Terms & Conditions

TBG eShop Terms and Conditions

 

  1. Introduction
    • This website can be accessed at buddishop.com (the “Website”) and is owned and operated by The Buddi Group (Proprietary) Limited, and/or its holding, subsidiary or affiliate companies (“TBG”, “we”, “us” and “our”).
    • These Terms and Conditions (“Terms”) govern the ordering, sale and delivery of Products, and the use of the Website. They are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including each user who registers as provided for below (“registered user”). By using the Website and by clicking on the “Register” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms.
    • The Website enables you to shop online for various products and supplies (“Products”).
    • TBG purchases the Products from manufacturers and distributors and makes them available for resale to you on the Website.
  2. Important Notice
    • These Terms apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
    • Certain provisions in the Terms are written in bold like this clause and may -
      1. limit the risk or liability of TBG or a third party; and/or
      2. create risk or liability for the user; and/or
      3. serve as an acknowledgement of a fact by the user.
    • Your attention is drawn to these bold Terms because they are important and must be carefully noted.
    • If you do not understand any provision of these Terms, you must ask TBG to explain it to you before you accept the Terms or continue using the Website.
    • Nothing in these Terms is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or TBG in terms of the CPA.
    • By using this Website in any way, you are deemed to have accepted all the Terms unconditionally. If you do not agree to the Terms you must not use the Website.
    • TBG may, in its sole discretion, change any of these Terms at any time. It is your responsibility to regularly check these Terms and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
  3. Registration
    • You may only purchase and order Products on the Website if you are a registered user. In order to register, a unique username and password must be provided to TBG together with certain information (including personal details). The username and password will be required to access the Website at any time after registration, failing which you will not be able to access the Website.
    • You agree and warrant that you:
      1. will not disclose your username and password to any third party and that they will be for personal use only;
      2. are 18 years of age or older and of full legal capacity
      3. will notify us immediately upon becoming aware or suspecting that there has been unauthorised use of your username and password and to take steps to mitigate any potential or actual loss or harm.
  1. Use of the Website
    • You agree that once access to the Website has been obtained by the entering of the correct username and password, you will be liable for payment for any orders of Products placed using your account (even if unauthorised or fraudulent] save where the order is cancelled in accordance with these Terms.
    • You may not use the Website to distribute any information or material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
    • You agree that you will not use any device, software of other instrument or material to interfere (or attempt to interfere) with the proper functioning of the Website. You, as a user, will not use any robot, spider, automatic device or manual process to monitor, copy, distribute or modify the Website or any information on it.
    • You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised TBG representative.
  2. Sale and Availability of Products
    • Registered users may place orders for Products, which TBG may accept or reject. Whether or not TBG accepts an order depends on the availability of Products, correctness of the information relating to the Products (including without limitation the price) and receipt of payment or payment authorisation for the Products ordered.
    • TBG will indicate the acceptance of your order by delivering the Products to you or allowing you to collect them, and only at that point will an agreement of sale between you and TBG come into effect (the “Sale”). This is regardless of any communication from TBG stating that your order or payment has been confirmed. TBG will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
    • Prior to delivery of the Products, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery of the Products, you may return the Products only in accordance with the returns procedure set out in the FAQ section on the Website.
    • Placing Products in a wishlist or shopping basket without completing the purchase cycle does not constitute an order for such Products, and those Products may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold TBG liable if such Products are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
    • You acknowledge that stock of all Products on offer is limited and that pricing may change at any time without notice to you. TBG will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Products are no longer available after you have placed an order, TBG will notify you and you will be entitled to a refund of any amount already paid by you for such Products. 
    • Products may not be purchased for re-sale by users. Should we suspect that any such Products are being purchased for sale, we are entitled to cancel your order immediately on notice to you.
    • We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Products on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid. 
  3. Payment
    • We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
    • Payment can be made via the Payflex facility only. Please note that Payflex terms and conditions will apply to the use of that facility.
    • Once you have selected your payment method (save for cash on delivery or direct bank deposit), you will be directed to a link to a secure site for payment of the applicable purchase price for the Products.
    • TBG will reserve stock for users in the order in which it receives payment.
  4. Delivery of goods
    • TBG is only able to offer delivery of Products via courier.
    • TBG will deliver the Products to the address nominated by you when placing the order. You may not change the address for delivery once payment for the order has been received.
    • TBG is not able to deliver outside the borders of South Africa.
    • Our delivery charges are subject to change at any time, without prior notice to you and depend to a large extent on third party providers. You will see the applicable delivery charges in your cart when you check out.
    • Where it accepts your order, TBG will deliver the Products to you as soon as reasonably possible, and an estimated time for delivery will be provided as at the time of placing your order. In the event that TBG is unable to deliver the Products within 30 (thirty) days from the date the order is placed, you may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Products. If you elect to cancel your order, we will reimburse you for the purchase price.
    • TBG’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. TBG is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.
  5. Returns
    • Please refer to the FAQ section on Returns for more information about returning products. If the FAQ section does not cover your query, please also contact us at shop@buddigroup.com to see if your return is eligible for a refund.
  6. Privacy policy
    • We respect your personal information and will take reasonable measures to protect it, as more fully detailed below.
    • Should you decide to register as a user on the Website, we may require you to provide us with personal information which includes but is not limited to -
      1. your name and surname;
      2. your email address;
      3. your physical address;
      4. your gender;
      5. your mobile number; and
      6. your date of birth.
    • Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.
    • You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
    • We will not, without your express consent:
      1. use your personal information for any purpose other than as set out below:
        1. in relation to the ordering, sale and delivery of Products;
        2. to contact you regarding current or new Products or services or any other goods offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us);
  • to inform you of new features, special offers and promotional competitions offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us); and
  1. to improve our product selection and your experience on our Website by, for example, monitoring your browsing habits, or tracking your sales on the Website; or
  1. disclose your personal information to any third party other than as set out below:
    1. to our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Products or when delivering Products to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
    2. to our divisions, affiliates and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);
  • to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these Terms;
  1. to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their own benefit; and
  2. to our suppliers in order for them to liaise directly with you regarding any faulty Products you have purchased which requires their involvement.
  • We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, TBG is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
  • We will ensure that all of our employees, third party service providers, divisions, affiliates and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.
  • Ratings and Reviews:If this facility is available, when you provide a rating or review of a Product, you consent to us using that rating or review as we deem fit, including without limitation on the Website, in newsletters or other marketing material. The name that will appear next to that rating or review is your First Name, as you would have provided upon registration. If you do not agree to this, please do not put any ratings or reviews on the Website. We will not display your Last Name, nor any of your contact details, with a rating or review.
  • We will -
    1. treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;
    2. take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
    3. provide you with access to your personal information to view and/or update personal details;
    4. promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
    5. provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
    6. upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.
  • We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
  • TBG will never sell or make your personal information available to any third party other than as provided for in this policy.
  • Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
  • If you disclose your personal information to a third party, WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.
  • This website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content, and to display more focused advertising to a user by way of third party tools. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited.If you do not disable “cookies”, you are deemed to consent to our use of any personal information collected using those cookies, subject to the provisions of this clause 8.
  • When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with this clause 8.
  1. Limitation of liability
    • TBG cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of TBG, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors.
    • TBG SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
    • YOU HEREBY INDEMNIFY TBG AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
  2. Additional Terms Relating to the Website
    • We will use reasonable endeavours 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.
    • TBG may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that TBG will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
    • If you fail to comply with your obligations under these Terms, including any incident involving payment of the price of an order for any Products, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
    • TBG is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and TBG, in whole or in part, on notice to you. TBG shall only be liable to refund monies already paid by you (subject to these terms and any Returns Policy), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
    • At any time, you can choose to stop using the Website, with or without notice to TBG.
    • The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of TBG and/or is licensed to TBG.
    • You will not acquire any right, title or interest in or to the Website or the Website Content.
    • Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms or otherwise provided for in law.
  3. Disclaimers
    • The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
    • Whilst TBG takes reasonable measures to ensure that the content of the Website is accurate and complete, TBG makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by TBG’s representatives, TBG shall not be bound thereby.
    • TBG disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
    • Although Products sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
    • Any views or statements made or expressed on the Website are not necessarily the views of TBG, its directors, employees and/or agents.
    • In addition to the disclaimers contained elsewhere in these Terms, TBG also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of TBG, its employees, agents or authorised representatives. TBG thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
  4. Governing law and jurisdiction 
    • These Terms and our relationship and/or any dispute arising from or in connection with these Terms shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms.
    • In the event of any dispute arising between you and TBG, you hereby consent to the non-exclusive jurisdiction of the Magistrates Court of the Republic of South Africa notwithstanding that the quantum in the action or proceedings may otherwise be above the monetary jurisdiction of that court.
    • Nothing in this clause 23 or the Terms limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
  5. Notices and Complaints
    • TBG hereby selects Hathorn House, 27 Hathorn Avenue, Maryvale, Johannesburg, 2192 as its address for the service of all formal notices and legal processes in connection with these Terms. TBG may change this address from time to time by updating these Terms.
    • You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving TBG not less than 7 days’ notice in writing.
    • Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent -
      1. by hand will be deemed to have been received on the date of delivery;
      2. by prepaid registered post, will be deemed to have been received 10 days after the date of posting; and
      3. by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTIONto serve as proof that an email has been received.
    • If you have a complaint about the goods or services provided by us or require information regarding our internal complaints-handling process, please get in touch with us at shop@buddigroup.com.
  6. Information
    • For the purposes of the ECT Act, TBG’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
      1. Full name: The Buddi Group (Pty) Ltd, a private company registered in South Africa with registration number 2015/326267/07
      2. Main business: Financial Services, E-Commerce Services
      3. Physical address for receipt of legal service PO Box 73772, Fairland, 2030 with physical address: First Floor, Harrow Court Building, Isle Of Houghton Office Park): (marked for attention: The Operations Manager)
      4. Office bearers: The Executives
      5. Phone number: +27 10 140 1586
      6. Email address: shop@buddigroup.com
  1. General
    • TBG may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
    • You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms to any third party.
    • Any failure on the part of you or TBG to enforce any right in terms hereof shall not constitute a waiver of that right.
    • If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
    • No variation, addition, deletion, or agreed cancellation of the Terms will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
    • No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
    • These Terms contain the whole agreement between you and TBG and no other warranty or undertaking is valid, unless contained in this document between the parties.