Terms & Conditions
In these Terms and Conditions, the following words and phrases shall have the following meanings assigned to them below –
"Banks" means Runningwolf Trading cc, trading as "Banks Dealers", under Company Registration No. 2007/246874/23 and VAT Registration No. 4310193547;
"Business Day(s)" means any day other than a Saturday, Sunday or public holiday in South Africa;
"Confidential Information" means any and all information provided by you in the course of using the Site, including any payment related information or personal information supplied by you;
"Courier" means any third party courier or any delivery vehicles operated by Banks from time to time;
"CPA" means the Consumer Protection Act, No. 68 of 2008;
"ECTA" means the Electronic Communications and Transactions Act, No. 25 of 2002;
"Delivery Date" means –
in respect of Orders that are delivered, the date on which Banks makes the Order available to the Courier as contemplated in clause 6 of Part 2 of these Terms and Conditions; or
in respect of Orders that are collected from Banks, the date on which Banks notifies you that the Order is available for collection, as contemplated in clause 6 of Part 2 of these Terms and Conditions;
"Intellectual Property" means any copyright, trademark, design or logo which forms part of, or is displayed or used on the Site including, without limitation, any graphics, logos, designs text, button icons, images, audio clips, digital downloads, data compilations, page headers and software;
"Order" shall mean, when used as a noun, the quantity and type of Products Ordered by you on the Site per Transaction;
"Order" or "Ordered" shall mean, when used as a verb, the act, by you, of placing an Order for Products on these Terms and Conditions;
"Product" means any product made advertised by Banks on the Site from time to time, and a reference to "Products" shall be a reference to more than one such product;
"Site" means the website for which these are the Terms and Conditions, located at either -
www.bankskitchenshop.co.za; or www.banks-shop.co.za;
"Terms and Conditions" means the terms and conditions set out in Part 1, Part 2 and Part 3 below;
"Transaction" means an agreement of sale which has been concluded between you and Banks on these Terms and Conditions, upon receipt by you of the email confirmation referred to in clause 4 of Part 2 of these Terms and Conditions;
"VAT" means Value-Added Tax as levied in terms of the Value-Added Tax Act, No. 89 of 1991, as amended.
This part 1 applies to any use of the site by you, irrespective of whether you order any products. Accordingly, by using the site in any manner, you agree to be bound by the terms set out in this part 1
1. Privacy and Security
Any Confidential information provided to Banks through the medium of the Site, other than any debit or credit card information, is stored by Banks on a secure database.
You agree that Banks is entitled to use any Confidential Information for purposes only of sending you information regarding any promotional items or offers being made available by Banks on the Site from to time. If you do not wish to receive this information from Banks, you are entitled to "opt out" by sending an email to email@example.com with the subject line "opt out".
Other than as stated above, Banks does not in any way sell, share, make available or transmit any Confidential Information to any third parties.
Notwithstanding the above, you agree that Banks is entitled to disclose any Confidential Information to any competent legal or regulatory authority that makes such a request and is lawfully entitled to obtain such information from Banks. In this instance, Banks undertakes to disclose only such information as is sufficient to satisfy such request.
All prices for Products displayed on the Site are for Products that may only ordered through the Site.
Banks may, from time to time, offer clearance sales or promotional sales on Products, on terms that it shall notify to you in writing on the Site. To the extent of any conflict between such sale terms and these Terms and Conditions, the sale terms will prevail.
3. Third Party Advertising
From time to time, Banks displays advertising and promotional items generated by, and for, its commercial partners on the Site, whether through the use of hyperlinks, banners or otherwise. Such advertising and promotional items are provided on the Site by Banks for commercial purposes only and Banks does not necessarily endorse or approve such advertising and promotional items and/or any services or products referred to in such advertising and promotional items. You acknowledge and agree that any reliance on, or use of, on such advertising and promotional items by you is entirely at your own risk.
4. Intellectual Property
You may use (which, includes, without limitation, downloading, printing and viewing) the Site for private and non-commercial use only. You acknowledge and agree that all right, title and interest in, and to, any Intellectual Property is, and shall remain, vested in Banks or is used and/or displayed by Banks pursuant to agreement with the proprietor of such Intellectual Property.
Please note that Banks is not able to control or monitor all of the content that may appear on the Site from time to time and accordingly Banks does not accept any liability for any offensive, defamatory or inappropriate content on the Site.
PART 2 – ORDERS
This part 2 applies to any order for products placed by you on the site. Accordingly, by placing an order, you agree to be bound by the terms set out in this part 2
1. Registration on the Site
Any order of any Products on the Site will be subject to these Terms and Conditions.
If you register an Account with Banks, you agree that it is your sole responsibility to keep all of your login information (namely, your password and username) secure and confidential.
2. Stock Availability
Banks uses its best endeavours to ensure availability of the Products displayed on the Site. Banks does not, however, guarantee the availability of any particular Product at the time that you wish to place an Order.
If you Order a Product and such Product is not available (whether at all or in the quantity that you require) at the time of placing such Order, Banks will notify you via email or telephone of such unavailability and you shall be entitled to either –
receive a full refund for such Product(s) which are unavailable: or wait until such Product(s) become available.
For purposes of these Terms and Conditions, a refund will only be effected by Banks by way of a credit to the bank account from which the payment funds in respect of the original Order originated.
3. Orders and Pricing
All prices of the Products are displayed on the Site in South African Rands, and are inclusive of VAT.
Please note that your online "order summary" contains full details of the cost of your Order.
4. Order confirmation
The Orders placed by you for Products through the Site constitute an offer by you, on these Terms and Conditions, to purchase the Products specified in that Order.
Your offer, in the form of an Order placed by you, will only have been accepted upon Banks sending you an email confirmation of such Order (if you make payment via debit card or credit card) or upon Banks sending you an invoice (if you make payment by way of EFT), at which time an agreement of sale will have been concluded between you and Banks on these Terms and Conditions.
Payment for Orders may be made by debit card, credit card or electronic funds transfer.
If you make payment for an Order by debit card or credit card, please note that –
Banks accepts payment from the following card merchants –
You agree that Banks shall, upon you placing an Order, be entitled and authorised to debit the total amount payable for the Order against the authorised debit or credit card details provided by you on the Site.
You will be required to provide your debit or credit card details afresh each time you wish to Order Products through the Site. The reason for this is that, for security purposes, these details are not stored on the Site or any of Banks' servers.
By completing and submitting an Order on the Site and tendering payment with either a credit card or debit card, you warrant that –
you have provided accurate and complete credit card or debit card details, as the case may be; and
you are authorised to make payment of the Order with the credit card or debit card, as the case may be; and
there are sufficient funds available in the account to which the credit card or debit card is linked to make payment or the Order.
If you make payment for an Order by way of EFT, please note that –
You must make payment of the full amount of the Order as displayed on the "order summary" that you will receive via email from Banks;
the reference number for the payment is the Order number;
For purposes of this clause 5, payment shall only be deemed to have been made on the date and time at which –
You provide to Banks, by way of email (firstname.lastname@example.org) or fax (0866161597) suitable proof of payment of the full amount of the relevant Order; and The full amount of the Order, in South African Rands clears and is irrevocably released into the bank account of Banks.
PLEASE NOTE that the Order will automatically be cancelled if Banks does not receive the proof of payment referred to above within the relevant timeframe. For the avoidance of doubt, you shall have no claim of any nature against Banks arising, whether directly or indirectly, from such cancellation.
All Orders can, at your election, either be –
delivered to you, in which case please note that all Orders can be delivered only to addresses within South Africa; or
collected by you at the physical address set out set out in clause 7 of Part 3 of these Terms and Conditions.
The cost of delivery of the Orders is as follows –
If the delivery address is within Cape Town – Free;
If the delivery address is outside of Cape Town - R 150
Any Order which is placed by you through the Site and confirmed via email as described in clause 4 of Part 2 of these Terms and Conditions, shall be processed and made available by Banks to -
the Courier (if you have elected to have the Order delivered) within 1 (one) to 7 (seven) Business Days of the date on which the email confirmation contemplated in clause 4 of this Part 2 is sent to you, for onward delivery by the Courier to you;
you (if you have elected to have the Order collected), within 2 (two) Business Days of the date on which the email confirmation or invoice contemplated in clause 4 of this Part 2 is sent to you.
If you elect to have an Order delivered to you, please note that –
Delivery of the Products will be made by a courier to the address for delivery specified by you in the Order.
On delivery of the Order by the courier to the address specified by you for delivery, you will simultaneously receive a Banks invoice containing full details of the Order which has been delivered in terms of the Order, including the cost of delivery of such Order, the VAT paid on such Order and the total amount which has been debited from your credit card or debit card, as the case may be.
If you elect to collect an Order, please note that –
The Order will be made available to you at the physical address set out in clause 2 of Part 3 of these Terms and Conditions.
he Order will only be released by Banks on the date on which the email confirmation contemplated in clause 4 of this Part 2 is sent to you. If you direct a representative, employee and/or agent to collect an Order on your behalf, you expressly acknowledge and agree that Banks shall not be liable for any losses, claims or damages arising from Banks, in good faith and acting reasonably, releasing the Order to such person.
Upon collection, a Banks invoice will be furnished containing full details of the Order, including the VAT paid on such Order and the total amount that has been debited from your credit card or debit card, as the case may be.
You agree that all risk and ownership in and to, any Order will pass to you upon the Delivery Date.
Banks does not itself provide any warranties or guarantees for, or in relation to, any Products advertised on the Site. All warranties and/or guarantees for, or in relation to, any Products advertised on the Site are given by the relevant manufacturers of such Products.
In this regard, please note that –
you have the statutory rights contained in section 56 of the CPA, relating to an implied warranty of quality in respect of any Product;
certain Products advertised on the Site are subject to warranty and/or guarantee terms provided by the manufacturer that are wider in scope, and/or longer in duration, than the warranty period contemplated in section 56 of the CPA.
9. Returns and Cancellations
Banks' policy regarding returned Products is in keeping with the requirements set out in the CPA.
If you wish to return a defective Product, please note that you are entitled, within 6 (six) months of the Delivery Date, to return a Product if it is faulty, defective, unfit for the purpose for which such Product is ordinarily used, or is not useable and durable for a reasonable period of time, having regard to the use to which that Product would normally be put (for purposes of this clause "Defective"), provided that you make reasonable arrangements with Banks (by way of email to (email@example.com or call 021 461 3190 or bring the relevant Product to a Banks store) to have the relevant Product returned to Banks to enable Banks to inspect that Product. If Banks, in its sole and absolute discretion, determines that –
the relevant Product is Defective, you are entitled to either (i) have the Defective Product repaired or replaced by Banks or (ii) to obtain a refund from Banks of the amount paid by you for the Product pursuant to the original Order; OR
the relevant Product is not Defective, Banks shall have that Product re-delivered to you, at your cost, or you may arrange for collection, as contemplated in clause 6.
If you wish to return a non-Defective Product, please note that –
you may return, for any reason, such non-Defective Product within 7 (seven) days of the Delivery Date;
you are entitled to a refund of the amount paid by you for the Product pursuant to the original Order, provided that the Product is in its original unopened container. If the Product is not in its original unopened container, Banks' shall be entitled to impose the charges contemplated in section 20(6) of the CPA.
Should you wish to return a Product in accordance with this clause 9, you must provide to Banks the invoice referred to in clause 6 of Part 2, which shall serve as proof of purchase of such Product.
Upon the receipt of the invoice and returned Product described above, Banks will refund the amount paid by you for the Product pursuant to the original Order within 30 (thirty) days less any direct cost which may be incurred by Banks in procuring the return of the Product.
Without prejudice to any other rights or remedies it may have in law, Banks shall be entitled to cancel any Order and/or cancel your registration if you breach any material term of these Terms and Conditions.
Part 3 – GENERAL
This part 3 applies to any use of the site by you and any orders placed by you on the site. Accordingly, by using the site in any manner or placing a order on the site, you agree to be bound by the terms set out in this part 3
1. Limitation of Liability
Banks does not make any warranties or representations regarding –
the availability of Products which are advertised on the Site;
the accuracy of any content or information on the Site;
the functionality of the Site (including as to whether the Site will operate uninterrupted and/or error free, or that the Site or the server used to house the Site are free from viruses or malware.
Other than any liability of Banks to you arising in terms of the CPA or sections 43(5) and 43(6) of the ECTA, Banks shall not be liable to you for any losses, costs, claims, damages, amounts, penalties or the like suffered or incurred by you, whether directly or indirectly, as a result of the use of the Site by you and/or any Order Placed by you or Transaction concluded through the Site.
2. Contact Information
The Site is operated by Banks. The contact details for Banks are as follows -
Registered Address: 77 SIR LOWRY ROAD, CAPE TOWN, 8001
Physical Address: 77 SIR LOWRY ROAD, CAPE TOWN, 8001
Contact Tel No: 021 461 3190
Contact Fax No: 086 616 1597
Contact Email: firstname.lastname@example.org
The members of Banks are Ian Cohen and Deborah Cohen.
You agree not to infect the Site with any software, malware or code which may infect, damage, delay or impede the operation of the Site or which may intercept, alter or interfere with any data generated by or received through the Site, including any Confidential Information.
You hereby indemnify (and shall keep indemnified) Banks from any and all losses, costs, claims, damages, amounts, penalties or the like suffered or incurred by Banks, whether directly or indirectly, as a result of any actions taken by you in contravention of the above-described term.
No part of these Terms and Conditions shall constitute a stipulation in favour of any third party.
These Terms and Conditions constitute the whole agreement between you and Banks relating to your use of the Site, including in relation to any Order or Transaction to be concluded through the Site.
If any provision of these Terms and Conditions is rendered void, illegal or unenforceable in any respect under any law it shall be severable from these Terms and Conditions, and the validity, legality and enforceability of the remaining provisions of these Terms and Conditions shall not in any way be affected or impaired.
Any indulgence of extension of time granted by Banks to you in respect of any matter arising out of the Site and/or any Order and/or Transaction shall not be construed as a waiver or variation of any of Banks' rights or remedies.
4. Governing Law
These Terms and Conditions, and any matter arising from these Terms and Conditions, including Orders and Transactions, shall be governed by and interpreted in accordance with the substantive laws of South Africa.
For the purpose of all or any proceedings arising from your use of the Site, any Orders and/or Transactions, you consent to the jurisdiction of the magistrates' court having territorial jurisdiction, notwithstanding that such proceedings are otherwise beyond its jurisdiction. This clause shall be deemed to constitute the required written consent conferring jurisdiction upon the said court pursuant to section 45 of the Magistrates' Court Act, 1944, provided, nevertheless, that Banks shall have the right at its sole option and discretion to institute proceedings in any other competent court.