Terms and conditions

The following Terms and Conditions shall apply to all contracts concluded between the customer and Big Time Trading118cc. Any conditions stipulated by the customer or any Third Party which are in conflict with these conditions are expressly excluded. To protect your own interests, please read the conditions carefully before you click the tick box. If you are uncertain as to your rights under them or want any explanation about them, please email us at info@bttrading.co.za

YOU ARE ADVISED TO PRINT AND RETAIN THESE TERMS FOR YOUR RECORDS.

By placing an order and purchasing goods from Big Time Trading 118cc you enter into a legally binding agreement with us on the following conditions. You should read and understand these conditions because they affect your rights and liabilities.

In accordance with the provisions of the National Consumer Protection Act regulations 2008, you have the right to withdraw from this transaction. Details of your right to withdraw can be found in Clause 9 below.

THESE CONDITIONS DESCRIBE THE BASIS FOR PURCHASE BY YOU AND SALE BY US OF THE PRODUCTS DESCRIBED ON THIS WEB SITE.

1. Interpretation

 IN THESE CONDITIONS:

‘Conditions’ means the standard Terms and Conditions of sale set out in this document;

‘Contract’ means the contract for the sale of the Goods;

‘Payment Card’ means the credit or debit card or other payment system chosen by you to be used as the method of payment for the Goods of which you have provided details to us when placing the Order;

‘Delivery Area’ South Africa;

‘Goods’ which you have ordered including any instalment of the goods or any parts for them which are available for purchase from our Web Site in accordance with the Conditions;

‘Information System’ means a system for generating, sending, receiving, storing or otherwise processing electronic communications;

‘Order’ means any order placed by you with us for the supply of Goods;

‘Order Form’ means the electronic order form completed and submitted electronically by you;

‘Regulations’ means the National Consumer Protection Act Regulations 2008;

‘Web Site’ our presence on the world wide web, currently accessible via the address https://www.bttrading.co.za/

Reference to any statute or statutory provisions shall be deemed to include any statutory modifications or re-enactments thereof or any rules or regulations made thereunder or any enactment repealing and replacing the act referred to.

1.2 UNLESS THE CONTEXT OTHERWISE REQUIRES:

1.2.1    Words importing the singular shall include the plural and vice versa;

1.2.2    Words importing the masculine gender shall include the feminine gender and vice versa;

1.2.3 References to persons shall include bodies of persons whether corporate or incorporated.

1.3 Unless the context otherwise requires references to clauses shall be construed as references to clauses of the Conditions.

1.4 Headings are inserted for convenience only and shall not affect the construction or interpretation of these Conditions.

2. Basis of the sale

2.1 We shall sell to you and you shall purchase only those goods which you have set out in an order and which have been accepted by us. We reserve the right to reject any order. Unless otherwise agreed in writing, each such sale of Goods will be subject to these terms and conditions.

2.2 No order submitted by you shall be deemed to be accepted by us unless and until confirmed by e-mail or in writing by us.

2.3 No variation to these Conditions shall be binding upon us unless and until agreed by e-mail or in writing by us.

2.4 Any error or omission in any information or document issued by us shall be subject to correction provided that the correction does not materially affect the contract.

3. Orders

3.1 The quantity and description of the Goods will be those set out in your Order (if accepted by us).

3.2 The delivery of products is solely limited to the delivery area of South Africa.

3.3 Orders are accepted at our sole discretion but are normally accepted if the Goods are available, the order reflects current pricing, you are based in the Delivery Area and your Payment Card is authorised for the transaction.

3.4 You or we are entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the Goods appearing on our website.

3.5 You shall be responsible for ensuring the accuracy of the terms of any Order submitted by you, and for giving us any necessary information relating to the Goods within a sufficient time to enable us to perform the Contract in accordance with its terms.

3.6 The quantity, quality and description of and any specification for the Goods shall be those set out in the relevant pages of this site.

3.7 Details of our Products are available on the Website. Big Time Trading 118cc attempts to describe its Products as accurately as possible.

3.8 Big Time Trading 118cc does not warrant that Product descriptions are accurate, complete, current, or error-free.

3.9 The inclusion of any Products or services on the Website at a particular time does not imply or warrant that these Products or services will be available at any time, and we reserve the right, without prior notice, to limit the order quantity on any Product or service and/or refuse service to any customer.

3.10 Occasionally, the manufacture or distribution of a certain Product or service may be delayed for a number of reasons. Products may need to be manufactured and Big Time Trading 118cc will notify you should there be any waiting period or your products being unavailable. In such an event, we will offer you a refund should the waiting period not meet your time frame requirements or any products not being available to fulfill your order.

3.11 Big Time Trading 118cc will notify you in the event a product that you order is temporarily or permanently unavailable.

3.12 By placing an order, you represent that the Products ordered will be used only in a lawful manner and in accordance with these Terms.

4. Price of the goods

4.1 The price of the Goods shall be the price set out on the relevant page of this site. We reserve the right to change the prices set out on this site provided that if we accept an order from you, the price for the goods will be the price set out in the relevant range at the time the order is placed.

4.2 If the price of the Goods increases between the date we accept your Order and the delivery date, we will let you know and ask you to confirm by e-mail/in writing that the new price is acceptable. If it is not acceptable then you will, of course, have the option of cancelling the order.

4.3 The price of the Goods does not include insured postage or packaging. There will be an additional charge made relative to the size and amount of Goods insured for postage and packaging. This charge will be clearly shown on the Order form.

5. Terms of payment

5.1 Upon providing us with details of the Payment Card and submitting the Order you:

5.1.1 confirm and undertake that the information contained within the Order is true and accurate and that you are duly authorised to use the Payment Card; and

5.1.2 authorise us to deduct from the Payment Card account the full price of the Goods and all other payments which may become due to us under the Contract.

5.2 If it is not possible to obtain full payment for the Goods from your account, your order will not be released. Goods remain property of Big Time Trading 118cc until paid for in full.

5.3 Where Goods are returned by you in accordance with your rights under the provisions of Clause 9, we shall credit the Payment Card with the appropriate amount.

5.4 We will not pass your personal information on to any third party without your permission. Unless solely due to our negligence, we cannot be held liable for any losses you may suffer. If in any event your payment card is used fraudulently, you are entitled to cancel the payment and be reimbursed by the card issuer without being charged for the loss.

6. Delivery

6.1 Delivery of the Goods shall be made by our courier to the address for delivery shown in the Order Form. It is important that this address and contact number is accurate. Please be precise about where you would like the Goods left if you are out when we deliver. Once the Goods have been delivered in accordance with your delivery instructions, you will be responsible for them. Our responsibility for everything other than damage due to our negligence or due to a manufacturing design or design fault will cease upon delivery.

6.2 We will do all that we reasonably can to meet the date given for delivery. We cannot be held responsible for delays beyond our control. If we are unable to make the delivery date, we will contact you. If delivery cannot be made within 30 days of the given delivery date, you will be entitled to either arrange a revised date or cancel the order and receive a full refund. If we are able to make delivery in advance of the given date, we will contact you.

6.3 If the order is a multiple order and we are unable to make delivery of the whole order but are able to deliver part we will contact you, informing you of this, and delivery will be on a mutually agreed date. In this instance, delivery will be said to be made in instalments. Each delivery shall constitute a separate contract and any failure by us to deliver any one or more instalments will not entitle you to treat the contract as a whole as repudiated.

6.4 If we fail for any reason within our control to fully/partially deliver your Goods any reimbursement shall be no more than the price of the Goods, together with any delivery and/or reasonable return costs.

6.5 Either party is entitled to cancel the contract in respect of non-performance of obligations in relation to delivery. If cancelled, we will refund you any monies already paid by you and any reasonable return costs incurred by you.

7. Risk and property

7.1 As soon as we have delivered the Goods or services, you will be responsible for them. If you delay a delivery our responsibility for everything other than damage due to our negligence will end on the date, we agree to deliver them, as set out in the contract.

7.2 Subject to the provisions of clause 9 and notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, the property in the Goods shall not pass to you until we have received cleared funds payment in full of the price of the Goods. Goods supplied to you are not for resale.

8. Warranty and liability

8.1 As a consumer you have statutory rights regarding the return of defective Goods and claims in respect of losses caused by any negligence on our part of our failure to carry out our obligations. The terms and conditions of this contract do not affect your statutory rights.

8.3 IMPORTANT NOTICE: TIME LIMIT FOR NOTIFICATION OF CLAIMS

you are asked to examine the goods as soon as reasonably possible after delivery. Any claim by you based on any defect in the quality or condition of the Goods or their failure to correspond with specification must (whether or not delivery is refused by you) be notified to the company within 24 hours from the date of delivery.

8.4 Where a valid claim in respect of Goods delivered is notified to us within 24 hours of the delivery date, or within a reasonable time if not apparent on reasonable inspection, you are entitled to:
reject the Goods and receive a full refund;
Or have the goods (or the part in question) replaced free of charge.

Any claims made after 24 hours of delivery or exceeding a reasonable time of discovery, we shall be entitled to either;
replace the Goods (or the part in question) free of charge or
At our sole discretion refund to you the price of the goods (or a proportionate part of the price) and we shall have no further liability to you.

8.5 Except in respect of death or personal injury caused by our negligence we will not be liable under this contract for any loss or damage caused by us or our agents in circumstances where:

there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
such loss or damage is not a reasonably foreseeable result of any such breach;
Any increase in loss or damage resulting from breach by you of any term of this contract.

8.6 Subject to our obligations, and your rights under the Regulations, we shall not be liable to you or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of our obligations in relation to the Goods if the delay or failure was due to any cause beyond our reasonable control.

8.7 We assume no responsibility for the contents of any other web sites to which this website has links.

8.8 The content of the pages of this website is for your general information and use only. It is subject to change without notice.

A.    Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to their fullest extent permitted by law.

B.    Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

C.     This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

D.    All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.

E.     Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

F.     From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s), we have no responsibility for the content of the linked servsites).

G.    Your use of this website and any dispute arising out of such use of the website is subject to the laws of South Africa.

9. Right to Cancelling

9.1 You have a cooling off period of 10 days after the date on which you have received the Goods to cancel the Contract and return the Goods at your cost and receive a full refund of the purchase price.

9.2 During the cooling off period, any cancellation must be given by written notice by either party.

9.3 Goods must be returned complete, unused, undamaged with all accessories. The original packing must be returned in reasonable condition, within 10 days.

9.4 The right to cancel this contract will not apply in respect of:
Personalised Goods or Goods made to your specification

9.5 In the event that we supply substituted Goods to you in accordance with the provisions of Clause 2, your right to cancel is as set out as above except that the cost of returning the Goods shall be borne by us.

10. Communications

10.1 Any communication sent electronically by e-mail or otherwise;

10.1.1 will be deemed to have been sent once it enters an Information System outside the control of the originator of the message;

10.1.2 will be deemed to have been received by the intended recipient at the time that in a readable form it enters an Information System which is capable of access by the intended recipient;

10.1.3 will be deemed to have been dispatched in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides.

10.1.4 Will be deemed to have been received in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides.

10.2 To protect your own interests you should ask for a delivery receipt for any such and retain a hard copy of that delivery receipt and the original correspondence.

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