benny.co.za trades with private individuals only.
Place and time of agreement
Agreement to use the Benny (www.benny.co.za) website and those governing all transactions that may be effected using the Benny (www.benny.co.za) website shall be deemed to have taken place in Halfway House, Gauteng.
All communications with Benny (www.benny.co.za) facilitated by the Benny (www.benny.co.za) website, the Benny (www.benny.co.za) call center, or email communicated between you and Benny (www.benny.co.za) shall be deemed to have been received, in the case of communications initiated by Benny (www.benny.co.za), when the communication leaves the Benny (www.benny.co.za) website or email server, and in the case of communications initiated by you, when it is received on the Benny (www.benny.co.za) website or email server. Acceptance by Benny (www.benny.co.za) of an order placed by you shall be deemed to have been made and an agreement entered into, once a product leaves the Benny (www.benny.co.za) premises destined for you. If only part of an order leaves our premises, only that portion of the order is deemed as accepted. Benny can cancel any order at any time.
Due to the popularity of some products, Benny (www.benny.co.za) or its agents may not always have a product ordered by you in stock. Benny (www.benny.co.za) will accept orders for out of stock products to ensure that you will be the first to receive the item once it becomes available. If the products and services ordered by you is not in available or only a portion is available, you may cancel the order, or re-order the quantity that is available, or place a backorder. Once the products or services become available, it will be shipped to you.
When you visit Benny (www.benny.co.za) or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. Benny (www.benny.co.za) will communicate with you by e-mail or by posting notices on the Benny (www.benny.co.za) website. 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. Further, that your acceptance of any terms or conditions applicable to the Benny (www.benny.co.za) website and transactions concluded using the Benny (www.benny.co.za) website, as well as your intent to enter into any transaction with Benny (www.benny.co.za), may be evidenced by any action by you from which this may reasonably be inferred.
Before you may make an offer to purchase any of the products or services provided by Benny (www.benny.co.za) it is necessary that you register as a purchaser. Registration as a purchaser is restricted to individuals who may legally enter into binding and enforceable agreements. No person under the age of 18, or not legally permitted to enter into a binding and enforceable agreement, may register as a purchaser. Any person not permitted to register as a purchaser but who does so, shall be guilty of committing a fraud and Benny (www.benny.co.za) may take whatever legal action it deems necessary to obtain the appropriate relief.
Registration as a purchaser is free and does not obligate you to purchase anything or release information such as credit card numbers or bank account details. In registering as a purchaser you are required to provide Benny (www.benny.co.za) with, complete and accurate information about yourself and you warrant that the information provided is correct.
Upon acceptance of your registration, an email confirmation of your registration as a purchaser will be transmitted to you. Transmission times depend on your ISP but it typically takes less than an hour to receive the email confirmation.
Without a valid email address (your user identification) and password, you will not be able to purchase products or services displayed on the Benny (www.benny.co.za) website. You are solely responsible for ensuring the confidentiality of your password, which authenticates your identity. You acknowledge this responsibility and agree that any communication or transaction that may be made using your password, shall be attributed to you.
If you suspect that the confidentiality of your password has been compromised you should immediately advise Benny (www.benny.co.za) of this fact by email. Benny (www.benny.co.za) shall on receipt of the email suspend your registration pending your further instructions. You shall remain responsible for all transactions effected prior to the suspension of your registration and liable for any payments that may flow from these transactions.
Termination or suspension of registration
If you are in breach of, or Benny (www.benny.co.za) believes that you may breach, any of the terms and conditions governing the use of, or trading using the Benny (www.benny.co.za) website, Benny (www.benny.co.za) may, in it’s absolute discretion, either suspend or terminate your registration as a purchaser.
The transaction history may be accessed by a registered customer on the Benny (www.benny.co.za) website and is provided for information purposes only. This transaction history will show purchase transactions only and will not reflect refunds or other transactions. Benny (www.benny.co.za) shall not retain a transaction history for a period in excess of 1 (one) year.
AMENDMENT TO TERMS AND CONDITIONS
Benny (www.benny.co.za) may amend the terms and conditions governing access to the Benny (www.benny.co.za) website as well as trade using the website. Benny (www.benny.co.za) shall, prior to the amendments of the terms and conditions, give registered purchasers and any third parties to whom this agreement may apply notice of the amendments by email, or by posting the notice of such amendments on the Benny (www.benny.co.za) website. If you do not agree with the amended terms you shall immediately give notice to Benny (www.benny.co.za) of your wish to have your registration terminated. Failure to do so will be deemed to indicate your acceptance of the amended terms and conditions.
INTELLECTUAL PROPERTY STATEMENT
Copyright in any information or trade marks displayed anywhere on the Benny (www.benny.co.za) website are protected by worldwide copyright laws and treaty provisions. The copyright of these materials is held either by Benny (www.benny.co.za), or by the original creator of the materials, or by suppliers and service providers to Benny (www.benny.co.za). None of the materials may be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any form or by any means other than as described by Benny (www.benny.co.za) or with the prior written permission by Benny (www.benny.co.za). All rights not expressly granted herein are reserved. Any unauthorized use of the materials appearing on the www.benny.co.za may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Our payment of choice is via EFT or secure credit/debit card payment via payfast.
Any dispute arising out of or in connection with this agreement including any question regarding its existence, validity or termination, shall be settled by the arbitration council of South Africa. For all disputes regardless of where they arise, the place of the arbitration is deemed to be Halfway House, Gauteng. The arbitration will be governed by this clause governing arbitration and the arbitration laws of South Africa. The dispute will be resolved in accordance with the law of South Africa. The language used during the dispute resolution process will be English. You also agree that benny.co.za or any of its members, directors or employees shall not be required to furnish security in terms of Rule 62 of the Magistrates Court Act or in terms of Rule 47 of the Supreme Court Act 59 of 1959.
For the purposes of any arbitration:
· you choose the email address chosen by you in registering as a purchaser; and
· Benny (www.benny.co.za) chooses admin(at)benny.co.za
By using the Benny (www.benny.co.za) website and accepting the conditions of use of the website and trade conducted using the website you bind yourself to the terms of arbitration provided in this agreement.
ADDITIONAL BENNY CONTACT INFORMATION: As per chapter VII paragraph 43, South African ECA Act 2002:
Trading name: benny, sole proprietor