TERMS AND CONDITIONS OF USE

Blonsies Cake Company welcomes you to our website, http://www.blonsiescakes.co.za

 

OBJECTIVE

Our objective is to provide you, the user, with yummy baked, bee and honey related goodies, of reputable and excellent quality at affordable prices. By guaranteeing personal service in every transaction, Blonsies Cake Company strives to deliver unparalleled customer service and satisfaction to every client, be it for orders large or small!

In order to assure that you as the consumer are protected to the fullest extent possible, Blonsies Cake Company has devised the following terms of use. Please pay special attention to bolded sections and ensure that you have read and understood the following terms and conditions, which constitute a contract between yourself, the user/purchaser, and Blonsies Cake Company.

Viewing the website Persons viewing this website will hereinafter be referred to as ’the user’. By accessing and using this website the user is agreeing to and will be bound by the following terms and conditions as contained in sections B,C,D and E to follow below.

 

PURCHASING THROUGH THE WEBSITE

Persons purchasing products through this website will be referred to as ’the customer’. Users who purchase products through this website will in addition be bound by the provisions of section A below.

 

SECTION A: IMPORTANT CUSTOMER INFORMATION

SECTION B: WEBSITE CONTENT AND USAGE

SECTION C: PRIVACY AND SECURITY

SECTION D: INTELLECTUAL PROPERTY RIGHTS

SECTION E: DISPUTES SECTION

 

A: IMPORTANT CUSTOMER INFORMATION

1. OWNERSHIP

1.1. Blonsies Cake Company is a close private company owned and operated by Sonja Nel

1.2. Blonsies Cake Company’s registration number is

1.3. Blonsies Cake Company’s Value Added Tax (VAT)

2. CHILDREN

2.1 Any minor (a person under the age of 18) may use this website and services offered only with the consent of a major (a person 18 years and older), or where the court has granted that individual majority status.

2.2 If a customer represents that he/she is of sufficient legal age to use the website and services offered via this website then he or she will be bound by any legal obligations and liabilities that he/she may incur as a result of the customer’s use of this website.

2.3 The customer (of legal age) agrees to supervise all usage by minors of this website under the customer’s name of account.

 

5. COSTS

5.1 The price of each product is indicated on the website. Where specials are applicable, special and discounted prices will be displayed and will be applicable only for the time period indicated.

5.2 Value added tax (VAT) at the rate of 15% is charged on goods purchased in South Africa. All prices displayed on the website are inclusive of VAT unless otherwise indicated.

 

6. DELIVERY

6.1 All items purchased from Blonsies Cake Company not collected by the customer are purchased pursuant to agreements with shipping and delivery agents and risk of loss pass from Blonsies Cake Company to such agents upon delivery of any item to such carrier.

6.2 In the absence of an indication by the customer that Blonsies Cake Company is to arrange for delivery of the product, Blonsies Cake Company will make the product available for collection by the customer at its registered place of business, Nr3 Sperwer Crescent, Rustenburg , during business hours.

6.3 If Blonsies Cake Company receives an order of product we will inform the client of availability for collection or delivery.

6.4 Should the customer indicate that Blonsies Cake Company is to arrange for delivery, Blonsies Cake Company will  deliver the goodies as soon as possible. The customer will be liable for the costs of delivery.

6.5 Blonsies Cake Company can only delive within the Rustenburg area.

6.6 Blonsies Cake Company accepts no liability for any consequential loss or damage to the product or the customer howsoever caused on delivery of the product.

6.7 Blonsies Cake Company will however, do its utmost to ensure that delivery takes place within 5 to 7 days of payment (or of receipt of stock if Blonsies Cake Company is not holding stock of the product at the time).

6.8 Blonsies Cake Company will do its best to inform the customer of any delay in delivery, and will remedy it to the best of its ability.

 

7. DELIVERY COSTS

7.1 The cost of delivery within the borders of South Africa is determined as follows:

7.1.1 Delivery charges are calculated either according to weight, or per order and may vary according to season and courier.

7.1.2 Blonsies Cake Company will calculate the delivery charge applicable to the order in question and stipulate the exact charge during the ordering process. Once the customer has confirmed his/her order with delivery, he/she will be liable for the delivery charges.

8. PAYMENT

8.1 If the customer selects the ’Online Banking’ button, instructions will be given on how to deposit monies into the Blonsies Cake Company bank account.

8.2 If the customer selects the ’Cash on Pick-Up’ button, the customer will be notified when his/her order is ready for collection. The payment methods available will be cash or Online Banking.

8.3 The exact amount must be paid.

8.4 The payment must be identified by supplying the order number and surname of the customer in the beneficiary’s reference section.

8.5 Orders not paid for within five (5) calendar days will be cancelled unless an arrangement has been made by the customer and Blonsies Cake Company.

9. AGREEMENT OF SALE

9.1 A customer placing an item into their shopping cart or wishlist without completing the purchasing procedure does not:

9.1.1 enter into an agreement of sale, or

9.1.2 place an order for such an item, and Blonsies Cake Company can remove such items from the customer’s wishlist or basket in the event that there is no stock.

9.2 An agreement of sale will be reached between Blonsies Cake Company and the customer only after:

9.2.1 the purchasing procedure has been completed, and

9.2.2 Blonsies Cake Company has received payment, in full, by the customer within two (2) calendar days of completion of the purchasing procedure, and such payment is reflected in full in Blonsies Cake Company’s bank account.

9.3 Blonsies Cake Company reserves the right to refuse to accept and/or execute an order without giving any reasons whatsoever. Blonsies Cake Company shall only be liable to refund monies already paid by the customer.

9.4 Blonsies Cake Company reserves the right to refuse, for purposes of preventing suspected fraud, to accept or process any payment and/or order. Should fraud be found, Blonsies Cake Company will not be liable to refund monies paid to the customer until told to by law.

9.5 Blonsies Cake Company will do its best to maintain the correct selling price. However, should errors occur and items are offered at incorrect prices, Blonsies Cake Company will not be obliged to sell goods at such incorrect prices and shall only be liable to refund monies paid.

10. TERMS AND TERMINATION

10.1 These terms and conditions shall only apply to the customer once he/she has registered for an account on Blonsies Cake Company.

10.2 These terms and conditions shall only apply to the customer once he/she has agreed to them during the checkout process on the Blonsies Cake Company website.

10.3 Termination of this agreement will occur when the customer deregisters his/her account on the website, or when Blonsies Cake Company removes the customer’s account.

10.4 All activities performed on this website are subject to the terms and conditions set down by Blonsies Cake Company.

10.5 These terms and conditions are legally binding.

10.6 These terms and conditions may be modified at any time.

10.7 It is the sole responsibility of the customer to review these terms and conditions before purchasing anything from this website. Should the customer choose to utilize this website they hereby agree to accept these terms and conditions as set out in the terms of use.

 

11. SUBMISSION BY THE CUSTOMER TO BLONSIES CAKE COMPANY

11.1 Blonsies Cake Company is not responsible for any information and data submitted to Blonsies Cake Company by the customer.

 

12. VERFICATION

12.1 Blonsies Cake Company reserves the right to verify any type of communication that takes place between Blonsies Cake Company and the customer. Should Blonsies Cake Company deem verification of any information necessary, Blonsies Cake Company will not be bound to the purchase agreement of any order until verification has taken place.

12.2 Blonsies Cake Company shall be entitled to establish the authenticity of any communication transmitted between Blonsies Cake Company and the customer. The Customer agrees that all instructions, orders, consents, commitments and any other communications which purport to emanate from the customer and which are sent to Blonsies Cake Company by way of the Internet and which may (as a result of interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the details actually sent or given, or may not have been given by you at all, shall be deemed to have been given by the customer in the form actually received by Blonsies Cake Company and the customer will be bound by such details with no liability of whatever nature attaching to Blonsies Cake Company. 

12.3 The customer waives any rights he/she may have or obtain against Blonsies Cake Company arising directly or indirectly from any loss or damage of whatsoever nature, which the customer may suffer as a result of the fact that Blonsies Cake Company has acted on the customer’s instructions or instructions purporting to emanate from the customer. The customer agrees to and hereby indemnifies Blonsies Cake Company against all and any claims, liabilities, losses, costs, fines, damages, and expenses incurred (whether directly or indirectly) by the customer, arising as a result of the fact that Blonsies Cake Company has acted on the customer’s instructions or instructions that purport to emanate from the customer.

 

SECTION B: WEBSITE CONTENT AND USAGE

13. INFORMATION

13.1 On this website Blonsies Cake Company provides information about the company generally and for purposes of the Electronic Communications and Transactions Act (ECTA). ECTA states that when we offer goods or services by way of certain electronic transactions, we must make the following information about us available to customers on websites where the goods or services are offered:

Full name: Blonsies Cake Company (PTY)ltd.

Main business: Online retailer.

Address for receipt of legal service NR3 Sperwer Crescent Rustenburg North West .

Webmaster: sonja@blonsiescakes.co.za.

Website: http://www. blonsiescakes.co.za.

Official email address: sonja@blonsiescakes.co.za.

14. CONTENT OF THIS WEBSITE

14.1 The content of this website will be updated on a regular basis, however, Blonsies Cake Company makes no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of information, opinion, data or content contained on the website.

14.2 Blonsies Cake Company reserves the right to change any content on this website and to do so without notice to the customer.

14.3 Pictures displayed on Blonsies Cake Company website are for display purposes only and might differ from the actual product.

 

15. WEBSITE TERMS OF USE

15.1 The customer agrees to abide by these Terms and Conditions and to use this website for legal purposes only.

15.2 The customer is financially responsible for the use of the website (as well as for use of the customer’s account by others, including, without limitation, any person under the age of eighteen years).

15.3 Any misconduct by the customer in any way that Blonsies Cake Company deems unfit is prohibited. The customer is prohibited from posting or transmitting any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law.

15.4 The customer is prohibited from using any false email addresses, or impersonating any other person or entity.

15.5 When a user visits Blonsies Cake Company or sends e-mails to Blonsies Cake Company, that user consents to receiving communications from Blonsies Cake Company electronically and agrees that all agreements, notices, disclosures and other communications sent by Blonsies Cake Company satisfies any legal requirements, including, but not limited to, the requirement that such communications should be "in writing".

16. DISCLAIMER

16.1 Blonsies Cake Company will not be held responsible for any loss, damage, liability, personal injury (both physically and mentally) or expensive of any nature whatsoever which is done to either the customer or a third party as a result of any one of following:

16.1.1 the use of and reliance on any information provided on this website.

16.1.2 any emails received from this website or any employee of Blonsies Cake Company.

16.1.3 support from this website or from any employee of Blonsies Cake Company.

16.1.4 any virus, spyware, malware or malicious activity that may affect the customer’s computer or other personal property as a result from viewing this website.

16.1.5 the use of information or data that is available on this website.

16.1.6 failure, delay or unavailability of this website and/or services required via Blonsies Cake Company for whatever reason.

16.1.7 the supply, or failure or delay in supply, for any service offered by this website or any employee of Blonsies Cake Company.

16.1.8 the breach of these Terms and Conditions by the customer.

16.2 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 customer to satisfy itself prior to entering into this agreement with Blonsies Cake Company 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.

16.3 Although Blonsies Cake Company aims to provide 24 hours a day online service every day of the year, Blonsies Cake Company will not be held responsible for any down time that may arise.

16.4 Blonsies Cake Company reserves the right to suspend operations of the website at any time and without giving notice or reasons therefore.

 

SECTION C: PRIVACY AND SECURITY

17. STATEMENT OF PRIVACY

17.1 The customer’s privacy is highly important to Blonsies Cake Company. For this reason NO customer information shall be given or sold to any third party unless required to do so by law.

17.2 Blonsies Cake Company reserves the right to release to third parties, in aggregate format, data pertaining your use of Blonsies Cake Company’s services and this website, provided that such data is released as statistical totals and does not contain information which specifically identifies a particular customer of Blonsies Cake Company.

17.3 Without limiting the generality of the aforementioned, Blonsies Cake Company reserves this right in order to be able to release to potential advertisers and other third parties statistical information regarding the number of customers of Blonsies Cake Company, their age and gender profiles and their frequency of using Blonsies Cake Company’s service and website.

17.4 The customer is aware that information and data is automatically collected through the standard operation of the Internet servers and through the use of "cookies". "Cookies" are small text files a web site can use to recognize repeat users and facilitate the user’s ongoing access to the Website. Cookies are not programs that come onto the user’s system to damage files. If the customer does not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Should the customer disable the cookies function, he/she will not be able to purchase from Blonsies Cake Company via its website.

17.5 When the customer creates an account with Blonsies Cake Company and places an order with Blonsies Cake Company, the following information is stored permanently to facilitate the processingof the order: Customer Name, Email Address, Telephone Number, and Physical Address, in addition as details relating to the products you ordered (Name of product, quantity, and price). Blonsies Cake Company does not store any customer financial details (like credit card numbers).

17.6 The customer has the option to receive newsletters, and status of orders from Blonsies Cake Company. The customer will have the option to "opt-in" of the newsletter sent by Blonsies Cake Company by simply logging into their account and disabling the ’Receive Newsletter’ option.

17.7 Blonsies Cake Company reserves the right to view any communications made using the comments, forums or private messaging sections of the site.

18. SECURITY

18.1 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 web site shall be prosecuted and civil damages shall be claimed in the event that Blonsies Cake Company suffers any damage or loss.

18.2 The customer agrees and warrants that their log-in name and password shall:

18.2.1 be used only by that person, and

18.2.2 not be disclosed to any third party.

 

19. HYPERLINKS

19.1 No person, business or web site may link to any page on this site without the prior written permission of Blonsies Cake Company. Permission could be obtained from the person referred to in clause 2 hereof.

19.2 External links are provided to the customer for additional information regarding a particular product. The content of these links are beyond the control of Blonsies Cake Company and no representation is made as to their content. The use of these external links provided is to be used at the customer’s risk. Blonsies Cake Company’s Terms and Conditions hold no standing on external sites and customers must abide by the Terms of Use of the external website.

20. SPIDERS AND CRAWLERS

20.1 No person, business or web site may use any technology to search and gain any information from this website without the prior written permission of Blonsies Cake Company. Such permission could be obtained from the person referred to in clause 2 hereof.

SECTION D: INTELLECTUAL PROPERTY RIGHTS

21. INTELLECTUAL PROPERTY RIGHTS

21.1 All the content, trademarks and data on this web site, including but not limited to, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Blonsies Cake Company and as such are protected from infringement by local and international legislation and treaties.

21.2 The trademarks, names, logos and service marks (collectively "Trademarks") that pertain to Blonsies Cake Company displayed on this Website are registered and unregistered Trademarks of Blonsies Cake Company, nothing contained on this Website should be construed as granting any license or right to use any Trademarks without the prior written permission of Blonsies Cake Company. Permission could be obtained from the person referred to in clause 2 hereof.

21.3 Other trademarks, names, logos and service marks used are the property of their respective owners.

22. COPYRIGHT

22.1 Copyright 2018 © Blonsies Cake Company (PTY)Ltd NR 3 Sperwer Crescent Rusntenburg, South Africa. All rights not expressly granted are reserved. To obtain permissions for the commercial use of any content on this site contact Corne Visagie at: +27 076 892 4920 or e-mail us.

22.2 Users may download, view and print content from this site for private and non-commercial purposes only.

22.3 All moral rights of Blonsies Cake Company and its employees/agents are reserved.

22.4 Users are encouraged to inform Blonsies Cake Company of any content that may be offensive or illegal.

 

SECTION E: DISPUTES

23. DISPUTES

23.1 In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this agreement, and not resolved through contacting the owner of Blonsies Cake Company, then such a dispute will be settled by mediation.

23.2 Blonsies Cake Company reserves the right to appoint a mediator of its choosing.

23.3 The customer will be liable for all fees resulting from a dispute.

24. DOMICILIUM

24.1 Blonsies Cake Company 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 Ltd NR 3 Sperwer Crescent Rusntenburg, South Africa