Terms & Conditions

We are The Four Bears, this is our website available at www.thefourbears.co.za and these are our legal terms:

TERMS OF USE

• You agree to our Terms of Use by visiting this website.

• Licence. We grant you a limited licence to use this website.

• Breach. We may cancel your licence if you breach any of these terms.

• Framing. You may not frame this website.

• Capacity. You agree to the terms on the basis that you have the capacity to visit this website.

• Accurate information. You promise that you will give this website only accurate information.

• Ownership. We or our third party licensors own all rights in this website.

• Trade marks. All our trade marks are our property and you may not use them without our permission. All other trade marks are their respective owners' property.

• Restrictions. You may not change, hire out, reverse engineer, or copy this website without our permission.

• Own risk. You use this website at your own risk and we make no warranties about it.

• Indemnity. You indemnify us against any liability related to your use of this website.

• Direct damages limited. Our maximum liability to you for all claims for direct damages related to this website is R100.

• Indirect damages. We will never be responsible for any indirect damages.

TERMS OF SALES

• You agree to the terms of sale by checking a check box when you place an order through this website.

• Introduction.These terms cover any transactions where we provide goods to you through this website.

• The parties. We are the vendor under these terms. You are the customer underthese terms.

• Duration. These terms commence when you accept them and continue until terminated.

• Orders. You place orders with us on the following basis:

  • you promise that you have the legal capacity to enter into the transaction;

  • we only conclude an agreement when we dispatch our goods to you;

  • we may cancel anyorder, but we will refund any money you have paid if we do;

  • we conclude an agreement where you are domiciled; and

  • each order is a separate agreement, but you breach all of them if you breach one.

• Goods. We sell the goods to you on the following basis:

  • you will bear the cost and we will choose the way of packaging and delivering the goods unless agreed otherwise;

  • we will do our best to dispatch the goods as soon as possible after you have placed an order, but we are not liable and you may not cancel an order if we do not do so timeously;

  • risks related to the goods pass to you on delivery;

  • ownership in the goods passes to you on payment of the fees in full; and

  • you have the same rights against us as we have against our suppliers in terms of any warranty attached to the goods or imposed by law.

• Your data. You own all your data. When you enter your data into the system, you give us a licence to use it to provide the goods. We are not responsible for any of your data stored on our system.

• Intellectual property. We may own intellectual property rights in our goods and you may not use those rights without our permission. We may prosecute you for any violations of our proprietary rights.

• Disclaimer. We disclaim all warranties to the extent allowed by applicable law. We are not liable for any defect that you cause.

• Fees and payment. You will pay us the fees on the due date. You may not withhold payment of any amount due to us for any reason.

• Direct damages limited. We are only liable to you for any direct damages that the goods may cause up to the total amount of fees that you have paid us for them.

• Indirect damages excluded. We are not liable for anyother losses that they may cause you.

• Breach. Please don't breach your obligations under this agreement. If you do, we have certain rights against you in terms of the law.

• Termination. We may need to terminate this agreement immediately under certain unlikely circumstances, including if we discontinue the goods, believe providing the goods could burden or pose a risk to us, have to terminate to comply with a law, or providing the goods has become impractical. If we need to, we will give you as much notice as possible in writing.

• Resolving disputes. We want to avoid disputes about this agreement and resolve them as quickly as possible. But if there is one, either party may inform the other of it in writing. The parties must first try to negotiate to end the dispute, then enter into mediation if negotiation fails, and finally go to arbitration if mediation fails.

• Notices and domicile. We want to communicate with you effectively about this agreement. For this reason, the parties will send all notices to each others' email addresses and choose their respective street addresses as their service addresses for all legal documents, but they may change either address on 14 calendar days written notice to the other.

• Force majeure. Things may happen that prevent you or us from complying with each of our obligations under this agreement. Neither party is responsible for breach of this agreement caused by circumstances beyond its control, but the other party may cancel the agreement on written notice to the other if the circumstances persist for more than 60 calendar days.

• Entire agreement. The agreement is the entire agreement between the parties on the subject.

• Changes. If we change this agreement by updating this web page, any changes will only apply to future orders.

• Governing law. South African law governs this agreement.

• Jurisdiction. You consent to the jurisdiction of the Magistrate's Court.

PAYMENT OPTIONS

• Credit or Debit Card (on our website)

• Electronic Funds Transfer (EFT)

International bank charges are for your own account and The Four Bears is not liable for bank charges incurred for international bank transfers. 

Please be advised that until payment is received, the stock remains strictly subject to availability. All pricing is subject to fluctuation without prior notification owing to annual price increases and currency fluctuations.

Orders placed after hours, on weekends or public holidays will be processed the following business day.  Payments made after 1 pm will also be allocated to the following working day.

If you have any issues with payment, please email us at: thefourbearscompany@gmail.com 

SPECIAL OFFERS

Orders for large volumes or items not currently in stock can possibly be arranged in our next shipment – please note that there will be waiting times for such orders.

DISCOUNT COUPONS

We do from time to time offer discount codes. Discount codes will only be available for the time offered and The Four Bears reserves the right to change or cancel discount codes without prior knowledge.

Discount codes cannot be used in conjunction with other discount codes (unless otherwise stated). Stacking of discount codes will lead to orders being cancelled.

DEFECTIVE OR INCORRECT ITEMS

If your product is defective, or you received the incorrect product, you may return it to The Four Bears within 7 working days of delivery. In the case of defective or incorrect product, exchanges or replacements are the responsibility of The Four Bears and the relevant supplier.  Please notify us of the defective or incorrect product within 48 hours of receipt of the product including photos – after which, The Four Bears has the right to decline the return.  The defective product may be repaired or replaced, or you will receive a refund.  The Four Bears will pay for the courier fees of the items.

CANCELLATION OF ORDERS / RETURNS

You may cancel your order by contacting thefourbearscompany@gmail.com :

Before dispatch:  Customers may cancel an order before it has been dispatched, and a 15% handling fee may be imposed if an order is cancelled before it has been dispatched.

After dispatch:  Cancellations requested after the order has been dispatched will be treated as a return. From the date of delivery, you have 7 working days to return items in your order for exchange or refund.  A 15% handling fee may be imposed at The Four Bear’s discretion. After this 7-working day period, The Four Bears reserves the right to refuse a return or exchange.  Once an order has been dispatched, the delivery charge will not be refunded and collection charges will be for your own account.

Products will not be eligible for return if they have been partially or entirely disassembled, physically altered, permanently installed, affixed, attached, joined or added to, blended or combined with, or embedded within, other goods or property.

Products removed from and returned without packaging will not be refunded as they are rendered as unsuitable for re-sale.

Please note that items arriving after the 14-working day return deadline may not be accepted and can be returned to sender.

Courier costs incurred to return a product to The Four Bears is the responsibility of the customer.

SALE ITEMS

Items on promotion, clearance or end-of-range are not eligible for return or exchange, therefore no refunds will be processed for these products unless the product is damaged/faulty. 

REFUNDS

As a rule, refunds are offered via EFT payment and take up to 7 working days to process. Once processed, EFT refunds will take 2-3 working days to reflect in your account.

DISRUPTION OF SERVICES:

While the Four Bears will strive to be online continuously, our website functionality might be disrupted from time.

PRIVACY POLICY - POPI

Your privacy is important to us and we are committed to taking all reasonable steps to protect the personal information of visitors of our website.  Therefore we want to inform you that this business is compliant with the POPI Act. Please also take note of the following:

• Purpose. This policy describes the way we handle your personal information.

• Personal information. Personal information includes information we collect:

  1. on submission when you place an order; and

  2. automatically when you visit this website.

• Acceptance. You may not order any of our goods if you do not accept this policy.

• Collected on submission. We collect your contact details and delivery address when you place an order.

• Collected automatically. We collect your Internet usage information when you visit this website.

• Purpose for collection. We may use any of your personal information that you provide to us for the purposes that you indicated when you agreed to provide it to us.

• Consent to collection. We will get your consent to collect your personal information in accordance with applicable law when you provide us with it.

• Use. We may use your personal information to fulfil our obligations to you.

• Sharing. We may share your personal information with third parties for the purposes of fulfilling our obligations to you.

• Disclosure. We may disclose personal information to third parties if required for legal reasons.

• Security. Our website is hosted on a secure server and uses security measures to prevent interference by intruders.

• Retention. We will only retain your personal information for as long as is necessary.

• Transfer. We may transfer your personal information outside South Africa to a foreign country.

• Updating or removing. You may choose to update or remove the personal information you have submitted to us by contacting us.

• You agree to our privacy policy by checking a checkbox when you submit your personal information through this website and apply when you visit this website.

CHANGES TO THESE TERMS AND CONDITIONS

The Four Bears reserves the right to revise these terms from time to time. You will be required to accept the T’s & C’s every time you transact on our website.

GOVERNING LAW AND JURISDICTION.

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.

In the event of any dispute arising between you and The Four Bears, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

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.

We may change any of these terms at any time by updating this web page. If you have any questions about our legal terms, please contact us.