Effective from 25th September 2020
IT IS IMPORTANT TO NOTE THAT THE USE OF THIS WEBSITE OR BUYS MANAGEMENT’S PRODUCTS AND SERVICES ARE SUBJECT TO THE TERMS AND CONDITIONS SET OUT BELOW. BY USING THIS WEBSITE OR BUYS MANAGEMENT’S PRODUCTS AND SERVICES YOU AGREE TO OBSERVE ALL TERMS & CONDITIONS, INCLUDING ANY PRIVACY OR OTHER POLICIES WHICH MAY APPEAR ELSEWHERE ON THIS WEBSITE. IF YOU DO NOT AGREE WITH ANY TERM OF THESE TERMS AND CONDITIONS, YOU MUST CEASE YOUR USE OF THIS WEBSITE OR BUYS MANAGEMENT’S PRODUCTS AND SERVICES IMMEDIATELY.
1. Definitions and Interpretation
1.1. “Products” mean any products or services available on this Website or provided by Buys Management.
1.2. “Buys Management” means Buys Management (Pty) Ltd
1.3. “You” or the “user” means any person who accesses this Website for any purpose or purchases or uses any of the Products and Services.
1.4. “Website” means the website of Buys Management at URL www.buysmanagement.co za or such other URL as Buys Management may choose from time to time.
2. Use Subject to these Terms and Conditions
2.1. Your use of and access to this Website and your use and purchase of Products and Services is at all times governed by the terms of these terms and conditions, and by accessing this Website or purchasing a Product or Service, you agree to adhere to the provisions thereof. Your agreement to these terms and conditions will be deemed to have been given on the date when you first accessed this Website or purchased the Products or Services.
2.2 IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST CEASE YOUR ACCESS OF THIS WEBSITE OR YOUR USE OF THE PRODUCTS AND SERVICES IMMEDIATELY.
2.4 Please note that, due to legal and other developments, Buys Management may be required to amend these terms and conditions from time to time without notice. It is your duty to remain appraised of the current version of these terms and conditions. Please refer to the last revision date at the top of this document. Continued use of the Website subsequent to any amendments having been affected constitutes your acceptance of the terms and conditions as amended.
3. Registration of Account on Website
3.1 You can create an account on the Website and you accept that you are solely responsible for the consequences of your use of your account and for maintaining it and all information in it.
3.2 You agree:
3.2.1 not to use your account to commit any unlawful activity, or in a way which is likely to be defamatory or cause offence;
3.2.2 not to divulge your username or password to any other person; and
3.2.3 not to impersonate any other person in dealing with Buys Management and particularly not to access the Website using another user’s username and password.
4. Products and Services
4.1 All Products displayed on the Website are limited and are subject to availability.
4.2 The Products, and any samples thereof, available on the Website are for your personal use only. You may not sell or resell any of the services, products or samples you receive from Buys Management. If, in Buys Management’s sole discretion, it believes that any order to be filled or products/services to be provided to you may result in the violation of these Terms, Buys Management reserve the right, with or without notice, to cancel or reduce the quantity thereof or to deny completing Service.
4.3 Buys Management does not make any promises, representations, warranties or guarantees with reference to the Products and Services except such as are consistent with these Terms or as are expressly authorised by Buys Management in writing.
4.4 Buys Management will make all reasonable attempts to ensure that when the stock is no longer available the item, in particular, is removed from the Website or clearly marked as out of stock. In the case of Services, when Buys Management does not have the capability to fulfill more services within a particular time period, it will be clearly marked on the website.
4.5 If Buys Management is unable to fulfil any Order because the item is sold out or Buys Management is fully booked for the Service, you will be informed and entitled to a reimbursement for the rand value you have paid for such item and/or Service.
4.6 Buys Management will make all reasonable attempts to ensure that promotional items are removed when stock runs out or marked out of stock, or when Services are no longer available for a time period.
4.7 Buys Management reserves the right to communicate any product and service changes to you on the Website, which may include but is not limited to, the discontinuation of Products and Services, packaging and name changes.
4.8 All digital products, ebooks, pdf-downloads, resource material, videos, 1-on-1 services, systems, processes and online content are subject to copyright protection. Each digital product, ebook, pdf download, service and online content sold is licensed to a single user only. Customers are not allowed to copy, distribute, share and/or transfer the product/s (and/or their associated username/passwords) they purchased to any third party or person. In some cases, Buys Management Pty Ltd may encrypt, force password and/or stamp license details (including customer name, address etc) on its digital products and services to ensure additional safety.
5.1 The Website allows you, the User, to place electronic orders (“Order”) for one or more Products and Services on offer as long as the Products or Services are available and are not sold out or unavailable.
5.2 A sale agreement (“Sale”) between you and Buys Management will only come into effect if:
5.2.1 You have fully completed AND submitted the online Order form for one or more Products or Services in your basket;
5.2.2 Your payment has been authorised by Buys and/or has been received into Buys Management’s bank account;
5.2.3 The Product or Service is available.
5. 3 You are not able to reserve Products or Services to be bought at a later stage and placing an item in your basket or adding an item to a “Wishlist”, without fully completing the Order does not amount to a Sale or an Order.
5.4 If a Product or Service goes out of stock or becomes unavailable before the Sale takes place, Buys Management is authorised to remove any item from your basket.
5.5 Buys Management may not be held responsible if an Order has become unavailable by the time you try to complete a Sale at a later stage.
5.6 The invoice for your purchase will be available online in your account on the Website and a copy of this invoice will be included in your parcel or via email records.
6.1 The once-off purchase price for the Product or Service will be set out on the Website and is subject to change.
6.2 All payments must be made in South African rands (ZAR). Your total Order price will include the price of the purchase plus any applicable sales tax (VAT), shipping costs and payment fees.
6.3 Once payment is made, it is deemed that you have read and understood these Terms so don’t make a purchase through this Website unless you understand and agree to all the Terms and Conditions.
6.4 Buys Management reserves the right to change pricing at any time without prior notice.
6.5 If you pay using the Website or application then you authorise Buys Management and certain third-party service providers, to receive, store and encrypt your payment information.
6.6 Buys Management’s payment gateways use the strictest form of encryption and no credit card details are stored on the Website.
7. Delivery of Products
7.1 If you order a Product or Service on Buys Management’s Website, it will be delivered, or in the case of Services provided digitally, to your chosen address within the time period as set out in your Order confirmation, depending on your location.
7. 2 Subject to stock availability with suppliers and receipt of payment, Orders will be processed within 7 (seven) working days and handed over to a courier company for delivery. A delivery fee applies to Orders.
7.3 In case of digital Products, ebooks or pdf-downloads and Services, you will be redirected back to the Website after purchase or you will receive an email from Buys Management with a link to download the Product or contacted via email to discuss the Service you paid for. If you are not redirected back to the Website after purchase or you do not receive an email from Buys Management with a link to the Product, you can immediately contact Buys Management with your transaction details, including the email ID through which the payment was made. Buys Management will revert back to you with your Product or Service details and a download link as soon as possible.
7.4. Delivery times vary. On average you can expect deliveries to metropolitan area addresses i.e. Cape Town, Johannesburg, George, Port Elizabeth, Durban, Bloemfontein and Pretoria within 7 (seven) business days. Outlying areas expect delivery in 10 – 15 business days. This time periods are estimates and are not meant to be taken as exact delivery times. In the case of Services, a time period is always discussed via email to keep record of communication between The User (you) and Buys Management.
8. Ownership and Risk
8.1 Ownership of all Products is retained by Buys Management until payment has been made in full, upon which ownership will pass to you.
8.2 Once the purchase price for the Product has been paid, and the Product delivered to you, ownership and risk in the use of the Product will pass to you.
8.3 Buys Management reserves all rights to digital content and digital services executed by Buys Management indefinitely. This includes, but is not limited too, website development content and branding, systems and processes used and/or taught by Buys Management and intellectual property.
9. Returns or Refunds
9.1 YOU ARE ENTITLED TO CANCEL, WITHOUT REASON AND WITHOUT PENALTY, ANY PURCHASE WITHIN 7 (SEVEN) DAYS AFTER THE DATE OF ORDER (OR PAYMENT, IF APPLICABLE). YOU WILL BE ENTITLED TO A FULL REFUND OF SUCH PAYMENT; WHICH REFUND WILL BE MADE WITHIN 30 (THIRTY) DAYS OF THE DATE OF CANCELLATION. THIS ONLY APPLIES TO PHYSICAL PRODUCT, NOT DIGITAL PRODUCTS AND SERVICES.
9.2 Under no circumstances will Products that have been unpacked, or used be accepted for return or credit, it being your responsibility to inspect the Products immediately upon delivery (and most importantly prior to the use of the Products).
9.3 Digital Products are deemed “used” after download or opening. Services are deemed used after Buys Management has began official communications about the service after payment has been confirmed. Buys Management does not allow returns or exchanges for any purchases of digital Product and Services.
9.4 Should the CPA be applicable to these Terms, the relevant Order, or to you as the case may be, the provisions of these Terms will not be interpreted to exclude your rights under sections 54, 55, and 56 of the CPA, which are admitted only to the minimum possible extent. Unless the contrary is stated elsewhere in these Terms, you will have no rights in respect of quality of service, safe & good quality goods or implied warranty of quality beyond those explicitly stated in those sections.
10.1 All information viewed or accessed from this Website are provided “as is” without any warranty, whether express or implied unless this is specifically imposed by law.
10.2 All material included in the Website is intended for information purposes only and does not represent legal advice. You are hereby placed under notice that you should take appropriate steps to verify such information.
10.3 You should not act or refrain from acting on the information contained in this Website without first verifying the information and as necessary obtaining legal and/or professional advice.
10.4 The contents of the Website should under no circumstances be seen as a quotation or invitation to do business.
10.5 Any use of or reliance on this Website, the contents of this Website or the information provided through this Website will be at your sole risk. Buys Management makes no representations or warranties whatsoever as to the accuracy of the information contained in this Website.
10.6 Buys Management does not warrant that this Website or the delivery, hosting and ancillary services or facilities of third party suppliers utilised by Buys Management will continue to operate, will operate without interruptions or will be error-free or that it will be free of any software virus or other harmful component. You will be entirely responsible for any resulting damage to software or computer systems and/or any resulting loss of data caused as a result of any use of this Website.
11. Third Party Sites
11.1 The Website contains hyperlinks to websites owned and / or operated by third parties. Buys Management is not responsible for the content of such websites and does not endorse or approve the contents thereof.
11.2 Buys Management consequently does not accept any liability in connection with any third party websites that may be linked to this Website (regardless of whether or not a link has been permitted by Buys Management ) and is not responsible for the content of any website that is linked to this Website. The fact that a website is linked to this Website does not imply that Buys Management sponsors, endorses or is affiliated or associated with the entity that owns or is responsible for the website.
12. Intellectual Property
12.1 Except where expressly stated to the contrary, copyright in the HTML, text, graphics, audio clips, video clips, source and / or object code and all other works contained in this Website is owned by Buys Management, which asserts and reserves all of its rights in this regard. Access to or use of this Website will not in any way result in an assignment or license of any intellectual property owned by Buys Management or any other party.
12.2 The contents of this Website may not be transmitted, transcribed, reproduced, stored or translated into any other form without the prior written permission of Buys Management.
12.3 No other use of this Website is permitted. Without restricting the generality of the foregoing, you may not make commercial use of the content of this Website, include the content of this Website in or with any product that you create or distribute, or copy the content of this Website onto your own or another’s website, unless as set out in these terms and conditions.
13. Linking, Framing, Crawling and removal of branding.
13.1 The express permission in writing of Buys Management is required before any hyperlink other than to the Home Page of this Website is created. Permission, if granted, will be subject to the condition that the party linking to this Website alerts users to the application of these terms and conditions. Requests for permission can be emailed to email@example.com.
13.2 Permission to link to this Website is given without assumption of any liability. Buys Management reserves the right to withdraw permission granted to link to this Website at any time and for any reason.
13.3 The express permission in writing of Buys Management, which may be subject to conditions, is required before this Website, any of its pages and/or any of the information contained on the Website is framed. Requests for permission can be emailed to firstname.lastname@example.org.
13.4 Apart from bona-fidesearch engine operators and use of the search facility provided on the Website for users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the Website for any purpose without the prior written consent of Buys Management.1
3.5 No individual, business or any such person is allowed to remove any form of branding placed by Buys Management. All services, including but is not limited too, websites developed, edited, upgraded, hosted, etc. by Buys Management will have the Buys Management branding embedded on it unless special permission has been given by Buys Management to have said branding removed. Removal of this branding without written consent is an official offense and goes against this Terms and is therefore an act that can and will result in formal prosecution punishable by law. A once-off branding removal cost of R5000 is payable upon request. This fee is non-negotiable, non-refundable and will result in the branding being removed after 14-business days. Requests for permission can be emailed to email@example.com.
14.1 Buys Management will pursue prosecution of and compensation from any person who delivers or attempts to deliver any destructive code to this Website or attempts to gain unauthorized access to any page on this Website.
14.2. While Buys Management takes all reasonable security precautions, no liability will lie for damage caused by the malicious use of this Website or by destructive data or code that is passed on to you through the use of this Website.
15. Personal Information
15.1 When you access or use the Website, sign up for a Buys Management newsletter, opt into marketing communication, register an account, conclude a purchase or transaction, or send an email to firstname.lastname@example.org, you agree to receive electronic communication from Buys Management and you are able to ‘opt out’ at any given time.
16. Disclaimer Warranties and Liability and Indemnity
16.1 For the purposes of this clause “damages” means and includes:
all losses, liabilities, and damages relating to or arising from these Terms or the Services, howsoever arising, whether out of breach of express or implied warranty, misrepresentation, negligence, vicarious or strict liability, in delict or otherwise, and whether foreseen or not; and
16.1.2 Any legal costs (including legal fees at an attorney and own client scale and disbursements and costs of investigation, litigation, settlement, judgment, interest and penalties) or other costs, claims or demands.
16.3 TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER OR ANY THIRD-PARTY FOR ANY INDIRECT DAMAGES (INCLUDING CONSEQUENTIAL, EXTRINSIC, SPECIAL OR INCIDENTAL LOSS OR DAMAGES WHICH WILL INCLUDE BUT NOT BE LIMITED TO LOSS OF PROPERTY OR LOSS OF PROFIT, BUSINESS, GOODWILL, REVENUE OR ANTICIPATED SAVINGS), OR AGGRAVATED DAMAGESIN CONNECTION WITH THE USE OF THE PRODUCTS OR THE USE OR INABILITY TO USE THIS WEBSITE WHETHER DIRECTLY OR INDIRECTLY RESULTING FROM INACCURACIES, DEFECTS, ERRORS, WHETHER TYPOGRAPHICAL OR OTHERWISE, OMISSIONS, OUT OF DATE INFORMATION OR OTHERWISE, EVEN IF SUCH LOSS WAS REASONABLY FORESEEABLE AND BUYS MANAGEMENT HAD BEEN ADVISED OF THE POSSIBILITY OF THE SAME.
16. 4 BY PLACING AN ORDER ON THE WEBSITE YOU AGREE IN THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THAT YOU SHALL HAVE NO CLAIM WHATSOEVER AGAINST BUYS MANAGEMENT AND THAT YOU HEREBY AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS BUYS MANAGEMENT FROM AND AGAINST ANY AND ALL LOSS, DAMAGE, ACTIONS, PROCEEDINGS, CLAIMS AND DEMANDS (INCLUDING, WITHOUT LIMITATION, ANY ACTION, PROCEEDING, CLAIM OR DEMAND INSTITUTED OR MADE BY ANY CUSTOMER OR OTHER PERSON WHOMSOEVER) AND LEGAL AND OTHER COSTS AND EXPENSES (INCLUDING LEGAL COSTS ON AN ATTORNEY AND OWN CLIENT SCALE) OF WHATSOEVER NATURE AND HOWSOEVER ARISING (INCLUDING, BUT NOT LIMITED TO, IN CONNECTION WITH OR ARISING FROM INJURY OR DEATH OR ANY LOSS OF OR DAMAGE TO ITS OR ANY OTHER PERSON’S PROPERTY) WHICH YOU OR ANY OTHER PERSON MAY INCUR OR SUFFER ARISING FROM THE USE OF THE PRODUCTS OR MATTERS CONNECTED THEREWITH OR RELATED THERETO.
17. 1. These terms and conditions are governed by and construed in accordance with the law of the Republic of South Africa; you and Buys Management both agree to submit any dispute arising out of the use of this Website to the exclusive jurisdiction of the courts of the Republic of South Africa.
18.1 Should any dispute of whatsoever nature arise between us and you concerning these Terms, we must try to resolve the dispute by negotiation within 10 (ten) business days from date of a written invitation by either of us.
18.2 If the dispute has not been resolved by such negotiation, either of us may submit, by written notice to the other, the dispute to the Arbitration Foundation of Southern Africa (“AFSA”) for administered mediation, upon the terms set by the AFSA. The receipt by either party of a notice as aforesaid, will constitute the submission of the dispute to arbitration for the purposes of delaying the completion of prescription in terms of section 13 of the Prescription Act No. 68 of 1969 or the corresponding provisions in any amendment thereto or replacement legislation.
18.3 Failing such a resolution, the dispute, if arbitrable in law, will be finally resolved in accordance with the Rules of the AFSA by an arbitrator or arbitrators appointed by AFSA.
18. 4 This clause constitutes an irrevocable consent by us and you to any proceedings in terms hereof and neither of us will be entitled to withdraw from the provisions of this clause or claim at any such proceedings that it is not bound by this clause.
18.5 The aforegoing will not restrict the right of either of us to apply to a competent court for relief of an urgent nature or should its intellectual property rights be violated or threatened.
18.6 Pending final settlement or determination of a dispute, we and you shall continue to perform our subsisting obligations hereunder.
19.1 These terms and conditions contain the record of the entire agreement between users and Buys Management in respect of access to and use of the Website and the purchase and use of Products and Services.
19.2 If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions which will remain in full force and effect.
19.3 Buys Management’s omission to exercise any right under these terms and conditions will not constitute a waiver of any such right unless expressly accepted by Buys Management in writing.
19.4 Notwithstanding the fact that hyperlinks in these terms and conditions to certain documents should be deemed part of these terms and conditions in terms of section 11 of the Electronic Communications and Transactions Act 25 of 2002, the fact that some or all of the hyperlinks may be non-operational, will not play a role in determination of the validity and interpretation of these terms and conditions.
20. Support and Questions
We will respond to any questions regarding the Products or Services and these Terms via email@example.com.