TERMS AND CONDITIONS

  1. INTRODUCTION

    1. This website can be accessed at www.bumbo.co.za (the Website). The Website is owned and managed by Bumbo Distribution South Africa (Pty) Ltd (Registration No. 2015/298807/07) (Bumbo SA). The online store which is a feature of the Website (the Store), is operated by Bumbo SA. 
    2. These terms and conditions (the Terms) are binding on any person who accesses or uses the Website or any mobile applications that may be made available by Bumbo SA (the User). By entering the Website and/or ordering products through the Website, the User agrees to be bound by and shall be deemed to have accepted these Terms, which the User acknowledges to have read and understood. If the User does not agree to any of the Terms, the User should not enter, view or conduct any transaction on the Website. 
    3. The Website enables a User to shop online for an extensive range of items, including infant seating products, bathroom aids and accessories and have them delivered door-to-door within certain areas in South Africa. All Users will be able to view the products on offer and purchase products on the Website. 
  2. PLACING AN ORDER

    1. Only persons aged 18 years and over, who are legally entitled to do so, are permitted to place orders on the Website. 
    2. Bumbo SA will not deliver goods to addresses outside South Africa. 
    3. By placing an order, the User represents and warrants that:
      1. the User is legally capable of entering into binding contracts; 
      2. the User is at least 18 years of age; and 
      3. the User agrees to be bound by these Terms. 
        By doing so, the User accepts that
        Bumbo SA will rely on the User’s representation that the User has unfettered legal
        capacity to contract and that the User is over 18 years of age.
    4. Before proceeding to finalise an order, the User will be given an opportunity to review and, if required, correct the contents of the User’s order as well as any information or addresses provided. Upon finalising this process, notification thereof will be sent to Bumbo SA and the User’s order will only be deemed to be accepted once Bumbo SA has processed such order and sent the User a confirmatory email (Order Confirmation). The Order Confirmation will contain an order reference number and details of the product(s) for which the order has been accepted. 
    5. Bumbo SA may at its discretion refuse to accept an order for any reason and the User may elect to cancel the order at any time prior to the acceptance of the order by Bumbo SA. If an order is rejected or cancelled in terms of these Terms, Bumbo SA will promptly refund any payment already made by the User in respect of the order. 
    6. The products and prices displayed on the Website are only valid while stocks last and the prices displayed are subject to validation by Bumbo SA during the acceptance procedure. If the price for the order changes before an order is accepted, the User will be requested to confirm acceptance of the amended price.
    7. Bumbo SA will in no way be held liable to provide a product at an incorrect or expired price or where the product concerned is no longer in stock or available. 
    8. The products described or graphically represented on the Website may differ in colour, shape, form, design, contents and appearance from the final product delivered.
  3. DELIVERY

    1. Orders will only be shipped once Bumbo SA has received payment of the full purchase price for the goods and all charges and costs relating to the products.
    2. Bumbo SA offers free delivery on orders that exceed the minimum limit as published on the Website from time to time. In respect of orders that are less than such limit, Bumbo SA shall charge a non-refundable delivery fee. The delivery fee is dependent on the User’s delivery address and will be displayed during checkout. The estimated lead times for the delivery of products shall be stated on the Website from time to time. 
    3. Every reasonable effort is taken to ensure that the delivery costs displayed on the Website are correct at the time of purchase. However, if a delivery fee is incorrectly displayed, Bumbo SA will not be obliged to deliver products at an incorrect delivery fee. Bumbo SA shall only be liable to return payment already made by the User in the case they choose to cancel the sale once they have been made aware of the correct delivery fee. 
    4. Bumbo SA will not deliver any products to postal addresses (such as Post Office box addresses).
    5. Unless otherwise agreed or stipulated in the User’s order or on the Website, the User’s order will be delivered by the courier company specified by Bumbo SA from time to time, to the address provided by the User during the order process. In order to receive delivery of an order, the User must ensure that someone will be available at the delivery address between 08:00 and 17:00 on Business Days. (A BusinessDay is any day other than a Saturday, Sunday or official public holiday in the Republic of South Africa.) The User will be responsible for any additional fees that may be charged by the courier if no one was available to receive delivery of the order at the address specified by the User.
    6. The User acknowledges that Bumbo SA shall rely on the accuracy of the delivery address as provided by the User. Bumbo SA does not verify the accuracy of any particulars of a delivery address provided by the User. The User shall check the accuracy of the delivery address every time when placing an order. Bumbo SA shall not be liable for any costs, loss, damages or claims incurred by the User relating to an inaccurate or incorrect delivery address provided by the User.
    7. Bumbo SA will liaise with the courier company to ensure delivery takes place within the estimated lead time specified in the Order Confirmation. However, Bumbo SA shall not be held liable for any delay in delivery caused by the courier company. Bumbo SA aims for the courier company to deliver within 3 to 7 (three to seven) working days of the acceptance of an order. However, the size and quantity of an order as well as the distance between Bumbo SA and the delivery address provided, amongst other circumstances, may require a longer period for delivery. The User will be notified from time to time of any anticipated delays with delivery and, in such circumstances, the updated delivery time will substitute and take preference over the delivery time stipulated in the confirmatory email or reflected on Bumbo SA’s invoice. Delivery of special deals from Bumbo SA (Special Deals) that may be ordered by a User may take 10 to 15 (ten to fifteen) working days to deliver, given that such Deals are only sourced from the supplier once the respective deal has officially closed. 
    8. It may not be possible for Bumbo SA to deliver to certain locations. In such an event, the User will be informed during the order process or Bumbo SA will inform the User and require the User to nominate an alternative delivery address or to elect to cancel the order. 
    9. Ownership of products ordered will pass to the User upon Bumbo SA receiving full payment for such products. Risk in respect of ordered products will pass to the User once collected from Bumbo SA’s premises by the relevant courier, except where delivery is delayed due to a breach of the User’s contractual obligations in terms of these Terms, in which case risk shall pass at the date on which delivery would have occurred but for the breach. 
    10. Orders are covered by the courier’s insurance, subject to the terms and conditions of such insurance. If products are lost or damaged in transit, Bumbo SA will not be liable for such loss or damage. Despite this, Bumbo SA may, in its sole discretion, choose to refund or replace lost or damaged products. However, such refund or replacement will not cause Bumbo SA to be liable for the loss or damage and/or create any obligations for Bumbo SA in relation to such loss or damage. h
    11. Bumbo SA will not be responsible for any damage caused by the User when opening the product or otherwise. 
    12. If delivery is delayed through the User’s unreasonable refusal to accept delivery, or if the User fails to accept delivery of the order within two weeks of Bumbo SA’s first attempt to deliver the order, Bumbo SA may, without detracting from any other remedy at their disposal:
      1. charge a reasonable storage fee and other costs reasonably incurred; or
      2. no longer make the order available for delivery, notify the User that the order has been
        cancelled and refund any payment already paid to Bumbo SA, less reasonable administration
        charges. 
  4. CANCELLATION 

    1. Bumbo SA reserve the right, for purpose of suspected fraud, to refuse to accept or process payment on any order, and/or to cancel any sale concluded with a User, in whole or in part, for any reason. Bumbo SA will notify the User of its decision in this regard and refund any payment which has been received. The refund will be conducted by the same method in which payment was received. Bumbo SA accepts no liability which may arise as a result of such refusal to process payment on an order and/or cancellation of a sale.
    2. The User is entitled to cancel an order within 7 (seven) days of receipt of the product(s) and receive a full refund within 30 (thirty) days of cancellation, provided that:
      1. the product is undamaged, unused and any and all labels and stickers remain attached;
      2. the product is in the original packaging, original condition and any and all labels,
        accessories and swing tags remain intact; 
      3. the returned product is accompanied with the User’s proof of payment in respect of
        such product.
    3. In order to cancel an order, the User must send an email to
      customerservice@bumbo.co.za, after which Bumbo SA will confirm receipt of the request to cancel the order. The User shall be liable for all costs of returning the goods to Bumbo SA in terms of this clause 4.2. 
    4. If a User exercises this cancellation right, the products must be returned to Bumbo SA immediately as set out in the Returns Policy. The User is entitled to a reasonable opportunity to inspect the products but is required to take care of the products and keep the products in the User’s possession. If the User breaches any obligations to take reasonable care in terms of these Terms, Bumbo SA will have a claim against the User and may deduct from the refund costs incurred as a result of the breach. 
    5. No cancellation fees shall apply, but delivery fees and cash handling fees are non-refundable. 
    6. The User is responsible for inspecting ordered products upon arrival. If, upon delivery, it appears that a product has been opened and/or is clearly damaged, the User must bring this to the attention of Bumbo SA by logging a return online. Upon inspection and subject to Bumbo SA’s sole discretion, Bumbo SA may repair or replace the product should the User request same.
    7. The User is entitled to return an order within 7 (seven) days after receiving delivery thereof, provided that the requirements set out in clause 4.2 are met and a return is logged within 7 days of delivery and in accordance with the Returns Policy. After 30 (thirty) days Bumbo SA will not be able to accept a return unless the product is defective as specified in the Returns Policy.
    8. If a product is returned in accordance with these Terms, Bumbo SA will, following receipt and examination of such product, reimburse the User with the purchase price paid by the User for the product, excluding any applicable delivery costs and/or charges. The User will be responsible for the costs of returning the products to Bumbo SA. The risk of loss of or damage to the products will remain with the User until the products have been received by Bumbo SA. No provision stated in these Terms regarding Bumbo SA’s cancellation and returns policy will affect nor be interpreted to deny the User any of the User’s unalterable statutory rights, to the extent applicable. If and to the extent that the Consumer Protection Act, 2008 (CPA) applies, Users shall be entitled to return products that have material defects in accordance with the CPA’s provisions.
    9. Please read the Returns Policy for more information on returns and defective products.
  5. PRICES

    1. The price of any product will be the price quoted on the Website in respect of any particular product. All prices shall only apply during the validity period stated on the Website and shall only be valid once the order has been processed and confirmed by Bumbo SA in accordance with the provisions of clause 2.4. If the price for a product no longer appears on the Website, such product shall no longer be available for purchase at that price.
    2. All prices quoted on the Website are listed in South African Rands (ZAR) and will be inclusive of value added tax imposed in terms of the Value Added Tax Act, 1991 (
      VAT) and any other applicable taxes, but will exclude delivery charges.
    3. Delivery charges, fees and other related costs will be quoted and added to the total amount owing during the order process and the User will be given an opportunity to review and, if necessary, edit the products to be purchased, the listed quantities of such products before proceeding to finalise the order.
    4. Under no circumstances will Bumbo SA be held liable to provide a product which is out of stock or at an outdated or expired price.
    5. Price changes shall not affect a User who has already received a confirmatory email from Bumbo SA pursuant to his order.
    6. All errors and omissions are excepted.
    7. Prices displayed for products on the Website only apply to products sold through the Website. Prices displayed on the Website do not necessarily apply to products sold in stores. 
  6. PAYMENT

    1. The User can make payment for products using the payment methods that are available on the Website from time to time. The User must use a single payment method in order to pay for an order and multiple payment methods cannot be used (for example, a User may not pay by credit card and electronic funds transfer for an order). 
    2. When making payment, the User undertakes to pay the final purchase price (including VAT and any and all courier costs and other charges reflected in the confirmatory e-mail). By making payment from an account the User warrants that they are entitled to use that account and that the account contains sufficient funds to cover the proposed payment. Bumbo SA will not accept any payment by cheque. 
    3. Notwithstanding any other clause contained in these Terms, Bumbo SA shall have no duty to deliver any product until the User’s payment has been cleared by the relevant bank and has become available in Bumbo SA’s bank account.
    4. The User’s order will be cancelled immediately where payment is not processed by the relevant bank and credited to Bumbo SA’s bank account.
    5. When a User returns a purchase, the specified amount will be credited back to the User’s bank account from which the payment was originally made, except where payment was made with a voucher, in which case the User will be reimbursed by means of credit on their account.
    6. Only those Users who have registered an account are able to view their full transaction and purchase history for the entire period of such registration.
  7. ONLINE PAYMENTS

    1. Bumbo SA makes use of the 3D-Secure authentication system to verify cardholder details with the appropriate bank (not applicable to mobile channels). This system links the User directly to the bank via a secure link. The transaction then takes place within the bank’s secure environment and Bumbo SA will not have access to the User’s card details. The User’s card details will only be accessible to Bumbo SA’s PCI compliant payment service provider. 
    2. Online payments are processed by third party payment service providers. Bumbo SA has no involvement in or control over the payment service provided by them. To the fullest extent permitted by law, Bumbo SA shall not be liable to the User for any damage or loss suffered or incurred by the User relating to the actions or omissions of such service providers or through the use of their payment services.
    3. By making online payments relating to the Website, Users consent to the use and retention of their card details.
    4. Bumbo SA is the merchant of record and responsible for the contents of these Terms and the processing and fulfilment of orders, customer service, resolution of disputes. 
  8. COUPON CODES 

    1. Coupon codes may be issued electronically in Bumbo SA’s sole discretion. Users do not have a right to coupon codes, and coupon codes cannot be earned. Coupon codes are issued under specific terms and conditions regulating when and how they may be used. Coupon codes are issued for limited validity time periods. Coupon codes can be used to secure a discount on the Website, provided that the coupon code is valid and has not expired.
    2. Some coupon codes may be subject to a minimum spend requirement or other conditions, as communicated in the information accompanying the coupon code.
    3. To utilise a coupon code and claim the applicable discount in respect thereof, a User must insert the relevant discount code into the coupon code box provided at check out.
    4. Returns will be refunded at the actual rand value paid per item after the respective coupon code discount is applied. The value of the coupon code will be set off against the value of the shopping cart and the balance remaining, if any, will be payable to the User. 
    5. Coupon codes are not valid on any discounted items and coupon codes may not be used in conjunction with any other offers on the Website. 
    6. Coupon codes cannot be exchanged for cash and the full value must be utilised by a User. 
    7. In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with a coupon codepurchase on the Website, Bumbo SA shall be entitled to close a User’s Account and/or require a different means of payment. Bumbo SA assume no liability for the loss, theft or illegibility of coupon codes.
  9. PRODUCT WARRANTIES AND LIABILITY

    1. Bumbo SA makes no warranties or representations in respect of products sold to Users, other than as set out in its Product Warranty
    2. To the fullest extent permitted by law, Bumbo SA shall not be liable for any damages, injury, loss, cost or expense suffered or incurred by Users as a result of products sold by Bumbo SA.
    3. To the extent permitted by law, the User indemnifies and holds Bumbo SA, its officers, employees, agents and contractors harmless against all claims, liability, injury, losses, costs, expenses and penalties arising from or related to the products sold by Bumbo SA or the use of such products. 
  10. LIABILITIES REGARDING USE OF THE WEBSITE 

    1. The User makes use of this Website at their own risk. 
    2. The Website and all information, content, materials and services included or otherwise made available to the User therein are provided on an “as is” and an “as available” basis. Bumbo SA makes no warranties or representations of any kind, express or implied, as to the operation of this Website or the available information, content, materials or services included on or otherwise made available to the User.
    3. To the extent permitted by law, the liability of Bumbo SA for losses suffered as a result of any breach of these Terms shall be strictly limited to the purchase price of the product or products purchased by any User.
    4. Notwithstanding anything to the contrary contained in these Terms, Bumbo SA shall have no liability for any loss, damage, cost, claim or penalty of whatsoever nature including, but not limited to, indirect and consequential loss or damage and loss of profits, however arising out of or in connection with these Terms or the Website, whether caused by latent or patent defects in the Website, the use of the Website and/or information contained on the Website or otherwise.
    5. The User assumes all responsibility and risk for the use of the Website. The User hereby indemnifies Bumbo SA and holds it harmless against any and all liability, loss, damage, penalty, cost or claim of any nature whatsoever suffered by him or any third party in relation to any act or omission by the User or, where applicable, the User’s shareholders, members, directors, officers, employees, representatives, agents or assigns or any third party in relation to the Website and the use thereof by the User, and/or arising from the provisions of these Terms.
    6. Bumbo SA will not be held liable for any delay, failure, breach or non-compliance with its obligations under these Terms if such delay, failure, breach or non-compliance is beyond the reasonable control of Bumbo SA. 
    7. These Terms do not intend to, nor shall they be interpreted to, limit the liability of Bumbo SA in any way which would be illegal for Bumbo SA to exclude or attempt to exclude or where such exclusion is prohibited by the Consumer Protection Act, 2008 or the Electronic Communications and Transactions Act, 2002, or any other law in force from time to time in the Republic of South Africa.
  11. WEBSITE USE

    1. The User may not use, reproduce, adapt, distribute, publish or in any other way deal or interfere with the Website’s contents without the prior written consent of Bumbo SA. 
    2. Bumbo SA reserves the right to make any changes to the Website, its content and/or products offered through the Website at any time and without prior notice.
    3. Content published on the Website reflects the views of the author and does not necessarily constitute the official opinion of Bumbo SA unless otherwise stated. Any commentary, advice, information, suggestions, opinions, answers or any other information posted on the Website is not intended to nor shall it be interpreted to amount to advice on which reliance should be placed and are posted merely for guidance purposes only. The User makes use of any such information at their own risk and in their own discretion and disclaims and indemnifies Bumbo SA from and against any and all liability and responsibility arising from any reliance placed on such information whether posted on the Website or by any other person visiting the Website.
    4. No content that is illegal, unlawful, obscene, defamatory, discriminatory, disparaging of others, derogatory, inflammatory, harassing, insulting, offensive or likely to promote violence or hatred against others or that contains abusive, offensive or profane language may be posted on the Website nor may such content be associated in linking to the Website.
    5. Any material uploaded by the User to the Website will be deemed to be non-confidential and in uploading such material the User cedes and assigns all rights in such material to Bumbo SA. Bumbo SA shall be free to copy, adapt, distribute and disclose to third parties any such material for any purpose in any form throughout the world in perpetuity. The User waives any moral rights that it may have in such material.
    6. The Website may contain links to other websites. Bumbo SA has no control over such websites, does not review their content and will not be liable for their content or accuracy. The User accesses such websites at the User’s own risk and discretion.
    7. The User may link to this Website, provided that the User will not replicate any particular page, including the homepage. When linking to this Website, the User confirms and agrees that it will comply and ensure compliance with the requirements of this clause 11. 
    8. Although every effort will be made to have this Website available at all times, the Website may become unavailable for reasons including (without limitation) maintenance or repairs, loss of connectivity or some other form of interruption. Bumbo SA does not warrant against nor will it be held liable for such downtime and the User indemnifies Bumbo SA against any loss, damage, claims, costs or penalties incurred as a result of such unavailability.
    9. If the User chooses or is provided with identification codes, usernames, passwords or any similar form of identification information as part of the Website’s security systems, the User must keep this information secret and confidential and must not permit anyone else to use it. The User shall be responsible for all access to the Website with the User’s username and password. When the User’s username and password have been used in order to gain access to the Website, Bumbo SA shall be entitled to assume that such use and all related communications emanate from the User. Bumbo SA shall not be liable for any loss or damage arising from unauthorised use of the User’s identification information.
    10. In the event that the User becomes aware of a breach of the confidentiality of the User’s username and password, the User must immediately communicate this to Bumbo SA with subsequent confirmation in writing. The compromised username and password will be deactivated as soon as reasonably possible and a new username and password will be issued to the User. Bumbo SA may, in its sole and absolute discretion and for any reason whatsoever, require the User to change his username and password at any time. 
    11. If the User commits any breach of these Terms or in any other way interacts with or uses the Website in an unlawful or unauthorised manner, Bumbo SA shall be entitled, in its sole and absolute discretion, to terminate the User’s access to the Website immediately, without prior notice, without any liability on Bumbo SA’s part and without prejudice to Bumbo SA’s rights in terms of these Terms or at law. Following such termination, the User will forfeit the right to link to this Website as described in clause 11.7.
    12. By accessing the Website the User represents and warrants that he owns and/or otherwise controls all of the rights to the content that the User posts and/or uploads. Furthermore, the User represents and warrants that the content submitted to the Website is accurate, usable; and will not cause injury, defame any person or breach any clause of these Terms or any law. The User shall indemnify Bumbo SA from and against any and all loss by any person which results from a breach of these representations or warranties. 
  12. PROPRIETARY RIGHTS

    1. The User acknowledges that Bumbo SA and/or Buitendag Holdings Proprietary Limited (Registration No. 2013/235286/07) (BH) are the proprietors of any and all intellectual property subsisting in, pertaining to or used on the Website including, without limitation, patents, inventions, copyright, trade marks, goodwill and/or trade secrets (
      Intellectual Property) associated with, related to or appearing on the Website. 
    2. The content of the Website, including but not limited to any pictures, photos, text, presentations, names, titles, brands, drawings, models and associated software are protected by South African and international law. The owners of such content reserve all such rights therein unless provided otherwise in these Terms.
    3. The User undertakes:
      1. not to use or register any trade marks, trade names or other devices which are or
        incorporate marks which are the same as or confusingly similar to the Trade Marks or which
        marks are likely to be associated with the Trade Marks or where such use would take unfair
        advantage of or be detrimental to the distinctive character or the repute of the Trade
        Marks;
      2. not at any time to do or cause to be done any act or thing in any way impairing or tending
        to impair any part of the rights, title and interest in and to the Intellectual Property;
        and
      3. not in any way to make unauthorised use of the Intellectual Property or to represent that
        the User has any rights of any nature in the Intellectual Property or any registrations
        thereof.
    4. Without limiting the generality of the provisions of clause 12.3, the User undertakes not to make any unauthorised use, reproductions or copies of any work or material displayed or made available on the Website and agrees to adhere to and comply with all policies, conditions of use and rules that may apply to the use of such work or material.
    5. Bumbo and/or BH graphics, logos, page headers, button icons, scripts and service names are the property of Bumbo SA and/or BH. Bumbo and/or BH trade marks and trade dress may not be used in connection with any product or service that is not conducted by Bumbo SA or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Bumbo SA or any of its associated companies. 
    6. The User may not use any of the Intellectual Property without Bumbo SA’s prior written consent. All other trade marks not owned by Bumbo SA that appear on the Website are the property of their respective owners who may or may not be affiliated with, connected to, or sponsored by us. The User may not use such trade marks without prior written consent from the relevant owners.
  13. MALICIOUS SOFTWARE AND OFFENSES

    1. The User warrants that:
      1. the User will not use the Website in any way that causes, or is likely to cause, the
        Website and access to the Website to be interrupted, damaged or impaired in any manner;
      2. no form of virus, Trojans, worms, logic bombs, or other malicious coding, virus or
        software will be introduced onto the Website or into Bumbo SA’s systems which may
        cause any form of technological harm or any other form of harm in any manner or respect;
      3. the User will not attempt to gain unauthorised access to the Website, including through
        the theft of any third party’s username and password; and
      4. the User will not attempt to gain unauthorised access to the Website’s server,
        databases, computers or any other device associated with the Website and will not attack
        the Website through a denial-of-service attack or a distributed denial-of-service attack.
    2. Any breach of these Terms regarding malicious software and offenses will be reported to the relevant law enforcement agencies and Bumbo SA will co-operate in all respects with those law enforcement agencies, including by way of disclosure of the identity and identification information of the User.
    3. Although Bumbo SA and its representatives will use reasonable efforts to ensure that no malicious content can be received from the Website, Bumbo SA does not warrant that the Website is free of malicious content or viruses and Bumbo SA will not be held liable for any loss resulting from a distributed denial-of-service attack, or any malicious content as described in clause 13.1.2. which may infect any User’s computer or device, computer equipment, data or any other propriety material where such loss is or may be attributed to the User’s use of the Website or downloads received from the Website.
    4. The User warrants that they will not use the Website in any manner that will break any law enforceable in South Africa or cause any annoyance, unnecessary anxiety or inconvenience to any person.
  14. SUSPENSION AND DEREGISTRATION

    1. Bumbo SA reserves the right to at any time suspend or terminate the Website or any activity on the Website for any reason, including (without limitation) any misconduct or unlawful use of the Website by any User or for any reasons relating to any law, legislation or regulation. 
    2. In the event that the Website, any activity or event on the Website or any person’s purchase of any of the products offered for sale on the Website is suspended or terminated, a person shall have no claim against Bumbo SA for whatever reason.
  15. FORCE MAJEURE

  16. Neither the User or Bumbo SA shall be liable to the other for any delay or non-performance of its respective obligations under these Terms to the extent that performance is interrupted or prevented by any act or omission beyond its reasonable control. Such delay or non-performance will not be a breach of the Contract and the time for performance will be extended by the period during which performance is prevented.

  17. PRIVACY POLICY

  18. Bumbo SA’s Privacy Policy (Privacy Policy), which is incorporated into these Terms of Use by this reference, further describes the collection and use of information on this Website.

  19. ADDRESSES

    1. Each Party chooses the addresses set out opposite its name below as its addresses to which all notices and other communications must be delivered for the purposes of this Agreement and its domicilium citandi et executandi (“Domicilium”) at which all documents in legal proceedings in connection with this Agreement must be served:
      1. Bumbo SA: 212 Hardie Muller Street, Rosslyn, Pretoria, South Africa, with a copy emailed
        to info@bumbo.com (the sending of such copy being
        required in order for any notice to be considered validly delivered to Bumbo SA).
      2. The User: As per the address supplied when the User registered as a user of the Website.
    2. Any notice or communication required or permitted to be given to a Party pursuant to the provisions of this Agreement shall be valid and effective only if in writing and sent to a Party’s chosen address in accordance with the provisions of clause 17.1, provided that documents in legal proceedings in connection with this Agreement may only be served at a Party’s Domicilium.
  20. GENERAL

    1. If at any time there is a failure by Bumbo SA to insist on strict performance of any of the User’s obligations under these Terms and related contracts, this shall not be construed to be a waiver of such rights and shall not relieve the User from compliance with such obligations. A waiver of any one default is not to be interpreted as a condonation of any other or further defaults.
    2. Bumbo SA reserves the right to amend or delete any part of the Website, the related Terms and/or Privacy Policy and/or Returns Policy at any time and without prior notice. The User must review the Terms on a continual basis and remain up-to-date in respect of any changes.
    3. Special terms and conditions apply to all promotions and competitions run by Bumbo SA, which will be displayed on the Website from time to time.
    4. A full record of every sale and related transaction shall be maintained on the Website by Bumbo SA for a period of 12 months following the date of such sale or related transaction. Users will thus only be able to view and print such record during such period, whereafter users shall be responsible for retaining their own record of the relevant sales or related transactions.
    5. Any and all communications between the parties, whether legal or merely for notification purposes, correspondence or for any other reason will only satisfy any legal requirement if it is reduced to writing whether electronic or otherwise.
    6. If any provision in these Terms is held invalid, the remainder of these Terms shall continue to be enforceable. If any provision in these Terms is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms and the remaining provisions are still valid and enforceable.
    7. Nothing in these Terms or a contract between the User and Bumbo SA shall create or be deemed to create a partnership, agency or a relationship of employer and employee between the User and Bumbo SA.
    8. The User shall not assign, transfer, novate, charge, sub-contract, create any trust over or deal in any other manner with these Terms or a contract or any or all of the User’s rights under these Terms.
    9. No person who is not a party to these Terms or a contract shall acquire any rights under it or be entitled to any benefit of its terms, even if such person has relief on any such terms or has indicted to any party to these Terms or that contract its assent to any such term.
    10. Contracts for the purchase of products through the Website will be governed by and construed in accordance with the laws of the Republic of South Africa. Any dispute arising from, or related to, such contracts shall be subject to the non-exclusive jurisdiction of the courts of the Republic of South Africa.
  21. CONTACT DETAILS

  22. Bumbo SA’s Customer Service Centre can be contacted on 012-564 8900 or at
    customerservice@bumbo.co.za. Complaints should be described as fully as possible and where applicable, copies of the order, Order Confirmation or the order number should be provided. Should the complainant not receive a response within 5 (five) Business Days, the Customer Services Centre should be contacted to make further enquiries.

  23. DISCLOSURE OF INFORMATION

    1. Company: Bumbo Distribution South Africa (Pty) Ltd 
      Registration number: 2015/298807/07
      Physical address: 212 Hardie Muller Street, Rosslyn, Pretoria, South Africa
      Postal address: P O Box 3081, Rosslyn, Pretoria, 0200, South Africa
      Telephone number: +27 (0)12 564 8900
      E-mail address: info@bumbo.co.za 
      Website address: www.bumbo.co.za
      VAT number: 4580272237
    2. Bumbo SA will receive service of documents in legal proceedings at the above physical address.
    3. Place of registration: Republic of South Africa.
    4. Registration Date: 21 August 2015