TERMS and CONDITIONS
Terms and Conditions of Use Relating to www.bambury.co.za.
These Terms and Conditions ("the Terms and Conditions") govern your ("the User") use of the Bambury website located at the domain name www.bambury.co.za ("the Website"). The owner of this Website, the authors of these contents and in general anybody connected to this Website in any way, are from now on collectively called “the Providers”. By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. The User may not access, display, use, download, and/or otherwise copy or distribute content obtained on the Website for marketing and other purposes without the consent of the Provider.
The Website www.bambury.co.za sells children’s toys online. Bambury is an importer and distributor of children’s toys and arts & crafts products and has been active in this market for the past 11 years. We represent The Orb Factory in Southern Africa and are the sole distributor of their products.
Use of Website
You may only use this Website to browse the content, make legitimate purchases and shall not use this Website for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase. This Website and the content provided in this Website may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. ‘Deep-linking’, ‘embedding’ or using analogous technology is strictly prohibited. Unauthorized use of this Website and/or the materials contained on this Website may violate applicable copyright, trademark or other intellectual property laws or other laws.
Disclaimer of Warranty
The contents of this Website are provided “as is” without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement.
The Providers, assume no responsibility for errors or omissions in these contents.
The Providers further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of these contents. The Providers shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including, without limitation, data loss, lost revenues and lost profit) which may result from the inability to use or incorrect use, abuse, or misuse of these contents, even if the Providers have been informed of the possibilities of such damages. The Providers cannot assume any obligation or responsibility.
The use of these contents is forbidden in those places where the law does not allow this Disclaimer of Warranty to take full effect.
We reserve the right to:
1. Modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
2. Change these Terms and Conditions from time to time, and your continued use of the Website (or any part of the Website) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms and Conditions have been changed. If you do not agree to any change to the Terms and Conditions then you must immediately stop using the Website.
We will use our reasonable endeavors to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.
Any information gathered in the online forms on the Website is used to personally identify users that subscribe to this service. The information will not be used for anything other than that which is stated in the Terms and Conditions of use for this service. None of the information will be sold or made available to anyone.
The Website may collect certain information about your visit, such as the name of the Internet Service Provider (ISP) and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the Website; the pages that you access while at the Website and the Internet address of the website from which you linked directly to our Website. This information is used to help improve our Website, analyze trends, and administer the Website.
The Website may use cookie and tracking technology depending on the features offered. Cookie and tracking technologies are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Website, and understanding how visitors use the Website. Cookies can also help customize the Website for visitors. Personal information cannot be collected via cookies and other tracking technologies; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie information and tracking information may be shared with third parties.
Third Party Links
In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
Product lead-time is dependent on stock availability. Should we have stock available, orders will be dispatched the same day provided payment is received and validated before 1400 hours. Should the product not be in stock, we will contact you via email to advise on when the stock will be available and wait for your email advice as to whether we should proceed with the order.
Every effort is made to effect shipment of your order timeously however unforeseen circumstances may cause delays. If delays do occur, Bambury will contact you via email and provide you with a revised shipping schedule.
When you click to make a purchase with us, legal obligations arise and your rights to refund of monies charged to your credit card or paid in any other way agreed by us, are limited by our Terms and Conditions. You must not make any purchase through this Website unless you understand and agree to all of our Terms and Conditions. Once payment is made for a purchase, it is deemed that you have read and understood the Terms and Conditions for such purchase. If you have any queries please contact us before making any purchase for any service through this Website.
We will ship anywhere in South Africa or internationally, directly to your door or your place of work, whichever suits you. We also ship to farms, but this will increase the delivery fee. The only locations we will not ship to are Private Bags or PO Boxes, where a person is not available to accept the order.
Local orders placed and paid for before 14h00 will generally be delivered within 24 hours except to farms and smaller towns. International order will be shipped with a courier that uses shipment tracking which will allow you to track the delivery progress of your order.
Please ensure the correct shipping address is provided from the outset as title and risk will pass to you once the order has left our premises.
Occasionally packages are returned to us undeliverable. If delivery is made and you are not available at your specified delivery address and/or your phone number is not working, resulting in the shipment been returned to Bambury - you will be liable for the additional shipping costs due to the re-shipment required.
Order processing will not begin until we receive a confirmed order and payment in full.
Should you for any reason wish to cancel your purchase you will be liable for a 15% handling fee. You must advise us in writing of your cancellation and the person who made the original purchase must sign any such cancellation and email such to email@example.com. The goods must be returned to us undamaged in the original packaging within 7 calendar days of having received them
Bambury recommends that you use a courier service for all returns that offers shipment tracking through a 24 hours customer helpline. If you choose to use a courier that does not offer a tracking facility and the goods are lost then no refund or return will be considered.
International customers should make use of a courier service that offers:
1. Shipment tracking.
2. Insure your package for safe return and declare the full value of the shipment failing which loss or damage will be for your account.
Payment Options and Pricing
All transactions will be processed in South African Rands (ZAR). Bambury endeavors to offer you competitive prices on current products. Your total order price will include the price of the purchase plus any applicable sales tax and shipping charges (on the day of shipping).
Bambury reserves the right to change pricing at any time without prior notice.
1. Credit Card
We accept Master Card and Visa credit cards. If you do not have a credit card please utilise one of the other payment options, or simply log off and return to the Website at a later time to complete your order. All of your order details will be saved online under in the Your Account section available for use whenever you’re ready!
2. EFT (Electronic Fund Transfer)
If you wish to pay via EFT, once you have added items to your shopping cart, proceed to “Checkout” and follow the order processing instructions. Select the option to pay via EFT. You will then need to make payment via Internet banking. Use the unique order number in the reference line for your Internet payment. This should ensure speedy processing and delivery of your selected products.
Bank: First National Bank
Branch No.: 260950
Account Name: Bambury
Account No.: 62053239698
Account Type: Cheque
3. Direct Deposit
You may pay for your products through a direct deposit. It’s the same as doing an EFT payment (see banking details above) except you’ll have to go into your bank and physically make your direct deposit there. Please fax your deposit slip to us on 0866 726583 to ensure your payment is confirmed and order shipped as quickly as possible.
By accepting these Terms and Conditions you agree that on submission/ processing of your online credit card payment, Bambury may verify your geographical location through GSM Network technology. You therefore warrant that the mobile number entered on your account is correct and that you are the legal owner. This acceptance will be deemed as written consent (as set out in section 12 of the ECT Act) to have information relating your location to be made available to Bambury.
Virtual Card Services (VCS) process all credit card transactions. All credit card transactions are 128 bit Secure Socket Layers (SSL) encrypted. The company registration documents and the Website’s registered domain name are checked and verified by Thawte, ensuring the cardholder and merchant that nobody can impersonate VCS to obtain confidential information.
VCS is committed to providing secure online services. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. VCR Internet servers are protected by firewalls and intrusion detection systems.
The Merchant does not have access to credit details.
VCS continually reviews and enhances its security in line with technological changes.
We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Terms and Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).
These Terms and Conditions will be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.
Updating of these Terms and Conditions
We reserve the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
When you visit Bambury or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are the property of Bambury or its content providers and are protected by international copyright laws. The compilation of all content on this Website is the exclusive property of Bambury and is protected by international copyright laws. All software used on this Website is the property of Bambury or its software providers and is protected by international copyright laws.
If you use this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Bambury does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Bambury only with involvement of a parent or guardian. Bambury and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
I understand that all the designs and trademarks are registered to either Bambury or its content providers and are protected by international copyright laws and hereby accept these Terms and Conditions. I undertake not to copy/duplicate the trademarks and designs directly or indirectly in anyway and understand the legal implications thereof. Should I be found to be in violation of this agreement I understand that I will be held liable for all legal costs incurred by Bambury for any civil action or any legal action deemed necessary against me.
Postal address: PO Box 2785, Houghton, 2041, South Africa
Email address: firstname.lastname@example.org
Fax number: +27 (0)866 726583