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Terms & Conditions
Terms and Conditions
NB: This terms of this Payment and Shipping Information form part of the Big N Distributors (Pty) Ltd (‘we’ or ‘us’ or 'our') terms and conditions.
Contents
1 Who we are
2 Acceptance of these Terms and Conditions
3 Registration on the Website and Security
4 Conclusion of Sales
5 Availability of stock
6 Payment and Shipping
7 Errors
8 Conditions relating to specific goods
9 Children
10 Electronic communications
11 Ownership and copyright
12 Social media and Content
13 Disclaimer and Limitation of Liability
14 Website Availability
15 Privacy Notice
16 Warranties
17 Termination
18 Governing Law
19 Notices
20 Complaints
21 General
IMPORTANT TERMS
In terms of s49 of the Consumer Protection Act no. 68 of 2008 these terms:
• Limit our liability, (clause 13)
• Can create liability for you the user, (clauses 12)
• Can compel you to indemnify us in some cases, (clause 11)
• Acknowledge facts (clause 10, 13, 14, 15)
Please read these terms and conditions carefully.
1 Who we are
• Full name: Big N Distributors (Pty) Ltd (‘we’ or ‘us)
• Registration number: 2019/262961/07
• Physical address: 19 Dienst Street, Alrode, Alberton, 1451
• Postal address: 19 Dienst Street, Alrode, Alberton, 1451
• Directors: S C Perryman
• Phone number: +27 64 557 9963
• Email address: info@bign.co.za
• Information Officer: Neal
• Deputy Information Officer: Shantell
• PAIA manual: https://drive.google.com/file/d/1L_rfrjzPwrwHaDf5s...
2 Acceptance of these Terms and Conditions
2.1 All purchases and interactions with this website www.bign.co.za are governed by these Terms and Conditions. These Terms and Conditions apply to all users to register online (by clicking ‘register now’) so please read them carefully.
2.2 As laws and circumstances change we will update these Terms and Conditions. Our agreement with you, our customer, will be governed by the Terms and Conditions that existed at the time of each transaction.
3 Registration on the Website and Security
3.1 You can only buy goods if you are registered on the Website. You must use a unique username and password to register and you agree not to provide these details to anyone else.
3.2 You agree that we can rely on any instruction using your username and password – even if there has been fraud involved – unless you let us know that there was a problem (a security breach).
3.3 Please tell us IMMEDIATELY if you have any reason to suspect that your security (including your username and password, but also your cell phone or email address etc) has been breached. You can do this by contacting us using the information in clause 1 above.
3.4 You agree not to use any device or software to interfere with the security of the website.
4 Conclusion of Sales
4.1 Only registered users can place orders which can be rejected by us. Our acceptance of your order only comes into effect when the goods are delivered to you and not before.
4.2 If – for any reason – the goods are not delivered then the agreement does not come into effect and we will refund you any payment you have already made, the refund is subject, but not limited too, deductions based on costs charged for artwork; print-proofs; die`s & stereos on custom/ specially manufactured products.
4.3 You can cancel the transaction, with good reason, at any time up until you receive the goods (i.e. they are delivered to the address you choose).
5 Availability of stock
5.1 We make reasonable efforts to monitor and maintain accurate stock levels, but it is possible that we will no longer have the goods that you ordered. If this happens then we will let you know as soon as we can with a proposal for the next available delivery date or we will refund any money you have paid.
6 Payment and Shipping
6.1 We have created a policy on Payment and Shipping which is available here www.bign.co.za/products/pages/shipping-payment. Please read it carefully.
7 Errors
While we do our best to avoid making errors, sometimes they happen despite our best efforts. The below is what happens, depending on the type of error:
7.1 Error in price:
We will not be liable for any error in the price of the goods except to the extent of refunding any amount you have already paid. Please remember that our agreement is only concluded when the goods are delivered to you.
7.2 In service:
We will not be liable for any errors in the service delivered, unless that error was the result of gross negligence by us. If the error was a result of gross negligence then we will be liable to the extent set out in the limitation of liability clause below.:
7.3 In goods:
We will not be liable for any errors in the goods unless they are the result of gross negligence by us and then we will be liable to the extent set out in the limitation of liability clause below.
8 Conditions relating to specific goods
8.1 Custom/ specially manufactured goods:
8.1.1 Any Delivery times quoted by us are estimates only and do not constitute contractual obligations.
8.1.2 Whilst attempting to ensure that deliveries are made within the quoted time, we shall not be responsible for any loss or damage whatsoever as a result of delays in deliveries or non-deliveries.
8.1.3 We will endeavor to deliver the exact quantity ordered. However, with Custom/ specially manufactured goods we reserves the right to deliver a quantity varying by up to 15% under/ over run to the quantity ordered which shall be accepted and paid for by the customer.
8.1.4 Order lead-time is product dependent and is estimated generally between 5 to 15 working days and will come into effect only once artwork/ print proofs or designs are signed-off/ approved via digital of physical form and or after manufacturing of any tools required to create the products.
8.1.5 We will not be held liable for any mistakes made after you have signed-off/ approved the artwork/ print proofs or designs via digital of physical form and or after manufacturing of any tools required to create the products.
8.1.6 We shall supply the products in accordance with the design approved by the you.
8.1.7 You, the customer is responsible to ensure that any notification required in terms of the Customer Protection Act is provided in the design and reflected accordingly.
8.2 eBooks:
8.2.1 eBooks are delivered electronically and so there is no delivery charge. eBooks may be subject to restrictions as to the number of devices or users that can read the book. Please read the terms of the eBook before you buy it.
8.3 Online courses:
8.3.1 Online courses allow you to learn at a distance using the Internet. Online courses are delivered online and there is no physical content that is provided to you. You normally will receive a digital certificate once the course is finalized. You must have a good connection to the Internet to for online courses.
9 Children
9.1 This website is not designed to be used by children.
9.2 We do not collect information about children in order to fulfil your order and we do not use the personal information of children in any way other than to deliver the correct goods to you.
10 Electronic communications
10.1 We prefer sending and receiving electronic communications so please contact us using the website or by means of email. All electronic communications like this are considered to be ‘in writing’ in terms of the Electronic Communications and Transactions Act no. 25 of 2002 (ECT Act). Any order you make using your username and password are also considered to be ‘signed’ by an electronic signature in terms of the ECT Act.
11 Ownership and copyright
11.1 The contents of the Website (this includes images, text, data, trade marks etc) are protected by copyright and either belong to us or to third party advertisers. You do not acquire any rights to the Website content and you agree not to reproduce, distribute, broadcast or adapt the content except with our specific written permission. You can ask us for permission by using our contact details in clause 1 above.
11.2 Where we sell the right to access content (such as in eBooks or online courses) this only entitles you to have a non-exclusive license to access the content for personal use (i.e. non-commercial use) and according to any end-user terms and conditions that may apply to that service or goods.
11.3 Ownership of goods delivered shall vest in the us until the purchase price (inclusive of, but not limited too, artwork; print-proofs; die`s & stereos on custom/ specially manufactured products) has been paid in full.
11.4 You hereby undertake to inform the us in writing by registered mail within 7 days of any change in the legal nature of the entity.
11.5 You hereby indemnify us against any loss or damage which may result from such change or from the failure to disclose such change.
11.6 In addition, you hereby undertake to inform us in the event of a change of ownership of the entity.
12 Social media and Content
12.1 You agree not to submit any content or information which is defamatory, offensive, contains or amounts to hate speech, breaches our or a third parties intellectual property rights or is illegal. You also indemnify us from any damages we may suffer if you breach this clause. If you are unsure whether you are allowed to submit the content then please ask us first!
12.2 Provided the comments are truthful and fair you can post both negative and positive comments about us and our goods and services on social media. If you have a criticism or you are unhappy with our goods or services we would really appreciate it if you would give us a chance to sort out the problem before you post anything on social media. We reserve the right to reply to any comments you make on social media.
13 Disclaimer and Limitation of Liability
13.1 We will not be liable for any indirect, incidental, special or consequential loss which you or your agents or employees suffer as a result of the goods or services, unless otherwise provided by law.
13.2 Unless it was done deliberately or as a result of gross negligence, we will not be liable for hacking / breach of security that you suffer which includes the use by a third part of ransomware, spyware and other destructive computer code.
13.3 Where you suffered a direct loss as a result of our goods or services and provided we were grossly negligent or intentionally caused the damage, we will only be liable for the damages up to an amount of R5 000.00.
13.4 We shall not be liable for any direct, indirect or consequential losses of whatsoever nature including any losses to you arising from third party claims due to any defect in the products, whether a result of design or otherwise, or as a result of delay in delivery. All goods are sold voetstoots and without any warranty.
13.5 You hereby indemnify and hold us harmless against all or any liability in respect of damages, legal expenses and any other expenses of whatever nature arising from any infringement of any registered design, patent, trademark, copyright etc occasioned by the execution of any order you place.
14 Website Availability
14.1 While we try to make the website available all the time we may be forced to suspend it for a number of reasons including scheduled maintenance, responding to security breaches and due to other circumstances beyond our control (like electricity blackouts or Internet problems). We make no warranty that the Website will be constantly available and we reserve the right to suspend the Website - without notice to you - at any point and at our sole discretion.
14.2 In addition, we may suspend your access to the Website if you breach these terms and conditions or if you are reasonably suspected of breaching these terms and conditions. If we do this we will provide written notice to you that we have done this and the reason for your suspension.
15 Privacy Notice
15.1 In terms of the Protection of Personal Information Act no. 4 of 2013 we are governed by our Privacy Notice which is available at www.bign.co.za/products/pages/privacy-policy. Please read this carefully to know what your rights and our obligations are regarding your personal information.
16 Warranties
16.1 Any warranty that we make regarding the goods and services is generally attached to that specific good or service on the Website. Aside from those warranties and any warranties that are mandated by the Consumer Protection Act no. 68 of 2008 (see Part H (sections 53 to 61) of the Consumer Protection Act) we make no additional warranties regarding the goods or services.
16.2 In particular we have instructed our employees not to provide any oral (on the telephone or in person) warranties and to rather provide all warranties in writing. If you require a warranty for a particular good or service, please ask our agent or employee to put it in writing and send it to you for it to be binding on us.
17 Termination
17.1 No fault termination:
Either of us can terminate this agreement by providing the other party with 30 calendar days’ notice to the other.
17.2 Termination due to breach:
Either of us can terminate this agreement with 5 calendar days’ written notice if the other party breached these Terms and Conditions.
17.3 Effect of termination:
Even if this agreement is terminated, the clauses of this agreement will apply to any transaction which was concluded before this agreement was terminated. In addition, there will be some clauses, such as intellectual property and privacy policy, that will remain in force even after this agreement has been terminated.
18 Governing Law
18.1 This Website and our products and services are governed by the laws of South Africa.
19 Notices
19.1 We choose the contact details contained in clause 1 for the delivery of all complaints as well as for all legal processes (legal documents). We can change this address at any time by giving you 7 days written notice that we are changing the details in clause 1.
19.2 You agree that we can rely on the contact details you provided when registering on the Website for the delivery of any legal documents, unless you inform us of a new address or contact details in writing.
19.3 We are both deemed to receive documents:
• If sent by post or registered post, 10 days after the date of posting,
• If sent by registered email, on the date on which the email certificate indicates delivery was made,
• If sent by normal email, a day after the email was sent,
• If delivered by hand, on the day following the delivery.
Some general points:
• You cannot cede or assign (give away) your rights and obligations in terms of these Terms and Conditions;
• If we or you do not enforce a right, that does not mean that right is waived;
• If any of the terms in these terms and conditions is declared invalid or illegal then the remaining terms will still apply, provided that the commercial purpose of the terms remains;
• Any amendment of this agreement must be in writing and accepted by both parties;
• Neither of us will be responsible for any failure to act or to comply with a provision of these Terms and Conditions or the terms of a particular transaction if either of us is prevented from complying by an act beyond our reasonable control (otherwise known as ‘force majeure’). This includes events like strikes, riots, earthquakes as well as other events like lockdowns due to a pandemic or changes to laws which affect our relationship or a particular transaction. If this type of event happens then neither party will be liable to the other for any damages the one may suffer due to force majeure.
• It is agreed that each Article and Section in these terms and conditions are severable (independent of each other). If any paragraph, clause or sub-clause is found to be defective or unenforceable for any reason by a competent court then such invalidation of such part or portion of these terms and conditions should not invalidate the remaining paragraph, clause or sub-clause which shall continue to be of full and competent force and effect.
• We reserve the right to make any amendment of our terms and conditions at any given time at our sole discretion without any prior written notice.
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