Terms & Conditions
Terms & Conditions
PLEASE REVIEW THESE TERMS AND CONDITIONS CAREFULLY.
Introduction & Agreement
This website (“Site”) is owned by Beard Bastard, a private company. The Site
incorporates the Beard Bastard Online Site and, except where the context
otherwise indicates, references to "the Site" include the Beard
Bastard Online Site. The Site promotes the sale of the Company’s products as
well as other products (collectively "the Products").
By shopping or browsing on this Site, you:
· represent and warrant
that you have read and understood these terms and conditions as well as the
policies displayed on this Site; and
· agree to be bound by
these terms and conditions as well as the policies (collectively “the
Agreement”).
PLEASE DO NOT USE THIS SITE IF YOU DO NOT ACCEPT, AND AGREE TO BE BOUND BY,
THIS AGREEMENT.
Product Pricing & Availability
The Products displayed on this Site are subject to availability and will be
delivered only within the Republic of South Africa, within the defined areas as
determined by the Company. All prices displayed on the Site are valid and
effective only in the Republic of South Africa. The Company reserves the right,
without prior notice, to discontinue or change pricing or specifications on
Products and services offered on this Site without incurring any liability
whatsoever.
Colours
We have made every effort to display as accurately as possible the colours of
the Products that appear on the Site. As the actual colours you see will depend
on your computer’s monitor we cannot guarantee, however, that your monitor's
display of any colour will be accurate.
Intellectual Property
All intellectual property rights, including copyright, in all materials,
including trademarks, logos, photographs, images, text and other graphics which
form part of the Site are owned by the Company alternatively the Company is the
lawful user thereof. Such rights are protected by both South African and
international intellectual property laws. All data and information communicated
to or from the Site and/or any Site information as well as the database is the
sole property of the Company.
The Company grants you permission to view, electronically copy and print
portions of the Site for the sole purpose of placing an order with the Company
for any of the Products.
Any use of materials on the Site other than for the purpose noted above
including, without limitation, the unauthorised submission, removal,
modification, dissemination, copying or distribution of copyrighted or other
proprietary content, without the prior written consent of the Company and/or
the lawful trademark and/or copyright owner (if applicable), is prohibited and
constitutes an unlawful infringement of the intellectual property rights of the
Company and/or such trademark and/or copyright owner.
Trademarks
"Beard Bastard", the Beard Bastard logo as well as the Company logo
and all other marks, logos and trade names appearing on this Site are
trademarks of either the Company, its holding company or affiliates in the
Republic of South Africa, or of third parties who have authorised the Company
to display such trademarks on the Site. Nothing contained on this Site should
be construed as granting, by implication or otherwise, any license or right to
use any of the trademarks displayed on this Site without the express prior
written consent of the Company. Your use of any of the trademarks displayed on the
Site or in any of its contents is strictly prohibited. You may not copy,
reproduce, publish, upload, post, transmit, distribute or modify any of the
trademarks appearing on this Site. You further undertake not to infringe any
right of the Company or trademark owners in respect of such trademarks. The use
of the trademarks on any other website or networked computer environment is
prohibited.
Unlawful use
You shall not use this Site to send or post any message or material that is
unlawful,
harassing, defamatory, abusive, threatening, obscene, sexually orientated,
racially offensive, profane or which violates any applicable law and you hereby
indemnify the Company against any loss, liability, damage or expense of
whatever nature which the Company or any third party may suffer and which is
caused by or attributable to, whether directly or indirectly, your use of the
Site.
Links & Advertising
No person, business or other website may link to any page on this Site without
the prior written permission of the Company.
External hyperlinks may be provided on the Site, but such links are beyond the
Company’s control. You shall not interpret the provision of such hyperlinks as
constituting any relationship between the Company and any linked third party,
nor as an endorsement by the Company of such third party. Hyperlinks provided
on this Site to other websites are provided as is and the Company does not
necessarily agree with, edit or sponsor the content of such websites. The use
of, or reliance placed by you on any external links provided on the Site is
entirely at your own risk.
Any advertising and other promotional material that may be displayed on the
Site from time to time shall not be interpreted as constituting any
relationship between the Company and any third party placing such advertising
or promotional material on the Site, nor as an endorsement by the Company of
such third party. Any use of, or reliance placed by you on such material is
entirely at your own risk.
Disclaimers and Exclusions of Liability
You expressly agree that use of the Site is entirely at your own risk. The Site
and its contents are provided on an ‘as is’ and ‘as available’ basis and has
not been compiled to meet individual requirements. It is your responsibility to
satisfy yourself, prior to entering into this Agreement, that the service
available from and through this Site meets your requirements, and is compatible
with the hardware and/or software used by you.
The Company makes no representations nor gives warranties of any kind, whether
express or implied including, without limitation, with respect to the Site, its
contents, the accuracy thereof or any warranties or representations regarding
the effectiveness of any security or encryption facilities or with regard to
the availability of Products and/or delivery arrangements and times.
The Company disclaims all representations and warranties including, but not
limited to, warranties as to the availability, accuracy or content of
information, Products or services, and warranties of merchantability or fitness
for a particular purpose of information, goods or services.
The Company does not warrant that the functions provided by the Site will be
uninterrupted or error free, or that the Site or the server that makes it
available are free from viruses or other harmful components. Save as expressly
set out herein, the Company shall under no circumstances whatsoever be liable
to you, including without limitation, as a result of or in connection with the
Company’s negligent acts or omissions or those of their employees, agents,
representatives, sub-contractors or other persons for whom in law they may be
liable (in whose favour this constitutes a contract or undertaking for their
benefit), for any direct, indirect, incidental, special or consequential loss
or damage of any kind whatsoever or howsoever caused (and whether arising under
contract, delict or otherwise), sustained by either you, the recipient of the
Products or services or any other person arising from or as a result of any
sale concluded in terms of this Agreement, the delivery, non-delivery,
incorrect, erroneous or late delivery, the use or possession of the Products or
services.
The Company, its directors, employers, sub-contractors, agents,
representatives, affiliates and suppliers shall not be liable for any loss,
damage (whether direct, indirect or consequential) or expense of any nature
whatsoever which may be suffered as a result of or which may be attributable,
directly or indirectly, to the use of or reliance upon the Site (including any
information contained thereon) or the Internet. You hereby indemnify the
Company from and against any loss or damage suffered or liability incurred
including, without limitation, in respect of any claim or demand by any third
party by reason of any act or omission on your part or that of any family
member, agent or representative acting on your behalf in connection with
transactions concluded on the Site and/or in terms of this Agreement and/or in
relation to the receipt of Products or services supplied by the Company
pursuant to any such order.
Notwithstanding any other provisions contained herein, the Company's liability
whether in contract or delict arising from any breach of any obligation in
terms of this Agreement, negligence or otherwise shall not exceed at any time
the value of the Product(s) in respect of which any such dispute or claim
arises.
By accessing this Site you warrant and represent to the Company that you are
legally entitled to purchase the Products and that all the details you have
provided are true and complete.
Information, ideas and opinions expressed on this Site should not be regarded
as professional advice or the official opinion of the Company. You should
consult professional advice before taking any course of action related to
information, ideas or opinions expressed on this Site.
Security
You agree and warrant that your user name and password shall be used for your
personal use only and shall not be disclosed to any third party. You agree that
the Company shall be entitled, at all times, to take all reasonable steps to
ensure the integrity and security of the Site, including associated
applications.
The content contained on the Site may be used by you for your own personal
shopping and information purposes only. In using the Site you warrant that you
shall not infect it with any computer programming (such as a virus) that may
damage, interfere with, delay or intercept any data or information on the Site
and you hereby indemnify the Company for any damage caused by any act
attributable to you. Any person that delivers or attempts to deliver any
damaging code to this Site or attempts to gain unauthorised access to any page
shall be prosecuted.
General Terms
The Company may, in its sole discretion, suspend or terminate the operation of
the Site at any time without prior notice to you and without the need to give
you reasons for such termination or suspension.
We may change the terms of this Agreement from time to time without notice to
you. Any amendments will take effect immediately on posting of the amendments
on the Site. You shall be deemed to have accepted any changed terms should you
continue to use the Site.
If any provision of this Agreement is unlawful, void or for any reason
unenforceable, then that provision shall be deemed severable from this
Agreement and shall not affect the validity and enforceability of the remaining
terms.
This Agreement constitutes the whole agreement between the parties relating to
the subject matter hereof. Any indulgence of extension of time granted by the
Company to you shall not be construed as a waiver or variation of any of our
rights or remedies.
At the option of the Company, any dispute arising out of the Agreement may be
brought in any Magistrates' Court of competent jurisdiction notwithstanding
that the amount in issue may exceed the jurisdiction of such court.
The Site is hosted and managed in the Republic of South Africa and this
Agreement is accordingly governed by the laws of the Republic of South Africa.
Any dispute of any nature whatsoever arising between the parties on any matter
provided for in, or arising out of this Agreement, may be submitted to
confidential arbitration in Durban, South Africa in terms of the expedited
rules of the Arbitration Foundation of Southern Africa.
The Company chooses its domicilium citandi et executandi for all purposes under
this
Agreement, whether in respect of court process, notice, or other documents at 9
San Thome Place, Illovo Glen, Kingsburgh, 4126 and marked for the attention of
the Financial Director
General Information
The Company’s:
· website address is:
www.beardbastard.co.za
· email address is:
sales@beardbastard.co.za
Electronic Communications
When you use or visit this Site, or send electronic communications to the Site
including, without limitation, e-mails or place orders for Products, you:
· consent to receiving
communications from the Company electronically;
· agree that all
notices, disclosures and other communications sent by the Company, including
this Agreement, satisfies any legal requirements, including but not limited, to
the requirement that such communications should be ‘in writing’;
· agree that the Company
may use your information to contact you about promotions and special offers if
you have indicated during registration that you would like to receive such
information. You are entitled, at any stage, to opt out of this service. We
shall not sell or rent information about you including, without limitation, your
name, identity number, address, email address and contact telephone number
(“personal information”) to any third parties; and
· agree that the Company
may disclose your personal information in response to a specific request by a
law enforcement agency, subpoena, court order, or as otherwise required by law,
e.g. for accounting purposes.
BEARD BASTARD ONLINE SITE TERMS
To purchase Products from the Beard Bastard Online Site you must first register
your personal information on the Beard Bastard Online Site. Registration and/or
use of the Beard Bastard Online Site constitutes acceptance of this Agreement
by you, and shall accordingly apply as between the Company and yourself.
To buy Products on the Beard Bastard Online Site you must be over the age of 18
(eighteen) and be the holder of a valid credit card (e.g. a MasterCard or Visa
card) ("Credit Card"). Or have access to electronic banking in order
to make payment via EFT.
On Line Registration
Registration on the Beard Bastard Online Site is conditional on your delivery
address being within certain specified areas. If your delivery address does not
fall within an area in which the Company delivers, your registration will not
be confirmed.
Should you change your delivery address to an address which does not fall
within an area to which the Company delivers any orders placed by you after
that change will not be accepted.
To register to buy Products you will be required to provide us with your
personal information including identity number, payment details and your
delivery address to enable us to verify who you are and deliver any Products
you have bought.
You will also be required to choose a user name and a password. Please keep
your password secret. The Company accepts no liability for any damages suffered
or losses incurred as a result of the misuse or loss of your password. In this
regard you represent and warrant that your user name and password shall:
· be used for personal
use only; and
· not be disclosed to
any third party.
You will be required to enter your username and password each time you want to
buy Products on the Beard Bastard Online Site. Should you want to review and/or
change any of your particulars please go to ‘My Account’.
Security
The Company will endeavour to ensure that your personal information and/or
Credit Card details are protected as they travel over the Internet. Given the
current state of Internet technology however, there is no guaranteed secure
transmission of data over the Internet. Therefore the Company cannot guarantee
the absolute security of any information you transmit to us or which the
Company transmits to you.
For further information please refer to the Security Policy.
Pricing
Subject to availability, the price you pay for Products will be the price shown
on the Beard Bastard Online Site on the date that you pay for such Products.
Special promotions may be subject to certain conditions, including stock
availability and limited offer stipulations. Time-based pricing is only
available during the times stipulated on the
Site.
The price of each Product is the price displayed on the Beard Bastard Online
Site. In the event of a Product being on special, this price will be displayed.
All prices are quoted in South Africa Rand (ZAR) and include VAT at the rate of
14%, unless otherwise stipulated. Prices are only valid on the Site and not in Beard
Bastard branches. Delivery costs are calculated taking into account the area of
delivery as well as the weight of each Product being delivered, and are quoted
separately.
Whilst all precautions are taken by the Company to provide correct pricing on
this Site, in the event that an error does occur, the Company will not be
obliged to provide you with the affected Product at such incorrect price.
Payment
Prior to delivery of the Products to you, the Company shall be entitled to
debit the Credit Card supplied by you on acceptance of your order should you be
paying with a Credit Card.
Should you pay for the Products via EFT the Products will only be delivered to
you once your payment has cleared in the Company’s bank account, and is
reflected as a payment on the Company’s bank statement within 5 working days of
date of the placement of your order.
By submitting an order to buy Products as well as your identity number you:
· represent and warrant
that you are over the age of 18 (eighteen);
· represent and warrant
that you are authorised to make payment with a Credit Card if you are paying
via this mechanism;
· represent and warrant
that there are sufficient funds available to pay for the order; and
· consent to us
providing your personal information to our third party payment provider, namely
…., which is necessary to enable us to perform our obligations in terms of this
Agreement.
In order to protect our interests as well as yours, the Company may scrutinize
transactions to prevent attempted fraud. A transaction may be refused if the
Company is not satisfied that it is legitimate.
No other method of payment, including by gift vouchers, will be accepted by the
Company in respect of the purchase of Products on the Beard Bastard Online
Site.
Stock Availability
The Company cannot always guarantee availability of stock. If we are unable to
supply each and every Product ordered or in the quantities ordered, you
nevertheless agree to accept delivery and make payment for the items correctly
delivered. Stocks of all goods on offer are limited. The Company shall use its
reasonable efforts to discontinue the offer as soon as stock is no longer
available.
Under no circumstances will the Company be liable to you for failing to supply
Products ordered by you if the shortage of stock or capacity is due to
circumstances beyond the Company’s control. In such circumstances the Company
will take reasonable steps to inform you of the shortage of stock or capacity
as soon as it is practicable to do so.
Confirmation of Orders
Orders placed on the Beard Bastard Online Site constitute your offer to
purchase Products subject to this Agreement. Your offer is deemed to have been
accepted by the Company when payment is received from the issuing bank in the
case of payment via Credit Card, or when your payment reflects on the Company’s
bank statement in the case of payment via EFT. Failure by the Company to
formally confirm or notify acceptance shall not affect the validity of the sale
or the enforceability thereof.
Risk and Ownership
Risk in the Products shall pass to you upon delivery of the Products at the
delivery address chosen by you. Until payment is received in full for any goods
sold, ownership in the Products shall remain with the Company and such Products
shall be returned and/or surrendered to the Company following receipt of a
default notice from the Company.
Agreement of Sale
An agreement of sale in respect of a Product between the Company and you only
comes into effect if and when a Credit Card authorisation is received by the Company
from the issuing bank or when the Company’s bank statement reflects your
payment via EFT. The Company reserves the right to:
· refuse to accept
and/or execute an order without giving any reasons; and
· cancel orders in whole
or in part in its sole and absolute discretion.
The Company shall only be liable to refund monies already paid by the
user. A delivery fee will be charged each time Products are delivered to you.
Collections
We do not currently offer a collection option from Beard Bastard stores.
Cancellation
If you would like to cancel an order this may be done by emailing the Company
on sales@Beard Bastard.co.za . You will be able to cancel
orders up to a period not exceeding seven days after the date on which the
Products are received by you. No penalty charges will be levied against
cancelled orders prior to the abovementioned cut-off time. The Company will,
however, be entitled to recover from you the direct cost of recovering the
Products.
The Company will only accept a cancellation of an order in circumstances where
the Products are returned to the Company in their original condition together
with the packaging within 10 business days after delivery to you, and provided
the Products have not been used or otherwise altered in any way whatsoever.
The Company shall be entitled to retain any payment already received from you
in respect of delivery fees where a Product has already been delivered to you
prior to your cancellation of the order, as set out above. You may return a
Product, at your cost, to any Beard Bastard store provided you have the
original invoice/proof of purchase.
If you cancel your payment for any reason or if your Credit Card should cease
to be valid for whatever reason, you will nevertheless be bound to pay to the Company
the full purchase price, including all costs incurred by the Company in respect
of any Products already delivered to you, and which you have not returned to
the Company as set out above.
Without prejudice to any other rights or remedies in law, the Company shall be
entitled to cancel forthwith any sale and/or your registration if you should
breach any of your obligations.
Returns
Due to the nature of the products sold on this web-site, returns will
only be accepted if Beard Bastard has made an error in the size or style of the
product purchased. Due to the hygiene laws of South Africa any product
once opened or used cannot be returned.
Replacement Products & Refunds
Should the Company supply the incorrect Product or if the Product supplied is
damaged or faulty, the Company shall exchange the Product for a new one,
provided that the damaged or incorrect unit is returned in its original
packaging with all warranty cards, manuals and accessories within 10 business
days of the delivery of the Product to you. The Company will replace any
damaged or faulty Product or an incorrect Product with a new Product. –In the
case of refunds, any monies due to you will be paid back into the bank account
from which payment was received from you. In cases where items are returned,
South African registered postage rates will apply to cover the cost of returned
items to a maximum of R50.00. Should the customer select to return the items
via courier a maximum of R50.00 will be refunded. Customers will be liable for
any additional costs incurred.
Warranties
To the extent that the Products are altered contrary to the instructions, or
after having been delivered to the delivery address stipulated by you the
Products or property in which the Products are installed have been subjected to
misuse or abuse, the Company and/or manufacturer of the Products will not be
obliged to honour any warranties applicable to such Products. Warranties do not
apply to ordinary wear and tear.
Shipping
Any orders that are paid after 12:00pm will be shipped the following day
Whilst Beard Bastard will ensure that packages are shipped expediently,
once the customer receives the courier or registered mail tracking number, the
onus is on the customer to track their parcel. If there are issues with
the courier or post office, the customer must take it up with the relevant 3rd
party.
Beard Bastard cannot be held liable for late or lost deliveries.