For ease of reference all use of the terms “We”, “our” and “us” in these Terms and Conditions refer to “BFS Barker”.
All Terms and Conditions (T&C’s), policies and disclaimers on the BFS Barker website apply to the use of the website as well as the online ordering, sale and delivery of goods and services.
Terms and Conditions specifically for projects that are transacted offline, directly with our sales consultants and for account holders, would differ with the online (T&C’s) and are displayed on our account application forms, quotations, and tax invoices accordingly.
Use of our website confirms an understanding and acceptance of these T&C’s, policies and disclaimers and customers will be bound by these T&C’s during all transactions relating to the purchase of products from our website.
These T&C’s, we may change without notice from time to time.
BFS Barker shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to information Act 2 of 2000(PAIA). The PAIA may be downloaded from http://www.polity.org.za/attachment.php?aa_id=3569. Please refer to our full privacy policy for more information.
Errors, Omissions
While all reasonable effort is made to provide accurate information about products (including pricing, availability, features and descriptions), we do not accept liability and shall not be held liable for any loss or claim as a result of such error or inaccuracy.
We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice, including after an order has been submitted in which case, where the correction is significant, we will take all reasonable effort to inform affected customers.
Product Description
Product descriptions are for marketing purposes only and are presented in a simple comprehensible format.
Product descriptions on this website are not intended to be exhaustive technical information sheets and terminology may be used in a broad sense or for specific purposes only.
Purchases and Stock Availability
In order to purchase products that are displayed on our website, customers will be required to provide certain information, which may include personal information. Please refer to our Privacy Policy regarding how we process and use this personal information.
Prices displayed on our website are subject to change without notice.
All pricing advertised on our website includes VAT of 15%.
Orders placed may be declined or cancelled in the event of:
products being out of stock,
products being damaged or found not to be in suitable condition,
products that contain incorrect product information,
products that have incorrectly displayed prices,
payment for products not being received or
payments not being authorized by BFS Barker.
In these circumstances, if an order has been cancelled where credit card payment has been the method of payment, the amount will automatically be refunded back to the credit card.
BFS Barker will notify customers as soon as we can if any ordered Items are not available (this may take a few days, depending on the delivery and payment method).
Payment
Payment for Online orders is always subject to BFS Barker’s agreements with its bankers and the outsourced financial transactions service provider.
To ensure customer peace of mind, BFS Barker subscribes to high security and encryption standards and we have taken all reasonable security measures to ensure that payment and card details, as well as related confidential information, cannot be accessed by anyone who is not authorized to do so.
Customers may pay for online orders and delivery costs using only the payment options provided on the online secure platform found in the checkout process on the BFS Barker website. These payment methods include Visa and Mastercard.
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is
South African Rand (ZAR).
Card transactions will be acquired for BFS Barker via PayGate (Pty) Ltd who are the approved payment gateway for all South African
Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the
Users may go to www.paygate.co.zato view their security certificate and security policy.
Customer details will be stored by BFS Barker separately from card details which are entered by the client on PayGate’s secure site.
BFS Barker takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website,
customer service and support, dispute resolution and delivery of goods.
When placing orders, and providing the required personal details, including payment card details the customer warrants that they are authorised to make payment with the payment card and that there are enough funds available to pay for their order.
If we have not received payment within seventy-two (72) hours, the Order will not be accepted and will be automatically cancelled.
We regret that we do not accept cheques or cash on delivery.
Once payment has been received the customer will be issued with acknowledgement of payment and the delivery process will then commence.
No orders shall be dispatched until payment has cleared in our account.
Delivery and Collection
For purposes of this clause “we, us, our” shall include any agent or independent contractors who may be responsible for delivery on behalf of BFS Barker which may also include a Postal Office or a courier service.
Due to the diversity of our product offering, delivery options may differ depending on the prospective order scope and volume as well as the location of the delivery address.
Delivery Charges
Prices advertised on this website excludes delivery charges unless stated otherwise – the delivery fee will be displayed during the ordering checkout process, but before checkout has been finalized.
Deliveries to outlying areas such as farms, small towns or high risk areas may be subject to additional charges.
Delivery Time Frames
Depending on the size of the order and the exact delivery location, our standard delivery period is approximately 3-10 days from the date of payment.
Longer delivery periods may be applicable for orders placed during or leading up to the festive season (15 November to 15 January), these delivery timelines will be published on the website.
Deliveries will be done on weekdays during the courier/transporter’s standard daytime service hours.
After hour deliveries may be subject to surcharges.
Deliveries to outlying areas such as farms, small towns or high risk areas may take longer due to lower volumes and less frequent availability of vehicles.
Delivery Process
In the event where goods have been shipped out via third party delivery service providers, and a reasonable number of delivery arrangements and/or attempts are proven to be unsuccessful due to customers not responding or cooperating, goods will be returned back to our warehouse and customer may be held liable for the return costs incurred.
Upon delivery or collection of an Order, a delivery/collection note will be issued for signature, confirming the Items that are being delivered or collected, delivery fees, VAT and the amount paid.
The customer should always check that the Items being collected or delivered are correct and are free from any defects. Should the packaging be damaged, and the customer accepts the Order without fully inspecting the Items, the customer is required to document on the delivery note stipulating that the packaging was damaged, or items were not inspected.
Where there is an issue with the Items detected after acceptance of the Order, the customer should notify us via email on info@bfsbarker.co.za without delay in order for us to be aware of any issues with the Items, and in order for arrangements to be made for the items to be returned or refunded.
Due to size and nature, some products may be supplied and delivered in a knockdown format and require self-assembly. This full or partial assembly requirement will be stated with the specific product’s webpage description
Although reasonable care shall be taken, we cannot accept responsibility for incorrect delivery details that have been provided to us, or if an unauthorised person at the chosen delivery address accepts delivery of an order, as we do not verify the identity of the person at the delivery address who signs the delivery note.
Unless otherwise specified, delivery of orders shall be handled by contracted third-party delivery service providers.
Delivery shall be made strictly on a ‘door-to-door’ basis. Delivery shall not include installation of products, removing products from packaging, clearing areas, rearranging furniture, hoisting products over balconies or through windows, removing and refitting railings or doors or other barriers, discarding packaging or any other special service required by the customer.
Should the delivery service provider or any of his employees agree to any of these or other services other than delivering a packaged product to- door, this shall be strictly at the risk and cost of the customer and BFS Barker does not take any responsibility for any damages, losses or other claim resulting from these additional services.
Guarantees
Unless otherwise specified for specific products, the default guarantee on all products sold by BFS Barker shall be that of 5 (five) years.
Longer guarantees or any extended guarantees shall only be valid where this was explicitly indicated online, or if purchased separately.
This guarantee covers manufacturing defects and subject to the terms of the relevant manufacturer where applicable and excludes fair wear and tear.
We do not guarantee continuity on products and designs unless specified.
The products supplied by BFS Barker shall be suitable only for the purpose designed and intended and the customer shall ensure the products are handled, stored, installed and used, or otherwise dealt with in a normal and reasonable manner, and where applicable, in a manner consistent with the instructions given when the products were purchased.
BFS Barker shall not be liable for any action or claims for injury or damages of whatever nature arising from or in connection with use of the products in breach of these T&Cs.
This guarantee only covers products within the borders of South Africa. Any product taken outside of South Africa must be returned to South Africa at the customer’s cost in the event of any guarantee claims.
Product warranties extend to the original purchaser only and are not transferable with the sale or donation of the product to a third party.
We reserve the right to either repair or exchange an item submitted for guarantee purposes. In the event where the item cannot be repaired, it may be exchanged with a replacement item that is identical, or where the exact same model or product is no longer available, with an item of similar value.
Where an item was replaced or repaired under guarantee, the balance of the original guarantee period shall remain in place and the repaired or replaced product does not come with a new guarantee, but with the balance of the original guarantee that remains.
Customers shall not be compensated for transport arranged by themselves and not authorised by BFS Barker.
Returns transport shall only be covered within the borders of South Africa. Where a customer has relocated to a different address to that of the original delivery address and such new address located in an outlying area including farms, villages or small towns or any area resulting in significantly higher transport costs, such additional costs shall be for the account of the customer.
Unless otherwise specified, products that were given as free gifts as part of a promotion, received in a competition or giveaway or demo item shall not have the default guarantee.
Manufacturer’s Warranty
As with all warranties, certain conditions and exceptions may apply. Please take proper note of any terms, conditions or instructions that accompany the item(s) purchased as well as the following.
Motorized or electronic equipment under warranty : Goods that show a manufacturing defect within the first 6 months of purchase will be repaired or replaced subject to the relevant manufacturer’s policy or extended warranty. BFS Barker will book a service call with the supplier on the customers behalf.
The nature of the goods (size, technical specifications, etc.) often dictates where the repair will take place. For example, on site or at the manufacturer’s premises.
The manufacturer’s warranty will only apply to defects in the process of manufacturing the goods and will not apply in the following instances:
Damage caused by lightning or power surges.
Damage caused by misuse or abuse to the goods.
Goods used for a purpose other than the purpose for which they were manufactured and intended.
Goods used contrary to their instruction manuals (where applicable)
Accidental damage; and
Damage caused by the customer in any attempt to repair the goods.
Exchange Return and Refunds
Please view our Exchange Return and Refund policy here.
Competitions and Giveaways
Results for competitions and lucky draws shall be announced on BFS Barker’s website on the date published on the competition literature. In the event where, due to technical or other difficulties, we were unable to announce the winner on the published announcement date, BFS Barker reserves the right to announce the results within a period of up to 7 (seven) days thereafter.
Unless otherwise specified, winners shall not be contacted directly and as part of the conditions of entry, this is understood and agreed to by the entrant. The winners of all BFS Barker’s competitions and draws, unless otherwise stated, shall be published on the BFS Barker website and entrants should check online for the results and claim its prize by following the instructions on the announcement.
Prizes not claimed by winners within 30 (thirty) days of the results announcement, shall be forfeited without exception.
Entering a competition does not guarantee the entrant any prizes. Winners are randomly chosen and announced. Winners are final and entrants do not have the right to appeal the results. By entering into any of our competitions, the entrant agrees to these terms.
Special Sales and Promotions (Including Black Friday)
All sales and promotions are valid while stocks last and subject to availability of allocated stock.
Sales and promotions shall only be valid for the period as advertised.
Processing an order on the website does not automatically reserve stock. Stock can only be reserved when payment has been received.
Unless otherwise stated, all prices exclude delivery fees. Delivery fees will be added as per normal upon checkout.
Delivery of orders shall be handled by contracted third-party couriers and due to the logistical constraints specifically for Black Friday deals may take up to 3 (three) weeks from date of purchase.
Images
All graphical images including product photos, logos, banners, sound or video clips trademarks and trade names, lay-outs, icons or copy text displayed or incorporated in this website is the property of BFS Barker or the brands, associates, suppliers, or service providers it represents and is protected by law.
Any unauthorised use, reproduction or distribution thereof is strictly prohibited and may only be done with the express written consent of BFS Barker.
Governing Law
This website is governed by the laws of South Africa and BFS Barker 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.
Any disputes arising out of or relating to the Terms and Conditions, use of our website, or our products or services offered on our website will be resolved in accordance with the laws of the Republic of South Africa without regard to its conflict of law rules.
Waiver
Any failure on our part to exercise or enforce any right or provision of any of our Terms and Conditions set out will not constitute a waiver of such right or provision.
A waiver by us of any default will not constitute a waiver of any subsequent default.
No waiver by us is effective unless it is communicated in writing.
Severability
If any of the provisions of our terms or condition are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.
Variation
BFS Barker may, at its sole discretion, change or amend any of these terms, conditions or policies without notification and it is the user’s responsibility to ensure that he or she is satisfied with the terms and any amendments that may have been affected.
Using the website after any amendments have been made shall deem the customers acceptance of such changes.
Should the customer not agree with any of the terms or amendments made the customer should not proceed to transact with us through this website.
