Terms & Conditions

GENERAL TERMS & CONDITIONS

Bennett Read provide their services to you subject to the following conditions (“Terms”). If you visit or shop at Bennett Read, you accept these conditions. Please read them carefully. In addition, when you use any current or future Bennett Read service or visit or purchase from any business affiliated with Bennett Read, whether or not included in the Bennett Read Website, you also will be subject to the guidelines and conditions applicable to such service or business.

These Terms explain the conditions applicable to how you will use the Website and our services. Please read these Terms carefully before using the Website or our services. We will assume you have read and understood these Terms if you continue to access or make use of our Website or our services.

Please pay specific attention to the BOLD paragraphs of these Terms. These paragraphs limit our risk or liability, constitute an assumption of risk or liability by you, impose an obligation on you to indemnify us or is an acknowledgement of any fact by you.

The terms "user", “you" and “your” are used interchangeably in these Terms and accordingly refer to you, as our customer. Accordingly, the terms “us”, “our” or “we” refers to Bennett Read or our possession.

OUR SERVICES

We are a passionate South African business specialising in the sourcing, development, marketing and distribution of innovative, high-quality products.

REGISTERING AN ACCOUNT WITH US

Creating an Account: To purchase from our store, we require you to create an account with us when checking out. We ask you to provide us with all the requested information in the on-boarding process including your contact and delivery information.

Accurate Information: When signing up you agree to provide true, accurate, current, and complete information and to update this information as and when it changes. To protect your privacy and security, we take reasonable steps to verify your identity by requiring your password together with your email address to grant you access to your account and information. Please update your information yourself through your profile or contact us to view or change your personal information provided.

Warranty: If you use this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Bennett Read does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use Bennett Read only with involvement of a parent or guardian. Bennett Read and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Unlawful Access: Please let us know if you have reason to believe that your profile is no longer secure (for example, in the event of a loss, theft or unauthorised disclosure or use of your username, password, or any payment card information) to avoid possible liability for any unauthorised charges to your account.

DATA PROTECTION AND PRIVACY

Your use of this Website and our services is also subject to our Privacy Policy. By using our Website or services, you consent to the collection, processing, storage, and sharing of your personal information as outlined in the Privacy Policy, in compliance with the Protection of Personal Information Act, 2013 (“POPIA”).

We are committed to protecting your privacy and ensuring that your personal information is processed lawfully, fairly, and transparently. For more information on how we collect, use, and safeguard your data, please refer to our Privacy Policy available at www.bennettread.co.za/privacy-policy.

PAYMENT TERMS

Purchasing: To purchase from the Website, you must use the relevant links and prompts and pay the total purchase price listed when you checkout. This will initiate a contract of sale between you and Bennett Read.

Invoices: We will email you a tax invoice for your transaction once an order is fulfilled.

VAT: All advertised prices are inclusive of Value Added Tax (“VAT”) and exclusive of delivery charges and any other applicable taxes/fees, unless otherwise stated and required by law. Any such additional charges and VAT which will apply to a transaction, will be clearly indicated to you upon check-out.

Secure Payments: We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology as operated by our authenticated payment service provider. In this regard, the terms and policies of the payment service provider will apply to you when you use their services.

Limitation: Your right to use our Website is subject to any limits we or your credit card issuer may establish. If payment cannot be charged to your payment card or a charge is returned for any reason, including chargeback, we reserve the right to either suspend or terminate an order placed.

Promotional Offers: We may, from time to time, provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or the option of receiving complimentary products with your order. You agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of our services or the fee/s applicable to you.

CONDITIONS OF SALE

Ordering: You may place an order for any product on the Website, which we may accept or reject. Acceptance of an order depends on product availability; the correct information being displayed about the product (its price and composition) and receipt of payment or payment authorisation by us.

Acceptance: We will indicate the acceptance of your order by having our team deliver the product to you. Only at that point will an agreement of sale between us come into effect (the “sale”). Where we cannot fulfil your order, we will indicate this to you by cancelling it and, as soon as possible thereafter, refunding you for the amount you paid.

Cancelling: Prior to acceptance, you may cancel an order at any time by contacting us directly. After delivery, you may return any product only in accordance with our Shipping & Delivery Terms.

Order Reservation: Placing any product in your shopping cart without completing the purchase will not reserve the item for you and will not constitute a sale. Items may therefore be removed from your shopping cart if stock is no longer available, or the price might change without notice to you. You cannot hold us liable if such products are not available or is not available at the same price when you complete or attempt to complete your purchase.

Stock availability: You acknowledge that stock of all products on offer is limited, and that pricing may change at any time without notice to you. We cannot guarantee the availability of stock. When products are no longer available after you have placed an order, we will notify you and you will be entitled to a full refund of any amount already paid by you for such product.

Errors: We take all reasonable efforts to accurately reflect the description, availability, composition, materials, product origins, purchase price and delivery charges of our services on the Website. You are encouraged to verify product details, pricing, and availability before placing an order. However, should there be any errors of whatever nature on the Website, we reserve the right to correct such errors or inaccuracies and to update information as necessary without prior notice. We will not be liable for any loss, claim or expense relating to a transaction based on any error. If a product offered by Bennett Read itself is not as described, your sole remedy is to return it in unused condition.

Sales are Final: You must pay the full price of the product to reserve and purchase the product. All products sold are final, subject to our Returns Policy.

Confirmation: After placing an order, you will receive an automated response confirming your order, as well as an invoice for the transaction. You may contact us via email to obtain a full record of your transactions. We may also send you additional email communications about your order and payment where required.

RISK OF LOSS

All items purchased from Bennett Read are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

ELECTRONIC COMMUNICATIONS

When you visit Bennett Read or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on our Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

We reserve the right not to respond to any email or other data message that contains obscene, threatening, defamatory or otherwise illegal, unlawful, or inappropriate content, and to take appropriate action against the sender of such email or data message if necessary.

Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost, or corrupted. We are therefore not responsible for the accuracy or safety of any message sent by email or over the internet.

RESPONSIBILITIES AND WARRANTIES

By using the Website and/or our services, you warrant that:

you have read and agreed to these Terms and will use the Website in accordance with them;
you have not made any misrepresentations and the information provided in the registration or purchase process about you and/or your status is true, accurate and complete in every aspect;
you are above the age of 18 (eighteen) years old and have the legal capacity to understand, agree with and be bound with these Terms;
you lawfully possess and submit all information to Bennett Read for its use thereof to provide our services;
you will not post, upload, replicate or transmit any abusive content on the Website or through communications that is or could reasonably be considered to be threatening, harassing, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, or in breach of privacy;
you will not send any unsolicited electronic messages or use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Website including but not limited to uploading or making available files containing corrupt data or viruses via whatever means or deface, alter or interfere with the front end ‘look and feel’ of the Website or the underlying software code;
you will not infringe the intellectual property or other rights of any third party or Bennett Read or transmit content that you do not own or do not have the right to publish or distribute;
you will not use the Website for any commercial purpose other than as expressly provided for by Bennett Read herein;
you will not use the Website to breach any applicable law or regulation or perform or encourage any illegal activity including (without limitation) promoting or facilitating money laundering or financial crimes; and/or
you will not facilitate or assist any third party to do any of the above,

failing which, such action will automatically and immediately be deemed to be a material breach of these Terms, allowing Bennett Read to manifest all of its rights in the case of breach, including but not limited to denying you access to the Website, reporting your actions to an applicable authority, or instituting legal proceedings against you.

Connected Devices: The Website is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any connectivity necessary to use the Website. We do not guarantee that the Website, or any portion thereof, will function on any particular hardware or device.

Breach of Terms: Without prejudice to any of our other rights (whether at law or otherwise), we reserve the right to deny you access to the Website or cancel any order placed where we believe (in our reasonable discretion) that you are in breach of any of these Terms.

COPYRIGHT

All content included on our Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Bennett Read or its content suppliers and protected by international copyright laws. The compilation of all content on this Website is the exclusive property of Bennett Read and protected by international copyright laws. All software used on this Website is the property of Bennett Read or its software suppliers and protected by international copyright laws.

LICENSE AND SITE ACCESS

Bennett Read grants you a limited license to access and make personal use of this Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Bennett Read. This license does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this 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.

This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Bennett Read. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Bennett Read and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising Bennett Read’s name or trademarks without the express written consent of Bennett Read.

Any unauthorised use terminates the permission or license granted by Bennett Read. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Bennett Read so long as the link does not portray Bennett Read, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Bennett Read logo or other proprietary graphic or trademark as part of the link without express written permission.

UPDATES

We reserve the right to make improvements or changes to the intellectual property, information, videos, graphics, and other materials on the Website, or to suspend or terminate the Website, at any time without notice; provided that any transactions or functions already concluded, will not be affected by such suspension or termination (as the case may be).

THIRD PARTY IP

Where any intellectual property has been licensed to us or belongs to any third party all rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time, and you agree to comply with such third-party terms and conditions.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments, 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.

You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. Bennett Read reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Bennett Read and its affiliates 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 Bennett Read and its affiliates 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 Bennett Read or its affiliates for all claims resulting from content you supply. Bennett Read has the right but not the obligation to monitor and edit or remove any activity or content. Bennett Read takes no responsibility and assumes no liability for any content posted by you or any third party.

THIRD PARTY LINKS

We may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their web sites. Bennett Read does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY BENNETT READ ON AN "AS IS" AND "AS AVAILABLE" BASIS.

BENNETT READ MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BENNETT READ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BENNETT READ DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM BENNETT READ ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BENNETT READ WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.

If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.

APPLICABLE LAW

By visiting Bennett Read, you agree that the laws of the Republic of South Africa, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Bennett Read or its affiliates.

DISPUTES

Any dispute relating in any way to your visit to Bennett Read or to products you purchase through Bennett Read shall first be resolved amicably, by negotiation, and with the best interests of both parties in mind.

Should the dispute not be resolved through negotiation, the dispute shall be submitted to confidential arbitration in Durban, South Africa, except that, to the extent you have in any manner violated or threatened to violate Bennett Read’s intellectual property rights, Bennett Read may seek injunctive or other appropriate relief in any court in South Africa, and you consent to exclusive jurisdiction and venue in such courts.

Arbitration under these Terms shall be conducted under the rules then prevailing of an independent arbitrator. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to thee Terms, whether through class arbitration proceedings or otherwise.

The parties both agree that in no circumstance will either party publicise the dispute on any social media or other public platforms. The parties understand that any publicity of this nature can cause serious damage to the other party, which damage may result in a financial claim against the infringing party.

TERMINATION

IN ADDITION TO OUR OTHER RIGHTS HEREIN, WE RESERVE THE RIGHT TO RESTRICT AND/OR TERMINATE YOUR USE OF OUR SERVICES/WEBSITE IF YOU BREACH ANY OF THESE TERMS, OR FOR ANY OTHER REASON IN OUR SOLE DISCRETION PROVIDED THAT WE GIVE REASONABLE NOTICE TO YOU.

If you wish to terminate your agreement with us and these Terms, you may do so by ending your use of our services and our Website. Such termination will however not have any effect on the continued and comprehensive functioning or legitimacy of any lawful rights which we may have at the time of said termination.

NOTICES

Each of the parties chooses their service address for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms as being:

in the case of Bennett Read at info@Bennett Read.co.za; or
in the case of the user, at the e-mail, contact number, and addresses provided when registering/purchasing with us.

Each of the parties will be entitled from time to time, by written notice to the other to vary its service address to any other address which is not a post office box or poste restante, provided that the change will become effective only 14 (fourteen) days after service of the notice in question.

Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.

GENERAL

Relationship Between the Parties: The relationship of the parties, inter se, shall be governed by these Terms and nothing contained herein shall be deemed to constitute a partnership, joint venture, employer/employee agreement, agency agreement, or the like between them. No party shall by the reasons of the actions of the other party incur any personal liability as co-partner to any third party.

Force Majeure: If either party is prevented, whether in whole or in part, or delayed from performing any of its duties, functions or obligations under these Terms, whether timeously or at all, due to an event out of their control (which for the purposes hereof shall mean war, political riots, civil commotions, electrical load-shedding or surges, legal prohibitions or restrictions, epidemics, pandemics, governmental lockdowns, fire, floods or other similar natural disasters), then such failure shall not constitute a breach under these Terms, and the obligation to perform shall be suspended to the extent and during the continuance of such prevention provided that the parties shall use their reasonable commercial endeavours to minimise any delay occasioned.

Change Without Notice: The Website and these Terms are subject to change without notice. These Terms are updated or amended from time to time and will be effective once we upload the amended Terms to the Website. Your continued access or use of the Website constitutes your acceptance to be bound by these Terms, as amended. It is your responsibility to read these Terms periodically to ensure you are aware of any changes.

No Indulgence: No indulgence, leniency or extension of time granted by Bennett Read shall constitute a waiver of any of Bennett Read’s rights under these Terms and, accordingly, Bennett Read shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the client which may have arisen in the past or which might arise in the future.

Headings as Reference: The headings to the paragraphs in these Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.

Failure to Pay: In the event of a customer failing to pay any amount timeously or breaching these Terms, the client shall be liable for all legal costs (on the scale as between attorney and client) (including collection commission) which may be incurred by Bennett Read in relation to the payment failure or breach.

Severability: Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof shall be considered severable and if for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.

Prohibited Provision: No term or condition of these Terms is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto ("Prohibited Provision"). Any breach of any such Prohibited Provision shall be governed by the provisions severability above.