Terms & Conditions

1. Introduction

Welcome to BETTER BUY. These are the terms and conditions governing your access to and use of the website BETTER BUY and its related sub-domains, sites, services and tools (the "Site"). By accepting these terms and conditions (including the linked information herein), and by using the Site, you represent that you agree to comply with these terms and conditions with BETTER BUY ("we", "us" or "BETTER BUY") in relation to your use of the Site (the "User Agreement"). This User Agreement is effective upon acceptance. If you do not agree to be bound by this User Agreement please do not access, register with or use this Site.

Before you may become or continue as a member of the Site, you must read, agree with and accept this User Agreement and BETTER BUY's Privacy Policy (the "Privacy Policy"). You should read this User Agreement and the Privacy Policy and access and read all further linked information referred to in this User Agreement, as such information contains further terms and conditions that apply to you as a user of BETTER BUY. Such linked information including but not limited to the Privacy Policy is hereby incorporated by reference into this User Agreement.

2. Eligibility for Membership

BETTER BUY wishes to ensure that its members are able to form legally binding contracts and further that minors do not purchase unsuitable content. Therefore membership of the Site is not available to persons under the age of 18 years. You represent that you are 18 years of age or over the age of 18 years before you become a member of the Site. Without prejudice to any other rights and remedies of BETTER BUY under this User Agreement or at law, BETTER BUY reserves the right to limit or withdraw access to the Site or the membership of any person if BETTER BUY believes that person is under the age of 18 years. The Site is not available to persons whose membership has been suspended or withdrawn by BETTER BUY. Further, if you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement and that you and the business entity will comply with all applicable laws relating to online trading. No person or business entity may register as a member of the Site more than once.

3. Your Account and Registration Obligations

When you register as a member of the Site you have been or will be required to provide certain information and register a username and password for use on this Site.

On becoming a member of the Site, you agree:

·         You are responsible for maintaining the confidentiality of, and restricting access to and use of, your account and password, and accept responsibility for all activities that occur under your account and password. You agree to immediately notify BETTER BUY of any unauthorised use of your password or account or any other breach of security. In no event will BETTER BUY be liable for any direct, indirect or consequential loss or loss of profits, goodwill or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person's account at any time, without the express permission of the account holder. You agree to reimburse BETTER BUY for any improper, unauthorised or illegal use of your account by you or by any person obtaining access to the Site, services or otherwise by using your designated username and password, whether or not you authorised such access.

·         You will provide true, accurate, current and complete information about yourself as prompted by BETTER BUY's registration form (the "Registration Data").

BETTER BUY may (in its sole discretion and at any time), make any inquiries it considers necessary (whether directly or through a third party), and request that you provide it with further information or documentation, including without limitation to verify your identity and/or proof of residents.

4. Electronic Communications

You agree that we may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. BETTER BUY requires your agreement during the registration process to send you promotional emails to let you know about any new changes, features or promotional activities added to the Site. If, at any time, you decide that you do not wish to receive promotional emails, you can opt out of receiving such promotional emails by clicking on the link at the bottom of any promotional email.

5. Amendments to this User Agreement

You acknowledge and agree that BETTER BUY shall endeavour to give you notice for any amendment to this User Agreement that materially increases your obligations or decreases your rights under the User Agreement ("Substantial Amendment") in accordance with the terms of this User Agreement. You acknowledge and agree that BETTER BUY at its sole discretion and without liability may make amendments that are not Substantial Amendments without your further specific agreement at any time with immediate effect by posting a notice of the amendment on the Site.

6. Fees and Services

The Site is an online platform allowing for the sale and purchase of items between sellers and buyers.

Membership on the Site is free. BETTER BUY does not charge any fee for browsing the Site. BETTER BUY charges transaction fees when an item is successfully sold on the Site, listing fees for adverts and special listing fees to sellers who use the special listing feature for listing their items.

7. BETTER BUY Payments

The BETTER BUY Payments system means that payment for items on the Site may be made online or partly online through the BETTER BUY payment facilities which BETTER BUY makes available on the Site.

By providing these payment facilities, BETTER BUY is merely facilitating the making of online payments by buyers possible but BETTER BUY is not involved in the process of buying and selling items on the Site. All sales and purchases on the Site continue to be bipartite contracts between the buyer and the seller of an item(s) and BETTER BUY is not responsible for any non-performance, breach or any other claim relating to or arising out of any contract entered into between any buyers and sellers, nor does BETTER BUY have any fiduciary duty to any user.

8. Pricing Policy

All prices are inclusive of VAT (where applicable) at the rate appropriate to the country of receipt, and are correct at the time of entering the information on to the system. Prices may change and offers may be withdrawn at any time.

Although we try to ensure all our prices displayed on our website are accurate, errors may sometimes occur. If we discover an error in the price of an item you have ordered we will contact you as soon as possible. You will have the option to reconfirm your order at the correct price or cancel it. If we are unable to contact you, we will treat your order in respect of the incorrectly priced item as cancelled.


 

9. Delivery

All goods will be delivered by a carrier and will require a signature on delivery. If you are out when the carrier attempts to deliver your parcel, they will leave a card with a contact number for you to arrange a new delivery date. Proof of identification will be required on delivery. Deliveries are made Monday to Saturday.

We will make every effort to facilitate the delivery of goods within the estimated timescales. However delays are occasionally inevitable due to unforeseen factors or events outside our control, for example extreme weather, a flood or fire. BETTER BUY shall be under no liability for any delay or failure to deliver the products within estimated timescales as we are merely facilitating the process.

Risk of loss and damage of products passes to you on the date when the products are delivered to you. We will notify you of the delivery cost during the checkout period.

We are not able to facilitate delivery for orders outside South African. International delivery will be coming soon.


 

10. Order Cancellation

If, for any reason, you wish to cancel any order you have placed before it has been delivered or been made available for collection you can cancel the order yourself in the My Account section of the website or contact Better Buy Customer Service team. As it is our policy to try to process orders immediately it may not always be possible to stop an order from being dispatched. After dispatch our Returns Policy will apply. Please note that your right to return goods does not apply to certain products.

We are unable to accept order cancellations for personalised, perishable or time critical goods. Please see the following list for some non-exhaustive examples:

1.     Goods which have been altered, or personalised to a customer's specification;

2.     Newspapers and magazines;

3.     Event tickets;

4.     Hampers, food, beverages and perishable goods (including flowers); and

5.     E-vouchers.

 

11. Return Policy

Please note that not all products are returnable and not all shops will accept returns. Each product will be labelled if our return policy applies or not.

To claim refund or exchange any item you are not completely happy with, contact us though our customer service email or our available phone lines elaborating the product name, receipt number, and reason of return within 48hours of the item being delivered to your nominated address or collected. BETTER BUY will forward the request to the shop the product was purchased. If a return agreement is reached please return items in their original condition, unused, in their original packaging, with garment tags and any other security devices still attached within 14 days. Please do re-use the delivery packaging provided.

This does not apply to faulty or incorrectly supplied goods where your statutory rights are unaffected.

Where lingerie, swimwear, cosmetics and earrings are protected by hygiene seals, you are required to take reasonable care by not removing the hygiene seals. Refunds will not be provided in such circumstances unless the goods are faulty.

Where promotional discounts are applied to orders, the discount will be applied to each item in the basket. In the event of a return, you will not be refunded the discounted proportion. Additionally any complimentary promotional gift given with an order must also be returned if you are returning those goods to which the gift related.

BETTER BUY, its officers, employees, agents, affiliates shall not be liable if the store from which you purchased a product fails to return any goods as we are only facilitating the process.


 

12. Your Information

You grant BETTER BUY a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to use any information or material, personal or otherwise, that you provide to us or other users of the Site and/or post on the Site in the registration, bidding, buying, listing or selling process, in the feedback area or through any e-mail or by way of any other feature or use of the Site (the "Information") for the purposes of operating and promoting the Site in accordance with this User Agreement and the Privacy Policy. You are solely responsible for the Information, and we act as a passive conduit for your online distribution and publication of the Information.


 


 

13. Use of the Site

While using the Site, you will not:

·         post Information or content or list items in an inappropriate category or areas on our Site;

·         post items you do not have a right to link to or include;

·         post items that are concurrently listed for sale on a website other than the Site;

·         post Information that is (in our sole discretion) false, fraudulent, inaccurate, misleading, libellous, defamatory, slanderous, unlawfully threatening or would be reasonably considered to constitute harassment;

·         post comments, questions or answers that are not factual in nature including without limitation make any racist comments, use profanity, abuse another user, disrespect another's culture or make any other derogatory or inappropriate comments;

·         post counterfeit or stolen items;

·         post Information or items which infringe any third party's intellectual property rights, other proprietary rights or right to privacy;

·         post obscene Information or content, including but not limited to pornography or any representation which may (in our sole discretion) be considered indecent;

·         post Information or content which may (in our sole discretion) constitute offensive or critical political content or content that is contrary to the public interest;

·         post any Information or content or list items which may (in our sole discretion) be considered culturally or religiously offensive in any way;

·         post any Information or content or list items which (in our sole discretion) may not be considered to be in compliance with general South African law, rules, morals, values, ethics and traditions;

·         post Information or content or list items which may (in our sole discretion) threaten national security;

·         post Information or content or list items which may (in our sole discretion) constitute or be considered to promote gambling;

·         use "keyword spamming" in listing items for sale (when you place brand names or other inappropriate keywords in a title or description for the purpose of gaining attention or diverting members to a listing);

·         fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description or related matters after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;

·         fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;

·         attempt to conclude transactions relating to an auction or offer for sale on the Site (including by cancelling an auction or offer of sale) outside of the Site;

·         use contacts made by buying or selling on the Site to solicit (including by email or otherwise) sales on other items directly and/or from another website;

·         claim an item was not sold when in BETTER BUY's sole discretion the item was sold in accordance with this User Agreement and the Site's policies;

·         manipulate or attempt to manipulate the Site in any way including the prices of any item or services on the Site (either alone or in conjunction with other users);

·         circumvent or manipulate our fee structure, the billing process, or fees owed to BETTER BUY;

·         take any action that may undermine the Site's feedback and ratings systems (including but not limited to the display, import or export of feedback information off the Site or use of such information for purposes unrelated to BETTER BUY);

·         transfer your Site account (including feedback) and username to another party without our consent;

·         distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;

·         distribute viruses, Troj