Black Chip Computer Services CC – Terms & Conditions
1. Definitions and interpretation
1.1. In this agreement, unless the context otherwise indicates:
1.1.1. the singular shall include the plural and vice versa;
1.1.2. words indicating one gender shall import and include the other genders;
1.1.3. the headings to this agreement are used for the sake of convenience and shall not govern the interpretation hereof.
1.2. “The Company” shall mean BC Computer Services CC.
1.3. “The Customer” shall mean the person or entity who logged into theBC Computer Services CC online shop website using the relevant user name and password, or any person or entity who can reasonably be associated with the relevant user name and password on the MyBaby online shop website, or any person or entity who receives, or expects to receive, any goods or services from the Company, or any persons or entities residing at the physical address or e-mail address implied during the course of any correspondence with the Company.
1.4. “The Company Systems” shall mean all processes or means (regardless of whether they are electronically automated, manually enabled or provided by any third parties), that are used by the Company to capture information, provide information to the Customer or third parties, deliver goods, process payments, keep records, or ensure continuity of the services or products offered by the Company.
1.5. “The Website” shall mean the Internet website accessible using the Internet URL: http://www.bccsonline.co.za/wp
1.6. “The Supplier” shall mean any third party entity or organisation whose goods or services are offered by the Company for sale to the Customer.
1.7. “The Goods” shall mean any and all products and/or services provided by, or offered by the Company to the Customer during the course of this agreement.
1.8. “The Delivery Address” shall mean information supplied by the Customer that is used by the Company to describe the physical location where the Goods should be delivered to in fulfilment of this agreement.
2.1. An agreement of sale shall not come into effect until a credit card authorisation is received from the issuing bank.
2.2. Subject to the provisions hereof, the Company shall deliver the Goods, in a new and unused state, to the Delivery Address, for the consideration amount, which shall be payable in advance by the Customer. The Goods shall be as specified by a valid order generated by the Company System.
2.3. The placement of an item in a shopping basket without completing the cycle shall not:
2.3.1. constitute an agreement of sale between the Company and the Company shall not be liable in respect of items that are not available when the order is completed;
2.3.2. constitute an order for such item; and the Company may remove such item from the shopping basket if no stock is available.
2.4. The Customer further agrees to provide to the Company, on request, all information required for it to meet its obligations in terms of this agreement, including but not limited to, the Customers true identity, physical, delivery and email addresses, contact phone numbers, and if necessary bank account information.
3. STOCK AVAILABILITY
3.1. Stocks of all Goods are limited and the Company shall take all reasonable steps to discontinue to offer those Goods in respect of which stock is no longer available. However, should items still be offered after stocks are sold, the Company shall only be liable to refund monies where it is unable to fulfil orders and advertised prices.
4. ELECTRONIC COMMUNICATIONS
4.1. When a user visits the Website or communicates with The Company electronically, that user consents to receiving communications from The Company electronically and agrees that all agreements, notices, disclosures and other communications sent by The Company satisfy any legal requirements, including but not limited, to the requirement that such communications should be “in writing”.
5.1. Hyperlinks provided on this Website to third party Websites are provided as is and The Company does not necessarily agree with, edit or sponsor the content on such web pages. Customers are referred to the relevant terms and conditions, and privacy conditions applicable to such Websites.
6.1. The Company shall take all reasonable steps to ensure that correct prices are maintained on the Website. In the event that errors occur and Goods are offered at incorrect prices, the Company shall not be obliged to sell the Goods at such incorrect prices and shall only be liable to refund monies paid
7. VALUE-ADDED TAX
7.1 Value-added tax at the rate of 14% is charged on goods bought by South African residents. Unless otherwise indicated, the prices displayed with each product include value-added tax.
8.1. Delivery occurs when the Company’s appointed courier hands the goods to the Customer, or any persons claiming to represent the Customer, at the specified Delivery address. The Delivery Note, generated by the Company’s appointed courier service will serve as sufficient documentary evidence of such delivery. All risks pass to the Customer on delivery.
8.2. The Company shall be entitled to assume that any persons claiming to represent the Customer at the specified delivery address is duly authorised to receive the Goods. The Company or its appointed courier service shall not be liable for any loss or liability whatsoever incurred in this regard.
8.3. If no notification to the contrary is received from the Customer within 5 (five) working days after the Delivery Note date, or the quoted delivery date to the Customer in the absence of a Delivery Note, the Customer is deemed to have accepted the goods delivered as conforming in all respects to that ordered.
8.4. The Company assumes that the Delivery Address has been correctly specified by the Customer and shall not be liable for incomplete, inaccurate, out of date or any other discrepancies relating to information provided by the Customer, particularly with regard to Delivery addresses, Customer contact information or any other information required by the Company from the Customer in order to fulfil any orders placed on the Company by the Customer. The Customer hereby acknowledges that it is solely responsible for provision and on-going accuracy of all such information required during any transactions undertaken with the Company.
8.5. If, for any reason, the Company is unable to effect delivery at the first attempt, the Company will attempt to contact the Customer using the contact information supplied and shall use its best endeavours to make one additional attempt at delivery. If this attempt also fails, for any reason, the Company shall cancel the order and repay any money paid by the Customer for that order.
9.1. All amounts payable in terms of this agreement shall be payable in advance. No goods will be delivered until payment has been received in full.
9.2. All payments shall be via MasterCard or VISA credit card.
9.3. Notwithstanding 9.1 above, in the event that any goods delivered are not paid for, or if payment for such delivered goods has subsequently been reversed for any reason whatsoever, those goods remain the sole property of the Company and will be returned to the Company immediately on demand, in an unused condition, with all original packaging and documentation. Any damages to the goods requiring repair, or costs attributable to the used condition of the goods, or lack of, or damage to packaging, or the cost of transporting or seizing those goods will be payable by the Customer on demand.
9.4. The Company reserves the right at any time during the delivery process, up until the goods are physically delivered to the Customer, to cancel the Customer’s order, for any reason whatsoever. In the event that the Customer’s payment has been processed before the order was cancelled, the Company shall ensure that the all amounts paid by the Customer for that cancelled order are re-paid in full, no later than 10 working days after the Customer receives the notification of cancellation of the order. The Company undertakes, where possible, not to process the payment of any orders cancelled, and/or, in any event, to re-pay in full, any orders cancelled that have been processed.
9.5. All legal costs as between attorney and own client incurred by the Company in enforcing or defending any of its rights in terms of this agreement shall be payable by the Customer, whether incurred by the Company prior to or during institution of legal proceedings or if judgment has been granted in connection with the satisfaction of such judgment, and shall be payable on demand.
10.1. The Company does not offer any warranty whatsoever on any Goods sold. All goods are provided with the Supplier or manufacturer’s warranty only, if applicable. In the event that the Customer believes that the goods may be defective and qualify for a claim against the Supplier or manufacturer’s warranty as the case may be, the Customer shall deal directly with the particular Supplier that supplied the Goods.
10.2. Guarantees are immediately null and void if equipment has been tampered with, warranty stickers have been removed, and seals on equipment have been broken by anyone other than the suppliers or manufacturer’s representative.
11. GOODS LOST OR DAMAGED IN TRANSIT
11.1. If the Customer believes that goods were either lost or damaged in transit, it must notify the Company no later than five working days of the goods being received or being perceived overdue.
11.2. In the case of damaged goods, the unused goods must be returned to the Company as soon as possible with all associated packaging and documentation, the reasonable costs of which will be born by the Company, provided the Customer’s claim is valid. The Company reserves the right, at its sole discretion, to reject such goods returned, if it is reasonable to believe they were not in fact damaged in transport.
11.3. In the event of such loss or damage, the Company undertakes to either refund to the Customer the payments received, or re-supply the goods, as originally ordered, at its sole discretion
12. DISCLAIMER FOR LIABILITY
12.1. Save for the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, neither The Company 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 the Website or the services or content provided from and through it. In addition, The Company makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from the Website are free from errors or omissions or that the service will be completely uninterrupted and error free. 1
2.2. The Customer shall have no claim against the Company and the Customer hereby indemnifies and holds the Company harmless and free from liability in respect of any loss, damage or cost caused by or arising from:
12.2.1. any fact or circumstances beyond the reasonable control of the Company; specifically including, but not limited to, acts of God or Force Majeure or
12.2.2. any downtime, outage, interruption in or nonavailability of any of the services of the Company Systems and infrastructure;
12.2.3. any infringement of the Customer’s rights of privacy, constitutional and/or any other like rights (including those of any other person or entity), arising from the supply of goods provided in terms of this agreement;
12.2.4. any breach of security by any third party or any breach of confidentiality by a third party or otherwise arising from any access howsoever obtained by a third party to the Customer’s information, data or content;
12.2.5. the damage, contamination or corruption of any kind of the Customer’s data, material, information and/or content howsoever occasioned;
12.2.6. without limiting the foregoing, any fact, cause or circumstances whatsoever and howsoever arising if the Company has substantially performed its obligations under this agreement.
12.2.7. any product specifications or images that may have subsequently changed, or have been erroneously represented by the Company in any way;
12.2.8. the Customer following the advice offered by the Company with regard to the suitability of any product for any purpose. Such advice is offered as a guide only, and the Company does not warrant that any product sold is fit for any purpose whatsoever.
12.2.9. the Customer’s use or inability to use any product sold on this Website.
12.3. Notwithstanding anything to the contrary contained in this agreement or in any addendum or annexure to this agreement, the Customer shall have no claim against the Company and the Customer hereby indemnifies and holds the Company harmless and free from liability in respect of any loss, damage or cost which is indirect, consequential or incidental in nature.
12.4. The Company reserves the right to take whatever action it deems necessary at any time to preserve the security and reliable operation of the Company Systems and the Customer undertakes that it will not do or permit anything to be done which will compromise the security of the Company Systems.
12.5. On no account will the full extent of the Company’s liability to the Customer, in the event of lost or damaged goods, exceed the original order amount for those goods.
13. INTELLECTUAL PROPERTY
13.1. All the content, trademarks and data of this Website, including but not limited to, software, databases, icons, hyper links, private information, designs and agreements are the property of or licensed to The Company.
13.2. The Customer shall not be entitled to use any of the images, content, trademarks, logos, brand names, domain names or other marks of the Company or any of its associates, or any of the product Suppliers, without the prior written approval of the Company or the Suppliers respectively.
14. CESSION, DELEGATION OR ASSIGNMENT
14.1. The Company shall be entitled to cede, assign, transfer or delegate all or any of its rights or obligations under this agreement to an affiliate of the Company or to any third party.
15.1. The parties choose domicilium citandi et executandi (“domicilium”) for the purposes of giving any notice, the payment of any sum, the service of any process and for any other purpose arising from the agreement at the addresses specified, in the case of the Customer, the physical address given by the Customer’s registration information, in the case of the Company, by the physical address given in the “Contact Us” page of the Website.
15.2. Any notice required or permitted to be given in terms of this agreement shall be valid and effective only if in writing.
15.3. Any notice given and any payment made by one party to the other (“the addressee”) which: –
15.3.1. is delivered by hand during the normal business hours of the addressee at the addressee’s domicilium for the time being shall be presumed, until the contrary is proved, to have been received by the addressee at the time of delivery;
15.3.2. is posted by prepaid registered post from an address within South Africa to the addressee at the addressee’s domicilium for the time being, shall be presumed, until the contrary is proved, to have been received by the addressee on the 7th (seventh) day after the date of posting;
15.3.3. is transmitted by fax or e-mail shall be deemed (in the absence of proof to the contrary) to have been received the day after transmission, provided that where it is transmitted outside of normal business hours, it shall be deemed to have been received by the close of business on the next business day.
16.1. Any person that delivers or attempts to deliver any damaging code to the Website or attempts to gain unauthorized access to the Website shall be prosecuted and civil damages shall be claimed in the event that the Company suffers any damage or loss.
16.2. The Customer agrees and warrants that its user name and password shall:
16.2.1. be used for personal use only; and
16.2.2. not be disclosed to any third party.
16.3. The Customer allows the Company to take all reasonable steps to ensure the integrity and security of the Website and back-office applications.
17. CHANGES TO AGREEMENT
17.1. The Company may, in its sole discretion, change this agreement or any part thereof at any time without notice.
18.1. Any dispute of any nature whatsoever arising between the parties on any matter relating to the enforcement or defending of provisions of this agreement that is not resolved through the normal complaints resolution process shall be referred to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. Arbitration proceedings shall be conducted in Centurion.
19. APPLICABLE LAW
19.1. This agreement shall be interpreted according to the applicable laws of the Republic of South Africa, regardless of the place of execution.
19.2. All Internet or electronic transactions are deemed to have taken place in Centurion, South Africa , at the time implied by the Company System records.
20.1. This document constitutes the sole record of the agreement between the parties and no addition, variation or agreed cancellation of this agreement shall be of any force or effect unless in writing and signed by or on behalf of the parties. If there is any provision in any addendum which conflicts with any provision in the standard terms and conditions of sale, the latter shall prevail.
20.2. No party shall be bound by any express or implied term, representation, warranty or the like which is not recorded in this agreement.
20.3. No extension of time or indulgence which one party (the grantor) may grant to the other (the grantee) shall constitute a waiver of any of the rights of the grantor who shall not be precluded from exercising any past or future rights against the grantee.
Black Chip Computer Services – Terms and Conditions Of Sale
1. LEGALLY BINDING AGREEMENT
BY PLACING AN ORDER FOR GOODS AND/OR SERVICES ON THIS WEBSITE, THE USER AGREES TO BE BOUND UNCONDITIONALLY BY THESE TERMS AND CONDITIONS OF SALE.
ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SALE BY THE USER CONSTITUTES A BINDING LEGAL AGREEMENT BETWEEN BC COMPUTER SERVICES CC TRADING AS BCCS (‘’BCCS’’) AND THE USER.
THE AGREEMENT BETWEEN THE USER AND MYBABY ONLINE IS CONSTITUTED BY THESE TERMS AND CONDITIONS OF SALE, READ TOGETHER WITH THE WEBSITE TERMS AND CONDITIONS AND THE PRIVACY NOTICE PUBLISHED ON THIS WEBSITE.
2. PRELIMINARY NOTICES IN TERMS OF THE CONSUMER PROTECTION ACT, 2008
2.1. IN TERMS OF SECTION 22(1) OF THE CONSUMER PROTECTION ACT, 2008, THESE TERMS AND CONDITIONS OF SALE HAVE BEEN DRAFTED AND DISPLAYED IN PLAIN LANGUAGE.
2.2. IF YOU DO NOT UNDERSTAND THE CONTENT, SIGNIFICANCE AND IMPORT OF ANY OF THE PROVISIONS OF THESE TERMS AND CONDITIONS OF SALE, PLEASE CONTACT BC COMPUTER SERVICES ON: INFO@BCCS.CO.ZA.
2.3. YOUR ATTENTION IS DRAWN TO CERTAIN TERMS AND CONDITIONS CONTAINED HEREIN WHICH CONSTITUTE OR HAVE THE EFFECT OF BEING: LIMITATIONS OF RISK OR LIABILITY IN FAVOUR OF MYBABY ONLINE AS THE SUPPLIER OF THE GOODS OR SERVICES OFFERED FOR SALE OR USE ON THIS WEBSITE; ASSUMPTIONS OF RISK OR LIABILITY BY YOU, THE USER; INDEMNITIES IN FAVOUR OF MYBABY ONLINE; OR AN ACKNOWLEDGEMENT OF CERTAIN FACTS BY YOU, THE USER.
2.4. SUCH TERMS AND CONDITIONS ARE HIGHLIGHTED IN CAPITAL LETTERS AND BOLD FONT.
3. No Offer
3.1. Users should regard nothing contained in this website as an offer but rather as an invitation to do business.
3.2. Unless specific arrangement is made prior to engaging with the website or placing an order, the goods and services advertised on this website are available to South African clients and delivery addresses only.
4. Description of goods and services
4.1. While BC Computer Services CC takes reasonable efforts to ensure that the description and pricing of goods advertised on this website are as accurate as possible, it does not warrant that such information is accurate, complete, and error-free. If goods ordered are not as described on this Website, the User must return the goods to BC Computer Services CC who shall refund the User for the full price paid for such goods together with the costs of returning same to BC Computer Services CC.
5.1. Prices on this website are always quoted in South African Rand (ZAR) and inclusive of Value Added Tax (VAT).
5.2. Prices published on this website will be updated from time to time and Users are required to check for any updates to prices of goods and/or services before any order is placed.
5.3. BC Computer Services CC cannot confirm the price of any goods or services until an order is placed with it. However, BC Computer Services CC will not charge a price higher than the one displayed on the website for any goods or services unless the price, as displayed, contains an inadvertent and obvious error.
5.4. BC Computer Services CC will not be bound by any errors in pricing which result from technical problems on the website or by the unlawful modification of data on the website by unauthorized persons.
5.5. BC Computer Services CC shall take reasonable steps to inform any affected Users about any pricing errors on the website as soon as they are discovered.
5.6. Where BC Computer Services CC advertises or promotes any goods or services offered at reduced prices, the price published on the website after the advert or promotion has been published or announced will be the price of the goods already reduced as advertised or promoted.
5.7. The costs of delivery and/or any other costs associated with any transaction will be displayed separately in the confirmation of the User’s order before checkout.
6. Commencement of sale agreement and review of transaction
6.1. An agreement of sale will only come into effect when the User electronically submits a properly completed order for goods or services on the website and confirmation of that order is dispatched by BC Computer Services CC to the User.
6.2. The addition of any goods or services by the User to their shopping basket and/or wishlist without completing the necessary checkout process on the website will not constitute a valid order.
6.3. Users will always be given an opportunity to review the entire transaction and to correct any mistakes or to withdraw from the transaction before finally placing any order on the website. Should a User, due to a technical error or otherwise, not be afforded the opportunity to review any transaction, the User may cancel the transaction within 14 days of receiving the goods or in the case of services, within 14 days of the agreement being concluded. If a transaction is cancelled as aforesaid, the User shall return the goods or stop using the services and BC Computer Services CC shall refund all payments made by the User.
6.4. An order received via the website will only be processed by BC Computer Services CC once payment has been authorised or received, as the case may be.
7.1. Payment for purchases made via the website can be made by credit card or electronic fund transfer (EFT) into BC Computer Services CC’s designated bank account, details of which are sent to the user when this payment option is selected.
7.2. In compliance with section 43(5) of the ECT Act, BC Computer Services CC uses the services of PAYU to process credit card and electronic funds transfer payments. For more information on PayU, please visit https://www.payu.co.za.
7.3. BC Computer Services CC does not process or store User’s credit card details.
7.4. Where payment is made via EFT, confirmation of payment must be received by BC Computer Services CC within 5 days from the date that an order is confirmed. No orders will be processed until confirmation of payment has been received.
7.5. BC Computer Services CC reserves the right to request further information from a User in order to verify any order placed or for the processing of any payment due.
8. User’s cooling-off rights in terms of section 44 of the ECT Act
8.1. A User will be entitled to cancel, without reason and without penalty, any transaction for the supply of goods within 7 days after the date of the receipt of the goods; or of services within 7 days after the date of the conclusion of the agreement.
8.2. The only charge that may be levied on the User is the direct cost of returning the goods.
8.3. If payment for the goods or services has already been made by the User, they shall be entitled to a full refund of such payment within 30 days of the date of cancellation.
8.4. A User will not be entitled to cancel a transaction in terms of clause 8.1 when the transaction is for: foodstuffs, beverages or other goods intended for everyday consumption by the User; audio or video recordings or computer software which has been unsealed by the User; newspapers, periodicals, magazines and books; accommodation, transport, catering or leisure services booked for a specific date or which need to be used within a specific period; or any goods made to the User’s specifications, or which are clearly personalised, or which by reason of their nature cannot be returned, or which are likely to deteriorate or expire rapidly.
9.1. BC Computer Services CC shall take all reasonable efforts to ensure that goods or services ordered by Users are delivered within a reasonable time and in good order. However, as BC Computer Services CC is reliant on third parties to deliver goods and services ordered on the website to Users, it cannot guarantee delivery times.
9.2. Delivery time estimates are calculated from the date and time when the goods leave the BC Computer Services CC warehouse, which is usually within 24 hours of an order being confirmed.
9.3. Deliveries are done on business days only. Weekend and after hours deliveries are subject to an additional surcharge and may be organised by special request only (this option is not available online, the User may phone the BC Computer Services CC customer support team to organise).
9.4. BC Computer Services CC will not be responsible for any loss or delays caused by delayed or non-delivery resulting from incorrect delivery information being given by the User during the checkout process.
9.5. Delivery charges presented during the order checkout process are final. Delivery charges provided anywhere else on the website are for estimate purposes only and are subject to change at any time without notice.
9.6. In terms of section 46(1) of the ECT Act, BC Computer Services CC must execute an order within 30 days after the date on which an order placed by a User has been confirmed, unless an alternative delivery date has been specifically pre-arranged and agreed upon between BC Computer Services CC and the User.
9.7. If BC Computer Services CC fails to execute any order within the 30 day period, or within such other period that has been specifically agreed to with the User, the User may cancel the agreement with 7 days’ written notice to BC Computer Services CC, and BC Computer Services CC shall refund all monies received from the User.
9.8.Apart from any liability that may arise in terms of clause 9.7, BC Computer Services CC shall not otherwise be liable for any direct or indirect loss of whatsoever nature sustained by any User as a result of the late or non-delivery of any item ordered which is not due to any fault on the part of BC Computer Services CC.
9.9. The following delivery options are available:
Delivery Option Price Delivery Time Estimate Additional Restrictions and Constraints
Standard Free Usually 2 – 3 Business days None
Express Subsidised Estimate Usually in the next business day but may take 2 business days. Regional deliveries may take 24 to 48 hours longer for deliveries
Lightning Subsidised Estimate Usually by 10:30am the next business day but may be at any time. Orders placed after 3:00pm or deliveries to outlying areas may experience delays
9.10. Orders not yet dispatched from the BC Computer Services CC warehouse may be cancelled by the User by phoning the BC Computer Services CC customer care line, and will be refunded without additional cost. Cancellations done after the order has been dispatched will be subject to the BC Computer Services CC Returns Policy.
10. Quality standards and safety
10.1. BC Computer Services CC shall take all reasonable efforts to ensure that goods sold on the website are:
Reasonably suitable for the purposes for which they are generally intended; of good quality, in good working order and free of any defects; useable and durable for a reasonable period of time, having regard to the use to which they would normally be put and to all the surrounding circumstances of their supply; and compliant with any applicable standards set under the Standards Act, 1993 (Act No. 29 of 1993), or any other public regulation.
10.2. Subject to clause 10.5, if any goods sold by BC Computer Services CC do not comply with any of the requirements and/or standards set out in clause 10.1, the User may, for a period of 6 (six) months after the delivery of any such goods, return the goods to BC Computer Services CC, without penalty and at BC Computer Services CC’s own risk and expense.
10.3 Upon the return of any goods by the User in terms of clause 6.8, BC Computer Services CC shall, at the direction of the User, either repair or replace the failed, unsafe or defective goods, or refund the price paid by the User for the goods.
10.4 If goods are repaired by or on behalf of BC Computer Services CC and, within (3) three months after that repair, the failure, defect or unsafe feature has not been remedied; or a further failure, defect or unsafe feature is discovered in the goods, or any component thereof, BC Computer Services CC must replace the goods or refund the price paid for the goods to the User.
10.5. BC Computer Services CC shall not be liable to the User in terms of clauses 10.2 and 10.4 if: the goods were altered by or on behalf of the User contrary to instructions given by BC Computer Services CC and/or the manufacturer of the relevant goods; the goods comply with a public regulation; the unsafe product characteristic, failure, defect or hazard did not exist in the goods at the time they were supplied to the User; the User did not comply fully with instructions given to him or her for the use or consumption of the relevant goods; it would be unreasonable to expect BC Computer Services CC to have discovered the unsafe product characteristic, failure, defect or hazard, having regard to its role in marketing such goods to Users.
10.6. Should a User wish to purchase goods for a particular purpose, the User must specifically inform BC Computer Services CC in writing of that particular purpose, or advise BC Computer Services CC in writing of the use to which the User intends to apply to goods purchased from the website. BC Computer Services CC reserves the right to refuse to sell certain goods to a User which BC Computer Services CC believes, in its sole discretion, does not meet the particular purpose for which the User wishes to purchase such goods.
10.7. Where BC Computer Services CC has expressly informed Users that particular goods advertised on the website for sale are in a specific condition and a User has agreed to purchase the goods in that condition, or the User has knowingly acted in a manner consistent with accepting the goods in that condition, then BC Computer Services CC will not be held liable for any defects or shortcomings in such goods which are normally associated with the specific condition that the goods were sold in.
10.8. Any complaints regarding the standard and quality of the product or products bought by consumers through the website should be directed to BC Computer Services CC at email@example.com
11. Limited or no stock
11.1. If BC Computer Services CC is unable to perform in terms of the agreement on the grounds that the goods or services ordered are no longer available, BC Computer Services CC shall immediately notify the User via email of this fact and/or shall publish such notice on the website.
11.2. Any payments already made by the User for goods that are no longer in stock or that cannot be delivered by BC Computer Services CC will be refunded to the User within 30 days after the date of such notification.
12. Refund Policy
12.1. Should a User be eligible for a refund in accordance with these terms and conditions, the User may elect to either: receive in store credit to the value of the original order in the form of a gift vouchers, or receive a full refund through the payment method used by the User for the original order.
12.2. In the event that the User selects to receive a refund for any order that has been cancelled, the User will receive a full refund of the purchase price within 30 days of the date of cancelling this agreement.
13. Returns Policy
13.1. The BC Computer Services CC Returns Policy is tabled below:
13.2. No goods may be returned by the User without prior approval and arrangement wit BC Computer Services CC. This can be done through the customer care team on firstname.lastname@example.org
13.3. Where goods are to be returned at the User’s own expense, the User may elect to deliver the goods either directly to the BC Computer Services CC warehouse in person or through the use of a suitable courier company. Alternatively the User may request BC Computer Services CC to collect such goods from the User at the User’s cost.
13.4. Unless otherwise agreed, all goods to be collected from the User will be collected from the address to which the goods were originally delivered. Such collections shall be made within 30 days of the order being cancelled.
14. Governing law
14.1. The law applicable to this agreement, its interpretation and any matter or litigation in connection therewith or arising therefrom will be the law of the Republic of South Africa.
15. Dispute resolution
15.1. Any dispute which may arise between any parties to this agreement shall be referred to arbitration and resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa (“AFSA”) by an arbitrator.
15.2. The arbitrator shall be agreed upon between the parties and failing such agreement, and within a period of ten (10) days after the arbitration has been demanded by the parties, any party to such dispute shall be entitled to request the chairperson for the time being of AFSA to make the appointment who, in making the appointment, shall have regard to the party’s requirement of speedy arbitration.
15.3. Nothing in this clause shall preclude a party from obtaining interim relief on an urgent basis from a Court of competent jurisdiction pending the decision of the arbitrator.
15.4. The arbitration shall be held in Pretoria at a venue agreed to between the parties in writing, and shall be conducted in English and completed as soon as practically possible.
15.5. The parties irrevocably agree that any award that may be made by the arbitrator shall be final and binding, and may be made an order of any Court to whose jurisdiction the parties are subject.
16. Amendment of these terms and conditions
16.1. BC Computer Services CC reserves the right, at any time, to amend any of the terms and conditions set out herein.
16.2. An updated version of this agreement containing any amended or new terms and conditions will be posted on the website from time to time.
16.3. Any amendment made to this agreement shall become binding and enforceable from the date of publication.
16.4. The User agrees that it is their responsibility to peruse any amended version of this agreement when accessing the website and placing any order.
16.5. If the User objects to any amendment which is binding on them or which may become binding on them, the User must stop accessing and using the website immediately and should not place any orders.
17. Termination of this agreement
17.1. In the event of a breach of any of the terms and conditions of this agreement by either party, then the other party shall have the right, without prejudice to any other rights it may have at law, including the right to claim damages: to enforce the relevant provisions of this agreement, and to claim payment of any amounts due, owing and payable immediately, or to cancel this agreement.
17.2. In the event of any breach by either party, and the other party instructs its attorneys to make demand and/or to institute legal proceedings, then in either such event, the party in breach shall be obliged and agrees to pay on demand all legal costs and disbursements so incurred including, particularly, all costs as between attorney and client, it being the intention that the aggrieved party shall not incur any liability whatsoever for any legal expenses as a result of a breach by the other.
18.1. Users may not cede, sub-license or otherwise transfer any rights they may have under this agreement or which may otherwise have been obtained through the use of this website.
18.2. In the event of any part of this agreement being found to be partially or fully unenforceable, for whatever reason, this shall have no effect on the application or enforceability of the rest of this agreement.
18.3. This agreement, or any of the terms and conditions contained therein, as amended from time to time, contains the record of the entire agreement between the User and BC Computer Services CC.
18.4. Failure to enforce any provision of these terms and conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision.
THE USER EXPRESSLY ACKNOWLEDGES THAT THEY HAVE READ THESE TERMS OF SERVICE OF SALE AND UNDERSTANDS THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY PLACING AN ORDER WITH MYBABY ONLINE ON THE WEBSITE AND/OR CONTINUING TO USE THIS WEBSITE, THE USER EXPRESSLY CONSENTS TO BE BOUND BY THESE TERMS AND CONDITIONS OF SALE.
These terms and conditions were last updated on 07 July 2014.