TERMS AND CONDITIONS
Note that this applies to all purchases made on Karen Bishop’s Website (www.karenbishop.co.za).
CONDITIONS OF USE Please read these conditions carefully before using the website. If you disagree with any of these conditions, please stop using the website as your continued use constitutes your agreement in these terms and conditions. You do not require notice of the amendment of these terms and conditions as each time you log onto the web site, you will conclude a new agreement with Karen Bishop WHO YOU ARE CONTRACTING WITH
• www.karenbishop.co.za is owned and operated by Karen Bishop dietician PR NO 0081247.
• Visitors to karenbishop.co.za including those Users who purchase any products on karenbishop.co.za (“Purchasers”) are bound by these terms and conditions (“T&C’s”).
RESTRICTIONS OF SALE
Age restrictions You must ensure that you and/or the person for whom you may be buying a product on the Website, meet any age restrictions applicable to such products ordered by you on the Website and that these restrictions are observed. For example, if you make a Website purchase of books for a child or for a friend, the onus is on you to ensure that the book is suitable for their age. Karen Bishop will not be held liable in this regard.
Defects, Returns, Refunds & Guarantees
Should you not be satisfied with any book purchased by you on the Website because of a damaged, defective and incorrectly supplied product you may, under certain circumstances, be entitled to either a refund or replacement. Our Refund Policy regulates your rights in this regard, and how products are to be returned to us. DISCLAIMER Karen Bishop will not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use the Website or the services or content provided from and through this Website. Furthermore, Karen Bishop makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Website are free from errors or omissions or that the service will be 100% uninterrupted and error free. Please report any possible malfunctions and errors you come across by e-mail to: karenbishop@saol.com Although some of the books sold via the Website may be under warranty, the Website itself is supplied on an “as is” basis and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself prior to accepting these T&C’s that the service available from and through this Website will meet your individual requirements and be compatible with your hardware and/or software.
GOVERNING LAW AND JURISDICTION
This Website is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and, subject to the ‘Disputes’ clause of these T&C, you and Karen Bishop submit to the non-exclusive jurisdiction of the South African courts.
PRIVACY Karen Bishop shall take all reasonable steps to protect your personal information. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). PAIA may be downloaded from: http://us-cdn.creamermedia.co.za/assets/articles/attachments/03569_promo…Karen Bishop may electronically collect, store and use some of your personal information, like : Name and Surname; Date of Birth; Sex; country of residence; address; browsing and click habits; e-mail address; mobile number (if provided by you) this is for ease of use during subsequent visits to the website and to inform you about competitions and special offers from Karen Bishop to verify your identity when transacting with Karen Bishop to verify your identity to determine whether you are a registered Paygate user who has placed your credit card details on record with Paygate and to ensure that the goods are received by the addressee Information detailed above is collected either electronically by using cookies or is provided voluntarily by you. You may determine cookie use independently through your browser settings. You may elect not to receive any communications from Karen Bishop and this option will be presented to you in the website. Please note: Karen Bishop shall not disclose your personal information unless you give us consent to. Karen Bishop may compile, use and share any information that does not relate to any specific individual; and Karen Bishop owns and retains all rights to non-personal statistical information collected and compiled by www.karenbishop.co.za
SECURITY Please do not deliver or attempt to deliver any damaging code to this Website or attempt to gain unauthorised access to any page on this Website. Any persons caught attempting to sabotage this website shall be prosecuted and civil damages shall be claimed in the event that Karen Bishop suffers any damage or loss.
Karen Bishop will take all reasonable steps to ensure the integrity and security of the Website and back-office applications. All credit card transactions are Secure Socket Layers encrypted. Please see www.paygate.co.za for more information.
TERM AND TERMINATION These T&C’S shall commence from the date on which they are published on the Website and continue indefinitely, as amended by Karen Bishop from time to time for so long as the Website exists and is operational, Karen Bishop being entitled to terminate these T&C and/or shut down the Website at any time (subject to still processing any orders then already placed and accepted by Karen Bishop).
COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS Any and all copyright subsisting in the Website, vests in Karen Bishop and all rights not expressly granted are reserved. You may only download, view and print content from this Website for private and non-commercial purposes. To obtain permissions for the commercial use of any content on this Website e-mail Karen Bishop at karenbishop@saol.com . Karen Bishop cannot screen or edit all the content available from the Website and Karen Bishop will not accept any liability for illegal, defamatory or obscene content. Please inform Karen Bishop of any content that may be offensive or illegal. All the content, trademarks and data on this Website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Karen Bishop and as such are protected from infringement by local and international legislation and treaties.
ELECTRONIC COMMUNICATIONS When you visit the Website or send e-mails to Karen Bishop, you consent to receiving communications from Karen Bishop electronically and agree that all agreements, notices, disclosures and other communications sent by Karen Bishop satisfy any legal requirements, including but not limited to the requirement that such communications should be “in writing”.
HYPERLINKS, FRAMING, SPIDERS & CRAWLERS Hyperlinks provided on this Website are provided as is and Karen Bishop does not necessarily agree with, edit or sponsor the content on such web pages. No person, business or web site may frame this site or any of the pages on this Website in any way whatsoever. No person, business or web site may use any technology to search and gain any information from this Website without the prior written permission of Karen Bishop.
INFORMATION The ECT Act states that when goods or services are offered by way of certain electronic transactions, the seller thereof must make certain information about it available to customers on websites where the goods or services are offered. Karen Bishop information is as follows: Full name: Karen Bishop Dietician (registered in South African )Main business: Dietician in private practice and Online retailer Address for receipt of legal service: Kloof Medical Centre, 12 Lyngarth rd, Kloof, 3610, Republic of South Africa Office bearer: Karen Bishop Webmaster: Tim Churchman www.thecreativeco.net Website: http://www.karenbishop.co.za Official email address: karenbishop@saol.com PROATIA: The manual is published in terms of section 51 of the Promotion of Access to Information Act No 2 of 2000 can be downloaded here: www.info.gov.za/view/DownloadFileAction?id=68186Code of Conduct: not applicable Purchases from www.karenbishop.co.za .
STOCK AVAILABILITY Stocks of all Karen’s books do have a limitation to a degree. Karen Bishop shall take all reasonable efforts to ensure that stock is available at all times, exceptions may occur when a book is on offer and we will take all reasonable efforts to make sure you are informed that offers thereof are discontinued, should they be. However, should Karen Bishop be unable to fulfil any order placed by you at the advertised price due to stock having sold out, Karen Bishop will notify you and you will be entitled to a refund of the amount paid by you for such product, as explained in the Refund Policy
AGREEMENTS OF SALE Placing a product in a shopping basket or adding it to a wishlist without completing the purchase cycle does not:
• constitute an agreement of sale; and/or
• constitute an order for such product,
therefore, Karen Bishop may remove such book from the shopping basket or wishlist if stock becomes unavailable and you cannot hold Karen Bishop liable if such book is not available when the purchase cycle is completed at a later stage. An agreement of sale only comes into effect if and when:
• you electronically submit a properly completed order for one or more products in your shopping basket; and
• payment is either authorised, or received by Karen Bishop in her bank account
TERMINATION OF SALES & CANCELLATION OF ORDERS
• By karenbishop.co.za: karenbishop.co.za reserves the right to refuse to accept or process payment on any order, and/or to cancel any sale concluded between yourself and Karen Bishop, in whole or in part, on notice to you. Karen Bishop shall only be liable to refund monies already paid by you and accepts no other liability which may arise as a result of such refusal to process any order/sale.
• By You: Save for certain exceptions and subject to certain charges you are entitled to cancel any sale concluded on this Website within 7 days after date of receipt of the goods and to obtain a refund. You may also cancel a sale where delivery is delayed beyond the stipulated delivery date (or if no delivery date is specified, beyond 30 days from the order date).
Please read the Refund Policy for further details.
Amounts payable by You PRICES The price of each book is displayed with the book listing. In the event of a sale or special offer, the discounted price is displayed.
DELIVERIES AND DELIVERY COSTS
Karen Bishop uses Fastway Courier Services for the delivery of her online books within the borders of South Africa.
Each courier satchel costs R45.
The satchels can fit between 1 and 3 books per satchel.
Delivery areas include: Durban, Richards Bay, Pietermaritzburg, Port Shepstone, Wild coast, East London, Port Elizabeth, Plettenberg Bay, George, Mossel Bay, Stellenbosch, Paarl, Cape Town, Harrismith, Bloemfontein,Vaal, Ranfontein, Westonaria, Klerksdorp, Johannesburg, Pretoria, Rustenberg, Witbank, Nelspruit, Polokwane.
Deliveries will take between 1-3days depending on the area.
ERRORS Karen Bsihop shall take all reasonable efforts to accurately indicate prices and delivery charges. However, should products be erroneously offered at incorrect prices and/or delivery charges, Karen Bishop will not be obliged to sell products at such incorrect prices and/or delivery charges, but shall refund monies paid by you should you not wish to proceed with the purchase at the correct price and/or delivery charge.
PAYMENT METHODS Subject to the exceptions listed below, your payment for any products ordered from www.karenbishop.co.za must be made to Karen Bishop’s bank account in any one of the following ways: Credit card and Debit card payments At the time of placing the order, the transaction details are presented to the bank and payment is collected immediately. If bank’s authorisation is not obtained, the order will be cancelled. Bank deposits & Electronic Funds Transfer If you select the ‘pay via bank deposit’ button, instructions will be given on how to deposit monies into Karen Bishop’s bank account and it would be subject to the following rules:
• the exact amount must be paid;
• the payment must be identified by supplying the order number and surname in the reference section of the deposit slip or on the electronic transfer;
• no transfers may be made from ATM’s;
• cheque deposits are subject to a clearing period.;
• no bank deposits are accepted from outside the borders of South Africa; and
• your order will be cancelled if you choose to pay by bank deposit and the amount due is not paid within 5 business days.
• For EFT’s our banking details are: Karen Bishop , First National Bank, Account number 62583141818 , Branch code: 250655 (Kloof) , Business Cheque Account Ref: Quote your name and order number
• email proof of payment to karenbishop@saol.com
Paygate Credit and Debit card transactions will be acquired for Karen Bishop via PayGate (Pty) Ltd who are the approved payment gateway for Standard Bank of South Africa. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy. Customer details will be stored by karenbishop.co.za separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za
Exceptions
• Pre-order products: Books advertised and displayed as being on pre-order (in that they can be ordered in advance of their public release date) can only be paid for by credit/debit card.
RETURNS POLICY1. Refunds Generally1.1 Non-defective products – Your right to ‘cool off’ You are entitled to cancel any purchase made via this Website within 7 days after your receipt of the product and to obtain a full purchase price refund subject to certain criteria and subject to being charged by Karen bishop thereof for the return of the goods by following the returns procedure set out below. Note that although you are entitled to ‘cool off’ and cancel your purchase as aforesaid, you must return the product in the condition you received it. You cannot withdraw your order whereby you have taken the goods you have ordered (or the ones in relation to which you want to withdraw) out of the sealed package in which they were delivered. To withdraw your order you must notify Karen Bishop via email. E-mail address karenbishop@saol.com. If you have received the goods before you withdraw your order then, unless you have lost your right to withdraw because you have taken the goods out of their sealed package, you must send them back to Karen Bishop’s return address (Kloof Medical Centre, 12 Lyngarth rd, Kloof, 3610) at your own cost and risk unless the goods were supplied faulty or damaged. If you withdraw your order but Karen Bishop has already processed the goods for delivery and you have received them, you must not unpack the goods when they are received by you and you must send the goods back to Karen Bishop at your own cost and risk as soon as possible. You will only be entitled to a refund in respect of the exceptions listed above in the event and to the extent that any such refund is provided for under the express provisions of this Refund Policy herein below. NOTE: A R55 shipping & handling charge is applicable to non-defective returns.1.2 Late Delivery If a product purchased is not delivered within the agreed delivery period, or where no specific period was agreed, within 30 days after having purchased the Product, the ECT Act entitles you to cancel such sale on 7 days notice to the seller. Should a product purchased be unavailable, the seller thereof must notify you and issue a full refund within 30 days after such notice.2. Refunds on purchases from www.karenbishop.co.za 2.1 Early Cancellations – Penalty Free*You are entitled to cancel (either in whole or in part) any sale without attracting any cancellation and/or administration charges if you cancel prior to the packaging of the products so sold. * If timeously cancelled as aforesaid, you will be fully refunded in respect of such cancelled sale (including delivery charges), without any administrative or other charges being payable; provided that, should a sale only be partially cancelled and delivery charges as re-calculated on the value of the revised order exceed the delivery charges as calculated on the original order, you shall be liable for the amount of such excess delivery charges. NOTE: Íf you wish to return any non-defective product delivered to you for a refund as aforesaid, please do not remove the product from its original packaging. Remember that Karen Bishop may hold you liable for any damage you cause to the product (including its packaging) while in your possession. Incorrect Product: If the incorrect Product is delivered to you by mistake (i.e. it is not the Product you purchased), please do not remove the Product from its original packaging, open or use the Product in any way. Please promptly contact Karen Bishop at 031 764 7188 or 083 494 2898 to notify her thereof, so that she can resolve the mistake by arranging to collect such Product from you and deliver the correct Product to you, as quickly as possible. NOTE: A R55 shipping & handling charge is applicable to non-defective returns. Karen Bishop shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond its reasonable control.2.2 Arranging Returns. If you want to return a product you have purchased from Karen Bishop for any reason permitted under this Refund Policy, you must in all instances first notify Karen Bishop thereof to inform her of the reason for your return by contacting her via either:
• email at: karenbishop@saol.com
• or by telephone on 031 764 7188 083 494 2898
Once you have successfully logged your return as aforesaid, Karen Bishop will arrange for the collection of the product from you. You must ensure that the Product to be collected by the courier is packed so as to comply with the following:
• the Product is properly protected;
• save where being returned due to being Defective, the Product is still in its original packaging, together with all accessories, instructions and documentation (if any), and in perfect condition for the purposes of resale and
IMPORTANT
• Please treat products and packaging with due care. Karen Bishop may have to hold you liable for any damage you cause to a product (including its packaging) while in your possession.
2.3 Processing of Refunds
1. Karen Bishop will notify you of any refund of monies via email within a reasonable period of time. She will refund any monies to you using the same method used by you to pay for your purchase or via electronic transfer. She will usually process the refund to you as soon as possible and in any event within 30 days of your cancellation or the day she confirmed to you via email that you were entitled to a refund for the delivery of any defective Product. The provision of goods and services by Karen Bishop is subject to availability. In cases of unavailability, she will refund the client in full within 30 days.Terms
