TERMS AND CONDITIONS

Welcome to Elle TENS, South Africa – viewed as elletens.co.za. These terms and conditions govern your use of our website and any other agreement or legal relationship with B&B Activities (PTY) Ltd in South Africa. By accessing or using our website, you agree to be bound by these terms and conditions. If you do not agree with any part of these terms, you may not use our website.

TERMS OF USE

Unless otherwise specified, the conditions of the use this Site are applied generally to all users. Further conditions of use or access applicable situations, are expressly indicated in this document.

You agree to use our website for lawful purposes only and in a manner consistent with all applicable laws and regulations. You may not use our website in any way that could damage, disable, overburden, or impair the website or interfere with any other party’s use and enjoyment of the website.

USER ACCOUNTS

You may be required to create an account to access certain features of our website. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account.

The content of this site is reserved for Consumers resident in South Africa and Neighbouring States including:  Lesotho, Swaziland, Mozambique, Seychelles, Mauritius, Madagascar, Zimbabwe, Botswana and Namibia.

Account Closure, Cancellation and Suspension

A consumer may request to close their account at any time by email. B&B Activities reserves the right to suspend or cancel a customer’s account at any time at its discretion and without notice, if it deems it inappropriate, offensive, or contrary to the Terms of Use.

The suspension or cancellation of the account does not give the Customer any right to compensation, reimbursement, or compensation. The suspension or cancellation of an account for reasons attributable to the Customer does not exempt the Customer from paying any applicable fees or prices.

SITE CONTENT

All content available on this Site including text, images, and trademarks is the property of B&B Activities (PTY) Ltd with approval from Body Clock. You may not use, reproduce, download, or distribute any content from our website without our prior written consent. Where permission is granted to customers, they may share content for personal and non-commercial purposes only attributing authorship to the Owners.

The Owner takes the utmost care to ensure that the content available on this Site does not violate applicable legislation or third-party rights. However, it is not always possible to achieve this result. In such cases, without any prejudice to legally exercisable rights and claims, Customers are asked to address the relevant complaints to the contact details specified in this document.

ORDERING AND PURCHASING

All purchases made through our website are subject to availability. We reserve the right to refuse or cancel any order for any reason at any time. Prices of our products are subject to change without notice.

Purchasing Procedure

Each phase, from choosing the product to placing the order, is part of the purchasing procedure.

The purchase procedure includes the following steps:

• Customers are offered to select the desired Product, Bundle of products or Promotional offer.

• Customers complete the Order form and Submit it to B and B Activities (PTY) Ltd. (B&B)

• B&B confirm the order with a Quote and Payment link for the customer to complete payment.

• The order payment concludes the order process, and the customer receives confirmation of the order via email correspondence. The payment process is covered in more detail below (link)

PAYMENT PROCEDURE

The payment process includes gathering Personal details required reference purposes. The Customer completes the YOCO Payment details by supplying:

• Order reference number

• First Name, Last Name 

• Email address

This information appears on the Yoco Payment Page. 

Thereafter the Customer is directed to the Yoco payment gateway. 

All payments are managed independently by third-party services. Therefore, B&B does not collect payment data – such as credit card numbers – but receives a notification once the payment is successful.

If the payment made by one of the available means fails or is rejected by the payment service provider, the Owner is not obliged to execute the order. Any costs or commissions resulting from failed or refused payment are the responsibility of the Customer.

The payment amount charge is made up of price of the product, the delivery charge (if applicable) and VAT. The Total amount due will appear on the invoice which B&B supplies.

Order dispatch

The order is dispatched upon the successful receipt of the order payment. The dispatch process:

• The delivery of the order to the Customer concludes the contract of sale.

• All notifications relating to the purchase procedure described above will be sent to the email address provided by the Customer for this purpose.

• The order is packaged and sent via the best-suited courier service to the Customer’s area as identified by B&B Activities.

ORDER DELIVERY

Deliveries are made to the address indicated by the Customer and in the manner indicated in the order summary.  Upon delivery, Customers must check the contents of the package and promptly report any anomalies to the contact details given in this document or as described in the delivery note. 

Customers may refuse to accept the package if visibly damaged.

Delivery may take place in the countries or territories specified in the relevant section of this Site.

Delivery times are indicated on this Site or during the purchase procedure.

DELIVERY FAILURE

The Owner is not liable in any way for any delivery errors resulting from inaccuracies or omissions committed by the Customer in completing the purchase order, nor for any damage or delays occurring after delivery to the courier if the latter has been appointed by the Customer.

If the goods are not delivered or collected at the time or within the established deadline, they will be returned to the Owner, who will contact the Customer to schedule a second delivery attempt or agree on further measures. Unless otherwise specified, any delivery attempt starting from the second will be the responsibility of the Customer.

PRODUCT DESCRIPTION

Prices, descriptions, and availability of the Products are specified in the respective sections of this Site and are subject to change without notice. Although the Products on this Site are presented with the greatest accuracy technically possible, the representation on this Site by any means (including graphic materials, images, colours, sounds) is intended as a reference only and does not imply any guarantee regarding the characteristics of the Product purchased. The characteristics of the selected Product will be specified during the purchase procedure.

PRICES

During the purchase procedure and before placing the order, Customers are duly informed of all VAT and costs (including any shipping costs) that will be charged to them.

Prices on this site:

The VAT rate as applied in South Africa shows.

PROMOTIONS AND DISCOUNTS

B&B Activities may offer discounts or special promotions for the purchase of the Products. Such promotions or discounts are always subject to the requirements and terms and conditions set out in the relevant section of this Site. Promotions and offers are always granted at the sole discretion of B&B Activities (PTY) Ltd. Repeated or periodic promotions or discounts do not constitute any claim or right enforceable by Customers in the future.

Depending on the case, discounts and promotions are valid for a certain period or while stocks last. Unless otherwise specified, the time limitations of promotions and discounts are intended to refer to the time and territory of South Africa.

RETURNS AND REFUNDS

A customer has a right to a refund and return the products which they have purchased within fourteen (14) days of purchasing the product, for any reason and without justification. The Return and Refund are subject to certain conditions which are outlined below.

BUYERS REGRET

If the customer has decided not to complete the contract and requests to return the product for a refund within the timeframe allowed the following process is to be followed:

• Within fourteen (14) days of purchase on the site, the Customer must inform B&B Activities unequivocally of his intention to withdraw from the contract. A period longer than fourteen days, a refund or return will not be entertained.

• The Customer is free to express his intention through the contact channels provided or any other suitable form.

If the product has been dispatched and received by the Customer:

• Within the fourteen (14) day window, the Customer will – at their own cost – return the product to B&B Activities (PTY) Ltd, and within fourteen (14) days of receipt of that item having established that the product is in good order, B&B Activities will refund the Customer in full for the product, VAT and Delivery charges of the product.

• If the product is not received back in good order i.e. the product packaging is broken, the product has been tampered with, or the product has potentially been used, the transaction will be suspended until a resolution with the Customer has been agreed.

• If the product has not been dispatched within fourteen (14) days of receipt of the Customer’s cancellation, B&B Activities (PTY) Ltd will refund the customer in full for the product purchased.

DAMAGED PRODUCTS

If the customer inspects the product and determines that it is damaged or faulty the customer must:

If the damaged product is identified upon receipt and in presence of the delivery company

• Return the item to the delivery person and request a return to sender

• Inform B&B Activities through any channels provided on the site of the damaged goods

• Request a replacement or refund of the damaged goods

If the damaged product is identified after delivery of the product:

• Arrange for the return of the product to B&B Activities (PTY) Ltd at the customer’s cost.

• Inform B&B Activities through any channels provided on the site of the damaged goods.

• Request a replacement or refund of the damaged goods.

In both instances B&B Activities (PTY) Ltd will await the receipt of the product, inspect for damage of the product, confirm the findings to the customer and either:

• Arrange for a replacement product to be sent to the customer, or

• Refund the Customer for the product, the delivery and the amount matching the cost of the transport of the product back to B&B Activities (PTY) Ltd, where the customer paid for transport.

Unhappy with the Performance of the Product

If the customer within fourteen (14) days of purchase is unhappy with the product’s performance and requests a Refund and Return of the product, B&B Activities (PTY) Ltd will engage with the customer regarding return and refund of any un-used products.

Unfortunately, any used product will not be refunded and a return will not be accepted.

INTELLECTUAL PROPERTY

Without prejudice to any more specific provision contained in the Terms, the intellectual and industrial property rights, such as copyrights, trademarks, patents and models relating to this Site are held exclusively by Lagalen.com or in this case B&B Activities (PTY) Ltd and are protected pursuant to the legislation and international treaties applicable to intellectual property.

All trademarks – verbal or figurative – and any other distinctive sign, company, service mark, illustration, image or logo that appear in connection with this Site are and remain the exclusive property of the Owner or its licensors and are protected pursuant to legislation and international treaties applicable to intellectual property.

PRIVACY POLICY

Please review our Privacy Policy to understand how we collect, use, and protect your personal information.

LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, under no circumstances will the Owner and its subordinates, affiliates, agents, partners, suppliers, and employees be held liable for

• any indirect, intentional, collateral, special, consequential, or exemplary damages, including, but not limited to, damages resulting from loss of profits, goodwill, use, data, or other intangible losses, arising out of, or relating to the use, or inability to use the Service; And

• any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Service or your account or the information contained therein.

• any errors, omissions, or inaccuracies in the contents.

• personal injury or property damage, of any nature, resulting from Customer’s access to or use of the Service.

• any unauthorized access to the Owner’s security servers and/or to any personal information stored therein.

• any interruption or cessation of transmissions to or from the Service.

• any bugs, viruses, Trojan horses, or the like that may be transmitted to or through the Service.

• any errors or omissions in any content or for any loss or damage incurred because of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or

• the defamatory, offensive, or illegal conduct of any Customer or third party. In no event shall the Owner and its subordinates, affiliates, officers, agents, co-owners of the brand, partners, suppliers and employees be held liable for any claim, proceeding, liability, obligation, damage, loss or cost in an amount exceeding that paid by the Customer to the Owner during the previous 12 months, or for the duration of this Agreement between the Owner and the Customer, whichever is shorter.

This limitation of liability section applies to the fullest extent permitted by law in South Africa, regardless of whether the alleged liability arises in contract, tort, negligence, strict liability or any other basis, even if the Owner or B&B Activities (PTY) Ltd has been advised of the possibility of such damage occurring.  

CHANGES TO TERMS AND CONDITIONS

We reserve the right to modify these terms and conditions at any time. Changes will be effective immediately upon posting to our website. Your continued use of our website after the posting of changes constitutes your acceptance of such changes.

CONTACT INFORMATION

If you have any questions or concerns about these terms and conditions, please contact us at orders@bandb.africa.