1.1 For purposes of these General Terms and Conditions and elsewhere on the website, “BendyBob” means BendyBob a division of Tamelia Trading cc, Reg nr: 2009/098998/23. BendyBob’s head office is located at 8 Roos Bolton crescent, Knysna Heights, Knysna ; email address: bob@BendyBob.co.za
2.1 These General Terms and Conditions will apply to any and all agreements and legal relations pursuant to which BendyBob acts as supplier of items.
3. Product specifications; pricing; typographical errors
3.1 BendyBob will not be required to execute an order or compensate a buyer for any loss if BendyBob made an error when presenting the item, formulating its characteristics or stating its price, and
i) it should have been clear to the buyer that such involved a printing error; or
ii) if the buyer should not, under the circumstances, have reasonably relied on BendyBob delivering quoted item, with stated characteristics, at this price.
4.1 Products sold by BendyBob are billed in Rands and include VAT.
5.1 Items are currently delivered to buyers in the Republic of South Africa. Purchase agreements are concluded with natural persons not acting in the course of a profession or business- only. Therefore any VAT charged will not at any time be refunded.
6. Costs of Delivering the Items
6.1 All prices of the items posted on the website are exclusive of delivery costs.
6.2 Delivery costs will be stated separately when settling the order and may vary daily and for each order.
7. Delivery and Delivery Period
7.1 BendyBob shall make an effort to supply the items ordered, provided that BendyBob has such items in stock, to the delivery address within 5 – 10 working days of the order confirmation and the required receipt of payment. Prior to delivering an order, the buyer may be contacted to verify the correctness of the order. This may cause some delay in delivery. When registering, buyers must state a telephone number on which they can be reached during the day (such as their number at work or a mobile phone number), so that the delay, if any, will be as short as possible.
7.2 The delivery periods referred to above are of an indicative nature and are not times of the essence. Should the order not be delivered within 30 days, the buyer will be entitled to cancel the order at no charge.
7.3 BendyBob shall arrange delivery by post or dispatch in any other way, at BendyBob’s option. Note that a signature will be required for all residential deliveries.
7.4 BendyBob may dispatch the delivery in parts. Any extra costs for subsequent deliveries will be borne by BendyBob.
8. Stock Availability
8.1 Stock on offer is limited. BendyBob shall take all reasonable efforts to discontinue the offer as soon as stock is no longer available. However, should items still be offered after stocks are sold, BendyBob shall only be liable to refund monies where it is unable to fulfill orders at advertised prices.
9.1 Payment is accepted via direct transfer.
10. Agreements of Sale
10.1 Placing an item in a shopping basket, or adding it to a wishlist without completing the purchase cycle, does not constitute an agreement of sale between BendyBob and the purchaser. Users cannot hold BendyBob liable if such items are not available when the purchase cycle is completed later; and/or constitute an order for such an item; and BendyBob may remove such an item from the shopping basket if no stock is available. An agreement of sale between BendyBob and a user only comes into effect if and when the funds have cleared in Tamelia Trading’s bank account. BendyBob reserves the right to refuse to accept and/or execute an order without giving any reasons. BendyBob also reserves the right to cancel orders in whole or in part as circumstances dictate. BendyBob shall only be liable to refund monies already paid by the user.
11. Returns / Refunds Policy
11.1 Products may not be returned unless the incorrect product has been supplied or the product is damaged or faulty. In such an instance BendyBob will exchange the product on condition that
(i) the product is returned in its original condition- including packaging, documentation, warranty cards, manuals and accessories and
(ii) the customer returns the product within five days of receipt and confirms same by sending a written notice to bob@BendyBob.co.za (within abovementioned five day period).
(iii) All returns must be shipped freight (and insurance) prepaid. The onus is on the customer to ensure that the goods returned are received by BendyBob within 10 days of written notice. Under no circumstances will BendyBob accept responsibility for goods returned that are lost in transit.
On receipt and acceptance of returned product BendyBob will make all reasonable effort to exchange said product, but if replacement is not possible BendyBob will refund the purchase price, including delivery cost. Such amount will be refunded within 30 days of cancellation, beginning on the day written notice was given.
12. Applicable Law
12.1 This site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law.
13. Personal Data
13.1 BendyBob shall take all reasonable steps to protect the personal information of Users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000.
13.2 BendyBob will store the data provided by buyers in a data file. Such data will be used to execute buyers’ orders and will be kept as long as necessary to handle any complaints about the execution of an order. No data will be passed on to third parties if such should jeopardise the buyer’s privacy.
14. Changes To Agreement
14.1 BendyBob may, at its sole discretion, change this agreement or any part thereof at any time without notice.
15. Intellectual Property Rights
15.1 All the content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to BendyBob and as such are protected from infringement by local and international legislation and treaties.
16.1 BendyBob 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 8 Roos Bolton Crescent, Knysna Heights, Knysna, South Africa.