1. Introduction

1.1 This website (www.bouloo.co.za), related mobile-sites and software applications (hereinafter referred to as the ‘Website’) is owned and operated by KBP Holdings (Pty) Ltd (hereinafter referred to as ‘us’, ‘we’, ‘our’ ‘Bouloo’ and/or ‘Bouloo’).

1.2 The disclaimers, policies and terms and conditions on this page (hereinafter referred to as ‘Terms’ and/or ‘Conditions’) shall govern the order, sale and/or delivery of goods or services from Bouloo as well as the use of this website by any customer or person (hereinafter referred to as ‘you’, ‘your’, ‘user’, ‘customer’).

1.3 Please review the terms contained on this page carefully. The Terms apply to all users of our website, including but not limited to users who are browsers, customers, merchants, vendors and/or contributors of content. If you access and use this website, you accept and agree to be bound by and comply with the Terms and Conditions. If you do not agree to the Terms and Conditions contained herein, you are not authorised to access our website, use any of our website’s services or place an order on our website.

2. Waiver

Any failure on our part to exercise or enforce any right or provision of any of our terms and conditions set out will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.

3. Headings

Headings and titles herein are for convenience only.

4. Severability

If any of the provisions of our terms and/or conditions are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.

 

5. Variation

Bouloo may, at its sole discretion, change or amend any of these terms, conditions or policies without notification and it is the user’s responsibility to ensure that he or she is satisfied with the terms and any amendments that may have been affected.  Using the website after any amendments have been made shall deem your acceptance of such changes. Should you not agree with any of the terms or amendments made, you should not proceed to transact with us through this website.

 

6. Errors, Omissions and Product Descriptions

6.1 While all reasonable effort is made to provide accurate information about products (including pricing, availability, features and descriptions), unless proven to be due to gross negligence on our part, we do not accept liability and shall not be held liable for any loss or claim as a result of such error or inaccuracy. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order has been submitted).

6.2 Product descriptions are for marketing purposes only and are presented in a simple easy-to-understand format. Product descriptions on this website is by no means exhaustive technical information sheets. Some terms may be used in a broad sense or for specific purposes only.  

6.3 Colour Descriptions: Descriptions and depictions of colour may not be 100% accurate. Some colours are especially difficult to accurately describe and depict. Although our photographers and graphic designers do their best to portray items as accurate as possible, various factors may influence the colour displayed on the screen including monitor and screen calibration. Colour descriptions do not describe the actual material of the product.

 

7. Pricing & Stock

All prices advertised on our website includes VAT of 15% and are sold in ZAR (South Africa Rand). Prices published on the website applies to in-stock products only. In the event where a specific product may have sold out, and a customer places an order or enquiry before a price, specification or promotion update, we will first inform the customer of any changes. Should this not be accepted by the customer, we reserve the right to cancel the order or any part thereof. While most of our items listed on this website are in-stock, there may be occasions where items are temporarily out of stock.

 

8. Delivery and Inspection of Goods

8.1 Prices advertised on this website shall exclude delivery unless otherwise specified, or where the customer qualifies for free delivery under certain conditions.

8.2 Orders shall be dispatched on the first working day after the payment has cleared in our account. Depending on the size of the order and the exact delivery location, our standard delivery period is approximately 2-3 business days from the date of dispatch (weekends excluded).  Longer delivery periods may be applicable for orders placed during the festive season (15 November to 31 December). Deliveries shall be done on weekdays during the courier’s normal daytime service hours. Deliveries to outlying areas such as farms or small towns may take longer. Delivery fees include delivery to the majority or towns and cities in South Africa only. In some cases, couriers may require a surcharge to deliver to areas considered to be remote or high-risk. Should this be the case, the customer shall be contacted to discuss surcharges or delivery options. Should an agreement not be reached between ourselves and the customer, we reserve the right to cancel the order and refund the customer in full.

8.3 It shall be the customer’s responsibility to properly inspect delivered goods. If packaging shows visible damages, it is advised to make a clear note of such damages on the waybill when signing for the goods.  

8.4 Customers should ensure that the correct number of cartons as indicated on the waybill is received before signing the waybill. Note that the number of cartons may not correspond to the number of items you have purchased as more than one item may be packaged in a single carton. The number of packages/cartons/pieces as indicated on the waybill should be verified by the customer or his representative before signing receipt of the goods. Customers should never sign to have received more packages as what was actually delivered as this could jeopardise claims of liability against the courier and may result in the loss being for the customer’s own account.  

8.5 We can only guarantee delivery to the delivery address supplied by the customer, but cannot verify the identity of the person signing for the goods. Individuals accepting the goods at the delivery address on the date of delivery shall be considered authorised by the customer to receive delivery on their behalf, and bear responsibility for verification in terms of point 8.4 above.

8.6 Unless otherwise specified, delivery of orders shall be handled by contracted third-party couriers. It remains the customer’s responsibility to ensure that the place of delivery is easily accessible. Should you have a concern regarding a delivery place constraint, please contact us.

 

9. Warranty & Return Policy

9.1 Unless otherwise specified, all Bouloo products comes with a 14-day money back satisfaction guarantee, calculated from the date of delivery of goods, provided that the product is in a resaleable condition and returned in the same packaging.

9.2 Delivery of returned products will be for the client’s account, unless the items are damaged on receiving the goods.

9.3 Unless otherwise stated, products shall by default be covered by a standard 12 (twelve) month warranty against manufacturing defects.

9.4 Warranties shall not cover any defects, damages or claims arising from any misuse or abuse, external causes or what can be considered fair wear and tear. Warranties are covered by the manufacturer and shall, therefore, individual products may be subject to the terms, conditions and exclusions imposed by respective manufacturers. No product shall be covered against any corrosion or damages caused by natural elements (i.e. rust, wind etc.). Warranty claims shall not be processed where products are in an unhygienic state. Natural variation occurring in wood or other materials are not considered defects, neither does the manufacturer guarantee the colour-fastness of any material. Natural products including but not limited to products such as wood may have natural defects and subject to natural changes. This warranty explicitly excludes any natural changes or decline to such products. This warranty shall also not cover any consequential damages, losses or claims of any kind.

9.5   All products listed on this website are intended, priced and marketed for domestic use only, despite the fact that some of the materials may be industrial grade. In the event where items are used in commercial environments (unless agreed to otherwise in writing), the warranty shall be limited to a period of 3 (three) months from date of purchase.

9.6 We reserve the right to either repair or exchange an item submitted for warranty purposes. In the event where the item cannot be repaired, it may be exchanged with a replacement item that is identical, or where the exact same model or product is no longer available, with an item of similar value, or alternatively with a Bouloo credit/voucher. Any approved exchange, credit or refund of a particular product shall apply to that product only and not any other products purchased from us at the same or at another time, regardless of whether the other items were purchased to match or compliment this product.   

9.7 Customers wanting to return any product must contact us through our contact form, where the link can be found in the footer of the website.

9.8 Transport charges for products returned for refund or exchange shall be for the account of the customer. Return transport charges may in some cases be higher than the original delivery fees billed, especially where the customer is located in outlying areas and smaller towns, or where an original delivery fee has been discounted or subsidised in any way. Only in cases of warranty claims shall transport charges be borne by Bouloo, and this shall only apply for the first 6 (six) months of the warranty. Products returned for exchange or warranty purposes must be returned to the warehouse or despatch destination that it was originally shipped from. Goods returned must reach us within 7 (seven) days after the expiry of the 14-day return period. Any returns by our contracted couriers must first be authorised and needs to be arranged by ourselves. Customers may not directly arrange for returns on our account with any of our contracted couriers. Even if a courier may allow this, we may hold the customer liable for the costs of such returns.

9.9 Products returned must be adequately packaged in the original packaging. Where original packaging was discarded, it shall be the customer’s responsibility to ensure the item is packaged adequately to avoid damage in transit. Our contracted third-party couriers do not offer packaging services and may refuse to accept products without adequate packaging. In the event where our couriers do collect an item not packaged properly, or where they assisted the client with packaging, this shall be done at the customer’s own risk. It is advised that customers take adequate photos of the products they wish to return (covering all areas and angles) as we will keep the customer liable for any damages to the product when received.  

9.10 As soon as a product authorised for return for refund/exchange or warranty purposes is received, the item shall undergo inspection of both packaging and condition of contents, and any damages or discrepancies recorded. Where the item was returned for a refund and the item was received in perfect, as-new resaleable condition, a full refund will be paid to the customer, minus the delivery and return transport charges. Bouloo reserves the right to levy reasonable and appropriate surcharges and handling fees to compensate for shortages, damages or re-stocking for items not returned in good condition. The exact amount or percentage shall depend on various factors including the overall condition of the item, including, but not limited to the packaging. Refunds shall be made within 7-10 business days from the date of receipt of goods.    

9.11 Unless otherwise specified, products that were given as free gifts as part of a promotion received in a competition or giveaway shall be covered by a 6 (six) month limited warranty against any manufacturing defect unrelated to the condition it was sold in.

 

10. Competitions and Giveaways

10.1 Results for competitions and lucky draws shall be announced on Bouloo‘s official Facebook page on the date published on the competition literature. In the event where, due to technical or other difficulties, we were unable to announce the winner on the published announcement date, Bouloo reserves the right to announce the results within a period of up to 7 (seven) days thereafter.

10.2 Winners shall not be contacted directly, and as part of the conditions of entry, this is understood and agreed to by the entrant.

10.3 Prizes not claimed by winners within 30 (thirty) days of the results announcement, shall be forfeited without exception.

10.4 Entering a competition does not guarantee the entrant any prizes. Winners are randomly chosen and announced. Winners are final and entrants do not have the right to appeal the results. By entering into any of our competitions, the entrant agrees to these terms.

 

11. Coupons and Vouchers

11.1 Discount coupons are only valid for the period as published.    

11.2 Vouchers that have been purchased from Bouloo shall be valid for a period of 3 (three) years from the date of purchase in terms of the Consumer Protection Act. Any voucher issued as part of any promotion or by our customer care department in good faith or as part of any compensation, compromise or resolution for any claim, shall only be valid for a period of 6 (six) months from the date of issue.  

11.3 Vouchers may not be exchanged for cash. Customers who purchase a voucher and wish to cancel the purchase must do so within 7 (seven) days from purchase date.    

11.4 Where a customer has received a voucher for free as part of a product promotion (e.g. buy a specific product and receive a free voucher) and at a later stage a refund or part refund is approved towards the item that was purchased, the free voucher issued shall automatically be cancelled. In the event where this voucher has already been redeemed, the value of such voucher will be deducted from any refund amount due to the client.  

12.5 Vouchers linked with promotions, shall only be issued where the full advertised price has been paid. If any discount was offered to the client for the specific product, the free voucher shall no longer apply to the product offer.

 

12. Governing Law

Any disputes arising out of or relating to the Terms and Conditions, use of our website, or our products or services offered on our website will be resolved in accordance with the laws of the Republic of South Africa without regard to its conflict of law rules. Any disputes, actions or proceedings relating to the terms or your access to or use of our website must be brought before the courts of the South Africa in the city of Port Elizabeth and you irrevocably consent to the exclusive jurisdiction and venue of such courts our actions as they relate to the collection, use and disclosure of Personal Information.

 

13. Country of domicile

This website is governed by the laws of South Africa and Bouloo chooses its domiciliumcitandi et executandi for all purposes under this agreement whether in respect of court process, notice, or other documents or communication of whatsoever nature, Port Elizabeth, South Africa. Any disputes, actions, notices or proceedings relating to the terms or your access to or use of our website must be brought before the courts of the South Africa in the city of Port Elizabeth and you irrevocably consent to the exclusive jurisdiction and venue of such courts.

 

14. Payment options accepted

Payment may be made via Visa and MasterCard.

 

15. 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).