product you receive for any reason, you are entitled to return the product to Benna Bok for a full refund within 7 days of delivery. In line with the CPA, a handling fee of up to 15% of the value of the product may be charged when the product is not returned in its original purchase condition. Please do not use this website if you do not agree with these Terms and Conditions. Please see our Refund Policy in this regard which explains how and when you can be refunded, as well as how returns are to be made.

Placing a product in a shopping basket without completing the purchase cycle does not constitute:

• an agreement of sale and/or
• an order for such product, and as such, Benna Bok may remove such product from the shopping basket if stock becomes unavailable and you cannot hold Benna Bok liable if such product is not available when the purchase cycle is completed at a later stage.

An agreement of sale only comes into effect if and when:

• you electronically submit a completed order for one or more products in your shopping basket and
• payment is either authorised or received by Benna Bok in its bank account.

Benna Bok reserves the right, for purposes of preventing suspected fraud, to refuse to accept or process payment on any order, and/or to cancel any sale concluded between you and Benna Bok, in whole or in part, on notice to you. Benna Bok shall only be liable to refund monies already paid by you (see Benna Bok’s Refund Policy in this regard) and accepts no other liability which may arise as a result of such refusal to process any order/sale.

Save for certain exceptions, and subject to certain charges, you are entitled to cancel any sale concluded on this website within 7 days after date of receipt of the goods and to obtain a refund. In line with the CPA, a handling fee of up to 15% of the value of the product may be charged when the product is not returned in its original purchase condition. Please do not use this website if you do not agree with these Terms and Conditions. Please read the Refund Policy for further details in this regard.

The price of each product is displayed with the product listing. In the event of a sale or special offer, the discounted price is displayed.

Subject to the exceptions listed below, your payment for any products ordered from Benna Bok must be made to Benna Bok’s bank account. Should you select to pay via an ATM deposit, cashless deposit or Electronic Fund Transfer, on completion of your order an instruction will be emailed to you regarding the acceptable methods in which monies must be deposited into Benna Bok’s bank account which is subject to the following Terms and conditions:

• the full amount must be paid as per your order request within 24 hours of placing your order;
• your order will be cancelled should you fail to deposit and/or transfer the funds within 24 hours of placing your order;
• your order number must be used in the reference section of proof of payment, failure to include the order number as a reference may result in delaying the fulfillment of your order;
• please email a copy of your proof of payment to sales@bennabok.co.za;
• your delivery time frame is dependent and will commence on the time and date of the funds reflecting in Benna Bok’s bank account and;
• depending on the bank, some payments may take up to three business days to reflect in our account. In such circumstances there will be a delay in having your order shipped.

Benna Bok delivers within the borders of South Africa only.

The Delivery option only commences once the order has been verified and settled.

An order will only be settled once payment has been received and verified.

Deliveries are door to door and must be a physical address within the borders of South Africa and not a post box. We do not deliver to any postal addresses, meaning, we do not deliver to a post box or to any post offices. Please ensure all delivery details including the postal code are accurate, as you will be liable for all additional handling and shipping charges as a result of such errors. Please do not use this website if you do not agree with these Terms and Conditions.

Deliveries are done between 09:00 and 17:00 on weekdays and not on weekends or public holidays.

All deliveries are done by The Courier Guy Worldwide Express.

ID may be requested upon delivery.

Benna Bok delivers throughout South Africa after a period of 5 to 120 working days, Monday to Friday, excludes weekends and public holidays, however, Benna Bok’s manufacturing lead time may be extended in the event of a high increase in sales. Benna Bok will inform you via email in case this happens. Delivery is available throughout South Africa after a period of 5 to 120 working days, Monday to Friday, excludes weekends and public holidays, however, Benna Bok’s manufacturing lead time may be extended in the event of a high increase in sales. Benna Bok will inform you via email in case this happens.

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