Terms and Conditions

MU Bear and Company (Pty) Ltd (“THE COMPANY”) WEBSITE TERMS OF SERVICE

THESE TERMS OF SERVICE (“TERMS”) ARE EFFECTIVE AS OF: 1st December 2021 (“EFFECTIVE DATE”)

READ THESE TERMS CAREFULLY BEFORE BROWSING THIS WEBSITE. YOUR CONTINUED USE OF THE WEBSITE WHETHER AS A USER (WHICH INCORPORATES A BROWSER) (“A USER”, “YOU” OR “YOUR”) INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THIS WEBSITE IF YOU DO NOT ACCEPT THESE TERMS. ALL SECTIONS OF THESE TERMS ARE APPLICABLE TO YOU UNLESS THE SECTION EXPRESSLY STATES OTHERWISE. THESE TERMS SHALL OPERATE IN ADDITION TO ANY OTHER MORE SPECIFIC TERMS THAT MIGHT APPLY TO A USER. IF THERE EXISTS A CONFLICT BETWEEN THESE TERMS AND THE MORE SPECIFIC TERMS APPLICABLE TO A USER, THE MORE SPECIFIC TERMS SHALL PREVAIL TO THE EXTENT OF SUCH INCONSISTENCY.

1. Introduction
   1. These Terms will apply fully and affect a User’s use of the website www.mubearandco.com (“the Website”). By using this Website, a User agrees to accept the Terms contained herein in full.
   2. MU BEAR is an online e-commerce store which enables a User, through its website, to shop for and purchase an extensive range of items as appear on the website.
   3. If you do not agree to the terms of use contained in this document, you must immediately desist from using this Website.
   4. The following additional terms, which can be accessed from the home page of our site, will also apply to your use of our site:
      1. Our Privacy and Cookie Policy, which sets out the terms on which we process any personal data we collect from you or that you provide to us and which sets out information about cookies (if any) on our site. By using our site, you consent to such processing, and you warrant that all data you provide is accurate.
   5. Minors are not allowed to use this Website.
2. Definitions

   In the MU BEAR AND COMPANY website terms of use:

   1. “terms” mean these website terms of use, any specific terms, the privacy policy and any other terms, policies or notices agreed between you and MU BEAR;
   2. “we” or “us” or “MU BEAR” means MU BEAR AND COMPANY, whichever one applies;
   3. “website” means www.mubearandco.com;
   4. “MU BEAR website” means www.mubearandco.com;
   5. “you” or “user” means any person who visits, accesses or uses the website.
3. Conclusion Of Sales
   1. A sales order will only be deemed as completed once you have completed the purchase cycle, an approved payment/order confirmation is received, and delivery has taken place. We will confirm your purchase order with you via your specified email. By placing a product in your shopping cart or adding a product to a wish-list does not make up a sale nor are such products, its price nor its quantities reserved. If you complete the purchase cycle for such products at a later stage MU BEAR cannot be held liable to honour any price changes or if such products are not available.
   2. MU BEAR shall use reasonable attempts to make the advertised stock available at the displayed price, for the period specified. MU BEAR strives to ensure that we minimise out-of-stock situations and will take all reasonable measures to make your purchased product available at the advertised price or inform you of an equivalent product option. We will notify you of any delivery delays should we need to source a product. Please refer to our termination of sale process should you opt for a full refund.
4. Intellectual Property Rights
   1. The Company and/or the Company’s licensors own all the intellectual property rights and materials as are contained on this Website.
   2. A User is granted a limited license only for purposes of utilising this Website.
   3. No user may copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, display, or in any way exploit any of the content, in whole or in part, except with our express written agreement or that of the original copyright holder. These copyright terms apply to all products purchased from this site or acquired in any format by accessing our websites.
5. Restrictions
   1. A User may not:
      1. publish or mirror any of this Website’s material in any media whatsoever;
      2. use this Website for any objectionable or unlawful purpose, including the posting of any threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, profane or spam material;
      3. take any action that may impose an unreasonable or disproportionately large load on this Website’s infrastructure of any nature;
      4. use this Website in any manner would result in a User breaching any applicable legislation or licensing obligations (including with respect to privacy) or any obligations a User may owe to third parties;
      5. conduct any activity which compromises or breaches any third-party’s patent rights, trademark, copyright or other intellectual property rights;
      6. introduce any virus, worm, trojan horse, malicious code or other program which may damage computers or other computer-based equipment of the Company or affect the performance of this Website;
      7. engage in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
      8. use this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
      9. use this Website to engage in any advertising or marketing other than in a manner expressly permitted by the Website;
      10. crawl, spider or scrape the content of the Website, except to the extent required by recognised search engines (e.g. Google) for the purposes of indexing this Website; or
      11. provide unauthorised interfaces to the Website.
6. A User’s Content
   1. In these Terms, “a User’s Content” shall mean any audio, video text, images or other material a User may choose to display on this Website, if applicable. By displaying a User’s Content, a User grants the Company non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
   2. A User’s Content must be a User’s own and must not be invading any third-party's rights. The Company reserves the right to remove any of a User’s Content from this Website at any time without notice.
7. Personal Information
   1. The Company will not disclose or make available to any third party, directly or indirectly, any of a User’s personal information, except where the Company has such a User’s permission, where the personal information is already in the public domain (through no breach of these Terms), or if legally compelled to do so. Please refer to our Privacy Policy which governs the submission of personal information.
   2. Card transactions will be acquired for MU BEAR via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
   3. Customer details will be stored by MU BEAR separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.
8. Errors, Inaccuracies and Omissions
   1. Occasionally there may be information on our site on/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).
   2. 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.
9. Links to other Websites
   1. This Website may contain links or portals to other websites. The Company has no control over websites operated by third parties and a User agrees that the Company is not responsible for and will have no liability in connection with a User’s access to or use of any third-party website.
10. Disclaimer of Warranties; Limitation of Liability; Indemnification
    1. This Website is provided “as is,” with all faults, and the Company express no representations or warranties, of any kind related to this Website or the materials contained on this Website.
    2. We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
    3. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
    4. 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.
    5. The Company cannot guarantee or warrant that any file downloaded from this Website or delivered to a User will be free of infection or virus, worms, trojan horses or other code that has contaminating or destructive qualities. A User is responsible for implementing appropriate processes, systems and procedures to circumvent this type of issue.
    6. In no event shall the Company, or any of its officers, directors and employees, be held liable for anything arising out of or in any way connected with a User’s use of this Website and/or use of reliance on any content or product displayed or purchased on our site, whether or not such liability is under contract, delict or otherwise.
    7. A User indemnifies the Company and agrees to keep the Company indemnified, from and against any claim, loss, damage, cost or expense that the Company may suffer or incur as a result of or in connection with a User’s improper use of or conduct in connection with this Website, including any breach by a User of these terms or any applicable law or licensing requirements.
    8. To the extent that the Company’s liability cannot be excluded by law, the Company’s maximum liability, whether in contract, equity, statute or tort (including negligence), to a User will be limited to the minimum amount imposed by such law.
    9. Notwithstanding anything to the contrary in these Terms, in no circumstances will the Company be liable for any indirect, punitive or consequential loss or damages, loss of income, profits, goodwill, data, contracts, use of money or any loss or damages arising from or in any way connected to interruption of this Website of any type, whether in delict, contract or otherwise.
    10. If you are a business user, please note that, in particular, we will not be liable for:
        1. loss of profits, sales, business or revenue;
        2. business interruption;
        3. loss of anticipated savings;
        4. loss of business opportunity, goodwill or reputation; or
        5. any indirect or consequential loss or damage.
11. Terms for buying goods and services on our website
    1. If you are a consumer
       1. These terms, together with our Privacy Policy, provide you with information about us. These terms will apply to any contract between us. Please read these terms carefully and make sure you understand them before ordering anything from our website. We will notify you of any other terms and conditions that apply to any contract made between us.
    2. Refund Policy
       1. If you have returned the product to us because it is faulty or not as described, we will refund the price of the product in full.
       2. We will accept returns within 30 days of the date the good(s) were purchased from our online store. Please contact us as soon as possible within this period to notify us regarding your return. To be eligible for a return, your item must be in the same condition that it was purchased, i.e. unused and in its original packaging and with all accessories attached to the product. Items affected as a result of negligence, breakage, water damage or tearing are not applicable for returns.
       3. All refunds, once approved, will be made excluding the original courier charges. (Funds refunded will only be applicable to the product cost and not courier charge). Mu Bear will be liable for courier costs associated with goods returned and replaced, where goods are defective. However, such costs will arise from the actions of Mu Bear and not client’s actions. Courier costs for non-defective returns will be borne by the customer. Depending on where you live, the time it may take for your exchanged product to reach you, may vary.
       4. We will refund you on the credit or debit card you used to pay. If you paid via a payment processor, or via bank transfer, we will make the refund by the same route.
       5. Credit Card and EFT refunds online – Please note that each banking institution has a different lead time on refunds. Refunds can take between 3 – 14 working days to reflect in your account. If you have not yet received a refund, first check your bank account, then contact your credit card company, next contact your bank. If you have done all of this and you still have not yet received your refund, please contact us at inquiries@mubearandco.com.
       6. Because you are a consumer, we are under a legal duty to supply products that are in conformity with the contract entered into between us. As a consumer, you have legal rights in relation to products that are faulty or not as described. These legal rights are not affected by your right of return and refund outlined above or anything else in these terms.
12. Severability
    1. If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
13. Variation of Terms
    1. To the extent permitted by law, the Company is permitted to revise these Terms at any time as it sees fit, without prior notice to Users, and any revisions to the Terms will take effect when posted on this Website, unless a later date is stated in the revised Terms. A User’s continued use of this Website will be construed as a User’s consent to the amended or updated Terms, and will be conditional upon the Terms in force at the time of use. A User’s only remedy, should such User not agree to these amended Terms, is to stop the use of this Website.
14. Assignment
    1. The Company is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, a User is not allowed to assign, transfer, or subcontract any of its rights and/or obligations under these Terms.
15. Entire Agreement
    1. These Terms constitute the entire agreement between the Company and a User in relation to a User’s use of this Website (unless a more specific agreement has been entered into in this regard).
16. Governing Law & Jurisdiction
    1. These Terms will be governed by and interpreted in accordance with the laws of the Republic of South Africa.
17. Domicilium Citandi Et Executandi and Contact Information
    1. A User and the Company choose as their respective domicilium citandi et executandi for the purpose of legal proceedings and for the purpose of giving or sending any notice provided for or necessary of these Terms, the following:
       1. The Company:
          1 D HASWELL STREET
          JOHANNESBURG, OAKLANDS, 2192
       2. User: The address as provided when registering on this Website, or if no registration is applicable on the Website, as nominated by the User.
    2. Both a User and the Company may change its domicilium to any other physical address or email address by written notice to the other to that effect. Such change of address will be effective 7 (seven) days after receipt of notice of change of domicilium.
    3. All notices to be given in terms of these Terms will:
       1. be given in writing;
       2. be delivered or sent by email; and
       3. be presumed to have been received on the date of delivery.
    4. Notwithstanding the above, any notice actually received by the other will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with the provisions of this clause.
18. CHANGES TO TERMS OF SERVICE
    1. 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.