Terms & Conditions
Please read these terms carefully before using or accessing a BeingIT® website or any content or material made accessible through a BeingIT® website (collectively, “the Websites”). By using or accessing a BeingIT® website, you agree to the terms herein.
The Websites are maintained by Being IT Solutions (PTY) LTD in order to provide information related to BeingIT®’s products and services. BeingIT® does not make any representations or warranties about the Websites and use of a Website is at your own risk. Please review these terms each time you visit or access a Website to ensure that you are aware of any changes.
Electronic Communications
You understand that an electronic communication refers to any form of communication that is provided electronically through the use of your desktop, tablet, mobile or similar computing device. You consent to the use of electronic communications with, to and from BeingIT® such as emails, push notifications, text messages, notices and messages through and on the Website, Crisper and any other BeingIT® product or service. You have the right to retain copies of these communications for your records. You agree that all communications electronically provided to you satisfy any legal requirements that such communications are done so in writing.
Copyright
You agree to not interfere or attempt to interfere or disrupt the way the site has been intended to work with any device, software or instrument. You agree not to use any process, manual or otherwise, to monitor, distribute, copy or modify the Website or information provided within it. This includes the refrain from the use of spiders, robots, and automation tools unless written consent from an authorised BeingIT® representative. You understand that you may not copy, print, post, publish or display the Website or any information within it unless specific consent has been given by an authorised BeingIT® representative. You understand that all website content including and not limited to software, data, information, icons, text, layouts, images, trade names, and designs that are displayed on the Website are protected by law, including but not limited to Copyright law, including Trademark law. You agree that all content is the property on BeingIT® and/or is licenced to BeingIT®. You understand that when BeingIT® has a licence or agreement with a third party, your rights are subject to any terms and conditions set by the third party or licensor. You understand that the third party or licensor does require you to comply with their terms and conditions.
License and Access
Your payment for any applicable fees, if in-line with the Terms and Conditions provided, grant you a limited, untransferable, inexclusive and non-sublicensable license to make use of BeingIT® services, commercial or otherwise. You understand that this license and its contents cannot be resold You understand that the license does not grant you ownership of any product information, descriptions, pricing or any other contents within BeingIT® or its Services.
Product Details
BeingIT® is not liable for any inaccurate or misleading information on the Website except where gross negligence or intended misconduct has occurred by an authorised BeingIT® representative. Users are encouraged to report possible inaccuracy via our official communication channels on our Contact page.
Liability
BeingIT® shall not be liable for loss or damage due to any direct, indirect, special, incidental or consequential occurrence through the reliance, use, inability to use, purchasing and inability to purchase and or any result which may occur due to the relation of a third party website. You agree to remit BeingIT® of all loss, damage or claims any direct, indirect, special, incidental or consequential occurrence through the reliance, use, inability to use, purchasing and inability to purchase and or any result which may occur due to the relation of a third party website.
Agreement of Sale
Validity of the agreement of sale can only be confirmed once payment has been received by BeingIT®. Until the agreement of sale occurs, the items remain the property of BeingIT®. The agreement of sale only occurs once BeingIT® or the Third Party Seller indicate the acceptance of the order by delivering the goods to you. This is in no way affected, under any circumstances, by any communication from BeingIT® confirming payment. BeingIT® or it’s Third party sellers can reject, cancel or refund any order without it constituting as an agreement of sale.
Availability of stock
BeingIT® has the right to accept or reject and order depending on the availability and accuracy of the information provided, including but not limited to price and estimated delivery. Adding an item to your wishlist or cart does not constitute as a purchase or placed order and therefore may be removed by BeingIT® should stock no longer be available or if the item is required elsewhere. You accept that product prices and stock levels are subject to change at any given time and without notice to you. You understand that stock is limited and that BeingIT® cannot guarantee availability of stock. It is possible for goods to become unavailable after you have placed an order and if such an instance occurs BeingIT® will proceed with the appropriate action. Where there are goods being sold by a third party, you accept that the inventory information provided to BeingIT® relies on the accuracy of the Third Party’s supplied information and therefore cannot in any way hold BeingIT® accountable for inaccuracies. You understand that should any items that have been ordered through a third party be sold out upon ordering, any resulting dispute shall not include BeingIT® and should be resolved between you and the third party seller, your rights being set out by these Terms and Conditions. Selected items may not be purchased for the purpose of resale or profit. If BeingIT® suspects this is occurring, BeingIT® has the right to cancel your order and suspend your account. For enquiries regarding the Pre-order system, view our Help Center.
Delivery policy
Subject to availability and receipt of payment, requests will be processed within 3 working days and delivery will be confirmed by way of email, quoting the order number. Delivery will be done electronically for goods that can be delivered digitally, otherwise via courier services. You agree that a delivery that has exceeded its delivery time or has been delayed for any reason whatsoever, is not grounds to initiate a return or a refund. You accept that in order for us to complete the delivery of an order, you do not have to be the receiver of the items and BeingIT® does not need to prove that you personally received the items. You accept that any person residing at the delivery address may accept the delivery and sign for it. BeingIT® has an obligation to deliver to you and that obligation is fulfilled once the parcel has been delivered to the address nominated by you. BeingIT® cannot be held liable for any loss or unauthorised access to a product after it has been delivered to the delivery address nominated by you.
Returns policy
The provision of goods and services by BeingIT® is subject to availability. In cases of unavailability, BeingIT® will refund the item in full to the client within 30 working days. Cancellation of orders by the client will attract a 15% administration fee. Provision of items is determined by the availability of the specified product. If the required product is unavailable or not in stock, BeingIT® will do its best to provide you with an alternative option. You understand that if the item received is damaged or broken you must inform BeingIT® within 1 day of receiving the parcel. BeingIT® will process the information and will begin the refund procedure. You accept that all products are sold with a 7 day satisfaction guarantee and thus if you are not happy with your ordered item you will need to contact BeingIT® within 7 days of receipt. You will need to state your reason for wanting an exchange/return. If the product is still sealed and in its original state, you understand you will need to follow the return process in order for BeingIT® to refund your account. You accept that if the product has been opened and used and is not to your satisfaction, BeingIT® will forward your feedback to the supplier and the supplier will determine a remedy at their own discretion. BeingIT® will not be held liable for issuing a refund. You understand that if the wrong item has been delivered to you, you have to notify BeingIT® within 1 working day after receiving the parcel. BeingIT® will investigate the fault and follow the best solution as deemed fit by BeingIT®. Markdown and Sale items are final and cannot be exchanged or returned. Returned items must still have the original tags attached and be returned in the original packaging and may not have any signs of wear or usage.
See our Help Center for guidance on the return process to follow.
Use of the Website
The Website has been built for the authentic purchase of products and to browse content. No persons may use the Website for any means to copy, distribute, edit, resell or publish content available on the site. BeingIT® endeavors to keep the site available at all times except during routine maintenance periods or scheduled downtime. You accept that BeingIT® is not obligated to notify you. BeingIT® has the right to deactivate, modify, update, suspend or cease access to the Website at any time, without notice to you. You accept that BeingIT® may at any time restrict access to purchase or browse the Website by terminating or suspending your account based on the sole discretion of BeingIT® and without notice to you.
Registration
You agree to enter the correct information when registering or logging in to the Website via use of the correct username and the correct password. You understand and accept that failing to do this will prevent you from logging in to the site. You agree that if an order is placed using your account - regardless of whether the order has been placed by the registered account holder, fraudulently or unauthorised - the registered account holder is liable for the payment unless cancelled by the user in accordance with these Terms and Conditions. If you suspect your account is being used by an unauthorised user you agree to notify BeingIT® immediately so that steps may be taken to resolve the situation. You agree that you are 18 (eighteen) years of age or older and are legally permitted to enter into a contract of binding agreement. If you are younger than 18 (eighteen) years of age or are not legally allowed to enter into a contract, your parent or legal guardian may supervise and give consent as long as they agree to be bound by the Terms and Conditions set here and take responsibility for you and for all your accountability, requirements, commitments, liability and obligations.
Country of Domicile
This website is governed by the laws of South Africa and BeingIT® chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.
PO Box 938
Durbanville
Cape Town
7551You consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) regardless that the required amount in the activation or preceding may fall below the monetary jurisdiction of that court.
Privacy policy
BeingIT® shall take all reasonable steps to protect the personal information of their users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from here. See our Privacy Policy" for more information. You agree to submit information that is to your best knowledge, an accurate representation of you and not to fraudulently represent, falsify or impersonate any other person, business or entity. You agree that all additional information provided is to your best knowledge, an accurate representation of you and does not fraudulently represent, falsify or impersonate any other person, business or entity You accept that if an event occurs whereby suspected fraudulent online payments or activity has taken place, BeingIT® are entitled to use or share your personal information for criminal investigation and any investigation as a result. BeingIT® cannot be held liable for unauthorised or unlawful sharing of your personal information via third party resources whether under the possession of BeingIT® or the Third Party. BeingIT® will do its best to protect your personal information and will make efforts to protect your rights to privacy. BeingIT® cannot be held liable for any loss or damage to you as a result of you disclosing your personal information to a third party that operates a website linked to BeingIT®.
Payment options accepted
Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the BeingIT® bank account, the details of which will be provided at the sole discretion of BeingIT® on request. Card transactions will be acquired for BeingIT® via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the Website. Users may go to www.paygate.co.za to view their security certificate and security policy.
Merchant Outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
Disclaimer
BeingIT® strives to build products and provide services that can be of no harm to you or the environment. However, BeingIT® cannot be held responsible for any detrimental, unfortunate, injurious or negative reactions that may occur from the use or handling of products. BeingIT® may, in its sole discretion, change this agreement or any part thereof at any time without notice. The Website is a reference to beingit.co.za, related software services and applications. The Website belongs to Being IT Solutions (PTY) LTD as is represented by the use of “BeingIT®”, “we”, “us”, “our” and “its”. You agree that by reading the Terms and Conditions provided that if at any time you do not understand, it is your responsibility to contact BeingIT® for information prior to navigating or using the Website. The warrant to use the Website is granted on the basis that you have read and agree to the Terms and Conditions. You accept that BeingIT® may change the Terms and Conditions at any time and it is your responsibility to check the Terms and Conditions prior to using the site. You accept that the use of the Website is done at your own risk and responsibility and that BeingIT® cannot be held responsible for any loss, damage or liability of any circumstance that arises out of your use of or connection to the Website. You accept that the Website has no warranty of any kind and is without a warranty even though selected items existing on the Website may have a warranty. BeingIT® cannot be held liable for any materials that may contain any form of harmful product and do not guarantee assurance that the Website is 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 risks associated with the presence 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, handset or mobile device. This includes and is not limited to your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of BeingIT® or an authorised BeingIT® representative.