TERMS AND CONDITIONS OF USE
- The BASSINC Terms and Conditions (T&Cs), which include any Policies on the BassInc. website (“we”, “use” and “our”), apply to the ordering, sale and delivery of goods and services, access to the information and use of this Website by Customers (“you”, or “your”).
- The website BassInc. is the website used to sell goods for the registered business Tackle Store t/a BassInc..
- By using this Website you are bound by and agree to these T&Cs, which we may change without notice from time to time. If you do not agree to any of the T&Cs you should not continue to use the Website.
- These Terms and Conditions are important and should be carefully noted as they contain provisions which, within the limits of the Consumer Protection Act, may limit BassInc.’s risk or liability, create risk or liability for you as a consumer, may compel you to indemnity BassInc. and serves as an acknowledgement by you of any fact.
- Should you not understand any of the contents of these T&Cs, you are advised to contact BassInc. to assist with further explanation of the T&Cs before accepting them.
- By using the Website or communicating with the Provider by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.
- As provided for in section 42(2)(a) of the Electronic Communications and Transactions Act, you acknowledge and agree that Section 44 of the Act (the Cooling-off period) does not apply to transactions concluded by means of the Website.
Website & Social Media
- You agree to use the Website for lawful purposes only. Without derogating from the generality of the aforegoing, if you should choose to access or use this Website from locations other than the Republic of South Africa, you do so at your own initiative and you are responsible for compliance with applicable local laws.
- You will be required to provide certain information, in order to purchase Products that are displayed on our website, which may including personal information.
- Use of our website confirms your understanding and acceptance of the Terms and Conditions, and you will be bound by these T&C’s during all transactions relating to the purchase of Products from our website.
- You are prohibited from posting or transmitting, by means of reviews, comments, suggestions, ideas, questions or other information through the Website and Social Media Platforms, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind, which content includes but is not limited to:
- any content that may fall within the scope of Section 9 of the Constitution of the Republic of South Africa, which prohibits discrimination on the grounds of, inter alia, race, sex, gender, marital status, religion; or
- any content that encourages conduct that would constitute a criminal offence or give rise to civil liability, or otherwise violate any applicable local, provincial, national, or international law; or
- any content that constitutes an invasion of privacy; or
- any content that is an infringement of any intellectual property right; or
- any content that contains software viruses; or
- any content that constitutes a political statement, commercial solicitation, or “Spam”.
- Although we do not purport to review (nor are we under any obligation to review) any submitted content, we reserve the right to remove any content from the Website and Social Media Platforms where we deem such content, in its sole and absolute discretion, to be an infringement of Clause 4 or harmful in anyway whatsoever. Should you place on or submit to the Website or Social Media Platforms any such harmful content or should you breach any clause in these T&Cs, we may immediately terminate and/or suspend your access to all or parts of the Website or Social Medial Platforms, without any further notice to you.
- The following activities on or through the Website and Social Media Platforms are expressly prohibited:
- any non-personal or commercial use of any robot, spider, other automatic device or technology, or manual process to monitor or copy portions of the Website or Social Media Platforms or the content contained thereon, without the prior written authority of BassInc.; and
- the collection or use of any listings, descriptions, and/or price lists from the Website or Social Media Platforms for the benefit of a competing merchant that supplies products comparable to those offered on the Website; and
- any use or action that imposes an unreasonable or disproportionately-large load of traffic on the Website or Social Media Platforms, or otherwise interferes with the proper and timely functioning of the Website of Social Media Platforms;
- any attempt to gain unauthorised access to the Website or its related systems or networks;
- accessing the Website for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purpose; and
- the reverse engineering or decompiling of the Website to (without limitation) (i) build a competitive product or service; (ii) build a product using similar ideas, features, functions or graphics of the Service; (iii) copy any ideas, features, functions or graphics of the Website.
- When you register on the Website, you will be required to provide certain access details, including a username and a password. You are responsible for maintaining the confidentiality and security of your User Name and Password for access to the Website and you accept full liability for all activities that occur on or involves the Website under your User Name. You may not:
- allow other people to use your User Name and Password; or
- impersonate another User or any third party; or
- provide false information to gain access to the Website.
- You also warrant your identity (in other words, you are who you say who you are), and that you can prove your identity should we require you to do so.
- Although reasonable steps have been taken to ensure the accuracy and completeness of the contents, data and information on this Website, there may be instances where such information proves inaccurate or incomplete. Before making any decision or taking any action which might affect you or your business, you should take all reasonable steps to ensure and verify the accuracy of the contents, data and information obtained from this Website, especially if certain information appears to be inaccurate, particularly product pricing and promotional content.
- Without limiting the generality of the aforegoing, this Website could include technical, typographical or other inaccuracies and you are urged to contact your own professional advisors to confirm all information contained on this Website prior to placing reliance thereon. Changes are periodically made to the information herein and these changes will be incorporated in new editions of this Website.
Products & Stock Availability
- Prices displayed on our website are subject to change without notice.
- Orders placed may be declined or cancelled in the event of Products being out of stock, damaged Products, incorrect Product information, incorrectly displayed prices, and due to payment for Products not being received or payments not being authorized by BassInc..
- We will notify you as soon as we can if any Items Ordered are not available.
- Payment is subject at all times to BassInc.’s agreements with its bankers and the outsourced financial transactions service provider.
- All transactions are conducted in South African RAND (R) (ZAR)
- You may have the option to pay through PayU Payment Solutions (Pty) Ltd. When PayU Payment Solutions (Pty) Ltd processes a transaction for you via any of their secure payment web services, the transaction is encrypted. The PayU Payment Solutions (Pty) Ltd security policy can be found at: https://www.payu.co.za/
faqs/security. Please also read the PayU Payment Solutions (Pty) Ltd Terms and Conditions, located at: https://www.payu.co.za/ legal.
- You may be offered the option to pay for your online orders and delivery costs using several payment options, dependent on the country you select on our Website, including where available:
- Credit, cheque or debit card.
- All online credit card payments are processed by PayU. Please go to their site to view their T&C’s
- Bank deposit or EFT.
- Payment by EFT will be by special arrangement only. Please contact us for further details
- Please note that payment via EFT can take up to seventy two (72) hours to reflect in our bank account, depending upon the bank that you use and available funds in your bank account.
- If we have not received your payment within seventy two (72) hours, your Order will not be accepted and will be automatically cancelled.
- Paypal (refer to Paypal’s terms and conditions, which you will be bound by when using this payment method)
- Snapscan(refer to Snapscan’s terms and conditions, which you will be bound by when using this payment method)
- Credit, cheque or debit card.
- We regret that we do not accept cheques.
- Once your payment has been received you will be issued with acknowledgement of payment and the delivery process will then commence.
Delivery & Returns
- Due to the nature of Product, delivery options may differ per product.
- Standard delivery time may vary and can be expected to take between 3-7 days for in stock items. Delivery requiring supplier stock may take longer.
- Delivery fees vary depending on your selected delivery option and Items ordered. The delivery fee will be displayed during the ordering checkout process, but before checkout has been finalized.
- We will notify you via email as to the process of your Order
- Upon delivery or collection of your Order a delivery/collection note will be issued for signature, reflecting the Items that are being delivered or collected, delivery fees and the amount paid.
- You should always check that the Items being collected or delivered are correct and are free from any defects. Should the packaging be damaged and you accept the Order without fully inspecting the Items you should add a note on the delivery note stipulating that the packaging was damaged, or items were not inspected. Where there is an issue with the Items detected after acceptance of the Order, you should notify us without delay in order for us to be aware of any issues with the Items and in order for arrangements to be made for the items to be returned and refunded.
- The Provider will supply all goods to the delivery company in good order. The Provider will not be held liable for the condition of goods arriving at the User’s chosen delivery address.
- Although reasonable care shall be taken, we cannot accept responsibility for incorrect delivery details that have been provided to us, or if an unauthorised person at your chosen delivery address accepts delivery of your Order, as we do not verify the identity of the person at the delivery address who signs the delivery note.
- For purposes of this clause “we, us, our” shall include any agent or independent contractors who may be responsible for delivery on behalf of us which shall also include Fastway, South African Postal Office or a courier services.
- The provision of goods and services is subject to availability. In cases of unavailability, the provider will place the items on backorder and will ship when next available.
- The Provider reserves the right to cancel an order for which payment has already been received. This may occur if stock is insufficient or the quality of goods ordered does not meet the Provider’s standards. Should the Provider exercise this right, the User will receive a full refund with no deductions.
- Any complaints regarding the standard and quality of the product or products bought by consumers through the e-commerce facility should be directed to the Bassinc. at firstname.lastname@example.org
- Should you not be satisfied with any Item/s purchased on our website, you may return for refund, credit or exchange unused Items in a saleable condition within 30 (thirty) calendar days, directly to our Cape Town office, subject to producing proof of purchase Returns may be conditional upon you submitting photographic proof of the quality issue or defectiveness of the Product before we will approve the refund.
Cancellation & Refund
- You may cancel your Order prior to us sending you the Order shipping notification. Should you cancel Orders after we have sent out the Order shipping notification a shipping fee will be deducted from your refund.
- Qualifying refunds will be processed as follows:
- Where EFT and cash payments were made and returns are processed in store, a gift voucher or cash refund will be processed (cash refunds are only applicable where Items were returned within 7 (seven) days from purchase.
- Where purchases were made using gift voucher, refunds will be processed by using a further gift voucher to the value of the approved refund.
- Where Items were purchased using credit or debit cards and returns are processed using the courier services your credit or debit card will be funded within 30 (thirty) days of receipt of the returned Items on condition that they are in acceptable condition, except where the Product is defective.
- Paypal refunds (refer to Paypal’s terms and conditions)
- Our suppliers may offer a guarantee or warranty on their their goods against breakage and apparent faults within a certain period (which is fixed from the date of purchase as stated on the invoice). Their policy is to exchange the products if it is apparent that a factory fault caused a problem. If an article has been abused or tampered with, then the onus is on the suppliers to decide whether it will be replaced or fixed.
- We cannot exchange any product without prior approval from the supplier thereof.
- Normal Wear & Tear is excluded from any guarantee.
Changes, Suspension & Termination
- We may alter and/or amend the Website at any time without giving notice to you,
- We may suspend or terminate the Website at any time without giving notice to you.
- We may terminate your account at any time for any reason, including any improper use of this Website or your failure to comply with any provision of these T&Cs.
- Such termination shall not affect any right or remedy to relief to which BassInc. may be entitled.
- Upon termination of the Website or your account, all rights granted to you will terminate and revert to BassInc..
- BassInc. may at any time modify these T&Cs without notice to you. If you are not satisfied with the amended T&Cs, you should refrain from using the Website, as your continued use of the Website is deemed to constitute your acceptance of the Terms and Conditions as amended and in force at the time of your use.
- We will however give you notice where we have collected personal information from you and the purpose for which we collected that information is affected by the intended modification.
- We accordingly advise you to read and take note of these T&Cs each and every time you visit the Website, as they may have been modified since your last visit. You shall be deemed to have read and accepted the latest version of the T&Cs available on the Website whenever you visit the Website.
- The Products supplied by us shall be suitable only for the purpose designed and intended and you shall ensure the Products are handled, stored, installed, used, worn or otherwise dealt with in a normal and reasonable manner, and where applicable, in a manner consistent with the instructions given when the Products were purchased.
- We shall not be liable for any action or claims for injury or damages of whatever nature arising from or in connection with use of the Products in breach of these T&Cs.
Limitation of Liability
- Whilst every attempt is taken by BassInc. to ensure your security when making use of the Website, due to the nature of the Internet we are unable to guarantee that any products and services or any websites accessible via the Website will be uninterrupted or virus or error-free. We therefore caution you to check all emails, attachments and files before downloading them.
- We may provide links to other websites, social media sites or resources. We are unable to accept, and do not accept, responsibility for these websites, social media sites or resources; nor have we endorsed their content, products or services merely because they are accessible via the Website.
- While we make all reasonable efforts to ensure that all information provided by us in connection with the Website is accurate at the time of its inclusion on the Website, you acknowledge and understand that there may be errors, including incorrect prices, inaccuracies or omissions in respect of which we exclude all liability. We make no representations, guarantees or warranties of any nature whatsoever concerning the information included on our Website and web pages (including, but not limited to, links to third parties’ web pages). You shall be solely responsible for any decisions or actions you take based on the information contained on such web pages.
- While we take all reasonable steps to safeguard the security of any information you input or send to us in connection with the BassInc. Website, by using secure services and encryption technology where we deem appropriate, we accept no responsibility or liability whatsoever, as far as the law allows, for any damages that you may suffer as a result of the breach of the confidentiality of such information.
- You hereby agree, to as far as the law allows, to indemnify BassInc. against any loss, claim or damage suffered, or liability sustained by your or any third party acting for you, due to your or their use of our website and/or any thirty party websites linked to our website.
- We shall not be liable to you in contract, delict (including for negligence) or otherwise:
- for any amount in respect of any damage or loss arising from the consequences of your use of the Website, viruses received by you via the Website or of our failure to provide the Website in accordance with this Agreement; or
- for any economic losses or damages, any indirect, special or consequential loss (including (without limitation) loss of data, goodwill or reputation or any wasted expenditure) including but not limited to losses arising from your use of the Website or through any viruses; or
- for any failure to perform our obligations or failure to perform our obligations properly as a result of our being prevented from doing so by an event beyond our reasonable control (which may include, without limitation, strikes; labour disputes; acts of God; war; riot; civil action; malicious acts or damage; compliance with any law, governmental or regulatory order, rule, regulation or direction; any act or omission of any government or other competent authority; accident; equipment or services failure, including the unavailability of third party telecommunications services, lines or other equipment; the failure of third party suppliers to comply with their obligations to us; fire; flood or storm).
- Each provision of this clause operates separately. If any part is held by a court to become unenforceable due to voidness, invalidity, illegality or unlawfulness, then the other parts shall be severable and shall still apply in their entirety.
- All content included on this Website, such as text, graphics, logos, buttons, icons, images, photographs, audio clips, databases and software (“the Content”), is the property of BassInc. or its content suppliers and is protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on this Website is the exclusive property of BassInc. and is protected by South African and international copyright laws.
- Except as stated herein, none of the material may be copied, reproduced, distributed, published, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, except as permitted by the fair use privilege under the South African copyright laws or with the prior written permission of BassInc. or the copyright owner.
- You may not “mirror” any content contained on the Website on any other server unless with the prior written permission of BassInc..
- All trademarks and trade name are and shall remain the exclusive property of BassInc..
- The unauthorised submission, removal, modification or distribution of copyrighted or other proprietary Content is illegal and could subject you to criminal prosecution as well as to personal liability for damages.
- Should you breach and of these BASSINC Terms and Conditions we reserve the right to cancel any Order and/or your website registration, notwithstanding our rights to exercise other legal remedies available to us.
- These Terms are governed by the laws of the Republic of South Africa.