ACCEPTANCE OF CONDITIONS OF SALE
Paul Bothner (Pty) Ltd. permits the use of this Website subject to the Conditions of Sale ("Conditions of Sale"). By using this Website in any way, you shall be deemed to have accepted all the Conditions of Sale unconditionally. Please do not use this Website if you do not agree with the Conditions of Sale.
TERMS AND CONDITIONS OF SALE
Sale of Goods
These Terms and Conditions of Sale govern the sale of products ("Goods") by Paul Bothner (Pty) Ltd. (“The Company”) to you via the Website. The Terms and Conditions of Sale are in addition to the terms and conditions of use of the Website, which can be viewed on this website.
Once you tick the box labelled “I accept”, these Terms and Conditions of Sale form a legally-binding agreement between you and the Company. You may contact us via email at firstname.lastname@example.org to obtain a full record of your transaction. In any event we will confirm all your purchase orders via email communication.
The offering on this website is available in the Republic of South Africa only.
Payment can be made via the Website by:
Visa or MasterCard credit cards:
Credit card acquiring and security
Credit card transactions will be acquired for Paul Bothner (Pty) Ltd. via PayGate (Pty) Ltd who are the approved payment gateway for Standard Bank of South Africa. PayGate uses the strictest form of encryption (Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
Merchant Outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR).
Note that although the Paul Bothner (Pty) Ltd “e-tailing” sight (https://bothnermusic.co.za/) site takes no payment (all done via PayGate); we thought it prudent to still obtain SSL security clearance; as reflected on our said webpage.
Direct bank deposit or electronic funds transfer:
Payment must be made within 5 days of placing the order. Paul Bothner (Pty) Ltd will not process the order until receiving confirmation that the payment has been made, and has cleared.
Cheque deposits will only be accepted by prior arrangement with The Company. Your order will only be processed once the deposit has cleared. Please note that this could take between 8-10 working days.
Once you have accepted these Terms and Conditions of Sale, you will be directed to a secure site (“PayGate”) for payment of the applicable purchase price for the goods.
CANCELLATION AND REFUND
You are entitled to cancel your order for the Goods, without penalty, within 7 days of the Goods having been delivered to you. In such an event:
You will receive a full refund of the goods’ purchase price (excluding delivery charges) within 7 days of the date of the goods being returned/received to/by our offices.
Note that the cost (and risk) of returning goods to Paul Bothner (Pty) Ltd are for the customer’s account and will be deducted from the refunded amount.
Goods returned as faulty though, will be for the account of Paul Bothner (Pty) Ltd. However, should it be found upon inspection that the goods are not faulty; or were damaged due to any other cause than “usual use” – the refund and values will be at Paul Bothner (Pty) Ltd’s discretion.
You undertake not to utilize the Goods; and
Your agreement of purchase will be deemed to have been cancelled, provided that your right to cancel your order for Goods without penalty set out in this clause, shall not apply where the Goods that have been ordered are deemed as intellectual property, including but not limited to: newspapers, periodicals, magazines and books, audio or video recordings or computer software that has been unsealed by you.
Once goods have been received in good order, the refund will be processed via EFT into your nominated account.
The Company will deliver the Goods to you as soon as reasonably possible, but no later than 14 days after confirmation of your payment ("Delivery Period"). The Company will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 days of receiving such notification, elect whether or not to proceed with your order for the Goods. If you elect to not proceed with your order, The Company will reimburse you with the purchase price within 7 days of being informed that you wish to cancel your order (subject to the aforementioned cancellation/refund terms).
Goods will be delivered by means of The Company appointed courier or postal services to the delivery address listed on the invoice. Delivery charges to the delivery address are included in the total invoice value.
Goods may be returned only when defective, damaged or if the product supplied is not the same product ordered. If the Goods are defective in any way, this must be reported as soon as reasonably possible after delivery, and the Goods must be returned to The Company within a period of 5 days after delivery. If the Goods are not the same as what was ordered, this must be reported within 24 hours of delivery. Any damage to the Goods must be reported within 24 hours of delivery.
If the Goods have been approved for return, Paul Bothner (Pty) Ltd will notify you and arrange for our couriers to collect the item from you or request that you post it back to us or ask you to return the item to our current warehouse location, dependent on your original shipping method. Should you need to post the goods to us please only send it to our postal address and you will be credited or refunded for the postage costs incurred, up to a maximum of the current Company Postal Delivery rate - see "PO Box Delivery to Main Centres" and "PO Box Delivery to Regional Centres".
If you are returning Goods via courier or post office please package it carefully so that it does not become damaged en route. Please include the Returns Request Number and a copy of your original invoice with any return.
All returns, irrespective of reason for return, must be in its original packaging and properly sealed and protected. Any damaged incurred during return, due to insufficient packaging will be deducted from the refunded amount.
If any party ("Defaulting Party") breaches any of these terms and conditions and fails to remedy such breach within 14 (fourteen) days of receipt of notice to remedy the breach, the aggrieved party shall be entitled to claim specific performance or to cancel this agreement forthwith upon written notice to the defaulting party, without prejudice to its right to recover:
any amounts that may be due to it in terms of this agreement; and
any loss or damage suffered as a consequence of the breach or the cancellation of this agreement.
Governing law and Jurisdiction
Our relationship and/or any dispute arising from, or in connection with, these terms and conditions of sale shall be governed by the laws of the Republic of South Africa. You agree to be subject to the exclusive jurisdiction of the South African courts.
The Company hereby selects Unit 24, Royal Cape Park, Londonderry Road, Ottery, 7800, Western Cape, South Africaas its address for the service of all formal notices and legal processes in connection with these terms and conditions of sale ("domicilium"). You hereby select the address specified on the Goods order form as your domicilium. Either party may change its domicilium to any other physical address by not less than 7 days' notice in writing to the other party. Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent:
by hand will be deemed to have been received on the date of delivery;
by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and
by email will be deemed to have been on the date indicated in the "Read Receipt" notification. All email communication between yourself and Paul Bothner (Pty) Ltd must please at all times make use of the "READ RECEIPT" function to serve as proof that an email has been received.
You may not cede, assign or otherwise transfer your rights and obligations in terms of these terms and conditions of sale to any third party.
Any failure on the part of you or the Company to enforce any right in terms hereof shall not constitute a waiver of that right.
If any terms or conditions 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 these 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 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.
All Prices are Retail and Include 14% VAT