PLEASE READ THE T&C’S BELOW BEFORE USING OUR WEBSITE AS THEY ARE IMPORTANT AND SHOULD BE CAREFULLY NOTED – BY USING THE WEBSITE OR BY CLICKING ON THE “REGISTER NOW” BUTTON ON THE WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE T&C’S.
1. INTRODUCTION & TERMINOLOGY
1.1. This website can be accessed at www.bhs1987foundation.online, related mobile sites and software applications (the “Website”) and is owned and operated by BHS 1987 Foundation (“BHS 1987 Foundation”, “we”, “us” and “our”). All content, trademarks and data on the Website are the property of BHS 1987 Foundation and are protected from infringement by local and international law. The Website and its content is copyright of BHS 1987 Foundation (All rights reserved), and the distribution and reproduction of part or all of the content is prohibited without written consent.
1.2. The Website Terms and Conditions (“T&C’s”) govern the use of the Website including the ordering, sale and delivery of Goods. The T&C’s are binding and enforceable against every person that uses the Website (“you”, “your” or “user”), including each user who registers on the Website (“registered user”).
1.3. The Website offers users to shop and purchase a wide range of products online (“goods”).
1.4. For purposes of the Consumer Protection Act (the “CPA”) all users are considered consumers.
1.5. The T&C’s contain provisions which –
1.5.1. may limit the risk or liability of BHS 1987 Foundation; and/or
1.5.1. may create risk or liability for the user; and/or
1.5.1. may compel the user to indemnify, defend or hold harmless BHS 1987 Foundation; and/or
1.5.1. serves as an acknowledgement, by the user, of a fact.
If any provisions in the T&C’s are not understood, it is the user’s responsibility to request BHS 1987 Foundation to explain it to them before continued use of the Website.
1.6. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
2.1. All information on the Website is for general informational purposes only. BHS 1987 Foundation strives to post relevant and accurate information but do not warrant that any content available on the Website to be complete, reliable, current or error-free; this information is provided on a “as is” basis. BHS 1987 Foundation reserves the right to refuse or reject any order where typographical errors are present. To the fullest extent permitted by law BHS 1987 Foundation does not accept liability of any loss or damage caused as a result from use of the Website – All users use the Website entirely at their own risk and assume full responsibility for any risk or loss resulting from the use of the Website.
2.2. Any views or statements made or expressed on the Website are not necessarily the views of BHS 1987 Foundation, its directors and/or employees.
2.3. BHS 1987 Foundation will take the necessary steps to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
3. REGISTRATION AND USE OF THE WEBSITE
3.1. To register you will need to provide a unique username, password and personal details to BHS 1987 Foundation. The username and password will need to be provided when wanting access to use the Website – Only registered users may order goods on the Website.
3.2. For security purposes you agree to enter the correct username and password when using the Website, failing which you will be denied access. You agree and warrant that your username and password shall:
3.2.1. be used for personal use only; and
3.2.2. not be disclosed by you to any third party.
3.3. No person under the age of 18 (eighteen) or of full legal capacity, may use the Website without involvement and supervision of your parent or legal guardian. By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity.
3.4. BHS 1987 Foundation reserves the right to refuse and/or terminate any account without prior notice if a user does not comply with the T&C’s or if it is decided that it would be in best interest of the Website. The user shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.
3.5. Multiple Accounts are not allowed and will result in having those accounts closed and all content dissolved.
3.6. Through use of the Website you agree that you will not post or distribute any submission that may be defamatory, abusive, harassing, threatening, invasive, hateful, racial, violent, vulgar, obscene, pornographic, sexually explicit, harmful, antisocial, disruptive, destructive or is otherwise unlawful. You agree to not post content that contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Website or any connected network. You agree that you will not in any way use a robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website.
3.7. Although strict monitoring is executed BHS 1987 Foundation cannot and do not assure that other users are or will comply with the rules of the Website, and are thus not liable for any risk, harm or injury caused as result.
4. SALE OF GOODS & STOCK AVAILABILITY
4.1. BHS 1987 Foundation reserves the right to accept or reject any order placed on the Website. All orders depend on the availability of stock, the information relating to the sale of the goods (including without limitation the price) and the authorisation of payment by BHS 1987 Foundation. The rejection of an order will be indicated by the cancellation of it and the refunding of the amount paid.
4.2. It is important to note that the sales agreement (the “sale”) between the user and BHS 1987 Foundation will only be created once confirmation that the order has been shipped or can be collected.
4.3. An order can be cancelled at any time by the user provided that BHS 1987 Foundation receives notification of the cancellation before a dispatch notice is sent.
4.4. Users agree to acknowledge that the stock of goods is limited and dependent on availability. BHS 1987 Foundation will take all reasonable efforts to monitor stock levels and ensure that all goods listed are available but cannot guarantee the availability after an order is placed, and where there is no stock availability you will be notified and refunded.
4.5. Placing goods into your shopping cart without completing the purchase cycle does not constitute an order and may be removed from the shopping basket without notice – The purchase cycle is only completed once the order has been placed and paid for. If the purchase cycle is not completed BHS 1987 Foundation does not accept liability if those goods are no longer available or if there is a price change.
4.6. Processing times may vary due to stock availability and number of orders to be processed. For convenience BHS 1987 Foundation will strive to have parcels processed in the least amount of time possible.
5. PAYMENT OF GOODS
5.1. BHS 1987 Foundation is committed to providing secure online payment facilities; all payments are made on secure third-party payment gateways using the appropriate and latest encryption technology. BHS 1987 Foundation uses PayFast as our primary payment gateway.
5.2. Users can make payment for goods via:
5.2.1. Credit Card – Only registered 3D-Secure cards permitted.
5.2.2. Cheque Card – Only registered 3D-Secure cards permitted.
5.2.3. Instant EFT
6. DELIVERY OF GOODS
6.1. BHS 1987 Foundation offers nationwide delivery and will ship to most locations within South Africa. Delivery to locations regarded by the courier as (but not limited to) remote or a security risk will be rejected and refunded.
6.2. BHS 1987 Foundation offers the following methods of delivery:
6.3. Contact us for more information on our delivery methods and charges.
6.4. The delivery charges are subject to change at any time, without prior notice, and the applicable charges will be seen on check out.
6.5. The delivery times depend on the area and location of the address provided and may vary to the times specified. For convenience BHS 1987 Foundation will strive to have parcels delivered in the least amount of time possible.
6.6. Any responsibility of BHS 1987 Foundation is passed onto the user upon delivery to the address provided and BHS 1987 Foundation is not responsible for any loss or unauthorized use of the goods once delivery has taken place.
6.7. Please see our Delivery Policy for more information and note that policy forms part of the T&C’s.
7. RETURN OF GOODS
7.1. BHS 1987 Foundation accepts the return of goods purchased on the website and goods returned in the applicable condition and time frame will either be repaired, exchanged or the purchase amount credited onto your online account.
7.2. BHS 1987 Foundation will only accept the return of goods if the return is logged within 5 (five) days of delivery, the goods are in their original packaging and undamaged (only damaged goods received on delivery can be returned).
7.3. On approval the refund amount will be credited onto your online account within 1-2 working days and can be used on the website.
7.4. Please note that the user is responsible for the return of any goods ordered in error and liable for any costs relating to the return. It is suggested that any returns are sent with an insured courier service as BHS 1987 Foundation is not liable for any loss or damage during the returns process.
7.5. For more information on the returns process or to log a return please contact us.
7.6. Please see our Returns Policy for more information and note that policy forms part of the T&C’s.
8.1. BHS 1987 Foundation respects privacy and is committed to protecting our user’s privacy on the website.
9.1. The Website is interactive and makes the use off “Web Cookies” to retrieve data and collect user information.
9.2. A Web Cookie is a small piece of data sent from the website and stored on the user’s computer by the user’s internet browse, the data recorded is made up of useful information (like goods added to the shopping cart) as well the users browsing activity (like buttons pushed, logging in, pages visited). These Web Cookies are used by BHS 1987 Foundation to improve the websites functionality, content and advertising.
9.3. Whilst using the Website the user can prevent information from being collected by disabling the Web Cookies feature, this can be done in the settings of most internet browsers. Please note that by disabling the use of Web Cookies it could affect certain features available on the Website.
9.4. By not disabling the Web Cookies feature it is deemed that the user agrees to the use of Web Cookies to collect information and record browsing activity.
10. SPECIALS, GIFT VOUCHERS & COUPONS
10.1. At certain times BHS 1987 Foundation may choose to place selected goods on special, these goods may have a stock limit and the special may expire sooner than stated should stock run out. BHS 1987 Foundation has the sole discretion over the goods selected to be on special and the discount offered to users. Please note that by adding goods to your shopping cart without completing the purchase cycle does not reserve the goods on special and does not constitute an order.
10.2. At certain times BHS 1987 Foundation may offer vouchers or coupons to use as a discount towards orders placed on the website. The vouchers and coupons are only valid for a period of time and the expiry date cannot be extended. The vouchers and coupons cannot be used to buy other vouchers or coupons; they can only be used once off; they do not accrue any interest and are not refundable for cash. If the voucher or coupon used does not cover the full amount of the order the user will be required to pay in the difference to complete the order. BHS 1987 Foundation is not liable for any loss due to the misplacement or unauthorised use of a voucher or coupon.
10.3. For more information on how to use vouchers and coupons please contact us.
11.1. The website allows users to submit product reviews and by submitting a review the user consents to BHS 1987 Foundation using the content for purpose including but not limited to the website, newsletters or other marketing material. Users who do not agree to the use of the content can refrain from posting any product reviews.
12. NEWSLETTERS & MAILERS
12.1. From time to time BHS 1987 Foundation may send out newsletters or other forms of electronic mailers to communicate and inform customers of specials, new goods, events and other information regarded as important to users. By registering on the Website the user gives BHS 1987 Foundation consent to receiving these forms of communication.
12.2. To opt out of newsletters and other forms of communication please click the unsubscribe link or contact us.
13. GOVERNING LAW & JURISDICTION
13.1. The T&C’s laid out shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Through use of the Website it will constitute the users consent and submission to the jurisdiction of the South African courts regarding all applications and proceedings.
14. CHANGES TO THE TERMS & CONDITIONS
14.1. BHS 1987 Foundation may at any time, according to our sole discretion, and without prior notice amend or change the T&C’s. Through use of the Website it shall be deemed that the user has accepted the T&C’s unconditionally.
14.2. BHS 1987 Foundation reserves the right to change these Terms & Conditions from time to time as it sees fit by posting the changes on www.bhs1987foundation.online these changes are effective immediately upon posting and your continued use of the site will signify your acceptance of any adjustment to these Terms & Conditions