BIGGI Popcorn

SCHEDULE

1. The Organisation: Biggi Brands (Pty) Ltd
2. Registration number: 1991/001400/07
3. VAT registration number: 4450115144
4. Physical address: Farm North Bank, Hopetown, 8750
5. Email address: info@biggi.co.za
6. Website address: www.biggi.co.za

INTRODUCTION

Welcome to the website set out in item 1.6 of the Schedule (“Website”), owned and operated by the Organisation set out in item 1.1 of the Schedule (“Organisation”). These Terms and conditions of use (“Terms”) set out the Terms that regulate the use of the Website by the user (“you, your or yourself”).

ACCEPTANCE OF TERMS

These Terms take effect as soon as you access the Website and constitute a binding agreement between the Organisation and yourself. The current version of these Terms will govern both the Organisation’s and your rights and obligations each time you access this Website. If you do not agree with any provision contained in these Terms, you must immediately cease to use the website. Your failure to do so, and your continued use of and access to the Website, will mean that you have read, understood and agree to be bound in full by the provisions of these Terms. Unless the contrary is specified, these Terms apply whether you use and access either free or paid-for services offered by the Organisation on the Website.

USE OF THE WEBSITE

1. By accessing the Website, you warrant and represent that (i) your use of the website is for lawful purposes, (ii) you are over 18 (Eighteen) years of age, and (iii) you can legally conclude a binding agreement with the Organisation. You further warrant that you will not contravene any South African or international laws by using the Website, any services offered on the Website or any information provided to you by the Organisation through your use of the Website.
2. Except as expressly authorised by these Terms, you may not use, alter, copy, distribute, or transmit any content contained on this Website.

USE OF INFORMATION

1. The Organisation conducts its business in accordance with all South African legislation applicable and relevant to its business. One aspect of such legal compliance pertains to data protection. The Organisation values the privacy of your information and will protect your personal information in accordance with all relevant laws and regulations. This includes the Protection of Personal Information Act no 4 of 2013 (“POPIA”) and all regulations promulgated in terms thereof.
2. By using the Website, and thereby accepting to be bound by these Terms, you expressly acknowledge, agree and consent to the Organisation and our suppliers, or any person authorised on our behalf, using your personal information, as this Term is defined by POPIA (“Personal Information”) for any purpose necessary for you to use the Website, or for the Organisation to render any service to you via the Website.

AMENDMENT OF TERMS

1. The Organisation, in its sole discretion, reserves the right to amend these Terms at any time. Any such amendments will come into effect immediately and automatically. Whenever the Organisation concludes any amendments to these Terms, the amended Terms will be posted on this page, together with an indication at the bottom of the page as to the date upon which the Terms were last revised. You agree to review these Terms for any such amendments whenever you visit the Website, and you will be deemed to have done so.
2. Should you not agree to any amendments of these Terms, you must immediately cease to access and use the Website.

CONTENT OF USERS

1. There are certain areas on the Website that allow users of the Website to upload questions, data, and other information (“User Content”). As a user, you are solely responsible for the User Content that you upload, display, and / or otherwise make available (“Add”) to the Website, and you hereby agree that the Organisation is only a conduit for the online sharing, distribution and publication of your User Content. The Organisation will not review or reference any such User Content except as may be provided in the Organisation’s privacy policy or as may be required by law. Unless otherwise stipulated by law, or unless the contrary is specified in any other terms and conditions of the Organisation, all User Content is owned by the User who adds it to the Website. Subject to the aforegoing two provisos, the Organisation does not claim any ownership rights in any User Content.
2. You agree not to Add any User Content that contains any information or content that (i) is not legally permitted; (ii) you do not have a right to make available under any law, or under contractual or fiduciary relationships; and / or (iii) you know is incorrect and / or inaccurate. You agree that any User Content that you Add to the Website does not and will not violate any third-party rights of any kind.

COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

1. For purposes of these Terms, “Intellectual Property Rights” means “any and all Intellectual Property Rights of whatsoever nature and form including, without limitation, patents, designs, copyright, trademarks, trade secrets and / or know-how, whether in existence now or whether arising in the future, and including all applications and registrations, renewals and extensions thereof, under the laws of any country, territory or other jurisdiction.
2. Unless the contrary is expressly specified in these Terms, any and all content and material of whatsoever nature and form contained or depicted on the Website, or incorporated or embedded in any service offered on or via the Website, including, without limitation software, images, text, graphics, illustrations, logos, branding, and/ or photographs (“Organisation Content”), and all Intellectual Property Rights subsisting in such Organisation Content, vest exclusively in the Organisation. You hereby agree and undertake that you will at no time lay any claim to the Organisation Content, and / or to any Intellectual Property Rights subsisting in such Organisation Content.
3. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or to any Intellectual Property Rights belonging to the Organisation, and you agree and undertake that you will not yourself, or through any parent, subsidiary, affiliate, agent or other third party: (i) modify, port, translate, localise or create derivative works of the Organisation Content, or any part thereof; (ii) by any means whatsoever, decompile, disassemble, reverse engineer or attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques or algorithms contained or incorporated in any Organisation Content, or any part thereof, , or disclose any of the foregoing; (iii) sell, lease, license, sublicense, copy, market, reproduce, transmit or distribute the Organisation Content, or any part thereof, including any Intellectual Property Rights subsisting therein, without the express written consent of the Organisation; (iv) encumber or create any lien or security interest in respect of any Organisation Content or any Intellectual Property Rights subsisting therein; and (v) knowingly take any action that would cause any of the Organisation Content to be placed in the public domain, or that would infringe any Intellectual Property Rights in the Organisation Content. Use of the Organisation Content, and any Intellectual Property Rights subsisting therein, for any purpose not expressly permitted by these Terms is strictly prohibited.
4. You understand and acknowledge that you may be exposed to User Content that is inaccurate, misleading and / or offensive and you agree that the Organisation will not be liable for any damages you allege to incur as a result of exposure to such User Content.

DISCLAIMER OF WARRANTIES AND LIABILITIES

1. The Organisation does not make any warranties, representations, statements or guarantees, whether express, implied in law or residual, regarding the Website and any services offered on or via the Website, and these are provided on an "as is" basis. The Organisation also does not make any warranty or representation that any information contained on the Website or included in any services is appropriate for use in any jurisdiction.
2. Use of the Website, any Organisation Content and / or any service offered as a part thereof is entirely at your own risk. The Organisation makes no representations, warranties or conditions about the quality, accuracy, reliability, completeness, or timeliness of any of the aforegoing.
3. The Organisation does not assume any responsibility for any errors, omissions or inaccuracies in the Website, the Organisation Content and / or any service that may be offered pursuant thereto.
4. Neither the Organisation nor its shareholders, officers, directors, employees, affiliate companies, agents and advisors (“Indemnified Parties”) shall be responsible for, and deny, all liability for any loss, harm, damage (whether direct, indirect or consequential) and / or expense of any nature whatsoever which may be suffered by you and / or any third party, as a result of or which may be attributable, directly or indirectly, to your access and use of (i) the Website, and / or (ii) any information contained on or received via the Website (including any reliance you may place on such information), (iii) any Organisation Content, (iv) any services provided pursuant to the Website.
5. Without limiting the generality of the aforegoing, the Indemnified Parties shall not be liable for any (i) loss of business, data and / or profits, (ii) failure and / or unavailability of the Website for any reason whatsoever, and / or (iii) failure / delay by any third party service provider to render any service/s which are necessary to ensure the availability of the Website.
6. You hereby indemnify the Indemnified Parties against any loss, liability, harm, damage (whether direct, indirect or consequential) or expense of any nature whatsoever which may be suffered by you or any third party as a result of or which may be attributable directly or indirectly to any of the above or the aforegoing.

INDEMNITY

In addition to the warranties and indemnities set out above, you hereby agree and undertake to defend, indemnify and hold harmless the Indemnified Parties from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) your violation of any provision of these Terms; (iii) your violation of any third party right including, without limitation any Intellectual Property Right, or other property or privacy right; or (iv) any claim that the User Content caused damage to a third party. All indemnity provisions set out in these Terms will survive termination, modification or expiration of these Terms.

EXTERNAL LINKS

External links may be provided for your convenience; however, the Organisation makes no representations whatsoever about any third party website or its content. Use or reliance on any external links provided is entirely at your own risk. It is your responsibility to ensure that you obtain all information relevant to making a decision and that you read the privacy and security policy displayed on any third party website. The Organisation has no control over such third party websites and will not be liable for any loss or damage of any nature that you may suffer, whether directly or indirectly, as a result of your use of third party websites.

CRAWLERS AND SPIDERS

No person, business or Website may use any technology to search and / or gain information from the Website without the Organisation’s prior written permission.

GOVERNING LAW

These Terms and all matters or disputes arising from or incidental to them shall be governed and construed in accordance with the laws of the Republic of South Africa and you hereby submit to the exclusive jurisdiction of the South African courts. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable by a competent court in the Republic of South Africa then that provision shall be severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

CONSUMER PROTECTION

Information required pursuant to section 43(1) of the Electronic Communications and Transactions Act 25 of 2002 is set out in items 1.1 and 1.2 of the Schedule.

E-COMMERCE PROVISIONS

1. General
  1. These online shopping terms and conditions apply to all purchases ordered online on the Website.
  2. You are required to register with us once you have placed your first order online. Please click on Register to complete the registration form. Registration and/or use of our Website constitutes your acceptance and agreement to be bound by these Terms.
2. Registration
  1. To register you will be required to provide certain information including but not limited to your personal details, billing address and delivery address.
  2. When registering, you will be required to choose a User ID and a password. Please keep your password private.
  3. The Organisation accepts no liability for any damages suffered or losses incurred from the use or misuse of your password.
  4. You will be required to enter your user ID and password each time you visit the Organisation's online shopping site.
  5. To amend any registration particulars please click on MY ACCOUNT and edit your details.
  6. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any purchase; and that (ii) the information you supply to us is true, correct and complete.
  7. The service may employ the use of third party services for the purpose of facilitating payment and the completion of purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
3. Product Sales and Availability
  1. All products displayed on the Website are subject to availability and will be delivered only within the Republic of South Africa. All prices shown on the Website is quoted in South African Rands and is valid and effective only in the Republic of South Africa.
  2. The Organisation reserves the right to discontinue or change the specifications of products and services from time to time without notice. The Organisation will inform you as soon as possible if any products or services ordered by you are not available.
  3. The Organisation reserves the right to limit the quantity of any item offered for sale.
4. Pricing Policy
  1. The Organisation is committed to offering our customers the most competitive prices. Therefore, prices shown on the Website are exclusive to the Website and may vary from the prices set in other local stores.
  2. Prices include Value-Added Tax. Special promotions may be subject to certain conditions, including stock availability and limited offer stipulations. Bonus buys will not be available online.
  3. A delivery fee may be charged for each order placed by you and will be shown on the online till slip as a separate item.
5. Forms of Payment
  1. The Organisation accepts debit / credit cards: MasterCard and Visa cards that are 3D secure enabled. The Organisation also accepts instant EFT. EFT secure payments allow you to pay the Organisation directly from your bank account via our internet banking facility.
  2. The Organisation will debit the total value of your online order against the payment card tendered by you during the checkout process. Payment will be affected on acceptance of your order and prior to delivery.
  3. By submitting your order, identity number and payment card details you warrant that you are over the age of 18 (eighteen), are authorised to make payment with the payment card and that there are sufficient funds available to pay for the order.
6. Stock Availability
  1. The Organisation does not guarantee availability of stock.
  2. If the Organisation is unable to supply each and every item ordered or in the quantities ordered, you nevertheless agree to accept delivery and make payment for the items that are correctly delivered. Further information is set out at clause 15.9, Returns and Refunds.
7. Confirmation of Orders
  1. Orders placed online constitute your offer to purchase subject to these Terms. Your offer is deemed to have been accepted by the Organisation when you receive our confirmation of your order. Failure by the Organisation to formally confirm or notify acceptance shall not affect the validity of the sale or the enforceability thereof.
8. Promotions
  1. All offers are valid only while stocks last.
9. Returns and Refunds
  1. Products are only eligible for return if damaged upon delivery (product has been squashed or visibly damaged during transit). Returns for damaged goods need to be logged within 3 (Three) days of receipt of order to the e-mail address set out in item 1.5. Products are not eligible for return unless unopened and in original packaging. The Organisation will be in touch as soon as possible to assist with collection. Following receipt and examination of the returned product, the Organisation will replace the product or reimburse the customer with the purchase price and delivery cost.
  2. If an incorrect product has been delivered, please log your return within 3 (Three) days of receipt, to the e-mail address set out in item 1.5, together with a full description of what you received. The Organisation's customer service agents will be in touch to arrange collection of the incorrect product, whilst the Organisation prepares your correct order. If the correct item is not available, the Organisation may have to collect the incorrect product and refund you. All delivery and return delivery costs will be for the Organisation's account if an incorrect product has been shipped.
  3. The Organisation will refund the payment by electronic funds transfer (EFT) within 7 (Seven) days after receiving the returned product back from you. Alternatively, rather than being reimbursed, you may elect to have your replacement product delivered free of charge.
10. Cancellation
  1. If for any reason you would like to cancel an order you may contact the Organisation on 053 203 0070. While any cancellation of orders will be accepted at the Organisation's sole and absolute discretion and the Organisation provides no warranty that any cancellation of any order will be accepted, any cancellation which we do accept will only be accepted in the event that you notify the Organisation of your intention to cancel prior to dispatch of the order in question.
  2. The Organisation reserves the right to debit your payment card for the delivery fees in respect of any cancellations. If you cancel your payment for any reason or if your payment card should cease to be valid for whatever reason, you will nevertheless be bound to pay to the full purchase price, including all costs incurred by us relating to the recovery thereof. Without prejudice to any other rights or remedies in law, the Organisation reserves the right to cancel forthwith any sale and / or your registration in the event of your breach any of the Terms.

DELIVERY POLICY

1. Location
  1. The Organisation delivers nationally within South Africa. The Organisation only delivers to physical addresses and not P.O. Box addresses.
  2. If you live in an estate, please ensure that the security is informed and will allow our couriers to enter. Please ensure that you are available to sign for your delivery, otherwise choose an alternative address such as your place of work where you will be available.
2. Duration
  1. The Organisation's delivery service typically takes 3 - 5 (Three to Five) business days. Deliveries to outlying areas may take longer, depending on location.
  2. The Organisation delivers to designated addressed from Monday to Friday, between 08:00 and 17:00. No deliveries are made during weekends or public holidays, and orders are not processed over weekend.
  3. The Organisation will communicate with you in the event of any delays in delivering your order.
3. Cost
  1. Deliveries are free for all orders over R1,000.00. Orders of less than R1,000.00 will be charged at a flat fee of R100.00 per order.
4. Process
  1. On delivery of the order to the specified delivery address, you will receive our delivery note showing the items delivered, any non-available items, the delivery fees, Value-Added Tax and the amount debited from your payment card.
  2. For verification purposes, the person accepting delivery at the delivery address may be required to produce a form of identification. Any person other than yourself who receives the products at the delivery address is presumed to be authorised to accept delivery on your behalf. Should no-one be in attendance at the time of delivery, the delivery service will keep the products and leave a notice at the delivery address to this effect. The delivery service will attempt to contact you in order to arrange for an alternate delivery time. the Organisation reserves the right to charge an additional delivery fee should it be required in the circumstances. The Organisation's liability for failing to deliver the products timeously is limited to delivery being affected at a later agreed time at no additional charge.
  3. Please arrange that you or your authorised representative is available to accept your purchases at the delivery address and that appropriate access will be made available. On delivery, we will require you or your authorised representative to sign and print your or their name on a duplicate copy of the delivery note, to confirm receipt.
5. Independent Delivery Personnel
  1. The Organisation has outsourced certain delivery and collection arrangements. Accordingly, the Organisation cannot, to the extent permitted by law, be liable for any damage suffered or loss incurred by reason of any acts or omissions of the deliverer, its directors, employees, sub-contractors, agents, representatives and/or affiliates.