Terms and Conditions
Welcome to The Beach Shop CC trading as BS CREATIONS website and online shop.
Your attention is drawn to these TERMS AND CONDITIONS because they are important, so, please read our TERMS AND CONDITIONS carefully before proceeding to place your order.
GENERAL TERMS AND CONDITIONS
These Website Terms and Conditions (“TERMS AND CONDITIONS”) govern the ordering, sale, delivery of goods, returns and use of this website.
These Terms and Conditions are binding and enforceable against every person who accesses or uses this Website (“you”, “your” or “user”). This including the limitations with each user who registers as contemplated below (“registered user”).
You acknowledge that you have read and agreed to be bound by these Terms and Conditions. By using this Website in anyway, you shall be deemed to have accepted all the Terms and Conditions unconditionally. If you do not agree to all of our Terms and Conditions of this Agreement, you shall not be entitled to use any of our services.
If there is any provision within these Terms and Conditions that you do not comprehend, it is your responsibility to enquire from BS Creations who will explain it to you before you continue using the Website.
Our failure to exercise or enforce any right or provision in respect of these Terms and Conditions shall not constitute a waiver of such a right or provision. These Terms and Conditions and any policies or operating rules posted by us on this website or which refer to the Terms and Conditions, constitutes the entire agreement and understanding between you and BS Creations which governs your use of our service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and BS Creations. Any ambiguities in the interpretation of these Terms and Conditions shall not be construed as being bias in favour of the BS Creations.
We reserve the right to correct any errors, omissions, inaccuracies and to change or update or cancel orders if any information on our website is inaccurate at any time without prior notice including after you have submitted your order.
Occasionally there may be information on our site that contains inaccuracies or omissions that may relate to product descriptions, promotions, pricing, and availability. We accept no responsibility to amend, clarify or update information on our website except as required by law. Prices of our products are subject to change without notice.
1. Users may place orders for goods, which BS Creations may accept or reject. Whether or not BS Creations accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and the receipt of payment or payment authorisation by BS Creations for the Goods.
2. By using the BS Creations Website you warrant that you are 18 (Eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (Eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use BS Creations Website only with the involvement and under the supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
3. We reserve the right to refuse service to anyone for any reason at any time. In our sole discretion, we may limit or cancel the quantities purchased per person or per order. Any notice to notify of any change may be made by email or to the phone number provided, when the order was placed.
4. Orders are to be sent to email@example.com.
5. Orders may not be cancelled after receipt of payment of Goods by BS Creations. After dispatch of your Goods, you may cancel the Sale only in accordance with the Returns Policy.
6. Placing Goods in a shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available. You cannot hold BS Creations liable if such Goods are not available when you complete or attempt to complete the purchase cycle at a later stage.
7. You acknowledge that stock of all Goods on offer is limited. In the case of Goods for sale by BS Creations, BS Creations will make all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereon are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after placing an order, BS Creations will notify you, and we will offer advice on alternative styles and colours. Should you choose not to proceed with an alternative choice, then you will be entitled to a refund of the amount paid by you for such Goods within 14 days.
Subject to availability of Goods and upon receipt of full payment, all requests will be processed within 1-2 working days and delivery confirmed by way of email. We recommend checking your Junk/Spam email folder as well. If you do not receive a confirmation email within this time, please contact us immediately.
BS Creations offers one method of delivery of Goods to you, via POSTNET. Postnet charges are R99, per 0-5kg countrywide. If over 5kg an extra R20 per kg will be charged. Please note it will be Postnet to Postnet. Delivery takes 2-4 working days, after receipt or confirmation of payment reflecting on our bank account.
We are not responsible for any loss, or damage of any kind incurred as a result of the use of POSTNET. Please ensure you supply us with the correct Postnet address closest to you. The Goods become the liability of the customer once leaving our dispatch. Please note all tracking information will be emailed to you for your tracking ease, once the parcel has been dispatched.
COLLECTION OF ORDER
You may collect your Goods from any of our shops situated at the following Shopping Malls:- Windermere Centre, Durban Central. La Lucia Mall, La Lucia. Hillcrest Checkers Corner, Hillcrest. Directions will be given upon receipt of payment. You will not be charged any postage fee.
1. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
2. Payments can be made for Goods via: Visa, Master Card, Dinners or bank transfers into THE BEACH SHOP BANK ACCOUNT, the details of which are provided on checkout. Where payment if made by Credit Card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we reserve the right to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation, your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for the purposes of paying for the Goods. You also warrant that you credit card has sufficient available funds to cover all the costs incurred as a result of the services offered on the Website.
Payfast have strict measures in place securing all transactions within a robust PC1 D55 Level 1 environment. They also have dedicated resources equipped to fight online fraud and to keep both buyers and sellers from cyber abuse.
We also accept payment via Zapper.
3. Once you have selected your payment method and accept these Terms and Conditions, you will be directed via a link to a secure site for payment of the applicable purchase price for the Goods.
4. You may contact us via email at firstname.lastname@example.org to obtain a full record of your payment. We will also send you an email and SMS communication about your order and payment.
RETURNS, REFUNDS AND EXCHANGES
We want you to be happy with your purchase. We will do our utmost to assist with styles and sizing to ensure that our customers are thrilled with their purchases. If you are not completely satisfied, you
can return the product to us and we will either repair/replace it or refund you, subject to the terms below. This policy applies to all Goods purchased from BS Creations.
This policy forms part of the BS Creations Terms and Conditions and words defined in the Terms and Conditions have the same meaning in this policy unless the context indicates otherwise. Nothing in this policy is intended to limit your statutory rights in any way.
We have made every effort to display the colours of our products that appear on the website as accurately as possible, however please note that colours may vary due to different resolutions on the computer.
If you are not completely satisfied, please return the item within 48 hours of receipt of Goods. Please email email@example.com, and we will do our utmost to accommodate you and exchange the item. In your subject heading please state whether you are claiming for a RETURN or EXCHANGE. You will receive the return instructions and we will send you the new item as soon as we receive your return. Goods returned are at the expense of the customer. We will not accept responsibility for the non-arrival of returned items that are sent by any means other than via POSTNET, 137 JAN HOFMEYR ROAD, WESTVILLE, DURBAN, 3630.
Customers are advised to please inspect the Goods on delivery, before removing any price tags or disposing of any packaging and to retain their original Invoice. Please inform us of any defects via email within 48 hours of receipt of the items.
Items can be exchanged for a different size provided that such variation is available. As we have limited stock in each print/style, BS Creations is unable to guarantee the permanent availability of all items at all times. Should a certain style/colour be out of stock, we will advise you and offer advice on alternative styles and colours. Please note if we are unable to assist a Voucher or refund will be offered within 14 days of returned delivery of item, provided items are unworn, have not been washed, not damaged and still have price tags attached and are in their original packaging.
If, upon inspection, we find that the conditions above have not been strictly adhered to, we will return the garment to you.
GOODS NOT ELIGIBLE FOR RETURN
The following goods are NOT eligible for a refund or exchange:
1. Clearance Sale Garments
2. Electronic Vouchers
We do our best to ensure that the items we deliver to you are of a high quality and without defects.
What is a Defect? A defect is a material imperfection in the manufacture of a product or any characteristic of a product, which makes the product less acceptable than that one would reasonably to expect in the circumstances. The following will NOT be regarded as defects and will not entitle you to a return or exchange:
1. Faults resulting from normal wear and tear.
2. Damage arising from a failure to adequately care for the item.
3. Damage arising from negligence, user abuse or incorrect usage of the item.
4. Damage arising from unauthorised alterations to the item.
5. Where the specifications of a product, although accurately described on our Website and generally fit for its intended use, does not suit you.
We will only accept defective items if unused, is still in its original packaging and have price tags attached. The faulty/defective items must be returned to BS Creations, Postnet, 137 Jan Hofmeyr Road, Westville, 3630, and same will be inspected and assessed at our factory by our Quality Controller. After assessment, and taking fair wear and tear into account, items may be repaired and returned where repair is possible. BS Creations will only pay postage costs if item is found to be defective, after assessment by our Quality Controller. We reserve the right to refuse a return or exchange for any item sent back in a condition where the item has been worn, washed, had tags removed or damaged. Only new and unused items will be eligible for a refund or exchange.
If you are a consumer (under the CPA) Goods must be returned within the seven day cooling-off period and our Quality Controller report must state that the Goods were defective, then we will either contact you and ask you whether you would like us to repair, replace or refund the price of the Goods.
GOODS ARE NOT WHAT YOU ORDERED
If we accidentally deliver the wrong Goods to you or if the Goods are not as described on our Website, please email us within 48 hours of receipt and return the Goods to BS Creations, Postnet, 137 Jan Hofmeyr Road, Westville 3630. BS Creations will reimburse you the Postnet postage of R99. Once we have inspected the product and validated your return, we will, at your choice, deliver the correct product to you as soon as possible (if the correct product is available), or refund/credit your account with the purchase price of the product within 14 days of return. Please note that your banking institution may require additional days to process and post this transaction to your account once they received the payment from BS Creations