BAMBINO MARINE SUPPLIES CC. T/A SEAPORT SUPPLY

OVERVIEW

These Terms and Conditions govern the user’s use of Bambino Marine Supplies cc. (registration number 2005/174145/23 ) trading as Seaport Supply, located at the domain name www.seaportsupply.co.za. By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice.

1. WEBSITE PRIVACY POLICY STATEMENT

1.1 Introduction
These terms and conditions govern your use of this website; by using this website www.seaportsupply.co.za, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

1.2 Limited License
www.seaportsupply.co.za grants you a limited license to access and make personal use of the www.seaportsupply.co.za website. You are not allowed to modify (other than page caching) the website or any portion thereof without the prior written consent of Seaport Supply.

This license does not permit any resale or commercial use of the www.seaportsupply.co.za website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the www.seaportsupply.co.za website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

1.3 Copyright and Intellectual Property rights
www.seaportsupply.co.za provides certain information that is provided by third party owners, affiliates and suppliers. All such content is copyright of Seaport Supply, its third party owners, affiliates and suppliers and is protected by South African and international copyright laws.

The www.seaportsupply.co.za website or any portion of the www.seaportsupply.co.za website, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the prior written consent of www.seaportsupply.co.za. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of www.seaportsupply.co.za and our affiliates without prior written consent.

You may not use any meta tags or any other “hidden text” utilizing the www.seaportsupply.co.za name or trademarks without the prior written consent of www.seaportsupply.co.za. Any unauthorized use terminates the permission or license granted by www.seaportsupply.co.za.

1.4 Disclaimer
Notwithstanding provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, neither Seaport Supply nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this web site or the services or content provided from and through this web site. Furthermore, Seaport Supply makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from errors or omissions or that the service will be 100% uninterrupted and error free. Users are encouraged to report any possible malfunctions and errors. This web site is supplied on an “as is” basis and has not been compiled or supplied to meet the user’s individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with Seaport Supply that the service available from and through this web site will meet the user’s individual requirements and be compatible with the user’s hardware and/or software.

1.5 Hyperlinks
1.5.1 You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the www.seaportsupply.co.za website so long as the link does not portray www.seaportsupply.co.za, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any www.seaportsupply.co.za logo or other proprietary graphic or trademark, or those of their affiliates, as part of the link without prior written permission of the owner of the graphic or trademark.

1.5.2 www.seaportsupply.co.za may provide links from the www.seaportsupply.co.za website to other websites which may offer services to you. www.seaportsupply.co.za is not responsible for evaluating the content or offerings made on these websites. www.seaportsupply.co.za does not endorse or warrant the offerings of any of the businesses or individuals, nor is it responsible for the content of the websites to which links may be provided, or that of any third party websites, which may be accessed through these linked websites. No liability will be attributed to www.seaportsupply.co.za for any dealings with any other websites accessed through links provided by www.seaportsupply.co.za and you are solely responsible for assessing the terms and conditions and privacy provisions of any of these websites.

1.6 Security
Any person that delivers or attempts to deliver any damaging code to this web site or attempts to gain unauthorised access to any page on this website shall be prosecuted and civil damages shall be claimed in the event that Seaport Supply suffers any damage or loss.

1.7 Governing Law
This site is hosted, controlled and operated from the Republic of South Africa and therefore the South African law and the jurisdiction of the South African courts shall govern any action in terms of the use or inability to use this site. The Terms and Conditions shall be governed by and constructed in accordance with the laws of South Africa.

2. PRICING, DELIVERY AND RETURNS POLICY

2.1 Pricing and Product Information
Although every effort is made to ensure the accuracy of pricing and product information, instances may arise in which a product(s) may be priced incorrectly on the website or where the product information supplied is inaccurate.

2.1.1 Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Due to fluctuations in exchange rates and consequent variances in our local suppliers’ pricing, as well as the occurrence of periodic supplier price increases, Seaport Supply cannot guarantee that the price of an item that is backordered will be the price at which the goods will be sold once stock has landed in South Africa. In such instances Seaport Supply will either refund the customer the price paid or charge the difference in price to the customer should the customer still wish to purchase the product(s).

2.1.2 VAT (VALUE ADDED TAX) is charged at 15%. All prices listed on www.seaportsupply.co.za are inclusive of VAT unless otherwise stated. Goods that are exported outside of the borders of the Republic of South Africa do not carry a VAT charge.

2.1.3 While we have made every effort to display as accurately as possible the colours and images of our products, we cannot guarantee that your computer monitor’s display of any colour will be accurate.

All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. Seaport Supply will not be held responsible for errors in the product information.

While Seaport Supply has attempted to make the information on this website as accurate as possible, the information is provided in good faith without any express or implied warranty. There is no guarantee given as to the accuracy or currency of any individual item on the server.

The use of any product bought from this Website is at the purchaser’s risk. The purchaser/ user indemnifies and holds Seaport Supply harmless against any loss, injury or damages which may be sustained as a result of using the products sold on the Website.

2.2. Payments policy
www.seaportsupply.co.za accepts payment using PayFast.

‘Payfast’ is a registered payment gateway that operates closely with all major banks. Please visit their website for more information and for any applicable surcharge fees. Your order will be processed as soon as payment has been received by Seaport Supply. No orders will be sent without full payment received into our bank account.

As a protection against fraud, we reserve the right to request ID documents, credit card billing statements and photocopies of any credit card used to make purchases on www.seaportsupply.co.za. Seaport Supply reserves the right to refuse to ship orders to customers refusing to make such information available or whose information is suspicious in anyway.

***PAYFAST PAYMENT CANCELLATION FEE: PLEASE NOTE, SHOULD YOU WISH TO CANCEL YOUR ORDER AFTER PAYMENT HAS BEEN MADE THROUGH PAYFAST OR WITH A CREDIT CARD, YOU WILL BE LIABLE TO A 5% SERVICE FEE CHARGE OF YOUR TOTAL ORDER VALUE.

2.3 Shipping and delivery policy
2.3.1 Whilst every effort is made to provide accurate estimates for delivery times, Seaport Supply is not liable for any delays in delivery that may occur as a result of our preferred courier partners scheduling.

2.3.2 Shipping options available at checkout are:

1. Collection (Cape Town Only): Should you wish to collect your order we will contact you once your order has been processed to arrange a suitable time during office hours Monday to Saturday.
2. Nationwide Courier Service – We’ve partnered with the Courier Guy courier company, allowing us to deliver anywhere in South Africa. All shipments can be tracked from collection to delivery at https://thecourierguy.pperfect.com/

Please allow 3-4 working days for delivery. Notification via email will be sent on completion of your order along with a tracking number. A signature will be required on delivery. If your parcel is returned to us if unable to deliver, a new delivery fee will be charged to redeliver.

           3. International. Please contact us at info@seaportsupply.co.za

Please note that we make use of the South African Post Office to send international orders and they can take up to 2-3 weeks. All items are sent via registered airmail and include a tracking number which will be emailed to you on completion of your order. Please provide a daytime delivery address such as a work address, as they require a signature on delivery. If your parcel is returned to us for whatever reason, a new delivery fee will be charged to redeliver it. For international orders please contact us before placing your order to discuss the delivery charges for your country.

2.3.3 Shipping Costs:
Delivery fees are charged at a flat rate of R100 for deliveries in South Africa.
Delivery fees are charged according to the weight and volumetric rates by the courier company for all other deliveries.
A surcharge may be charged on bulky items.

2.3.4 Customs and Imports: You may be liable for any customs and import duty, quotas, permits, product restrictions and other local requirements. These charges must be paid by the recipient. Customs policies vary widely from state to state and country to country. Please check the requirements in your country before placing an order. We will not be liable for any custom or import duties.

2.4 Returns and Exchanges Policy
2.4.1. Warranties

All products sold by Seaport Supply are covered by a manufactures warranty, reckoned from the date of purchase, to protect you against manufacturing defect only. This does not apply to misuse, incorrect application of product.

In the majority of instances the manufacturer of the product in South Africa endorses this guarantee. In such instances the manufacturer can be approached directly to affect the repair, or Seaport Supply will handle the entire repair process on behalf of the customer.

Where a product is defective it is the responsibility of the customer to return the product at his or her own risk and expense to Seaport Supply. Seaport Supply will facilitate the repair or replacement and then ship the product back to the customer, bearing all risks and costs.

Seaport Supply is not obliged to repair products that fall outside of the warranty or guarantee period, or products that are damaged accidentally, however, we will assist the customer in having the product repaired via our network or approved suppliers.

2.4.2 Returns and Exchanges Policy

If you are not 100% satisfied with your purchase for any reason, send an email to info@seaportsupply.co.za or contact us on (+27) 021 510 6262 to start our easy returns process.

You have 30 days after delivery to return or exchange* an item to us in it’s original condition. If 30 days have gone by since the delivery of your purchase, unfortunately we can’t offer you an exchange.

* Please note for all returns and exchanges, please make sure it is returned unused, unopened or unworn, in it’s original undamaged packaging and with all original labels attached. Please also ensure you send it with a tracking number and insurance, as an exchange cannot be issued if Seaport Supply does not receive it.

To complete your return, we require a receipt or proof of your purchase, please include your order or invoice number in the box of the return so that your exchange can be processed. Once your return is received by us, we will send you an email to notify you that we have received your returned item and process the exchange within 3-4 working days.

Please note that it is your responsibility to ensure that the package is delivered to Seaport Supply within the returns window provided and at the correct address. Please email info@seaportsupply.co.za for the return shipping address. You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable.

We will not be able to accept the return of an item under our general returns policy in the following situations:

• If we receive a returned item later than 30 days after delivery of purchase
• If the item is not in original condition and has clearly been tampered with or used
• If it is a non-returnable item (e.g. sale items, customized)
• If you do not have the invoice or proof of purchase
• We cannot refund or exchange any products that have been opened including paint, boat cleaning products, or any other liquids, clothing that has been worn.

You agree to provide current, complete and accurate purchase and account information for all purchases made on our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

4. PRIVACY POLICY
Seaport Supply abides by a strict privacy and confidentiality policy. No credit card information is stored on our website – it is processed securely via ‘Payfast’, a registered payment gateway that operates closely with all major banks. We will use the information you give us to process your order and keep you informed of its progress, to give effect to your payment instructions, to deliver your purchase to you, and to meet any warranty information required by our suppliers.

4.1 Collection of data

The private information required for executing the orders placed through the e-commerce facility, namely the User’s personal information and credit card details, delivery address and telephone numbers will be kept in the strictest confidence by Seaport Supply and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the product.

Seaport Supply undertakes that it has taken all reasonable precautions to secure the credit card processing that is carried out to receive payment for goods sold. Seaport Supply cannot be held responsible for security breaches occurring on the User’s electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.

Your submission of personal information through the store is governed by our Privacy Policy.

4.2 Acceptance of Terms and Conditions

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Condition”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms and Conditions are considered an offer, acceptance is expressly limited to these Terms and Conditions.

4.3 Changes to agreement

Seaport Supply reserves the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

4.4 Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with South African law, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of South Africa.

5. DISPUTE RESOLUTION
Any dispute arising out of, or in connection with this agreement including any question regarding its existence, validity or termination, shall be settled by the online dispute resolution process in accordance with the TrustEnforce.org Mediation and Arbitration rules, which rules are deemed to be incorporated by reference into this clause and may be accessed at www.trustenforce.org.

For all disputes regardless of where they arise, the place of the arbitration is deemed to be Cape Town. The arbitration will be governed by this clause governing arbitration and the arbitration laws of South Africa. The dispute will be resolved in accordance with the law of South Africa.

The language used during the dispute resolution process will be English.

For the purposes of any arbitration:
you choose the email address chosen by you in registering as a purchaser; and
www.seaportsupply.co.za chooses info@seaportsupply.co.za

By using the www.seaportsupply.co.za website and accepting the conditions of use of the website and trade conducted using the website you bind yourself to the terms of arbitration provided in this agreement.

Disclosures in terms of section 43 of the Act: The following information is made available to you in compliance with Section 43 of the Act.

Full name: Bambino Marine Supplies cc. t/a Seaport Supply
Address: 40 Paarden Eiland Road, Paarden Eiland, Cape Town, 7420
Website: https://www.seaportsupply.co.za
Email address: info@seaportsupply.co.za
Contact Number: (+27) 021 510 6262