Terms of service

All references to "you" and "your" are deemed to refer to any user and/or visitor of www.beanbagthebrand.com ("Website"). These terms and conditions ("Terms and Conditions") govern 1) your use of the website; and 2) your use of the platform.

General
    1. These “Terms and Conditions” are important and should be carefully noted.
    2. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (“the CPA”).
    3. If you do not understand these Terms and Conditions, it is your responsibility to ask a representative of BeanBagTheBrand to explain them to you before you accept them and/or continue using the Website.
    4. These Website Terms and Conditions govern the sale of Products (as outlined herein) and the use of the Website.
    5. By accessing or using any part of this site, you agree to be bound by these Terms and Conditions. If you do not agree to all the Terms and Conditions of this agreement, then you may not access the Website or use any service
    6. We reserve the right to update, change or replace any part of our Terms and Conditions by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
    7. By agreeing to these Terms and Conditions, you represent that you are at least the age of majority. You may not use our products for any illegal or unauthorised purpose nor may you, violate any laws in your jurisdiction (including but not limited to copyright laws).

 

Registering, Guest Check Out & Using the Website
    1. Only Registered Users and/or Guests (Guest Check Out) may purchase Products on the Website.
    2. To register, you must provide a unique username and password as well as certain personal details and/or information to BeanBagTheBrand
    3. You acknowledge that you will only use your username and password to access the Website and to purchase “Products” and that you will not disclose your username and password to any third party.
    4. You agree to notify BeanBagTheBrand immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and that you will take the necessary steps to mitigate any resultant loss and/or damage.
    5. By using the Website you warrant that you are (18) years of age and/or older. If you are under the age of (18) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the supervision of your legal guardian and/or parent. If your legal guardian and/or parent give “their” consent, then “they” agree to be bound to these Terms and Conditions and the entirety of these Terms and Conditions;
    6. You may not use the Website to distribute any material, electronic or otherwise which is defamatory, offensive, contains or amounts to hate speech or is in anyway unlawful or harmful.
    7. You may not display, publish, copy, print, post or use the Website and/or the information contained herein without the express prior written consent of a BeanBagTheBrand Representative.
Disclaimer
    1. The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website. BeanBagTheBrand, its owners, shareholders, directors, employees and/or agents, disclaims liability for any damage, loss or liability, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content herein unless otherwise provided by law.
    2. Any views or statements made or expressed on the Website are not necessarily the views of BeanBagTheBrand, its owners, shareholders, directors, employees and/or agents. BeanBagTheBrand does not accept any responsibility for any errors or omissions on this Website.
    3. Whilst BeanBagTheBrand takes reasonable measures to ensure that the content of the Website is accurate and complete, it makes no representations or warranties, whether express or implied, as to the quality, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website.
    4. In addition to the disclaimers contained elsewhere in these Terms and Conditions, BeanBagTheBrand 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 or any other data which is able to corrupt, destroy, compromise, disrupt, disable, harm and/or jeopardise your computer system, computer network, hardware or software in any way.

 Limitation of Liability

    1. Neither BeanBagTheBrand nor its owners, shareholders, directors, employees and/or agents shall be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the Website or the content contained in the Website; or your inability to use the website, and/or unlawful activity on the website and/or any linked third party website.
    2. You hereby indemnify BeanBagTheBrand its owners, shareholders, directors, employees and/or agents against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this Website and/or any linked third party website.
Changes to these Terms and Conditions
    1. BeanBagTheBrand may, in its sole discretion, change the Terms and Conditions or any part thereof at any time and notice of such change in the Terms and Conditions will be provided to you, either via email and/will be displayed on the Website. Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such updated or amended “Terms and Conditions” have been displayed on the Website, you will be deemed to have accepted such updates or amendments.

 

Terms and Conditions of Sale
    1. Registered Users and/or Guests (Guest Check Out) may place orders for Products as long as the Products are available and have not been sold out.
    2. An agreement of sale between you and BeanBagTheBrand will come into effect upon completion of payment or payment authorisation being received by BeanBagTheBrand and by delivery of the “Products” to you.
    3. Whilst BeanBagTheBrand will take all reasonable efforts to monitor stock levels, we cannot guarantee the availability of stock and we will only be liable for delivery of the Products when the Products are available.

 

Payment
    1. Payment can be made for Products through and/or via;
      PayFast;
      Credit Card; and
      EFT
    2. Where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we reserve the right to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts.
    3. Direct bank deposit or EFT; if you pay via direct bank deposit or EFT payment must be made within (5) calendar days of the order being placed.
    4. Once you accept these “Terms and Conditions”, you will be directed to a link to a secure site for payment of the applicable purchase price for the “Products”. 

 

Delivery of Goods
    1. Purchased Products will be dispatched and/or shipped as soon as reasonably possible after BeanBagTheBrand receiving receipt of payment and/or payment confirmation but no later than within 30 days of receipt of your payment ("Delivery Period"). We will notify you if we are unable to deliver the Goods during the Delivery Period.
    2. Delivery times will vary in accordance with the geographical location of each Registered User and/or Guest (Guest Check Out).
    3. While we strive to give our customers the ultimate shopping experience, at affordable rates. The delivery method is by means of a BeanBagTheBrand preferred courier service, and orders will need to be signed for by the person whom paid for, purchased, and/or completed the registration prior to ordering and in accordance with the relevant and applicable laws.
    4. It is the customer’s responsibility to make sure that they sign for their delivery once it has reached their shipping address, and as stipulated by the customer on completing the order. BeanBagTheBrand will not be held responsible for deliveries that are not signed for by Registered Users and/or Guests (Guest Check Out).

 

  1. Cancellation and Refund
    1. You are entitled to cancel, without reason and without penalty, your order for the Products within (7) days of receipt of the “Products” in terms of section 44 of the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act“). In such an instance you:
  • Agreement of sale will be deemed to have been cancelled;
  • Will receive a full refund of the purchase price within (30) days of the date of your cancellation of the order;
  • Undertake not to utilise the Products; and
  • You will be liable in terms of section 44(2) of the ECT Act for the direct costs of returning the Products, such as courier and/or shipping charges.

 

Breach
    1. If any party ("Defaulting Party") breaches any of these terms and conditions and fails to remedy such breach within 14 (fourteen) days of receipt of notice to remedy the breach, the aggrieved party shall be entitled to claim specific performance or to cancel this agreement forthwith upon written notice to the defaulting party, without prejudice to its right to recover:
  • any amounts that may be due to it in terms of this agreement; and
  • any loss or damage suffered as a consequence of the breach or the cancellation of this agreement.

 

Governing law and jurisdiction
    1. These Terms and Conditions and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa.
    2. Nothing in this clause (14) or the Terms and Conditions limit your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

 

General
    1. These Terms and Conditions, read together with Returns Policy and our Privacy Policy contain the whole agreement between you and BeanBagTheBrand and no other warranty or undertaking is valid, unless contained in this document between the parties.