1. About us
Brave Mode Trading 1099 CC (Registration Number 2011/038534/23) (the Provider) is the proprietor of www.ziggybay.com and owns and operates the website. By accessing and using the website you (the User) agrees to be bound by the terms and conditions set out hereunder.
2. Electronic Communications
By using this Website or communicating with the Provider by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.
3. E-Commerce and Privacy
The private information required for executing the orders placed through the e-commerce facility, namely the user's personal information and credit card details, delivery address and telephone numbers will be kept in the strictest confidence by the Provider and not sold or made known to third parties. Only the necessary information, that is, the delivery address and contact phone number, will be made known to third parties delivering the product.
The provider undertakes that it has taken all reasonable precautions to secure the credit card processing that is carried out to receive payment for goods sold. The Provider cannot be held responsible for security breaches occurring on the user's electronic device (personal computer or other electronic device used to browse the website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.
The user may visit the website without providing any personal information. The website servers will in such instances collect the IP address of the user computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the website, pages viewed, etc. The provider uses this information to determine use of the Website, and to improve content thereon. The provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation. 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.
4. Delivery Policy
Orders over R500 will be delivered for free within 7 days via courier when the delivery address falls within normal courier routes and via alternative delivery means (e.g. via the Post Office) in other cases.
Orders under R500:
All orders under R500.00 will be posted at a charge of R50. You can choose to use a courier (express or normal) at an extra charge on checkout.
Collect at Post Office counter – R50
Courier (door to door) (within 7 days depending on whether you are in a major centre) – R80
If you are not satisfied with any item ordered for any reason whatsoever you may return the item/s to us within 14 days of receipt and you may either (a) cancel your order and request a refund; or (b) request an exchange/replacement. If you wish to cancel the order you will receive a full refund subject to certain terms and conditions.
To obtain a full refund you must:
return items undamaged in the same new condition in which they were dispatched and in their original packaging
ensure we receive the returned items within 14 days (South African buyers) or 30 days (overseas buyers)
bear all the costs of returning the item to us
For details on how to return an item click here.
6. Products and Availability
The provider will endeavour to ensure that when stock is no longer available offers thereof are discontinued. However, should the provider be unable to fulfil any order placed by you due to the fact that the item is no longer in stock, the provider reserves the right to cancel the order. In such cases the provider will notify you and you will receive a full refund of the amount paid by you for the product without any deductions.
7. Payment Options
Payment may be made via Visa and MasterCard credit cards or by bank transfer into the Provider's bank account, the details of which will be provided after checkout.
8. Credit Card Acquiring and Security
We accept MasterCard and Visa credit cards. If you do not have a credit card please utilise one of the other payment options, or simply log off and return to the site at a later time to complete your order. All of your order details will be saved online under in the Your Account section available for use whenever you’re ready! Sorry for the inconvenience.
9. Merchant Outlet Country and Transaction Currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR).
10. Updating of these Terms and Conditions
The provider reserves the right to change, modify, add to or remove portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this website. It is the user's obligation to periodically check these Terms and Conditions at the website for changes or updates. The user's continued use of this website following the posting of changes or updates will be considered notice of the User's acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
11. Copyright and Intellectual Property Rights
The provider provides certain information at the website. Content currently or anticipated to be displayed at this website is provided by the provider, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs ("the Content"). All such proprietary works, and the compilation of the proprietary works, are copyright of the Provider, its affiliates or subsidiary, or any other third party owner of such rights ("the Owners"), and is protected by South African and international copyright laws. The providers reserve the right to make any changes to the website, the content, or to products and/or services offered through the website at any time and without notice. All rights in and to the content is reserved and retained by the owners. Except as specified in these Terms and Conditions, the user is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the content.
12. Limited Licence to General Users
The provider grants to the user, subject to the further terms of these Terms and Conditions, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only.
This website and the content may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial purpose without the express prior written consent of the provider. The license does not allow the User to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative use of this website or the content for the benefit of another merchant. The user may not frame nor use framing technologies to enclose the provider website or the content nor any part thereof without the express written consent of the provider. The provider and the owners do not offer products or services to minors. If you are under the age of 18, you may not respond to or otherwise accept or act upon any offers in the website.
The provider and the owners, their affiliates or subsidiary reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Any unauthorised use terminates this license.
13. Limitation of Liability
The website and all content on the website, including any current or future offer of products or services, are provided on an "as is" basis, and may include inaccuracies or typographical errors. The owners make no warranty or representation as to the availability, accuracy or completeness of the content. Neither the provider nor any holding company, affiliate or subsidiary of the provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever, suffered or incurred relating to the use of, or the inability to access or use the content or the website, any functionality thereof or any linked website, even if the provider is expressly advised thereof.
14. Choice of Law
This website is controlled, operated and administered by the provider from its offices within the Republic of South Africa. Access to the website from territories or countries where the content or purchase of the products sold on the website is illegal, is prohibited. The user may not use this website in violation of South African export laws and regulations. If the user accesses this website from locations outside of South Africa, that user is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the user consents to the jurisdiction of the Port Elizabeth High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the provider and the user with regard to the use of the content and this website.
15. Contact Information
Shop UG52A Baywest Mall
+27(0)41 492 0376
+27(0)83 659 2432 (Sue)