Terms & Conditions

Introduction
1. 1. This website can be accessed at www.bluekolibri.co.za, related mobi-sites and software applications (the “Website”) and is owned and operated by Blue Kolibri Online (RF) (Proprietary) Limited (“Blue Kolibri”, “we”, “us” and “our”).
  2. These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.
  3. These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
  4. The Website enables you to shop online for an extensive range of goods (“Goods”).
Important Notice
1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
2. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
  1. may limit the risk or liability of Blue Kolibri or a third party; and/or
  2. may create risk or liability for the user; and/or
  3. may compel the user to indemnify Blue Kolibri or a third party; and/or
  4. serves as an acknowledgement, by the user, of a fact.
3. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
4. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Blue Kolibri to explain it to you before you accept the Terms and Conditions or continue using the Website.
5. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Blue Kolibri in terms of the CPA.
6. Blue Kolibri permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
Returns
1. Please refer to our Returns Policy for more information about returning products (and related refunds, replacements or repairs). The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
Registration and use of the website
1. Only registered users may order Goods on the Website.
2. To register as a user, you must provide a unique username and password and provide certain information and personal details to Blue Kolibri . You will need to use your unique username and password to access the Website in order to purchase Goods.
3. You agree and warrant that your username and password shall:
  1. be used for personal use only; and
  2. not be disclosed by you to any third party.
4. For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
5. You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
6. You agree to notify Blue Kolibri immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
7. By using the 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 the Website only with the involvement and 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.
8. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Blue Kolibri representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
9. You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
10. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Blue Kolibri representative.
Conclusion of sales and availability of stock
1. Registered users may place orders for Goods, which Blue Kolibri or the Third Party Seller may accept or reject. Whether or not Blue Kolibri or the Third Party Seller accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by Blue Kolibri for the Goods.
2. NOTE: Blue Kolibri or the Third Party Seller will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and Blue Kolibri or the Third Party Seller come into effect (the “Sale”). This is regardless of any communication from Blue Kolibri stating that your order or payment has been confirmed. Blue Kolibri will indicate the rejection of your order (by Blue Kolibri itself or the Third Party Seller) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
3. Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy.
4. Placing Goods in a wishlist or 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 or the price thereof might change without notice to you. You cannot hold Blue Kolibri or the Third Party Seller liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
5. You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by Blue Kolibri , Blue Kolibri will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, Blue Kolibri will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.
6. In the case of Goods for sale by a Third Party Seller, Blue Kolibri relies on inventory information supplied by the relevant Third Party Seller and Blue Kolibri accordingly bears no liability for any inaccuracies in the information supplied to it. Consequently, should you order any Goods from a Third Party Seller which are in fact sold-out, any resulting dispute should be resolved between you and the relevant Third Party Seller, your respective rights and obligations being as set out in these Terms and Conditions.
Payment
1. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
2. Whether the Goods are for sale by Blue Kolibri or a Third Party Seller, payment may be made for Goods via the following methods (depending on its availability and/or your eligibility to use such a method) –
  1. debit card; where payment is made by debit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled 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 debit card supplied for purposes of paying the Goods. You also warrant that your debit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
  2. credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled 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 purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
  3. direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. Blue Kolibri will not accept your order if payment has not been received;
  4. Instant EFT;
  5. cash on delivery; by selecting this option, you undertake to ensure that you have the exact cash on hand at the time of delivery.
3. You may contact us via our Contact Page to obtain a full record of your payment. We will also send you email communications about your order and payment.
4. Once you have selected your payment method (save for cash on delivery or direct bank deposit), you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
Delivery of goods
1. Blue Kolibri offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:
  1. courier; or
  2. self-collection.
2. For more information about delivery, please see our : Shipping and Delivery, which are incorporated into these Terms by reference. Our delivery charges are subject to change at any time, without prior notice to you, so please check the FAQs for the most up-to-date information. You will see the applicable delivery charges in your cart when you check out.
3. Where it accepts your order, Blue Kolibri or the Third Party Seller will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.
4. Blue Kolibri ’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. Blue Kolibri is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.
Errors
1. We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.
2. Blue Kolibri shall not be bound by any incorrect information regarding our Goods displayed on any third party websites.
Daily Deals and other discounted Goods
1. From time to time, we may offer certain Goods at discounted prices as part of a Daily Deal, App Only Deal, Bundle Deal or any other temporary deal which are explained below (each a “Deal”). These will be subject to certain conditions (as set out in these Terms and/or the Website), which define the scope of the Deal. If you buy a product within the scope of a Deal, you will pay the discounted price for that product (the “Deal Price”).
2. However, if you buy a product in a manner that falls outside of the scope of a Deal, then you will pay the then current (non-Deal) selling price on the Website (the “Normal Price”), for each product that falls outside the scope of the Deal.
3. For example: if you buy more than one product in a Daily Deal, you will pay the Deal Price for the first product, but the Normal Price for all products thereafter. Alternatively, if you buy a product in combination with any other products that together do not constitute a Bundle Deal, you will pay the Normal Price for all such products falling outside the scope of the relevant Deal.
4. Daily Deals
  1. At our discretion, Daily Deals (“Deals”) are available daily from 7am – 23:59pm on week days and from 9am – 23:59pm on weekends. In addition, please note that Daily Deals have a stock limit and may expire earlier if stock runs out.
  2. Daily Deals quantities are limited and as such, after a Daily Deal is sold out, those particular Goods may be available on the Website at their normal selling prices (but no longer as a Daily Deal).
  3. We do not guarantee a specific saving. The extent of the Daily Deal or discount is at the sole discretion of Blue Kolibri .
  4. Only one of each Daily Deal may be purchased per customer.
  5. Adding a Daily Deal to your cart, or completing your order for a Daily Deal without paying for it, does not reserve the item for you. Blue Kolibri must receive payment from you within 24 hours of you placing your order for a Daily Deal, otherwise we will cancel your order.
  6. Blue Kolibri will reserve stock for customers in the order in which it receives payment. Therefore if you pay via EFT, you might not get your item because Blue Kolibri may only receive payment from you a few days later, and in the meantime the Daily Deal might sell out to customers paying immediately.
  7. The List Price shown in respect of Daily Deals and other discounted Goods is the recommended retail price suggested to us by the supplier of the relevant product. Where the supplier has not provided a recommended retail price, an estimate may be provided. Where a product is offered for sale by a Third Party Seller, the List Price may be provided by the Third Party Seller.
  8. By purchasing any Daily Deal, you are also automatically opting in for our Daily Deals daily newsletter as well as our general newsletter (you may opt-out of these newsletters at any time). Opting out of these newsletters after purchase will not affect the value of the Goods purchased.
5. Bundle Deals
  1. We may from time to time offer bundle deals for sale under the Bundle Deals tab on the Website (“Bundle Deals“). Each Bundle Deal will consist of two or more products that either we or you (as provided on the Website) have combined together in a single bundle.
  2. Any saving or discount resulting from purchasing a Bundle Deal instead of its component products separately may be applied to any of the component products individually in our sole discretion. The actual purchase price (after applying any applicable saving or discount) of each component product will be communicated to you upon checkout and reflected in your order history. This is relevant to the amount that would be refunded to you, if you were to return any product in a Bundle Deal for a refund, in accordance with our Returns Policy.
  3. A Bundle Deal should be distinguished from a pre-packed bundle compiled by our supplier and supplied to us as a single unit (“Pre-packed Bundles“). Any saving or discount in respect of a Pre-packed Bundle will be applied only to the total bundle price and not to the prices of the individual component products. Please refer to our Returns Policy for information about returning a Pre-packed Bundle.
Privacy policy
1. We respect your privacy and will take all reasonable measures to protect it, as more fully detailed in our Privacy Policy, which is incorporated by reference.
Changes to these Terms and Conditions
1. Blue Kolibri may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
2. Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
Electronic communications
1. When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with our privacy policy as set out in clause 15 above.
Ownership and copyright
1. The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Blue Kolibri , its advertisers and/or sponsors and/or is licensed to Blue Kolibri .
2. You will not acquire any right, title or interest in or to the Website or the Website Content.
3. Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact us via our Contact Us page.
4. Where any of the Website Content has been licensed to Blue Kolibri or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
Disclaimer
1. The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
2. Whilst Blue Kolibri takes reasonable measures to ensure that the content of the Website is accurate and complete, Blue Kolibri t makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by Blue Kolibri ’s representatives, Blue Kolibri shall not be bound thereby.
3. Blue Kolibri disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
4. Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
5. Any views or statements made or expressed on the Website are not necessarily the views of Blue Kolibri , its directors, employees and/or agents.
6. In addition to the disclaimers contained elsewhere in these Terms and Conditions, Blue Kolibri also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Blue Kolibri , its employees, agents or authorised representatives. Blue Kolibri thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
Linking to third party websites
1. This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and Blue Kolibri is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
2. Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
Limitation of liability
1. Blue Kolibri cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Blue Kolibri , its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of our Contact Us page.
2. Blue Kolibri SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
3. YOU HEREBY INDEMNIFY Blue Kolibri AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
Availability and termination
1. We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
2. Blue Kolibri may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Blue Kolibri will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
3. If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
4. Blue Kolibri is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by Blue Kolibri to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Blue Kolibri , in whole or in part, on notice to you. Blue Kolibri shall only be liable to refund monies already paid by you (see Blue Kolibri ’s Returns Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
5. At any time, you can choose to stop using the Website, with or without notice to Blue Kolibri .
Governing law and jurisdiction
1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
2. In the event of any dispute arising between you and Blue Kolibri , you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Limpopo Division, Limpopo) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
3. Nothing in this clause 23 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
Notices
1. Blue Kolibri hereby selects *********************** as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Blue Kolibri may change this address from time to time by updating these Terms and Conditions.
2. You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving Blue Kolibri not less than 7 days’ notice in writing.
3. Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –
  1. by hand will be deemed to have been received on the date of delivery;
  2. by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
  3. by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and
  4. by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.
Complaints
1. We are a participant under the Consumer Goods and Services Industry Code and are bound by it. An electronic copy of this Code is available at http://www.cgso.org.za/downloads/. If you have a complaint about the goods or services provided by us or require information regarding our internal complaints-handling process, please get in touch with us via our Contact Us on the Website.
2. If we don’t resolve your complaint within 15 (fifteen) business days of you having notified us of it, you are entitled to approach the Consumer Goods and Services Ombud (“CGSO”), to assist in resolving the dispute. The CGSO’s contact details are: Website: http://www.cgso.org.za/ Sharecall: 0860 000 272 Email: complaints@cgso.org.za
Information
1. For the purposes of the ECT Act, Blue Kolibri ’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
  1. Full name: Blue Kolibri, a private company registered in South Africa.
  2. Main business: Online retailer
  3. Email address: sales@bluekolibri.co.za
  4. PAIA: The manual published in terms of section 51 of the Promotion of Access to Information Act 2000 may be downloaded from here.
General
1. Blue Kolibri may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
  1. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
  2. Any failure on the part of you or Blue Kolibri to enforce any right in terms hereof shall not constitute a waiver of that right.
  3. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
  4. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
  5. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
  6. These Terms and Conditions contain the whole agreement between you and Blue Kolibri and no other warranty or undertaking is valid, unless contained in this document between the parties.

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