Terms & Conditions

Introduction

This website can be accessed at www.onlinebozza.co.za (the “Website”) and is owned and operated by Online Bozza (Pty) Limited (“Online Bozza”, “Onlinebozza”, “we”, “us” and “our”).

The Website Terms and Conditions (“Terms and Conditions”) reign over the ordering, sale and delivery of Goods, and the use of the Website.

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

The Website enables you to shop online for an extensive range of goods.

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

Onlinebozza 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 make use of this Website if you do not agree to the Terms and Conditions.

Registration and use of the website

Only registered users may order Goods on the Website.

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

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 Goods, failing which you will be denied access.

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

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

By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal understanding. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be obliged to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.

You agree that you will not in any way use any device, software or other instrument to interupt 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 Onlinebozza 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 harmful and 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 Onlinebozza representative.

Conclusion of sales and availability of stock

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

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

Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a processed notice. After delivery or your collection of the Goods, you may return the Goods only in keeping with the Returns Policy.

Any order of a television will be subject to the condition that we obtain from you your valid TV licence number and your account holder ID. If we do not receive your TV licence number and your account holder ID, or your TV licence number cannot be validated, you will not receive your Television until you submit the required information.

Placing Goods in a shopping cart without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods 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 Onlinebozza liable if such Goods 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 accept that stock of all Goods on offer is limited and that pricing may vary at any time without notice to you. In the case of Goods for sale by Onlinebozza, Onlinebozza will take all manageable efforts to monitor stock levels and guarantee that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, Onlinebozza will notify you and you will be entitled to a refund of any amount already paid by you for such Goods. 

Certain Goods may not be purchased for re-sale. Should we suspect that any such Goods are being purchased for sale, we are entitled to cancel your order immediately on notice to you.

Payment

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

Whether the Goods are for sale by Onlinebozza, payment can be made for Goods via -

  • debit card;
  • credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. 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;
  • direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 7 (seven) days of placing your order. Onlinebozza will not accept your order if payment has not been received;
  • Instant EFT;

Once you have selected your payment method (except for direct bank deposit), you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.

Delivery of goods

Onlinebozza offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:

  • courier
  • self-collection

Where it accepts your order, Onlinebozza will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification choose whether or not to cancel your order for the Goods. If you choose to cancel your order, we will reimburse you for the purchase price.

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

Faults

We shall take all manageable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we 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 the Returns Policy. 

Gift Vouchers & Coupons

Onlinebozza may from time to time make physical or electronic gift vouchers (“Gift Vouchers”) and promotional coupons or discounts (“Coupons”) available for use on the Website towards the purchase of Onlinebozza Goods. Gift Vouchers and Coupons can only be redeemed while they are valid and their expiry dates cannot be extended. More specifically:

Daily Discounts and other discounted Goods

From time to time, we may offer certain Goods at discounted prices as part of a Daily Discount. These will be subject to certain conditions (as set out in these Terms and/or the Website), which define the scope of the Discount. If you buy a product within the scope of a Deal, you will pay the discounted price for that product (the “Discount Price”).

However, if you buy a product in a manner that falls outside of the scope of a Deal, then you will pay the then current (non-Deal) selling price on the Website (the “Normal Price”), for each product that falls outside the scope of the Deal.

Changes to these Terms and Conditions

Onlinebozza 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.

Electronic communications

When you visit the Website or send emails to us, you agree to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with our privacy policy as set out in the privacy policy cause.

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 Onlinebozza, its advertisers and/or sponsors and/or is licensed to Onlinebozza.

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.

Where any of the Website Content has been licensed to Onlinebozza, 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.

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.

Whilst Onlinebozza takes reasonable measures to ensure that the content of the Website is accurate and complete, Onlinebozza 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 Onlinebozza’s representatives, Onlinebozza shall not be bound thereby.

Onlinebozza 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.

Although Goods sold from the Website may, under certain circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.

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

In addition to the disclaimers contained elsewhere in these Terms and Conditions, Onlinebozza 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 Onlinebozza, its employees, agents or authorised representatives. Onlinebozza 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.

Linking to third party websites

This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and Onlinebozza is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.

Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.

Limitation of liability

Onlinebozza 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 Onlinebozza, its employees, agents or authorised representatives.

ONLINEBOZZA 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 AND/OR ANY LINKED THIRD PARTY WEBSITE.

YOU HEREBY INDEMNIFY ONLINEBOZZA 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 AND/OR ANY LINKED THIRD PARTY WEBSITE.

Availability and termination

We 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.

Onlinebozza may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Onlinebozza 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 Goods, 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.

Onlinebozza is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by Onlinebozza to be used once-off by you, 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 Onlinebozza, in whole or in part, on notice to you. Onlinebozza shall only be liable to refund monies already paid by you (see Onlinebozza’s Returns Policy 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 Onlinebozza.

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.

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

Notices

Onlinebozza hereby selects 1B, 64 Raebor Road, Benrose, Johannesburg,  as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Onlinebozza may change this address from time to time by updating these Terms and Conditions.

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 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.

Information

Full name: Onlinebozza (Pty) Ltd, a private company registered in South Africa with registration number 2020/443948/07

Main business: Online retailer

Physical address for receipt of legal service (also postal and street address): 1B, 64 Raebor Road, Benrose, Johannesburg, South Africa. 2091.

Phone number: +27 0104472454

Email address: info@onlinebozza.co.za

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