Terms & Conditions

Terms & Conditions

These terms and conditions regulate the business relationship between you and us. By using Our Website in any way, or by buying from us, you agree to be bound by them.

We are: Blackbeancoffee.africa

Our address is: Bellairs Drive, Johannesburg, Gauteng

You are: a visitor to Our Website / our customer

The terms and conditions:

Definitions

In this agreement:

“Carrier”	means any person or business contracted by us to carry Goods from us to you.
“Consumer”	means any individual who, in connection with this agreement, is acting for a purpose which is outside his business.
“Content”	means any content in any form published on Our Website by us or any third party with our consent.
“Goods”	means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you.
“Our Website”	means any website of ours and includes all web pages controlled by us.
"Post"	means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases "Posted" and "Posting" shall be interpreted accordingly.

Interpretation

In this agreement, unless the context otherwise requires:

a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
these terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.
any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person.
in this agreement references to a party include references to a person to whom those rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that party.
the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation.
a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party.
these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website.
this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

Our contract with you

This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other terms not forming part of this agreement.
If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
Because we rely on our suppliers, we do not guarantee that Goods advertised on Our Website are immediately available. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.
The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods.
If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.
We do not sell the Goods in all countries. We may refuse to deliver the Goods if you live in a country we do not serve.

Acceptance of your order

Your order is an offer to buy from us. Nothing that we do or say will amount to any acceptance of that offer until we actually dispatch the Goods to you. At any point up until then, we may decline to supply the Goods to you without giving any reason.
At any time before the Goods are dispatched, we may decline to supply the Goods to you without giving any reason.
If we do not have all of the Goods you order in stock, we will offer you reasonable alternatives for your consideration. If this happens you may:

accept the alternatives we offer;
cancel all or part of your order.

Price and Payment

At Blackbeancoffee.africa, we want our consumer to enjoy an easy, simple & efficient experience when making their purchase, whilst providing convenient payment options.

We offer the following payment options:

We use PAYFAST as our payment gateway to make a quick & easy payment via your Credit / Debit Card. All payments are secured by PAYFAST and 3D Secure technology. PAYFAST is one of the most secure online Visa & Mastercard processors, employing 3D Secure to add another layer of security to the payment process.
The following payments methods are accepted via PAYFAST:

Instant EFT
Visa
Mastercard

We do accept EFT payments; it must be noted that no stock will be secured with a supplier or dispatched to a consumer until we have had confirmation from our bankers that the funds have cleared. A proof of payment from a consumer does not suffice as sufficient proof of payment having been made.

The Price is as set out in the order.

All prices are subject to stock availability and exchange rate fluctuation.
Prices may change without notice.
It is possible that the price may have increased from that posted on Our Website. If that happens, we will not dispatch the Goods until you have confirmed that you wish to buy at the new price.
Prices include value-added tax (“VAT”). If you show by your delivery address that you reside outside South Africa, VAT will be deducted at the payment point.
If the item you order is available in parts, you must pay us the full price of your order before we will send any part of it.
Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than ZAR will be borne by you.
Any information given by us in relation to exchange rates are approximate only and may vary from time to time.
If by mistake, we have under-priced Goods, we will not be liable to supply those Goods to you at the stated price, provided that we notify you before we dispatch it to you.
The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on the checkout page of Our Website before we ask you to pay.
If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 7 working days from the date when we accept that repayment is due.
We do not process cash refunds.
*Discount codes provided may not be used in conjunction with any other discount or free gift offers.

Security of your credit card

We have stringent security measures in place to make sure that Our Website is safe for you to use.

Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.
If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.

If you buy as a Consumer

This paragraph applies if and only if, you are a consumer as defined in the Electronic Communications and Transactions Act 2002.

As required by the law, details of our after-sales service and guarantees, if any, are given in Our Website terms and conditions or in catalogues.
You may cancel your order at any time before the expiry of 7 days from the date you receive the Goods, not including the day you received it. The following conditions apply:

The product must be unused, undamaged and in its original unopened packaging

The option to cancel your order is not available:

If used, opened & not in original sealed packaging;
if you purchase sealed Goods which relate to health or hygiene such as coffee and the like, and they become unsealed after delivery, or cannot be re-sold for some other reason;
if the goods become mixed inseparably (according to their nature) with other items after delivery.

You are responsible for the cost of returning the Goods. We have no obligation to refund to you, your cost of re-packing and returning the Goods, nor bank/admin costs incurred at time of placing your order.
If the Goods you return, show any sign of damage or loss due to your checking then we shall be entitled to deduct the cost from your refund money.
In the event of cancellation of an order by you in compliance with these terms, we will refund any money due to you within 07 (Seven) working days.
To assist us in identifying your Goods on receipt by us, we ask you to provide a contactable telephone/cell phone number for a return reference to be placed below our address/returns label.
This paragraph does not affect your rights in the event that the Goods are faulty.

Delivery/Shipping

The delivery fee will be billed at checkout. The delivery fee and cost of purchase must be paid in full at checkout in order for an order to be dispatched.
We ship directly from supplier to consumer & rarely are able to accommodate a collection request.

Guide to general shipping rates:

Order Value of R1999 or less = R129.00
FREE Shipping for all orders of R2000.00 or more within the borders of South Africa
International - Please contact us for a quote; the R1500 stated at checkout is estimate only and not a final cost. (T's&C's Apply)
- We don't ship to door & to port of entry only
- All International/Cross-Border orders are subject to a shipping cost & do not qualify for free shipping as may be the case for orders within the borders of South Africa to major Centres

Should any shipping rate differ from that stated above, the actual rate will be confirmed at checkout, prior to making payment.

Delivery fees are applicable to deliveries to major centres within the borders of South Africa
We only delivery within the borders of South Africa
For international rates, please contact us at info@blackbeancoffee.africa
Goods are delivered within 4-7 (Unless otherwise stated on the product page) business days (**To Major Centre's), dependent on where you live in South Africa, from the day you place an order to purchase the Goods. Regional Centre's & Outlying Areas may take a day or two longer, although every effort is always made to have orders delivered ASAP.

Outlying/Rural Areas Surcharge (As defined by the courier)

A surcharge applies to outlying/rural areas (As defined by the courier). This surcharge can only be established/provided if the consumer enquiries prior to placing an order or if not enquired, only after the order has been placed.

Should a surcharge apply to your area of delivery, this will be communicated to you ASAP. The surcharge will be payable via EFT, prior to the order being dispatched, failing which, we reserve the right to cancel the order and reverse the payment made via PAYFAST.

It must be noted that we do not apply a mark-up to any courier costs, aiming to simply cover the actual cost of shipping. These costs cannot be absorbed into the margins of items as this will not allow us to remain competitive with our pricing.

*Click HERE to view Route Guide for Rural, Outlying or Remote Areas*

Our carriers are outsourced & deliver between 09h00 and 17h00 from Monday to Friday (excluding public holidays). Our ability to deliver efficiently & timeously is subject to the availability of product ordered and the provision of an accurate & comprehensive delivery address, including correct contact details of the consignee. Orders cannot be delivered to a P.O.Box or POSTNET address or a FARM.
Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept the delivery.
If we are not able to deliver your Goods within 7 days working days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
We may deliver the Goods in instalments if they are not all available at the same time for delivery or are sourced from different suppliers across the country.
Goods are sent at our risk until signed for by you or by any other responsible person you have appointed at the delivery address.

All Goods must be signed for on delivery by an adult aged 18 years+. If no one of that age is at the address when the delivery is attempted the Goods may be retained by the driver. When your Goods arrive, it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit or short-delivered, you must refuse the delivery and immediately contact us, as time is of the essence in resolving these matters, so that we may investigate & dispatch a replacement quickly and minimize your inconvenience.

Please provide us with as many images as possible of any visible damage to the parcel/s
Product damaged in transit will be replaced – we will however require images of damages in order for us to claim from our courier
If damages / shortages are not reported immediately or within 24 hours of delivery, we will not be liable or able to assist.

Upon signing for delivery, whether via signature or PIN it is accepted as your confirmation that the order has been delivered correctly & in good order.
Signing "Unchecked", "Not Checked" or similar is not acceptable.

If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. We are therefore not liable to you for any expense or inconvenience you may incur on account of delayed delivery or non-delivery.
All goods will be delivered direct from the manufacturer/supplier. When delivery of the Goods has been arranged directly with the manufacturer/supplier, you will be subject to the manufacturer's delivery policy.
Some Goods are so large and heavy that delivery times may be slightly longer. In this case, approximate delivery dates will be given when you place your order.
Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.

Foreign taxes and duties

If you are not in South Africa, we have no knowledge of, and no responsibility for, the laws in your country.
You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.

Liability for subsequent defects

We will repair, replace or take back Goods which fail to comply with the provisions of the Consumer Protection Act 2008 or which show a defect. If you claim that the item is defective, the following conditions apply:

the defect must be reported to us within 24 hours of becoming apparent;
the defect results only from faulty design or manufacture;
you have returned the defective Goods or parts to us if we have so requested.
As we are not technical experts of any product the Goods will be sent to the supplier for inspection and confirmation of defect/fault

Should the supplier confirm defect/fault, we will refund the cost of return carriage and will repair or replace the Goods free of charge.
If we repair or replace the Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.

Goods returned /exchanged

These provisions apply in the event that you return any Goods to us for any reason:

We do not accept returns unless there was a defect in the Goods at the time of purchase, and we have agreed in correspondence that you may return them.
Before you return the Goods to us, please carefully re-read the instructions and check that you have assembled it correctly and complied with any provisions relating to the power supply, plugs, sockets & manufacturer installation requirements.
The Goods must be returned to us as soon as any defect is discovered but not later than 6 months of receiving delivery.
Orders are to be returned:

with both Goods and all packaging in their original condition;

Unused, undamaged and in original packaging

securely wrapped, to ensure no damage whilst in transit;
including our delivery slip;
at your risk and cost (Not applicable to faulty product delivered)

You must inform us by email to info@blackbeancoffee.africa that you would like to return Goods, specifying exactly what Goods, when purchased, and giving full details of the defect or other reason for return. We will then confirm via return mail that you are to return the goods. If you send Goods to us without an e-mail confirming the return, we may not be able to identify sufficient details to enable us to attend to your complaint.
In returning faulty Goods, please enclose with it a note clearly stating the fault and when it arises or arose.
The cost of the return is for your account (Not applicable to faulty product delivered)
Goods are covered by a manufacturer's guarantee/warranty & will in all cases be referred to the manufacturer's service agents for inspection. Please first check the plug, fuse, batteries and the manufacturer's operating/installation instructions.
Note that we are resellers of products direct from suppliers, we do not provide product training, workshops or the like for any product sold on our website. We will with all requests for training, direct you to the product user manual and or service agents.
If we agree that the Goods are faulty, we will:

Also, refund the cost of return carriage;
repair or replace the Goods as you choose.

Should a consumer make a purchase & decide to cancel due to the purchase having been made in error or the consumer has had a change of mind prior to or after delivery of the order, a 10% admin fee will be deducted from the amount paid by the consumer, to cover banking & admin costs/fees which we have already been charged, the balance of which (Excl. Shipping Fee), will be refunded to the consumer via EFT only once the consumer's funds have been cleared in our account & after the item/s have been received back in good order i.e.: Unused & in original packaging. As we don't hold stock & ship direct from supplier, most suppliers will impose a restocking fee (Which may range anywhere between 20-25%) for returns, should this be the case, the consumer will be liable for such a cost & will additionally be deducted from any amount to be refunded. In addition, the return of orders, in such instances, will be at the consumers risk & cost. The returned item/s must reach us within 7 working days of receipt of the item/s.

We strongly encourage the consumer to ask as many questions as possible prior to placing an order.

It must be noted that due to us shipping directly from suppliers, in the unlikely event of an out-of-box-failure (Item is received and immediately found to be faulty), unlike a brick and mortar retail store where you will take the item back for an immediate exchange, as they hold stock on hand, we will arrange a collection of the item to be sent back to the supplier for assessment or may direct you to a service agent nearest to you, after which the supplier will ship a replacement item directly back to you; unfortunately this comes at the expense of 'time" & it could take up to 10 working days for you to receive the replacement unit as we don’t provide loan units.

Refunds

All confirmed/accepted refunds will be processed via an EFT or a reversal of funds via Payfast which will deposit funds make into the account from which payment was made at the time of purchase.
Blackbeancoffee.africa may request banking details from the consumer, into which the funds must the transferred. Refunds will be processed without delay as soon as your funds have cleared in our account, this could take up to 72 hours to clear.
It is to be noted that EFT’s / reversals may take up to 72 hours to reflect into the account holders account once processed. The speed at which a credit reflects in a consumer's account is not within our control and is dependent on the transfer of funds between banking institutions. Proof of the refund / reversal of funds transaction will be emailed to the consumer as soon as the refund /fund reversal has been processed.
Should a consumer make a purchase & decide to cancel due to the purchase having been made in error or the consumer has had a change of mind prior to or after delivery of the order, a 10% admin fee will be deducted from the amount paid by the consumer, to cover banking & admin costs/fees which we have already been charged, the balance of which (Excl. Shipping Fee), will be refunded to the consumer via EFT only once the consumer's funds have been cleared in our account & after the item/s have been received back in good order. As we don't hold stock & ship direct from supplier, most suppliers will impose a restocking fee (Which may range anywhere between 20-25%) for returns, should this be the case, the consumer will be liable for such a cost & will additionally be deducted from any amount to be refunded. In addition, the return of orders, in such instances, will be at the consumers risk & cost. The returned item/s must reach us within 7 working days of receipt of the item/s.

We strongly encourage the consumer to ask as many questions as possible prior to placing an order.

Disclaimers

The law differs from one country to another. This paragraph applies so far as the applicable law allows.
All the conditions, warranties or other terms implied by the law of any country other than South Africa are excluded from this agreement to the extent permitted by law.
We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice.
You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
We give no warranty and make no representation, express or implied, as to:

the quality of the Goods;
any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
the correspondence of the Goods with any description;
the adequacy or appropriateness of the Goods for your purpose;
the truth of any Content on Our Website;
non-infringement of any right.

We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods.
Except in the case of liability for personal injury or death, our liability under this contract is limited, to the maximum extent permitted by law, to the value of the Goods you have purchased.

Your account with us & The Protection of Personal Information Act (POPIA)

You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.
You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.

Blackbeancoffee.africa will:

Treat your personal information as strictly confidential, save where we are entitled to share it as set out herein;
Take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
Provide you with access to your personal information to view and/or update personal details;
Promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
Provide you with reasonable evidence of our compliance with our obligations on reasonable notice and request; and
Upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.

We will not retain your personal information longer than the period for which it is needed, unless we are legally required to do so, or if you consent to us retaining such information for a longer period.

What information do we collect?

Information is collected when a customer registers on our site, places an order or submits a query.
Information that may be collected and which you may be required to provide includes your Name, email address, Delivery address and/or contact number.

What do we use the information for?

The information that is collected may be used in one or more of the following manners:-

To improve our customer service, website or service offering;
Process orders and transactions;
Ensure delivery of your order via a third-party courier service;
Send communications to you regarding our business or promotions.

Where an email address is provided, we undertake only to use it for purposes of communicating with you regarding an order placed with us, unless you specifically provide permission through an opt-in function to receive various communications transmitted to our mailing list including website news, product information, promotions, updates etc.
Should you opt-in to our mailing list and at any stage decide that you would like to unsubscribe from any future emails, an unsubscribe option is available in our emails.

How is your information protected?

We use data encryption on all sensitive information to protect user information.
We have no access to your password and are only able to send you a system generated email which will allow you to reset your password.
We do not share any personal information with any 3rd party companies with exception to our courier company who needs minimal information in order to deliver your order

Third party disclosure

We will never sell or transfer your personal identifiable information to third parties without your express permission to do so for any specified purpose.
This does not include third parties who assist in the administration of this website or assisting in service delivery or administration to you as the customer. Such transfers or disclosure shall only insofar as necessary for the legitimate purpose.
We may also disclose your information where required to do so by law or a law enforcement agency or to protect the rights of Blackbeancoffee.africa and other users.
Non-personal identifiable data may be disclosed to third parties for purposes of marketing, market research or gathering of statistics.

Use of cookies

The website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content, and to display more focused advertising to a user by way of third party tools. The type of information collected by cookies is not used to personally identify you. Please note that cookies may be necessary to provide you with certain features available on our website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our website will therefore be limited. If you do not disable “cookies”, you are deemed to consent to our use of any personal information collected using those cookies, subject to the remainder of provisions of this clause.

Third party links

Where we include or offer third party products or services on our website, such websites are not subject to these Terms and Conditions and will be subject to their own privacy policies.

It is your responsibility to familiarise yourself with such policies and Blackbeancoffee.africa shall have no responsibility or liability for the content of activities of these linked sites.

Restrictions on what you may Post to Our Website

You agree that you will not use or allow anyone else to use Our Website to Post Content which is or may:

be malicious or defamatory;
consist in commercial audio, video or music files;
be illegal, obscene, offensive, threatening or violent;
be sexually explicit or pornographic;
be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
solicit passwords or personal information from anyone;
be used to sell any goods or services or for any other commercial use;
include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
link to any of the material specified above, in this paragraph.
send age-inappropriate communications or Content to anyone under the age of 18.

Your Posting: restricted content

In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.

In addition to the restrictions set out above, a Posting must not contain:

hyperlinks, other than those specifically authorised by us;
keywords or words repeated, which are irrelevant to the Content Posted.
the name, logo or trademark of any organisation other than yours.
inaccurate, false, or misleading information.

How we handle your Content

Our privacy policy is strong and precise. It complies fully with current law.
If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control who sees it or what anyone does with it.
Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should, therefore, avoid Posting unnecessary confidential information.
We need the freedom to be able to publicise our Services and your own use of them. You therefore now irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, in public domains and in any medium. You represent and warrant that you are authorised to grant all such rights.
We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.
You agree to waive your right to be identified as the author and your right to object to derogatory treatment of your work as provided in the Copyright Act 1978.
Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it, and we will not protect your rights for you.
You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
Please notify us of any security breach or unauthorised use of your account.
We do not solicit ideas or text for improvement of our Service, but if you do send to us material of any sort, you are deemed to have granted us a licence to use it in the terms set out at sub paragraph five above.

Removal of offensive Content

For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
If you are offended by any Content, the following procedure applies:

Your claim or complaint must be submitted to us in the form available on Our Website or contain the same information as that requested in our form. It must be sent to us by post or email.
we shall remove the offending Content as soon as we are reasonably able;
after we receive notice of a claim or complaint, we shall investigate so far as we alone decide;

We may re-instate the Content about which you have complained or not.
In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees if any.

Security of Our Website

If you violate Our Website we shall take legal action against you.

You now agree that you will not, and will not allow any other person to:

modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it.
link to Our Website in any way that would cause the appearance or presentation of the site to be different from what would be seen by a user who accessed the site by typing the URL into a standard browser;
download any part of Our Website, without our express written consent;
collect or use any product listings, descriptions, or prices;
collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website;
Share with a third party any login credentials to Our Website.
Despite the above terms, we now grant a licence to you to:

create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
you may copy the text of any page for your personal use in connection with the purpose of Our Website.

Indemnity

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

your failure to comply with the law of any country;
your breach of this agreement;
any act, neglect or default by any agent, employee, licensee or customer of yours;
a contractual claim arising from your use of the Goods;
a breach of the intellectual property rights of any person.

Intellectual Property

We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.

Miscellaneous matters

When we communicate with you, we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service.
If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
Blackbeancoffee.africa respects your privacy & takes reasonable steps to protect your personal information as defined in the Promotion of Access to Information Act 2000 and Protection of Personal Information Act 2013. Our compliance with the legislation is set out in Privacy Policy.
The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
Any communication to be served on either party by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.

It shall be deemed to have been delivered:

if delivered by hand: on the day of delivery;

if sent by post to the correct address: within 72 hours of posting;

If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.

In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
This agreement does not give any right to any third party.
Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control.
In the event of any conflict between any term of this agreement and the provisions of the memorandum of incorporation of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
The validity, construction and performance of this agreement shall be governed by the laws of the Republic of South Africa.

E&OE

All queries may be directed to info@blackbeancoffee.africa