Terms & Conditions

 

Terms and Conditions

IMPORTANT: In accordance with section 49 of the Consumer Protection Act, No. 68 of 2008, certain clauses within this Agreement are hereby brought to the attention of the consumer at the outset so as to notify the consumer as to their importance as regards the consumers’ rights, and the limitation thereof, in terms of this Agreement.

Clause 8.2 states that:

“BUTTON-BUNNY” makes no representations or warranties, including but not limited to warranties as to the availability, accuracy or content of information, products or services, and warranties of merchantability or fitness for a particular purpose of information, goods or services.

Clause 8.4 states that:

Save as expressly set out herein, “BUTTON-BUNNY” shall under no circumstances whatsoever be liable to you, including without limitation, as a result of or in connection with “BUTTON-BUNNY”’ negligent acts or omissions or those of its employees, agents or designees or other persons for whom in law they may be liable for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused, sustained by you, the recipient of the products or services, or any other person arising from or as a result of any sale concluded in terms of this Agreement, the delivery, non-delivery, incorrect, erroneous or late delivery, the use, possession or consumption of the information, goods or services.

Clause 8.5 states that:

“BUTTON-BUNNY” (including its owner(s), directors, employees, designees, agents, representatives, affiliates and suppliers) shall not be liable for any loss, damage, (whether direct, indirect or consequential) or expense of any nature whatsoever which may be suffered as a result of use of or reliance upon the site (including any information contained thereon) or the Internet. “BUTTON-BUNNY” is hereby indemnified and shall be kept fully indemnified from and against any loss or damage suffered or liability incurred, including without limitation in respect of any claim or demand by any third party by reason of any act or omission on your part or that of any family member, agent or representative acting on your behalf in connection with transactions concluded on the site and/or in terms of this Agreement and/or in relation to receipt of information, goods or services supplied by “BUTTON-BUNNY” pursuant to any such order.

The above clauses do not constitute prohibited terms or conditions according to Section 51 of the Consumer Protection Act, No. 68 of 2008 and by continuing with this agreement, the consumer thereby formally acknowledges these terms and accepts them as part of the whole agreement.

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 (“registered 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.

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

By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally.

1. INTRODUCTION

1.1 The “BUTTON-BUNNY” website and online shopping service (collectively known as “the site”) is owned by Baird Consulting cc. The site is hosted and managed within the Republic of South Africa and is therefore subject to all legislation applicable in that jurisdiction. All purchases made from this site are subject to the terms and conditions contained in this agreement, to the exclusion of all other terms and conditions.

1.2 In terms of Section 11 of the Electronic Communications and Transactions (ECT) Act, No. 25 of 2002 and the common law of contract, these terms and conditions are valid, binding and enforceable against all persons that access the “BUTTON-BUNNY” website, web pages or any part thereof. If you do not agree to be bound by the terms and conditions of this agreement you may not make use of the “BUTTON-BUNNY” website or product sale services. Any reasonable use of this site shall automatically bind you to this agreement. Do not use this site if you do not agree to be bound by these terms.

2. SALES OF GOODS AND AVAILABILITY

2.2 All products displayed on this site are subject to availability. All prices displayed on the site are quoted in South African Rands. “BUTTON-BUNNY” reserves the right without prior notice to discontinue or change specifications on goods and services offered on this site without incurring any obligations in respect thereof.

3. COLOURS OF GOODS

3.1 Every effort has been made by “BUTTON-BUNNY” to accurately display the colour of all goods being sold on this site. Unfortunately, the colour of the products may vary slightly depending on your computer monitor. “BUTTON-BUNNY” can therefore not guarantee that any colour displayed on your monitor will be accurate.

4. PRIVACY POLICY

4.1 All information that is provided by you to “BUTTON-BUNNY” shall be stored on a secure server where all users’ identity numbers and payment card details will be encrypted so as to inhibit the possibility of unauthorised disclosure or interception. Additionally, the site makes use of “cookies” to further minimize the possibility of unauthorised access to and disclosure of all your personal information.

4.2 “BUTTON-BUNNY” may use your information in order to contact and inform you as to any promotions and special offers. You are, however, entitled, at any stage, to opt out of this service. Furthermore, in compliance with Section 12 of the Consumer Protection Act, No. 68 of 2008, “BUTTON-BUNNY” will not engage in any direct marketing directed at a consumer at home for any promotional purpose during a prohibited period, such prohibited period being prescribed by the Minister, by notice in the Gazette.

4.3 “BUTTON-BUNNY” will not sell or in any way make available your personal information to third parties. However, “BUTTON-BUNNY” may disclose personal information in response to a specific request by a law enforcement agency, subpoena, court order, or as required by law.

5. INTELLECTUAL PROPERTY

5.1 “BUTTON-BUNNY” retains ownership of all intellectual property such as all material, including logos and other graphics, which form part of the site from time to time. All data and information communicated to and from the site and/or any site information and database remain and shall be the sole property of “BUTTON-BUNNY”.

5.2 “BUTTON-BUNNY” grants any user of its services permission to view, electronically copy as well as print in hard copy portions of the site, but only for the sole purpose of browsing the site and placing an order with “BUTTON-BUNNY” for personal use only.

5.3 Any reproductions of material on the site, other than those documented above, as well as any other modification, distribution and reproduction, without the prior written consent of “BUTTON-BUNNY” and the lawful intellectual property owner is strictly prohibited and constitutes and unlawful infringement of the intellectual property rights of “BUTTON-BUNNY” and/or such other owner.

6. TRADEMARKS

Nothing herein contained shall give any person using “BUTTON-BUNNY”’ site, any proprietary interest in or any title, claim or right whatsoever in or to any of “BUTTON-BUNNY”’ trademarks and any use thereof without “BUTTON-BUNNY”’ prior written consent, is strictly prohibited and constitutes any unlawful infringement of such trademark.

7. ADVERTISING AND LINKS

7.1 External hyperlinks may be provided on the site. Such hyperlinking shall not be interpreted as constituting any relationship between “BUTTON-BUNNY” and any linked third party or any endorsement by “BUTTON-BUNNY” of such third party, its information, goods, services or otherwise. Use of or reliance on any external links provided is at your own risk.

7.2 Advertising and other promotional material will appear on the site from time to time. Such advertising or promotional material shall not be interpreted as constituting any relationship between “BUTTON-BUNNY” and any third party placing such advertising or promotional material on the site or any endorsement by “BUTTON-BUNNY” of such third party, its information, goods, services or otherwise and use of or reliance on any such material is entirely at your own risk.

7.3 Any advertising, promotions or special offers pertaining to “BUTTON-BUNNY” and their goods or services that are communicated to the public in general on the site in terms of clause 7.2 above, are not subject to the provisions of Section 32 of the Consumer Protection Act, No. 68 of 2008 pertaining to direct marketing, save where “BUTTON-BUNNY” directly communicates with you in terms of clause 4.2 and you have not indicated that you wish to opt out of this service.

8. DISCLAIMERS AND EXCLUSIONS OF LIABILITY

8.1 It is hereby expressly agreed that use of the site or the Internet is entirely at your own risk. The site and its contents are provided on an “as is” and “as available” basis and “BUTTON-BUNNY” makes no representations or warranties of any kind, whether express or implied, including without limitation with respect to the site, its contents, the accuracy thereof, or any warranties or representations regarding the effectiveness of any security or encryption facilities or with regards to the availability of goods or services and/or delivery arrangements and times.

8.2 “BUTTON-BUNNY” makes no representations and warranties, including but not limited to warranties as to the availability, accuracy or content of information, goods or services, and warranties of merchantability or fitness for a particular purpose of information, goods or services.

8.3 “BUTTON-BUNNY” does not warrant that the functions provided by the site will be uninterrupted or error free, or that the site or server that makes it available are free from viruses or other harmful components.

8.4 Save as expressly set out herein, “BUTTON-BUNNY” shall under no circumstances whatsoever be liable to you, including without, as a result of or in connection with “BUTTON-BUNNY”’ negligent acts or omissions or those of its employees, agents or designees or other persons for whom in law they may be liable for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused, sustained by you, the recipient of the goods or services, or any other person arising from or as a result of any sale concluded in terms of this Agreement, the delivery, non-delivery, incorrect, erroneous or late delivery, the use, possession or consumption of the goods or services.

8.5 “BUTTON-BUNNY” (including its owner(s), directors, employees, designees, agents, representatives, affiliates and suppliers) shall not be liable for any loss or damage (whether direct, indirect or consequential) or expense of any nature whatsoever which may be suffered as a result of use of or reliance upon the site (including any information contained thereon) or the Internet. “BUTTON-BUNNY” is hereby indemnified and shall be kept fully indemnified from and against any loss or damage suffered or liability incurred, including without limitation in respect of any claim or demand by any third party by reason of any act or omission on your part or that of any family member, agent or representative acting on your behalf in connection with transactions concluded on the site and/or in terms of this Agreement and/or in relation to receipt of goods or services supplied by “BUTTON-BUNNY” pursuant to any such order.

8.6 Notwithstanding any other provisions contained herein, “BUTTON-BUNNY”’ liability whether in contract or delict arising from any breach of any obligation in terms of this Agreement, negligence or otherwise shall not exceed at any time more than double the monetary value of the order in respect of which any dispute or claim arises and shall not include any loss of income or profit or any future or consequential damages.

9. GENERAL TERMS

9.1 The content contained on the site may be used for personal, non-commercial shopping and information purposes only. In using the site you agree not to infect it with any computer programming (such as a virus) that may damage, interfere with, delay or intercept any data or information on the site and you shall indemnify “BUTTON-BUNNY” against any damage caused by any such act attributable to you. “BUTTON-BUNNY” may suspend the site or any part thereof or terminate your account at any time if they believe the information provided by you is untrue, inaccurate or incomplete.

9.2 If any provision of this Agreement is unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining terms.

9.3 This Agreement constitutes the whole agreement between the parties relating to the subject matter hereof.

9.4 Any indulgence or extension of time granted by “BUTTON-BUNNY” shall not be construed as a waiver or variation of any of their rights or remedies in terms of this Agreement.

9.5 You agree that, at the option of “BUTTON-BUNNY”, in terms of Section 45 of the Magistrates Court Act, No. 32 of 1944, any dispute arising out of the Agreement may be brought in any Magistrates’ Court of competent jurisdiction notwithstanding that the amount in issue may exceed jurisdiction of such court.

9.6 This agreement is governed by the laws of the Republic of South Africa.

Button-Bunny 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.

Ownership and copyright

The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Button-Bunny, its advertisers and/or sponsors and/or is licensed to Button-Bunny.

You will not acquire any right, title or interest in or to the Website or the Website Content.

Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact our Admin Manager at admin@button-bunny.co.za

Where any of the Website Content has been licensed to Button-Bunny or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.

Like this? Please share it.

Comments are closed.