Terms & Conditions

Terms and Conditions

Website Terms and Conditions of Use Relating to bequest.co.za; Karona Industries (Pty) Ltd.


Please read this document carefully, as it contains the contractual terms under which the services are made available by Karona Industries t/a Bequest. Karona Industries provides the Services in conjunction with duly authorised and approved third party service partners.

Participation in the services will accordingly be subject to the then current version of these terms published on this website at the time of your use. You may not make use of our services if you do not accept these terms. Karona Industries reserves the right to introduce amendments to these terms and conditions as it shall from time to time think fit, by posting such amendments on its Website.

Our terms contain specific provisions to limit our liability, allocate risk or liability to you or constitute acknowledgement of facts by you. These terms have been set out in capital letters. You should pay particular attention to these terms since they limit your ability to recover losses that you may incur in connection with your use of our services.

If you are not yet 18, you must obtain your parents' or legal guardians' consent to be bound by our terms of use prior to you using any of our services. If you are under 18 and fail to obtain such consent you may not use our services.

We may change our terms of use from time to time. Such changes will take effect as and when published. Therefore, you should keep up-to-date with their content and read these terms of use at all times prior to using our services since the then current version of the terms will apply to your use.

Acceptance of these Terms and Conditions implies that you give consent for your personal details to be provided to us and/or our Service Partners, who will use this information for purposes of providing the services to you.

In the event of conflict between these terms and conditions and the terms and conditions imposed by the third party Service Partner, the Service Partner’s terms and conditions will prevail as far as they relate to the service offered by the Service Partner(s).

In making use of the Service You hereby acknowledge, understand and accept that KARONA INDUSTRIES is not acting as an agent or sub-contractor on behalf of Service Partners, but as the principle-contracting agent with you.

The Services are provided by Karona Industries and by using the Service you are deemed to have accepted these terms and conditions and agreed to abide by them.

We permit the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.


Part A: Information

For your convenience, we have listed some details about ourselves:

We are Karona Industries (Pty) Ltd t/a Bequest, a private company with limited liability, incorporated in accordance with the laws of the Republic of South Africa with registration number 2015/230611/07.

CONTACT DETAILS

Our telephone number is: Tel: 060924 3906

Our website is located at bequest.co.za

Our e-mail address is:info@bequest.co.za


Part B: Terms of Use

The following terms shall have the meanings ascribed to them below when used in these terms of use:

We, us and our means Karona Industries (Pty) Ltd t/a Bequest, and unless the context indicates otherwise, includes the affiliated entities in our company group and our representatives and service partners;

User and You means the person or entity using our website and/or making use of our Services;

Goods means the consumables and/or consumer products that we sell to you on a via our website and which the user can purchase and select for delivery;

Services means scheduled and recurring delivery from time to time of the specific goods sold by us to you;

Terms and Conditions means these Terms and Conditions which governs the User’s use of our website and our Services;

Website means the website located at the domain name www.bequest.co.za

By accessing the Website or using any function or service of the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. The User may not access, display, use, download, and/or otherwise copy or distribute Content obtained on the website for marketing and other purposes without our consent. Each time you access the Website, you agree to be bound by the Terms, as modified.


Content of the Website

Whilst every effort is made to update the information provided on the Website or any webpages comprising the website, We make no representation or warranty, whether express, implied in law or residual, as to the accuracy, completeness and/or reliability of any information, data and/or content contained on the website (collectively "information") and shall not be bound in any manner by any such information. We may at any time change or discontinue without notice, any aspect or feature of the Website.

We also reserve the right, in our sole discretion, to prevent the listing and sale of any goods on the website. No information contained on the website (and whether posted by ourselves or a third party) shall be construed as advice and is only offered for information purposes.


Electronic Communications

By accessing or using any function or service of this Website or communicating with us by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.


E-Commerce & Privacy

We Sell Goods Online. THE USE OF ANY PRODUCT BOUGHT FROM THIS WEBSITE IS AT THE USER’S RISK. THE PURCHASER/ USER INDEMNIFIES AND HOLDS US HARMLESS AGAINST ANY LOSS, INJURY OR DAMAGES WHICH MAY BE SUSTAINED AS A RESULT OF USING THE PRODUCTS SOLD ON THE WEBSITE.

The private information required for executing the orders placed through the e-commerce facility, namely the User's personal information and credit card details, delivery address and telephone numbers will be kept in the strictest confidence by the Provider and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the product.

The Provider undertakes that it has taken all reasonable precautions to secure the credit card processing that is carried out to receive payment for goods sold. The Provider cannot be held responsible for security breaches occurring on the User's electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.


Cookies

What is a cookie?

A cookie is a basic text file that is stored on your device (computer, mobile phone, tablet or other) by a website's server. Each cookie is unique to your web browser, and contains completely anonymous information such as a unique identifier and the website name. This allows a website to remember things like your personal preferences, products you prefer or what's in your shopping basket.

Why do we use cookies?

Our Website utilises first and third party cookies. This enables us to: a) Improve the User's experience on our Website through various means such as storing preferences (like keeping a User logged in) or determining aggregate usage behaviour (time on site, number of pages viewed etc.) through web analytics tools like Google Analytics. b) Provide more relevant Display Advertising to Users who have visited the Website, using third party tools such as the Google Analytics Remarketing.

Cookie opt-out

Most web browsers provide the option to block some or all cookie types should you wish to. Users can also opt out of the Google Display Network using the Ads Preferences Manager. Because many of our Website's features utilise cookies, we recommend that Users do not block them.


Registration

You are not entitled to use any of the services or purchase goods via the Website until you have been registered on the website. Once we have approved and accepted your registration, we will confirm this in an e-mail to you.

To register you must provide a unique username and password and provide certain personal details to ourselves. You agree and acknowledge that your username and password shall be used for personal use only and not be disclosed by you to any third party

You will be denied access unless you enter the correct username and password when purchasing the goods.


Orders

The advertising of any goods via the website merely constitutes an invitation by us to make an offer to purchase the goods in question. Once you have selected the specific goods you wish to purchase and submitted your order, you will be given the opportunity to review the entire transaction and correct any mistakes, before electing whether to withdraw from the transaction or proceed with the transaction.

By completing the “checkout” process on our website you are deemed to have submitted an offer to purchase the goods selected by you (“order”) and the order cannot be withdrawn by you unless expressly agreed to by ourselves. We reserve the right to cancel the order for any reason on notice to you.

Confirmation of receipt of the order will be e-mailed to you once we receive your order. Please note that a transaction to purchase the selected goods will only be deemed to have been concluded once the goods in question have been delivered to you.


Gift Vouchers

Our Gift Vouchers are not redeemable for cash and will not be replaced if lost, stolen, destroyed or used without permission.

Our Gift Vouchers cannot be resold to- or exchanged with a third party.

Our Gift Vouchers can only be redeemed online through our website.


Delivery

All items and/or goods sold via the website will be delivered by our duly authorised delivery service partners. We do not stock any goods and all goods are ordered by us once a month directly from our duly authorised suppliers. In the event of unavailability of stock from our suppliers we shall provide you with similar product to that which you ordered or a credit note, depending on your preferences.

Subject to stock availability with suppliers and receipt of payment, requests will be processed within 7 (seven) working days and handed over to a courier company for delivery. Unless otherwise specified, delivery is free only for orders exceeding R500.00 (five hundred rand) and only for such orders to be delivered within city metro areas in the Republic of South Africa.

Our supplier will supply all goods to the delivery company in good order and will ensure that goods arrive at your chosen delivery address in the same good order. Delivery will be made to your specified address only.

Cancelled orders on the e-commerce facility will be refunded after deduction of a 15% charge for administration costs. We reserve the right to cancel an order for which payment has already been received. This may occur if stock is insufficient or the quality of goods ordered does not meet our standards. Should we exercise this right, you will receive a full refund with no deductions.

Any complaints regarding the standard and quality of the goods or products bought by consumers through the e-commerce facility should be directed to the Managing Director at, info@bequest.co.za


 


Returns & Refunds

You may cancel, without reason and without penalty, any order within 7 (seven) days of receipt of the goods, provided that the goods are returned to ourselves in the same condition as that in which you received it. You will be liable for all costs involved in returning the goods.

If payment for the goods or services has been effected prior to the consumer cancelling the order within 7 (seven) days after receipt of the goods, the consumer is entitled to a full refund of such payment, which refund must be made within 30 (thirty) days of the date of cancellation.

Where the goods delivered do not reasonably match the image and description provided on the website, we shall be liable for the cost of returning such goods.

If you have used a product and found it to be damaged or faulty we will collect the product at our expense and either replace, refund or repair the item, depending on the circumstance.

Although seldom charged, we reserve the right to charge a 10% administration fee for returned orders should the returns process incur significant administration expenses.

If our suppliers are unable to perform in terms of the agreement on the grounds that the goods ordered are unavailable, we shall immediately notify the consumer of this fact and refund any payments within 30 days after the date of such notification.


Payment & Fees

Payment must be made to us directly via our approved third-party payment provider. Payment must be made by you via Visa, MasterCard or American Express credit cards or by bank transfer and/or debit order into our bank account, the details of which will be provided after checkout.

Credit card transactions will be acquired via approved payment gateways. Our payment gateways use the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website.

Customer details will be stored by us separately from card details.

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR) and unless otherwise stated all fees are quoted in ZAR.

The fees and charges for use of the Services are set out on our website.

You will be responsible for purchase prices of goods purchased via the website, including VAT payable thereon. You will further be responsible for delivery fees for delivery of the goods and the cost of returning the goods within 7 days (cooling off period) of the receipt of the goods.

We may, in our sole and absolute discretion, change some or all of the fees at any time. IN THE EVENT THAT WE INTRODUCE A NEW SERVICE, THE FEES FOR THAT SERVICE WILL BE EFFECTIVE FROM THE TIME OF LAUNCH OF THAT SERVICE. SHOULD YOU NOT AGREE TO ANY CHANGE IN THE FEES AND CHARGES, YOU MAY TERMINATE YOUR REGISTRATION TO THE WEBSITE

You are responsible for paying all fees and applicable taxes associated with using the service via your authorized credit card as provided by you during your registration on the website. Should the charge to your credit card fail to authorise, we shall have the right to suspend delivery of the goods ordered, in whole or in part.

Any dispute or claim concerning fees payable in terms of the terms must be brought to our attention by e-mail to info@bequest.co.za, within forty-five (45) days following the statement date, accompanied by the details forming the basis of such dispute or claim.

Should you decide to terminate your registration on the website, or if we terminate your registration, or if the payment of your fees cannot be completed for any reason, you remain liable for all outstanding fees payable including purchase price of goods purchased before such termination, if applicable.


Responsibility

We take responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.


Updating of these Terms and Conditions

We reserve the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is your obligation to periodically check these Terms and Conditions at the Website for changes or updates.

Your continued use of this Website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.





 

Copyright and Intellectual Property Rights

Copyright and all intellectual property rights in all materials, texts, drawings and data made available on this website (collectively "materials") are owned by us. Alternatively, we are the lawful user thereof and the materials are protected by both South African and international intellectual property laws. Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of the materials or any component thereof will constitute an infringement of such copyright and other intellectual property rights; save that you may use the materials or any component thereof for your own internal business purposes. The trademarks, names, logos and service marks (collectively "trademarks") displayed on this website are registered and unregistered marks of ourselves. Nothing contained on this website should be construed as granting any licence or right to use any trademarks without the prior written consent of ourselves.


Limited Access and Interference

You may not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Website or any portion of the Website, without our express written consent.

You may not use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website, other than the search engines and search agents available through the Service and other than generally available third-party web browsers.

You may not post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Website or the Service.

You may not attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Website or the Service.



 

Limited License to General Users

We hereby grant you, subject to the further terms of these Terms and Conditions, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy (“tools”) the current and future Content for personal, non-commercial and information purposes only.

This Website and the Content may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial purpose without our express prior written consent. The license does not allow you to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative use of this Website or the Content for the benefit of another merchant. You may not frame nor use framing technologies to enclose our Website or the Content nor any part thereof without our express written consent. We and the providers do not offer products or services to minors. If you are under the age of 18, you may not respond to or otherwise accept or act upon any offers in the Website.

We and the providers, our affiliates or subsidiaries reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. Any unauthorised use terminates this license.



 

Warranties

Although we will endeavour to make the website available at all times and provide the services to you as described on the website, the website and the services are provided “as is” and we make no warranties, representations, statements or guarantees (whether express, implied in law or residual) with regard thereto. Without limiting the generality of the foregoing, we disclaim all implied warranties in respect of merchantability or fitness for a particular purpose or non-infringement. We do not warrant that the website, the service, the goods or any output generated via the service or the information on the website or any alert: (a) will meet your requirements; (b) will be uninterrupted, timely, secure or error free; (c) will meet any particular criteria of accuracy, completeness or reliability, performance or quality; or (d) will be free of viruses or any other data or code which has the ability to corrupt or adversely affect the operation of your computer, data or network.

Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from us and/or our authorised service providers through or from the service will create any warranty not expressly stated in these terms.

You warrant and represent that (a) you are legally entitled to access the website and use the services;(b) you have and will continue to have for the duration of the agreement, all necessary consents to use the services;(c) all information given to us is accurate, up-to-date, not misleading and complete; and (d) you have capacity to be bound by the terms.

If we suspect that your registration data and/or information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your registration on the website and refuse any and all current or future use of the website or services. You further acknowledge and agree that insofar as an unauthorised third party is able to access your login details, this could result in fraudulent transactions taking place, without your consent.


Limitation of Liability

Neither we or our directors shall be liable for any loss, liability, damage or expense of any nature whatsoever which may be caused by or attributable, directly or indirectly, to (a) your access and use of the website and/or the services;(b) the unavailability of the website or the service for any reason whatsoever; (c) your use of or reliance on any information offered on or via the website and/or your use of the services and/or the purchase of any goods; (d) your acts or omissions; (e) a breach by you of the terms;(f) the fact that we act on your instructions/orders or instructions/orders purported to emanate from you; (g) any unlawful access or monitoring of information transmitted to us; (h) any error or omission in respect of information submitted to us.

Notwithstanding the aforegoing, (i) we shall not be liable for any indirect or consequential loss or damage of whatever nature and howsoever arsing (ii) should we be found liable for any of the aforegoing, our liability to you will be limited to an amount equal to the fees paid by you to us for the services for a period of one month prior to the date on which the cause of action arose.


Indemnification

You indemnify us and our authorised service providers and their affiliates against any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) caused by or attributable to use of the Service, the website, your breach of the Terms, your infringement, or infringement by any other user of your account, or the infringement of any intellectual property or other right of anyone.


Dispute Resolution

In the event that a dispute arises between you and ourselves, please contact us by sending an email to info@bequest.co.za

Should a dispute arise between yourself and one or more users, or an outside party, you hereby release and indemnify Us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from and against any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

We encourage users to report user-to-user disputes to local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable. We, for the benefit of users, may try to help users resolve disputes. We do so in our sole discretion, and we have no obligation to resolve disputes between users or between users and outside parties. To the extent that we attempt to resolve a dispute, we will do so in good faith based solely on our policies. We will not make judgments regarding legal issues or claims.


Termination

You agree that we may terminate your registration (or any part thereof) or use of the services and access to our services --

without notice if we are of the opinion that your conduct may prejudice our goodwill and reputation;

upon sixty days’ written notice if termination is due to any reason other than those set out above.

Your license to use the tools will immediately terminate if your registration or right to use the services is terminated for any reason.



 

Breach

Notwithstanding anything to the contrary contained in the terms, should any party ("the defaulting party") commit a breach of any material provision of the terms and fail to remedy such breach, or if the breach is not capable of remedy, fail to implement remedial action acceptable to the other party ("the aggrieved party"), within fourteen days of receiving a written notice from the aggrieved party requiring the defaulting party to do so, the aggrieved party shall be entitled, in addition to its other remedies available in law or under the terms, to cancel this agreement forthwith and without prejudice to its right to claim damages; provided that if the defaulting party commits two or more breaches of any material provision of the terms in any two month period, the aggrieved party shall be entitled, without prejudice to any of its other rights or remedies available in law or under the terms, to terminate the terms forthwith by notice in writing to the defaulting party.

All terms contained in these terms and conditions shall be interpreted and construed as being material terms.


Rights on Termination

Upon termination of the terms for any reason whatsoever, we shall be entitled to immediately deactivate your login details.


Address For Service

The address for service for all purposes relating to the terms, including the giving of any notice, the payment of any sum, the serving of any process, is indicated in Section A of these terms.

We shall be entitled from time to time, by giving notice to you, to vary our physical address for service to any other physical address within the Republic of South Africa and to vary our facsimile address for service to any other facsimile number.


Sole Record

These Terms constitute the sole record of the agreement between you and us in relation to the subject matter hereof. Neither of us shall be bound by any express, tacit or implied representation, warranty, promise or the like not recorded herein. These Terms supersede and replace all prior commitments, undertakings or representations, whether written or oral, between us in respect of the subject matter hereof.

No indulgence or extension of time which either of us may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.


Assignment

We may cede, transfer, assign and delegate all or any of our duties, rights and obligations in terms of these Terms. You may not subcontract, cede, delegate, transfer or assign any of your rights, obligations or duties with respect to the services to any other person and/or entity.


Severability

All provisions of the Terms are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other.

Any provision of the Terms which are or become unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of the Terms shall remain in full force and effect.


Cross Border Transfer

You hereby consent to your personal information being transferred to a third party who is situate outside South Africa, for purposes of enabling us to render the Services. We will ensure that any such third party has in place acceptable security and privacy policies and procedures and which at least provide the same level of protection as that provided by us on the Website.


Use by Children

If you are under 18, you may only use the Service with the consent and involvement of a parent or other legally competent person.

We reserve the right to request from you such information as is necessary to prove that you are 18 years or older alternatively that you are using the Service with the consent and assistance of an adult or legally competent person.



 

Force Majeure

Should we be prevented from fulfilling any of our obligations to you as a result of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as we are so prevented from fulfilling them and your corresponding obligations shall be suspended to the corresponding extent. In the event that force majeure continues for more than fourteen days after it has fist occurred then we shall be entitled (but not obliged) to terminate all of our rights and obligations in terms of or arising out of these Terms by giving notice to you

An "event of force majeure" shall mean any event or circumstance whatsoever which is not within the reasonable control of including, without limitation, vis major, casus fortuitus, any act of god, strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or military operations, the downtime of any external telecommunications line, power failure, international restrictions, any requirement of any international authority, any requirement of any government or other competent local authority, any court order, export control or shortage of transport facilities


Complaints

Any complaints and queries which you may have should be directed to our help desk by email at info@bequest.co.za


Verification

All communications which appear to originate from you or a person who has authority to act on your behalf in respect thereof or from an information system programmed by or on your behalf to operate automatically (collectively "the originator") and which are sent to us electronically and which may for any reason differ from what was actually sent or may not have been given by you at all, are deemed to have been given by the originator in the form actually received by us and you will be bound by such instruction.

You waive any rights you may have or obtain against us arising directly or indirectly from any loss or damage of whatsoever nature which you may suffer as a result of us acting on your communications or communications purported to emanate from you.


External links

External links may be provided for your convenience, but they are beyond our control and no representation is made as to their content. Use or reliance on any external links provided is at your own risk. When visiting external links you must refer to that external website’s terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of ourselves.


Casual surfing

You and/or a User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. We use this information to determine use of the Website, and to improve content thereon. We assume no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.


Law and Jurisdiction

This Website is controlled, operated and administered by us from our offices within the Republic of South Africa. Access to the Website from territories or countries where the content or purchase of the products sold on the Website is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws.

These Terms and Conditions shall be governed by the laws of the Republic of South Africa without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the Cape Town High Court in the event of any dispute arising in connection with the services referred to herein, or the terms or any matter related to or in connection therewith


A copy of the ECT Act is available at http://www.internet.org.za/ect_act.html