Bag-it Terms & Conditions
The terms and conditions herein contained shall apply to any online website sale transaction entered into between Bag-it and the Customer. The Customer’s conditions of purchase shall not supersede these conditions of sale.
1: SCOPE
1.1 These standard terms and conditions (“ST&Cs“) govern all the sales of products to professionals (the “Products“) as offered on the website https://www.bag-it.org/ by Bag-it (the “Website and the Seller“) to any customer (the “Customer“) and worldwide.
1.2 Placing an order for Products entails the Customer’s full and unreserved adherence to these ST&Cs. In accordance with the law, these ST&Cs constitute the basis of the commercial negotiation and consequently prevail over any contradictory provisions that may derive from the Customer.
2: DEFINITIONS
“Customer“: Any legal entity or natural person purchasing Products from the Seller, for strictly professional purposes.
“Contract“: Set of documentation consisting of the Customer’s Order, these ST&Cs and any potential specific agreement which might be agreed upon by the Parties.
“Intellectual Property Rights“: any information belonging to the Seller or to any other person and in particular patents, trademarks, designs and models, whether registered or not, logos, trade names, trade secrets, copyrights, inventions, methods and original know-how, databases, technical, commercial or financial information or any other intellectual property right that is subject to protection in one or more countries.
“Party“: the Customer on the one hand, and the Seller on the other hand, referred to jointly as the “Parties”.
“Products“: the Products provided and marketed by the Seller, as presented on the Website including trend books and/or CD ROMs.
“Website“: the website https://www.bag-it.org/
“Seller“: the company Bag-it, specialised in the design, manufacture and marketing of the Products set out above.
3: PAYMENT
3.1 Payment of the full amount shall be made by the Customer upfront on placement of the order.
3.2 All prices that are displayed on the online www.bag-it.org website are VAT exempt currently
3.3 It is specifically recorded that Bag-it shall not bear any risk where the Customer uses internet banking, the bank shall be deemed to be the agent of the Customer.
3.4 The Order shall be paid for by payment card once the Order has been validated. The payment is Payfast, cards accepted are Visa, MasterCard and American Express. The Customer’s account shall be debited immediately after acceptance of these ST&Cs and validation of the Order, when the confirmation email is sent.
3.5 The Customer warrants that he has the necessary rights to use his payment card and that he is fully authorised to use it to pay for the Order. He also warrants that this card gives access to sufficient funds corresponding to the amount of the Order. Failing this, the Seller reserves the right to cancel the sale according to the conditions set out in Article 11.
3.6 For its part, the Seller uses a secure payment method. Consequently, it cannot be held liable for any fraudulent or improper use of the Customer’s means of payment, over which it has no control.
3.7 The Customer has no right to withhold payment or make set-offs or deductions from any payment due by it for any reason whatsoever.
3.8 Prices are subject to exchange rate fluctuation and the Customer shall be liable for such additional amounts.
3.9 Postage will be added to the Bag-it cart at checkout.
4: PRICES
4.1 The prices are indicated on the Website in ZAR (South African Rand).
4.2 The prices indicated may be changed at any time without advance notice. However, the Products shall be charged at the rate in force when the Order was validated.
4.3 In the event of an Order to be sent to a country other than South Africa, customs duties or other local taxes (local VAT, customs tax, import duties, etc.) are likely to be payable. These duties are borne solely by the Customer and are his full responsibility, both in terms of declarations and payment to the relevant authorities.
5: PRODUCT AVAILABILITY
5.1 The Order is placed subject to the availability of the Seller’s stocks. In case of shortage of supply, the Seller shall inform the Customer via email of the additional delay associated with a new production, partial delivery or cancellation of the Order.
On receipt of this information, the Customer may be reimbursed for the price of the unavailable ordered Product within thirty (30) days of his claim.
5.2 In case of shortage of supply, the Seller cannot be held liable for the physical impossibility of honouring the Order. Where applicable, the Seller agrees to reimburse the Customer for the costs corresponding to the partial or total cancellation of the Order, in proportion to the cancelled portion of the Order, including the corresponding postage costs. The same shall apply for any additional delivery costs due to this cancellation.
6: DELIVERY
6.1 The goods shall be delivered to the Customer by Registered post or Couriers(depending on order quantity) on such terms and conditions as shall be agreed to between the parties. Bag-it shall not be held responsible by the Customer for the late/ delayed delivery of the goods by such services.
6.2 Any delivery note/ waybill signed by the Customer, its authorised representative or its nominated agent shall be prima facie (at first sight) proof that delivery was made to the Customer as per the description and quantity indicated on the delivery note/ waybill.
6.3 Bag-it guarantees that the goods will be dispatched at the agreed place and on the agreed date and time at Bag-it’s risk. In the event that goods are not dispatched as agreed, the Customer shall have the right to accept delivery of the goods OR require delivery at the agreed date, time and place in the event the agreed date and time has not passed OR cancel the agreement without penalty and treat delivered goods as unsolicited goods and/ services. (APPLICABLE IF CUSTOMER FALLS WITHIN THE AMBIT OF THE CONSUMER PROTECTION ACT)
7: OWNERSHIP AND RISK,
7.1 All risk in and to all goods sold by Bag-it to the Customer shall pass to the Customer on delivery thereof.
7.2 Ownership in all goods sold and delivered shall remain vested in Bag-it until the full purchase price as reflected on the website has been paid.
8: PRODUCTS COMPLIANCE
8.1 Upon each delivery of Products, the Customer must immediately check that the delivery received complies with the Order placed. This check shall be carried out using criteria which, unless specifically agreed in writing, are as follows: compliance with the place and method of delivery, compliance with the type and quantity of Products delivered in relation to the quantity accepted and acknowledged by the carrier when loading, and the condition of the packing boxes.
8.2 Should the Product delivered to the Customer not comply with the Order, the Customer may return it to the Seller.
8.3 If non-compliance is proven and confirmed by the Seller, the Customer may ask the Seller:
a) either to have a Product delivered which complies to the one ordered (provided it is in stock);
b) or to have a Product of equivalent quality and value delivered (provided it is in stock);
c) or to be refunded for the price of the Product within thirty (30) days of his claim.
8.4 In the event of proven non-compliance, the return costs of the Product ordered and delivered to the Customer, in addition to any delivery of another Product, shall be borne by the Seller.
9: LIABILITY
9.1 The Seller’s online sale department disclaims all liability if the delivered Product does not comply with the legislation of the country of delivery (censorship, prohibition of a title or an author…).
9.2 Under no circumstances can the Seller be held liable for indirect or unforeseeable damage as defined by Articles 1150 and 1151 of the Civil Code, which include, in particular, financial and commercial damage, such as loss of business, operating loss or loss of profits, loss of earnings, loss of contracts or orders, or furthermore, loss of customers.
9.3 In any case, the amount of the Seller’s liability to payment of compensation for the sole cases of direct damage is limited to the total amount of the Orders actually paid for by the Customer.
9.4 Neither is the Seller liable for the content of Websites on which hypertext links may redirect away from its own Website.
9.5 The Seller cannot be held liable for failure to fulfill one of its commitments to the Customer, if this failure is due to a case of force majeure such as war, strike (in-house or at one of its service providers), lock-out, accident, fire, ice, flood, bad weather, interruption or suspension of means of communication and/or transport, blockade, blockage of exports, prohibited import or export, cessation of production or delivery, regulatory decision of an administrative supervisory body, etc.
9.6 In this situation, the Seller shall inform the Customer of this impossibility and the measures taken to remedy it.
10: RETURNED GOODS/SERVICES
10.1 The Customer may return the goods and the goods will either be repaired/ replaced.
10.1.1 The Customer exercises it’s cooling off right within 5 (five) business days after date on which the transaction was concluded or goods are delivered in the event of direct marketing. Delivery of the goods to Bag-it will be at the Customer’s risk and expenses.
10.1.2 The Customer did not have the opportunity to examine the goods and rejects the goods due to type and quality reasonably contemplated in the agreement and does not meet the test in section 18(3) and (4) of the Consumer Protection Act AND in the event of special-order agreements the goods do not reasonably conform to the material specifications of the special order. Such claims must be lodged by the Customer and the goods must be returned to Bag-it within 7 (seven) business days after the goods were delivered to the Customer. The cost of such return shall be at Bag-it’s expense. The Customer shall be credited for the price paid by the Customer without any deduction provided that the goods are returned to Bag-it(i) within 7 days after delivery, (ii) in their original condition, (iii) in their original packaging and (iv) without being disassembled, physically altered or in any way affixed to any property. In the event that the returned goods do not meet the above mentioned four conditions, but are still in a marketable condition, then in the sole discretion of Bag-it, the crediting shall be subject to a deduction of a minimum 10% (ten percent) as a handling charge. In the event that the returned goods do not meet the said conditions and are not in a marketable condition, the Customer shall not be credited for any amount. In the event that Bag-it does not hear from the Customer within the 7 (seven) business day period, the goods shall be deemed as duly delivered and accepted by the Customer.
11: DISPUTE RESOLUTION
Both Parties consent to the jurisdiction of the Magistrate’s Court in respect of any action or proceedings which may be brought against either of them by the other; provided that either party shall be entitled to bring any proceedings in the High Court where such proceedings would, but for this consent, fall outside the jurisdiction of the Magistrate’s Court.
12: COSTS
12.1 In the event of either party breaching any obligation under this agreement and the aggrieved party deeming it necessary to engage the services of an attorney and/or debt collector to enforce his/her/its rights (including the right to receive payment), the infringing party shall be liable for:
12.1.1 Tracing agent fees (if required);
12.1.2 The debt collector’s fees;
12.1.3 The attorney’s costs on an attorney and own client scale;
12.1.4 Collection Commission in the amount of 10% on each instalment paid to the attorney and/or debt collector or paid directly to the aggrieved party following hand-over of the matter to the attorney and/or debt collector, provided that the collection commission charged shall not exceed the statutorily prescribed maximum amount.
12.2 The aggrieved party’s attorney or debt collector (as the case may be) shall on receiving a payment from the infringing party, have the right to allocate such payment firstly towards disbursements incurred by the attorney or debt collector, secondly towards fees to which the attorney or debt collector is legally entitled, thirdly towards interest due to the aggrieved party and finally towards the capital amount due to the aggrieved party.
13: SPECIFIC TERMS
13.1 The Customer shall not in any manner represent that it has any right or title to the Intellectual Property, including but not limited to use of logos or content of Bag-it, other than in accordance with this Agreement, without prior written consent.
14: USE OF THE WEBSITE AND PERSONAL INFORMATION
14.1 The use of the Bag-it Website shall not confer any rights. All rights used or represented on the Website shall remain the Seller’s exclusive property and cannot be reproduced, disseminated, sold, marketed or used for other than personal purposes by the users, whether Customers or not, without the prior and written agreement of the Seller.
14.2 Access to the Website is provided on an “as is” basis, accessible according to its availability and with no guarantee from the Seller. It shall be used at the user’s risk. The Seller does not warrant that (i) the Website, the content and Products offered shall fully meet the user’s expectations, (ii) the Website shall be uninterrupted and free from all errors, or that (iii) the Website shall not contain any viruses.
14.3 Computerised registries are kept in the Sellers’ IT systems under reasonable conditions of security as proof of communications, orders and payments made by the Customer. Purchase orders and invoices are filed on a reliable and durable medium. The Seller shall take all steps to ensure the confidentiality of Internet exchanges and transactions.
15: INTELLECTUAL PROPERTY RIGHTS
15.1 The Products contain graphic, visual and textual elements and illustrations (the “Intellectual Property Rights”), all protected by copyrights, rights on the image, rights on models or trademark rights, the holders or owners of which are either the Seller or third parties.
15.2 Insofar as possible, the Seller identifies the authors and/or holders of these Intellectual Property Rights in the Product bibliography. Should a person or entity recognize one of these elements over which they may exercise rights and which are not completely identified or unidentified, the Seller shall remain available to receive such a claim.
15.3 Under no circumstances can the failure to mention the holder or the author be considered as rendering the Intellectual Property Rights free from exploitation. The rights of use, representation and reproduction over the Products shall continue to be held by the Seller of the rights as specified.
15.4 Any reproduction, copy, imitation, publication, communication, marketing or use for commercial purposes of one or more of the Intellectual Property Rights and on any medium whatsoever, whether partially or fully, cannot be carried out without the prior and written authorization of the rights holders.
