INTRODUCTION
We are B3genetics PTY (LTD). Registration number: 2013/236527/07. Our Office’s physical address is Portion 12 306 JR Pretoria Farm 170B Strydfontein Gauteng, South Africa.
These Terms and Conditions shall apply to all business concluded by or with B3genetics Pty Ltd, for the sale and/or supply of products. When you place an order to B3genetics Pty Ltd, give any delivery instruction or accept delivery of any products, this shall constitute your unqualified acceptance of these Terms and Conditions. However, nothing in these Terms and Conditions affects your statutory rights
HOW IS A CONTRACT FORMED?
To place an order with B3genetics Pty Ltd, you must be older than 18.
A contract of sale between you and B3genetics Pty Ltd, only comes into effect once you have fully completed all conditions and your payment has been authorised by B3genetics Pty Ltd. (or has been received into B3genetics bank account). Our acceptance of your order will only take place once payment for your order has been received, unless credit terms prevail between customer and B3genetics and the account is not in arrears. This communication will serve as our acceptance of your offer to purchase our product.
PRICE AND PAYMENT
The amount to be paid will be given via a quotation/proposal/agreement between parties, together with the charges you must pay including VAT and delivery fee, if applicable. Unless otherwise stipulated, all charges are in the currency” ZAR” then in force in South Africa. You shall pay for the product by one of the following payment methods, subject to B3genetics Pty Ltd’ discretion. B3genetics Pty Ltd, will always do our utmost best to ensure that the price given to you is accurate. If the price for the order changes before we accept your order, we will contact you and ask you to confirm whether you wish to proceed at the amended price.
Payment via card facilities
B3genetics Pty Ltd has card facilities on site and per delivery. Therefore, payments can be made prior to offloading with our drivers or on site at the designated address.
Payment via Instant EFT or EFT
B3genetics Pty Ltd accepts Instant EFT as a payment option and is available to ABSA, FNB, Nedbank and Standard Bank, Capitec. These payments are processed by your bank and provide a secure transfer for payment. You will need to send proof of payment and these funds will reflect immediately in our bank, there is no waiting period. However, if the standard EFT method of payment is done from any other bank besides FNB the waiting period will apply, funds to reflect in our account prior to shipment.
Payments on Cash Basis.
B3genetics Pty Ltd accepts cash payments which can be done on site or on delivery.
CANCELLATION OF YOUR ORDER
B3genetics Pty Ltd reserves the right to refuse processing of payment for any order and/or to cancel any purchase, partially or completely, with notice given to you. any order, and/or to cancel any sale concluded between you and B3genetics Pty Ltd in whole or in part.
DELIVERY
Delivery will take place as per agreement between the parties once payment has been cleared or if a credit facility is applicable then on the day as required by the customer. Delivery of manufactured products will take place after confirmation of completion and within the lead time as given in the quotation. Delivery to outlying areas 150km outside Gauteng will receive delivery within 2-3 days after final despatch from our premises in Gauteng. These delivery terms apply to deliveries within the borders of South Africa. All other countries will be subject to agreement between the parties and quoted separately.
WARRANTIES
Unless otherwise stated, manufactured products shall by default be covered by a standard 12 (twelve) month warranty against manufacturing defects. Some brands and manufacturers may offer longer warranties, and, in such cases, the manufacturer’s warranty shall apply. The following items shall be specifically excluded from the 12-month warranty, which include Fresh produce, Red Meat products, formulated feeds and feed concentrates.
Warranties shall be valid only where the product was used and maintained properly and shall not cover any defects, damages or claims arising from any misuse or abuse, external causes or what can be considered fair wear and tear. Warranties are covered by the manufacturer and shall therefore individual products may be subject to the terms, conditions and exclusions imposed by respective manufacturers. Otherwise stated, no product shall be covered against any corrosion or damages caused by natural elements (i.e. rust, wind etc.). Warranty claims shall not be processed where products are in an unhygienic state. This warranty shall also not cover any consequential damages, losses or claims of any kind.
Transport charges for products returned for refund or exchange shall be for the account of the customer. Return transport charges may in some cases be higher than the original delivery fees billed, especially where the customer is located in outlying areas and smaller towns, or where an original delivery fee has been discounted or subsidised in any way. Only in cases of warranty claims shall transport charges be borne by B3genetics Pty Ltd, and this shall only apply for the first 12 (twelve) months of the warranty. Products returned for exchange or warranty purposes must be returned to the address that it was originally shipped from.
AMENDMENTS TO THESE TERMS AND CONDITIONS
B3genetics Pty Ltd 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.
DISCLAIMERS
B3genetics Pty Ltd undertakes to ensure compliance with:
- a) Provisions in the Consumer Protection Act 68 of 2008 in relation to any products sold by B3genetics Pty Ltd to you.
- b) Sections 43(5) and 43(6) of the Electronic Communications and Transactions Act in relation to B3genetics Pty Ltd payment systems being sufficiently secure;
Neither B3genetics Pty Ltd nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from misunderstanding /inability to use services or content provided.
Although products sold via the Site may be under warranty, the Site itself is supplied on an “as is” basis and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself prior to accepting these Terms and Conditions that the service available from and through this Site will meet your individual requirements.
Any views or statements made or expressed on the Site are not necessarily the views of B3genetics Pty Ltd, its directors and employees.
In addition to the disclaimers contained elsewhere in these Terms and Conditions, B3genetics Pty Ltd 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.
B3GENETICS Pty ltd 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 B3GENETICS PTY LTD 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.
GENERAL
This Site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and, you and B3genetics Pty Ltd, submit to the jurisdiction of the South African courts. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party. Any failure on the part of you or B3genetics Pty Ltd, to enforce any right in terms hereof shall not constitute a waiver of that right. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.