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Terms & Conditions

  1. Application of these Terms and Conditions
    1.  These are the terms and conditions which apply when we supply product(s) to you. The contract is with Biltong Bokkie Ltd, a company registered in England & Wales with number 11063250, whose registered address is Strawberry Hill, Brook Avenue, Warsash, Southampton, SO31 9HN, United Kingdom (hereafter referred to as ‘us’, ‘we’, ‘www.biltongbokkie.com’, ‘Biltong Bokkie’), both in these terms and on our Internet shop.
    2. These terms and conditions apply to all orders placed via our Internet shop https://www.biltongbokkie.com by you acting as a consumer ‘Consumer’ means a person acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession (as defined in Section 2(3) Consumer Rights Act 2015). Where you place an order via our Internet shop and are not acting as a consumer these terms and conditions may vary in certain respects. Where there is such a variation this is indicated in these terms and conditions.
    3. You should read these terms and conditions carefully before submitting an order to us. These terms tell you how we will provide the product(s), how you or us may change or end the contract and what to do if there is a problem with your order, and other important information.
    4. These terms apply to all visitors, users and customers of our website. By continuing to use our site, you are accepting and agreeing to the terms as laid out in this document and to be bound by them. If you do not agree to be bound by all of the terms herein, then you should not use our website or our services.

 

  1. Ordering
    1. Our offer of goods on the Internet constitutes an invitation to treat (an advertisement) this means it is not a binding offer to sell. You may submit your offer to buy via our order system integrated into our online shop.
    2. When purchasing goods via the online shop, the goods you intend to purchase are placed in the virtual “shopping cart”. You can view and access your virtual “shopping cart” at any time and on each page of the website and can make changes to your existing “shopping cart.” Once you have decided to purchase the product(s) in your shopping cart you can enter your personal details, select the method of payment and select the shipping conditions. Prior to purchase, you are afforded the opportunity to check, change, or cancel the purchase in its entirety. By clicking the “Buy now” button you will have offered to buy the product(s) from us.
    3. You may return to the Internet site before placing your order by clicking on the “back” button found in the Internet browser, after checking your information and/or close the internet browser to cancel the order process.
    4. Our acceptance of your order will take place when we email you to accept your order. At this point, a contract will come into existence between you and us.
    5. If we are unable to accept your offer, we will inform you of this and will not charge you for the product(s). We may not be able to accept your order because the product(s) is out of stock, because of unexpected limits in our resources which could not be reasonably planned for, because we have identified an error in the price or description of the product(s), or because we are unable to meet a delivery deadline which you have specified. If you would like to place a larger order as a company, please check the availability beforehand.
    6. Notwithstanding point 2.4, we reserve the right to refuse any order at any time without prior warning or reason. At certain times, certain products or ranges may have restricted availability. This is likely to be the case especially if we have reason to believe, through buying patterns, use of the same address, (be it delivery or billing) or payment details, that a wholesale or distributor / reseller supply is trying to be procured. We want to keep supply fair for everyone, so if you would like wholesale terms – please contact us at bb@biltongbokkie.com. If we believe this to be the case – we will contact you.

 

  1. Prices & Shipping
    1. Prices include VAT (if applicable). The prices stated on the order page when you placed your order are the final prices. They include all price components including all applicable taxes. Only in the case of cross-border delivery can additional taxes and/or duties (e.g. duties) be required by the buyer for payment, to the responsible customs and tax authorities.
    2. Shipping costs will be indicated at the point of sale; that is before confirming your order with us.
    3. We reserve the right to at any time change the price of any or all of our products, including shipping costs without notice or reason. We accept no liability and will not be held accountable for product discontinuation, price changes, or cancellation of service.
    4. It is always possible that, despite our best efforts, some of the product(s) we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product(s)’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product(s)’s correct price at your date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.

 

  1. Delivery
    1. We will deliver the product(s) within the stated time window displayed on our website on the day we accept your order.
    2. We are not responsible for delays outside of our control. If the supply of the product(s) is delayed by an event outside our control then we will contact you as soon as possible to let you know. We will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any product(s) you have paid for but not received.
    3. In the case of the non-availability of goods a possible advance payment will be refunded without delay.
    4. The product(s) will be your responsibility from the time we deliver the product(s) to the delivery address provided to us.
    5. If you are not at the delivery address or if no one is available to take delivery our partners may leave you a note informing you of how to rearrange delivery or collect the product(s) from a local depot.
    6. If, despite our reasonable efforts, we are unable to contact you to re-arrange delivery or collection we may end the contract and claim for any loss caused by your refusal to take delivery. If you are in default of acceptance, we reserve the right to sell the goods to a third party or to hold you liable for any loss.

 

  1. Product(s) & Information
    1. Product(s) may vary slightly from their pictures. The images of the product(s) on our website are for illustrative purposes only. We will not be held accountable for any omissions, variations, errors, discrepancies or inaccuracies on our site.
    2. You understand that information on this site should not be solely relied upon for decision making purposes and that we will not be held responsible for omissions and errors in any information provided to the extent of our liability.
    3. At times, we may provide data from or links to other pages or sites that are not under our control. In these instances, you understand that we will not accept any liability for any omissions, variations, errors, discrepancies or inaccuracies in the data, and we provide this for information purposes only. The information, links or tools are provided ‘as is’ and without any warranty or guarantees of their accuracies, reliabilities or authenticity.

 

  1. Reservation of title
    • We retain ownership of the purchased item until the product has been paid in full by you.
    • If you are in arrears for any payment obligations, all outstanding sums are immediately due.

 

  1. Subscription Contracts
    1.  By registering an Account and purchasing a Subscription, you will choose which of our periodic shipments you wish to receive, and also provide other information that will assist us to fulfil your orders and your expectations. We will use such information to fulfil your periodic orders and we may use such information in order to present you with opportunities for additional products that we feel may be of interest to you.
    2. You will also register a payment method (e.g., a credit card) and such registration of your payment method constitutes your authorisation to charge such amounts to that payment method and otherwise constitutes your promise to pay for items purchased from the Site.
    3. You acknowledge that all subscriptions are subject to automatic renewal, you agree that we may submit periodic charges (e.g., monthly, every 3, 6, or 12 months) to your chosen payment method without further authorisation from you, until you provide prior notice that you wish to terminate this authorisation or to change your payment method. You agree that such notice will not affect charges submitted before we reasonably could act.
    4. Any change or cancellation of Subscription will be effective immediately as to all Products not yet billed to your account as of the date and time of the change or cancellation. Products already billed but not sent as of the date and time of the change or cancellation will be sent as previously scheduled and cannot be refunded.
    5. By purchasing a Monthly or 12 month Subscription, you agree and acknowledge that your subscription has an initial and recurring payment charge at the then-current subscription rate and you accept responsibility for all recurring charges prior to cancellation, including where applicable any charges processed by us after the expiration date of your payment card.

 

  1. Cancellation of Contracts
    1.  Your rights when you end the contract will depend on whether there is anything wrong with the product(s), how we have performed the contract and when you decide to end the contract.
    2. You have a legal right under the Consumer Contracts Regulations 2013 to change your mind and cancel this contract within a period of 14 days after delivery of the product(s) without giving any reasons.
    3. To exercise your right of cancellation referred to in clause 7.2, you must inform us by writing to Biltong Bokkie Ltd, Strawberry Hill, Brook Avenue, Warsash, Southampton, SO31 9HN, United Kingdom by letter, or e-mail us at hello@biltongbokkie.com to cancel your contract.
    4. Any form of clear notice of cancellation will be accepted, which includes cancellation via our website. Notification of your exercise of the right of cancellation must be sent to us before the end of the 14 day cancellation period.

 

  1. Consequences of Ending a Subscription Contract
    1. For pay monthly subscriptions you may cancel at any time after the minimum term. The minimum term is two (2) months. If you cancel before this, you will be charged for the second month equivalent but you will not receive any product.
    2. You must notify us of your intention to cancel at least one (1) week prior to the next charge against your billing method becoming due.

 

Example: you sign up for a subscription costing £20 per month, on 4th July. You would receive your first subscription delivery in July.

 

On August 4th, you would be charged £20, and you again receive your subscription order in August.

 

Provided you notify us of your intention to cancel at least (1) week prior to September 4th, there will be no further charges to your card or account. You will by this point have received two orders. Any cancellations after this time, provided it is at least one week prior to the charge falling due, will incur no further charges.

 

If you cancel before the second charge against your chosen billing method, we will charge this to you, however you will not receive any product from us.

 

  • For prepaid subscriptions, we will make a deduction from the reimbursement for loss in value of any goods supplied, plus an early termination charge equivalent to one month of charges at the level of subscription you agreed to. That is to say we deduct from the total payment an amount proportionate to the amount of product you received against the amount that was anticipated to be received, or that you agreed to purchase, plus one interval or standard instalments worth of charges as an early cancellation penalty.

 

Example: if you purchased a subscription worth £360, and received 3 months worth of your subscription (3/12), and still had 9 (9/12) months remaining, we will reimburse you 8 months worth of your payment.

 

This is calculated as follows:

3/12 x £360 received in product = £90

+          1/12 x £360 = £30 (as early termination penalty charge)

=          £120 Deduction

 

£360 - £120 = £240. £240 will be reimbursed.

NB – you will not receive any products or services in lieu of the early termination penalty charge.

 

  • We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

 

  1. Problems with the product(s)
    1. In the unlikely event that one of our products doesn’t live up to your expectations for whatever reason, we will be more than happy to refund and / or replace the product without prejudice.
    2. To receive a replacement or refund, please send an email to hello@biltongbokkie.com with an image of the product, making sure you include the batch information, along with details of where you purchased it.
    3. In certain instances, we may ask you to post a product back to us for further inspection. If this is the case, we will cover the costs associated with this.

 

  1. Contract Law & Governance
    1. This contract is offered exclusively in English. The contract text (order data and general terms and conditions) is filed and stored by us. The storage is, however, only temporary and is not accessible to you. If you wish to file and store these terms and conditions you will have to do so separately.
    2. These terms are governed by English law and you can bring legal proceedings in respect of the product(s) in the English courts. If you live in Scotland you can bring legal proceedings in respect of the product(s) in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the product(s) in either the Northern Irish or the English courts.
    3. You agree that all proceedings against us will take place in the United Kingdom and submit exclusively to the authority and jurisdiction of the courts and Law of England and Wales.

 

  1. Limitation of Liability
    1. We will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profit, goodwill, use, damage to property, data or other intangible losses (even if we have been advised of the possibility of such damages).
    2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the product(s).

 

  1. Warranty Disclaimer
    1. This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, www.biltongbokkie.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.
    2. biltongbokkie.com does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components.
    3. biltongbokkie.com does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.

 

  1. Terms of payment
    1. You agree that you will receive invoices and credit notes exclusively in electronic form.
    2. We offer the following methods of payment, credit card (MasterCard and VisaCard), PayPal. For every order, we reserve the right not to offer certain payment methods based on the delivery address, a deviation from the delivery and invoice address, the value of the goods in the order or due to other objective criteria.
    3. We are entitled to refer to other payment methods for each order.
    4. In the case of payment in advance we will provide you with our bank details in the order confirmation. The invoice amount must be transferred to our account within 10 days. Please note that we only accept payments from accounts within the European Union (EU) and do not assume any costs attributed to money transaction.
    5. Consumers are asked to check the goods immediately for completeness, obvious defects and transport damage and to notify complaints to the seller and the freight forwarder as soon as possible. Your warranty claims remain unaffected.

 

  1. Privacy Policy
    1. Your personal details will be treated by us in accordance with applicable data protection regulations and according to our Privacy Policy which contains full details of the way in which we store and use your personal information. Our privacy policy can be viewed at www.biltongbokkie.com/pages/privacy-policy

 

III. Clauses 16 and 17 are Supplementary terms which will apply if you are not a consumer.

 

  1. Transfer of risk
    1. The risk of accidental loss and accidental deterioration of the purchased goods shall be transferred to you where you are not a consumer as soon as we have handed the goods to the freight forwarder, freight carrier or other person or institution who is otherwise responsible for the shipment.

 

  1. Extended retention of title
    1. We retain ownership of the goods where you are not a consumer until the complete settlement of all claims arising from the current business relationship. The corresponding Security rights are transferable to third parties. Prior to the transfer of ownership of the reserved goods, the buyer is not entitled to pledge the goods or to surrender them for security.
    2. Where you are not acting as a consumer you are entitled to resell the goods in the ordinary course of business. In this case, the purchaser shall already assign all claims arising from the resale to the seller in the amount of the invoice amount. The seller accepts the amount assignment. The purchaser is also authorised to collect the debt. The seller reserves the right to collect the claim itself if the buyer does not properly fulfil his payment obligations. (3) In case of connection and mixing of the reserved goods, the seller acquires co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of the processing. (4) The seller undertakes releasing the collateral which is due to him at the buyer's request insofar as the value of the collateral exceeds the claim to be secured by more than 10%. The choice of securities to be released is incumbent upon the seller.

 

  1. Customer service
    1. Our customer service for questions and complaints is available from 9 am to 5 pm on weekdays E-Mail: hello@biltongbokkie.com. You can also contact us via our social media platforms.

Instagram @biltongbokkie

Facebook www.facebook.com/biltongbokkieltd

 

  1. Other Important Terms
    1. If a court finds any part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    2. Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
    3. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
    4. You agree to indemnify, defend and hold harmless Biltong Bokkie and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
    5. You agree that on occasion we may at our discretion use certain information that you provide to us in relation to specific requests we make to you ,included but not limited to, first initial and surname, comments about our product(s), suggestions, designs, ideas, strategies or artwork (information). You agree that we may copy, edit, publish, and disseminate this information, and shall not be under any liability to hold the information in confidence. We will not owe or be liable to pay to you any sum for using this information and your sending of the information will not constitute a contract for any payments in any form whether monetary or otherwise, with the exception of the instances we choose at our sole discretion to do so. In normal circumstances, we will contact you prior to this decision being taken to use any information you provide. You understand that by leaving a review this information will be public.
    6. By continuing to use our site and services you are submitting acceptance to the terms laid out in this agreement. You therefore agree not to do anything unlawful relating to our products, our site, services or employees. This extends to our partners, suppliers, sub-contractors, directors, employees, interns, products, designs, intellectual property, ‘know how’, methods, practices, facilities, assets (physical, digital or implied).
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