TERMS AND CONDITIONS
BEST BRAAIS CC
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INTRODUCTION
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Welcome to bestbraais.co.za. Best Braais CC (“Best Braais”, “we”, “us” or
“our”) is a South African close corporation that supplies built-in braais,
fireplaces, flue components and related products through the bestbraais.co.za
website (“the website”). Our close corporation registration number is
CK2002/066854/23 and our principal place of business is in
Cape Town, Western Cape, South Africa.
These terms and conditions (“these terms”) govern your use of the website and
any purchases you make from us. By using the website or placing an order with
us, you confirm that you have read, understood and agree to be bound by these
terms. If you do not agree, please do not use the website or place an order.
We may amend these terms from time to time. The current version will always
be available on the website. Your continued use of the website after an
amendment constitutes your acceptance of the amended terms.
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SECTION 1: APPLICATION OF THE CONSUMER PROTECTION ACT
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1.1 These terms are subject to the Constitution of the Republic of South
Africa, the Consumer Protection Act 68 of 2008 (the “CPA”), the
Electronic Communications and Transactions Act 25 of 2002 (the
“ECTA”), the Protection of Personal Information Act 4 of 2013
(“POPIA”), and any other applicable law.
1.2 Nothing in these terms limits, waives, deprives or avoids any right,
defence, remedy or protection that you (the consumer) have under the
CPA, the ECTA, POPIA or any other applicable law.
1.3 Where any term of these conditions is in conflict with the CPA, the
ECTA, POPIA or any other applicable law, the conflicting term will
be read down or severed to the extent necessary to give effect to
the applicable law, and your statutory rights will prevail.
1.4 If any term of these conditions is found by a court, the National
Consumer Commission, an ombud with jurisdiction, or any other
competent authority to be unfair, unreasonable or prohibited under
the CPA or any other applicable law, that term may be challenged
and set aside under section 48 of the CPA, but the remainder of
these conditions will continue to apply.
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DEFINITIONS
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In these terms, the following terms have the meanings set out below:
“Best Braais”, “we”, “us”, “our”
means Best Braais CC, the supplier of the goods and operator of
the bestbraais.co.za website.
“Business day”
means any day except a Saturday, Sunday or South African public
holiday. When a period of business days is counted between two
events, the day on which the first event occurs is excluded, the
day on or by which the second event is to occur is included, and
Saturdays, Sundays and South African public holidays falling
within the period are excluded (section 2(6) of the CPA).
“Communicated purpose”
means a particular use for the goods that you have told us about
in writing through an official bestbraais.co.za email channel,
as set out in clause 5.7 (Return of unsuitable goods).
“CPA”
means the Consumer Protection Act 68 of 2008, as amended.
“Custom or special-order product”
means any product that is manufactured, sprayed, modified or made
to your specifications, or that is not expressly listed on the
bestbraais.co.za website at the time of your order, as set out in
clause 5.10 (Custom / special order products).
“Customer”, “you”, “your”
means the person or entity purchasing goods from us through the
website.
“Delivery”
means physical receipt of the goods by you or your nominated
representative at the delivery address.
“ECTA”
means the Electronic Communications and Transactions Act 25 of
2002, as amended.
“Goods”
means any product supplied by us to you, including (without
limitation) braais, fireplaces, flue pipes, bends, cowls,
accessories and replacement parts.
“Implied warranty”
means the warranty of quality implied by section 56 of the CPA in
respect of defects present at the time of delivery, as set out in
Section 6.2.
“Latent defect”
means a defect in the goods that was present at the time of
delivery but could not reasonably have been discovered by a careful
inspection at the time of delivery.
“POPIA”
means the Protection of Personal Information Act 4 of 2013, as
amended.
“Proforma invoice”
means a quote or estimate issued by us before an order is
confirmed.
“Saleable condition”
means unused, undamaged, in original packaging, fit for re-sale to
another customer without repair or repackaging.
“Tax invoice”
means a tax invoice issued by us after payment is received.
“Website”
means the website located at bestbraais.co.za and any related
domains operated by us.
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SECTION 2: DIRECT MARKETING AND COMMUNICATIONS
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2.1 NO DIRECT MARKETING. Best Braais CC does not engage in direct
marketing as defined in section 1 of the CPA. All orders placed
through the website are initiated by you on your own initiative and
are not the result of any unsolicited approach by us.
2.2 COOLING-OFF (IF DIRECT MARKETING EVER OCCURS). In the event that any
order is concluded as a result of direct marketing by us or on our
behalf, you may cancel that order within 5 (five) business days of
receiving the goods, or of the date the agreement is concluded,
whichever is the later date, by written or recorded notice to
Best Braais, with no penalty and a full refund of any amounts paid.
2.3 FUTURE DIRECT MARKETING – PRIOR CONSENT. If we ever send direct
marketing communications, we will not send direct marketing to any
person who has not given prior consent, except where that person is
an existing customer and the marketing relates to similar products
or services (the “existing customer” exception contemplated by the
CPA).
2.4 IDENTIFICATION AND OPT-OUT. Every direct marketing communication
will clearly identify Best Braais CC as the sender, include valid
contact details, and provide a working mechanism to opt out. You
may at any time, free of charge, request that we stop sending you
direct marketing communications, and we will action your opt-out
within a reasonable time and confirm in writing once it has been
processed.
2.5 HOURS AND CHANNELS. We will not send direct marketing by telephone
outside reasonable hours (08h00 to 20h00 on any day except a
Sunday or public holiday), and we will not send direct marketing by
SMS or email to any person who has opted out or who has not given
the requisite prior consent. We will not contact any person who is
registered on a “do not call” or similar suppression list.
2.6 HOW TO OPT OUT. You may opt out of any future direct marketing
communications at any time by replying to any email you have
received from us, or by contacting us using the details on our
website.
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SECTION 3: ORDERS AND PRICING
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3.1 HOW AN ORDER IS FORMED. The products displayed on the website are
an invitation to do business. When you click “I accept” or place
an order, you are making an offer to purchase. An enforceable
agreement of sale is formed only when we have communicated
acceptance of your offer and confirmed stock and pricing from our
suppliers. Acceptance will be communicated to you in writing.
We may accept part of an order only, in which case an agreement
of sale is formed in respect of the accepted part only. Where we
accept part of an order, you may cancel the unaccepted balance by
written notice and receive a full refund of any amount paid in
respect of the unaccepted balance.
3.2 TOTAL PRICE. The total price payable for your order – being the
price of the goods, plus VAT, plus any delivery fee and any other
mandatory charge – is shown on the online checkout page before you
are asked to confirm the order, and is also recorded on the
proforma invoice or tax invoice issued to you.
3.3 NO HIDDEN CHARGES. We do not levy any hidden, surprise or
non-disclosed charges. Any mandatory charge (such as a delivery
fee) is itemized on the checkout page and on the invoice, and is
included in the total shown before you confirm the order.
3.4 PRICE CHANGES AFTER ORDER. Where you change your order after a
price has been displayed (for example, by adding or removing
items, changing the delivery address, or changing the delivery
method), the price may be adjusted to reflect the change. We will
display the adjusted total before you are asked to confirm the
change.
3.5 MISPRICING. Where a price has been displayed in error (for example,
an obvious data-entry error or a price materially below our usual
selling price for the same product), we may decline to honor the
erroneous price and will offer you the option to proceed at the
correct price or cancel the order for a full refund. This does not
affect your right to challenge an unfair contract term under
section 48 of the CPA.
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SECTION 4: PAYMENT, DEPOSITS AND DELIVERY
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4.1 PAYMENT BEFORE RELEASE. Title in the goods does not pass to you,
and the goods will not be released for delivery or collection,
until we have received payment in full of all amounts owing in
respect of the goods (including the purchase price, VAT, delivery
fees and any other charges). Until full payment is received, the
goods remain our property and are in our possession.
4.2 DEPOSIT ORDERS. Where you have placed a custom or special-order
and paid a deposit (typically 60% of the order value), we will
commence manufacturing on receipt of the deposit. The balance of
the purchase price is payable before the goods are released for
delivery or collection.
4.3 PAYMENT METHODS AND CLEARING. Payment terms and method of payment
are set out on the checkout page and on the proforma or tax
invoice. Bank transfer details are provided after checkout.
Payment for bank transfer (EFT) orders must be made within 5
(five) days of placing your order, failing which the order (and
any price or stock allocation attached to it) lapses and you
will need to place a new order at the then-current price.
Delivery periods run from the date payment reflects in our bank
account. If we regard the transaction to be large or unusual, we
may carry out fraud checks with the cardholder’s bank; the
delivery period will only commence on completion of those checks.
4.4 NOTIFICATION WHEN GOODS ARE READY. Once the goods are ready for
delivery or collection, we will notify you in writing. From the
date of that notice, you have 30 (thirty) days to pay the
outstanding balance and collect or take delivery of the goods.
Where the goods are fully paid but you do not collect or accept
delivery within the 30-day period, we will contact you to
confirm your preferred arrangement, and the hold-period options
and refund mechanics in clause 4.14 will apply to your order as
if it were a backorder ready for delivery.
4.5 RESALE IF PAYMENT NOT RECEIVED. If the balance is not paid within
the 30-day period referred to in clause 4.4, we may give you
written notice of our intention to sell or otherwise dispose of the
goods. The notice will:
(a) identify the goods concerned;
(b) state the amount outstanding;
(c) state the date by which payment must be received to avoid
resale (being not less than 10 (ten) business days after the
date of the notice); and
(d) state our intention to sell or otherwise dispose of the goods
if payment is not received by that date.
4.6 RESALE PROCEDURE. If payment is not received by the date stated in
the notice under clause 4.5, we may sell or otherwise dispose of
the goods by public auction, private treaty or any other
commercially reasonable method, on such terms as we consider
appropriate. We will take reasonable steps to obtain a fair market
price for the goods.
4.7 CUSTOMER’S LIABILITY ON RESALE. Where we resell the goods under
clause 4.6:
(a) we may deduct from the deposit and any other amounts you
have paid the actual losses we suffer as a result of your
failure to complete the purchase, being:
(i) any shortfall between the original purchase price and
the net proceeds of the resale;
(ii) our reasonable storage, handling, insurance and resale
costs; and
(iii) any other loss actually and reasonably incurred by us
in consequence of the failed purchase;
(b) our recovery is limited to the amounts you have already
paid – we will not pursue you for any further shortfall; and
(c) any balance of the amounts you have paid remaining after the
deductions in clause 4.7(a) will be refunded to you within
30 (thirty) days of the resale, together with a written
statement of the deductions made.
4.8 DELIVERY METHOD. We offer free delivery on braai and fireplace
units to all main centres in South Africa, and to certain major
towns as indicated during checkout. Free delivery applies only to
Best Braais brand products bought at the regular price. Replacement
parts, accessories, flues and cowls ordered individually may not
qualify for free delivery. Notwithstanding any indication of free
delivery on the website, free delivery offers do not apply to
products sold at a sale, promotional or discounted price; standard
shipping fees apply in those cases. The delivery fee actually
displayed at your checkout for your specific order will always
apply: where the checkout for your order displays free delivery,
no delivery fee will be charged for that order, and where a
delivery fee is displayed, only that fee will be charged.
4.9 MANUFACTURING LEAD TIMES. Our standard manufacturing lead time is
approximately 15 (fifteen) business days from confirmation of
your order and receipt of payment in our bank account. During
promotional or sale periods, our manufacturing lead time may
extend to approximately 20 (twenty) business days. These are
estimates, not guarantees.
4.10 SUPPLIER-DRIVEN DELAYS. Manufacturing and delivery times depend on
the availability of stock and inputs from our suppliers and on
factors outside our direct control, including (without limitation)
supplier manufacturing delays, shipping delays, customs or port
delays, labour strikes or industrial action, pandemic-related or
other government-imposed restrictions, and infrastructure
disruptions such as loadshedding. Where
any of these factors causes a delay, we will notify you as soon as
we become aware of the delay and provide a revised estimated
manufacturing completion date.
4.11 AGREED DELIVERY PERIOD AND CANCELLATION ON EXTENDED DELAY.
(a) Agreed delivery period. For the purposes of section 46 of
the ECTA, the agreed period for the execution of your order
is the estimated manufacturing completion date communicated
to you (clauses 4.9 and 4.15) plus a further period of
30 (thirty) business days, or such other period as we agree
with you in writing.
(b) Cancellation. If we have not made the goods available for
delivery or collection by the end of the agreed period in
clause 4.11(a), you may cancel the order on 7 (seven) days’
written notice to us and receive a full refund of any amount
you have paid. We will process the refund within 30 (thirty)
days of cancellation.
(c) Unavailability. If we become unable to fulfil your order,
we will notify you as soon as we become aware of this and
refund any payment received within 30 (thirty) days of that
notice.
4.12 NO LIABILITY FOR CONSEQUENTIAL LOSS. We will not be liable for any
indirect, incidental or consequential loss you may suffer as a
result of a delay in manufacturing or delivery, except where the
delay is caused by our gross negligence or willful misconduct.
4.13 INTERNATIONAL ORDERS. International orders are subject to
the following provisions, in addition to the rest of this
Section 4:
(a) Single item orders are shipped per LCL (less than container
load) groupage container, on a “depot to depot / port” basis
only. We do not arrange delivery to your residence.
(b) Manufacturing lead time is approximately 15 (fifteen) business
days. Estimated transit time from the date of sailing is 20
to 54 days, depending on the destination.
(c) Shipping deposits indicated during checkout are estimated only.
Final shipping costs are levied at the rates prevailing at
the time of shipment and based on the final crated volume. We
will notify you of the final cost once your order has been
delivered to the forwarding agent and wrapping and crating
have been completed.
(d) Shipping costs include: protective export packing, wrapping
and crating; export customs clearance, handling and
documentation formalities; ocean freight from Cape Town to
the destination depot or port; and export cargo dues.
(e) Shipping costs exclude: collection of goods from the
destination depot or port and delivery to your premises;
insurance (all-risk cost and freight, with an excess);
destination customs clearance, terminal handling charges,
documentation and delivery to your residence; any destination
duties, taxes, customs inspections, demurrage, deposits or
quarantine-related charges; delivery beyond normal access; any
extraneous charges not associated with normal clearance or
delivery; the use of any special lift equipment; any
additional handling, packing, wrapping or shipping without
prior notification; destination storage; and local
pre-shipment storage for cargo not dispatched within 3 weeks
of first receipt of cargo (charged at R150.00 per cubic
meter per week, minimum R150.00 per week).
(f) If you refuse delivery at the destination depot or port, you
will be responsible for all return shipping charges and any
storage fees incurred.
4.14 BACKORDERS. Where a product you have ordered is not in stock at
the time of your order, we may, at our discretion, accept a
backorder for the product and confirm this in writing. Where we
accept a backorder, we will hold the product for you for a maximum
of 3 (three) weeks from the date we notify you that the product
is ready for delivery or collection (the “hold period”). Before
the end of the hold period we will contact you to confirm your
preferred arrangement. Your options are:
(a) take delivery or collect the product within the hold period
(or any extended period agreed with you in writing); or
(b) cancel the order and receive a full refund of any amount you
have paid.
If we do not hear from you by the end of the hold period, we will
treat the order as cancelled and refund any amount you have paid
within 30 (thirty) days. If you do not take delivery or collect
the product within the hold period (or any agreed extension), we
may, at our discretion, release the product for general sale.
This does not affect your right to a refund under this clause.
4.15 EXTENDED LEAD TIMES FOR SPECIFIC PRODUCTS. Some of our
products take longer to manufacture than the standard lead time
in clause 4.9, and the delivery time on top of the manufacturing
time is also worth noting. Specifically:
(a) custom-sized products and products made from 316 grade
stainless steel may take up to 30 (thirty) business days to
manufacture;
(b) after manufacturing is complete, road freight delivery to
your premises typically takes a further 3 to 5 business days,
depending on your location (this delivery time is on top of
the manufacturing lead time); and
(c) for regional or outlaying towns that seldom have couriers
delivering there, the delivery time may escalate further.
4.16 MIXED ORDERS. Where you order products with different lead
times in the same order, the product with the longest lead time
will determine the delivery time of the entire order. Where you
want faster delivery on some items, we recommend that you place
separate orders.
4.17 PROJECT DEADLINES. Our lead times are estimates of when goods
will be ready for delivery. We are not responsible for any
deadline you may have for your building or construction project.
If your project is subject to a deadline, please place your order
timeously to avoid disappointment.
4.18 CURBSIDE DELIVERY.
(a) Scope of delivery. Due to the size and weight of our
products, our standard delivery service is to the curbside of
your premises only. “Curbside” means on the curb at your
gate, at the address you have provided. This applies equally
to any collection from our premises or a courier depot.
(b) Carrying upstairs or into an elevator. Our delivery staff
and our couriers’ staff are not obliged to carry any braais,
fireplaces or other goods upstairs or to load them into an
elevator. If you ask them to do so, you accept full
responsibility for any damage to the product, your property,
or any injury that may result. Our staff may refuse to do so
at their discretion.
(c) Damage from acts outside the delivery scope. We will not be
liable for any damage to the product, your property, or any
injury to you or others that may result from carrying our
products upstairs or loading them into an elevator, except
where the damage or injury is caused by our gross negligence
or willful misconduct.
(d) Driver voluntary assistance. Should the driver voluntarily
agree to assist you to move the product beyond curbside, this
will be deemed a private arrangement between the driver and
you, from which we will not accept any liability. This does
not affect any right you have under the CPA in respect of
damage caused by the driver’s negligence.
(e) Refusal of curbside delivery. Should you refuse delivery
because we will only deliver to curbside, you will be
responsible for all initial shipping and re-delivery charges.
4.19 THIRD-PARTY COURIERS AND FREIGHT FORWARDING AGENTS. Where you
elect to have your order delivered to a third-party courier or
freight forwarding agent, the following provisions apply:
(a) It is the responsibility of the receiving third party to
inspect the goods for any potential damage upon receipt.
(b) The mere act of marking the waybill or delivery note as
“not checked” shall not, in itself, exempt you from
liability in cases where the goods sustain damage while in
the custody of the third-party forwarding agent.
(c) Once the goods have been handed to the third-party courier
or freight forwarding agent, all risk of damage, loss or
delay passes to the third party (and ultimately to you as
the principal). Our liability for the goods ends at the
point of handover to the third party.
(d) Nothing in this clause limits any right you have against the
third-party courier or freight forwarding agent under their
own terms of carriage, the CPA or any other applicable law.
4.20 STATUTORY RIGHTS PRESERVED. Nothing in this section limits any
right you have under the CPA, the ECTA or any other applicable
law, including your right under section 19(6) of the CPA to
cancel the agreement where delivery is not made at the agreed
time and place.
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SECTION 5: RETURNS AND REFUNDS
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5.1 DUTY TO INSPECT ON DELIVERY. You are required to inspect the
goods at the point of delivery and to satisfy yourself that the
goods received are the goods ordered, complete and free of visible
damage. A reasonable opportunity to do so must be afforded to you
by the courier.
5.2 WAYBILL / DELIVERY NOTE. Any visible damage, shortage or
incorrect item must be noted in writing on the waybill or delivery
note at the time of delivery, and you should retain a copy. Where
you sign the waybill or delivery note as “received in good
condition” or similar without noting any damage, shortage or
error, a rebuttable presumption arises that the goods were
received complete, correct and undamaged.
5.3 REPORTING WINDOW FOR DAMAGE DISCOVERED AFTERWARDS. Damage,
shortage or error that could not reasonably have been noticed at
the point of delivery (for example, concealed damage discovered
on unpacking) must be reported to us in writing (with photographs)
within 2 (two) business days of delivery. Late reports will be
assessed on the available evidence, and we may require
independent evidence that the damage was pre-existing. This
clause applies to transit damage, shortages and delivery errors
only. A late report does not, by itself, remove or shorten any
right you have under the CPA or the ECTA, including the implied
warranty in clause 6.2 and any applicable return right under
section 20 of the CPA.
5.4 DAMAGE DISCOVERED AFTER INSTALLATION. Goods must be fully
inspected for damage and conformity BEFORE installation. Once a
product has been installed, any damage or defect that is
attributable to the installation process, incorrect handling,
incorrect fitting or modification is your responsibility and is
not covered by our warranty or return policy. You accept this risk
by proceeding with installation.
5.5 COLLECTION FROM DEPOT OR FACTORY. Where you collect the order
from our factory premises or from a courier depot, the same
inspection, reporting and installation-warning obligations in
clauses 5.1 to 5.4 apply. Once you have signed the collection
note or waybill and the goods have left the depot or factory
premises, clause 5.4 applies in full.
5.6 WRONG QUANTITY OR MIXED DELIVERIES (OUR ERROR).
(a) Over-delivery. If we deliver a larger quantity of any item
than you ordered, you may either:
(i) reject the entire delivery; or
(ii) accept the quantity you ordered and treat the excess as
unsolicited goods (see clause 5.8).
(b) Mixed or substituted delivery. If we deliver goods that are
different from those you ordered, or goods that are mixed with
goods not part of your order, you may either:
(i) accept only the goods that are in accordance with your
order and reject the rest; or
(ii) reject the entire delivery.
(c) Applies to our error only. This clause applies only where the
wrong quantity, wrong item or mixed delivery is our error.
Where you have ordered the wrong item, ordered the wrong
quantity or otherwise made an error in placing your order,
your recourse is under our Change of Heart / Wrong Items
Ordered Returns clause (5.9).
(d) Collection at our risk and expense. Where you reject a
delivery (or part of a delivery) under this clause, we will
collect the rejected goods from you at our risk and expense
within 10 (ten) business days of being notified of the
rejection. Your timely written notice preserves your rights
even if collection takes place later. No handling fee will
apply to rejections under this clause.
(e) Refund. Any amount paid by you for rejected goods will be
refunded in full promptly upon return of the goods to us,
allowing only for standard banking processing times
(section 20(5) of the CPA).
5.7 RETURN OF UNSUITABLE GOODS (10 BUSINESS DAYS).
(a) CPA section 20 right. Where you have informed us, prior to or
at the time of purchase, that the goods are required for a
particular purpose, and within 10 (ten) business days after
delivery you notify us in writing that the goods are
unsuitable for that purpose, you may return the goods to us
for a full refund.
(b) How a communicated purpose is evidenced. Where you have told
us the particular purpose in writing, by email to any of our
official bestbraais.co.za email addresses, before or at the
time of purchase, we will accept that the purpose was
communicated to us. Where you contend that the purpose was
communicated through another channel (for example telephone,
WhatsApp, SMS, social media or in person), you will need to
substantiate that contention, and we may ask you for
reasonable particulars, including the date, the person you
dealt with and what was said. We strongly recommend that you
confirm the intended purpose by email before ordering, so
that we have a fair opportunity to confirm suitability or to
recommend alternative goods.
(c) How to invoke the right. To invoke this right you must,
within 10 (ten) business days of delivery, reply to any email
you have previously received from us (for example, your order
confirmation, dispatch notification, registration confirmation
or any other email from a bestbraais.co.za address), stating:
(i) the order number and the goods concerned;
(ii) the particular purpose that you say was communicated to
us; and
(iii) why the goods are unsuitable for that stated purpose.
If you have not received any email from us in connection with
your order, please contact our customer service team to
confirm the appropriate notification channel before the
10-business-day window expires.
(d) Return and refund. Once we receive a valid notification
under clause 5.7(c), we will arrange collection of the goods
at our risk and expense within 10 (ten) business days. Your
timely written notice within the 10-business-day period
after delivery preserves your right even if collection takes
place later. The goods must be returned uninstalled (section
20(3)(b) of the CPA excludes goods that have been partially
or entirely disassembled, physically altered or permanently
installed). We will refund the purchase price promptly upon
return of the goods, allowing only for standard banking
processing times, less only any charge permitted by section
20(6) of the CPA. In terms of section 20(6): no charge may
be made where the goods are returned in their original
unopened packaging; where the goods are in their original
condition and repackaged in their original packaging, a
reasonable charge may be made for use, consumption or
depletion (beyond what was reasonably necessary to determine
whether the goods were acceptable); and in any other case a
reasonable charge may also be made for necessary restoration
costs to render the goods fit for re-stocking. Any such
charge will be explained and itemised to you in writing.
(e) Burden of proof. You bear the burden of proving, on a
balance of probabilities, that a particular purpose was
communicated to us prior to or at the time of purchase, and
that the goods are unsuitable for that purpose.
(f) What this clause does NOT cover. This clause does not apply
to:
(i) goods that you ordered in error (see clause 5.9);
(ii) goods that you no longer want for reasons unrelated to
their suitability for a communicated purpose;
(iii) goods that have been installed, modified or damaged
after delivery; or
(iv) custom or special-order products (see clause 5.10).
5.8 UNSOLICITED GOODS.
(a) What counts as unsolicited. Goods are treated as unsolicited
if they are delivered to you without a concluded sale, in
excess of what you ordered, or to a person who did not request
them. This includes goods delivered as a result of a packing
or shipping error by us, an over-delivery, a delivery of the
wrong item, or a delivery to a person who has not placed an
order with us.
(b) Your rights (section 21 CPA). In terms of section 21 of the
CPA, you are not obliged to:
(i) pay for unsolicited goods;
(ii) return unsolicited goods to us; or
(iii) take any steps to safeguard unsolicited goods against
loss, theft or damage while they are in your
possession.
(c) Recovery periods (section 21 of the CPA).
(i) Goods delivered in error by us (for example a packing or
shipping error): where we inform you, within 10 (ten)
business days after delivery, that the goods were
delivered in error, the goods become unsolicited goods
only if we fail to recover them within 20 (twenty)
business days after so informing you.
(ii) Goods obviously meant for someone else: where goods are
clearly addressed to another person or have obviously
been misdelivered, the goods become unsolicited goods
only if, after you inform us or the deliverer of the
misdelivery, the goods are not recovered within the
following 20 (twenty) business days.
(iii) In each case we will collect the goods at our risk and
expense, on reasonable notice to you. We will notify
you in writing of our intention to collect.
(iv) Goods that are unsolicited from the outset (delivered
without any request by you and not covered by (i) or
(ii)) may, at your choice, be retained by you or
returned to us at our risk and expense (section 21(5)
of the CPA).
(d) Your position during the recovery period. Until the goods
are collected by us or returned to us, or the applicable
recovery period in clause 5.8(c) has expired, you:
(i) are not entitled to treat the goods as a gift, sell them,
dispose of them, or use them as your own;
(ii) are, in accordance with section 21 of the CPA, liable
for loss of or damage to the goods only where the loss
or damage is caused by your intentional interference
with the goods; and
(iii) must permit us, or our nominated courier or
representative, to collect the goods from you at a
reasonable time and on reasonable notice (which may be
given by email or telephone).
(e) If you frustrate or impede collection. Section 21(3)(a) of
the CPA requires that you do not frustrate or impede any
reasonable action by us or our courier to recover the goods
within the recovery period, and section 21(4) makes a person
who does so liable for the additional recovery costs or
damage arising from that obstruction. We will keep a record
of our collection attempts.
(f) After the recovery period. If the goods have not been
recovered within the applicable recovery period in clause
5.8(c), they become (or remain) unsolicited goods, ownership
passes unconditionally to you in terms of section 21(6) of
the CPA, and we will have no further claim against you in
respect of those goods.
5.9 CHANGE OF HEART / WRONG ITEMS ORDERED RETURNS.
(a) What this clause covers. This clause applies where:
(i) you have changed your mind about a purchase after
delivery; or
(ii) you have ordered the wrong item, ordered the wrong
quantity or otherwise made an error in placing your
order (and the error is yours, not ours – see clause
5.6 for our errors).
(b) STATUTORY COOLING-OFF FOR ONLINE ORDERS (SECTION 44 ECTA).
Where you purchased standard (non-custom) goods by way of an
electronic transaction – that is, an order placed through
the website or concluded by email – you have the right under
section 44 of the ECTA to cancel the purchase as follows:
(i) you may cancel within 7 (seven) calendar days after the
date of delivery of the goods, without reason and
without penalty, by written notice to us;
(ii) your only cost is the direct cost of returning the
goods to us (you must arrange and pay for the return
of the goods to our premises);
(iii) we will refund all amounts paid by you within
30 (thirty) calendar days of the date of your
cancellation notice;
(iv) no handling fee, administration fee or other charge
applies to a cancellation under this sub-clause; and
(v) you must return the goods to us. We reserve any rights
we may have at law where returned goods have been used,
installed or damaged beyond what is reasonably necessary
to inspect them.
This sub-clause does not apply to custom or special-order
products (goods made to your specifications or clearly
personalized – see clause 5.10 and section 42(2) of the
ECTA).
(c) GOODWILL RETURNS OUTSIDE THE STATUTORY RIGHT. Where
sub-clause 5.9(b) does not apply (for example, orders
concluded telephonically or in person, or a return requested
after the period in 5.9(b) has expired), we may, at our sole
discretion, accept a return (refund), accept an exchange, or
refuse a return or exchange. This is a commercial goodwill
policy, not a right conferred by the CPA. Where we accept a
goodwill return or exchange, ALL of the following conditions
must be met:
(i) you notify us and return the goods within 7 (seven)
business days of delivery;
(ii) the goods are unused, undamaged, uninstalled and in
their original packaging;
(iii) the goods are, in our reasonable opinion, in saleable
condition;
(iv) you produce your original Best Braais invoice or
receipt (we do not accept a bank statement as proof of
purchase for goodwill returns); and
(v) you arrange and pay the cost of returning the goods to
us (we will not collect for goodwill returns or
exchanges).
(d) Refund or exchange on goodwill returns. Where we accept a
return or exchange under clause 5.9(c), we will, at our
election, either:
(i) issue a refund of the purchase price of the returned
goods less:
– a handling fee of 15% of the purchase price paid for
the returned goods, with a minimum handling fee of
R400; and
– the original delivery fee (if any), which is
non-refundable; or
(ii) agree an exchange for different goods of equivalent or
higher value, in which case any price difference, the
handling fee (calculated as in sub-clause (d)(i)) and
any delivery arrangements will be confirmed in writing
with you before the exchange is processed.
Any banking fees applicable to a goodwill refund will be for
your account. The handling fee reflects our reasonable costs
in receiving, inspecting, repackaging and re-stocking the
returned goods. For the avoidance of doubt, no handling fee,
delivery-fee deduction or banking fee applies to a statutory
cancellation under clause 5.9(b).
(e) What the goodwill routes do NOT cover. Clauses 5.9(c) and
5.9(d) do not apply to:
(i) goods that are defective, unsafe or not of merchantable
quality (see clauses 5.1 to 5.5 and Section 6);
(ii) goods that we have delivered in error, in the wrong
quantity or mixed with other goods (see clause 5.6);
(iii) goods that are not suitable for a particular purpose
you have communicated to us (see clause 5.7);
(iv) unsolicited goods (see clause 5.8);
(v) goods that have been installed (installation is treated
as acceptance – see clause 5.4); or
(vi) custom or special-order products (see clause 5.10).
For the avoidance of doubt, the statutory cancellation right
in clause 5.9(b) is not subject to the exclusions in this
sub-clause (e), save that custom or special-order products
are excluded from clause 5.9(b) by section 42(2) of the
ECTA. Where goods are returned under clause 5.9(b) after
use or installation, clause 5.9(b)(v) applies.
(f) Refund timing. Any refund due under clause 5.9(c) will be
processed within 30 (thirty) days of our receipt and
inspection of the returned goods in compliant condition.
Refunds under clause 5.9(b) are processed within the
statutory 30-day period in sub-clause (b)(iii).
5.10 CUSTOM / SPECIAL ORDER PRODUCTS.
(a) Made-to-order items. Any product that is manufactured,
sprayed, modified or made to your specifications, or that is
not expressly listed on the website at the time of your
order, is treated as a custom or special-order product. This
includes (without limitation) custom-sized braais and
fireplaces, sprayed finishes, made-to-order flue pipes,
bends, cowls, and any other specially ordered components.
(b) No return for change of mind once manufacturing has
commenced. Once manufacturing of a custom or special-order
product has commenced, the product is not returnable for
change of mind, cancellation, or any other reason not
provided for in the CPA. The deposit and any progress
payments paid are not refundable on this basis. (This
reflects the exception for custom-made or specially ordered
goods in section 20 of the CPA.)
(c) Cancellation before manufacturing has commenced. Until
manufacturing has commenced, you may cancel the order by
written notice to us. If you cancel before manufacturing has
commenced, we will refund any amount you have paid, less any
reasonable costs we have already incurred in connection with
your order (such as raw materials purchased, design work
done, or supplier commitments) in terms of section 17 of the
CPA.
(d) Your CPA rights are preserved. Nothing in this clause limits
any right you have under the CPA in respect of:
(i) goods that are defective, unsafe or not of merchantable
quality (see Section 6);
(ii) goods that do not match your order or our product
description (see clause 5.6 and Section 7); or
(iii) any other matter in respect of which the CPA confers
a right that cannot be waived.
=================================================================
SECTION 6: IMPLIED WARRANTY AND LIABILITY
=================================================================
6.1 LIABILITY CAP (GOODS).
(a) Cap on direct loss from defective goods. To the maximum
extent permitted by law, and subject to clauses 6.1(b) and
6.1(d), our total liability to you or any third party for
any direct, foreseeable loss arising from the supply of
defective goods is limited to the price you paid for the
affected goods.
(b) What the cap does NOT apply to. The cap in clause 6.1(a)
does not apply to:
(i) liability for death, personal injury, illness or loss
caused by our negligence or willful misconduct, or by the
negligence or willful misconduct of our employees, agents
or subcontractors;
(ii) any liability that cannot be excluded or limited by
law, including liability arising under the CPA.
(c) Consequential loss excluded. In no event will we be liable
for any indirect, incidental, special or consequential loss
or damage of any kind, including but not limited to loss of
profits, loss of business, loss of anticipated savings, or
loss of opportunity, even if we have been advised of the
possibility of such loss.
(d) Manufacturer’s liability unaffected. Nothing in this clause
affects any claim you may have against the manufacturer of
the goods under the manufacturer’s own warranty or under any
other law. Our liability to you under this clause is
independent of any liability the manufacturer may have.
(e) CPA prevailing. Nothing in this clause limits or waives any
right you have under the CPA or any other applicable law.
6.2 IMPLIED WARRANTY OF QUALITY (SECTION 56 CPA). Best Braais gives
you the implied warranty of quality contemplated by section 56 of
the CPA. That warranty:
(a) covers any defect in the goods that was present at the time
of delivery, whether patent or latent, including any failure
of the goods to comply with the requirements of section 55
of the CPA (goods that are reasonably suitable for their
ordinary purpose, of good quality, in good working order,
free of defects, and usable and durable for a reasonable
period of time);
(b) does NOT cover damage, deterioration or failure caused by
normal wear and tear; improper or abnormal use; incorrect
installation, fitting or assembly; exposure to weather, sea
air, coastal conditions, moisture or other environmental
conditions, including rust, oxidation or corrosion resulting
from any such exposure, from outdoor installation or use, or
from lack of reasonable maintenance or care (see also clause
6.6); lack of reasonable
maintenance; modification, alteration or repair by anyone
other than Best Braais or its authorized agent; accident,
impact, fire, water damage, or any other event occurring
after delivery; or any other cause occurring after delivery;
(c) runs for 6 (six) months from the date of delivery in respect
of qualifying defects as described in clause 6.2(a);
(d) works as follows when a defect is reported: you must give
us reasonable information about the problem and a reasonable
opportunity to inspect the goods (or photographs of them).
Where our inspection indicates that the reported problem was
caused by an event after delivery (such as those listed in
clause 6.2(b)), we may decline the claim and will give you
our reasons in writing. You may then provide contrary
evidence (for example, an installer’s or technician’s
report), which we will consider in good faith; and
(e) entitles you, in respect of a qualifying defect, to elect
between repair, replacement or refund (section 56(2) of the
CPA).
6.3 MANUFACTURER’S WARRANTY. Any additional written warranty offered
by the manufacturer of a product is the manufacturer’s warranty
and operates in addition to the implied warranty of quality set
out in clause 6.2, which it does not replace. We will, on
request, provide you with the manufacturer’s warranty terms and
assist in lodging a manufacturer’s warranty claim, but the
manufacturer is responsible for the performance of its own
warranty. Where you report a defect that is covered by the
manufacturer’s warranty but not by the implied warranty in
clause 6.2 (for example, defects reported after the 6-month
window), we will refer the claim to the manufacturer.
6.4 INSTALLATION. We are not affiliated with any contractors or
installers. We recommend that a reputable builder or installer
is employed to assist you with the installation of your product.
All built-in braai and fireplace units displayed on our website
are intended for indoor installation, with positive protection
from wind, rain and sun. We will not be held accountable for any
damage to the product, to yourself or to others that may occur
as a result of installing any of our products in an outdoor
environment or otherwise in a manner inconsistent with the
manufacturer’s installation instructions or our written guidance.
6.5 CUSTOMER MEASUREMENTS. Where you provide measurements for the
manufacture of a custom-sized product, you are responsible for
the accuracy of those measurements, whether supplied by you, your
contractor or any party acting on your behalf. We will, on
request, confirm measurements from any drawing or template you
supply, but the final responsibility for accurate measurements
rests with you.
6.6 RUST AND CORROSION; INDOOR DESIGN AND STEEL GRADES.
(a) Indoor design. Built-in braais are originally designed to
enable indoor braaiing using fire (wood or charcoal). As a
result, these units are not originally intended for outdoor
use, and should enjoy positive protection from wind, rain
and sun (see clause 6.4).
(b) Steel grades for harsher environments. For customers who
need a unit for outdoor use or for different environments
(for example, coastal locations), we offer different steel
grades – including 316 grade stainless steel – in an effort
to make your investment last longer. A higher steel grade
improves resistance to rust and corrosion, but no steel
grade makes a product rust-proof, and the choice of a
particular steel grade is not a warranty against rust.
(c) What the warranty covers and does not cover. Our implied
warranty (clause 6.2) covers compliance with manufacturing
standards – that is, defects present in the goods at the
time of delivery. It does not cover rust, oxidation or
corrosion occurring after delivery as a result of
environmental exposure, outdoor installation or use, lack of
reasonable maintenance or care, or any other cause arising
after delivery, including your negligence.
(d) Statutory rights preserved. Nothing in this clause excludes
rust, oxidation or corrosion that is attributable to a
defect present at the time of delivery – for example, a
defective coating or finish, or material that does not
conform to the steel grade you ordered. Such cases remain
covered by the implied warranty in clause 6.2 and by the
CPA.
6.7 POST-REPAIR REMEDY (SECTION 56(3) CPA). If we repair any goods
(or any component of any goods) and, within 3 (three) months
after that repair, the same failure, defect or unsafe feature
has not been remedied, or a further failure, defect or unsafe
feature is discovered, we will, in accordance with section
56(3) of the CPA, either replace the goods or refund you the
price paid for the goods.
6.8 PARTS: DEFINITION AND WARRANTIES.
(a) Definition. In these terms, “parts” means the replaceable
or consumable components of a unit, including (without
limitation) the log pan, grate, ash pan, ember/coal maker,
braai grids, ash trays, potjie hooks, doors, fire screens,
and any other replaceable or consumable part of the unit.
(b) The statutory warranty covers the whole product. For the
avoidance of doubt, the implied warranty in clause 6.2
applies to every eligible product as a whole, including its
parts, for 6 (six) months from delivery. Nothing in this
clause, or in any product warranty document, reduces that
statutory cover.
(c) Express parts warranty. In addition to clause 6.2, we
warrant parts against manufacturing defects for 3 (three)
months from the date of delivery. This express warranty
does not cover normal wear and tear, the ordinary
consumption or depletion of consumable parts, or any of
the circumstances excluded under clause 6.2(b).
(d) Warranty on repaired goods (section 57 CPA). Where we
perform, or contractually arrange, repair or maintenance
work, every new or reconditioned part installed during that
work, and the labour required to install it, is warranted
for 3 (three) months after the date of installation, or
any longer period we specify in writing. In accordance with
section 57(2) of the CPA, this warranty is concurrent with
any other warranty, is void if the part (or the goods or
property in which it was installed) has been subjected to
misuse or abuse, and does not apply to ordinary wear and
tear.
(e) Product warranty document. Our standard product warranty
document sets out the express warranty periods applicable
to each product, including any longer manufacturer’s
warranty periods that continue after the periods in this
Section 6. The product warranty document applies in
addition to, and never in reduction of, your rights under
clause 6.2 and the CPA.
=================================================================
SECTION 7: PRODUCT INFORMATION AND SAFETY
=================================================================
7.1 ACCURATE PRODUCT DESCRIPTION (SECTION 24 CPA).
(a) We take reasonable steps to ensure that product descriptions,
specifications, images, dimensions and other information
displayed on the website are accurate and reasonably current
at the time of viewing.
(b) Our suppliers may, from time to time, update product
specifications, materials, dimensions, finishes, packaging
or components without prior notice to us. Where this
happens, the website description may not reflect the most
recent supplier information. We do not warrant that
descriptions, specifications, images or other product
information are error-free or current at all times.
(c) We strongly recommend that you confirm critical product
details – including dimensions, materials, compatibility,
finish, fuel type, installation requirements, and any
accessories included – with us before placing your order or
making a purchase decision. You may do so by replying to any
email you have received from us. We will confirm or correct
the relevant details in writing.
(d) Where a product you receive differs materially from the
description on our website at the time of your order, you
may:
(i) reject the product and receive a full refund (in which
case the Wrong Quantity or Mixed Deliveries clause
(5.6) or the Inspection, Delivery Verification and Damage
Reporting clauses (5.1 to 5.5) will apply, as
appropriate); or
(ii) accept the product at an agreed adjusted price, where
the difference is one we can reasonably value and you
are willing to keep the product.
(e) Minor variations that do not affect the fitness for purpose,
safety or essential character of the product (for example,
slight colour variation, packaging updates, minor
dimensional tolerances, or supplier-side component
substitutions that do not change the product’s essential
function) do not constitute a material difference for the
purposes of clause 7.1(d).
7.2 RECONDITIONED AND GREY MARKET GOODS (SECTION 25 CPA).
(a) All goods supplied through the website are new and are
sourced through the manufacturer’s official South African
distribution channels.
(b) We do not supply, and have no obligation to disclose as
such, any reconditioned, refurbished, second-hand or grey
market goods. Where any third-party supplier or service
provider makes goods or services available through the
website, we use reasonable steps to ensure that those goods
or services are likewise new and sourced through official
channels.
(c) If at any time in the future we offer any goods that are
reconditioned, refurbished, second-hand or grey market, those
goods will be clearly and prominently labelled as such on
the product page, in the product description, and on the
invoice.
7.3 HONEST REPRESENTATIONS (SECTION 41 CPA).
(a) We are committed to ensuring that all product descriptions,
specifications, marketing claims, testimonials, comparative
claims and other representations made on the website, in our
marketing materials, or by our staff or representatives, are
accurate, substantiated and not misleading.
(b) We do not publish fake reviews, fabricated testimonials, or
manipulated ratings. Where we publish a customer review or
testimonial, it reflects the genuine view of a customer who
has purchased or used the product in question.
(c) Where we make any comparative claim about our products (for
example, comparisons with competitor products or with other
models in our range), we will ensure that the comparison is
factually accurate and based on verifiable specifications,
features or test data, and that the basis of the comparison
is clearly stated.
(d) We do not make any claim about our products or services that
we cannot substantiate. Where a product carries a
certification, rating or award the basis for the claim is
available on request.
(e) We strongly recommend that you confirm critical product
details with us before placing your order or making a
purchase decision, particularly where the product is to be
used for a specific purpose or in a specific environment.
You may do so by replying to any email you have received
from us, and we will confirm or correct the relevant details
in writing.
7.4 PRODUCT SAFETY MONITORING AND RECALL (SECTION 60 CPA).
(a) Supplier-driven safety monitoring. We monitor the products
we supply for safety issues on the basis of safety
information and notifications received from our suppliers
and manufacturers.
(b) Action on supplier notification. Where we are notified by a
supplier or manufacturer of a safety concern, defect or
recall affecting any product supplied through us, we will:
(i) promptly notify affected customers using the contact
details we have on file for the affected order; and
(ii) offer an appropriate remedy, which may include repair,
replacement or a full refund of the price paid for the
affected goods, at our election and subject to the
supplier’s instructions.
(c) Statutory rights preserved. Nothing in this clause limits
any right you have under the CPA or any other applicable
law in respect of unsafe, defective or recalled goods.
=================================================================
SECTION 8: RECORDS, PRIVACY AND POPIA
=================================================================
8.1 PLAIN LANGUAGE COMMITMENT (SECTION 22 CPA).
(a) We are required by section 22 of the CPA to present these
terms in plain and understandable language, and we have done
so. Where any term of these conditions is unclear or capable
of more than one meaning, the meaning most favorable to you
(the consumer) prevails.
(b) No term of these conditions is designed to surprise,
mislead, or be hidden from a reasonable consumer reading this
document. If you believe any term is unfair, misleading or
unclear, you may challenge it under section 48 of the CPA.
(c) If you require any explanation of these terms, you may
request clarification by replying to any email you have
received from us. We will respond within a reasonable time.
8.2 SALES RECORDS (SECTION 26 CPA).
(a) We maintain records of all transactions concluded through
the website or with Best Braais CC, including product
details, price, date of transaction, customer information,
payment method and delivery details.
(b) We will retain transaction records for a period of not less
than 5 (five) years from the date of the transaction, in
line with the minimum retention period required by the South
African Revenue Service.
(c) You may request a copy of your transaction record at any
time within the retention period by replying to any email
you have received from us. We will provide the requested
record within a reasonable time.
8.3 PERSONAL INFORMATION AND POPIA. We collect, process and store
personal information about you only as necessary to conclude and
perform your transaction with us, to comply with our legal
obligations, and for the legitimate operation of our business.
We process personal information in accordance with POPIA and
applicable data protection laws. By using the website or
transacting with us, you consent to the processing of your
personal information for these purposes. We will not sell, rent
or otherwise disclose your personal information to third
parties for their marketing purposes.
8.4 USE OF ARTIFICIAL INTELLIGENCE AND AUTOMATED PROCESSING.
Best Braais CC uses artificial intelligence (AI) and automated
processing technologies as part of its operational workflow to
improve efficiency, response times, and service delivery. By
interacting with our website, submitting enquiries, requesting
quotations, placing orders, or communicating with Best Braais
via email, telephone or any digital communication channel, you
acknowledge and consent to the processing of certain personal
information through automated and AI-assisted systems.
(a) Scope. AI technologies may be used by us for operational
purposes including (without limitation): reading and
analyzing customer communications; assisting in the
preparation, processing and administration of quotations
and orders; organizing and categorizing customer
correspondence; extracting information necessary to provide
products, services, quotations, invoices or delivery
arrangements; and improving internal workflow efficiency.
(b) Data protection. We process personal information
responsibly and in accordance with POPIA. Automated systems
are used as decision-support tools only; final commercial
decisions remain subject to human review and oversight.
(c) Third-party AI infrastructure. Where AI processing relies
on infrastructure, systems or services provided by
reputable third-party technology providers, we use
reasonable endeavors to configure such systems with
privacy-protective settings, including (where available)
the disabling of telemetry, training data retention or
other data-collection features.
(d) Limitation of AI processing liability. We will not be held
liable for any unauthorized access, data breach or
information disclosure that occurs as a result of security
failures, system compromises, or operational actions on
the part of any third-party AI service provider, cloud
infrastructure provider or associated platform beyond our
direct control.
(e) Alternative processing. If you do not consent to the
processing of your personal information through
AI-assisted systems, you may request alternative manual
processing by contacting us directly.
=================================================================
SECTION 9: WEBSITE USE AND DISCLAIMERS
=================================================================
9.1 LICENSE TO USE THE WEBSITE. We grant you a limited, revocable
and non-exclusive license to access and make personal use of the
website. You may not modify the website or any portion of it
(other than page caching) without our prior written consent.
This license does not permit any resale or commercial use of the
website or its contents; any collection and use of any product
listings, descriptions or prices; any derivative use of the
website or its contents; any downloading or copying of account
information for the benefit of another merchant; or any use of
data mining, robots or similar data gathering and extraction
tools. The website or any portion of the website may not be
reproduced, duplicated, copied, sold, resold, visited or
otherwise exploited for any commercial purpose without our prior
written consent.
9.2 HYPERLINKS. You may not frame or utilize framing techniques to
enclose any trademark, logo or other proprietary information
(including images, text, page layout or form) of the website or
our affiliates without our prior written consent. You may not
use any meta tags or any other “hidden text” utilizing the
bestbraais.co.za name or trademarks without our prior written
consent. You are granted a limited, revocable and non-exclusive
right to create a hyperlink to the home page of the website so
long as the link does not portray us, our affiliates, or our
products or services in a false, misleading, derogatory or
otherwise offensive manner. You may not use any bestbraais.co.za
logo or other proprietary graphic or trademark as part of the
link without our prior written permission.
9.3 THIRD-PARTY LINKS. The website may provide links to other
websites that may offer services to you. We are not responsible
for evaluating the content or offerings made on these websites.
We do not endorse or warrant the offerings of any of the
businesses or individuals, nor are we responsible for the
content of the websites to which links may be provided, or that
of any third-party websites which may be accessed through these
linked websites. No liability will be attributed to us for any
dealings with any other websites accessed through links provided
by the website, and you are solely responsible for assessing the
terms and conditions and privacy provisions of any of these
websites.
9.4 REGISTRATION. To make a purchase through the website, you may be
required to register as a purchaser. Registration is restricted
to individuals who may legally enter into binding and
enforceable agreements. No person under the age of 18, or not
legally permitted to enter into a binding and enforceable
agreement, may register as a purchaser. Registration is free and
does not obligate you to purchase anything or release
information such as credit card numbers or bank account details.
You are required to provide complete and accurate information
about yourself and you warrant that the information provided is
correct.
9.5 PASSWORD AND ACCOUNT SECURITY. Without a valid email address
(your user identification) and password, you might not be able
to purchase products or services displayed on the website. You
are solely responsible for ensuring the confidentiality of your
password, which authenticates your identity. You acknowledge
this responsibility and agree that any communication or
transaction that may be made using your password will be
attributed to you. If you suspect that the confidentiality of
your password has been compromised, you should immediately
advise us of this fact by email. We will, on receipt of the
email, suspend your registration pending your further
instructions. You remain responsible for all transactions
effected prior to the suspension of your registration and liable
for any payments that may flow from those transactions, unless
the transaction results from our negligence or is effected after
you have notified us of a suspected compromise of your password.
9.6 TERMINATION OR SUSPENSION OF REGISTRATION. If you are in breach
of, or we reasonably believe that you may be in breach of, any
of these terms, we may, in our sole discretion, either suspend
or terminate your registration as a purchaser.
9.7 ELECTRONIC COMMUNICATIONS. When you visit the website or send
emails to us, you are communicating with us electronically. You
consent to receive communications from us electronically. We
will communicate with you by email or by posting notices on the
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.
9.8 INTELLECTUAL PROPERTY. Copyright in any information or
trademarks displayed on the website is protected by worldwide
copyright laws and treaty provisions. The copyright of these
materials is held by us or by the original creator of the
materials, or by suppliers and service providers to the website.
None of the materials may be copied, reproduced, modified,
published, uploaded, posted, transmitted or distributed in any
form or by any means other than as described on the website or
with our prior written permission. All rights not expressly
granted herein are reserved. Any unauthorized use of the
materials appearing on the website may violate copyright,
trademark and other applicable laws and could result in criminal
or civil penalties.
9.9 WEBSITE “AS IS” DISCLAIMER.
(a) The website is provided by us on an “as is” and “as
available” basis. Your use of the website is at your sole
risk.
(b) To the maximum extent permitted by law, neither we nor our
members, employees, officers, suppliers or service
providers make any representations or warranties of any
kind, express or implied, as to the operation of the website
or the information, content or materials included on the
website. We do not warrant that the website, its servers, or
any email sent from us are free of viruses or other harmful
code.
(c) To the maximum extent permitted by law, we will not be
liable for any damages of any kind arising from your use of
the website, including but not limited to direct, indirect,
incidental, punitive and consequential damages. In no event
will we be liable for lost profits, lost data, or any
special, incidental or consequential damages arising out of
or in connection with your use of the website, even if we
have been advised of the possibility of such damages.
(d) This clause applies to your use of the website only. It
does not apply to:
(i) any goods or services supplied by us (which are
governed by Section 5 and Section 6);
(ii) any marketing or direct marketing communications
(which are governed by Section 2);
(iii) any dispute between you and us (which is governed by
Section 11); or
(iv) any liability that cannot be excluded or limited by
law, including liability arising under the CPA.
9.10 ADVERTISING AND PRINTED MATERIAL. While we make every
reasonable effort to ensure that all product information and
pricing in any form of communication material is factually
correct at the time of communicating it to the public, we
cannot be held responsible if any factual errors occur. Please
check pricing and specifications on the website for any
changes. All prices exclude delivery costs unless expressly
stated otherwise.
9.11 SECURITY. While we and our affiliates take commercially
reasonable care to safeguard information provided by you on the
website from unauthorized access or disclosure, we do not
represent or guarantee that the safeguards will provide
absolute protection. We will not be obliged to encrypt any
information sent to you, received from you or stored on your
behalf or for the purposes agreed in this agreement, unless
agreed with you in writing. We cannot be held responsible for
security breaches occurring on your electronic device (personal
computer or other electronic device used to browse the website)
that may result from inadequate virus protection software or
spyware that you may inadvertently have installed. By placing
an order with us (whether verbally, by telephone, by email or
via the website), you expressly and unequivocally agree that
we may share your contact details and address with relevant
third parties in order to effect the transactions agreed to.
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SECTION 10: SPECIAL ARRANGEMENTS
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10.1 STANDARD TERMS PREVAIL. These standard terms and conditions
apply to all transactions with us. We reserve the right to
apply these standard terms regardless of any special
arrangement or request that may have been made by, or to, any
of our staff, representatives, contractors or third party
service providers.
10.2 MEMBER-LEVEL WRITTEN AGREEMENT REQUIRED. Only a special
arrangement that has been agreed to in writing and signed by
all members of Best Braais CC will prevail over these
standard terms, to the extent of any conflict between the
special arrangement and these standard terms.
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SECTION 11: COMPLAINTS AND DISPUTES
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11.1 STEP 1 – CONTACT US FIRST. If you have any complaint about the
goods, services or any other aspect of your transaction with
us, please raise it with us so that we have a fair opportunity
to resolve it. You may do so by replying to any email you have
received from us from a bestbraais.co.za address, or by sending
a new email to [email protected] with the subject line
prefixed “COMPLAINT – ” followed by your order number, stating:
(a) your name and order number;
(b) the nature of your complaint; and
(c) the remedy you are seeking.
11.2 HOW WE WILL RESPOND. We will:
(a) acknowledge receipt of your complaint within 2 (two)
business days; and
(b) use reasonable efforts to investigate and respond
substantively to your complaint within 10 (ten) business
days of receipt. Where the nature of the complaint prevents
us from responding substantively within 10 business days,
we will tell you what is happening and when you can expect
a substantive response.
11.3 ESCALATION IF UNRESOLVED. If we cannot resolve your complaint
to your satisfaction, or if you are not satisfied with our
response, you may at any time refer the matter to:
(a) the National Consumer Commission or your provincial
consumer affairs office;
(b) an applicable industry ombud with jurisdiction over the
goods or services; or
(c) a court of competent jurisdiction.
11.4 STATUTORY RIGHTS PRESERVED. Nothing in this section requires
you to use our internal process, mediation or arbitration
before approaching a regulator or court. You retain all rights
and remedies under the CPA, the ECTA and any other applicable
law.
11.5 VOLUNTARY REFERRAL TO MEDIATION / ARBITRATION. Once a complaint
has been raised under clause 11.1, either you or we may refer
the dispute to mediation, and if mediation does not resolve it,
to arbitration, in accordance with the Mediation and
Arbitration rules of TrustEnforce.org (or such other accredited
alternative dispute resolution provider as the parties may
agree in writing). The TrustEnforce.org rules are deemed to be
incorporated by reference into this clause and may be accessed
at www.trustenforce.org.
11.6 NON-EXCLUSIVE. The right to refer a dispute to mediation or
arbitration under this section is in addition to, and not in
substitution for, any other right or remedy you have under
applicable law, including your right to approach the National
Consumer Commission, a provincial consumer affairs office, an
applicable ombud, or a court of competent jurisdiction.
11.7 PLACE AND LANGUAGE. For any dispute referred to mediation or
arbitration under this section:
(a) the place of mediation and arbitration is deemed to be
Cape Town;
(b) the mediation and arbitration are governed by the law of
the Republic of South Africa; and
(c) the language used is English.
11.8 SERVICE OF PROCESS. For the purposes of any mediation,
arbitration or related legal process:
(a) you choose the email address you have previously used to
communicate with us in connection with the order (or such
other email address as you notify us of in writing from
time to time);
(b) we choose [email protected]; and
(c) in addition to email, we may serve any document on you by
registered post to your last known physical address.
Service is deemed effective:
– in the case of email, on the second business day after the
email is sent; and
– in the case of registered post, on the date of delivery as
recorded by the South African Post Office or equivalent
postal service.
This deemed-service rule applies only to the service of
documents in mediation, arbitration or related legal process
under this Section 11. It does not start, shorten or otherwise
affect any cancellation, return, complaint or remedy period you
have under the CPA or the ECTA, and statutory notices are
effective in accordance with the applicable law.
11.9 NO BAR TO OTHER REMEDIES. By using the website and accepting
these conditions, you acknowledge that mediation and
arbitration under this section are voluntary, that you are not
required to use them, and that they do not prevent you from
exercising any other right or remedy available to you.
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SECTION 12: GENERAL
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12.1 AMENDMENT. We reserve the right to change, modify, add to or
remove portions or the whole of these terms from time to time.
Changes will become effective upon being posted to the website.
It is your obligation to periodically check these terms on the
website for changes or updates. Your continued use of the
website following the posting of changes or updates will be
considered notice of your acceptance to abide by and be bound
by these terms, including such changes or updates. Amendments
do not apply to orders already placed and accepted before the
amendment was posted; those orders remain governed by the terms
in force at the time of acceptance.
12.2 GOVERNING LAW. The website and all communications and
transactions concluded using the website are governed by, and
you agree to the application of, the laws of the Republic of
South Africa. The website is intended for consumers in South
Africa.
12.3 SEVERABILITY. Any provision in these terms which is or may
become illegal, invalid or unenforceable in any jurisdiction
affected by these terms shall, as to such jurisdiction, be
ineffective to the extent of such prohibition or
unenforceability and shall be treated as if it were not
written, and severed from the balance of these terms, without
invalidating the remaining provisions of these terms or
affecting the validity or enforceability of such provision in
any other jurisdiction.
12.4 NO MINIMUM DURATION. There is no minimum duration of
agreements entered into between users and registered purchasers
to use the website. All agreements endure indefinitely,
subject to either party’s rights to terminate the agreement.
The termination of the agreement by either party shall be
without prejudice to any rights between the parties existing
at the time of the termination, which shall endure beyond the
date of termination.
12.5 THIRD-PARTY CREDIT ARRANGEMENTS. Any monthly instalment
amounts displayed on the website (for example, in the
Mobicred instalment widget) are for illustrative purposes
only. Such amounts are calculated using the relevant credit
provider’s instalment widget, which provides an estimate of
what the monthly repayment may be if a product were purchased
through that credit provider and repaid over a period of
twelve (12) months. The displayed instalment values are
approximate and may not reflect the final terms offered by the
credit provider. Buyers are advised to contact the credit
provider directly for detailed, accurate and up-to-date
information regarding credit terms, interest rates and
repayment obligations. Best Braais CC is not a financial
services provider, does not offer credit directly, and is not
affiliated with any credit institutions. Any credit
agreements entered into by a buyer with a credit provider are
entirely separate from the purchase of products on the
website. In the event of a dispute or query relating to a
credit agreement, the buyer acknowledges that Best Braais CC
cannot be held liable or accountable. All such matters must
be resolved directly between the buyer and the credit
provider.
12.6 ASSIGNMENT. You may not assign, transfer or delegate your
rights or obligations under these terms without our prior
written consent. We may assign, transfer or delegate our
rights and obligations under these terms to any third party
without notice to you.
12.7 ENTIRE AGREEMENT. These terms (together with the proforma
invoice, tax invoice and any special arrangement agreed in
writing under Section 10) constitute the entire agreement
between you and us in respect of the subject matter and
supersede all prior agreements, representations and
understandings.
12.8 CONTACT US. For any questions about these terms, or to
exercise any of your rights under these terms, please contact
us:
Best Braais CC
Registration number: CK2002/066854/23
Email: [email protected]
Website: bestbraais.co.za
Address: Cape Town, Western Cape, South Africa
(Our full registered office address is on file with the
Companies and Intellectual Property Commission (CIPC) and
is available on written request for the purpose of formal
legal service.)
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END OF TERMS AND CONDITIONS
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Supplying South Africans with quality built-in braais and related
products since 2002.