ONLINE & STANDARD TERMS & CONDITIONS OF SALE

INTRODUCTION

1. These Online Terms and Conditions (T&Cs), which include any Policies on Boertjie Boma ™ website, apply to the ordering, sale, and delivery of any products, access to the information, and use of this Website by Customers.
2. By using this Website, the Customer is bound by and agrees to these T&Cs, which we may change without notice from time to time. If the Customer does not agree to any of the T&Cs the Customer should not continue to use the Website.
3. When placing an online order, a user profile will be created which will serve as consent to and acceptance of our Terms and Conditions, these T&Cs, and Privacy Policy.
4. Use of our website confirms your understanding and acceptance of these Terms and Conditions, and the Customer will be bound by our Terms and Conditions, these T&Cs, and Privacy Policy during all transactions relating to the purchase of Products from our website.

DEFINITIONS

1. “Customer” means the party who purchases the Products from Boertjie Boma ™ or who registers with a user profile on our website.
2. “Products” means the products sold to the Customer by Boertjie Boma ™.

USE OF THE WEBSITE

1. When a Customer registers on the Website, they will be required to provide certain access details, including a username and a password. Customers are responsible for maintaining the confidentiality and security of your User Name and Password for access to the Website and accept full liability for all activities that occur on or involve the Website under a Customers User Name. Customers may not:
   1) allow other people to use their User Name and Password; or
   2) impersonate another User or any third party; or
   3) provide false information to gain access to the Website.
2. Customers warrant their identity (in other words, that they are who they say they are).
3. Although reasonable steps have been taken to ensure the accuracy and completeness of the contents, data, and information on this Website, there may be instances where such information proves inaccurate or incomplete. Customers should take all reasonable steps to ensure and verify the accuracy of their contents, data, and information, especially their desired delivery address for the products ordered.

PURCHASES AND STOCK AVAILABILITY

1. Prices displayed on the website are subject to change without notice. Prices will include tax, where this is required by specific legislation.
2. Orders placed may be declined or canceled in the event of Products being out of stock, incorrect customer information, incorrectly displayed prices, and or due to payment for Products not being received
3. Stock availability will be subject to the following:
   3.1. Availability of Stainless-Steel material for the manufacturing of the actual products
   3.2. Availability of imported products like the spit motors
   3.3. Under normal circumstances, unless adequate stock is available for immediate shipment, the standard lead time for delivery of a Boertjie Boma ™ will be between 7 and 14 days

DELIVERY AND RETURNS

1. The product will be packed and shipped to the customer by Boertjie Boma ™, using “The Courier Guy” national courier service.
2. It is the customers responsibility to ensure the delivery address provided during the order registration is correct as Boertjie Boma ™ cannot be held liable for non-delivery of the products ordered due to the incorrect address received during the registration process on the website, and any additional costs related to an incorrect address will be for the customer’s account.
3. The Customer acknowledges that delivery dates given in advance are estimated. Boertjie Boma ™ will use its best endeavours to ensure that delivery is completed as soon as is reasonably possible after the estimated delivery date. Notwithstanding the aforegoing, Boertjie Boma ™ shall not be liable for failure to perform or delay in performance hereunder resulting from any cause beyond Boertjie Boma ™ control, fire, labour difficulties, transportation difficulties, interruptions in power supply (including but not limited to what may be termed “load shedding” or “black-outs”) and delays in usual sources of supply, major changes in economic conditions, breakdown of machinery or any cause beyond Boertjie Boma ™ control, or whether caused by negligence or otherwise.
4. Subject to a quote or written agreement between the parties providing to the contrary, risk in and to the Products shall pass to the Customer upon delivery
5. The Customer shall immediately upon receipt of the Products from Boertjie Boma ™ be allowed to inspect the Products and the Customer must inform Boertjie Boma ™ of any damages or errors by way of written notice on the delivery document.
6. Any of the Products delivered to the Customer in error will only be considered for return by Boertjie Boma ™ provided that such Products are undamaged, have not been tampered with in any way, and are not defaced in any way.
7. If the Customer, due to some fault of its own, cannot accept or should it request Boertjie Boma ™ in writing to suspend or delay delivery of the Products, Boertjie Boma ™ reserves the right to claim any additional costs involved from the Customer.

RETURNS

1. No products will be granted to a Customer on “LOAN”.
2. Products sold may be returned within 7 days of delivery receipt date, upon presentation of a receipt and on condition, they are returned in their original condition undamaged.
3. The Customer may not return Products that have been used

CANCELLATIONS AND REFUNDS

The Customer may cancel an order prior to a shipping notification being sent. Should an order be canceled after a shipping notification has been sent a shipping fee will be deducted from the refund.

LIMITATIONS

1. In addition to any other specific exclusions of liability contained herein and unless otherwise expressly stated herein, the parties agree that the Customer shall have no claim against Boertjie Boma ™ for any loss or damage, of any nature, occasioned by any defect in any Products supplied, or any failure to provide adequate instructions in respect of any hazards that might arise from the use or incorrect use of the Products.
2. The Customer hereby indemnifies and holds Boertjie Boma ™ harmless against any losses, expenses, costs or damages of whatsoever nature incurred by the Customer arising from any wilful misconduct or misuse of the product

PRIVACY POLICY

1. Boertjie Boma ™ is bound by the standard terms and conditions of the POPI Act sets out the minimum standards regarding accessing and ‘processing’ of any personal information belonging to another. The Act defines ‘processing’ as collecting, receiving, recording, organizing, retrieving, or the use, distribution, or sharing of any such information. The Privacy Policy forms part of the Customer’s purchases. Personal information collected from the Customer will be in accordance with this Privacy Policy
2. Personal information when used in this Policy means information that can identify a Customer as an individual or is capable of identifying a Customer.
3. Boertjie Boma ™ will do everything in it’s power to ensure that all private information is kept confidential and will not be distributed or sold to a third party.
4. Secure payment is ensured and governed by the Policies and procedures of the “Payfast” system

INTELLECTUAL PROPERTY

All content included on this Website is the property of Boertjie Boma ™ and is protected by South African and international copyright laws.

BREACH

Should the Customer breach any of these T&Cs, Boertjie Boma ™ reserves the right to cancel any Order and/or a Customer’s website registration, notwithstanding the right to exercise other legal remedies available to Boertjie Boma ™

APPLICABLE LAW

These Terms are governed by the laws of the Republic of South Africa.

WARRANTIES

1. The warranties listed below depend on the nature of the Product and will only be applicable if:
   i. the defect existed at the time of delivery and manifested during the warranty period;
   ii. the defect did not arise due to normal wear and tear or misuse/abuse by the Customer;
   iii. the Product is used for the purposes intended ;
   iv. the Customer duly complied with the care and maintenance instructions;
   v. the Product is assembled in accordance with specifications;
2. Boertjie Boma ™ Warranty: 1 year from date of invoice,
   i. The warranty does not extend to the decolourization of the stainless steel due to the extreme heat the products will be exposed to during normal use.
   ii. Boertjie Boma ™ will not be liable to compensate the Customer for any damages sustained by the Customer whilst the Products are being repaired, nor shall it be liable for any other damages, including consequential damages, relating to the replacement or repair of the Products.

PAYMENT METHOD

1. We accept the following methods of payment using the secure online Payfast service
   • CREDIT CARDS – Visa / MasterCard / American Express / Diners Club
   • DIRECT DEPOSITS (EFT’s)
2. All payments are in ZAR.
3. Please note: Goods will not be dispatched until full payment has been received by Boertjie Boma ™

TRACKING YOUR ORDER

Our policy is to keep you informed. When your order is dispatched, we will contact you by email with the relevant tracking information so you can keep a close eye on your delivery.