Terms and Conditions

BPM Powertools ONLINE TERMS AND CONDITIONS

1. Introduction  

These Online Terms and Conditions are a contract between you and  BPM Distributors  ( P ty)  Ltd  with registration number  2020/155025/07  (" BPM Powertools "). Our registered address is  27 7th Ave, Maitland, Cape Town, 7405 .  

These Online Terms and Conditions apply when you use the  BPM Powertools  website, when you buy any products through the  BPM Powertools  website, and when you make use of any of the products or  BPM Powertools's  services. Please read these Online Terms and Conditions carefully before you start to use the  BPM Powertools  website. By using the  BPM Powertools  website ,  you confirm that you accept these Online Terms and Conditions. If you do not agree to these Online Terms and Conditions ,  you must not use the  BPM Powertools  website. You should keep a copy of these Online Terms and Conditions for future reference.  

2. Your Rights Under the Consumer Protection Act  

Nothing in these Online Terms and Conditions limits your rights under the  Consumer Protection Act 68 of 2008  ("the CPA"), including your rights to safe,  good quality  goods, the implied warranty of quality, and the cooling-off period for direct marketing purchases. Where any provision in these  terms  conflicts with the CPA, the CPA will prevail.   

3. Changes to the Website, Products and Prices  

We aim to update the  BPM Powertools  website regularly, and the content on the  BPM Powertools  website and the products and services offered may change, in  BPM Powertools's  sole discretion, from time to time.  

Prices for confirmed orders are binding.   BPM Powertools  reserves the right to change prices or quantities of goods sold through the  BPM Powertools  website for  future orders only , and to correct any inadvertent pricing errors. If we discover a pricing error on an order you have placed, we will contact you to confirm whether you wish to  proceed  at the corrected price or cancel your order for a full refund.   

BPM Powertools  may also interrupt the operation of the  BPM Powertools  website, or any part of the website, to perform routine or non-routine maintenance, to correct any errors, or to make other changes.  

4. Our Legal Obligations and Limits on Our Liability  

BPM Powertools  does not  represent  that the  BPM Powertools  website or any content, service or feature of the website will be  error-free , or that it will meet any  particular criteria  of accuracy, completeness or reliability of information,  performance  or quality.  BPM Powertools  does not give any warranty, express or implied, in relation to the operation of the  BPM Powertools  website.  

Nothing in this clause limits your rights under the Consumer Protection Act 68 of 2008, including your rights to safe,  good quality  goods and the implied warranty of quality, which cannot  be excluded  by contract.   

We are not responsible for losses and damages that you might suffer which are:  

  • Not caused by our breach of these Online Terms and  Conditions.  

  • A side effect of the main loss or damage and which is not  reasonably foreseeable  by you and us when you begin to use the  BPM Powertools  website (for example loss of profits or loss of opportunity );  

  • A result of the  BPM Powertools  website being unavailable due to circumstances beyond our reasonable control (including scheduled maintenance );    

  • A result of your  username  and password  being used  by someone else or any unauthorised access to your personal information,  unless this is due to our negligence or failure to  maintain  adequate  security;    

  • Caused by a distributed denial-of-service attack, virus or other technologically harmful material that may affect your computer equipment, programs, data or other material due to your use of the  BPM Powertools  website (including your downloading any content from the  BPM Powertools  website or any website linked to it).  

You  are encouraged  to report any performance failures or errors to  info@bpmpowertools.co.za . These Online Terms and Conditions do not affect your statutory rights, including your rights under any applicable consumer laws,  that  cannot  be altered  by contract.  

5. Content on the  BPM Powertools  Website  

All content on the  BPM Powertools  website, such as information, text, pictures, photographs, graphics, interfaces, and the design, structure and arrangement of the content, belongs to  BPM Powertools  and/or a third party or is licensed to  BPM Powertools  and/or a third party and is protected by law. You may not copy, reproduce, upload or post any of the content on the  BPM Powertools  website without  BPM Powertools's  prior written permission.  

6. Links to and from Other  Third-Party  Websites  

You may link to our home page  provided that  you do so  fairly and legally  and not in a way that may damage or take advantage of our reputation or that suggests any form of association,  approval  or endorsement on our part. You may not frame the  BPM Powertools   website  nor may you create a link to any part of the  BPM Powertools  website other than from the home page unless we give you written permission (which we may withdraw at any time).  

The  BPM Powertools  website may include links to websites  operated  by third parties.  BPM Powertools  is not responsible for the content of those  sites and  accepts no responsibility for them or any loss or damage that may arise from your use of them. The links to  third-party  websites from the  BPM Powertools  website do not imply any responsibility for, or endorsement of, the content, opinions, representations,  products  or services provided on those sites. You  are responsible for   complying  with  the terms of use of any linked  third-party  websites.  

7. Termination  

If you do not  comply with  these Online Terms and Conditions when accessing or otherwise using the  BPM Powertools  website,  BPM Powertools  has the right to suspend your access to the website temporarily or permanently without notice to you.  BPM Powertools  may also stop  operating  the website entirely.  

8. Sales in South Africa and Namibia Only  

We  can currently deliver products available on the  BPM Powertools  website only  to users with a valid delivery address in South Africa or Namibia. If users place an order on the  BPM Powertools  website without a valid delivery address in South Africa or Namibia, we will be unable to complete delivery . We will  refund you for the full amount of your order. Products sold through the  BPM Powertools  website  are  intended  for use only in South Africa or Namibia. For consumers in Namibia, Namibian consumer protection laws may also apply.   

9. End-Users Only  

BPM Powertools  only sells products to end-user customers. You may not  purchase  products from  BPM Powertools  for resale.  BPM Powertools  has the right to refuse or cancel your order if we  reasonably suspect  that you are  purchasing  the products for resale purposes.  

10. Age  

By using the  BPM Powertools  website, you are representing that you are above the age of 18 years or, if you are below the age of 18 years, that you have the permission of your parent or guardian to use the  BPM Powertools  website and to buy products through the website.  

11. Billing and Personal Information  

In order to  buy goods and services through the  BPM Powertools  website, you will need to register an online customer account with  BPM Powertools . For this purpose ,  you will need to provide  BPM Powertools  with certain personal information and billing information that will enable  BPM Powertools  to charge you for your purchases (such as your credit or debit card details). You must provide  accurate  and complete registration information when you register your online customer account. You must ensure that your registration information  is kept   up-to-date . This information will  be used  and  retained   in accordance with   BPM Powertools's  Privacy Policy, which forms part of these Online Terms and Conditions.  

By using the  BPM Powertools  website, you accept that transactions that  are performed  over the Internet may be vulnerable to  being intercepted .  BPM Powertools  will not be liable for any interception that occurs and any loss that  is suffered  as a result,  where  BPM Powertools  has taken reasonable steps to prevent this happening.   

When you set up your online customer account ,  you will choose a  user name  and password. You will have to use these details to  log in  to your account. You  are responsible for  keeping  these details confidential. You must notify BPM Powertools  immediately  if there is any unauthorised use of or access to your online customer account.  BPM Powertools  will not be responsible for any unauthorised use of your  user name  and password or for any losses that you suffer as a result, and you will be responsible for any purchases made using your online customer account , where you have failed to keep your  user name  and password secure and confidential. This clause does not apply where the unauthorised use results from our negligence or failure to  maintain  adequate security.   

You may  be held  responsible for any losses suffered by  BPM Powertools  or any other user of the  BPM Powertools  website  as a result of  your failure to keep your username and password secure and confidential.  

12. Order Process  

When you place an order for a product on the  BPM Powertools  website, your order will be subject to product availability. If, after you place your order, there is insufficient stock to fulfil your order,  BPM Powertools  has the right to cancel your order or any part of your order and refund the purchase price, or, in our sole discretion, to offer you a substitute product if you have indicated, during the ordering process, that you are willing to receive such a substitute product. In the event of a refund,  BPM Powertools  will refund the purchase price based on the original payment method (i.e. to your credit or debit card) or issue store credit, based on your choice, and will notify you, as soon as possible, that there is insufficient stock to fulfil your order. If we are unable to supply  every  item ordered or in the quantities ordered, you nevertheless agree to accept delivery and make payment for the items that  are delivered  to you.  

Before the transaction  is completed , you will have the opportunity to review,  correct  and/or withdraw your order that is to  be placed  through the  BPM Powertools  website. If you discover that you have made a mistake with your order after you have  submitted  it to the  BPM Powertools  website, please contact  info@bpmpowertools.co.za   immediately . However, we  cannot guarantee that we will be able to amend your order  in accordance with  your  instructions .  

Once your order has  been placed  online, you will receive an email confirmation of your order from  BPM Powertools . This email confirmation is only an acknowledgement that  BPM Powertools  has received your order and does not constitute acceptance of your order.  

BPM Powertools  reserves the right to cancel or refuse any order before acceptance, including where there is an obvious or inadvertent pricing error, incorrect product information, insufficient stock, suspected fraud, or any other reasonable cause. Your order will only  be  deemed  accepted once pricing, stock availability and payment have  been verified  and the order has  been dispatched , invoiced, or otherwise expressly accepted by  BPM Powertools  in writing.  

If we cancel your order after payment has  been taken , we will refund the full amount within  5  business  days  

In-store pricing errors:   BPM Powertools  takes reasonable steps to ensure that all in-store shelf labels, price stickers, promotional  signs  and displayed prices are  accurate . If an in-store displayed price  contains  an inadvertent and obvious error,  BPM Powertools  is not bound by the incorrect price once the error has  been corrected  and reasonable steps have  been taken  to inform affected customers of the error and the correct price. Where more than one price  is displayed , and the error is not obvious,  BPM Powertools  will deal with the matter  in accordance with  applicable consumer-pricing laws.  

13. Cooling-Off Period (Direct Marketing Only)  

If you  purchase  goods  as a result of   direct marketing  (for example, a telephone call, email, or door-to-door sales), you may cancel the agreement within  5  business days  of delivery, without reason or penalty. You will receive a full refund within  15  business days  of cancellation.   

14.  BPM Powertools's  Delivery Policy  

BPM Powertools's  Delivery Policy can  be accessed  at  www.BPM Powertools.co.za  and  is incorporated  by reference into these Online Terms and Conditions. If there is any conflict between these Online Terms and Conditions and the  BPM Powertools  Delivery Policy, these Online Terms and Conditions will apply in respect of all products sold through the  BPM Powertools  website.  

15.  BPM Powertools  Returns Policy  

BPM Powertools's  Returns Policy can  be accessed  at  www.BPM Powertools.co.za  and  is incorporated  by reference into these Online Terms and Conditions. If there is any conflict between these Online Terms and Conditions and the  BPM Powertools  Returns Policy, these Online Terms and Conditions will apply in respect of all products sold through the  BPM Powertools  website.  

16. Promotional Coupons  

From time to time,  BPM Powertools  may release, at its sole discretion, promotional coupons that may  be redeemed  through purchases on the  BPM Powertools  website, which will  be sent  to you by email. Promotional coupons are only valid for a specified period, as  stated  on the promotional coupon, can only  be redeemed  against certain priced products on the  BPM Powertools  website, and cannot  be used  in conjunction with any other promotional coupons. To redeem promotional coupons in your account or to check an existing credit, please visit "My Account" on the  BPM Powertools  website.  

To the extent that you place an order for a product less than the value of the promotional coupon, no refund or residual credit will  be returned  to you. You also agree and accept that the credit of a promotional coupon does not  accrue  interest and does not have a cash value. If the credit of a promotional coupon is insufficient for a  particular order that you have placed, you will  be required  to pay the remaining amount by credit card or debit card.  

BPM Powertools  will not be liable for any loss,  theft  or illegibility of any promotional coupon, or for any errors in the email address of the voucher recipient.  In the event of  fraud, an attempt at deception, or  in the event of  the suspicion of other illegal activities in connection with a promotional coupon purchase,  BPM Powertools  will  be entitled  to close your account and/or require a different means of payment.  

17. General  

We may  make changes to  these Online Terms and Conditions from time to  time, and  will give existing customers  at least 14 days' notice  of material changes by email .    By continuing to use the  BPM Powertools  website after such notice, you accept the revised version of the Online Terms and Conditions. We recommend that you check this page for updates from time to time.  

These Online Terms and Conditions  are governed  by the laws of South Africa, regardless of conflict of laws principles.  

If any part of these Online Terms and Conditions  is disallowed  or found to be ineffective by any court or regulator, the other provisions shall continue to apply.  

18. Record of Your Transaction  

If you need to obtain a sales record of your transaction to buy products through the  BPM Powertools  website, you can contact  BPM Powertools  within 30 days of the transaction. Alternatively, a full record of every sale and related transaction between you and  BPM Powertools  will  be  maintained  on the  BPM Powertools  website for a period of 12 months following the date of the purchase. You will be able to view and print these records of your transaction during this period, after which time you will  be responsible for   retaining  your own record of the relevant transaction.  

19. Complaints and Notices  

We place  great value  on customer satisfaction. Questions,  complaints  or comments should  be sent  by email to  info@bpmpowertools.co.za . We will  attempt  to address your concerns as soon as reasonably possible and will contact you  upon  receipt of any relevant inquiry or complaint.  In the event of  a complaint, it will help us if you can describe the object of your complaint as accurately as possible and, where applicable, send us copies of your order or the order number that we assign you. Should you not have received any  response  from us within  5  business days , please make further inquiries. In rare cases, your emails may have  been caught  up in our spam filters or not reached us, or correspondence that we send to you may otherwise not have reached you.  

Any legal notices that you give  BPM Powertools  under this contract must  be sent  by registered post to  27 7th Ave, Maitland, Cape Town, 7405  with a copy to  info@bpmpowertools.co.za . Where  BPM Powertools  needs to give you any notice as provided for in this contract or provide additional information about the products and services supplied to you,  BPM Powertools  will do so by sending you an email or posting a notice on the  BPM Powertools  website.