Bellacard.net

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Terms & Conditions


  • Introduction
    1. This website can be accessed at www.BellaCard.com, related mobi-sites and software applications (the “Website”) and is owned and operated by BellaCard (“BellaCard”, “we”, “us” and “our”).
    2. These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.
    3. These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
    4. The Website enables you to shop online for a range of artistic and aesthetic goods (“Goods”).
  • Important Notice
    1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
    2. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which -
      1. may limit the risk or liability of BellaCard or a third party; and/or
      2. may create risk or liability for the user; and/or
      3. may compel the user to indemnify BellaCard or a third party; and/or
      4. serves as an acknowledgement, by the user, of a fact.
    3. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
    4. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask BellaCard to explain it to you before you accept the Terms and Conditions or continue using the Website.
    5. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or BellaCard in terms of the CPA.
    6. BellaCard permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
  • Returns
    1. Please refer to our Returns Policy for more information about returning products (and related refunds, replacements or repairs). The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
  • Registration and use of the website
    1. Only registered users may order Goods on the Website.
    2. To register as a user, you must provide a unique username and password and provide certain information and personal details to BellaCard. You will need to use your unique username and password to access the Website in order to purchase Goods.
    3. You agree and warrant that your username and password shall:
      1. be used for personal use only; and
      2. not be disclosed by you to any third party.
    4. For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
    5. You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
    6. You agree to notify BellaCard immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
    7. By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
    8. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised BellaCard representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
    9. You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
    10. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised BellaCard representative.
  • Conclusion of sales and availability of stock
    1. Registered users may place orders for Goods, which BellaCard may accept or reject. Whether or not BellaCard accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by BellaCard for the Goods.
    2. NOTE: BellaCard will indicate the acceptance of your order by delivering the Goods, and only at that point will an agreement of sale between you and BellaCard come into effect (the “Sale”). This is regardless of any communication from BellaCard stating that your order or payment has been confirmed. BellaCard will indicate the rejection of your order (by BellaCard itself ) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
    3. Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may cancel the Sale only in accordance with the Returns Policy.
    4. Placing Goods in a wishlist or shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold BellaCard liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
    5. You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by BellaCard, BellaCard will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after placing an order, BellaCard will notify you and you will be entitled to a refund of the amount paid by you for such Goods.
    6. Please see details relating to Pre-orders in our FAQ’s: Pre-Order, which are incorporated by reference.
  • Payment
    1. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
    2. Payment can be made for Goods via -
      1. debit card;
      2. credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
      3. direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. BellaCard will not accept your order if payment has not been received;
      4. Instant EFT;
      5. cheque deposits: cheque deposits may be made by prior arrangement with BellaCard. BellaCard will not accept your order if notification of clearance of the cheque deposit has not been received.
    3. The above payment options are explained in more detail in our Frequently Asked Questions (“FAQ”): Payment, which are incorporated by reference.
    4. You may contact us via email at info@BellaCard.com to obtain a full record of your payment. We will also send you email communications about your order and payment.
    5. Once you have selected your payment method and you accept these Terms and Conditions, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
  • Delivery of goods
    1. BellaCard offers one method of delivery of Goods to you:
      1. courier; or
    2. Please see details of our delivery and shipping terms and conditions in our FAQ’s: Shipping and Delivery, which are incorporated by reference.
    3. Where it accepts your order, BellaCard will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.
    4. BellaCard’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. BellaCard is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.
  • Errors
    1. We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.
    2. BellaCard shall not be bound by any incorrect information regarding our products displayed on any third party websites.
  • Vouchers & Coupons
    1. BellaCard may from time to time make physical or electronic gift vouchers (“Vouchers”) and promotional coupons or discounts (“Coupons”) available for use on the Website towards the purchase of BellaCard Goods. Vouchers and Coupons can only be redeemed while they are valid and their expiry dates cannot be extended. More specifically:
      1. Vouchers
        1. Vouchers that are purchased by registered users are valid for 1 years after Sale. Vouchers that BellaCard gives away for free are valid for the period stated thereon. In each case, if your Voucher has not been used within that period, it will expire.
        2. Vouchers cannot be used to buy other Vouchers or Coupons. They do not accrue interest and are not refundable for cash once purchased. If your Voucher value is insufficient for the order you wish to place, you may make up the difference by paying via one of our other payment methods.
        3. BellaCard is not responsible for any harm due to the loss, unauthorised use or unauthorised distribution of a Voucher, after it has delivered the Voucher to you or the email address nominated by you.