T’s and C’s
Thebusinessroots.com (“the Site”) enables registered users to shop online for local clothing and international shoes brands (“the Products”).
All visitors with the ability to browse and view products will be able to make purchases on completion of the ordering details.
2 LEGALLY BINDING CONTRACT
All Users who purchase any products on the Site (“Purchasers”) are bound by these terms and conditions (“T&C”) and by browsing or using the Site in any way, you hereby acknowledge that you have read and accepted these T&C.
If you do not agree to these T&C, do not continue to use the Site. Your continued use of the Site will constitute acceptance of the T&C, unmodified by you.
3 WHO YOU ARE CONTRACTING WITH
The Site (Thebusinessroots.com) is owned and operated by The Business Roots (Pty) Ltd, registration number 2017/004797/07, a company incorporated in the Republic of South Africa (hereinafter referred to as “The Business Roots”).
4 PRODUCTS & AVAILABILITY
Please note that stocks of all Products on offer are limited.
The Business Roots shall take all reasonable efforts to ensure that when stock is no longer available, that offers thereof are discontinued. However, should The Business Roots be unable to fulfil any Order placed by you at the advertised price due to stock having sold out, The Business Roots will notify you.
5 PURCHASING PRODUCTS
The Site will enable you to place electronic orders (“Order”) for one or more Products offered, for so long as such Products are still available and have not sold out.
A purchase agreement between you and The Business Roots (“Purchase”) only comes into effect if you electronically submit a properly completed Order for one or more Products in your shopping basket.
Products cannot be reserved for later purchase, and placing a Product in your shopping basket without completing the purchase does not constitute an Order for, or a Purchase of such Product. Consequently, prior to actual Purchase, The Business Roots may remove any Product from your shopping basket if stock of the Product is no longer available. You cannot hold The Business Roots liable if any Product is not available when you attempt to complete the Purchase at a later stage.
The invoice in respect of your Purchase will be available online in the “My Account” section of the Site. A copy of such invoice will also be emailed to you.
6 TERMINATION OF PURCHASES & CANCELLATION OF ORDER
6.1 By The Business Roots: The Business Roots reserves the right to refuse to accept or process payment on any Order and/or to cancel any Purchase, in whole or in part, on notice to you.
By You: You are entitled to cancel any Order/s or Purchase/s as provided for in the Returns Policy.
6.2 Please note that all goods bought on Thebusinessroots.com website will only be returnable via The Business Roots (as stipulated in the Returns Policy). No returns will be accepted, alternations made, manufacturing defaults corrected or exchanges offered at any of the store chains, independent stores, independent designers or boutique stores who sell on Thebusinessroots.com
7 AMOUNTS PAYABLE BY YOU
The price of each Product is displayed with the Product listing. In the event of a sale or special offer, the discounted price is displayed.
7.2 Delivery Charges
Save for certain exceptions, delivery is free of charge within Pretoria. You will in any event be informed of any delivery charges prior to the finalisation of your Order.
The Business Roots shall take all reasonable efforts to accurately indicate Purchase Prices and delivery charges. However, should Products be erroneously offered at incorrect Purchase Prices and/or delivery charges, The Business Roots will not be obliged to sell Products at such incorrect Purchase Prices and/or delivery charges and shall only be liable to refund monies paid should you not wish to proceed with the Purchase at the correct Purchase Price and/or delivery charge.
Under no circumstance will The Business Roots be subject to or accept laybys of any of the products sold on the site.
8.1 Place of delivery
The Business Roots only delivers Products within Pretoria.
As Purchaser, you will be able to specify the place of delivery within Pretoria, and the contact number(s) to be used in relation to the delivery, for each Order when you place such Order.
Products will be delivered to the delivery address specified by you during the Order process or a nearby mall at your convenience upon appointment of such an arrangement. If nobody is at the address when the delivery is made, our courier will contact the mobile number you provided to us in the relevant Order. Our courier will attempt re-delivery one more time thereafter, but if delivery is again unsuccessful. It will be your responsibility to contact The Business Roots to either arrange that you collect the package from our preferred location or to agree upon a new delivery date with the courier at your expense. If you have not contacted the courier within a reasonable time, then the package will be held for 5 working days and then returned to the store.
8.2 Delivery time and delays
Unless otherwise stated to you prior to placing the Order to final confirmation thereof, the estimated shipping time for an order is between 3 and 7 working days from the date of your purchase.
The Business Roots may also notify you of the dispatch of your Order via email (to the email address we have on record for you) summarizing the Products sent.
8.3 Partial Delivery
You will be informed of the partial delivery of an Order by e-mail. A second e-mail will be sent informing you of the delivery of the other Products ordered, if applicable.
In the event of a partial delivery, there will be a delivery note in the package summarising the Products which can be found inside it.
8.4 Delivery Made
Each delivery is deemed to have been made once the Product has been handed over to an individual at your chosen delivery address, including when this is done by the courier.
It is your responsibility as Purchaser, to ensure that you check the package upon arrival and make any reservations and claims which might appear to be justified, or even to refuse the package, if it is likely to have been opened or if it shows clear traces of damage. The aforesaid reservations and claims must be sent to The Business Roots.
9 DEFECTS & RETURNS
In the instance where you are in the possession of a defective product, notice should be sent to firstname.lastname@example.org within 48 hours of product arrival where you would be entitled to exchange the product. The return policy on all the products is characterised by a 7 day period in which the item to be returned has not been stained, washed, cleaned, damaged or used. All items in this category are subject to exchange for any product/s equal to or more in terms of monetary value or in exchange for a coupon valued at the product price. This would follow where the difference between the products would be paid out by you the customer. Proof of payment in the form of attaching the invoice of the confirmed order is required.
The Business Roots may make electronic promotional coupons (“Coupons”) available from time to time. Promotional Coupons may be available through the Site and/or third party websites and/or other media.
Coupons can only be redeemed while they are valid (their specified expiry dates being unable to be extended), on the Site towards the purchase of Products listed on the Site.
10.2 Promotional Coupons
Promotional Coupons are issued at The Business Roots’ own discretion. Users do not have a right to Promotional Coupons and they cannot be earned.
Promotional Coupons are issued under specific terms and conditions regulating when and how they may be used. As a general rule, and unless specified otherwise on the specific Coupon itself –
• a Coupon can only be used with promotional offers on the Site;
• only one Coupon can be used per shopping basket; and
• the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.
Promotional Coupons cannot be –
• used to purchase other Coupons;
• exchanged for cash; or
• transferred or assigned to any other person.
Any person that delivers or attempts to deliver any damaging code to this Site or attempts to gain unauthorised access to any page on this Site shall be prosecuted and civil damages shall be claimed in the event that The Business Roots suffers any damage or loss.
You agree and warrant that your log-in name and password shall be used for your personal use only and not be disclosed to any third party.
You allow The Business Roots to take all reasonable steps to ensure the integrity and security of the Site and back-office applications.
Save for The Business Roots being liable to you –
• under the Consumer Protection Act 68 of 2008 (“CPA”) in relation to any Products sold by it to you via the Site; and
• under sections 43(5) and 43(6) of the ECT Act in relation to The Business Roots’ payment systems not being sufficiently secure,
neither The Business Roots nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Site or the Services or content provided from and through this Site. Furthermore, The Business Roots makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Site are free from errors or omissions or that the Service will be 100% uninterrupted and error free. You are encouraged to report any possible malfunctions and errors by way of email to email@example.com
Although the Products sold via the Site may be under warranty, the Site itself is supplied on an “as is” basis and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself prior to accepting these T&C that the service available from and through this Site will meet your individual requirements and be compatible with your hardware and/or software.
Information, ideas and opinions expressed on this Site should not be regarded as professional advice or the official opinion of The Business Roots and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Site.
13 GOVERNING LAW AND JURISDICTION
This Site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and, subject to the ‘Disputes’ clause of these T&C. You and The Business Roots submit to the non-exclusive jurisdiction of the South African courts.
Each and every provision of these T&C shall be deemed to be separate and severable from the remaining provisions of these T&C and if any of the provisions is found by any court of competent jurisdiction to be invalid and/or unenforceable then, notwithstanding such invalidity and/or unenforceability, the remaining provisions of these T&C shall be and remain of full force and effect.
The Business Roots shall take all reasonable steps to protect your personal information. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://us-cdn.creamermedia.co.za/assets/articles/attachments/03569_promo…
The Business Roots may electronically collect, store and use the following of your personal information:
• name and surname;
• birth date;
- e-mail address;
• country of residence;
- ID number / passport number.
• closest city;
• IP address; and
- non-personal browsing habits and click patterns;
The Business Roots collects, stores and uses the above mentioned information for the following purposes:
• to greet you when you access the Site;
• to inform you of any changes to these T&C;
• to inform you of facts regarding purchases made by you, including relating to delivery of Products;
• subject to your consent, to inform you of other facts relating to your access and use of the Site;
• subject to your consent, to inform you about competitions and special offers from The Business Roots and/or its partners / affiliates;
• to compile non-personal statistical information about browsing habits, click-patterns and access to the Site;
• to verify your identity when transacting with The Business Roots; and
• to ensure that the Products are received by the addressee.
Information detailed above is collected either electronically by using cookies or is provided voluntarily by you. You may determine cookie use independently through your browser settings.
You may elect not to receive any communications from The Business Roots and/or its partners / affiliates.
The Business Roots may collect, maintain, save, compile and share any information collected from you, subject to the following provisions:
The Business Roots shall not disclose your personal information unless you consent thereto or unless require for the purposes of any legal process.
• The Business Roots may compile, use and share any information that does not relate to any specific individual; and
• The Business Roots owns and retains all rights to non-personal statistical information collected and compiled by The Business Roots.
You acknowledge and agree that certain personal information (i.e. your full names, delivery address, email address, and contact number) will be disclosed to the courier company/ies used from time to time to enable delivery of Products Purchased to you.
15 CHANGES TO T&C
The Business Roots may, in its sole discretion, change these T&C or any part thereof at any time.
If you are a registered Member, The Business Roots will notify you of any such changes via email to the email address The Business Roots has on record for you. You will then be responsible for reading the revised T&C and ensuring that you are satisfied therewith and if not so satisfied, you are entitled to terminate your registration with The Business Roots.
If you are NOT a registered Member, The Business Roots will not be able to notify you of any changes to these T&C and it will be your responsibility to visit the Site to see whether the T&C have been amended and ensure that you are satisfied with the amendments. Should you not be satisfied with the amendments, you must refrain from using the Site in any way.
Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and The Business Roots on any matter provided for in, or arising out of these T&C, and not resolved through the Customer Relations Department of The Business Roots, then such a dispute may be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. The expedited arbitration rules may be downloaded fromhttp://www.arbitration.co.za/downloads/expedited_rules.pdf.
17 ADDRESS FOR NOTICES
The Business Roots chooses as its address for all purposes under these T&C, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following address: 36 La Paradise, 659 Great Dane Street, Garsfontein ext 10, 0081, South Africa.
18 TERM AND TERMINATION
These T&C shall commence from the date on which they are published on the Site and continue indefinitely, as amended by The Business Roots from time to time (as described above), for so long as the Site exists and is operational, The Business Roots being entitled to terminate these T&C and/or shut down the Site at any time subject to still processing any Purchases then already made.
If you fail to comply with your obligations under these T&C (in the sole discretion of The Business Roots) lead to suspension of your access to the Service, or even the closing of your account and access to the Site, according to the degree of seriousness of the action in question, without prejudice to any damages which The Business Roots might seek.
19 COPYRIGHT & OTHER INTELLECTUAL PROPERTY
Any and all copyright subsisting in the Site, including these T&C, vests in The Business Roots and all rights not expressly granted are reserved.
You may only download, view and print content from this Site for private and non-commercial purposes. To obtain permissions for the commercial use of any content on this Site please email us at Thebusinessroots@gmail.com.
The Business Roots cannot screen or edit all the content available from the Site and does not accept any liability for illegal, defamatory or obscene content. You are encouraged to inform The Business Roots of any content that may be offensive or illegal.
All the content, trademarks and data on this Site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to The Business Roots and as such are protected from infringement by local and international legislation and treaties.
20 ELECTRONIC COMMUNICATIONS
When you visit the Site or send e-mails to The Business Roots, you consent to receiving communications from The Business Roots electronically.
21 HYPERLINKS, FRAMING, SPIDERS AND CRAWLERS
No person, business or web site may link to any page on this Site without the prior written permission of The Business Roots. Such permission could be obtained by contacting us by email at firstname.lastname@example.org.
Hyperlinks provided on this Site to non-The Business Roots sites are provided as is and The Business Roots does not necessarily agree with, edit or sponsor the content on such web pages.
No person, business or web site may frame this site or any of the pages on this Site in any way whatsoever.
No person, business or web site may use any technology to search and gain any information from this Site without the prior written permission of The Business Roots. Such permission could be obtained by contacting us by email at email@example.com.
24 THE BUSINESS ROOTS CORPORATE INFORMATION
The ECT Act states that when goods or services are offered by way of certain electronic transactions, the seller thereof must make certain information about it available to customers on websites where the goods or services are offered.
The Business Roots’ information is as follows:
Full name: The Business Roots(Pty) Ltd t/a The Business Roots, registered in South Africa, registration number 2017/004797/07
Main business: online retailer
Address for receipt of legal service: 36 La Paradise, 659 Great Dane Street, Garsfontein ext 10, Pretoria, 0081, South Africa
Official email address: firstname.lastname@example.org
PROATIA: The manual published in terms of section 51 of the Promotion of Access to Information Act No 2 of 2000 may be downloaded from http://www.naspers.co.za
Code of Conduct: not applicable