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You shall not engage in any activity directly or indirectly which undermines the integrity of
the computer systems, networks and/or other electronics of Beconcepts Designs and/or of other
users of Beconcepts Designs. You shall not gain and/or attempt to gain unauthorized and/or
unlawful access to Beconcepts Designs’s computer systems and networks and/or any and all data
or information therein. You agree to use Beconcepts Designs for your personal use only and shall
in no event use any or all of the information, text, images, graphics, video clips, sound,
directories, files, databases, listings etc. obtained on or through Beconcepts Designs for
commercial purposes of any sort, nor for copying, reproducing, downloading, compiling
whether directly, indirectly. Use of any content on Beconceptsdesigns.co.za for purposes other
than appearing in these Terms is prohibited.
YOUR ACCOUNT
You are responsible for maintaining the confidentiality of your account information and
password on Beconcepts Designs.co.za You are also responsible for restricting access to your
computer, and you agree to accept responsibility for all activities that occur under your
account or password. Beconcepts Designs does sell products for children. Adults can purchase
products through Beconceptsdesigns.co.za with a credit card or other permitted payment
method. If you are under 18, you may use Beconcepts Designs only with involvement of a parent
or guardian. Beconcepts Designs reserves the right to refuse service, terminate accounts, remove
or edit content, or cancel orders in its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND
OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; and submit suggestions,
ideas, comments, questions, or other information, so long as the content is not illegal,
obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property
rights, or otherwise injurious to third parties or objectionable and does not consist of or
contain software viruses, political campaigning, commercial solicitation, chain letters, mass
mailings, or any form of "spam." You may not use a false e-mail address, impersonate any
person or entity, or otherwise mislead as to the origin of any content. Beconcepts Designs
reserves the right (but not the obligation) to remove or edit such content, but does not
regularly review posted content.
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If you do post content or submit material, and unless we indicate otherwise, you grant
Beconcepts Designs a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable
right to use, reproduce, modify, adapt, publish, translate, create derivative works from,
distribute, and display such content throughout the world in any media. You grant
Beconcepts Designs and sublicensees the right to use the name that you submit in connection with
such content, if they choose. You represent and warrant that you own or otherwise control
all of the rights to the content that you post; that the content is accurate; that use of the
content you supply does not violate this policy and will not cause injury to any person or
entity; and that you will indemnify Beconcepts Designs for all claims resulting from content you
supply. Beconcepts Designs has the right but not the obligation to monitor and edit or remove any
activity or content. Beconcepts Designs takes no responsibility and assumes no liability for any
content posted by you or any third party.
INDEMNITY
You hereby agree to indemnify and save Beconcepts Designs, our affiliates, directors, officers and
employees harmless, from any and all losses, claims, liabilities (including legal costs on a full
indemnity basis) which may arise from such your use of Beconcepts Designs or Services (including
but not limited to the display of your information on Beconcepts Designs) or from your breach of
any of the Terms. You hereby further agree to indemnify and save Beconcepts Designs, our
affiliates, directors, officers and employees harmless, from any and all losses, damages,
claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or
indirectly, as a result of any claims asserted by Third Party Rights claimants or other third
parties relating to information about such third parties and/or any of their goods and/ or
services. You also agree further that Beconcepts Designs is not responsible and shall have no
liability to you, for any material posted by others, including defamatory, offensive or illicit
material and that the risk of damages from such material rests entirely with you.
Beconcepts Designs reserves the right, at our own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, in which event you shall
cooperate with Beconcepts Designs in asserting any available defenses.
COPYRIGHT COMPLAINTS
Beconcepts Designs respects the intellectual property of others. If you believe that your work has
been copied in a way that constitutes copyright infringement, please contact us.
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RETURNS AND REFUNDS POLICY
Please refer to our Returns and Refunds Policy for more information.
CUSTOM PRODUCTS ORDERS VS STANDARD
PRODUCT ORDERS
You can order two different type of products on our platform.
STANDARD PRODUCT ORDERS
Our standard products are those products you can order directly from our platform. You
can choose between standard sizes, our standard colour and fabric ranges and/or our
material options. We have these products either in stock or they will be made to order
within 4-6 weeks. Your standard product order can be exchanged and/or returned. Please
refer to our returns and refunds policy for our exact terms regarding this matter.
CUSTOM PRODUCT ORDERS
Beconcepts Designs offers the option to custom make items on request. You can choose your
own dimensions, your own colour, your own materials and/or choose your own fabric.
However, your custom made product order cannot be exchanged or returned. If there is an
error Beconcepts Designs will rectify the fault. Please refer to our returns and refunds policy for
our exact terms regarding this matter.
Our average lead time for custom made orders is 6-10 weeks. We require a 60% deposit
payment to confirm your order. Prior delivery, we require you to pay the remaining
balance. If you are not in the position to pay the remaining balance at the moment your
order is ready, we suggest a payment plan of 8 weeks. Failure to pay as agreed will result in
cancellation, and 50% cancellation fee will be charged as handling fee.
PRODUCT DESCRIPTIONS
Beconcepts Designs endeavors to be as accurate as possible, however mistakes happen.
Beconcepts Designs does not warrant that Standard Product descriptions or other content on
Beconcepts Designs is accurate, complete, reliable, current, or error-free. If a Standard Product
offered by Beconcepts Designs is not as described, your sole remedy is to return the product it in
unused condition according to the Returns Policy.
PRICING ON Beconcepts Designs
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Except where noted otherwise, the Retail Price, displayed for products on
Beconceptsdesigns.co.za represents the full retail price including VAT listed on the product itself,
suggested by the manufacturer or supplier, or estimated in accordance with standard
industry practice; or the estimated retail value for a comparably featured item offered
elsewhere. Despite our best efforts, a small number of the items in our catalog may be
mispriced. If the correct price of an item sold by Beconcepts Designs is higher than our stated
price (of items not on sale), we will, at our discretion, either contact you for instructions
before shipping or cancel your order and notify you of such cancellation. Prices on
Beconceptsdesigns.co.za are subject to change without notification.
DELIVERIES
Delivery timeframes communicated by Beconcepts Designs are estimates and dependent on many
factors beyond its control, including but not limited to production delays, shipping delays,
government delays and forces of nature. In no event shall Beconcepts Designs be liable for
deliveries going beyond the estimated timeframe.
FORCE MAJEURE
Beconcepts Designs shall in no event be held responsible for delay and/or non-provision of the
Services or Products, or unavailability of the Platform for any reason whatsoever including
but not limited to events beyond the reasonable such as Internet failures, computer,
telecommunications or any other equipment failures, electrical power failures, strikes, labor
disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood,
storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign
courts or tribunals or non-performance of third parties.
TAXES
Beconcepts Designs is a registered VAT vendor.
It will be the sole responsibility of the Manufacturer to ensure that compliance with any and
all tax laws have been adhered to. All products on Beconceptsdesigns.co.za represent the full
retail price including VAT.
APPLICABLE LAW
These Terms and our relationship and/or any dispute arising from or in connection with
these Terms shall be governed and interpreted in accordance with the laws of the Republic
of South Africa. Your continued use of the Beconcepts Designs Platform will constitute your
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consent and submission to the jurisdiction of the South African courts regarding all
proceedings, transactions, applications or the like instituted by either party against the
other, arising from any of these Terms.
In the event of any dispute arising between you and Beconcepts Designs, you hereby consent to
the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng,
Johannesburg) notwithstanding that the quantum in the action or proceedings may
otherwise fall below the monetary jurisdiction of that court.
Nothing in this clause or the Terms limits your right to approach any court, tribunal or
forum of competent jurisdiction in terms of the CPA.
MISCELLANEOUS
Approvals and consents
Unless this agreement expressly provides otherwise, a party may give or withhold an
approval or consent in that party's absolute discretion and subject to any conditions
determined by the party. A party is not obliged to give its reasons for giving or withholding
a consent or approval or for giving a consent or approval subject to conditions. Where this
agreement refers to a matter being to the "satisfaction" of a party, this means to the
satisfaction of that party in its absolute discretion.
Assignments and transfers
A User must not assign or transfer any of its rights or obligations under this agreement, or
attempt to do so, without the prior written consent of each of the other parties.
Beconcepts Designs is entitled to transfer any rights and obligations to any third parties at its sole
and absolute discretion.
Entire agreement
This agreement and the policies and procedures set out on the Beconcepts Designs Platform from
time to time contain everything the parties have agreed in relation to the use of the
Beconcepts Designs Platform and membership of the Beconcepts Designs Community.
Exercise of rights
A party may exercise a right, power or remedy at its discretion, and separately or
concurrently with another right, power or remedy. A single or partial exercise of a right,
power or remedy by a party does not prevent a further exercise of that or any other right,
power or remedy and failure by a party to exercise, or delay by a party in exercising a right,
power or remedy does not prevent its exercise. Except where expressly stated to the
contrary in this agreement, the rights of a party under this agreement are cumulative and
are in addition to any other rights available to that party whether those rights are provided
for under this agreement or by law.
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No adverse construction
No term or condition of this agreement will be construed adversely to a party solely on the
ground that the party was responsible for the preparation of this agreement or that
provision.
Severability
Each provision of this agreement is individually severable. If any provision is or becomes
illegal, unenforceable or invalid in any jurisdiction it is to be treated as being severed from
this agreement in the relevant jurisdiction, but the rest of this agreement will not be
affected. The legality, validity and enforceability of the provision in any other jurisdiction will
not be affected.
Time of essence
Time is of the essence for the performance by each party of its obligations under this
agreement.
Waivers
A waiver or relaxation of any right, power or remedy under this agreement must be in
writing signed by the party granting it. A waiver only affects the particular obligation or
breach for which it is given. It is not an implied waiver of any other obligation or breach or
an implied waiver of that obligation or breach on any other occasion. The fact that a party
fails to do, or delays in doing, something the party is entitled to do under this agreement
does not amount to a waiver.
Release
You release Beconcepts Designs (and Beconcepts Designs’s officers, directors, agents, subsidiaries, joint
ventures and employees) from any and all claims, demands and damages (actual and
consequential) of every kind and nature, known and unknown, suspected and unsuspected,
disclosed and undisclosed, arising out of or in any way connected with disputes with one or
more Users, or an outside party.
Variation
To the extent permitted by law, Beconcepts Designs is permitted to revise these Terms at any time
as it sees fit, without prior notice to a User, and any revisions will take effect when posted
on the website, unless a later date is stated in the revised Terms. A User’s continued use of
this website will be construed as a User’s consent to the amended or updated Terms, and
will be conditional upon the Terms in force at the time of use. A User’s only remedy, should
such User not agree to these amended Terms, is to stop the use of this Website.
Breach
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If either Beconcepts Designs or the User commits a breach of these Terms and fails to remedy such
breach within 7 (seven) days of receipt of written notice requiring the breach to be remedied,
then the party giving notice shall be entitled, at its option, either to cancel these Terms and
claim damages or alternatively to claim specific performance of all the defaulting party’s
obligations, together with damages, if any, whether or not such obligations have fallen due for
performance.
Disputes
In the event of any dispute or difference arising between Beconcepts Designs and the User relating
to or arising out of these Terms, including the implementation, execution, interpretation,
rectification, termination or cancellation of these Terms, Beconcepts Designs and the User or any
of their designated officials shall upon request by the other meet to attempt to settle such
dispute or difference, and failing settlement within a period of 7 (seven) business days from
such a request, the said dispute or difference shall on demand by either Beconcepts Designs or the
User be submitted to arbitration in Johannesburg in accordance with the Rules of the
Arbitration Foundation of Southern Africa by an arbitrator or arbitrators appointed by the
Foundation.
Beconcepts Designs and the User irrevocably agree that the decision in any arbitration proceedings:
will be binding on both of them;
will forthwith be carried into effect;
may be made an order of any court of competent jurisdiction.
Nothing herein contained shall be deemed to prevent or prohibit either Beconcepts Designs or the
User from applying to the appropriate court for urgent relief.
Survival
Clauses which out of necessity or by implication herein survive termination of these Seller
Terms of Service, shall remain in full and effect despite the termination hereof.
Domicilium Citandi Et Executandi and Contact Information
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Beconcepts Designs and the User choose as their respective domicilium citandi et execute and for the
purpose of legal proceedings and for the purpose of giving or sending any notice provided for
or necessary in respect of these terms as follows:
Any notice given in terms hereof shall be in writing and shall, if delivered via email, on the
date of dispatch, if delivered by hand, be deemed to have been duly received by the addressee
on the date of delivery; and if delivered by an internationally recognised courier service, be
deemed to have been received by the addressee 3 (three) business days after despatch.
Notwithstanding anything to the contrary contained in these Terms, a written notice or
communication actually received by a party from another shall be adequate written notice or
communication to such party.
DISCLAIMER
The use of the Beconcepts Designs Platform is entirely at your own risk and you assume full
responsibility for any risk or loss resulting from use of the Beconcepts Designs Platform or
reliance on any information on the Beconcepts Designs Platform.
Whilst Beconcepts Designs takes reasonable measures to ensure that the content of the
Beconcepts Designs Platform is accurate and complete, Beconcepts Designs makes no representations
or warranties, whether express or implied, as to the quality, timeliness, operation, integrity,
availability or functionality of the Beconcepts Designs Platform or as to the accuracy,
completeness or reliability of any information on the Beconcepts Designs Platform. If any such
representations or warranties are made by Beconcepts Designs’s representatives, Beconcepts Designs
shall not be bound thereby.
Beconcepts Designs disclaims liability for any damage, loss or expenses, whether direct, indirect or
consequential in nature, arising out of or in connection with your access to or use of the
Beconcepts Designs Platform and/or any content therein unless otherwise provided by law.
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Any views or statements made or expressed on the Beconcepts Designs Platform are not
necessarily the views of Beconcepts Designs, its directors, employees and/or agents.
In addition to the disclaimers contained elsewhere in these Terms, Beconcepts Designs also makes
no warranty or representation, whether express or implied, that the information or files
available on the Beconcepts Designs Platform are free of viruses, spyware, malware, trojans,
destructive materials or any other data or code which is able to corrupt, destroy,
compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the
operation, stability, security functionality or content of your computer system, computer
network, hardware or software in any way. You accept all risk associated with the existence
of such viruses, destructive materials or any other data or code which is able to corrupt,
compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the
operation or content of a computer system, computer network, any handset or mobile
device, or your hardware or software, save where such risks arise due to the gross
negligence or willful misconduct of Beconcepts Designs, its employees, agents or authorised
representatives. Beconcepts Designs thus disclaims all liability for any damage, loss or liability of
any nature whatsoever arising out of or in in connection with your access to or use of the
Website.
Beconcepts Designs is not responsible for any remarks, information or other content posted or
made available on the Beconcepts Designs Platform by any User, even if such content is
defamatory or otherwise legally actionable. Beconcepts Designs is not responsible for and does
not monitor or censor content for accuracy or reliability (although it reserves the right to
remove any content at any time without giving any reason).
GLOSSARY
We've used a number of definitions in these Terms to make them easier to read. When any
of the following terms are used in these terms, unless it's very clear that the intention was
different, they will have the following meanings:
“Account” means a User’s account, as a customer, as the case may be, on the Beconcepts Designs
Platform, which is associated with a User’s Profile, their communications using the
Beconcepts Designs Platform and all transactions and interactions on the Beconcepts Designs Platform;
“Beconcepts Designs Community” means you and anyone else who is eligible and agrees to be
bound by these Terms & Conditions;
“Beconcepts Designs Platform” means all the Services that are provided through
www.Beconceptsdesigns.co.za;
“Manufacturer” means Beconcepts Designs’s suppliers;
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“Retail Price” means the price including VAT (but excluding delivery and/or installation) on
Beconceptsdesigns.co.za
“Services” means the services provided by Beconceptsdesigns.co.za
“Standard Product” means the products on Beconceptsdesigns.co.za
“Terms” means this document
“User” means any person who participates in the Beconcepts Designs Community;