Terms of Use Agreement
Welcome to James Bensen (South Africa)
Please review this agreement carefully.
Dated 31 January 2015
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ACCEPTANCE OF TERMS
Thank you for visiting www.jamesbensen.com (the “Website”). The Website is owned, operated and distributed by Sasman Trading (Pty) Ltd and its affiliates and goes by “James Bensen” or “we” or “us” or “our”. By accessing and using the Website and Services you agree that you are authorised to accept the terms set forth below (the “Terms of Use”) on behalf of yourself and that you are and will be bound by the Terms of Use. In these Terms of Use, we may refer to Sasman Trading (Pty) Ltd as “James Bensen,” “us,” or “we,” and “you” shall refer to you or whomever you represent. Any and all use of the Website and Services is subject to these Terms of Use. If you do not agree to be subject to these Terms of Use, do not use the Website. By continuing to use the Website, you agree to be bound by these Terms of Use.
SCOPE OF AGREEMENT
These Terms of Use cover your use of the Website and Services. By using the Website and its Services, you also consent and agree to the terms of the James Bensen Privacy Policy, and all other James Bensen legal policies applicable to you, available on the Website. Please note that because the Terms of Use is legally binding it is imperative that you understand them. Should you have any questions relating to any provisions within these Terms of Use it is your responsibility to email us at support@jamesbensen.com to obtain an explanation.
By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian.
Nothing in these Terms of Use is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation created in terms of the CPA.
CHANGES TO THE TERMS OF USE OR SERVICES
James Bensen reserves the right, at its sole discretion, to change, modify, update, add, or remove portions of the Terms of Use at any time, with or without notice to you. Please check these Terms of Use, available on the Website periodically for changes. Your continued use of the Services after the posting of any changes to the Terms of Use will signify your acceptance of those changes. A change to these Terms of Use will be marked by a change to the effective date (top of this page). James Bensen also reserves the right to assign any rights, licenses, or obligations arising out of or relating to these Terms of Use without restriction.
James Bensen also has the right to change or modify, upgrade, add to, or discontinue the Services or any portion or feature thereof at any time without notice.
REGISTRATION
You must register an Account to access and use the Services. If you are registering on behalf of a company, by registering you agree that you have the requisite authority to register on behalf of such company. The email address you provide during your registration will be the login for your James Bensen account. Each account must have a unique email address and you agree that you shall not attempt to create more than one account under the same email address.
You represent that any information you provide during registration or at any time thereafter is true, accurate and complete and that you will update all such information as necessary to maintain its truth, accuracy and completeness. Failure to do so shall constitute a breach of these Terms of Use. You shall be responsible for maintaining the confidentiality of your password, and will be solely liable for all actions taken via your account and under your password, whether or not made with your knowledge or authority. You further agree that any credit card information you provide during registration or at any time thereafter is valid and that you have authority to authorise payments from such credit card.
By registering, you agree that you will use the Website and Services only for the purposes advertised on the Website or in other marketing material published by James Bensen.
You and you only are responsible for keeping your Account and Account password safe and secure. Consequences resulting from a failure to keeping such information protected will be borne by yourself.
ELECTRONIC COMMUNICATIONS
James Bensen reserves the right to contact you from time to time for feedback about the Services and for service and support related issues. We reserve the right to contact you through e-mail, facsimiles, text or voice messages, or notices posted on the Website. Notices will be deemed effective at the time they are sent by James Bensen or as of date they are posted, regardless of whether you actually read any such notices.
You may opt-out of receiving notifications regarding services by emailing us on support@jamesbensen.com. Opting-out of such notifications will limit the effectiveness of the Services. You may not opt-out of receiving notifications relating to support of the Services or other notices as required by law.
You consent that any emails, surveys, other information or feedback you provide to James Bensen through the Services or via any other medium, except for Personally Identifiable Information (PII), as defined in the James Bensen Privacy Policy, can be used by James Bensen or related parties in any manner, including but not limited to testimonials, reviews and ratings on James Bensen or third party websites.
INTELLECTUAL PROPERTY
We grant you a license to use the Services in accordance with these Terms of Use. You agree not to use, copy, modify, reformat, rent, lease, lend, frame, create derivative works, publicly display, download, store, reproduce, transmit, provide links to, republish, upload, post, reprocess, make commercial use of, or distribute the Services. We reserve all rights not expressly granted in these Terms of Use.
We retain all rights in and to, including without limitation, the copyrights, patents, and trade secrets, trademarks or service marks contained in or relating to the Services (collectively the “James Bensen Intellectual Property”) that are the exclusive property of James Bensen and/or its licensors. We do not transfer any rights in or to the James Bensen Intellectual Property to you.
Content of the Services that incorporates or includes any of the James Bensen Intellectual Property may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of James Bensen or the rightful owner, as applicable.
OWNERSHIP AND COPYRIGHT
The contents of the Website, including any material, information, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs, virtual try-on software, pupillary distance (PD) measurement software 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 James Bensen.
You will not acquire any right, title or interest in or to the Website or the Website Content. Any use, distribution or reproduction of the Website Content is prohibited.
CONFIDENTIAL INFORMATION
Confidential Information is any oral, written, graphic or machine-readable information disclosed by James Bensen that is designated in writing to be confidential or proprietary or is otherwise reasonably understood to be confidential. Confidential Information shall include, but not be limited to, any and all data regarding the performance of any functionality of the Services. You agree to not disclose or use any Confidential Information without the prior written consent of James Bensen, and to maintain the confidentiality of the Confidential Information.
PRODUCT INFORMATION AND SUPPLY
James Bensen is a business in the eyewear and accessory industry. The images and descriptions for our products are provided as accurately as possible on our Website, however we do not warrant that such images and descriptions are accurate. The images and descriptions have been provided solely for informational purposes. Since photos often differ from the actual products, we do not guarantee that any image shows the true colour or portrays the full design or characteristics for that product. You acknowledge and accept that there may be some variations to the description or specification of the products.
We will make reasonable efforts to maintain availability of our products; however we cannot guarantee the availability of our products. Where a product is not available, we will inform you and you will have the option to receive a replacement product or cancel your order.
Payment:
If you place an order with us, you agree to promptly pay the fees associated with the products you order. Payment can be made via the Website by credit card, Visa or Mastercard. We may require additional information in order to verify the validity of payment. In such cases we reserve the right to withhold delivery until such time as this additional information is required.
Card transactions will be acquired for James Bensen 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.
Customer details will be stored by James Bensen 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.
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is
South African Rand (ZAR).
James Bensen 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.
Delivery:
Delivery for Orders
James Bensen offers delivery to any physical address within South Africa.
Delivery Times:
Major Cities: 5 to 8 working days (only within South Africa).
Remote/Outlying areas: 8 to 14 working days (only within South Africa).
Should you wish to expedite your glasses delivery please email support@jamesbensen.com. This can be arranged at an additional fee.
Return Policy
Please review our return policy here.
We have a 14 day, no questions asked return policy for all of our eyewear. Return items must be returned in original packaging and original condition. To arrange a return please email support@jamesbensen.com.
This return policy forms part of the Terms and Conditions. We reserve the right to revise our return policy, effective immediately, without any warning or notice and reserve the right to reject any returns for any reason whatsoever, including abuse of the policy, malicious intent or non-compliance with our policies, including the Terms and Conditions.
Warranty Policy
Please review our warranty policy here.
All our eyewear comes with a one year warranty. This warranty covers your frames for any manufacturing defects. Manufacturing defects is defined as any problem that arises during production of the frame (i.e. when it is made) and not through misuse or mishandling of the frame. To arrange a warranty claim please email support@jamesbensen.com
This warranty policy forms part of the Terms and Conditions. We reserve the right to revise our warranty policy, effective immediately, without any warning or notice and reserve the right to reject any returns for any reason whatsoever, including abuse of the policy, malicious intent or non-compliance with our policies, including the Terms and Conditions.
LINKS TO THIRD PARTY SITES
You may encounter hypertext links to websites operated by parties other than James Bensen during your use of the Services and on the Website. James Bensen does not control such websites and is not responsible for nor can guarantee the content of such Websites. Unless otherwise explicitly stated, the inclusion of any hypertext links to such websites in the Services or on the James Bensen Website does not imply any endorsement by James Bensen of the material on such website or any association with their operators.
WARRANTY DISCLAIMER (Caps are legally required)
The Services are provided “AS IS,” “WITH ALL FAULTS,” and “AS AVAILABLE”. YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. James Bensen does not guarantee that users will be able to access the Services at all times or places, that James Bensen will have adequate capacity for all users, OR THAT THE SERVICES WILL BE OPERABLE with your equipment. TO THE FULLEST EXTENT PERMITTED BY LAW, JAMES BENSEN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, including implied warranties of merchantability, suitability, quality, accuracy, fitness for particular purposes and non-infringement. JAMES BENSEN MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICES. JAMES BENSEN DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES PROVIDED, ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY LINKED WEB SITE OR FEATURED IN ANY ADVERTISING, AND JAMES BENSEN WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY.
The Services are offered by James Bensen from South Africa. James Bensen makes no representations that the Services are appropriate or available for use in other countries. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
LIMITATION OF LIABILITY (Caps are legally required)
IN NO EVENT SHALL JAMES BENSEN, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF SERVICES CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF THE SERVICES, (III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES OR INTEROPERABILITY PROBLEMS, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT, (VII) USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, (VIII) YOUR USE, OR INABILITY TO USE, ANY PORTION OF THE SERVICES OR FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING YOUR DATA) INCURRED AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
ERRORS
We shall take all reasonable effort to accurately reflect the products, purchase price and delivery charges. In the event of any error on the Website of whatever nature (which are not due to our gross negligence) we shall not be liable to make good on a transaction based on any error apart from providing you with a full refund.
AVAILABILITY
We will endeavours to maintain the availability of the Website except during scheduled maintenance periods. We reserve the right to discontinue providing the Website or any part thereof with or without notice to you.
TERMINATION
Without notice or reason we reserve the right to terminate your license to use this Website or block or prevent you access to the Services. Once terminated, your obligations under this Terms of Use agreement will still continue.
INDEMNITY
By accepting these Terms of Use you agree to defend, indemnify and hold James Bensen, its officers, directors, members, employees, agents, licensors, and suppliers harmless from and against any claims, damages, actions, losses and liabilities including without limitation: loss of profits, income, direct, indirect, incidental, special, consequential or punitive damages and any reasonable legal and/or accounting fees, resulting from, (i) the access to, use of, or browsing of this Website, (ii) downloading of any materials, data, text, images, video or audio from this Website,(iii) the provision of any service to the user, and/or (IV) viruses, bugs, software/program malfunctions, errors, failures, delays in computer transmissions or network connections.
GOVERNING LAW
The site is controlled and operated from the Republic of South Africa and therefore governed by South African law. This agreement and its termination shall accordingly be governed by and construed in accordance with the laws of the Republic of South Africa. Both James Bensen and the user agree that all legal action based on any claim arising under or out of this agreement must be determined in accordance with South African Law and filed and prosecuted in a court of competent jurisdiction located in Cape Town, Republic of South Africa and each of them hereby consents and irrevocably submits to the jurisdiction of such court in respect of all legal action or proceedings arising out of or in connection with this agreement, its implementation, interpretation and/or termination.
SEVERABILITY
If for whatever reason any of the terms within this Term of Use agreement is invalid, void or unenforceable then that specific term will be deemed severable. No other terms will be affected.
ENTIRE AGREEMENT
This Term of Use agreement constitutes the entire agreement between you and James Bensen and supersedes all prior communications and proposals in whatever form or nature with respect to these Services.
NOTICES
We select James Bensen, Esplanade Road, 4th Floor, Knightsbrige Towers 403, Century City, Cape Town, 7441, as our address for all formal notices and support@jamesbensen.com as our formal email address. If you require any additional information please contact us on 021 528 0051. Notices must be sent by prepaid registered post and email. All notices sent:
– by prepaid registered post will be deemed to have been received 10 days after the date of posting
– by email will be deemed to have been received on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.
