BAZAVRA.COM TERMS OF SERVICE
These Terms of Service (“Terms”) are effective as of: 21 September 2020 (“Effective Date”)
READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. YOUR CONTINUED USE OF THIS WEBSITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS. ALL SECTIONS OF THESE TERMS ARE APPLICABLE TO ALL USERS UNLESS THE SECTION EXPRESSLY STATES OTHERWISE.
Introduction
The website www.bazavra.com (“the Website”) is operated and/or owned by Bazavra.com (hereinafter referred to as “Bazavra.com”, “we”, “our” or “us”). The Terms herein are entered into by and between Bazavra.com and the User. Any reference to “Bazavra.com”, “we”, “our” or “us”, shall include our employees, officers, directors, representatives, agents, shareholders, affiliates, subsidiaries, holding companies, related entities, advisers, sub-contractors, service providers and suppliers.
These terms, including any document incorporated by reference herein, including, but not limited to the Privacy Policy (collectively, the “Terms”) apply to any User who uses any one or more of the Services, accesses, refers to, views and/or downloads any information or material made available on the Website for whatever purpose (hereinafter referred to as “User”, “you” or “your”).
Accessing and/or use of the Website after the Effective Date will signify that you have read, understand, accept, and agree to be bound, and are bound, by the Terms, in your individual capacity and for and on behalf of any entity for whom you use the Website. Further, you represent and warrant that you have the authority to do so and that you are a Competent Person (as defined in the Protection of Personal Information Act, 4 of 2013, as amended).
To the extent permitted by applicable law, we may modify the Terms with prospective effect without prior notice to you, and any revisions to the Terms will take effect when posted on the Website. Such modifications will require acceptance by you prior to your continued use of the Website and shall thereby be construed as your consent to the amended or updated Terms. Your only remedy, should you not agree to these Terms, is to refuse acceptance of the amended or updated Terms, thereby preventing your use of this Website.
Terminology
- “Browser” shall mean any person who visits any page of the Website, whether by landing at the home page or any other page through use of a hyperlink of another website or by direct access to the Website and who has no intention of using, or does not use, the Services offered by us;
- “Business Days” shall mean any days which are not a Saturday, Sunday or gazetted public holiday in the Republic of South Africa during working hours;
- “Cart” shall mean the User’s Cart on the Website in which it stores intended purchases prior to payment being made;
- “Goods” shall mean the products and/or services as made available to a User for purchase on the Website, and which shall include, inter alia, goods and/or services relating to the following: Fine Jewellery;
- “Party” or “Parties” shall mean Bazavra.com and/or or the User as the context implies;
- “Personal Information” shall mean the Personal Information as required from the User in order to register for the Services;
- “Registration Process” refers to the Registration Process to be followed by a Browser on our Website in order to enable them to use the Services and thus make the transition from a Browser to a User;
- “Services” shall refer to the Services provided by us to the User as set out in clause Clause 4 below;
- “Terms” shall mean these Terms of Service as read together with the Privacy Policy, which Privacy Policy may be found at Privacy Policy; and
- “User” shall mean the Browser who completes the Registration Process on the Website in order to make use of the Services.
Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
Your agreement to these Terms
Subject to, and on the basis of a User’s acceptance of the Terms, we grant to you a limited, revocable, non-transferable license to access and use the Website in accordance with the various policies and agreements which may govern such use and access.
Description of our Services
The Website enables you to shop for and purchase Goods.
Registration Process
Only Users may order and purchase Goods through the Website.
In order to register as a User, you will, through the Registration Process, be prompted to provide login details as well as submit certain Personal Information as contained in the Privacy Policy. The provisions pertaining to the processing of your Personal Information are set out more fully in our Privacy Policy.
In the event of a User being of the view that their login details are being used by someone else, please contact us immediately at info@bazavra.com.
Purchase of Goods
The Goods as selected by the User for purchase together with the individual price thereof shall be reflected in the User’s Cart. The price of each of the Goods shall automatically be tallied in the Cart, as a total, which total shall be inclusive of VAT to the extent that we are registered for VAT.
The cost of delivery of the Goods shall also be included in the total comprising the User’s Cart.
Payment
Payment may be made in one of the following manners:
- Credit Card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases, we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation, your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website.
- Electronic Funds Transfer (EFT) or Bank Transfer: Goods will only be released for delivery once payment has been received into our banking account.
Delivery of Goods
The Goods shall be delivered to the User through the services of a courier of our selection:
- The Goods shall be delivered to the User at the address selected during the payment process.
- The Goods shall be delivered, where possible, on a Business Day, but this shall depend on the courier company.
- Any additional charges that may be levied in respect of the delivery of the Goods or forced return of the Goods such as, but not limited to, custom blockage in respect of a User outside of the Republic of South Africa, shall be for the User’s account.
- We shall endeavour to have the Goods delivered to you within one month of payment being received by us. However, we shall not be held liable for any late deliveries attended to.
- Our obligation to provide the Goods to you is fulfilled upon delivery thereof. We are not responsible for any loss or unauthorised use of the Goods after provision thereof to you.
Warranties by the User
The User warrants and represents that the Personal Information provided to us is and shall remain accurate, true, and correct and that the User will update the Personal Information held by us to reflect any changes as soon as possible.
The User further warrants that when registering on the Website it:
- is not impersonating any person; and
- is not violating any applicable law regarding use of personal or identification information.
Further and insofar as the Registration Process is concerned, the User warrants that the login details shall:
- be used for personal use only; and
- not be disclosed by a User to any third party.
The User agrees that, once the correct login details relating to the User’s account have been entered, irrespective of whether the use of the login details is unauthorised or fraudulent, the User will be liable for payment of any such Goods purchased.
Warranties by Bazavra.com
We make no representation or warranty (express or implied) that the Website or Services will:
- meet a User’s needs;
- be accessible at all times;
- be accurate, complete or current; or
- be free from viruses.
Subject to any express terms, Bazavra.com makes no representation or warranty as to the volume or subject area of Services accessible through the Website.
Except for any express warranties in these Terms, the Services are provided “as is.” Bazavra.com makes no other warranties, express or implied, statutory or otherwise, including but not limited to warranties of merchantability, title, fitness for a particular purpose or non-infringement. We do not provide any warranties against viruses, spyware, or malware that may be installed on your computer as a result of you accessing or using the Website.
Bazavra.com does not warrant that the use of the Website will be uninterrupted or error-free, nor does Bazavra.com warrant that we will review information for accuracy.
Bazavra.com shall not be liable for delays, interruptions, service failures, or other problems inherent in use of the internet and electronic communications or other systems outside the reasonable control of Bazavra.com. While a User may have statutory rights, the duration of any such statutory warranties will be limited to the shortest period to the extent permitted by required law.
We reserve the right to remove any review or comment that we, in our sole discretion, deem to be offensive, inappropriate, or in violation of these Terms.
Users are prohibited from using the Website or our email addresses for the following:
- To conduct any fraudulent activities;
- To impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- To violate any local, national or international law or regulation;
- To upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- To interfere with or disrupt the Website, servers, or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website;
- To use any data mining, robots, or similar data gathering or extraction methods in connection with the Website;
- To attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, including but not limited to, by hacking, password mining, or any other unlawful means.
Intellectual Property
All content on the Website, including but not limited to, text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, is the property of Bazavra.com or its content suppliers and is protected by international copyright laws. The compilation of all content on this site is the exclusive property of Bazavra.com and is protected by international copyright laws.
Limitation of Liability
In no event shall Bazavra.com, its directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Website, including but not limited to, loss of data, revenue, profits, or business opportunity.
Indemnification
You agree to indemnify, defend, and hold harmless Bazavra.com, its directors, officers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation of these Terms.
Termination
We may terminate or suspend your access to the Website without prior notice or liability for any reason whatsoever, including without limitation if you breach these Terms. Upon termination, your right to use the Website will immediately cease.
Governing Law
These Terms shall be governed and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions.
Contact Information
If you have any questions about these Terms, please contact us at:
- Email: info@bazavra.com
- Phone: 082 817 9799
Entire Agreement
These Terms, including our Privacy Policy, constitute the entire agreement between you and Bazavra.com regarding your use of the Website, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.
Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable.