1.1 This Website can be accessed at btzonlineshop.co.za,
1.2 The Website Terms and Conditions govern:
1.2.1 The ordering, sale and delivery of Goods through the use of the Website and
1.2.2 the use of the Website.
1.4 These Terms and Conditions are binding and enforceable on every person that accesses and /or uses the Website, including without limitation each user who registers on the Website as contemplated below (“registered user”). By using the Website and by clicking on the “Register” button on the Website, as may be applicable, you acknowledge that you have read and irrevocably agree to be bound by the Terms and Conditions.
1.5 The Website enables you to shop online for an extensive range of goods including but not limited to: bulbs, cable accessories, circuit breakers, distribution boards, enclosures, electrical cable, electrical and tools (“Goods”).
1.6 The offerings on this website are valid and effective only in the Republic of South Africa and are only available to those who have active trading accounts on the BTZ website.
2. Important Notice
2.1 These Terms and Conditions apply to all users, including but not limited to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
2.2 These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
2.2.1 May limit the risk or liability of BTZ; and/or
2.2.2 May create risk or liability for the user; and/or
2.2.3 May compel the user to indemnify BTZ; and/or
2.2.4 Serves as an acknowledgement, by the user, of a fact.
2.3 Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
2.4 If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to have the relevant provision/s explained to you (by sending your query to email@example.com before you accept the Terms and Conditions or continue using the Website. 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 BTZ in terms of the CPA.
2.5 BTZ 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 irrevocably accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
3. Detailed description of goods and/or services (BTZ TRADING AND DISTRIBUTION (PTY) LTD) is a business in the lighting and electrical industry that are best suited to meet the needs of South African market.
4. Registration and use of the website
4.1 Only registered users may order Goods on the Website.
4.2 To register as a user, you must provide a unique email address and password and provide certain information and personal details to BTZ. You will need to use your unique email address and password to access the Website in order to purchase Goods.
4.3 You agree and warrant that your username and password shall:
4.3.1 Be used for your personal use only; and
4.3.2 Not be disclosed by you to any third party.
4.4 For security purposes you agree to enter the correct email address and password whenever ordering Goods, failing which you will be denied access.
4.5 You agree that once the correct email address and password relating to your account has been entered, irrespective of whether the use of the email address and password is unauthorised or fraudulent, you will be liable for payment of such order.
4.6 You agree to notify BTZ 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.
4.7 By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity.
4.8 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 the Board of Directors of BTZ (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
4.9 You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
4.10 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 from the Board of Directors of BTZ.
4.11 You may update, edit or terminate your account at any time through the Website.
5. Conclusion of sales and availability of stock
5.1 Registered users may place orders for Goods, which BTZ may accept or reject. Whether or not BTZ 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 by BTZ for the Goods.
5.2 NOTE: BTZ 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 BTZ come into effect (the “Sale”). This is regardless of any communication from BTZ stating that your order or payment has been confirmed. BTZ will indicate the rejection of your order by cancelling it and, within 30 days thereafter, refunding you for any amount already paid.
5.3 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 cancel the Sale only in accordance with the Returns Policy.
5.4 Placing Goods in a wish list 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. BTZ shall not be 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.
5.5 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 BTZ, BTZ 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 placing an order, BTZ will notify you and you will be entitled to a refund of the amount paid by you for such Goods.
5.6 Certain Goods may not be purchased for re-sale. Should we suspect that such Goods are being purchased for this purpose, we are entitled to cancel your order immediately without notice to you.
5.7 The invoice for your purchase will be emailed to you at the email address you provide to us. A copy of this invoice will be included in your parcel and will also be made available on your registered account.
5.8 BTZ reserves the right to discontinue or change the specifications of its Goods from time to time without notice to you. However, the specifications of a particular Good will not be changed after order confirmation and before delivery of that Good to you.
5.9 These Terms and Conditions are in no way intended to deprive you, if you are a “consumer” contemplated under the Electronic Communications and Transactions Act 25 of 2002 (ECTA) of your right to cancel an agreement for the supply of goods within seven days after the date of the receipt of the goods, subject to a handling fee / the reasonable cost of returning the goods, which will be off-set against the refunded purchase price. You are a consumer under ECTA if you are an individual who will use the goods you buy.
6.1 Payment options accepted Payment may be made via Visa and MasterCard.
6.2 All prices shown on our Website are quoted in South African Rands and are valid and effective only in the Republic of South Africa.
6.3 All Goods ordered via the Website shall automatically be charged to your online account with BTZ and the ordinary payment terms relating to such account shall apply.
7. Delivery of goods
7.1 Subject to availability and receipt of payment, requests will be processed within 3 days and delivery confirmed by road. You will be charged a delivery fee of R49 per 25 Kilograms of the total order
7.2 BTZ offers 1 (one) method of delivery of Goods to you; delivery to your nominated address.
7.3 The Goods shall be delivered by by road, in BTZ’ sole and absolute discretion. For the purposes of this clause, the applicable road carrier, as the case may be, shall be deemed to be the agent of the User. Delivery shall be deemed to have been effected to the User when the goods are handed to the transport carriers. The onus of proving non-delivery shall rest with the User.
7.4 Where it accepts your order, BTZ will deliver the Goods to you as soon as reasonably possible, but no later than 7 (seven) business days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period due to circumstances which are beyond our control. 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. In the event of late deliveries (for any reason whatsoever and howsoever arising) BTZ shall only be liable to refund monies already paid by you and accepts no other liability which may arise as a result of such late deliveries.
7.5 Signature of BTZ’ delivery note by the User or by any representative of the User (including but not limited to the transport carrier) shall be regarded as acceptance by the User that the goods reflected in such delivery note have been properly and completely delivered.
7.6 All risk of loss in and to the Goods shall pass to you on delivery of the Goods.
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, 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.
9. Vouchers & Coupons
9.1 BTZ may from time to time make physical or electronic gift vouchers (“Vouchers”) and promotional coupons or discounts (“Coupons”) available for use on the Website towards the purchase of the Goods. Vouchers and Coupons can only be redeemed while they are valid and their expiry dates cannot be extended. More specifically:
22.214.171.124 Vouchers that are purchased by registered users are valid for 3 years after Sale. Vouchers that BTZ gives away for free are valid for the period stated thereon. In each case, if your Voucher has not been used within that period, it will expire.
126.96.36.199 Vouchers cannot be used to buy other Vouchers or Coupons. They do not accrue interest and are not exchangeable for cash once purchased. If your Voucher value is insufficient for the order you wish to place, you may pay the difference via credit card.
188.8.131.52 BTZ is not responsible for any loss or unauthorised use of a Voucher after it has delivered the Voucher to you or to the email address nominated by you.
184.108.40.206 Coupons are issued in BTZ’s sole discretion and we reserve the right at any time to correct, cancel or reject a Coupon for any reason. Users do not have a right to Coupons and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.
220.127.116.11 As a general rule, and unless specified otherwise on the specific Coupon itself:
18.104.22.168.1 each Coupon can only be used once;
22.214.171.124.2 only one Coupon can be used per person per promotion/campaign on the Website;
126.96.36.199.3 A Coupon must be used at check-out – it cannot be used later on existing orders; and
188.8.131.52.4 the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.
184.108.40.206 Coupons cannot be used to buy Vouchers or other Coupons, and cannot be exchanged or refunded for cash or credit. If for any reason a Coupon does not reflect on the final amount due from you at check-out, you can contact firstname.lastname@example.org to confirm if the Coupon is still valid. If the coupon is still valid, you can choose whether to cancel the order and place it again with the Coupon, or you can complete the current order and use the Coupon on your next order.
220.127.116.11 BTZ is not responsible for any loss or unauthorised use of a Coupon.
10. Discounted Goods
10.1 There are limited quantities of Discounted Goods (“a Deal”) and as such after a Deal is sold out, those particular Goods may be available on the Website at their normal selling prices (but no longer as a Deal).
10.2 We do not guarantee a specific saving. The extent of the Deal or discount is at the sole discretion of BTZ.
10.3 Adding a Deal to your cart or completing your order for a Deal without paying for it does not reserve the item for you. Unless BTZ receives payment from you at the time of placing your order for a Deal, BTZ will cancel your order.
10.4 The original (or “Was …”) prices on Deals and other discounted Goods are the recommended retail prices given to us by our suppliers at the time we listed the Goods. Once particular Goods are no longer available as a Deal or at a discounted price, the selling price on the Website may be different from the original price of a Deal or discounted Goods.
10.5 By purchasing any Deal, you are also automatically opting in for our Deal Notifications 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.
11. Refunds, Returns & Exchanges
11.1 The provision of goods and services by BTZ TRADING AND DISTRIBUTION (PTY) LTD is subject to availability. In cases of unavailability, BTZ TRADING AND DISTRIBUTION (PTY) LTD will refund the client in full within 30 days. Cancellation of orders by the client will attract a 0% administration fee.
12.1 BTZ TRADING AND DISTRIBUTION (PTY) LTD shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569 .
13. Card acquiring and security
13.1 Card transactions will be acquired for BTZ TRADING AND DISTRIBUTION (PTY) 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 Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
14. Customer details separate from card details
14.1 Customer details will be stored by BTZ TRADING AND DISTRIBUTION (PTY) LTD 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.
15. Merchant Outlet country and transaction currency
15.1 The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
16.1 BTZ TRADING AND DISTRIBUTION (PTY) LTD takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
17. Country of domicile
17.1 This website is governed by the laws of South Africa and BTZ TRADING AND DISTRIBUTION (PTY) LTD chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.
18.1 BTZ TRADING AND DISTRIBUTION (PTY) LTD may, in its sole discretion, change this agreement or any part thereof at any time without notice.
19. Company information
19.1 This website is run by BTZ TRADING AND DISTRIBUTION (PTY) LTD (private company) based in South Africa trading as BTZ Lighting and Electrical and with registration number 2016/2731181/07 and Thembinkosi Zungu (Director).
20. BTZ TRADING AND DISTRIBUTION (PTY) LTD contact details
Company Physical Address: W829 SLI KHUZWAYO, UMLAZI, 4066
Email: email@example.com Telephone: +27 (63) 409 9501
21. Changes to these Terms and Conditions
21.1 BTZ 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.
21.2 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.
22. Electronic communications
23. Ownership and copyright
23.1 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 BTZ, its advertisers and/or sponsors and/or is licensed to BTZ.
23.2 You will not acquire any right, title or interest in or to the Website or the Website Content.
23.3 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 written permissions for the commercial use of any Website Content contact on +27 (63) 409 9501 or e-mail firstname.lastname@example.org.
23.4 Where any of the Website Content has been licensed to BTZ 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.
24.1 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.
24.2 BTZ does not display the Goods or information regarding them on the Website in a manner which is misleading, fraudulent or deceptive in any way. BTZ also provides rights of return of products in its Returns Policy however, the information and other content published on the Website, including without limitation, text, graphics and links are provided on an “as is” basis. BTZ makes no representations or warranties of any kind, express or implied, as to the operation of the Website or the accuracy, correctness or completeness of the information and other content included on the Website. Without limiting the generality of this disclaimer:
24.2.1 BTZ does not warrant that the Website will be error free, or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality;
24.2.2 Although BTZ has taken reasonable measures to ensure the integrity of the Website and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available on this website are free of viruses, trojans, bombs, time-locks or any other data or code which has the ability to corrupt or affect the operation of your system;
24.2.3 Apart from any express warranties on the products we supply, we give no warranty on the products sold over this website except those contemplated in section 55 of the consumer protection act, 2008 (CPA) and only if you are a “consumer” under the CPA.
24.3 Please pay special attention to the following:
24.3.1 You acknowledge that your use of the Goods made available on the Website is at your own risk. If you do not follow the instructions on the Goods you may be endangering your life and there is a possibility of injury, fires or electric shocks.
24.3.2 For your own safety, please carefully consider and follow the warnings and instructions on the Goods.
24.3.3 The User shall be obliged to and warrants that it will ensure that a qualified technician and /or electrician installs all Goods purchased from BTZ which require installation by such qualified persons. Should the User fail to comply with such obligation, the User indemnifies BTZ from any liability of whatever nature arising from the purchase of the Goods.
24.3.4 The User acknowledges that it does not rely, in any manner, on any representations of BTZ in its decision to purchase the Goods from BTZ. The User acknowledges and agrees that BTZ shall not be liable for any damage caused by any Goods sold, whether such damage is direct or consequential or whether it arises out of the negligence of BTZ or out of any other cause.
24.4 Whilst BTZ takes reasonable measures to ensure that the content of the Website is accurate and complete, BTZ 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. Before placing any reliance on the data and information provided on the Website, please take all reasonable steps to ensure and verify the accuracy of the contents, data and information obtained from the Website. Without limiting the generality of this statement: the Website could include technical, typographical or other inaccuracies and you are urged to contact your own professional advisors to confirm all information contained on the Website prior to placing reliance on it. Changes are periodically made to the information on the Website and these changes will be incorporated into new editions of the Website.
24.5 BTZ disclaims liability for any damage, loss or liability, 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.
24.6 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.
24.7 Any views or statements made or expressed on the Website are not necessarily the views of BTZ, its directors, employees and/or agents.
24.8 In addition to the disclaimers contained elsewhere in these Terms and Conditions, BTZ 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 BTZ, its employees, agents or authorised representatives. BTZ 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.
25. Limitation of liability
25.1 BTZ 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 BTZ, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to email@example.com or by contacting +27 (63) 409 9501
25.2 BTZ 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.
25.3 YOU HEREBY INDEMNIFY BTZ 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.
26. Availability and termination
26.1 We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserve the right to discontinue providing the Website or any part thereof with or without notice to you.
26.2 BTZ may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that BTZ 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.
26.3 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.
26.4 BTZ reserves its right to terminate your account at any time if we, in our sole discretion, determine that you are not using the website in compliance with these Terms and Conditions or if we believe the information provided by you is untrue, inaccurate or incomplete.
26.5 BTZ reserves the right, 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 BTZ 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 BTZ, in whole or in part, on notice to you. BTZ shall only be liable to refund monies already paid by you (see BTZ’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.
26.6 At any time, you can choose to stop using the Website, with or without notice to BTZ.
27. Governing law and dispute resolution
27.1 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. By using this Website you consent to the exclusive jurisdiction of the High Court and / or Arbitration Forums of the Republic of South Africa in respect of any disputes arising in connection with this Website and/or your use of it or any Goods obtained through it or information or other contents on it. The purpose of this clause is to make South African law apply and to give South African courts and Arbitration Forums jurisdiction if you are based outside of South Africa.
27.2 Any dispute in regard to the interpretation of or the effect of or the parties’ respective rights and obligations under or a breach of or in regard to any matter dealt with by or arising out of the provisions of this agreement at any time arising between the parties, shall be decided by arbitration, at the instance of the aggrieved party, in the manner set out in this clause.
27.3 The said arbitration shall be held subject to the provisions of this paragraph:
27.3.1 At Johannesburg, Republic of South Africa at the election of the party calling for such arbitration;
27.3.2 Formally, under the Standard Procedure Rules for the time being, as issued by the Arbitration Foundation of the Republic of South Africa or otherwise in accordance with the provisions of the Arbitration Act No. 42 of 1965, as amended;
27.3.3 The arbitrator shall be if the question in issue is:
18.104.22.168 Primarily an accounting matter, an independent chartered accountant of not less than 15 (fifteen) years standing agreed upon between the parties as such, or appointed by the President for the time being of the Gauteng branch of the South African Institute of Chartered Accountants;
22.214.171.124 Primarily a legal matter, a practising advocate of not less than 15 (fifteen) years standing agreed upon between the parties as such, or appointed by the President for the time being of the Gauteng Society of Advocates, failing which, the Chairman of the Association of Arbitrators of South Africa;
126.96.36.199 any other matter, an independent person agreed upon between the parties and failing agreement as may be appointed by the Chairman of the Association of Arbitrators of South Africa.
27.4 Nothing in this clause 18 limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.