TERMS OF SERVICE

1. BLACK AFRICAN ORGANICS (PTY) LTD (“BAO”)
   owns and operates this website. This document governs your relationship with https://www.blackafrican.co.za (“Website”).
2. Access to and use of this Website and the products and services available throughout (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”).
3. By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. In addition, you are representing that you are making a purchase for products for your own personal use and not for resale.
4. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
5. Other Documents

These terms and conditions apply unless you have executed a separate purchase agreement with BAO. Any attempt to alter, supplement, modify or amend these terms and conditions will be null and void unless agreed to in writing by BAO.

6. Terms of Sale
   • By placing an order, you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
   • In order to contract with BAO and the Website you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us.
   • BAO retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be https://www.blackafrican.co.za or may in some cases be a third party. Where a contract is made with a third-party BAO is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you.
   • When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The costs of products and services may fluctuate. All prices advertised are subject to such changes.
     • View Cart

The view cart shows the items added to the cart along with the item details. You can update the entered quantity, remove it altogether from the shopping cart or even empty the entire cart too. If you are done with your shopping, click on the Checkout button to check out of the shop or continue shopping

• Check Out:

If you have finished shopping, click on the Check Out button. The checkout page will give you the value of the items that you have purchased along with the taxes (if available) on it. Next, select the mode of delivery of the products (for product sales only) and the shipping address. Shipping charges are then calculated and added to the item value and taxes. As a final step, select your payment method. If credit card is your chosen option, the order value will be charged to your credit card. Click on the Confirm Order button to confirm your order. Your order will be created and an email will be sent to you with the order details.

• Our Contract

When you place an order, you will receive an acknowledgment e-mail confirming receipt of your order this email will only be an acknowledgment and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

• Payment

Upon receiving your order, we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email, the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

If the form of payment is via direct bank deposit or electronic funds transfer (“EFT”), your order number must be used as reference and proof of payment must be sent to BAO.

• Prices, Shipping and Handling Charges

All prices do not include charges for shipping and handling, for sales/use taxes, and for other government required fees. Separate charges will be shown on the order acknowledgment for each applicable order. When you place an order, we will estimate shipping and delivery dates for you based on the availability of your items and the shipping options you choose. Depending on the shipping provider you choose, shipping date estimates may appear on the shipping quotes page.

7. Return Policy

For more details, please review our Returns Policy.

8. Disclaimer
   • The use of the Website is entirely at the user’s own risk and users assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website
   • Whilst BAO takes reasonable measures to ensure that the content of the Website is accurate and complete, BAO makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by BAO’s representatives, BAO will not be bound thereby.
   • BAO disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with the user’s access to or use of the Website and/or any content therein unless otherwise provided by law.
Although Products sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
   • Any views or statements made or expressed on the Website are not necessarily the views of BAO, its directors, employees and/or agents.
   • In addition to the disclaimers contained elsewhere on the Website or in these terms, BAO also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of the user’s computer system, computer network, hardware or software in any way. The users accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or the user’s hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of BAO, its employees, agents or authorised representatives. BAO thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with the user’s access to or use of the Website.

9. Privacy

For more details, please review our Privacy Policy.

10. GOVERNING LAW AND JURISDICTION
    • This document and our relationship and/or any dispute arising from or in connection with the Terms of Service will be governed and interpreted in accordance with the laws of the Republic of South Africa.
    • Your continued use of the Website will constitute the user’s consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of the Terms of Service.
    • In the event of any dispute arising between users and BAO, users hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Division, Johannesburg) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
    • Nothing in this clause or Terms of Service limits the user’s right to approach any court, tribunal or forum of competent jurisdiction in terms of the POPI or CPA.

11. NOTICES
    • BAO hereby selects the address as it reflects on its Website from time to time, as its address for the service of all formal notices and legal processes in connection with the Terms of Service (“legal address”). BAO may change this address from time to time by updating the Terms of Service.
    • You hereby select the physical address specified with the user’s invoice as the user’s legal address, but users may change it to any other physical address by giving BAO not less than 7 days’ notice in writing.
    • Notices must be sent either by hand, prepaid registered post or email. All notices sent –
      • by hand will be deemed to have been received on the date of delivery;
      • by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
      • by email before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the email. Emails sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day.

12. GENERAL
    • Any failure on the part of users or BAO to enforce any right in terms hereof will not constitute a waiver of that right.
    • If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
    • No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) will constitute a waiver by the grantor of any of the grantor’s rights and the grantor will not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
    • No other warranty or undertaking is valid, unless contained in this document between the parties.

13. Legal Disclosure
    • Access to the services, content, software and content downloads available from the Site are classified as “electronic transactions” in terms of the Electronic Communications & Transactions Act 25 of 2002 (“ECT Act”) and therefore users have the rights detailed in Chapter 7 of the ECT Act and the following information is required to be disclosed:
    • Black African Organics Pty Ltd, registration number is 2013 / 106916 / 07.
    • The full name and legal status of the website owner is Black African Organics
    • Black African Organics physical address and telephone number is 25 Ingwe Road, Unit 2. Sebenza. 1609
    • Black African Organics website is blackafrican.co.za
    • Black African Organics email address is info@blackafrican.co.za

14. Contact Us

For more information about any information or questions contained in or pertaining to the Terms of Service, please contact us by e‑mail at info@blackafrican.co.za