Terms & Conditions

Terms and Conditions

PLEASE REVIEW THESE TERMS AND CONDITIONS CAREFULLY.

Introduction & Agreement

This website (“Site”) is owned by The Unlimited Group (Pty) Limited ("the Company" / “us” / “we”), a private company with limited liability duly incorporated in the Republic of South Africa. 

By shopping or browsing on this Site, you:

PLEASE DO NOT USE THIS SITE IF YOU DO NOT ACCEPT, AND AGREE TO BE BOUND BY, THIS AGREEMENT.

Product Pricing & Availability

The products displayed on this Site are subject to availability as determined by the Company. All prices displayed on the Site are valid and effective only in the Republic of South Africa. The Company reserves the right, without prior notice, to discontinue or change pricing or specifications on the products and services offered on this Site without incurring any liability whatsoever.

Colours

We have made every effort to display as accurately as possible the colours of the products that appear on the Site. As the actual colours you see will depend on your computer’s monitor we cannot guarantee, however, that your monitor's display of any colour will be accurate.

Intellectual Property

All intellectual property rights, including copyright, in all materials, including trademarks, logos, photographs, images, text and other graphics which form part of the Site are owned by the Company alternatively the Company is the lawful user thereof. Such rights are protected by both South African and international intellectual property laws. All data and information communicated to or from the Site and/or any Site information as well as the database is the sole property of the Company.

The Company grants you permission to view, electronically copy and print portions of the Site for the sole purpose of placing an order with the Company for any of the products.

Any use of materials on the Site other than for the purpose noted above including, without limitation, the unauthorised submission, removal, modification, dissemination, copying or distribution of copyrighted or other proprietary content, without the prior written consent of 

the Company and/or the lawful trademark and/or copyright owner (if applicable), is prohibited and constitutes an unlawful infringement of the intellectual property rights of the Company and/or such trademark and/or copyright owner.

Trademarks

"The Unlimited", “You’re Everything” as well as the Company logo and all other marks, logos and trade names appearing on this Site are trademarks of the Company or its affiliates. Nothing contained on this Site should be construed as granting, by implication or otherwise, any license or right to use any of the trademarks displayed on this Site without the express prior written consent of the Company. Your use of any of the trademarks displayed on the Site or in any of its contents is strictly prohibited. You may not copy, reproduce, publish, upload, post, transmit, distribute or modify any of the trademarks appearing on this Site. You further undertake not to infringe any right of the Company or trademark owners in respect of such trademarks. The use of the trademarks on any other website or networked computer environment is prohibited.

Unlawful use

You shall not use this Site to send or post any message or material that is unlawful,

harassing, defamatory, abusive, threatening, obscene, sexually orientated, racially offensive, profane or which violates any applicable law and you hereby indemnify the Company against any loss, liability, damage or expense of whatever nature which the Company or any third party may suffer and which is caused by or attributable to, whether directly or indirectly, your use of the Site.

Links & Advertising

No person, business or other website may link to any page on this Site without the prior written permission of the Company.

External hyperlinks may be provided on the Site, but such links are beyond the Company’s control. You shall not interpret the provision of such hyperlinks as constituting any relationship between the Company and any linked third party, nor as an endorsement by the Company of such third party. Hyperlinks provided on this Site to other websites are provided as is and the Company does not necessarily agree with, edit or sponsor the content of such websites. The use of, or reliance placed by you on any external links provided on the Site is entirely at your own risk.

Any advertising and other promotional material that may be displayed on the Site from time to time shall not be interpreted as constituting any relationship between the Company and any third party placing such advertising or promotional material on the Site, nor as an endorsement by the Company of such third party. Any use of, or reliance placed by you on such material is entirely at your own risk.

Disclaimers and Exclusions of Liability

You expressly agree that use of the Site is entirely at your own risk. The Site and its contents are provided on an ‘as is’ and ‘as available’ basis and has not been compiled to meet individual requirements. It is your responsibility to satisfy yourself, prior to entering into this Agreement, that the service available from and through this Site meets your requirements, and is compatible with the hardware and/or software used by you.

The Company makes no representations nor gives warranties of any kind, whether express or implied including, without limitation, with respect to the Site, its contents, the accuracy thereof or any warranties or representations regarding the effectiveness of any security or encryption facilities or with regard to the availability of products and/or delivery arrangements and times.

The Company disclaims all representations and warranties including, but not limited to, warranties as to the availability, accuracy or content of information, products or services.

The Company does not warrant that the functions provided by the Site will be uninterrupted or error free, or that the Site or the server that makes it available are free from viruses or other harmful components. Save as expressly set out herein, the Company shall under no circumstances whatsoever be liable to you, including without limitation, as a result of or in connection with the Company’s negligent acts or omissions or those of their employees, agents, representatives, sub-contractors or other persons for whom in law they may be liable (in whose favour this constitutes a contract or undertaking for their benefit), for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused (and whether arising under contract, delict or otherwise), sustained by either you, the recipient of the products or services or any other person arising from or as a result of any sale concluded in terms of this Agreement, the delivery, non-delivery, incorrect, erroneous or late delivery, the use or possession of the products or services.

The Company, its directors, employers, sub-contractors, agents, representatives, affiliates and suppliers shall not be liable for any loss, damage (whether direct, indirect or consequential) or expense of any nature whatsoever which may be suffered as a result of or which may be attributable, directly or indirectly, to the use of or reliance upon the Site (including any information contained thereon) or the Internet. You hereby indemnify the Company from and against any loss or damage suffered or liability incurred including, without limitation, in respect of any claim or demand by any third party by reason of any act or omission on your part or that of any family member, agent or representative acting on your behalf in connection with transactions concluded on the Site and/or in terms of this Agreement and/or in relation to the receipt of products or services supplied by the Company pursuant to any such order.

Notwithstanding any other provisions contained herein, the Company's liability whether in contract or delict arising from any breach of any obligation in terms of this Agreement, negligence or otherwise shall not exceed at any time the value of the product(s) in respect of which any such dispute or claim arises.

By accessing this Site you warrant and represent to the Company that you are legally entitled to purchase the products and that all the details you have provided are true and complete. 

Information, ideas and opinions expressed on this Site should not be regarded as professional advice or the official opinion of the Company. You should consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Site.

Security

You agree and warrant that your user name and password shall be used for your personal use only and shall not be disclosed to any third party. You agree that the Company shall be entitled, at all times, to take all reasonable steps to ensure the integrity and security of the Site, including associated applications.

The content contained on the Site may be used by you for your own personal shopping and information purposes only. In using the Site you warrant that you shall not infect it with any computer programming (such as a virus) that may damage, interfere with, delay or intercept any data or information on the Site and you hereby indemnify the Company for any damage caused by any act attributable to you. Any person that delivers or attempts to deliver any damaging code to this Site or attempts to gain unauthorised access to any page shall be prosecuted.

General Terms

The Company may, in its sole discretion, suspend or terminate the operation of the Site at any time without prior notice to you and without the need to give you reasons for such termination or suspension.

We may change the terms of this Agreement from time to time without notice to you. Any amendments will take effect immediately on posting of the amendments on the Site. You shall be deemed to have accepted any changed terms should you continue to use the Site.

If any provision of this Agreement is unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of the remaining terms.

This Agreement constitutes the whole agreement between the parties relating to the subject matter hereof. Any indulgence of extension of time granted by the Company to you shall not be construed as a waiver or variation of any of our rights or remedies.

At the option of the Company, any dispute arising out of the Agreement may be brought in any Magistrates' Court of competent jurisdiction notwithstanding that the amount in issue may exceed the jurisdiction of such court.

The Site is hosted and managed in the Republic of South Africa and this Agreement is accordingly governed by the laws of the Republic of South Africa.

Any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this Agreement, may be submitted to confidential arbitration in Durban, South Africa in terms of the expedited rules of the Arbitration Foundation of Southern Africa.

The Company chooses its domicilium citandi et executandi for all purposes under this
Agreement, whether in respect of court process, notice, or other documents at 1 Lucas Drive, Hillcrest, KZN, 3650 and marked for the attention of the Head of Legal.

General Information

The Company’s:

Electronic Communications

When you use or visit this Site, or send electronic communications to the Site including, without limitation, e-mails or place orders for products, you:

SITE TERMS

To purchase products from the Site you must first register your personal information on the Site. Registration and/or use of the Site constitutes acceptance of this Agreement by you, and shall accordingly apply as between the Company and yourself.

To buy products on the Site you must be over the age of 18 (eighteen) and be the holder of a valid credit card (e.g. a MasterCard or Visa card) ("Credit Card"), or have access to electronic banking in order to make payment via EFT.

On Line Registration

Should you change your delivery address to an address which does not fall within an area to which the Company delivers any orders placed by you after that change will not be accepted.

To register to buy products you will be required to provide us with your personal information including identity number, payment details and your delivery address to enable us to verify who you are and deliver the products you have bought.

You will also be required to choose a user name and a password. Please keep your password secret. The Company accepts no liability for any damages suffered or losses incurred as a result of the misuse or loss of your password. In this regard you represent and warrant that your user name and password shall:

Security

The Company will endeavour to ensure that your personal information and/or Credit Card details are protected as they travel over the Internet. Given the current state of Internet technology however, there is no guaranteed secure transmission of data over the Internet. Therefore the Company cannot guarantee the absolute security of any information you transmit to us or which the Company transmits to you.

For further information please refer to the Security Policy.

Pricing

Subject to availability, the price you pay for products will be the price shown on the Site on the date that you pay for such products.

Special promotions may be subject to certain conditions, including stock availability and limited offer stipulations.

The price of each product is the price displayed on the Site. All prices are quoted in South Africa Rand. Prices exclude VAT at the rate of 14%, unless otherwise stipulated. Delivery costs are calculated taking into account the area/country of delivery as well as the weight of the product being delivered, and are quoted separately. 

Payment

Prior to delivery of the products to you, the Company shall be entitled to debit the Credit Card supplied by you on acceptance of your order should you be paying with a Credit Card.

Should you pay for the products via EFT the products will only be delivered to you once your payment has cleared in the Company’s bank account, and is reflected as a payment on the Company’s bank statement.

By submitting an order to buy products as well as your identity number you:

In order to protect our interests as well as yours, the Company may scrutinize transactions to prevent attempted fraud. A transaction may be refused if the Company is not satisfied that it is legitimate. Products will only be despatched for delivery when the Company has received payment for the product.  In instances of delivery outside of the borders of South Africa delivery costs will be applicable.

Stock Availability

The Company cannot always guarantee availability of stock. If we are unable to supply each and every product ordered or in the quantities ordered, you nevertheless agree to accept delivery and make payment for the items correctly delivered. Stocks of all goods on offer are limited. The Company shall use its reasonable efforts to discontinue the offer as soon as stock is no longer available.

Under no circumstances will the Company be liable to you for failing to supply products ordered by you if the shortage of stock or capacity is due to circumstances beyond the Company’s control. In such circumstances the Company will take reasonable steps to inform you of the shortage of stock or capacity as soon as it is practicable to do so.

Confirmation of Orders

Orders placed on the Site constitute your offer to purchase products subject to this Agreement. Your offer is deemed to have been accepted by the Company when payment is received from the issuing bank in the case of payment via Credit Card, or when your payment reflects on the Company’s bank statement in the case of payment via EFT. Failure by the Company to formally confirm or notify acceptance shall not affect the validity of the sale or the enforceability thereof. 

Risk and Ownership

Risk in the products shall pass to you upon delivery of the products at the delivery address chosen by you. Until payment is received in full for any goods sold, ownership in the products shall remain with the Company and such products shall be returned and/or surrendered to the Company following receipt of a default notice from the Company.

Agreement of Sale

An agreement of sale in respect of a Product between the Company and you only comes into effect if and when a Credit Card authorisation is received by the Company from the issuing bank or when the Company’s bank statement reflects your payment via EFT. The Company reserves the right to:

The Company shall only be liable to refund monies already paid by the user. A delivery fee will be charged each time products are delivered to you.

Collections

We do not currently offer a collection option.

Returns & Exchange Policy

If you are not satisfied with product purchased through the Site and you wish to replace it, please email the Company on: info@birdbook.co.za . Please note that we will only replace the product if you receive it:

We will not accept the return of any product for replacement purposes should the product:

Products must be returned to us in their original condition together with the packaging. Products will be inspected prior to them being replaced.

Should we refuse to accept products that you wish to return (because, for example, you have used them or damaged them), you authorise us to debit your Credit Card with the cost of the courier having to redeliver the products to the address specified by you.

Should we agree to replace the products originally purchased by you the Agreement (including these policies) shall apply to the new product i.e. a new box set containing both volumes of The Ultimate Companion for Birding in Southern Africa.

Should you wish to cancel your order, the provisions of the Site Terms shall apply (see in particular the section entitled ‘Cancellation’). Should the products have been used or damaged the purported cancellation of the sale will not be accepted.

Should the Company accept your cancellation of an order; the Company will refund the purchase price to you within 30 days from the date on which we accepted your request to cancel the order. The refund will only be processed once the products have been returned to the Company. Should you be unable to produce proof of purchase, i.e. an invoice, the Company will refund you the lowest price for that Product that applied during the preceding 30 day period. The delivery charges will not be refunded to you.

Cancellation

If you would like to cancel an order this may be done by emailing the Company on info@birdbook.co.za. You will be able to cancel orders up to a period not exceeding seven days after the date on which the products are received by you. No penalty charges will be levied against cancelled orders prior to the abovementioned cut-off time. The Company will, however, be entitled to recover from you the direct cost of recovering the products.

The Company will only accept a cancellation of an order in circumstances where the products are returned to the Company in their original condition together with the packaging within 10 business days after delivery to you, and provided the products have not been used or otherwise altered in any way whatsoever.

The Company shall be entitled to retain any payment already received from you in respect of delivery fees where a Product has already been delivered to you prior to your cancellation of the order, as set out above.  

If you cancel your payment for any reason or if your Credit Card should cease to be valid for whatever reason, you will nevertheless be bound to pay to the Company the full purchase price, including all costs incurred by the Company in respect of any products already delivered to you, and which you have not returned to the Company as set out above.

Without prejudice to any other rights or remedies in law, the Company shall be entitled to cancel forthwith any sale and/or your registration if you should breach any of your obligations.

Cash refunds will not be given. The Company will replace any damaged products. In the case of refunds, any monies due to you will be paid back into the bank account from which payment was received from you. 

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