Terms & Conditions
These Terms will apply to any contract between us for the sale of Products to you (“Contract”). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
PLEASE NOTE THAT WE DO NOT DELIVER OUTSIDE OF SOUTH AFRICA. YOU WILL ONLY BE ABLE TO PLACE AN ORDER FOR PRODUCTS ON OUR SITE WHERE THE DELIVERY ADDRESS IS LOCATED IN SOUTH AFRICA. IF YOU DO NOT HAVE A SOUTH AFRICAN ADDRESS, YOU WILL NOT BE PERMITTED TO PLACE AN ORDER FOR PRODUCTS ON OUR SITE.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 24 November 2021.
These Terms, and any Contract between us, are only in the English language.
1. Information about us
1.1 We operate the website www.bay.one. We are BAY 1 FOR AFRICA (PTY) LTD, a company registered in South Africa with company registration number 2014/256668/07, whose registered office is at PO BOX 1213, MAGALIES VIEW 2067, Johannesburg Gauteng 2095 South Africa. Our main trading address is at 15 Waterford Office Park Waterford Drive Johannesburg Gauteng 2095 South Africa. Our VAT number is 4700269238.
1.2 Contacting us if you are a consumer:
1.2.1 To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you just need to let us know that you have decided to cancel. The easiest way to do this is to contact our customer care team directly via email, or telephone. These contact details will also be included in our Dispatch Confirmation. You can e-mail us at firstname.lastname@example.org or contact our Customer Services team by telephone on 011 799 5367. If you are emailing us, please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you send us the e-mail.
1.2.2 If you wish to contact us for any other reason, including because you have any complaints, you can contact us by telephoning our customer service team at 011 799 5367 or by e-mailing us at email@example.com.
1.2.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
1.3 Contacting us if you are a business. You may contact us by telephoning our customer service team at 011 799 5367 or by e-mailing us at firstname.lastname@example.org. If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 20.3.
2. Our Products
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.
2.2 The packaging of the Products may vary from that shown on images on our site.
3. Use of our site
Your use of our site is governed by our Terms of Website Use. Please take the time to read these, as they include important terms which apply to you.
4. How we use your personal information
5. If you are a consumer
This clause 5 only applies if you are a consumer.
5.1 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
5.2 Certain Products on our site can only be purchased if you satisfy the legal age requirement for that product. We are not allowed by law to supply these Products to you if you do not satisfy these age requirements. If you are underage, please do not attempt to order these Products through our site. These Products are Products which contain alcohol, including gift sets containing, amongst other things alcoholic products, and you must be at least eighteen (18) years of age to purchase these Products.
6. If you are a business customer
This clause 6 only applies if you are a business.
6.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
6.2 These Terms and any document expressly referred to in them constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
6.3 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
6.4 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation based on any statement in this Contract.
7. How the contract is formed between you and us
7.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
7.2 After you place an order; you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 7.3.
7.3 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (“Dispatch Confirmation”). The Contract between us will only be formed when we send you the Dispatch Confirmation.
7.4 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site as referred to in clause 13.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
8. Our right to vary these Terms
8.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
8.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
8.3 We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:
8.3.1 changes in relevant laws and regulatory requirements; and
8.3.2 changes in the terms and conditions with our third party suppliers.
8.4 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel under this clause 8.4, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid including any delivery charges.
9. Your consumer right of return and refund
This clause 9 only applies if you are a consumer.
9.1 As a consumer, you have a legal right to cancel a Contract. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal rights is publicly available.
9.2 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
Your Contract End of the cancellation period
Your Contract is for a single Product (which is not delivered in instalments on separate days). The end date is the end of 14 days after the day on which you receive the Product.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
Your Contract is for either of the following:
one Product which is delivered in instalments on separate days.
multiple Products which are delivered on separate days. The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.
Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your Product or the first of your separate Products on 10 January and the last instalment or last separate Product on 15 January you may cancel in respect of all instalments and any or all of the separate Products at any time between 1 January and the end of the day on 29 January.
Your Contract is for the regular delivery of a Product over a set period. The end date is 14 days after the day on which you receive the first delivery of the Products.
Example: if we provide you with a Dispatch Confirmation on 1 January in respect of Products to be delivered at regular intervals over a year and you receive the first delivery of your Product on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all Products to arrive during the year.
9.3 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to contact our customer care team directly. We will e-mail you to confirm we have received your cancellation request.
If you are e-mailing us, please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail, then your cancellation is effective from the date you send us the e-mail. For example, you will have given us notice in time if you get your e-mail to us before midnight on that day.
9.4 If you cancel your Contract we will:
9.4.1 refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods if this has been caused by your handling them in a way which would not be permitted in a shop.
9.4.2 Delivery costs will not be refunded to you, unless the entirety of your order was damaged or incorrect upon arrival.
9.4.3 make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
18.104.22.168 if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. For information about how to return a Product to us, see clause 9.8;
22.214.171.124 if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
9.5 If you have returned the Products to us under this clause 9 because they are faulty or mis-described, we may offer you a replacement product at no additional cost. If you require, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
9.6 We will refund you on payment method used by you to pay. If you used vouchers to pay for the Product, we may refund you in vouchers.
9.7 If a Product has been delivered to you before you decide to cancel your Contract:
9.7.1 then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can either send it back or hand it to our authorised carrier. If we have offered to collect the Product from you as advised on our site, we will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection; and
9.7.2 unless the Product is faulty or not as described (in this case, see clause 9.6), you may be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery. If we have offered to collect the Product from you, we may charge you the direct cost to us of collection.
9.8 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 9 or anything else in these Terms. Advice about your legal rights is available from your local citizens’ advice bureau or trading standards office in your locality.
9.9 Products must be returned in a saleable condition meaning that they must be unused with garment tags still attached and intact. We reserve the right to consider the condition of any Product that you wish to return and make the any deductions if there are indications that the Product or its tags has been used, removed, broken, or tampered with.
10.1 We will contact you with an estimated delivery date, which will be within 30 days after the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 19 for our responsibilities when this happens.
10.2 If no one is available at your address to take delivery, we (or our nominated third-party carrier) will leave you a note that the Products have been returned to our premises, in which case, please contact the number given on this note to rearrange delivery.
10.3 Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
10.4 You own the Products once we have received payment in full, including all applicable delivery charges.
This clause 10.6 only applies if you are a consumer.
10.5 If we miss the 30 day delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:
10.5.1 we have refused to deliver the Products;
10.5.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
10.5.3 you told us before we accepted your order that delivery within the delivery deadline was essential.
10.6 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 10.5, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
10.7 If you do choose to cancel your Order for late delivery under clause 10.5 or clause 10.6, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order, we will refund any sums you have paid to us for the cancelled Products and their delivery.
11. International delivery
11.1 We only deliver to South Africa.
12. No delivery within the European Union
12.1 Unfortunately, we do not delivery to addresses inside the European Union.
12.2 You may place an order for Products from within any country, but this order must be for delivery to a South African address (see clause 11 above).
13. Price of products and delivery charges
13.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 13.5 for what happens if we discover an error in the price of Product(s) you ordered.
13.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
13.3 The total cost of your Order will include VAT and any applicable taxes.
13.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.
13.5 Our site contains many Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
13.5.1 where the Product’s correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
13.5.2 if the Product’s correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
14. How to pay
14.1 You can pay for our products using any of our accepted payment methods, outlined on our website footer, and during the checkout process.
14.2 Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.
15. Manufacturer guarantees
15.1 Some of the Products we sell to you come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Products.
15.2 If you are a consumer, a manufacturer’s guarantee is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described.
16. Our warranty for the Products
16.1 For Products which have a manufacturer’s warranty, we will use our reasonable endeavours to pass the benefit of this warranty on to you.
16.2 If you are a consumer, this warranty is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described.
17. Our liability if you are a business
This clause 17 only applies if you are a business customer.
17.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.
17.2 Nothing in these Terms limits or excludes our liability for:
17.2.1 death or personal injury caused by our negligence;
17.2.2 fraud or fraudulent misrepresentation;
17.2.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
17.2.4 defective products under the Consumer Protection Act 1987.
17.3 Subject to clause 17.2, we will under no circumstances whatever be liable to you, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
17.3.1 any loss of profits, sales, business, or revenue;
17.3.2 loss or corruption of data, information or software;
17.3.3 loss of business opportunity;
17.3.4 loss of anticipated savings;
17.3.5 loss of goodwill; or
17.3.6 any indirect or consequential loss.
17.4 Subject to clause 17.2, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
17.5 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
18. Our liability if you are a consumer
This clause 18 only applies if you are a consumer.
18.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
18.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
18.3 We do not in any way exclude or limit our liability for:
18.3.1 death or personal injury caused by our negligence;
18.3.2 fraud or fraudulent misrepresentation;
18.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
18.3.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
18.3.5 defective products under the Consumer Protection Act 1987.
19. Events outside our control
19.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 19.2.
19.2 An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
19.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
19.3.1 we will contact you as soon as reasonably possible to notify you; and
19.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
19.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel, please contact us. You may contact us by telephoning our customer service team at 011 799 5367 or by e-mailing us at email@example.com. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
20. Communications between us
20.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
20.2 If you are a consumer you may contact us as described in clause 1.2.
20.3 If you are a business:
20.3.1 Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered by international courier or e-mail.
20.3.2 A notice or other communication shall be deemed to have been received: if delivered by international courier, on the fifth Business Day after posting or if sent by e-mail, one Business Day after transmission provided that the sender does not receive a notification that delivery has been unsuccessful.
The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
21. Other important terms
21.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
21.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
21.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
21.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
21.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
21.6 If you are a consumer, please note that these Terms are governed by South African Law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by South African law. You and we both agree to that the courts of South Africa will have non-exclusive jurisdiction.
21.7 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of South Africa.
21.8 If you are a business; we both irrevocably agree that the courts of South Africa shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
Social Media Competitions Terms and Conditions
1The competition is open to residents of the South Africa aged 18 years or over except employees of Bay One for Africa Ltd. and their close relatives and anyone otherwise connected with the organisation or judging of the competition.
2There is no entry fee and no purchase necessary to enter this competition.
3By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.
4Route to entry for the competition and details of how to enter are via our platforms.
5Only one entry will be accepted per person. Multiple entries from the same person will be disqualified.
6Closing date for entry will be notified through our platforms. After this date the no further entries to the competition will be permitted.
7No responsibility can be accepted for entries not received for whatever reason.
8The rules of the competition and how to enter are as follows:
9Bay One for Africa Ltd. reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of our control. Any changes to the competition will be notified to entrants as soon as possible.
10Bay One for Africa Ltd. is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.
11The prize is as follows:
The prize is as stated and no cash or other alternatives will be offered. The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.
12Depending on the competition, winners will be chosen:
a) At random from all entries received and verified by Bay One for Africa Ltd. and or its agents
b) As a result of a popular vote conducted via social media sites as measured and recorded and verified by Bay One for Africa Ltd and or its agents.
c) By an independent adjudicator or panel of judges appointed by Bay One for Africa Ltd.
13The winner will be notified by email and/or DM on Twitter/Facebook within 28 days of the closing date. If the winner cannot be contacted or does not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.
14Bay One for Africa Ltd will notify the winner when and where the prize can be collected / is delivered.
15The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.
16By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.
17The winner agrees to the use of his/her name and image in any publicity material, as well as their entry. Any personal data relating to the winner or any other entrants will be used solely in accordance with current data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.
18The winner’s name will be available 28 days after closing date by emailing the following address: firstname.lastname@example.org
19Entry into the competition will be deemed as acceptance of these terms and conditions.
21Bay One for Africa Ltd‘s decision as to those able to take part and selection of winners is final. No correspondence relating to the competition will be entered into.
22Bay One for Africa Ltd shall have the right, at its sole discretion and at any time, to change or modify these terms and conditions, such change shall be effective immediately upon posting to this webpage.
23Bay One for Africa Ltd. also reserves the right to cancel the competition if circumstances arise outside of its control.
24The promoter is: Bay One for Africa Ltd (Company No SC 482 154) whose registered office is in Scotland, United Kingdom.
Last updated November 24, 2021
1. AGREEMENT TO TERMS
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
2. INTELLECTUAL PROPERTY RIGHTS
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
3. USER REPRESENTATIONS
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
4. USER REGISTRATION
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
5. PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use any information obtained from the Site in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Site.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- Use a buying agent or purchasing agent to make purchases on the Site.
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
- Use the Site to advertise or offer to sell goods and services.
- Sell or otherwise transfer your profile.
6. USER GENERATED CONTRIBUTIONS
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
7. CONTRIBUTION LICENSE
By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
8. GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
10. THIRD-PARTY WEBSITE AND CONTENT
11. SITE MANAGEMENT
13. TERM AND TERMINATION
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
14. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
15. GOVERNING LAW
These Terms shall be governed by and defined following the laws of South Africa. Bay 1 For Africa (PTY) Ltd and yourself irrevocably consent that the courts of South Africa shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
16. DISPUTE RESOLUTION
You agree to irrevocably submit all disputes related to Terms or the relationship established by this Agreement to the jurisdiction of the South Africa courts. Bay 1 For Africa (PTY) Ltd shall also maintain the right to bring proceedings as to the substance of the matter in the courts of the country where you reside or, if these Terms are entered into in the course of your trade or profession, the state of your principal place of business.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
19. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
21. USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
24. CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:Bay 1 For Africa (PTY) Ltd
PO BOX 1213
MAGALIES VIEW 2067
1.1We will contact you with an estimated delivery date, which will be within 30 days after the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 19 for our responsibilities when this happens.
1.2If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact the number given on this note to rearrange delivery.
1.3Delivery of an Order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
1.4You own the Products once we have received payment in full, including all applicable delivery charges.
This clause 10.6 only applies if you are a consumer.
1.5If we miss the 30 day delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:
1.5.1we have refused to deliver the Products;
1.5.2delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
1.5.3you told us before we accepted your order that delivery within the delivery deadline was essential.
1.6If you do not wish to cancel your order straight away, or do not have the right to do so under clause 10.5, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
1.7If you do choose to cancel your Order for late delivery under clause 10.6 or clause 10.7, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.
2.1We only deliver to the countries listed on this page ("International Delivery Destinations"). However, there are restrictions on some Products for certain International Delivery Destinations, so please review the information on that page carefully before ordering Products.
2.2When you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Although we may be able to provide an estimate of this amount please note that we have no control over these charges and we cannot accurately predict the final amount.
2.3You will be responsible for payment of any such additional import duties and taxes unless we agree to pay these on your behalf. Please contact your local customs office for further information before placing your order.
2.4You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
3No delivery within the European Union
3.1Unfortunately, we do not delivery to addresses inside the European Union.
3.2You may place an order for Products from within the European Union, but this order must be for delivery to an address in one of the International Delivery Destinations (see clause 11 above).
4Price of products and delivery charges
4.1The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 13.5 for what happens if we discover an error in the price of Product(s) you ordered.
4.2Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
4.3The total cost of your Order will not include UK VAT. However, it will include any taxes, duties, fees, levies or other charges levied by the non-EU country to which the Order is delivered, which will be added to your Order at checkout and paid on your behalf by us to the relevant local customs authorities.
4.4The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery Charges page.
4.5Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
4.5.1where the Product's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
4.5.2if the Product's correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
Bay.one is committed to providing a website that is accessible to the widest possible audience, regardless of technology or ability. We actively work to enhance the site’s accessibility and usability and in doing so aim to adhere to many of the available standards and guidelines.
Web Accessibility Initiative
This website endeavours to conform to level level A criteria of the World Wide Web Consortium Web Accessibility Initiative (WCAG WAI) 2.0 guidelines. Conformance with these guidelines will help make the web more user friendly for all people.
We will continue to develop the site in accordance with guidelines promoted by the World Wide Web Consortium Web Accessibility Initiative (WCAG WAI) 2.0 guidelines.
The site displays correctly in current web browsers. If you view our site on an older browser, you may find pages don’t display as intended if the browser isn’t standards-compliant. We recommend you upgrade your browser to the latest version of one of the following, to get the most from our site. Stated also are the minimum versions you should use in order to avhieve the best possible performance.
Microsoft Edge 90+: www.microsoft.com
Mozilla Firefox 90+: www.mozilla.com
Google Chrome 90+: www.google.com
Apple Safari 15+: www.apple.com
* and above
Whilst bay.one strives to adhere to the accepted guidelines and standards for accessibility and usability, it is not always possible to do so in all areas of the website. We are continually seeking out solutions that will bring all areas of the site up to the same level of overall accessibility. In the meantime if you have any questions relating to accessibility, please don’t hesitate to contact us.