Terms & Conditions
These Terms and
Conditions regulate the business relationship between yourself as the Buyer and
us as the Seller. By using our website in any way, using any of the services
available via our website, participating in any of the activities offered via
our website or by buying from us, you agree to be bound by and to comply with
these Terms and Conditions.
If you are not
yet 18 years old, you must obtain your parents’ or legal guardians’ advance
authorisation, permission and consent to be bound by our Terms & Conditions
prior to you accessing our website, using any of the services on our website or
participating in any of the activities offered. If you are under 18 years old
and fail to obtain such consent you may not access our website, use the
services or participate in the activities available via our website.
Bear Hand Crafts
may, at its sole discretion, change the Terms & Conditions or any part thereof
at any time without prior notice. Such changes will take effect as and when
published. Therefore, it is your responsibility to keep up-to-date with its content
and read these Terms & Conditions at all times prior to using this website.
In this agreement:
means any person or business
contracted by us to carry Goods from us to you.
means any individual who, in
connection with this agreement, is acting for a purpose which is outside his
means any content in any form
published on Our Website by us or any third party with our consent.
means any of the goods we offer
for sale on Our Website, or, if the context requires, goods we sell to you.
means any website of ours, and
includes all web pages controlled by us.
means display, exhibit,
publish, distribute, transmit and/or disclose information, Content and/or
other material on to Our Website, and the phrases "Posted" and
"Posting" shall be interpreted accordingly.
In this agreement unless the
context otherwise requires:
a reference to a person is a
reference to one or more individuals, whether or not formally in partnership,
or to a corporation, government body, or other association or organisation.
these terms and conditions
apply to all supplies of Goods by us to any customer. They prevail over any
terms proposed by you.
any agreement by any party not
to do or omit to do something includes an obligation not to allow some other
person to do or omit to do that same thing.
except where stated otherwise, any obligation of any person arising from this agreement may be
performed by any other person.
in this agreement references to
a party include references to a person to whom those rights and obligations are
transferred or pass as a result of a merger, division, reconstruction or other
re-organisation involving that party.
the headings to the paragraphs
and schedules (if any) to this agreement do not affect the interpretation.
a reference to an act or
regulation includes new law of substantially the same intent as that act or regulation.
in any indemnity, a reference
to costs or expenses shall be construed as including the estimated cost of
management time of the indemnified party
these terms and conditions
apply in any event to you as a buyer or prospective buyer of our Goods and so
far as the context allows, to you as a visitor to Our Website.
this agreement is made only in
the English language. If there is any conflict in meaning between the English
language version of this agreement and any version or translation of this agreement
in any other language, the English language version shall prevail.
Our contract with you
This agreement contains the
entire agreement between the parties and supersedes all previous agreements and
understandings between the parties.
Each party acknowledges that,
in entering into this agreement, he does not rely on any representation,
warranty, information or document or other term not forming part of this
If you use Our Website in any
way and make an order on behalf of another person you warrant that you have
full authority to do so and you accept personal responsibility for every act or
omission by you.
Because we rely on our
suppliers, we do not guarantee that Goods
advertised on Our Website are available. We may change these terms from time to
time. The terms that apply to you are those posted here on Our Website on the
day you order Goods.
All products and services are
subject to availability and may differ slightly depending on availability of
materials. While we make every effort to show and describe our products as
accurately as possible, in rare cases the final product may differ slightly
from the images shown. We sometimes substitute products of a similar
description where, for example, the original item becomes unavailable. Where
this happens we will inform you at the time of ordering. We have tried to describe
all products fairly and dimensions given are approximate only. Packaging may
vary from that shown.
All products and services may
be withdrawn at any time, including after you have placed your order. If your
order cannot be fulfilled we will notify you as soon as possible. We reserve
the right to withdraw any item from sale at any time. In these circumstances
you will be advised.
The price of Goods may be
changed by us at any time without prior notice. We will never change a price so
as to affect the price charged to you at the time when you buy those Goods.
If in future, you buy Goods
from us under any arrangement which does not involve your payment via Our
Website; these terms still apply so far as they can be applied.
We do not sell the Goods in all
countries. We may refuse to deliver the Goods if you live in a country we do
Acceptance of your order
Your order is an offer to buy
from us. Nothing that we do or say will amount to any acceptance of that offer
until we actually dispatch the Goods to you.
At any time before the Goods are
despatched, we may decline to supply the Goods to you without giving any reason.
If we do not have all of the
Goods you order in stock, we will offer you alternatives. If this happens you
accept the alternatives we
cancel all or part of your
Price and Payment
The price payable for the Goods
that you order is clearly set out on Our Website.
It is possible that the price
may have increased from that posted on Our Website. If that happens, we will
not despatch the Goods until you have confirmed that you wish to buy at the new
Prices include value added tax
(“VAT”). If you show by your delivery address that you reside outside South
Africa, we will refund to you the amount charged as VAT.
Goods you order, whether from
Our Website or otherwise must be paid to us in full before your order is
dispatched to you.
Bank charges by the receiving
bank on payments to us will be borne by us. All other charges relating to
payment in a currency other than South African Rand will be borne by you.
For international orders
received from outside of the borders of South Africa, any information given by
us in relation to exchange rates are approximate only and may vary from time to
If, by mistake, we have
under-priced Goods, we will not be liable to supply those Goods to you at the
stated price, provided that we notify you before we dispatch it to you.
The price of the Goods does not
include the delivery charge which will be charged at the rates applicable at
the date you place your order and which will be displayed on checkout of Our
Website before we ask you to pay.
If we owe you money (for this
or any other reason), we will credit your credit or debit card as soon as
reasonably practicable but in any event no later than 15 days from the
date when we accept that repayment is due.
Security of your Credit/Debit
We take care to make Our Website
safe for you to use.
Card payments are not processed
through pages controlled by us. We use one or more online payment service
providers who will encrypt your card or bank account details in a secure
If you have asked us to remember
your credit card details in readiness for your next purchase or subscription,
we will securely store your payment details on our systems. These details will
be fully encrypted and only used to process your automatic monthly payments or
other transactions which you have initiated.
If you buy as a Consumer
This paragraph applies if and only if,
you are a consumer as defined in the Electronic
Communications and Transactions Act 2002.
As required by the law, details of our
after-sales service and guarantees, if any, are given in Our Website terms and
conditions or in catalogues.
You may cancel your order at
any time before the expiry of 7 days from the date you receive the Goods, not
including the day you received it.
The option to cancel your order
is not available:
if you purchase sealed Goods
and they become unsealed after delivery, or cannot be re-sold for some other
if the Goods become mixed
inseparably (according to their nature) with other items after delivery.
You are responsible for the
cost of returning the Goods. We have no obligation to refund to you, your cost
of re-packing and returning the Goods.
If the Goods you return, show
any sign of damage then we shall be entitled to deduct the cost from your
In the event of cancellation of
an order by you in compliance with these terms, we will refund any money due to
you within 30 days.
To assist us in identifying
your Goods on receipt by us, we ask you to provide a telephone number for a
return reference to be placed below our address / returns label.
The above does not affect your
rights in the event that the Goods are faulty.
Delivery and pick up
Goods are delivered within 2 -
5 business days from the day you place an order
to purchase the Goods AND payment is reflecting in our account. This applies
for delivery addresses within the borders of South Africa.
Deliveries will be made by the
Carrier to the address stipulated in your order. You must ensure that someone
is present to accept the delivery.
If we are not able to deliver
your Goods within 2 - 5 business days of the date of your order AND
payment, we shall notify you by e-mail to arrange another date for delivery.
All Goods must be signed for on
delivery by an adult aged 18 years or over. If no one of that age is at the
address when the delivery is attempted the Goods may be retained by the driver.
When your Goods arrive, it is important that you check immediately the
condition and quantity. If your Goods have been damaged in transit, you must
refuse the delivery and immediately contact us so that we may dispatch a
replacement quickly and minimise your inconvenience.
"Not Checked" or similar is not acceptable.
Goods are sent by courier within
South Africa and by SAPO post for international orders outside South Africa. We
will send you a message by email to tell you when we have despatched your order.
If we agree with you to deliver
on a particular day or at a particular time, we will do our best to comply. But
no time given is to be treated as contractual. So we are not liable to you for
any expense or inconvenience you incur on account of delayed delivery or
Some orders may be large and
delivery times may be slightly longer. In this case, approximate delivery dates
will be given when you place your order.
Time for delivery specified on
the order, if any, is an estimate only and time shall not be of the essence.
We are happy for you to pick up
Goods from our premises provided you make an appointment in advance and payment
has been received into our bank. Cash on Delivery/Pick-up will not be accepted.
If you pick up Goods from our
we will not be able to assist
you in loading heavy items;
Goods are at your risk from the
moment they are picked up by you or your Carrier from our premises;
you agree that you are
responsible for everything that happens after you take possession of the Goods,
both on and off our premises, including damage to property of any sort,
belonging to any person.
Foreign taxes and duties
If you are not in the South
Africa, we have no knowledge of, and no responsibility for, the laws in your
You are responsible for
purchasing Goods which you are lawfully able to import and for the payment of
import duties and taxes of any kind levied in your country.
Liability for subsequent
We will repair or replace Goods
which fail to comply with the provisions of the the Consumer Protection Act 2008 or which show a
defect. If you claim that the item is defective, the following conditions
the defect must be reported to
us within 7
days of receiving the Goods;
the defect results only from
faulty design or manufacture;
you have returned the defective
Goods or parts to us if we have so requested.
If we agree that we are liable,
we will refund the cost of return carriage and will repair or replace the Goods
without any additional charge to you.
If we repair or replace the Goods,
you have no additional claim against us either under this agreement or by
statute or common law, in respect of the defect.
These provisions apply in the event
that you return any Goods to us for any reason :
We do not accept returns unless
there was a defect in the Goods at the time of purchase, or we have agreed in
correspondence that you may return them.
Before you return the Goods to
us, please ensure that you have placed them carefully in their original
The Goods must be returned to
us as soon as any defect is discovered but not later than 7 days.
So far as possible, Goods
should be returned:
with both Goods and all
packaging as far as possible in their original condition;
including our delivery slip;
at your risk and cost.
The procedure for return of
Goods is set out on Our Website under the Returns tab.
You must tell us by email
message to email@example.com you that you would like to return
Goods, specifying exactly what Goods and when purchased, and giving full
details of the defect or other reason for return. We will then issue a returns
note. If you send Goods to us without a returns note, we may not be able to
identify sufficient details to enable us to attend to your complaint.
In returning faulty Goods
please enclose with it a note clearly stating the fault and when it arises or
If we agree that the Goods are
faulty, we will:
refund the cost of return
repair or replace the Goods as
The law differs from one
country to another. This paragraph applies so far as the applicable law allows.
All the conditions, warranties
or other terms implied by the law of any country other than South Africa are excluded from this agreement to the extent
permitted by law.
We or our Content suppliers may
make improvements or changes to Our Website, the Content, or to any of the
Goods, at any time and without advance notice.
You are advised that Content
may include technical inaccuracies or typographical errors. This is inevitable
in any large website. We would be grateful if you bring to our immediate
attention, any that you find.
We give no warranty and make no
representation, express or implied, as to:
the quality of the Goods;
any implied warranty or
condition as to merchantability or fitness of the Goods for a particular
the correspondence of the Goods
with any description;
the adequacy or appropriateness
of the Goods for your purpose;
the truth of any Content on Our
non-infringement of any right.
We are not liable in any
circumstances for special, indirect or consequential loss or any damages
whatsoever resulting from loss of use, loss of data or loss of revenues or
profits, whether in an action of contract, negligence or otherwise, arising out
of or in connection with your use of Our Website or the purchase of Goods.
Except in the case of liability
for personal injury or death, our liability under this contract is limited, to
the maximum extent permitted by law, to the value of the Goods you have
Your account with us
You agree that you have
provided, and will continue to provide accurate, up to date, and complete
information about yourself. We need this information to provide you with the
If you use Our Website, you are
responsible for maintaining the confidentiality of your account and password
and for preventing any unauthorised person from using your account.
You agree to accept
responsibility for all activities that occur under your account or password.
You should tell us immediately if you believe some person has accessed your
account without your authority and also log in to your account and change your
Restrictions on what you may
Post to Our Website
You agree that you will not use or
allow anyone else to use Our Website to post content which is or may:
be malicious or defamatory;
consist in commercial audio,
video or music files;
be illegal, obscene, offensive,
threatening or violent;
be sexually explicit or
be likely to deceive any person
or be used to impersonate any person, or to misrepresent your identity, age or
affiliation with any person;
give the impression that it
emanates from us or that you are connected with us or that we have endorsed you
or your business;
solicit passwords or personal
information from anyone;
be used to sell any goods or
services or for any other commercial use;
include anything other than
words (i.e. you will not include any symbols or photographs) except for a
photograph of yourself in your profile in such place as we designate;
link to any of the material
specified above, in this paragraph.
communications or Content to anyone under the age of 18.
Your Post: restricted content
In connection with the restrictions
set out below, we may refuse or edit or remove a post/comment which does not
comply with these terms.
In addition to the restrictions set
out above, a post/comment must not contain:
hyperlinks, other than those
specifically authorised by us;
keywords or words repeated,
which are irrelevant to the content posted.
the name, logo or trademark of
any organisation other than yours.
inaccurate, false, or
How we handle your Content
and precise. It complies fully with current law.
If you post content to any
public area of Our Website it becomes available in the public domain. We have
no control who sees it or what anyone does with it.
Even if access to your text is
behind a user registration it remains effectively in the public domain because
someone has only to register and log in, to access it. You should therefore
avoid posting unnecessary confidential information.
We need the freedom to be able
to publicise our Services and your own use of them. You therefore now
irrevocably grant us the right and licence to edit, copy, publish, distribute,
translate and otherwise use any Content that you place on Our Website, in
public domains and in any medium. You represent and warrant that you are
authorised to grant all such rights.
We will use that licence only
for commercial purposes of the business of Our Website and will stop using it
after a commercially reasonable period of time.
You agree to waive of your
right to be identified as the author and your right to object to derogatory
treatment of your work as provided in the Copyright Act 1978.
Posting content of any sort
does not change your ownership of the copyright in it. We have no claim over it
and we will not protect your rights for you.
You understand that you are
personally responsible for your breach of someone else’s intellectual property
rights, defamation, or any law, which may occur as a result of any Content
having been posted by you.
You accept all risk and
responsibility for determining whether any Content is in the public domain and
Please notify us of any
security breach or unauthorised use of your account.
Removal of offensive Content
For the avoidance of doubt,
this paragraph is addressed to any person who comes on Our Website for any
We are under no obligation to
monitor or record the activity of any customer for any purpose, nor do we
assume any responsibility to monitor or police Internet-related activities.
However, we may do so without notice to you and without giving you a reason.
If you are offended by any
Content, the following procedure applies:
Your claim or complaint must be
submitted to us in the form available on Our Website, or contain the same
information as that requested in our form. It must be sent to us by post or
we shall remove the offending
Content as soon as we are reasonably able;
after we receive notice of a
claim or complaint, we shall investigate so far as we alone decide;
We may re-instate the Content
about which you have complained or not.
In respect of any complaint
made by you or any person on your behalf, whether using our form of complaint
or not, you now irrevocably grant to us a licence to publish the complaint and
all ensuing correspondence and communication, without limit.
You now agree that if any
complaint is made by you frivolously or vexatiously you will repay us the cost
of our investigation including legal fees, if any.
Security of Our Website
If you violate Our Website we shall
take legal action against you.
You now agree that you will not,
and will not allow any other person to:
modify, copy, or cause damage
or unintended effect to any portion of Our Website, or any software used within
link to Our Website in any way
that would cause the appearance or presentation of the site to be different
from what would be seen by a user who accessed the site by typing the URL into
a standard browser;
download any part of Our
Website, without our express written consent;
collect or use any product designs,
listings, descriptions, or prices;
collect or use any information obtained
from or about Our Website or the Content except as intended by this agreement;
aggregate, copy or duplicate in
any manner any of the Content or information available from Our Website, other
than as permitted by this agreement or as is reasonably necessary for your use
of Our Website;
share with a third party any login
credentials to Our Website.
Despite the above terms, we now
grant a licence to you to:
create a hyperlink to Our
Website for the purpose of promoting an interest common to both of us. You can
do this without specific permission. This licence is conditional upon your not
portraying us or any product or service in a false, misleading, derogatory, or
otherwise offensive manner. You may not use any logo or other proprietary
graphic or trademark of ours as part of the link without our express written
you may copy the text of any
page for your personal use in connection with the purpose of Our Website.
You agree to indemnify us against
all costs, claims and expense arising directly or indirectly from:
your failure to comply with the
law of any country;
your breach of this agreement;
any act, neglect or default by
any agent, employee, licensee or customer of yours;
a contractual claim arising
from your use of the Goods;
a breach of the intellectual
property rights of any person.
We will defend the intellectual
property rights in connection with our Goods and Our Website, including
copyright in the Content whether provided by us or by any other content
provider (including copyright in: text, graphics, logos, icons, images, audio
clips, digital downloads, data, and software).
Except as set out below, you
may not copy, modify, publish, transmit, transfer or sell, reproduce, create
derivative works from, distribute, perform, display, or in any way exploit any
of the Content, in whole or in part.
You may not use our name or
logos or trademarks or any other Content on any website of yours or that of any
Subject to the other terms of
this agreement, you may download or copy Content only for your own personal
use, provided that you maintain all copyright and other notices contained in
it. You may not store electronically any significant portion of any Content.
When we communicate with you we
do so by email. You agree that email communications are contractually binding
in the same way as properly signed and dated paper sent by post.
Where we provide goods or services
without specific charge to you, then it (or they) is deemed to be provided free
of charge, and not to be associated with any other Goods for which a charge is
made. Accordingly, there is neither contractual nor other obligation upon us in
respect of those goods or that service.
If any term or provision of
this agreement is at any time held by any jurisdiction to be void, invalid or
unenforceable, then it shall be treated as changed or reduced, only to the
extent minimally necessary to bring it within the laws of that jurisdiction and
to prevent it from being void and it shall be binding in that changed or
reduced form. Subject to that, each provision shall be interpreted as severable
and shall not in any way affect any other of these terms.
Bear Hand Crafts respects your privacy, takes reasonable steps to protect your
personal information as defined in the Promotion of Access to Information Act
2000 and Protection of Personal Information Act 2013. Our compliance with the
The rights and obligations of
the parties set out in this agreement shall pass to any permitted successor in
No failure or delay by any
party to exercise any right, power or remedy will operate as a waiver of it nor
indicate any intention to reduce that or any other right in the future.
Any communication to be served
on either party by the other shall be delivered by hand or sent by first class
post or recorded delivery or by e-mail.
It shall be deemed to have been
delivered by hand: on the day of delivery;
sent by post to the correct address: within 72 hours of posting;
sent by e-mail to the address from which the receiving party has last sent
e-mail: within 24 hours if no notice of non-receipt has been received by the
In the event of a dispute
between the parties to this agreement, then they undertake to attempt to settle
the dispute by engaging in good faith with the other in a process of mediation
before commencing arbitration or litigation.
This agreement does not give
any right to any third party.
Neither party shall be liable
for any failure or delay in performance of this agreement which is caused by
circumstances beyond his reasonable control.
In the event of any conflict
between any term of this agreement and the provisions of the memorandum of
incorporation of a limited company or any comparable document intended to
regulate any other corporate or collective body, then the terms of this
agreement shall prevail.
validity, construction and performance of this agreement shall be governed by
the laws of the Republic of South Africa.