2.1. All orders placed online on https://shop.bernina.co.za (“Bernina Website”) constitute your (the Customer’s) offer to purchase the products selected subject to the terms and conditions referred to above.
2.2. Such an order shall be complete on confirmation of receipt of payment by us when:
2.2.1. A credit card authorization is received from the issuing bank; or
2.2. 2. The exact amount has been received via EFT.
2.3. On completion of your order, we shall indicate our acceptance of such order by confirmation email, at which point an agreement of sale is concluded between Company Shop and the Customer.
2.4. Company Shop reserves the right to:
2.4.1. Refuse or accept any order without giving any reasons; and/or
2.4.2. Cancel orders in whole or in part as circumstances dictate.
2.5. In either event, Company Shop shall not be liable for any losses or damages suffered by the Customer as a result of such refusal or cancellation and shall only be liable to refund monies already paid by the Customer.
2.6. Company Shop shall take all reasonable efforts to maintain correct prices on the Company Shop Website. However, should errors occur and items are offered at incorrect prices, we will not be obliged to sell goods at such incorrect prices and any liability on our part shall be limited to a refund of monies already paid by the Customer.
The online sales service offered by the Company Shop Website is available to buyers in the Republic of South Africa as well as internationally, however at different costs and subject to further provisions applicable to international buyers in terms of delivery and insurance requirements as may be stipulated by Company Shop on confirmation of any order.
4.1. All the products displayed on the Company Shop Website are subject to availability.
4.2. In the event of a particular product not being available, we will contact you to suggest an alternative product.
4.3. You are then entitled to accept the alternative(s) or such items as can be correctly delivered, or cancel your order.
4.5. Special promotions may be subject to certain conditions, including availability and limited offer stipulations.
4.6. We reserve the right to discontinue, or change, the specifications of our products from time to time without notice, or to adjust our prices in which event you will be informed thereof at the time of confirmation of your order.
5.1. All prices quoted on the Company Shop Website are in South African Rand (ZAR), and include Value-Added Tax (VAT).
5.2. All prices posted on the Company Shop Website are exclusive of delivery costs, and delivery costs will be stated separately in our confirmation of your order which may vary daily and for each order.
5.3. Payment is accepted via credit card (Visa, Master Card) or by direct electronic transfers.
6.1. The private information required for executing the order placed through the Company Shop Website, namely your personal information, credit card details, delivery address and contact number(s) will be kept in the strictest confidence and not sold or made known to third parties except insofar as is required for executing your order or as permitted by law. Information collected and use thereof will be treated according to our Privacy Policy, which is available on the Company Shop Website.
6.1.1. Credit card transactions will be acquired for Company Shop by PayFast (Pty) Ltd (“PayFast”). PayFast uses the strictest encryption; go to https://www.PayFast.co.za/ to view their security certificate and security policy.
6.1.2. No credit card details are stored on the Company Shop Website and will be kept separate from other Customer information.
8.1. Delivery of products as per confirmed orders will be made to the nominated address on your order.
8.2. Delivery usually takes place within 10 (ten) working days from confirmation of payment or such other period as stipulated in our confirmation email.
8.3. All deliveries made will be by road freight directly to your nominated address unless otherwise stated in our confirmation of order.
8.4. All products delivered must be signed for on delivery. If no one is available at the nominated address when delivery is attempted, the products will be retained by the courier, in which case notification of the attempted delivery will be given. Should the products ordered be returned to Company Shop, any further delivery attempts will also be at your cost.
8.5. We will not be liable for any loss occasioned by any delay in the delivery of any order, nor for any loss, damage or misplacement of any products ordered from us after delivery been made to your nominated delivery address.
8.6. Products are only insured by us up to the point of delivery.
8.7. Risk in and to the products will transfer to you upon completion of delivery.
8.8. For the sake of clarity it is recorded that the provisions of clauses 8.1 – 8.4 above shall not apply to international buyers and the time, place and other relevant terms of delivery and insurance shall be set out by us in the confirmation of order and international buyers agree to be bound to such terms when placing any orders in terms hereof.
9.1. Your satisfaction is our main priority. If, for any reason, you are dissatisfied with the quality of our products, please contact us and return the products at your cost within 7 (seven) days of delivery of your order.
9.2. If the products were indeed faulty in any respect when delivered to you, we will issue a replacement, or refund you the price of the products, as well as the cost of delivery to return the products to Company, within 30 (thirty) days from receipt of returned products.
9.3. You will be deemed to have accepted the order should you not return the products within the 7 (seven) day period referred to above.
9.4. Unfortunately, we cannot replace or refund you for any case where the products do not meet personal preference.
9.5. You are more than welcome to contact us for any advice on product selection prior to purchase.
10.1. An order is cancelled once you have notified Company Shop and have received our confirmation of receipt of your cancellation notice.
10.2. If you have already paid for your order and have not yet received an email notifying that your order has already been shipped, email us at marketing@berninasa.com or call us at +27 (011) 7261800 so we can cancel the order for you.
10.3. If you have already paid for your order and have also received an email notifying you that your order has already been shipped, then we reserve the right to charge a deduction rate equal to 10% of the purchase retail price for administration expenses.
10.4. Orders may only be cancelled within 24 (twenty-four) hours of placing the order.
10.5. We reserve the right to debit your payment card for the delivery fees in respect of any late cancellations, in addition to the charge.
Customers may access a full record of their transaction/purchase history via logging into their account on the Company Online Shop. Records shall be maintained for a period of 12 (twelve) months on the Company Shop Website.
To the extent permissible pursuant to applicable law, Company Shop disclaim all warranties of any kind, either express or implied, including but not limited to fitness of our products for a particular purpose. No oral or written information provided by us shall create a warranty, nor shall you rely on any such information or advice.
Company Shop may, in its sole discretion, change these terms and conditions or any part thereof at any time without notice. However, the terms and conditions published here at the time when a specific order is placed will govern that specific order and all matters incidental to the specific order, notwithstanding any amendments which Company Shop may subsequently make to these terms and conditions.
These terms shall be solely and exclusively governed by and construed and interpreted in accordance with the law of the Republic of South Africa.
If any of these terms or conditions are held by a court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, then such terms or conditions will be regarded as severable, and will not affect the validity of the remaining terms and conditions which will continue to be valid and enforceable to the fullest extent permitted by law.
16.1. The following information of ourselves is disclosed in terms of section 43 of the Electronic Communications and Transactions Act, No. 25 of 2002:
Registration number: 2003/018318/07
Physical address: 9 Lime St, Auckland Park, South Africa
Postal address: P.O. Box 291662, Melville, 2109
Telephone number: +27 (11) 726 1800
Facsimile number: +27 (11) 4828130
Website address: www.bernina.co.za
E-mail address: marketing@berninasa.com
Value-Added Tax registration number: 4470209901
Director(s): S L Pefanis, R R Stevens, S G Willson
Main business of Company: Distribution of Sewing Machines
16.2. All information underlined are limitations of rights of the Customer which we wish to draw your attention to as is required in terms of section 49 of the Consumer Protection Act (“CPA”).
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Detailed description of goods and/or services |
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Delivery policy Subject
to availability and receipt of payment, requests will be processed within ten
days and delivery confirmed by way of
e mail (for eg booking number / booking voucher etc). Must mention the
use of courier and/or postal services and associated costs, if applicable. |
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Export restriction (Optional) The offering on this website is
available to South African clients only |
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Return and Refunds policy (If appropriate – provide details
of your policy regarding damaged goods).
Also mention guarantees, warranties, etc. |
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Customer
privacy policy Bernina
RSA shall take all reasonable steps to protect the personal information of
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: http://www.polity.org.za/attachment.php?aa_id=3569 |
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Payment options accepted Payment may be made via Visa,
MasterCard, Diners or American Express credit cards or by bank transfer into
the Bernina RSA bank account, the details of which will be provided on
request |
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Credit card acquiring and security Credit card transactions will be
acquired for ABC via PayGate (Pty) Ltd who are the approved payment gateway
for Standard Bank of South Africa.
PayGate uses the strictest form of encryption, namely Secure Socket
Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to www.paygate.co.za to view their security
certificate and security policy. |
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Customer details separate from card details |
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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). |
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Responsibility ABC takes responsibility for all
aspects relating to the transaction including sale of goods and services sold
on this website, customer service and support, dispute resolution and
delivery of goods |
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Country of domicile This website is governed by the
laws of South Africa and Bernina RSA 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, 9 Lime St, Auckland Park,
Johannesburg, South Africa 2109 |
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Variation Bernina RSA may, in its sole
discretion, change this agreement or any part thereof at any time without
notice. |
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Company
information This website is run by Bernina RSA
(Pty) Ltd based in South Africa trading as Bernina RSA (Pty) ltd and with
registration number 2003/018318/07 and Director(s) S L Pefanis, R R Stevens,
S G Willson |
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Bernina RSA
contact details Support : email Marketing@berninasa.com Support: telephone +27(11) 7261800 |
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