TERMS & CONDITIONS OF SALE

1. Introduction

The Booksite’s E-Commerce platform’s (“Website”) Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Publications on this Website.

Booksite is hosting and facilitating the Website on behalf of Bible Society of South Africa. Booksite will pick, pack and dispatch e-commerce orders after it has been successfully paid via the payment gateway.

The Distributor/Courier will be appointed by Booksite to fulfil delivery to the End User:

End User is anyone that has successfully registered to purchase via the Website.

These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“End user”).  By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.

Booksite’s Website enables you to shop online for an extensive range of products provided by the Bible Society of South Africa. (“Publications”).

 

2. Registration and use of the website

Only registered users may order Publications on the Website.

To register as a user, you must provide a unique username and password and provide certain information and personal details to Booksite. You will need to use your unique username and password to access the Website in order to purchase Publications.

You agree and warrant that your username and password shall
- be used for personal use only; and
- not be disclosed by you to any third party.

For security purposes you agree to enter the correct username and password whenever ordering Publications, failing which you will be denied access.

You agree that, once the correct username and password relating to your account has been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you or Booksite in accordance with these Terms and Conditions.

You agree to notify Booksite immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.

You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Booksite representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).

You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.

You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Booksite representative.

 

3. Important Notice

These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).

These Terms and Conditions contain provisions that appear in similar text and style to this clause and which:-
- may limit the risk or liability of Booksite; and/or
- may create risk or liability for the user; and/or
- may compel the user to indemnify Booksite; and/or

serves as an acknowledgement, by the user, of a fact.

Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.

If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Booksite to explain it to you before you accept the Terms and Conditions or continue using the Website.

Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Booksite in terms of the CPA.

Booksite permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.

 

4. Conclusion of sales and availability of stock

Registered users may place orders for Publications which Booksite may accept or reject. Whether or not Booksite accepts an order depends on the availability of Publications, correctness of the information relating to the Publications (including without limitation the price) and receipt of payment or payment authorisation by Booksite for the Publications.

NOTE: Booksite will indicate the acceptance of your order by delivering the Publication to you, and only at that point will an agreement of sale between you and Booksite come into effect (the “Sale”). This is regardless of any communication from Booksite stating that your order or payment has been confirmed. Booksite will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.

Prior to delivery of the Publications, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery of the Publications, you may return the Publications only in accordance with clause 7.

Placing Publications in a Wishlist or shopping basket without completing the purchase cycle does not constitute an order for such Publications, and as such, Publications may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold Booksite liable if such Publications are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.

You acknowledge that stock of all Publications on offer is limited and that pricing may change at any time without notice to you. In the case of Publications for sale by Booksite, Booksite will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, Booksite cannot guarantee the availability of stock. When Publications are no longer available after you have placed an order, Booksite will notify you and you will be entitled to a refund of any amount already paid by you for such Publications.

 

5. Payment

Booksite is committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.

Where the Publications are for sale by Booksite, payment can be made for Publications via:-
- debit card;
- credit card: where payment is made by credit card, Booksite may require additional information in order to authorise and/or verify the validity of payment. In such cases Booksite is entitled to withhold delivery until such time as the additional information is received by Booksite and authorisation is obtained by Booksite for the amounts. If Booksite does not receive authorisation your order for the Publications will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Publications. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;

Once you have selected your payment method, you will be directed to a link to a secure site for payment of the applicable purchase price for the Publications.

 

6. Delivery of publications

Publications will be delivered to you by Booksite via a courier.

You have the option to choose Economy or Express as a service and will be invoiced accordingly.

Where it accepts your order, Booksite will deliver the Publications to you as soon as reasonably possible, but no later than 15 (fifteen) days of receipt of your payment (“Delivery Period”). Booksite will notify you if Booksite is unable to deliver the Publications during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Publications. If you elect to cancel your order, Booksite will reimburse you for the purchase price no later than within 30 (thirty) days after the correct banking information has been provided.

Booksite’s obligation to deliver a product to you is fulfilled when Booksite delivers the product to the physical address nominated by you for delivery of the order. Booksite is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.

Delivery within the borders of South Africa only.

 

7. Returns

Booksite will only accept returns of Publications that Booksite has supplied subject to the following conditions:
- The End User has reported the request for return within 7 (seven) days from receipt of Publication.
- Booksite has given prior written authorisation (Returns authorisation number) to return the Publications.
- The End User supplies proof that Booksite was the supplier of the Publication by way of copy invoices or relevant invoice numbers.
- The Publications returned are, in the opinion of Booksite, received in mint resaleable condition, unless reported by the End User as a misbound Publication, or a received damaged Publication. Booksite may take up to 30 (thirty) days from receipt of returned Publications to determine the condition of the Publication.
- The responsibility to return the Publication to Booksite including the full cost of freight paid in returning the Publications is borne by the End User unless, the fault lies with Booksite.

 

8. Errors

Booksite shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in clause 7.

 

9. Changes to these Terms and Conditions

Booksite may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, 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 amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.

 

10. Disclaimer

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.

Booksite 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 Booksite’s representatives, Booksite shall not be bound thereby.

Booksite disclaims liability for any damage, loss or expenses, 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 therein unless otherwise provided by law.

Any views or statements made or expressed on the Website are not necessarily the views of Booksite, its directors, employees and/or agents.

In addition to the disclaimers contained elsewhere in these Terms and Conditions, Booksite 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 your computer system, computer network, hardware or software in any way. You 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 your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Booksite, its employees, agents or authorised representatives. Booksite thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.

 

11. Limitation of liability

Booksite cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Booksite, its employees, agents or authorised representatives. You are encouraged to contact Booksite to report any possible malfunctions or errors.

Booksite shall not 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.

You hereby indemnify Booksite 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.

 

12. Availability and termination

Booksite will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.

Booksite may in its sole discretion terminate, suspend and modify the Website, with or without notice to you. You agree that Booksite will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.

If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Publications, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.

Booksite is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Booksite, in whole or in part, on notice to you. Booksite shall only be liable to refund monies already paid by you (see clause 7 above in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.

At any time, you can choose to stop using the Website, with or without notice to Booksite.

 

13. Governing law and jurisdiction

These Terms and Conditions and our relationship 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. Your continued use of the Website will constitute your 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 these Terms and Conditions.

In the event of any dispute arising between you and Booksite, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

Nothing in this clause 13 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

 

14. Notices

Booksite hereby selects 28 Sacks Circle, Bellville-South, Cape Town, 7553, South Africa, as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Booksite may change this address from time to time by updating these Terms and Conditions.

You hereby select the billing address specified with your order as your legal address.

Notices must be sent either by hand, prepaid registered post, or email and must be in English. 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 (ten) days after the date of posting;
- by email will be deemed to have been on the date indicated in the “Read Receipt” notification. All email communications between you and us must make use of the “read receipt” function to serve as proof that an email has been received.

 

15. General

Booksite may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.

You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.

Any failure on the part of you or Booksite to enforce any right in terms hereof shall 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 variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.

No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall 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.

These Terms and Conditions contain the whole agreement between you and Booksite and no other warranty or undertaking is valid, unless contained in this document between the parties.