General Terms & Conditions
GENERAL TERMS AND CONDITIONS
PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING OUR WEBSITE OR OUR MOBILE APPLICATIONS.
This Customer General Terms and Conditions (the "Agreement") is an agreement between you and BKB, or its affiliates that states the terms under which you may use our website (the "Site"), our mobile applications (each an "App") (the Site and Apps are collectively, "Platform") and receive our service, which includes processing and delivery (or arranging for delivery) of product orders (the "BKB Service"). Your use of the BKB Service and the Platform constitutes your agreement to the terms and conditions set forth below. If you do not agree with all of the terms and conditions, do not use the Platform or the BKB Service.
BKB Satisfaction Guarantee
All of our products and services are backed by a 100% customer satisfaction guarantee. If you are dissatisfied for any reason, contact us via e-mail. We may require the return of the product with which you are dissatisfied before we substitute an acceptable item or issue an online credit voucher.
1. Our Service - Managing Your Orders
1.1. Ordering through the Platform.
Orders must be received before posted cutoff times for delivery. Available delivery date and time windows and associated delivery fees and promotions will be shown during the ordering process. Delivery timeslots are available on a first-come first-served basis. Note that modified orders are subject to price changes and a change of a delivery date may not guarantee the availability of your desired items.
1.2. Price and Availability.
All products and prices listed are subject to availability and may change without prior notice. While we make every effort to ensure accurate pricing and stock information, errors may occur. In such cases, we reserve the right to correct any errors or omissions and to cancel an order where necessary, with a full refund provided where payment has already been made.
1.3. Delivery Fee.
The delivery fee applicable to your order will be calculated and displayed at checkout prior to payment. Such delivery fee constitutes a charge for the logistical service of delivering your order and is not intended to serve as gratuity for any delivery personnel.
1.4. Cancellations.
Cancellations are permitted in accordance with the provisions of the Consumer Protection Act, 68 of 2008. Should you wish to cancel or return an item, this will only be considered where the grounds for cancellation or return fall within the rights afforded to consumers under the CPA. To initiate a request, please contact BKB Admin via the Contact Us button at the top of the page.
1.5. Returns, Exchanges and Refunds
In order to request a return, exchange or a refund, customers can click on the Contact us button at the top of the page and contact BKB Admin who will assist with your request.
2. Our Service - Payment
2.1. Card Authorisation.
By placing an order through BKB’s online platforms, you authorise BKB to debit the total amount payable from your selected payment card upon checkout. All transactions are processed through secure and compliant payment gateways.
Authorisation is required before any order will be confirmed or dispatched. In the event that card authorisation is unsuccessful, the order will not be processed. BKB reserves the right to cancel any transaction.
2.2. Payment options accepted.
Payment may be made via Visa, MasterCard and EFT.
2.3. Card acquiring and security.
Card transactions will be acquired for BKB via PayGate (Pty) the approved payment gateway for South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to Paygate's website to view their security certificate and security policy.
2.4. Customer details separate from card details.
Customer details will be stored by BKB separately from card details which are entered by the client on PayGate's secure site.
2.5. Responsibility.
BKB takes 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.
2.6. Country of domicile.
This website is governed by the laws of South Africa and BKB chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.
2.7. Variation.
BKB may, in its sole discretion, change this agreement or any part thereof at any time without notice.
2.8. E-Commerce Platform and Hosting Information.
Our online store is hosted on Shopify Inc, a registered Canadian company registered under business number 426160-7, headquartered at 151 O’Connor Street, Ground floor, Ottawa, Ontario, K2P 2L8, Canada. Shopify provides the e-commerce platform that enables us to sell our products and services to you.
2.9. BKB Company Address and Contact Details
Company Physical Address: 61 Grahamstown Road, North End, Port Elizabeth, 6001
Email: nadia.hoffman@bkb.co.za
Telephone: +27 41 503 3091
3.Our Service - Delivery
3.1. Delivery of Products.
Delivery of products will be carried out by third-party service providers contracted by BKB. While BKB uses reputable couriers and takes all reasonable steps to ensure the safe and timely delivery of your order, we remain responsible for ensuring that the goods are delivered to you in accordance with the Consumer Protection Act, 68 of 2008.
Risk in goods passes to the consumer upon receipt of the goods. Should any item arrive damaged or not be delivered within the agreed timeframe, customers are advised to contact BKB Admin via the Contact Us page for a resolution.
3.2. Invoices.
You will receive an email invoice the day of your delivery. Invoices are available in the "Your Account" section of our Platform. If something is missing from your order, please contact our Customer Service department via our Customer Inquiry e-mail form.
4. Third-Party Information Providers and Merchants
Third-Party Information Providers and Merchants. The BKB Service may permit you to order and receive products, information, and services from businesses that are not owned or operated by us. In such instances, we act only as the link between you and such businesses. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services, or information ordered or received from such businesses are covered by their customer agreement and policies and solely between you and such businesses. We make no representations or warranties of any kind, express or implied, regarding the merchandise, services, or information received from such third parties and the fact that we make such products, information, and services available should not be construed as an endorsement of the businesses or the products, services, and information they provide.
5. Access to the BKB Service
5.1. Email address and Passwords.
Access to the Platform is accomplished by creating an account using an email address and a password that you choose upon registration. You are solely responsible for any authorised or unauthorised access to your account by any person. You agree to bare all responsibility for the confidentiality of your email address and password and all use or charges incurred from use of the BKB Service with your password. You agree to notify us promptly of any unauthorised use of your password and you will remain liable for any use of the Platform or the BKB Service until you notify us.
5.2. Privacy Policy.
Please review our Privacy Policy, which also governs your visit to the Platform and use of the BKB Service, to understand our practices.
6. Warranty Disclaimer; Limitation of Liability; Indemnification
6.1. You acknowledge and agree that your use of the BKB service, the Platform and the internet is at your own discretion and risk. While BKB makes reasonable efforts to ensure the accuracy and availability of the Platform and services, all content, information, and services provided are made on an “as is” and “as available” basis.
To the extent permitted by applicable law, BKB does not make any representations or warranties, express or implied, including but not limited to warranties or merchantability or fitness for a particular purpose, except as expressly set out in the Consumer Protection Act, 68 of 2008.
BKB does not warrant that the Platform will always be available, uninterrupted, secure, or free of errors, viruses or other harmful components. However, nothing in this clause shall be interpreted to exclude any statutory warranties or obligations that cannot be lawfully excluded under the Consumer Protection Act 68 of 2008.
6.2 To the fullest extent permitted by applicable law, BKB and its directors, employees, shareholders, affiliates, agents, representatives, joint venture partners, independent contractors, service providers, and licensors (“BKB Parties”) shall not be liable for any indirect, incidental, special or consequential damages arising out of your use of the BKB service platform, including but not limited to loss of data, income, profit or damage to property.
Notwithstanding the above, nothing in these Terms limits or excludes BKBs liability for death, personal injury or damaged goods caused by gross negligence, wilful misconduct, or where otherwise prohibited in terms of the Consumer Protection Act, 68 of 2008.
BKB’s liability from any claim arising out of the supply of goods shall be limited, where appropriate, to either (i) replacing goods; (ii) repairing the goods; (iii) refunding the amount paid by the consumer in terms of the Consumer Protection Act, 68 of 2008.
6.3. The material in the Platform is provided for lawful purposes only. BKB operates this Platform for use in specific jurisdictions where it provides its services and makes no representation that these materials are appropriate or available for use in other locations. If you use the Platform from other locations, you are responsible for compliance with applicable local laws. Price and availability information is subject to change without notice and may vary geographically.
6.4. To the extent permitted by applicable law, you agree to indemnify and hold harmless BKB and its directors, employees, affiliates’, agents and representatives (BKB’s parties) against any reasonable costs, claims, damages, and legal expenses arising directly from your unlawful use of the platform or any breach of these terms by you.
This indemnity shall not apply where such claims or damages arise from BKB’s own negligence, gross negligence, wilful misconduct or any act of omission in contravention of the Consumer Protection Act, 68 of 2008.
This clause is subject to Section 48 and 49 of the CPA and nothing herein shall limit any rights or remedies available to consumer under applicable South African law.
7. Alternative Dispute Resolution
7.1. In the event of any dispute , controversy, or claim arising out of or relating to these Terms, the Platform or the BKB services , you are entitled, in terms of the Consumer Protection Act 68 of 2008 “CPA”, to refer such dispute to the relevant Ombudsman with jurisdiction, including but not limited to the Consumer Goods and Services Ombudsman (CGSO), before pursuing alternative forms of dispute resolution. You may also escalate unresolved issues to the National Consumer Commission (NCC) or the applicable consumer court.
This clause does not limit any statutory rights you may have under the CPA or other applicable laws, and does not preclude you from seeking interim relief from a competent court.
7.2. Notwithstanding the above, either party retains the right to bring an individual claim before a consumer court or small claims court, where applicable. This clause does not preclude you from exercising any right to lodge a complaint with an Ombudsman, refer a matter to the National Consumer Commission (NCC), or approach any relevant regulatory or dispute resolution body in accordance with the Consumer Protection Act, 68 of 2008.
The use of arbitration is strictly voluntary and shall not limit or replace any remedies or relief available to you under the law.
8. General Terms
8.1. Termination.
These terms and conditions shall apply to every transaction concluded through the BKB online Platform and shall constitute a binding agreement between you and BKB for each such transaction.
Either party may terminate their use of the Platform at any time, provided that all rights and obligations arising from such transactions concluded prior to such termination shall remain binding and enforceable.
Termination shall not affect any provisions of this Terms and Conditions which by their nature are intended to survive termination, including but not limited to provisions relating to payment, liability, dispute resolution and consumer protection.
BKB reserves the right to restrict, suspend, or terminate your access to the Platform if you breach any of these Terms or engage in any conduct that violates applicable laws or the rights of others.
8.2. Notices.
BKB may give notice to you of any change, or any other communication related to the Terms and Conditions through a general posting on the Platform, by electronic mail, or by conventional mail to your address contained in the "Your Account" section of the Platform.
8.3. Terms and Conditions.
These Terms and Conditions, together with the Platforms Terms of Use and Privacy Policy, constitute the entire agreement between you and BKB regarding your use of the Platform and the Services offered. These documents supersede any prior communications or agreements, whether oral or written concerning the subject matter.
These Terms and Conditions are intended to apply solely between you and BKB, and no provision herein shall be interpreted to confer rights or remedies to third parties.
If any provision of these Terms and Conditions is held to be invalid, unlawful or unenforceable such provision will be severed from the remaining terms, which shall continue in full force and effect. Any failure by either party to enforce any right or provisions shall not constitute a waiver of such right or provision.
These Terms and Conditions shall be governed by the laws of the Republic of South Africa. You consent to the exclusive jurisdiction of the courts of South Africa for adjudication of any disputes arising in connection with your use of the Platform or the Services. Any claim or cause of action you may have in relation to these Terms and Conditions must be brought within one (1) year of the cause of action arising, failing which it will be deemed prescribed.
8.4. Amendments to Terms and Conditions.
BKB reserves the right to amend these Terms and Conditions at any time by updating the content on the Platform. Any amendments will take immediate effect for orders placed after such posting. For orders already placed, the amended terms will take effect seven (7) days after being published on the Platform.
By continuing to use the Platform following the posting of any amendments you will be deemed to have accepted and agreed to the revised Terms and Conditions and periodically to remain informed of any updates.
8.5. Additional Terms for BKB Corporate Services Customers.
This section applies exclusively to customers of BKB Corporate Services. In the event of any inconsistency between the General Terms and Conditions and this section, the provisions of this section shall prevail in respect of Corporate Services Customers. All other provisions of the Terms and Conditions remain applicable.
This Agreement was last revised on May 5, 2025.
