Terms And Conditions

Ben Alberts Company (Pty) Ltd
Terms & Conditions for use on website and other online

  1. Introduction

 

    1. These Terms and Conditions apply to visitors of the Ben Alberts Company (Pty) Ltd website or any other online or e-commerce based platform whereon Ben Alberts Company (Pty) Ltd make available their services and goods for purchase, as well as to customers who purchase services and goods through this website or any other online or e-commerce based platform whereon Ben Alberts Company (Pty) Ltd make available their services and goods for purchase.
    2. When purchasing services and goods from Ben Alberts Company (Pty) Ltd through this website or any other online or e-commerce based platform whereon Ben Alberts Company (Pty) Ltd make available their services and goods for purchase, Consumers agree to these Terms and Conditions and that Ben Alberts Company (Pty) Ltd may inforce its rights herein without any prior notice to them.
    3. By using the Ben Alberts Company (Pty) Ltd website or any other online or e-commerce based platform whereon Ben Alberts Company (Pty) Ltd make available their services and goods for purchase the Consumer acknowledge that they have read, and agree to be bound by these Terms and Conditions.
    4. These Terms and Conditions forms a binding agreement between Ben Alberts Company (Pty) Ltd and the Consumer.
  1. Ben Alberts Company (Pty) Ltd information

 

    1. The Electronic Communications and Transactions Act 25 of 2002 requires Ben Alberts Company (Pty) Ltd to disclose the following information:
      1. Name: Ben Alberts Company, a South African private company with registration no:
      2. Status: Ben Alberts Company (Pty) Ltd is an online provider of services and products. It offers coaching and mentoring services. Sessions are booked on the www.benalbertscompany.co.za website and sessions can be in person or via Skype. Services are provided within 24 hours of request and goods are provided as set out later in these terms and conditions.
      3. Director: Ben Alberts.

 

      1. Physical address:
        1. Plot 67, Sterkfontein Road, Protea Ridge, Krugersdorp, Gauteng, South Africa, 1740;
        2. S26°02’40.8”; E027°45’13.5”;
        3. Nearest address: R563, Protea Ridge, ZAF 17;
        4. Nearest Junction: N14 & Kromdraai Road (T3)
      1. Telephone number: +27 (0) 82784 1465 .
      2. Website: www.benalbertscompany.co.za
      3. Email: coaching@benalbertscompany.co.za;

 

  1. Consumers’ obligations

 

    1. A Consumer must be 18 years or older and permitted by law to enter into an agreement to be permitted to make use of the Ben Alberts Company (Pty) Ltd  website or any other online or e-commerce based platform whereon Ben Alberts Company (Pty) Ltd make available their services and goods for purchase.
    2. A Consumer undertakes to provide Ben Alberts Company (Pty) Ltd with accurate and correct information and that it will inform Ben Alberts Company (Pty) Ltd of any changes to such information.
    3. Consumers and other users of the Ben Alberts Company (Pty) Ltd website or any other online or e-commerce based platform whereon Ben Alberts Company (Pty) Ltd make available their services and goods for purchases undertake to only use such platforms for the purpose for which it was intended.
    4. Consumers and other users of the Ben Alberts Company (Pty) Ltd website or any other online or e-commerce based platform whereon Ben Alberts Company (Pty) Ltd make available their services and goods for purchases undertake not to make any breach of the integrity, source code, data, databases or information on such platforms.
    5. Consumers and other users of the Ben Alberts Company (Pty) Ltd website or any other online or e-commerce based platform whereon Ben Alberts Company (Pty) Ltd make available their services and goods for purchases acknowledge that Ben Alberts Company (Pty) (Ltd may take any reasonable steps to inforce and protect their rights herein.

 

  1. Services, goods and pricing

 

    1. All services and goods displayed on Ben Alberts Company (Pty) Ltd’s website are subject to availability.
    2. If any services or goods ordered by a Consumer are not immediately available or are not available at all, Ben Alberts Company (Pty) Ltd will let such Consumer know as soon as reasonably possible.
    3. Services and goods are internationally available for delivery.
    4. The stated prices on the Ben Alberts Company (Pty) Ltd website or any other online or e-commerce based platform whereon Ben Alberts Company (Pty) Ltd make available their products for purchase are in South African Rands (ZAR) and are only valid and effective in South Africa on the date of publication.
    5. Ben Alberts Company (Pty) Ltd has made every effort to accurately display the services and goods and information related thereto available on their website or any other online or e-commerce based platform whereon Ben Alberts Company (Pty) Ltd make available their services and goods for purchase, but cannot guarantee the complete accuracy of such information or representation of the services and goods due to device or other technical variables outside of their control. Ben Alberts Company (Pty) Ltd can therefore not guarantee that any services and goods received will be exactly as described or represented, within reasonability.
    6. Ben Alberts Company (Pty) Ltd will not accept any order if there has been a material error as to the price or description of the services or goods. Ben Alberts Company (Pty) Ltd will inform Consumers of such errors as soon as they become aware of them.
  1. Delivery

 

    1. Ben Alberts Company (Pty) Ltd will charge a delivery fee for every order placed for goods. This fee will be provided for each order separately.
    2. Standard delivery will take approximately 14 days from the date of order and will be dispatched within 1 week after the order has been placed.
    3. The delivery fee and time may be amended at any time subject to reasonable notice being given to the Consumer.
    4. Ben Alberts Company (Pty) Ltd will arrange for delivery of the goods to the Consumer’s provided delivery address.
    5. Ben Alberts Company (Pty) Ltd will deliver the specified services within 24 hours of request thereto.
    6. Deliveries are not done on weekends and public holidays.
    7. All deliveries and orders are subject to the availability of the goods ordered and the supply of accurate delivery address by the Consumer.
    8. If Ben Alberts Company (Pty) Ltd is unable to deliver the services and goods to a Consumer within the specified time, they will contact such a Consumer as soon as they become aware of any issues that will delay such delivery.
    9. For the delivery of goods the Consumer or an authorised representative must be available at the delivery address. If anyone other than the Consumer responsible for the transaction accepts delivery of the goods at the delivery address, such a person will be presumed to be authorised to accept the goods on the Consumer’s behalf.
    10. The delegated agent of Ben Alberts Company (Pty) Ltd may require the person accepting delivery of goods to produce identification.
    11. On delivery of goods the delegated agent of Ben Alberts Company (Pty) Ltd will require that the Consumer or an authorised representative sign for delivery of the goods. This is to confirm that the goods have been received.
    12. Ben Alberts Company (Pty) Ltd has outsourced all delivery and collection of its goods and will not be held liable for any damage or losses incurred arising out of any act or omission by the deliverer, its directors, employees, sub-contractors, agents or representatives.
    13. Ben Alberts Company (Pty) Ltd, with regards to the delivery of goods, will not be held liable for any breach or unlawful act by the deliverer, its directors, employees, sub-contractors, agents or representatives.
    14. Ben Alberts Company (Pty) Ltd will take no responsibility for any late of failed delivery of services and/or goods as a result of incorrect information being provided by the Consumer.
  1. Payment

 

    1. All transactions are handled by VLS Virtual Card Services, on behalf of Ben Alberts Company (Pty) Ltd.
    2. Consumers are required to adhere to these entities’ Terms and Conditions or similar agreements, in addition to Ben Alberts Company (Pty) Ltd.’s Terms and Conditions.
    3. Ben Alberts Company (Pty) Ltd takes no liability or responsibility for any payments made through VLS Virtual Card Services, and the Consumer must ensure that it complies with such entities’ requirements for payment.
    4. For VCS Virtual Card Services’ terms and conditions visit their website at http://website.vcs.co.za/
  1. Cancellations of services

 

    1. A Consumer may cancel any order for service before the service has been delivered within the period of 24 hours as stipulated in 5.5 above.
    2. Any cancelations must be made by informing Ben Alberts Company (Pty) Ltd in writing through the contact information available on the Ben Alberts Company (Pty) Ltd website.
  1. Returns of goods

 

    1. If a Consumer is unhappy with any purchase for any reason (other than for faulty or defective goods) and wish to return it, the Consumer may do so within 14 days of delivery of such goods.
    2. Returns must be delivered to Ben Alberts Company (Pty) Ltd at the address as per 2.1.4 above.
    3. The Consumer must inform Ben Alberts Company (Pty) Ltd in writing within 3 days of delivery of its intention to deliver any goods. Such notice must be done through the contact information available on the Ben Alberts Company (Pty) Ltd website.
    4. The goods must be in their original condition and packaging and the Consumer must have the invoice and the delivery note when making any returns.
    5. The Consumer will be responsible to complete any returns forms.
    6. Ben Alberts Company (Pty) Ltd undertakes to refund a Consumer in full for the returned goods, except for goods received as a gift. If goods was received as a gift.
  1. Faulty and defective services and  goods

 

    1. The Consumer confirms that he/she has done all the necessary research and has read all the terms on the website of Ben Alberts Company (Pty) Ltd with regards to the services provided by Ben Alberts Company (Pty) Ltd. The Consumer accepts and acknowledges that the outcome of the services provided by Ben Alberts Company (Pty) Ltd will be experience differently by individuals. The Consumer accepts on that basis that the services may be experience by the Consumer himself/herself of a level which may not be satisfactory to the consumer on an individual basis and the Consumer also accepts that such a lack of total satisfaction does not make the service defective and does not provide the right the Consumer to personally declare that the service provided was defective. Accordingly in the circumstances set out in this 9.1, the consumer accepts that he/she cannot insist on a refund if the delivered service was not satisfying enough on the subjective view of the Consumer.
    1. Should any goods delivered be faulty or defective, the Consumer may return them within 6 (six) months of the date of purchase, provided that the goods have been used for their intended purpose and maintained according to any instructions that accompanied such goods.
    2. Ben Alberts Company (Pty) Ltd will bear the return costs for any defective or faulty goods. The return costs for the return of goods other that faulty or defective goods will be borne by the Consumer.
    3. Ben Alberts Company (Pty) Ltd undertakes to repair or replace any faulty or defective goods, or refund the Consumer to the exact amount of what such goods were originally purchased.
    4. Ben Alberts Company (Pty) Ltd reserves the right to assess any returned goods.
    5. If Ben Alberts Company (Pty) Ltd finds that the Consumer has not adhered to the correct use maintenance instructions of any goods returned, Ben Alberts Company (Pty) Ltd will have the right to refuse the said refund and will hold the Consumer responsible for any reasonable costs incurred as a result of such.

 

  1. Risk and ownership
    1. Any risk in relation to any services and goods will pass to the Consumer upon receipt of such services or goods.

 

  1. Jurisdiction 
    1. These Terms and Conditions, the relationship between Ben Alberts Company (Pty) Ltd and the Consumer, or any dispute arising from or in connection with these Terms and Conditions or the use of the Ben Alberts Company (Pty) Ltd website or any other online or e-commerce based platform whereon Ben Alberts Company (Pty) Ltd make available their services products for purchase, shall be governed and interpreted in accordance with the laws of the Republic of South Africa.
    2. The Consumer’s continued use of the Ben Alberts Company (Pty) Ltd website or any other online or e-commerce based platform whereon Ben Alberts Company make available their services and goods for purchase will constitute its consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or other actions instituted by either party against the other.
    3. Nothing in this clause or the Terms and Conditions limit the Consumer’s right to approach any court, tribunal or forum of competent jurisdiction in terms of the Consumer Protection Act 25 of 2002.

 

  1. Disputes
    1. Any dispute arising from the use of this website or any other online or e-commerce based platform whereon Ben Alberts Company (Pty) Ltd make available their services and goods for purchase should be approached as follows:
      1. The Consumer must notify Ben Alberts Company (Pty) Ltd within 7 days after onset of the dispute, in writhing.
      2. If Ben Alberts Company (Pty) Ltd and the Consumer cannot resolve the issue directly within 30 days of Ben Alberts Company (Pty) Ltd being notified of the dispute, the dispute shall be referred to arbitration, which will be dealt with by an independent Arbitrator approved by Ben Alberts Company (Pty) Ltd and the Consumer.
      3. If Ben Alberts Company (Pty) Ltd and the Consumer cannot agree on an Arbitrator, arbitration will be referred to the Arbitration Foundation of South Africa (AFSA).
      4. The outcome of the arbitration shall be deemed final and binding on Ben Alberts Company (Pty) Ltd and the Consumer.
      5. If Ben Alberts Company (Pty) Ltd and the Consumer can agree, in writing, to refer any dispute to mediation before arbitration takes place. Mediation will be dealt with by a representative of Stegmanns Incorporated, and any suggestions by the Mediator shall be deemed to be binding and final on Ben Alberts Company (Pty) Ltd and the Consumer.

 

 

  1. Applicable legislation
    1. The following laws will be applicable to any agreement or relationship between the applicable parties to this Terms and Conditions:
      1. The Consumer Protection Act 68 of 2008 in relation to any services or products sold by Ben Alberts Company (Pty) Ltd..
      2. The Electronic Communications and Transactions Act 25 of 2002 in relation to any payments and security.
      3. The Protection of Private Information Act 4 of 2013 in relation to any private information of Consumers gathered by Ben Alberts Company (Pty) Ltd.
      4. The Trade Marks Act 194 of 1993 in relation to any marks represented.
      5. The Copyright Act 98 of 1978 in relation to the content of Ben Alberts Company (Pty) Ltd.’s website and other platforms.
      6. The Constitution of South Africa 108 of 1996 in general.

 

  1. Intellectual property
    1. All information available on the Ben Alberts Company (Pty) Ltd website or any other online or e-commerce based platform whereon Ben Alberts Company (Pty) Ltd make available their services and products for purchase, including data, text, databases, photos, graphic works, software and other related materials are subject to copyright protections.
    2. The copyright in these materials belong to Ben Alberts Company (Pty) Ltd, and is enforceable in South Africa and all other countries.
    3. Excluding reasonable private use as stipulated in the Copyright Act 98 of 1978, any unauthorised use of the material will constitute copyright infringement.
    4. All trade marks visible on this website and other platforms belong to Ben Alberts Company (Pty) Ltd, or has been licenced to Ben Alberts Company (Pty) Ltd, and is enforceable in South Africa.
    5. Any unauthorised use of such trade marks will constitute trade mark infringement.

 

  1. Privacy policy
    1. Should a Consumer proceed to order the services and/or products from the Ben Alberts Company (Pty) Ltd website, Ben Alberts Company (Pty) Ltd or its authorised service provider may require personal information of such a Consumer.
    2. The Consumer undertakes to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
    3. Ben Alberts Company (Pty) Ltd agrees not to use, without a Consumer’s express consent, a Consumer’s personal information for any purpose other than it was disclosed.
    4. Ben Alberts Company (Pty) Ltd makes use of third party service providers who assist in interaction and payment authorisation and the Consumer provides its personal information to such parties where reasonably required.
    5. Ben Alberts Company (Pty) Ltd agrees to take appropriate technical and organisational measures to ensure that all personal information of Consumers are kept secure and is reasonably protected against unauthorised or unlawful use, accidental loss, alteration, disclosure, access or other applications.
    6. Although Ben Alberts Company (Pty) Ltd takes every precaution to protect the private information of Consumers, and attempts to ensure that all of employees, third party service providers or partners who may have access to such personal information adhere to the same standard of privacy, Ben Alberts Company (Pty) Ltd takes no responsibility for the breach, loss or misuse of such private information when in possession of such parties.
    7. Ben Alberts Company (Pty) Ltd agrees to return or destroy any and all personal information of a Consumer in its possession or control, on written request of such Consumer.
    8. Ben Alberts Company (Pty) Ltd undertakes not to retain any personal information for a period which may be exceed the period for which such information was originally provided, unless it is required by law to do so.
    9. Ben Alberts Company (Pty) Ltd undertakes never to sell or make available the personal information of a Consumer to any third party other than as provided for in these Terms and Conditions, unless where required to do so by law.
    10. Ben Alberts Company (Pty) Ltd shall not be liable for any loss or damage arising as a result of any disclosure of personal information to third parties by a Consumer directly.

 

 

  1. Social platforms
    1. Ben Alberts Company (Pty) Ltd reserves the right to monitor, filter, amend and remove any posts from any social platforms, including social media platforms such as Blogs, Facebook and Twitter, provided through their website or other platforms owned or administered by them.
    2. Ben Alberts Company (Pty) Ltd will not be held liable for any claim, loss, damage or defamation of character resulting from the use of their website or other platforms, including social platforms, owned or administered by them or accessible through site or other platforms owned or administered by them

 

  1. Indemnity and disclaimer
    1. Neither Ben Alberts Company (Pty) Ltd nor any of its agents or representatives shall be held responsible or liable for any damage, loss or liability of any kind that may arise from the technical inability to use the Ben Alberts Company (Pty) Ltd website or any other online or e-commerce based platform whereon Ben Alberts Company (Pty) Ltd makes available their services and goods for purchase.
    2. Ben Alberts Company (Pty) Ltd cannot guarantee at any time, implied or otherwise, that the Ben Alberts Company (Pty) Ltd website or any other online or e-commerce based platform whereon Ben Alberts Company (Pty) Ltd make available their products for purchase are free of errors or that it will function without any interruption or errors.
    3. Should a Consumer or other user find any error, such error must be reported to Ben Alberts Company (Pty) Ltd in writing.
    4. Information, ideas and opinions on this Ben Alberts Company (Pty) Ltd website or any other online or e-commerce based platform whereon Ben Alberts Company (Pty) Ltd make available their services and goods for purchase should not be regarded as professional advice or the official opinion of Ben Alberts Company (Pty) Ltd .
    5. Ben Alberts Company (Pty) Ltd will be further not be held liable for any claims flowing from the use of any web page, link, social platform or other relevant platform, including third-party links and platforms, that are accessible from this site.

 

 

  1. Amendments

 

    1. Ben Alberts Company (Pty) Ltd reserves the right to amend these Terms and Conditions at their sole discretion without prior notification to Consumers.
    2. The parties further acknowledge that email communications will be sufficient to meet the legal requirement for written notice where written notice must be provided under these Terms and Conditions, subject to the integrity of the Consumer’s email address.

Manual Payment Methods:

EFT (Electronic Fund Transfer)

One of the most widely used ways of sending money online. Once you have added enough items to your shopping cart, proceed to “Checkout” and follow the order processing instructions. Select the option to pay via EFT. You will then have to load BEN ALBERTS COMPANY (PTY) LTD as a beneficiary on your internet banking and use the unique order number in the reference line for your payment. This should ensure speedy processing and delivery of your selected products.

Direct Deposit

You may pay for your products through a direct deposit. It’s exactly the same as doing an EFT payment, except you’ll have to go into your bank and physically make your direct deposit there. Please email through your deposit slip to us at ben@benalbertscompany.co.za to ensure your payment is confirmed..

Banking Details:

Banking DetailsTitle
Bank: Standard Bank
Account Name: Ben Alberts Company
Account Number: 303289961
Branch Code: 00051001
Branch Name: Clearwater
Branch Code: 00051001
Account Type: Current

For more information about how to order, special order requirements and other payment options, please email us on ben@benalbertscompany.co.za

Security Policy

  1. Virtual Card Services process all credit card transactions. All credit card transactions are 128 bit Secure Socket Layers (SSL) encrypted. The company registration documents and the site's registered domain name are checked and verified by Thawte, ensuring the cardholder and merchant that nobody can impersonate VCS to obtain confidential information.
  2. Virtual Card Services is committed to providing secure online services. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. Virtual Card Services Internet servers are protected by firewalls and intrusion detection systems.
  3. The Merchant does not have access to credit details.
  4. Virtual Card Services continually reviews and enhances its security in line with technological changes.

Monitoring

We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).

Law

The Conditions will be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.

Updating of these Terms and Conditions

We reserve the right to change, modify, add to or remove from 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.

Consent

I understand that all the designs and trademarks are registered to BEN ALBERTS COMPANY (PTY) LTD and hereby accept the terms and conditions. I undertake not to copy/duplicate the trademarks and designs directly or indirectly in anyway and understand the legal implications thereof. Should I be found to be in violation of this agreement I understand that I will be held liable for all legal costs incurred by BEN ALBERTS COMPANY (PTY) LTD for any civil action or any legal action deemed necessary against me.

Contact Details

Tel: +27 (0) 82 784 1465
Email: ben@benalbertscompany.co.za
Address: Plot 67, Sterkfontein Road
Protea Ridge
Krugersdorp
Gauteng
1740
GPS Coordinates: S26⁰ 02’40.8”
E027⁰45’13.5”
Nearest Address: R563
Protea Ridge, ZAF 17
Nearest Junction: N14 & Kromdraai
Road (T3)

 

A copy of the ECT Act is available at http://www.polity.org.za/pol/acts/2002.