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Terms and Conditions

bFORE MEDIA (PROPRIETARY) LIMITED

Registration number: 2008/017095/07

(“bFORE”)

STANDARD TERMS AND CONDITIONS

  1. Introduction:

    bFore provides its customers with a range of goods (“Products”) and services. All natural and juristic persons who contract with bFore are hereinafter referred to as “customers”.

  2. Who is bFore?

    bFore is a company registered in terms of the laws of the Republic of South Africa. In terms of the Electronic Communications and Transaction Act 25 of 2002 (ECTA), the customer is provided with the following information:

    1. Full name: bFore Media (Proprietary) Limited
    2. Legal status:A private company with limited liability duly registeredin terms of the laws of South Africa
    3. Registration number: 2008/017095/07
    4. Main business: online retailer
    5. Physical address: 62 Old Main Office Park, 62 Old Main Road , Kloof, KZN, 3610
    6. Address for receipt of legal service: 62 Old Main Office Park, 62 Old Main Road , Kloof, KZN, 3610
    7. Place of registration: 271 Kenyon Howden Road, Montclair, KZN
    8. Director: RFJ Palmer
    9. Telephone number: 031 818 0205 / 083 882 8513
    10. Fax number: 086 502 9272
    11. Webmaster: Red Giant Design Studio
    12. Website: https://bfore.co.za
    13. Official e-mail address: [email protected]

  3. Help with applying for Loans from Financial Institutions:

    1. Customers who require assistance in applying for loans from financial institutions may complete bFore’s information form which bFore shallsubmit on behalf of the customer to various financial services forconsideration. bFore shall submit the information only to those financial institutions which it selects in its sole and absolute discretion.
    2. bFore does not lend money to its customers and it does not decide or influence whether or not a financial institution will lend money to the customer. The financial institution shall in its sole and absolute discretion decide whether or not to lend the customer money and on which terms.  
    3. bFore does not and will not provide financial advice to the customer. 
    4. The customer shall have no claim against bFore under any circumstance, should any financial institution decide not to lend the customer money for whatever reason or should any loanagreement not be in the customer’s interest.
    5. The terms of any loan agreement entered into between any financial institution and that customer are between the financial institution and the customer only and bFore shall not beconstrued to be either a party, an intermediary or a financial adviser in relation to the agreement. 
    6. Should a financial institution agree in principle to lend money tothe customer but for any reason whatsoever, then withdraw its approval, the customer shall not have any claim against bFore asa result of the withdrawal. 
    7. Customers applying for loans shall ensure that there is no material change in their circumstances between the time of applying for the loan and the time of the loan amount being paid to the Customer.
    8. The customer does not pay bFore for the service of forwarding the information provided by customer to the financial institutions. If the customer’s loan is successful, however, the financial institution may pay bFore a fee for submitting the loan application on behalf of the customer.
    9. bFore shall only submit that information received by customers to the financial institutions selected by bFore. All information received by bFore shall only be used to apply for the loan and shall not be used for any other purpose.
    10. The customer is responsible for providing the correct information to bFore for onward submission to the financial institutions. By providing such information to bFore, the customer gives its permission for the collection, collation, processing or disclosure of the customer’s personal information for the purpose of the customer’s loan applications.
    11. bFore shall not be responsible for the consequences following the submission of any incorrect information by the customer.
    12. The customer shall elect and provide full and accurate details of the bank account into which the loan amount is to be paid.

  4. Purchasing Products:

    1. How to order and pay for Products:
      1. Products available to the customer are displayed on bFore’s website. The customer may select any products displayed on bFore’s website.
      2. Once a product is selected by the customer, the customer shall offer to purchase the selected product by using bFore’s electronic order form at the price displayed on bFore’s website.
      3. bFore may in its sole and absolute discretion accept or reject the customer’s offer which acceptance or rejection shall be communicated to the customer via e-mail.
      4. The customer shall pay bFore the purchase price using the various options available for payment as provided on bFore’s electronic order from.
    2. Prices:
      1. bFore will endeavour to ensure that all prices and information regarding Products advertised on the website are correct.
      2. If prices are incorrectly displayed on the website, bFore will not be bound by the incorrect prices. In such instances bFore can decline the customer’s offer and choose not to sell the Product for the incorrect price.
    3. Payment:
            1. Payments can be made to bFore in the following manner:
              Credit Card using the PayFast system;
              Electronic Funds Transfer (“EFT”) using the PayFast system;or
              Direct EFT into bFore’s bank account.
              Cash deposit directly to bFore’s bank account.
              CreditCart product finance.

       

            1. bFore’s bank account details are as follows:
              Name of the account: Bfore Media
              Bank: Nedbank
              Branch Code: 123825
              Bank account number: 1238007163
            2. Customers must use their surnames and order number as their reference when making payment. bFore cannot be responsible for any delays or misallocation of payments received as a result of the customer failing to include such information.
            3. bFore shall not disclose the Customer’s payment information to any third party without the Customer’s consent.
    4. Product information:
      1. bFore will endeavour to ensure that all information regarding Products on its website is correct.
      2. If a Product has been incorrectly described on the website, the customer may cancel the sale and return the Product for a full refund within 10 (ten) ordinary days.
    5. Availability
      1. The stock of all Products displayed on bFore’s website is limited by the availability from its suppliers.
      2. bFore will endeavour to remove Products displayed as soon as stock of the Products is no longer available.
      3. bFore will not be responsible or liable for any damage whatsoever if bFore does not have stock of Products advertised on its website.
    6. How Products are Delivered or Collected:
      1. Once the purchase price for the product has been paid by the customer to bFore, the product will be delivered to the customer via courier, except for certain cellular products which will be delivered to the customer by the relevant network supplier (e.g.Cell C, MTN or Vodacom).
      2. Products will be delivered to the customers nominated address on any Monday to Friday (excluding Public Holidays) between 08h00 (8:00 am) and 17h00 (5:00 pm) and no more than 15 days after the purchase price for the product has been paid and the order has been submitted to MTN.
      3. There will be a delivery fee for all products of R100.00 (one hundred rand) inclusive of VAT.
      4. BFore shall only make deliveries within the Republic of South Africa and shall make no deliveries outside the Republic of South Africa whatsoever.
      5. Customers may choose to collect any product which they have purchased by prior arrangement with bFore at one of bFore’s depots in which case no delivery fee will be charged for the product collected.
    7. Operating Manuals:
      1. All Products will be supplied to the customer with an operating manual compiled and provided by the manufacturer of the Product.
      2. It is very important that the customer reads the manual before handling and operating the Product.
      3. If the customer does not understand the operating manual,bFore can be contacted using the contact details on this website for assistance.
    8. Ownership Risk and Responsibility for Products:
      1. The customer will be responsible for the Product from the time that the Customer signs a delivery or collection note for the Product at which time the Product will be deemed to have been delivered to the Customer.
      2. From the time that the Product is delivered to the Customer,the risk in and to the Product passes to the Customer and the Customer will be responsible for the product. For example: if the Product is damaged by the Customer or is lost or stolen after the customer signs the delivery note, the customer will be responsible for the lost, stolen or damaged Product.
      3. Ownership of the product will pass to the customer on the date of payment of the purchase price in full except if the product is a cellular product in which event ownership of the simcard will only pass from bFore to the customer at the end of a period of 24 months and provided that all payments are made in full by the Customer to bFore.
    9. Damaged Products and Warranties:
      1. If the customer receives a damaged Product from bFore, the customer may return it to bFore in accordance with the customer’s rights in terms of the Consumer Protection Act 68 of 2008 (CPA).
      2. bFore will not be responsible for any damage caused by thecustomer failing or neglecting to follow the Product’s operating manual. For example: bFore will not be responsible forphysical damage, liquid damage or any misuse of the Product.
    10. Special Conditions in respect of Cellular Products
      1. All sim cards supplied by bFore to the customer are for a fixed period of 24 (twenty four) months.
      2. bFore remains the owner of any sim card provided to the customer during the aforesaid 24 (twenty four) month period. The sim card does not belong to the customer until the expiry of this period and then only provided that the customer has made all payments due by the customer during the 24 (twenty four) month period.
      3. Cellular products shall vary according to the package purchased.
      4. The customer shall be required to register the sim card in the customer’s name in terms of RICA (Act 70 of 2002) even though bFore is the owner of the sim card. bFore shall process the customer’s RICA registration on behalf of the customer.

    • The website

      1. bFore reserves the right to modify or withdraw its website either temporarily or permanently without the customers consent.
      2. bFore reserves the right to modify or amend these terms and conditions from time to time. Any transaction entered into prior to any particular modification or amendment of the terms and conditions will be dealt with in accordance with the terms and conditions as they were at the time that the transaction is concluded.
      3. The customer consents to bFore’s rights set out above.

    • Use of bFore’s website:

      1. The customer may only use bFore’s website to browse the Products and services available and to purchase products or engage bFore’s services.
      2. The website may not be used for any other purpose whatsoever.
      3. The website may not be copied or reproduced or tampered with in anyway.
      4. Notwithstanding the provisions of section 43(5) and 43(6) of theECTA, bFore shall not be liable for any claims howsoever arising from the use or inability to use the website.
      5. bFore does not warrant in any way that the content on the website isfree of any viruses, errors or interruptions.
      6. bFore does not warrant that the website is compatible with the customer’s hardware or software.

    • Electronic communications:

      1. When the customer visits bFore’s website and when the customer sends bFore e-mails, the customer agrees that he or she is communicating with bFore electronically.
      2. The customer consents to receiving communications from bFore electronically. Such communication shall be either via e-mail or by posting notices on bFore’s website.

    • Access to information:

      bFore’s manual in terms of section 51 of the Promotion of Access to Information Act, No. 2 of 2000 may be downloaded from its website.

    • Privacy

      1. All information which the customer provides bFore will only be used for the supply of goods and services to the customer and shall not be used for any other purpose.
      2. None of the customer’s personal information shall be sold or made available to anyone other than in the supply of the goods and servicesto the customer.

    • Cooling Off Period:

      1. In term of section 44 of ECTA, the customer is entitled to cancel without reason and without penalty any transaction and any related credit agreement for the supply –
        (a)of goods within seven days after the date of the receipt of the goods; or
        (b)of services within seven days after the date of the conclusionof the agreement.
      2. The only charge that may be levied on the customer upon a cancellation in terms of section 44 of ECTA is the direct cost of returning the goods.
      3. If the payment of the goods or services has been effected prior to acustomer exercising the right referred to above, the customer isentitled to a full refund of such payment, which refund shall be made within 3 working days of the date of cancellation.

    • Legal Advice:

      1. The customer understands that he or she is free to seek legal andother advice before accepting bFore’s terms and conditions andbefore purchasing any Products or engaging bFore to render any services.
      2. Only the terms and conditions contained herein shall apply to the supply of services by bFore or the sale of the Products. No other terms and conditions (as amended from time to time) will apply to any transaction between bFore and the customer apart from those terms,conditions, rights and obligations which are necessarily imposed by law.
      3. These terms and conditions must be read together with and interpreted in terms of the Consumer Protection Act and the Electronic Communications and Transactions Act, which Acts are made available on bFore’s website. Where there is a conflict between these terms and conditions and either the Consumer Protection Act 68 of 2008 or the Electronic Communications and Transactions Act 25 of 2002, the aforesaid Acts shall prevail.
      4. Each term or condition of this contract is severable and in the eventthat any one or more of the terms and / or conditions is found to beunenforceable, then the remaining terms and conditions shall remain valid and enforceable

    • Governing Law

      bFore is registered and conducts its business in the Republic of South Africa.The law governing these terms and conditions is the law of the Republic of South Africa.

    • Disputes:

      1. If there is any dispute between the customer and bFore arising out of these terms and conditions or any transaction between them, and provided the parties are unable to resolve the dispute, then the parties irrevocably agree to refer the dispute for arbitration.
      2. The dispute shall be referred to the Arbitration Foundation of South Africa who shall appoint an independent practising advocate of atleast 10 years standing to be the arbitrator.
      3. The parties agree that the arbitration will be kept confidential and the expedited rules will be used to resolve the dispute.
      4. Any notice, process or document which needs to be delivered orserved on bFore must be served at its registered address set out above and a copy must be sent via e-mail to [email protected]

    • Verbal representations:

      The customer agrees that no verbal alteration, amendment or modification ofthese terms and conditions shall be binding on the either of the Parties.

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