LEGAL

This page (together with our Privacy Policy and Terms of Website Use) tells you information about us and the legal terms and conditions (“Terms”) on which we sell any of the products (“Products”) listed on our website (“our site”) to you.

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 WITHIN THE EUROPEAN UNION. YOU WILL ONLY BE ABLE TO PLACE AN ORDER FOR PRODUCTS ON OUR SITE WHERE THE DELIVERY ADDRESS IS IN ONE OF OUR INTERNATIONAL DELIVERY DESTINATIONS. IF YOU DO NOT HAVE AN ADDRESS WITHIN ONE OF THESE INTERNATIONAL DELIVERY DESTINATIONS 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 December 2014.

These Terms, and any Contract between us, are only in the English language.

1Information about us

1.1We operate the website www.bay.one. We are BAY-ONE FOR AFRICA LIMITED, a company registered in Scotland with company number SC482154 whose registered office is at 12 Cathkin Road, Langside, Glasgow, Strathclyde, Scotland G42 9UB.   Our main trading address is at 12 Cathkin Road, Langside, Glasgow, Strathclyde, Scotland G42 9UB.  Our VAT number is 192 547973.
1.2Contacting us if you are a consumer:
1.2.1To 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 complete the cancellation form on our website.  A link to the website cancellation form will be included in our Dispatch Confirmation.  If you use this method we will e-mail you to confirm we have received your cancellation.  You can also e-mail us at support@bay.one or contact our Customer Services team by telephone on 011 799 5367 or by post to 12 Cathkin Road, Langside, Glasgow, Strathclyde, Scotland G42 9UB.  If you are emailing us or writing to us please include details of your order to help us to identify it.  If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.  
1.2.2If 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 support@bay.one.
1.2.3If 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.
1.3Contacting 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 support@bay.one.  If you wish to give us formal notice of any matter in accordance with these Terms, please see clause 20.3.

2Our Products

2.1The 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 reflect the colour of the Products.  Your Products may vary slightly from those images.  
2.2The packaging of the Products may vary from that shown on images on our site.

3Use 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.

4How we use your personal information

We only use your personal information in accordance with our Privacy Policy.  Please take the time to read our Privacy Policy as it includes important terms which apply to you.

5If you are a consumer

This clause 5 only applies if you are a consumer.
5.1If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
5.2Certain 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.

6If you are a business customer

This clause 6 only applies if you are a business.
6.1If 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.
6.2These 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.  
6.3You 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.
6.4You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation based on any statement in this Contract.

7How the contract is formed between you and us

7.1Our 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.
7.2After 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.  
7.3We 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.  
7.4If 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.

8Our right to vary these Terms

8.1We 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.
8.2Every 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.
8.3We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:
8.3.1changes in relevant laws and regulatory requirements; and  
8.3.2changes in the terms and conditions with our third party suppliers.
8.4If 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, if you are a consumer within the European Union, any delivery charges.

9Your consumer right of return and refund

This clause 9 only applies if you are a consumer.
9.1If you are a consumer within the European Union, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 9.3.  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 available from your local citizens’ advice bureau or trading standards office in your locality.
9.2Your legal right to cancel a Contract if you are a consumer within the European Union 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.  
9.3To cancel a Contract, you just need to let us know that you have decided to cancel.  The easiest way to do this is to complete the cancellation form on our website.  A link to the website cancellation form will be included in our Dispatch Confirmation.  If you use this method we will e-mail you to confirm we have received your cancellation.  
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 as long as you get your e-mail to us before midnight on that day.
9.4If you cancel your Contract we will:
9.4.1refund 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.    
9.4.2if you are a consumer within the European Union  refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method).  For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option. If you are consumer outside the European Union, you may cancel the contract in accordance with this clause 9, but we will not refund any delivery costs which you have paid.
9.4.3make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
9.4.3.1if 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;
9.4.3.2if 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.
9.5If 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.
9.6We will refund you on the credit card or debit card used by you to pay.  If you used vouchers to pay for the Product we may refund you in vouchers.
9.7If a Product has been delivered to you (or, if you are a consumer outside the European Union and we have dispatched the Product) before you decide to cancel your Contract:
9.7.1then 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
9.7.2unless the Product is faulty or not as described (in this case, see clause 9.6), you will 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 will charge you the direct cost to us of collection.
9.8Because 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.  
9.9Products must be returned in a saleable condition meaning that they must be unused with garment tags still attached and in tact. 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.

10Delivery

10.1We 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.  
10.2If 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. If you are a consumer outside the European Union you may be responsible for the cost of redelivery.
10.3Delivery 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.  
10.4You 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.
10.5If we miss the 30 day delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:
10.5.1we have refused to deliver the Products;
10.5.2delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
10.5.3you told us before we accepted your order that delivery within the delivery deadline was essential.
10.6If 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.
10.7If 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.  

11International delivery

11.1We only deliver to the countries listed on this page.   However there are restrictions on some Products for certain International Delivery Destinations, so please review the information on that page carefully before ordering Products.  
11.2When 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 guarantee that we will accurately predict the final amount.   
11.3You will be responsible for payment of any such import duties and taxes unless we agree to pay these on your behalf during the order process (as set out in clause 13.3).  Please contact your local customs office for further information before placing your order.
11.4You 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.

12No delivery within the European Union

12.1Unfortunately, we do not delivery to addresses inside the European Union.
12.2You 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).

13Price of products and delivery charges

13.1The 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.
13.2Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
13.3The 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.
13.4The 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.
13.5Our 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:
13.5.1where 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 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
13.5.2if 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.

14How to pay

14.1You can only pay for Products using a debit card or credit card.  We accept the following cards: [LIST OF CREDIT AND DEBIT CARDS].
14.2Payment 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.

15Manufacturer guarantees

15.1Some 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.  
15.2If 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.  Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office, if you are based in the United Kingdom, or the local equivalent where you are not.

16Our warranty for the Products

16.1For Products which have a manufacturer’s warranty, we will use our reasonable endeavours to pass the benefit of this warranty on to you.
16.2If 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.  Advice about your legal rights is available from your local citizens’ advice bureau or trading standards office in our locality.  

17Our liability if you are a business

This clause 17 only applies if you are a business customer.
17.1We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.
17.2Nothing in these Terms limits or excludes our liability for:
17.2.1death or personal injury caused by our negligence;
17.2.2fraud or fraudulent misrepresentation;
17.2.3breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
17.2.4defective products under the Consumer Protection Act 1987.
17.3Subject 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:
17.3.1any loss of profits, sales, business, or revenue;
17.3.2loss or corruption of data, information or software;
17.3.3loss of business opportunity;
17.3.4loss of anticipated savings;
17.3.5loss of goodwill; or
17.3.6any indirect or consequential loss.
17.4Subject 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.
17.5Except 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.

18Our liability if you are a consumer

This clause 18 only applies if you are a consumer.
18.1If 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.
18.2We 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.
18.3We do not in any way exclude or limit our liability for:
18.3.1death or personal injury caused by our negligence;
18.3.2fraud or fraudulent misrepresentation;
18.3.3any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
18.3.4any 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
18.3.5defective products under the Consumer Protection Act 1987.

19Events outside our control

19.1We 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.   
19.2An “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.
19.3If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
19.3.1we will contact you as soon as reasonably possible to notify you; and
19.3.2our 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.  
19.4You 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 support@bay.one. 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.

20Communications between us

20.1When we refer, in these Terms, to “in writing”, this will include e-mail.
20.2If you are a consumer you may contact us as described in clause 1.2.  
20.3If you are a business:
20.3.1Any 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.
20.3.2A 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.

21Other important terms

21.1We 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.
21.2You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.    
21.3This Contract is between you and us.  No other person shall have any rights to enforce any of its terms.
21.4Each 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.
21.5If 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.  
21.6If you are a consumer, please note that these Terms are governed by Scottish 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 Scottish law.  You and we both agree to that the courts of Scotland will have non-exclusive jurisdiction.  However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of England, you may also bring proceedings in England.
21.7If 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 Scotland.  
21.8If you are a business, we both irrevocably agree that the courts of Scotland 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).

22discovery/mall Valentine's giveaway

22.1Spend R500 or more to qualify
22.2Exclusive to Discovery Card Holders - You must use your Discovery Card
22.3Receive a free a luxury pampering gift set worth R385
22.4Set includes: 3 x 15ml pots including Face Smooth Intense Moisturiser with Hyaluronic Acid and Linden Blossom, Hands Replenish Pink Grapefruit Hand Cream and Feet Revive Lime, Lemon and Lavender Foot Cream. These products are hand-blended in Somerset, UK and are packed full of active natural ingredients. Using a range of exotic oils, vitamins and plant extracts, each product is deliciously scented, using only the finest quality essential oils and floral absolutes.
22.5Valid all through February 2018, while stocks last.

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: support@bay.one

19Entry into the competition will be deemed as acceptance of these terms and conditions.

20This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or any other Social Network. You are providing your information to Bay One for Africa Ltd and not to any other party. The information provided will be used in conjunction with the Privacy Policy found lower down on this page.

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.

 

1Terms and Conditions of Website Use

1.1This page (together with the documents referred to on it) provides the terms and conditions upon which you may make use of the website made available and operated at www.bay.one (“our site”).

1.2Please read these terms and conditions of website use carefully before you start to use our site.  These terms and conditions are a legally binging document and create binding obligations upon you.

1.3By using our site, you accept these terms and conditions of website use and agree to abide by them. If you do not agree to these terms and conditions of website use, please do not use our site.

2Information about us

2.1Our site is made available and operated by BAY-ONE FOR AFRICA LIMITED (“we”, “our”, “us”) and by other persons acting on our behalf. 

2.2We are a company registered in Scotland with company number SC 482154 whose registered office is at 12 Cathkin Road, Langside, Glasgow, Strathclyde, Scotland. Our VAT number is 192547973.

3Access

3.1Our site is a place for you to ascertain general information concerning the products we offer and, subject our terms and conditions for the sale of products, to purchase products. The terms and conditions relating to the sale of products on our site govern the sales of products on our site. 

3.2Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the material (“Material”) made available upon or through it without notice. Unless explicitly stated to the contrary the supply or making available of any Material shall be subject to these terms and conditions.

3.3We reserve the right at our sole discretion to restrict access to some parts or all of our site by persons or organisations seeking to access our site.

3.4You are responsible for making all arrangements necessary for you to have access to our site.  You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use our site and is compatible with our site. You are also responsible for ensuring that all persons who access our site through any facilities provided by you or over which you have control are aware of these terms and conditions and that they comply with them. 

3.5We have used reasonable endeavours to ensure that our site complies with Scottish laws. However, we make no representations that our site or the Material is appropriate or available for viewing, access or use in locations outside Scotland. If you access our site from other locations you do so at your own initiative and are responsible for compliance with all laws applicable to such location. If viewing, accessing or using our site or the Material is contrary to or infringes any applicable law in your place of access or place of residence, you are not authorised to view, access or use our site or the Material and you must exit immediately. If making available our site or the Material in your place of access or place of residence or to you (by reason of nationality, residence or otherwise) is prohibited our site and the Material is not made available to you. You accept that if you are resident outside Scotland, you must satisfy yourself that you are lawfully able to access our site and the Material.

3.6We make no representations and give no warranties or guarantees, express or implied, that the making available of our site or the material in any particular territory outside Scotland is permitted under any non-Scottish laws. We exclude all liability for any damages, loss, costs or expenses relating to or arising out of the access to our site and the material by persons who are citizens, residents or nationals of countries other than Scotland or who are nominees of or trustees for citizens, residents or nationals of countries other than Scotland, who are restricted from attempting to access our site or the material.

4Availability and operation

4.1We shall use reasonable endeavours to ensure that our site and any Material is available and (as applicable) operates properly at all times.

4.2We may suspend the availability or operation of our site or (as applicable) any Material on a temporary or indefinite basis as we may in our sole discretion determine.

4.3All warranties or guarantees as regards the availability or operation of our site and any material, in so far as they may be excluded and other than as explicitly specified hereunder, are excluded. We exclude all liability for any damages, loss, costs or expenses relating to or arising out of the availability or operation of our site and any material.

5Linking to our site

5.1You may link, or may procure that a third party acting on your behalf links, to the home page of our site from a website owned by you, provided that such link is provided in a way that is fair and legal and does not damage our reputation or take advantage of it.

5.2You must not establish nor procure that any third party establishes a link to our site in such a way as to suggest any form of association, approval or endorsement of you or any entity which you represent by us without our explicit prior written consent. 

5.3You must not establish nor procure that any third party establishes a link from any website that is not owned by you.

5.4You must not establish nor procure that any third party establishes a link to any page upon our site other than our home page.

5.5You must not frame nor procure that any third party frames our site on any other website.

5.6You must not stream or aggregate content from our site within another website nor procure that any third party undertakes such activities.

5.7We reserve the right to withdraw our permission to link to our site without notice and for whatever reason as we may in our sole discretion determine.

6Links from our site

6.1Where our site contains a link to a site or resource provided by a third party (a “Third Party Site”), such a link is provided for the purposes of information and convenience only. 

6.2The provision by us of a link to a Third Party Site does not represent any endorsement or recommendation by us in respect of that Third Party Site and does not mean that we have any association with that Third Party Site.  We have no control over the contents of Third Party Sites.

6.3We exclude all liability for any damages, loss, costs or expenses arising out of any use or interaction by you with third party sites. 

7Viruses, hacking and other offences

7.1You must not:

7.1.1misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful including that which may damage, detrimentally interfere with, surreptitiously intercept or expropriate our system, data or information;

7.1.2attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site;

7.1.3use any robot, spider, other automatic device, or manual process to monitor or copy our site, or use any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere, with our site;

7.1.4use an anonymising proxy to access our site;

7.1.5attack our site via a denial-of-service attack or a distributed denial-of service attack;

7.1.6take any action that imposes an unreasonable or disproportionately large load on our infrastructure, or that may cause us to lose any of the services from our service providers, including our internet service providers; or

7.1.7do, or omit to do, or attempt to do or omit to do, any other act or thing which may interfere with the proper operation of our site.

7.2If you breach this clause we have the right to report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

7.3You also understand that we cannot and do not warrant or guarantee that any material available for downloading from our site will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements in this respect. we exclude all liability for any damages, loss, costs or expenses relating to or arising out of any distributed denial-of-service attack, viruses or other technologically harmful material that may infect computer equipment, computer programs, data or other proprietary material due to use of or access to our site or any material, or your use of or interaction with any third party site.

8Errors

8.1You acknowledge that our site may not be free of errors and you agree that the existence of any errors shall not constitute a breach of these terms and conditions.

8.2We exclude all liability for any damages, loss, costs or expenses incurred relating to or arising out of any errors within our site.

9Accuracy

9.1We will do our best to ensure that all Material is accurate. Please note though that our site may contain inaccuracies. We make no guarantees or warranties in respect of the accuracy of any Material. This does not affect your rights under law. For further information upon these rights please contact your local Citizen’s Advice Bureau or a solicitor or lawyer experienced in agreements of this nature.

9.2The Material is general in nature and is not intended to amount to advice on which reliance should be placed. You undertake not to rely upon the Material. You undertake not to provide any Material to any third party with a view to that third party relying upon that Material

9.3We exclude all liability for any damages, loss, costs or expenses incurred relating to or arising out of any inaccuracies within or reliance placed upon any material.

10Passwords

10.1If you choose, or you are provided with, a user identification code, login, password or any other piece of information enabling access to our site or any Material, you must treat such information as confidential, and you must not disclose it to any third party. 

10.2We reserve the right to disable any user identification code, login, password, or any other piece of information enabling access to our site or any Material at any time, for such reason as we may in our sole discretion determine, including without limitation if in our opinion you have failed to comply with any of the provisions of these terms and conditions of website use.

10.3You must immediately notify us if you have reason to believe any user identification code, login, password, or any other piece of information enabling access to our site or any Material provided by us to you has become known to any third party.

11Our intellectual property rights

11.1Our site and the Material is protected by international copyright laws and other intellectual property rights. You acknowledge that we are the owner or the licensee of rights (including all intellectual property rights) in or relating to our site and the Material. You acknowledge that any rights to use our site and the Material granted hereunder are licensed not transferred to you. We grant you no rights to use our site and the Material other than in accordance with these terms and conditions. We reserve all such rights.

11.2You must not:

11.2.1use or copy;

11.2.2disassemble, decompile, reverse engineer, create derivative works based upon, extract elements from or reorganise;

11.2.3translate, merge, adapt, vary, modify or make alterations to;

11.2.4distribute or licence rights in,

our site or any Material or any copies thereof other than as expressly stated hereunder.

11.3Our status or that of any identified contributors as the authors of Material must always be acknowledged. Such acknowledgement must include the address of our site.

11.4Other than as explicitly specified hereunder nothing contained in these terms and conditions should be construed as granting by implication, estoppel, personal bar or otherwise any licence or right to use our site or any Material without our express written permission.

11.5You must permit us and our representatives, at all reasonable times and on reasonable advance notice, to inspect and have access to any of your premises at which our site is or has been used by you or with your consent and to the computer equipment located there for the purpose of ensuring that these terms and conditions have been complied with.

11.6You must not attempt in any way to remove or circumvent any technical protection measures applied to our site to prevent unauthorised use, copying or misappropriation thereof or of the intellectual property rights relating thereto, or apply, manufacture, import, distribute, sell, let for hire, offer, expose or advertise for sale for hire or have in your possession for private or commercial purposes, any means whose sole reasonable purpose is to facilitate the unauthorised removal or circumvention of such technical protection measures.

12Your rights of use

12.1You may print off one copy any Material from our site for your personal study, research or internal business purposes.

12.2You may copy and distribute to third parties in an electronic or paper format extracts of Material generally and publicly made available upon our site but only in so far as may be necessary to draw the attention of such third parties to the availability of Material upon our site. Our status or that of any identified contributors as the authors of such extracts must always be acknowledged. Such acknowledgement must include the address of our site.

13Complaints regarding Material

13.1If you wish to complain about any Material, please contact us at support@bay.one.  We will then review the Material. We shall in our sole discretion determine whether to remove the Material. If we decide to remove the Material, our removal shall not be an admission as to any fact or circumstance, or be deemed to be an acceptance of your complaint. We may or may not respond to your complaint.

13.2Please note that we do not moderate any forums, comments facilities, blogs, links or other content made available upon our site by third parties.

14Material you submit to our site

14.1By submitting material or information to or through our site you grant to us the right without limitation and without a requirement to pay to you any sums to use, copy, modify, adapt, create derivative works based upon, extract elements from and reorganise such information or material. You acknowledge that we may permit others to exercise these rights.

14.2By submitting information or material to or through our site you are guaranteeing that you have the right to grant to us the rights described in clause 14.1. If you are not able to grant to us these rights, please do not submit such information or material.

14.3In relation to any information or material submitted by you to or through our site you waive absolutely all moral rights arising under Chapter 4 of the Copyright, Designs and Patents Act 1988 and, so far as is legally possible, any broadly equivalent rights you may have in any territory of the world, in such information or material.

14.4You warrant that any information or material submitted by you to or through our site shall:

14.4.1be accurate (where it states facts);

14.4.2be genuinely held (where it states opinions);

14.4.3comply with the law applicable in Scotland and in any country from which it is posted; and

14.4.4be relevant.

14.5You warrant that any information or material submitted by you to or through our site shall not:

14.5.1be defamatory of any person;

14.5.2be obscene, offensive, hateful or inflammatory;

14.5.3promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

14.5.4disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal information in respect of any individual other than where you have the express permission of that individual to disclose such information subject to and in accordance with these terms and conditions of website use;

14.5.5infringe any copyright, database right or trade mark of any other person;

14.5.6breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

14.5.7be in contempt of court;

14.5.8be likely to harass, upset, embarrass, alarm or annoy any other person;

14.5.9impersonate any person, or misrepresent your identity or affiliation with any person;

14.5.10advocate, promote, incite any third party to commit, or assist any unlawful or criminal act; or

14.5.11contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.

14.6The warranties provided for in clause 14.4 and clause 14.5 must be complied with in spirit as well as to the letter.  We will determine, in our sole discretion, whether any material submitted by you through our site breaches these warranties. you shall indemnify and shall keep us fully and effectively indemnified on demand from and against all actions, claims, losses, liability, proceedings, damages, costs, expenses, loss of business, loss of profits, business interruption and other pecuniary or consequential loss (including legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of your breach of these warranties.

14.7Where information or material submitted to our site in our opinion breaches these terms and conditions of website use, we may at our sole discretion take all or any of the following actions:

14.7.1investigation of the identity of the person responsible for submitting such information or material and the circumstances surrounding the submission of such information or material, in respect of which you undertake to provide us with confirmation of your identity and any other information we may require in connection therewith and to cooperate with us fully;

14.7.2immediate, temporary or permanent withdrawal or removal of the information or material or your ability to access to our site;

14.7.3issuing a warning to you;

14.7.4raising legal proceedings against you for recovery of all costs resulting from your breach of these terms and conditions of website use;

14.7.5raising further legal action against you;

14.7.6disclosing such information to such law enforcement authorities or relevant third parties as we reasonably feel is necessary or as required by law; or

14.7.7such other action as we reasonably deem appropriate.

14.8We hereby exclude all liability for any damages, loss, costs or expenses relating to or arising out of the taking of all and any of the action referred to in clause 14.7.

15Exclusions

15.1The terms of

15.1.1our Privacy and Cookie Policy and

15.1.2our terms and conditions for the sale of the products on our site shall form part of these terms and conditions of website use.

15.2These terms and conditions of website use, our privacy and cookie policy and our terms and conditions for the sale of products on our site set out the full extent of our obligations and liabilities in respect of our site.  In particular, there are no conditions, warranties, guarantees, representations or other terms, express or implied, that are binding upon us except as specifically stated in these terms and conditions of website use, the terms and conditions for the sale of products on our site and our privacy and cookie policy. In so far as is possible we exclude all conditions, warranties, guarantees, representations and other terms which might otherwise be implied by statute or common law other than those expressly stated hereunder.

15.3Where we exclude liability under these terms and conditions of website use, such exclusion shall include, in so far as is permitted under law, all liability for any loss, damage, costs or  expenses including any liability for loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, failure of transmission, communication, computer or other facilities, failure, error or delay in the sending of any notice, communication or instruction via any medium whatsoever, wasted management or office time, and for any other loss or damage of any kind, however arising and whether caused by delict (including negligence), breach of contract or otherwise, even if foreseeable.

15.4The exclusions of liability hereunder do not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law. For further information upon liability which cannot be excluded or limited under applicable law please contact your local citizen’s advice bureau or a solicitor or lawyer experienced in agreements of this nature.

< h3>16Transfer

16.1You may not transfer or otherwise dispose of any of your rights or obligations arising under these terms and conditions of website use without our prior written consent.

16.2We may sub-licence, rent, lease, transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under these terms and conditions of website use at any time.

17Breach

17.1If you breach any of these terms and conditions of website use, all of your rights under these terms and conditions of website use including your right to use our site and the Material will cease immediately.

17.2If we have reason to believe that you have breached these terms and conditions of website use or are likely to breach these terms and conditions of website use we may take action to protect ourselves, our service providers and third parties from liability, including but not limited to contacting relevant third parties and disclosing information collected from you.

17.3You are responsible for all losses, costs, expenses, claims, demands or other liabilities (including legal fees) incurred by us, our service providers or any third parties caused by or arising from your breach of these terms and conditions of website use. You shall indemnify and shall keep us fully and effectively indemnified on demand from and against all actions, claims, losses, liability, proceedings, damages, costs, expenses, loss of business, loss of profits, business interruption and other loss (including legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of your breach of these terms and conditions of website use.

18Circumstances beyond our control and other parties

18.1We will not be liable for any failure to perform any obligation under these terms and conditions of website use due to causes beyond our reasonable control.

18.2These terms and conditions of website use do not confer any rights on any person other than you and us.

19Variation

19.1We may change the Material at any time.

19.2Any Material may be out of date at any given time, and we are under no obligation to update any Material.

19.3We reserve the right to change these terms and conditions of website use at any time by amending this page or the page upon our site containing our Privacy and Cookie Policy or our terms and conditions for the sale of the products on our site. Any such change in these terms and conditions of website use or our Privacy and Cookie Policy or our terms and conditions for the sale of the products on our site will be effective once reflected in the text of these terms and conditions of website use or our Privacy and Cookie Policy or our terms and conditions for the sale of the products on our site (as appropriate) as published on our site.  You undertake to check this page and the page containing our Privacy and Cookie Policy and our terms and conditions for the sale of the products on our site from time to time to take notice of any changes we have made, as they are binding on you. 

19.4Some of the provisions contained in these terms and conditions of website use, our terms and conditions for the sale of the products on our site and our Privacy and Cookie Policy may also be superseded by provisions or notices published elsewhere on our site.

20Waiver

If we fail at any time to insist upon strict performance of any of your obligations under these terms and conditions of website use, or if we fail to exercise any of the rights or remedies to which we are entitled under these terms and conditions of website use, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

21Severability and entire agreement

21.1If any term, condition or provision of these terms and conditions of website use is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall be severed from the remaining terms and conditions which will continue to be valid to the fullest extent permitted by law.

21.2These terms and conditions of website use, our privacy and cookie policy, together with any provisions or notices published elsewhere on our site which supersede these documents, are the whole agreement between you and us. you acknowledge that you have not entered into the obligations provided for in these terms and conditions of website use in reliance upon any statement, warranty or representation made by us or any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind your obligations hereunder by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in these terms and conditions of website use or our privacy and cookie policy.

22Notices to You

22.1We will communicate with you in English only. You agree that we may provide a notice to you by posting it on our site or emailing it to the email address provided by you to us.

22.2With the exception of amendments to these terms and conditions of website use, our terms and conditions for the sale of the products on our site or our Privacy and Cookie Policy which shall have immediate effect following posting upon our site, such notices shall be deemed to have been received by you on the expiry of a period of twenty four (24) hours from the point in time they are emailed to you.

23Notices to us

23.1You may only notify us in connection with any matter arising under these terms and conditions of website use, except where specified otherwise under these terms and conditions of website use, by emailing us at support@bay.one.

23.2Any notification shall be deemed to have been received by us on the expiry of a period of seventy two (72) hours. For the purposes of determining this period all weekends and public holidays in Scotland shall be excluded.

24Jurisdiction and applicable law

The interpretation, construction, effect and enforceability of these terms and conditions of website use are governed by Scots law, and you agree to submit to the non-exclusive jurisdiction of the Scottish courts for the determination of disputes related thereto.

 

1Delivery

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.

2International 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 FOR AFRICA LIMITED (“we”, “us” “our”) are committed to protecting and respecting your privacy. This cookie and privacy policy (together with our terms of use and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. By visiting www.bay.one (“our site”) you are accepting and consenting to the practices described in this policy.

For the purpose of the Data Protection Act 1998 (the “Act”), the data controller is BAY-ONE FOR AFRICA LIMITED, a company registered in Scotland with company number SC 482154 whose registered office is at 12 Cathkin Road, Langside, Glasgow, Strathclyde, Scotland G42 9UB.

Information we may collect from you

We may collect and process the following data about you:

Information you give us. You may give us information about you by filling in forms on our site or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you register to use our site, subscribe to any of our services, search for a product, place an order on our site, and when you report a problem with our site. The information you give us may include your name, address, e-mail address, phone number and financial and credit card information.

Information we collect about you. With regard to each of your visits to our site we may automatically collect the following information:

• Technical information, including the internet protocol (IP) address used to connect your computer to the internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform
• Information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our site (including date and time); products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page and any phone number used to call our customer service number
• And the content of telephone calls that we may have with you following your visit to our site, which may be recorded for quality control and training purposes.

Information we receive from other sources. We may receive information about you if you use any of the other websites we operate or the other services we provide. We are also working closely with third parties (including, suppliers and/or manufacturers of products, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers, credit reference agencies) and may receive information about you from them.

Cookies

Our site may place and access certain cookies on your computer. A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer's hard drive. We use cookies to improve your experience of using our site and to improve our range of products and/or services. We have carefully chosen these cookies and have taken steps to ensure that your privacy is protected and respected at all times. By continuing to browse our site you are agreeing to our use of cookies.

All cookies used by our site are in accordance with the Privacy and Electronic Communications (EC Directive) Regulations 2003 as amended by the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations.

You may, if you wish, deny consent to the placing of cookies however if you do so certain features of our site may not function fully or as intended.

Certain features of our site depend upon cookies to function. These cookies are deemed to be “strictly necessary” and are shown below. Your consent will not be sought to place these cookies. You may still block these cookies by changing your internet browser’s settings.

Our site uses analytics services provided by Google Analytics. Website analytics refers to a set of tools used to collect and analyse usage statistics, enabling us to better understand how users use our site. This, in turn, enables us to improve our site and the products and services offered through it. You do not have to allow us to use these cookies, as detailed below. However, whilst our use of them does not pose any risk to your privacy or your safe use of our site it does enable us to continually improve our business.

The analytics services used by our site use cookies to gather the required information. Certain of these cookies may be placed immediately when you decide to visit our site and it may not be possible to obtain your prior consent. You may remove these cookies and prevent future use of them by visiting the Google Analytics opt-out page.

The analytics services used by our site use the following cookies:

Name of Cookie	First/Third Party	Provider	Purpose
_utma	First	Google Analytics	A visitor ID which is used to identify unique visitors to the site. Expires 2 years after being set.
_utmb	First	Google Analytics	A session ID which is used to identify the length of the session and the pages which are viewed. Expires 30 minutes after the end of the session.
_utmz	First	Google Analytics	This cookie stores the type of referral used to reach the site, such as directly, referring link, website search or a campaign. Expires 6 months after being set.

You can choose to enable or disable cookies in your internet browser’s privacy settings. Most internet browsers also enable you to choose whether you wish to disable all cookies or only third party cookies. By default, most internet browsers accept cookies but this can be changed. For further details, please consult the help menu in your internet browser.

You can choose to delete cookies at any time however you may lose any information that enables you to access our site more quickly and efficiently including, but not limited to, personalisation settings.

It is recommended that you ensure that your internet browser is up-to-date and that you consult the help and guidance provided by the developer of your internet browser if you are unsure about adjusting your privacy settings.

Uses made of the information

We use information held about you in the following ways:

to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;

to provide you with information about other goods and services we offer that are similar to those that you have already purchased or enquired about;

to provide you, or permit selected third parties to provide you, with information about goods or services we feel may interest you. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about goods and services similar to those which were the subject of a previous sale or negotiations of a sale to you. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this. If you do not want us to use your data in this way, or to pass your details on to third parties for marketing purposes, please tick the relevant box situated on the form on which we collect your data;

to notify you about changes to our service;

to enable or facilitate the exercise of our rights under our terms of use;

to comply with any legal obligations;

to enable the proper maintenance and operation of our site;

to allow us to consider your comments, queries and suggestions and respond, if necessary;

to ensure that content from our site is presented in the most effective manner for you and for your computer;

to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;

to improve our site to ensure that content is presented in the most effective manner for you and for your computer;

to allow you to participate in interactive features of our service, when you choose to do so;

as part of our efforts to keep our site safe and secure;

to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;

to make suggestions and recommendations to you and other users of our site about goods or services that may interest you or them.

We may combine information about you that we receive from other sources with information that you give to us and information that we collect about you and may use this information and the combined information for the purposes set out above (depending on the types of information we receive).

Disclosure of your information

We may share your information with selected third parties including:

Business partners, suppliers (including our delivery service providers who may be based outside of the European Union) and sub-contractors for the performance of any contract we enter into with them or you;

And analytics and search engine providers that assist us in the improvement and optimisation of our site. We may disclose your personal information to third parties:

in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;

if BAY-ONE FOR AFRICA LIMITED or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets; and

if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use or terms and conditions of supply and other agreements; or to protect the rights, property, or safety of BAY-ONE FOR AFRICA LIMITED, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

Where we store your personal data

The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff may be engaged in, among other things, the fulfilment (including delivery) of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

Third party personal data

Where you submit information regarding another person, you confirm that they have consented to you acting for them and to the processing of their personal data, and that you have informed them of our identity and the content of our terms of use and this policy, including the purposes for which their personal data will be processed by us and that they have explicitly consented to our use and processing of their personal data (including sensitive personal data).

Our terms of use and this policy will apply to any such third party personal data in the same manner that they apply to your own personal data.

Your Rights

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at support@bay.one.

Our site may, from time to time, contain links to and from the websites of third parties including without limitation third party suppliers, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

Access to information

The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

Changes to our privacy policy

Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our privacy policy.

Contact

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to support@bay.one.

Payment transactions

We do not store your credit card details.

If you choose to pay for the Service using a Credit Card, your credit card details are not stored by us, and they cannot be accessed by our staff.

Your credit card details are encrypted and securely processed by Paypal.

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.

Standards

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 Internet Explorer 8*: www.microsoft.com

Mozilla Firefox 4*: www.mozilla.com

Google Chrome 9*: www.google.com

Apple Safari 5*: www.apple.com

* and above

Exceptions

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.