Terms & Conditions

Introduction

www.bena.co.za ("the site") enables buyers to shop for garments online. All visitors to the site ("users" or "you") will be able to see and buy the garments on offer.

Legally Binding Contract
All users and account holders, including those that buy from the site ("buyers") are bound by these terms and conditions ("Ts & Cs"). By registering, or using the site at all, you recognise that you've read and accepted these terms and conditions.
With Whom are You Entering Into a Contract? The site is owned and run by BENA.

Products and Availability
Please note that the stock of all items on offer is limited. BENA will make all reasonable attempts to ensure that special offers are brought to an end when stock runs out. If it happens that BENA is unable to fulfill any order at the advertised price because stock is sold out, BENA will let you know and you'll be entitled to a reimbursement for the rand value you have paid for such product.

Buying Products
The site allows you, the user, to place electronic orders ("order") for one or more products on offer as long as such products are available and not sold out. A purchasing contract ("sale") between you and BENA only comes into effect once you have fully completed AND submitted the online order form for one or more products in your basket ("shopping cart") AND your payment has been authorised by BENA (or has been received into BENA's bank account). The above is dependent on the product being available. Products on BENA cannot be reserved to be bought at a later stage, and placing an item in your basket without completing the order does not amount to a sale or an order. This means that BENA may remove any item from your basket before the sale actually takes place in the event of the product going out of stock. BENA cannot be held responsible if an order has become unavailable by the time you try to complete a purchase at a later stage. A copy of this invoice will be included in your parcel.

Cancelling and Ending Orders

BENA reserves the right to refuse processing of payment for any order and/or to cancel any purchase, partially or completely, with notice given to you. BENA will be liable for reimbursing you the rand value paid only if you have already paid for the cancelled order. You have the right to return item(s) purchased (see BENA's Delivery and Returns Policy for more information).

Fraud

BENA reserves the right, in the interest of preventing fraud, to refuse the processing of payment for any order and/or to cancel any purchase, partially or completely.
BENA may request documentation to complete the necessary fraud checks and cancel any order where the necessary documentation is not provided in a timely manner.
In the event of a fraudulent purchase being placed on BENA, cardholders will be advised to initiate a chargeback via their bank in order to be refunded. BENA does not process refunds for orders suspected of fraud.
BENA does not provide order details relating to orders suspected of fraud.
The price of each product is given in the product information. In case of a sale or special offer, the discount price is shown. In the case of a sale, two prices are indicated, cost of garment alongside each garment, and shipping charge upon checkout as follows:   
Delivery fees: BENA charges for door to door delivery in South Africa. BENA aims to deliver within 4 working days. Door to door deliveries are sent to a street address. BENA does not do PO Box deliveries.
Errors:  BENA makes every reasonable attempt to display purchase prices and delivery costs accurately. If, however, the product is offered at an erroneous price (or an incorrect delivery cost is displayed), BENA will not be obliged to supply products at the incorrect price/delivery fee. BENA will only be liable to return payment already made by you in the case you choose to cancel the sale once you have been made aware of the correct price/delivery fee.

Paying by Credit Card

We accept payments made by Visa and MasterCard credit and debit cards, SnapScan as well as EFT. When you place an order, the transaction details are presented to the bank for authorisation of the payment amount. If authorisation is not obtained, the order is cancelled. If authorisation is obtained, payment is usually immediate. You guarantee that you are fully authorised to use the credit card for payment of your order and that there are sufficient funds in this credit card account to cover the costs of any transactions you complete on BENA.

Paying by EFT
In the EFT process, be sure to use your order number as payment references. Note you have 24 hours to pay once you've placed an order. We'll start processing the order once you forward your proof of payment to us.

Delivery

Place of delivery:  BENA delivers within business hours within the Republic of South Africa. As a buyer, you indicate where in South Africa you require delivery, as well as contact numbers to be used in connection with delivery. Your parcel will be delivered to the address you specify in the checkout process (shipping address). In the case of door-to-door delivery, if nobody is present at the address at the time of delivery, our courier will use the mobile phone number you provided in your order and/or leave a note (in the letterbox if a residential address) to indicate that there was an attempted delivery. The courier will try once more, and if at that time there is still no one to sign for the parcel, it will be your responsibility to send an email to info@bena.co.za to arrange delivery. If you don't contact the BENA within 5 working days of the courier attempting the second delivery, the courier will return the parcel to BENA, and we will contact you via email to discuss potential redelivery at your own cost. If this attempt does not succeed within a reasonable amount of time, BENA will simply reimburse you.   
Delivery time and delays: Unless we inform you otherwise, before you place your order and before the final confirmation, the estimated maximum delivery time for an order in South Africa is 4 working days. Deliveries are made to street addresses (no deliveries to PO Box addresses). All BENA deliveries take place during business hours i.e. there are no deliveries over weekends or on public holidays. Please take this into consideration when selecting your delivery address.   
Delivery completed:  A delivery is considered complete as soon as the parcel is handed to an individual at your specified delivery address. This also applies when the package has been handed over by the courier, as indicated in the courier's tracking system. It is your responsibility, as buyer, to ensure that you or the intended receiver of the gift (when applicable) inspect(s) the parcel on arrival and makes known any justifiable complaints. The receiver has the right to refuse the parcel if it appears to have been opened or if it has clearly been damaged. Such complaints and claims must be brought to the attention of BENA by emailing info@bena.co.za (Monday to Friday, 07:00 to 18:00 and Saturdays, 09:00 to 13:00).   
Lost parcels:  If the tracking system doesn’t provide any indication where the parcel is, you need to contact us on info@bena.co.za.  If the parcel is found, it will be sent to the specified delivery address by the usual procedure, as set out in the delivery clause. If the parcel is declared lost, BENA will notify the buyer and reimburse the buyer for the lost parcel (to the amount of the product purchase price and any relevant delivery fee).

Returns and Reimbursement

If you are dissatisfied with your purchase due to a defect, incorrect product choice or other reason, you may return it to BENA within 14 days of delivery. We will however need you to return the item to us via registered mail before we can arrange for a credit. Once we receive the item, we'll email you your credit note. This credit note will however not include your original shipping cost. If the problem was caused by reasons other than material quality, assembly process, incorrect usage or care of the product (not following the prescribed wash care instructions) the original product will be returned to you. See more under DELIVERY and RETURNS & EXCHANGES.

Defective Products

General warranty: If, within 1 month after delivery of a product to you find that the product is defective/faulty, unsuitable for the purpose generally intended (or otherwise expressly indicated by BENA at time of purchase), or not legal or reasonably durable; you can arrange to return such product to BENA for inspection in accordance with the returns procedure above, and the product is subsequently found to indeed be defective, you are entitled to either
(a) be fully refunded, or
(b) have the product repaired or replaced at BENA expense.
The decision between repairing or replacing is that of BENA depending on availability and other relevant circumstances, and in this regard you acknowledge that Sale/ On Special products will usually only be able to be repaired.
If the product is found NOT to be defective, you will NOT be entitled to any repair, replacement or refund but will instead be liable for the costs incurred in having such product returned to BENA and then redelivered to you.
When is a product defective? Please note: the following are examples of things which will NOT be regarded as defects and will NOT entitle you to any repair, replacement or refund under the general warranty above: faults resulting from normal wear and tear; damage arising from incorrect usage or care of the product (not following the prescribed wash care instructions).

Discount Vouchers and Coupons

BENA may release printed or digital discount vouchers/coupons [hereafter referred to as vouchers] from time to time. Such vouchers may be available through the website and/or from third-party websites, in magazines and other media.   
General Vouchers can be used for discounts on the site only as long as the voucher is valid. Given expiry dates cannot be moved.
Promotional vouchers:  Promotional vouchers are issued at BENA's discretion. Users don't have the right to promotional vouchers and cannot earn them. Promotional vouchers are issued with specific terms and conditions that regulate how and when they can be used. In general, unless otherwise specified on the voucher itself, a voucher is only valid for 30 days from date of issue. A voucher can only be used against a purchase on the site when the purchase meets the terms and conditions as specified on the voucher.  
A voucher can only be used once and only one voucher can be used per shopping basket. Vouchers are not transferrable and cannot be exchanged for cash. The discount value of the voucher will be deducted from the total amount in your shopping cart. The remaining balance if any must be paid by you.   
Returning an item bought with a voucher: If you have redeemed a voucher or discount voucher against a purchase, and you'd like to return all items purchased, BENA will not refund you or credit your account with the rand value of the purchase but re-issue the voucher or discount voucher, with the same associated terms and conditions.

Applicable Laws

This site is offered, controlled and run from the Republic of South Africa. As such it is governed by South African legislation, and subject to the disputes clause in these Ts & Cs. You and BENA are subject to the non-exclusive jurisdiction of the South African courts. Each and every section of these terms and conditions must be read as individual and separable from the rest of the terms and conditions. Should any court or qualified authority find that any of the terms are invalid or unenforceable, the remainder of the terms and conditions will remain standing, despite invalidity or unenforceability of an individual term.

Privacy

BENA has to take all reasonable steps to protect your personal information.
BENA is authorised to gather, store and use the following of your information:

Name and surname
Date of birth
Sex
Citizenship
Nearest city
Non-personal click patterns
Email address
IP address
ID or passport number

BENA is entitled to gather, store and use the above information for the following purposes:

To greet you when you access the site;
To inform you (if you have agreed to this) of facts regarding your access and use of the site;
To inform you (if you have agreed to this) of competitions and promotions offered by BENA or its partners;
To set up non-personal statistics about internet habits, click patterns and access to the site;
To verify your identity when you make a transaction through www.bena.co.za;
To ensure the products are received by the addressee.
The above information is either gathered electronically through the use of "cookies", or provided by you voluntarily. You can regulate the use of "cookies" independently with your personal search engine settings.
You can choose to not receive any information from BENA.
BENA is entitled to gather, store, compile and share any information gleaned from you, subject to the following conditions:
BENA may not make any of your personal details public unless you have agreed to it, or unless it is required for the purposes of any judicial process.
BENA may compile, use and share any information that has no bearing on any particular individual, and BENA owns and reserves the right to non-personal statistical information gathered and complied by BENA.
You acknowledge and agree that certain personal information (such as your full name, delivery address, email address and contact details) may be passed on to the courier company to ensure delivery of the products you have bought.
Changes to Terms and Conditions: BENA may, at its own discretion, change these terms and conditions or any part thereof. BENA will be unable to let you know of changes to these terms and conditions. It will be your own responsibility to visit the website to check whether the terms and conditions have changed, and to make sure you're satisfied with the changes. If you're dissatisfied with any changes, you should not use the site in any way.

Terms and Discontinuation: These terms and conditions take effect on the date of first publication of the website and continue indeterminately. They may be revised by BENA from time to time (as described above), for as long as the website continues to exist and be operated. BENA is entitled to terminate these terms and conditions or close down the website at any time, subject to processing any pending purchases. If you don't meet your obligations regarding these terms and conditions, including any incidents about payment and price or an order, and you neglect to rectify such non-adherence within 5 working days after BENA has instructed you to do so, your access to the service will be blocked. We have the right to close your account and deny you access to the site, depending on the severity of your actions. Such action on the part of BENA will not have any negative effect on any damages BENA may claim.