Buy The Way – Terms and conditions
Browse through our terms and conditions to better understand
Here at Buy The Way, we want to offer you the absolute best deals because we believe that you are worth it all. Do us the honor of going through store and find many many fantastic offers and deals. You will be sure to find a great deal to best suit yourself. We have items in categories that you are bound to fall in love with such as electronics, home and kitchen,
health and beauty, sports, stationery and much more. Have a son? Why not get him a game from our gaming section for the latest in PS4 and XBOX one. Spoil yourself with a brand new iPhone today.
We stock the most excellent, well affordable and cheap products for your benefit so that you can cover your shopping for your entire family. Whether it is for mum, dad, grandma or anyone else – we have something for everyone here at Buy The Way. Buytheway stocks a variety of products to ensure that your cart is healthy and ready to move on to payments. From there our logistical team is sure to take care of you in the most efficient manner possible.
BUYTHEWAY GENERAL TRADE TERMS AND CONDITIONS OF ONLINE SERVICE
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
BUYTHEWAY.co.za is an easy to use website that introduces the online service business of a range of products/services for sale directly from us or through third party sellers/ vendors (herein after referred to as “vendors”) . Vendors agree to the rules of these terms and conditions. We introduce and advertise to you, as our customer, a variety of products and/or services sourced (in different forms and types) from various countries around the world by us and/or our third party vendors .Where such goods and/or services are provided by us, it will be indicated as such. We ensure that the products/services are available in the Republic of South Africa and delivered to you in accordance with the following terms and conditions. These terms and conditions relate to the website www.buytheway.co.za (“the site address”), (hereinafter referred to as “BUYTHEWAY”), operated by KINGSMEAD CAPITAL TRADE (PTY) LTD/BUYTHEWAY.CO.ZA 4660269384 (COMPANY NAME & REGISTRATION NUMBER), and governs the trade terms of online shopping, which includes the ordering, sales and delivery of listed goods/services found on the website page and the use of the website.
All terms where the use of “we”, “us” and “our” or any variation thereof used will automatically refer to BUYTHEWAY. BUYTHEWAY offers this website, including all information, tools and services available from this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein. Where reference is made to the vendor as the supplier and the customer or where it is between us and the vendor or where it is between us and the customer, the terms and conditions will apply to all parties as set out herein. Purchases of goods and/or services from vendors will be identified from the appropriate vendor selected. We will act as mediators of the first instance and guarantors of payment to the vendor and delivery of goods/services to the customer, in conformity with the terms and conditions as set out in this agreement/contract, where applicable, and upon any or other alternate agreements assented to.
Words importing the singular shall be deemed also to import the plural and vice versa.
These terms are legally binding and enforceable on any person/user (as stated below) visiting our website, and/ or purchasing something from us, and/or listed goods/services on our site, who hereby agree to be bound by and, therefore, accept the following terms and conditions (hereinafter referred to as “Terms of Service”, and/or “Terms”), including any other additional terms and conditions and policies referenced herein and/or available as per hyperlink.
CONSUMER PROTECTION ACT, 68 0f 2008(“CPA”)
In accordance with the CPA, these terms of service apply to users who are customers as contemplated therein.
In accordance with the Electronic Communications and Transactions Act, 2002, the following information relates to BUYTHEWAY:
Company name: KINGSMEAD CAPITAL TRADE (PTY) LTD/BUYTHEWAY.CO.ZA
Type of business: Ecommerce Market Place
Physical address: 4 WALTER PLACE, MAYVILLE, DURBAN, 4001
E-mail address: [email protected]
TO WHOM ARE THESE TERMS OF SERVICE APPLICABLE TO?
These Terms of Service apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any of its services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page.
We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of, or access to, the website, following the posting of any changes, constitutes acceptance of those changes.
THIRD PARTY SELLER/S OR VENDORS (HEREIN REFERRED TO AS
BUYTHEWAY allows vendors to list and sell their goods/services on our website on condition that the said third party seller/s or vendors have properly registered and agrees to accept the terms and conditions of BUYTHEWAY.
All goods/services for sale by vendors will be indicated on the said website.
All acceptance of orders of vendors and the user is concluded between the said or vendors and the user. BUYTHEWAY is, therefore, not party of the said sale, but will ensure that the said third party Seller/s or vendors comply fully thereto.
All vendors are fully responsible for compliance in respect of delivery of the goods/services ordered by users.
We will list all approved vendors goods/services on our website page for sale. All third-party seller/s or vendor, by registering on this website, hereby agree to be bound by the these terms of service and any other terms and conditions as required from time-to-time by us.
All vendors will supply BUYTHEWAY with a full stock list and information regarding all goods/services for sale by said registered third party seller/s or vendors. BUYTHEWAY will not be held liable for any inconsistent information supplied by any registered or vendors.
Any dispute between you and any registered vendors regards a product purchased and/or sold, should be resolved between you and the relevant vendors.
BUYTHEWAY also reserves its right to cancel any orders if it suspects that any goods/services purchased by any user are purchased for re-sale.
If any product received is defective (except for direct warranty products, see below), please notify us as well as the vendor should the product emanate from an authorised vendor. This will enable us to rate the vendor products and its services. You are obliged to notify us and the third party as soon as possible after you become aware of such defect or poor quality within 6 months after delivery/collection of the product (except also the case of extended supplier warranty, set below).
The website has made provision for you to log in your product return issues. Thereafter, our returns representative will have the final discretion to determine the next cause of action.
PLEASE NOTE: we cannot deal with products that fall outside the 6-month period and have no Extended Supplier Warranty.
All returns must be accompanied by its original box or packaging to the vendor. BUYTHEWAY cannot receive any goods/services as it has no warehouse or receiving facilities.
Extended Suppliers Warranty
This refers to certain goods/services that comes with a specific supplier warranty which exceeds the standard warranty period, for example granting an additional 6 month extension over the Standard Warranty period.
If any product is found to be defective more than 6 months after delivery / collection, the user after becoming aware of the said defect, undertakes to notify us within the said extended suppliers warranty period of the said defect.
Any user that has purchased a defective good/service must log a return on the Website and a representative of BUYTHEWAY will assist with your return of the product to the relevant supplier at no charge.
We will not handle any returns that fall outside the extended supplier warranty period.
All registered users will also comply with all terms and conditions of relevant suppliers in respect of each respect return (that is, subject to the whatever terms and conditions the supplier or manufacturer may impose).
It is important that all users read the product package insert as manufacturers and/or suppliers have certain standard operational procedures regarding such returns and BUYTHEWAY is, therefore, under no obligation to provide you, the user, with a credit, repair and/or replacement. All remedies lie with the supplier and/or manufacturer. However, in order to streamline the process, we will assist in monitoring any returns made to any supplier and/or manufacturer.
PLEASE NOTE: unboxed deals do not have extended supplier warranties and this will be made clear on the product description page.
There are certain products whereby the relevant supplier and/or manufacturer prefers to manage defective returns directly with the customer and/or the user, and not through BUYTHEWAY. Examples are Defy, Samsung, Branded Power Tools, Authorised Computer Dealers, iStore, Nespresso, Xbox, PlayStation products etc.
All users will notify us of any product that is defective and we will provide the relevant manufacturer’s details. Alternatively, you can directly notify the relevant manufacturer to assist you with product issues. Should you have any difficulty, please contact us and we will gladly assist you.
Other than this, the same limitations and general principles of the standard warranty and extended supplier warranty apply to direct warranty products.
WHO CAN ENTER INTO AND/OR BE BOUND BY THESE TERMS?
By agreeing to these Terms of Service, you, as the user, hereby warrant that you are 18 (eighteen) years old [legal age in terms of South African law] or more and further warrant that you have full legal capacity to understand and agree to these terms.
If you are under the age of 18 (eighteen) years old and/or lacking the legal capacity to enter into or understanding these terms, then you warrant that you will use this website with the assistance and supervision of your legal guardian; trustee; curator or parent. Any person (legal guardian; trustee; curator and/or parent) assisting and/or supervising and giving consent to an underage user and/or a person’s lacking legal capacity, hereby automatically agrees to be bound by these terms and will, accordingly, be held liable and responsible under these terms.
HOW TO REGISTER
Every user will have to register in terms of and follow the online registration process as contained on the website page. No user will able to purchase or list their goods/services online unless the system accepts your registration and you have agreed to accept and be bound by these terms and condition.
All users must provide accurate information and personal details.
To register, you must provide a unique username and password. To enable a registered user to gain access to the website, the user must enter the correct username and password. Accordingly, you warrant that the said username and password shall only be used by yourself and you will not disclose same to any vendor.
Should you use an incorrect username and password, you will be denied access.
UNAUTHORISED USE OF THE WEBSITE
You agree that you will not use any software and/or electronic devices and/or instruments to attempt to interfere with this website. You further agree that you will not (without the written authority and consent of a representative of BUYTHEWAY) attempt to reproduce, sell, resell, display, publish, post, copy, distribute, duplicate, exploit any portion of the service and/or modify any information contained on this website. You agree that you will not transmit any worms or viruses or any code of a destructive nature.
Depending on the severity of the offense, you will be prosecuted in terms of the laws of Republic of South Africa. We reserve the right to claim any damages suffered due to your illegal use.
A breach or violation of any of the Terms will result in an immediate termination of your services.
We reserve the right to refuse service to anyone for any reason and at any time.
As a user, you may not use our products for any illegal or unauthorised purpose nor may you violate any laws.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices of products are subject to change without notice.
We reserve the right to modify or discontinue the service (or any part or content thereof) without prior notice at any time.
We shall not be held liable to you or to any vendor for any modification, price change, suspension or discontinuance of the service.
KEY TERMS OF GOODS/SERVICES (if applicable)
BUYTHEWAY and/or its vendors must ensure that all goods/services sold are correctly reflected (full description).
Misrepresentation of any good/services and/or branded items in order to secure a sale is disallowed.
All information relating to a good/service must be transparent and comprehensible.
Accessory inclusions and exclusions for any goods/services must be clearly stated.
Keyword-input manipulation for purposes relating to search and/or listing results is forbidden.
Images may only be uploaded onto the website in accordance with necessary copyright and other intellectual property laws and after the relevant permission was given.
Images of pre-owned goods for sale must be attached to such an item’s description.
Any use of offending languages and images is disallowed.
BUYTHEWAY will endeavour to take all reasonable steps and efforts to monitor all stock levels of all goods/services placed for sale on its website. BUYTHEWAY and its vendors will also ensure that any stock that is no longer available or discontinued will be removed from the website page. The following exclusion should be noted: –
- Flash sales offers
At these instances where flash sales offers are made to the users for bulk value purchases for and on behalf of the users who wish to take advantage of a negotiated price prior to our or any users actually holding or confirming this bulk purchase from a supplier and/or having any physical stock which will only after finalisation by the supplier, be delivered to all users.
If and only when the supplier has accepted a bulk order such orders by the users will be fulfilled on a first come first served basis subject to reasonable limit to each user.
All payments for quantities or goods and/or services will be refunded immediately thereafter in full free of any costs, interest or any other charges to either party. This is non-negotiable and by participating in the flash sale you acknowledge the same. There are no returns or cancellations allowed on these flash promotions once the payment is made and received by us.
Flash promotions may have a different title but will be accessed and or identified by the unique marker or simply as a flash promo or icon used to access such offers.
Only registered users can place or offer goods, services and orders for goods and/or services. All goods/services/orders will depend on the availability, correctness of the information and confirmation of payment by a BUYTHEWAY representative.
No goods and/or services will be shipped or carried out prior to this approval.
No withdrawals will be allowed prior to the users confirming delivery and confirming having received the same.
Thereafter, the process will be directed for claim /refund and whatever action or cause necessary or determined between the vendor and the user only.
The parties agree not to include Buy The Way accept for information
BUYTHEWAY cannot be held responsible and cannot be expected to withhold payment indefinitely after the stipulated waiting confirmation period and or unresolved dispute and or refund and or claim. If you do not agree as the user then do not proceed to use this site. Users have 24 hours to notify Buy The Way not to release payment clearly stating its reasons.
The website is designed to allow all registered users to place/receive orders for more than one goods and/or services on offer on condition that such goods/services are available unless as mentioned above, as a flash promotional offering.
Kindly note that an agreement of sale of your orders will be concluded when we or the vendor delivers the goods/services to you or, alternatively, allows you to collect same and once such confirmation has been sent to you of the collection point or the parcel has been handed over to the courier services.
Certain goods and/or services (if applicable) may be available exclusively online through the website. These goods and/or services (if applicable) may have limited quantities and are subject to return or exchange only according to our Returns and Refund Policy.
Flash promotions will have no options of cancellation or refunds however will be subject only to and if available any guarantees and or warranties.
We and/or our vendors will make every effort to display as accurately as possible the colours and images of our goods/services that appear on the website. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our goods and/or services (if applicable) to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products/goods or services that we offer.
All descriptions of goods/services and/or goods/services pricing are subject to change at any time, without prior notice, at the sole discretion of us. We reserve the right to discontinue any good/service at any time. Any offer for any good or service made on this site is void where prohibited. We do not warrant that the quality of any goods, services, information or other material purchased or obtained by you will meet your expectations or that any errors in the service will be corrected.
The sale of all television sets, including all television signal receiving products, requires the submission of a valid TV license upon order placement and/or receipt of the said product.
The vendor may not list the same good/service in various item classifications.
The actual state of the good/service sold must be the equivalent of its advertised condition. Misrepresentations by the seller are precluded.
The following are prohibited from being itemised for sale on the website, with the vendor bearing responsibility to ensure same:
- Stolen items and/or items which are illegally imported/exported;
- Counterfeit and/or hazardous goods/services;
- The free offer of good/services;
- Proscribed substances and/or prescription medicinal treatments and/or drug paraphernalia (pharmaceutical products);
- Illegal and/or explicit and/or offensive products/content/services as well as goods/services in contravention of the Film and Publications Act 95 of 1996; and
- Any goods/services that are considered unsuitable at the verdict of BUYTHEWAY.
PRICING OF GOODS/SERVICES
The standard price is the price that BUYTHEWAY /its vendors/third parties’ charges for the said product/service. All prices are displayed on the website either beneath or beside the relevant goods/services on offer.
When we and/or vendors are having a sale or running a discount or promotion on specific goods and/or service ranges, we require that the discounted price will be shown on the website either beneath or beside the product on discount or on promotion.
All products prices listed always include VAT at the prescribed rate. BUYTHEWAY and or / its vendors / and or third parties will issue Tax Invoices in respect of each sale confirmed and paid for in full. Buy The Way will not issue any invoices / Tax invoices / delivery notes or any documents for any purchases or maintain any records for transactions with third parties and or vendors between them and the users except where such transactions relates to Buy The Way and the users and will not be obliged to make the same available irrespective of whether the same resides in or on its servers and or backups and or other means of recording.
No product and/or service may be promoted at nil in order to escalate ratings. Furthermore, products and/or services may not be sold at token values (such token value being determinable as per the discretion of BUYTHEWAY).
Products available on BUYTHEWAY cannot be offered subject to trade-ins and/or the purchase of supplementary products.
Any method/s employed to evade fees charged by BUYTHEWAY is prohibited.
All prices are subject to change from time-to-time, depending on various elements like season, increase in suppliers pricing etc.
Gift Vouchers can be purchased on our website and will only be redeemable if the Gift Voucher has not expired. Gift vouchers may be used and or redeemed from participating third party and or vendors on checkout or payment but may not exceed the minimum required purchase value. we retain the right to offer a proportionate value of the voucher or not to accept the voucher at all and any such vouchers utilised or redeemed may not be used again. The balance of such vouchers will be forfeited unless Buy The Way chooses to offer a voucher for the remaining value. Buy The Way may set a time limit for the redemption of any vouchers in accordance with any promotion and offer for such vouchers. Buy The Way retains the right to the number of vouchers that maybe redeemed per transaction and or user in any given purchase transaction and or time period
BUYTHEWAY reserves the right to cancel any coupons and/ or discount granted and to cancel such transaction/s.
Where a Gift Voucher has been used to purchase an item, any subsequent cancellation or refund regarding the said item will result in your account being credited and will not be converted into cash.
Refers to a fixed amount of discount, for example R50.00 off R200.00 or more.
Refers to a percentage discount, for example 10% off the selected item.
NOTE: where any product purchased which has a fixed or percentage discount and is later cancelled by you or BUYTHEWAY for any reason whatsoever prior to the delivery the product or your return of the product and consequent request for a credit, the value of such discount (fixed or percentage) will be deducted from the purchase price of the cancelled or returned product(s) (as applicable).
We will either credit your account for the balance, if any, or refund you, depending on your preference.
Any goods/services placed in the shopping basket without completing the purchasing process does not constitute an order for such goods/services.
Furthermore, goods/services will be removed from the shopping basket if the said order goods/services are no longer available or the price has changed without prior notice to you. BUYTHEWAY or any third-party vendor will not be held liable for:
(a) Unavailability of goods/services;
(b) Unavailability of the said ordered goods/services at a particular price; and
(c) Incomplete purchasing order process.
CANCELLATION OF ORDER(S)
Prior to delivery or you arranging collection of the goods/service, you may cancel an order within the time frame provided for you to do so before receiving a dispatch or delivery notice.
RETURN AND REFUND RETURNS POLICY
After delivery or your collection of the goods/services, you may return the goods/services only in accordance with the return policy.
Please notify us/ the vendor immediately about any faulty electronic item/s received as there are varied processes in dealing with such items. We/the vendor/third party will endeavour to assist in replacing the item as soon as possible. However, in certain instances, we/vendors cannot guarantee the replacement of an exact model due to manufacturing having ceased on that item or other constraints, but attempt to replace such item with a similar model or offer a credit/refund on the item.
Warranty periods on replaced items will run from the date of original purchase. User inflicted damage will invalidate all warranties and may not be returned/replaced/refunded.
Please note that unwanted products that are worn may not be returned/replaced/refunded for purposes of health and safety, example headphones. Such items may be returned and/or replaced and/or refunded provided there is a fault.
BUYTHEWAY or any vendor will not be held liable for any data lost on returned devices.
Should any item/s become unavailable after you have placed an order, BUYTHEWAY will notify you and you will be entitled to a full refund of any amount paid for the said item/s.
Unwanted Item/s and Exchanges
If you are dissatisfied with an item received (provided they do not fall into the products listed below), you may return the said item once we are contented that the item is unspoiled, unused and contained in its original packaging with all of its inherent parts (if applicable).
Items must be returned within 30 days of delivery/collection by you and the Returns Procedure (see below) must be adhered to.
Your account will be credited or you will be refunded, pending item inspection and return validation. Courier and other handling fees may be incurred at your own cost.
Item/s not falling within this ambit includes:
- Consumption items, example foodstuff;
- Digital products/downloads, example eBooks;
- Flatpack furniture;
- Used grooming products/unsealed nursing products, example fragrances, nappies etc.; and/or
- Periodical items.
Orders that do not meet your expectations may be returned to us upon notification and is subject to the Returns Procedure (see below).
Items must be returned within 30 days of delivery/collection by you.
Your account will be credited or you will be refunded, pending item inspection and return validation. Courier and other handling fees may be incurred at your own cost.
In the event of receiving a damaged/defective item/s, please contact us immediately so as to ensure the replacement of such item/s.
The return period for such item/s will be 14 days after receipt of the item in order to guarantee that no user damage was inflicted.
The original packaging must be retained and the damaged item/s returned in it.
The item/s will be replaced or, alternatively, your account will be credited or you will be refunded, pending item inspection and return validation. Courier and other handling fees may be incurred at your own cost.
The item/s will not be considered as damaged if such defect arises from:
- Electrical surges/sea corrosion;
- Expected wear and tear;
- User-inflicted damage/care negligence; and
- Unofficial alterations.
Upon returning a product/s to the vendor and/or vendor or supplier (where applicable), as the case may be, please ensure that you dispense with the following procedure:
- Notify us and/or the vendor and/or the supplier of your complaint and quote your order /document and or invoice reference; and (where applicable) or warranty and or guarantee registration where applicable before or during use by the supplier.
- Follow-up on communication instructions issued by our representatives;
- Secure the product and all of its inherent parts safely (preferably in its original packaging); and
- Indicate clearly on the parcel the reference number issued.
In failing to comply with the aforementioned Terms, your return may be delayed or rejected.
REFUNDS AND COSTS
A returned item/s will be replaced or your account will be credited or an amount refunded to you provided that the returned item/s are received in its entirety. BUYTHEWAY reserves the right to charge you an estimate value for an absent part of a returned item/s or replace only the parts of the item/s received or decline the return wholly in such circumstances.
Refunds will be affected by way of your original payment method.
Please note that additional costs may be incurred on the part of the consumer in respect of returned items.
RIGHT TO REFUSE ANY ORDER
BUYTHEWAY reserves the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.
BUYTHEWAY will be liable to reimburse you the value of goods/services purchased only if you have already paid for the cancelled order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your e-mail address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
BUYTHEWAY provides protected online payment services and various methods of effecting payment (see Payment Options below). However, BUYTHEWAY does not operate as a bank, trustee or other agent in respect of funds directed to/held by it.
Orders paid by Credit/Debit Card or Instant EFT will only be processed upon validation from the relevant financial institution.
BUYTHEWAY will collect payment/s from purchasers on behalf of a third party/vendor and will pay same over to the said third party/vendor. Should any dispute arise from such payment and/or from using the BUYTHEWAY payment structure, BUYTHEWAY indemnifies itself from any pursuant claims ensuing as a result of such dispute.
Reference numbers will be issued for each order purchased and must be used in all correspondences/payments relating to that order.
Multiple orders from the same seller may be linked, provided you make payment arrangements with the applicable seller regarding shipping and other costs.
At the discretion of BUYTHEWAY, fees will be charged to reinstate accounts that have been disabled.
BUYTHEWAY will charge 5% (five percent) of the value of every transaction processed through its platform, which 5% (five percent) will be charged to the vendor/third-party and deducted automatically.
Credit and Debit Cards:
Information relating to either your credit or debit card will not be stored in the database of BUYTHEWAY for security purposes.
You will have to manually enter the following information for each transaction:
- Card type;
- Card number;
- Expiry date; and
- CVV number (3 digits at the back of your card)
Visa, MasterCard, American Express & Diner’s Club Credit Cards, MasterCard and Visa Cheque Debit Cards are recognised and accepted forms of payment at BUYTHEWAY.
Instant EFT’s will be acquired by BUYTHEWAY Ltd 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 banking details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy or https://www.paygate.co.za/how-it-works/ to view how it works.
This policy is available on the individual third-party vendor shop/store portal registered on Buy The Way website. The user indemnifies Buy The Way from any responsibility in this regard or with regard to any vendor or user in the use of the delivery service provided by the users to the site.
Vendors will be allowed to withdraw a minimum amount as stipulated on registration setup of their store. Or as revised from time to time.
Payments withdrawals will be restricted until delivery is made to the user and for 24 hours thereafter.
Should the vendor have unresolved issues or amounts which need to be after deliberation refunded to any user, the vendor consents to set-off.
Vendor withdrawals will only be applicable for those orders that have been completed as stipulated by the vendor’s dashboard on BUYTHEWAYS website.
BUYTHEWAY shall not be responsible for any fraud, deception or misrepresentations by users, whether or not the user is verified.
If BUYTHEWAY, in its sole discretion, finds that a user files invalid or fraudulent SNC credit claims, we reserve the right to immediately suspend, disable or blacklist the Seller account and remove the ability to access or trade on the BUYTHEWAY platform
If BUYTHEWAY has reason to believe that you may be engaging in or have engaged in fraudulent, unlawful, or improper activity, including without limitation any violation of any terms and conditions of this Agreement, your access to the BTW Payment service vendor may be suspended or terminated.
Vendor fraud in any transaction is between the purchaser and such vendor. BUYTHEWAY will not be held liable for any recovery/return/refund of products purchased and/or monies paid as a result of such fraud.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Any person who endeavours to download malware or any other programme of a damaging nature, or gain unauthorised access, to the site will be prosecuted. BUYTHEWAY reserves the right to claim any damages suffered as a result of such activity from such person.
BUYTHEWAY will take all reasonable steps to ensure the security of the site and guarantee the protection of personal log in and other information.
Certain content, products and services available via our service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by e-mail, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation:
- Maintain any comments in confidence;
- Pay compensation for any comments; or
- Respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or that violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
PRODUCT RATINGS AND REVIEWS
BUYTHEWAY seeks to protect your personal information from any vendor and are subject to the Privacy Terms (see below).
The furnishing of product reviews and ratings is a voluntary action on your part and, therefore, you will be consenting to the use of your name on the website, in newsletters and other marketing material from BUYTHEWAY.
All electronic communications are regulated by the Privacy Terms as set out below. Electronic communications include sending and receiving e-mails, visiting the website, lodging orders and receiving promotional material/newsletters.
INACCURACIES AND OMISSIONS
Occasionally, there may be information on our site or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website, should be taken to indicate that all information in the service or on any related website has been modified or updated.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time-to-time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall BUYTHEWAY, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
BUYTHEWAY is free from all liability arising from misguided representations and consumers’ consequent reliance on such made by its directors, agents, employees, suppliers or service providers, except where there is gross negligence on their part.
BUYTHEWAY may also not be held accountable for any damages suffered as a result of the unlawful activities of a third-party.
LEGAL NOTICES AND PROCESSES
Legal notices and all other legal processes will be accepted at the physical address of BUYTHEWAY. Such notices and processes must be communicated in English and delivered during business hours, through either of the following mediums:
- Registered Post;
- Hand delivery; or
The laws relating to legal procedure in the Republic of South Africa will be applicable.
You agree to indemnify, defend and hold harmless BUYTHEWAY and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
All damages/losses incurred from the direct and/or indirect us of this website or goods/services purchased from this website are at your own risk.
BUYTHEWAY and/or its sponsors and/or its endorsers is licensed and asserts its ownership of all information, links, designs, software, data, graphics, text, logos, trade names, images, video clips, icons, advertisements and service icons found on the website.
Any reproduction and/or supply and/or personal/commercial re-use of the aforementioned requires permission from BUYTHEWAY or any related third-party, unless otherwise authorised by applicable law.
All rights not expressly conveyed are reserved and protected by national and international legislation and agreements.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you cease using our site.
If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly we may deny you access to our services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the service constitutes the entire agreement and understanding between you and us and governs your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
The Terms of Service, our relationship and any disputes arising thereof is subject to and must be interpreted in accordance with laws of the Republic of South Africa.
Should a part of the Terms of Service be deemed invalid or unenforceable by a court of law, the remainder of Terms of Service will continue to have application.
Sustained use of the website will amount to your consent and submission to the jurisdiction of the Republic of South African courts as a result of any dispute stemming from the Terms of Service.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
BUYTHEWAY shall be the sole owner of all information submitted onto the site, including, but not limited, to your name, gender, date of birth, delivery address, telephonic details and e-mail address.
The above information shall be used primarily for purposes of processing orders and to aid you with relevant information in the likeness of order approvals and status updates. Other uses may include the delivery of information regarding updates, newsletters and special promotions (should you elect to receive them).
We endeavour not to sell, share, or rent this information to any other party, except those instrumental to the efficient and protected dispensation of your order/experience, including our employees and/or our service providers and/or third-party service providers and their employees (under contract with us). Furthermore, we ensure that the said parties, having access to such information, will be bound by the relevant and legally binding confidentiality obligations.
We will not be held liable for any damages ensuing from your own disclosure of your personal information to any third-party not falling within this ambit.
Whilst we strive to reasonably protect your privacy rights, we cannot be held liable for your personal information in our ownership that comes into the unlawful possession and/or is unlawfully disclosed by parties not under our control, unless such possession/disclosure is as a result of our negligence.
We will notify you as soon as there is suspicion of unauthorised use of your personal information.
We agree to return/destroy personal information that you do not wish to remain in our possession and will only retain that which we are legally obligated to.
Please note that we are permitted the use and disclosure of such information in order to give effect to the laws of the Republic of South Africa and/or any legal process served on us and/or to defend our rights or property and/or to fulfil any legal obligation expected of us.
Disputes arising between you and BUYTHEWAY from scenarios that are remediable and accommodated for in these Terms of Service may be confidentially arbitrated.
The aforementioned excludes urgent or interim legal/court relief.
Questions about the Terms of Service should be sent to us at [email protected].