1) Your use of our site means acceptance of Terms & Conditions.
2) BUNDUROCK (bundurock.com), its employees, servants, agents and affiliates (collectively “BUNDUROCK”) will allow you to use this web site, which is administered by BUNDUROCK and will allow you to transact on this website for the benefit of BUNDUROCK, subject to the terms and conditions of use (“the terms and conditions”). By using this web site in any way, you unconditionally accept all the terms and conditions. Do not use this web site if you disagree with any of the terms and conditions. Your purchases made will be subject to the terms and conditions.
3) To use the web site’s shopping facility, you must be at least 18 years old, or be accessing the web site under supervision. If you are not at least 18 years of age, or if under 18, you may only access and use this web site with full parental/guardian consent.
4) Placing an Order, Payment and Delivery: Making A Purchase or a payment could not be easier. Once you have registered on the system you will have automatically opened an account. Just browse our store, and add any items that you wish to buy into the shopping cart (basket). After you have finished your selection, click on ‘Continue’ and you will be asked for/to confirm a few details that we need to be able to complete the order. As payments are made and products are ordered, they will be linked to your account. When it comes to the consolidation of your account the system will reflect all your payments and all your orders. The system will automatically reflect a balance due or a credit balance. When confirmation of an order is received, this is to indicate that we have received your order. It does not indicate that a contract exists between us. In the case of a change of price, we will always contact you first to ensure that the price is acceptable.
You may make your purchase and payment by way of any of the following methods:
a) a direct ELECTRONIC BANK TRANSFER into BUNDUROCK’s/partner’s account (using Internet Banking, EFT) – in which case you will use our Banking details as provided on the automatic generated order form visible to you immediately after you have chosen this method and submitted your order (PLEASE MAKE SURE TO SELECT (click) THE ROUND BUTTON NEXT TO THE OPTION) ; or
b) a direct OFFLINE BANK DEPOSIT into BUNDUROCK’s account – in which case you will also use our banking details as provided on the automatic generated order form visible to you immediately after you have selected the payment method and submitted your order, or
c) direct card payment by VISA or Master Card using the secure PAYFAST Gateway.
PHYSICAL SHIPMENT: Shipment is limited to South Africa, Botswana, Namibia, Australia, Nieu Zeeland, United Kingdom, Netherlands, and the USA. Should you require any other delivery destination, please contact us and confirm before placing an order or paying for your order as wrongly paid orders are NOT refunded (see Refund Policy below).
Refund Policy : No refund will be made after the transaction has been authorised and your payment amount is reflecting in BUNDUROCK’s bank account. Please ensure that you transfer or deposit the EXACT AMOUNT PAYABLE since over payments will NOT be refunded due to possible fraud risk.
Gift Certificate/Voucher Policy: The amount specified on your BUNDUROCK Gift Certificate/Voucher may only be used to purchase goods from the BUNDUROCK ONLINE STORE and will under NO CIRCUMSTANCES be excganged for cash. Should your purchase amount be more than your Gift Certificate’s value, the Gift Certificate’s account will automatically be deducted from your purchase and you will have to pay only the difference either via EFT payment or PAYFAST Card payment.
NB: Please make sure that your purchase is exactly the amount of your Gift Certificate or more as a credit balance can not be refunded by the BUNDUROCK ONLINE STORE.
Return Policy: BUNDUROCK follows a no return policy. We do take good care in the packing of product items for shipment. However, due to the nature of our products, the return of product items will not be possible. Shoppers are welcome to contact BUNDUROCK directly (see contact details on website) should you wish to rather collect your order personally.
Currency fluctuations : This web site is domiciled in the Republic of South Africa and the payment currency is South African Rands. Where the purchase amounts are designated in United States dollars, the currency conversion will be performed at the rate of exchange ruling at the time the payment is authorised.
Delivery Schedule: Your order will be processed and shipped via regular mail within 3 working days after full payment has been received and funds cleared by BUNDUROCK’ bank. Delivery will under normal circumstances be within 5 -7 working days nationally (international delivery may take a few weeks with our standard registered SA POST shipment) and should any item(s) have to be placed on backorder, you will be notified immediately. You will be notified via email as to the progress of your order.
Delivery via Courier: Should you wish to have your order delivered via courier, please contact us BEFORE paying as we need to first confirm the higher courier shipping fees with you directly.
PLEASE NOTE: Your order will be processed on receipt of payment via electronic bank transfer or offline bank deposit to the bank account of BUNDUROCK as provided on the automatic generated order form visible when you submit your final order. A confirmation email will be send to you on receipt of payment.
Intellectual property rights:
5) The contents, information and material on this web site, including (without limitation) any software, icons, text, links, graphics, images, sound clips, trade names, logos, trade marks, service marks, whether registered or not, are protected by South African and international law, including but not limited to copyright, patent and trade mark law, and belongs to BUNDUROCK and/or third parties (“the intellectual property”), which have given their permission for the use of such intellectual property by BUNDUROCK. Any unauthorised use of the intellectual property is prohibited.
• Unless otherwise indicated, photographs on this website may be downloaded and printed for personal use only.
• They may also be used by legitimate “not-for-profit” organisations on their websites for educational or conservation purposes.
• If used on a “not-for-profit” website as stipulated above, a link back to this site is required: bundurock.com
Printing of the photographs or downloading and storing on a computer or other storage device for any other purposes, including for use for art reference, is not permitted and is illegal. Copyright infringement is a serious offense. If you are unsure whether your intended usage is legal, or are interested in using any images for commercial use, you can contact BUNDUROCK at firstname.lastname@example.org
Intention of the BUNDUROCK:
6) When you purchase a product of on the BUNDUROCK ONLINE STORE, you will directly be supporting the specific musician(s) and/or band(s), thus it will be a direct contribution towards the South African music industry, its independant musicians, artists and bands as well as to conservation (read more).
Notwithstanding the disclaimers contained in these terms and conditions, BUNDUROCK shall use commercially reasonable endeavours to fulfill the representation made in the website to which these terms and conditions apply. You recognise that the overriding objective of BUNDUROCK is to raise funds to sustain/maintain the BUNDUROCK platform, to assist especially INDIE artists and musicians and any other music related BUNDUROCK projects. In turn the BUNDUROCK shall ensure that the funds raised are diligently and faithfully administered and applied in accordance with the Mission and Aims of BUNDUROCK, the terms of which are available in the website to which these terms and conditions apply. The funds raised by the Project will be applied for BUNDUROCK and other music/bands projects, after deduction and disbursement of the costs and expenses.
Exclusion of liability:
7) BUNDUROCK will in no way be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from the use of, or reliance upon, any material or content contained in the web site or any linked web sites, even if the BUNDUROCK has been advised of the possibility of such loss, expense, claim or damages. You hereby indemnify BUNDUROCK and their employees, servants and agents and agree to keep indemnified the BUNDUROCK against any such loss, claim or damage which may be suffered by them or any third party arising in any way from your use of this web site.
INDIE ARTIST SELLERS (INDIE ARTIST PRODUCTS/MERCHANDISE):
8) BUNDUROCK allows the sale via the BUNDUROCK ONLINE STORE of merchandise provided by Independant Sellers/artists/musicians/bands (hereafter refer to as “seller”) on the following conditions:
8.1 the specific product(s) must be the property (including applicable license rights, copyrights, etc.) of the independant seller;
8.2 by selling via the BUNDUROCK ONLINE STORE, the seller must agree in writing to the BUNDUROCK’s Terms & Conditions;
8.3 payment for any product on the BUNDUROCK ONLINE STORE will be allowed ONLY directly through the BUNDUROCK ONLINE STORE’s secure PAYMENT GATEWAYS and not directly into the “seller”‘s account for security reasons (see para.4 above);
8.4 sellers have to TWO (2) options:
8.4.1 keeping their merchandise and shipping it themselves directly to clients on receipt of orders received via the BUNDUROCK ONLINE STORE – only a 10% (to cover the administration & payment gateway/bank charges) will be charged by the BUNDUROCK ONLINE STORE on each product that are sold via the SA-BANDS ONLINE STORE on behalf of the “seller”. Payment (product price less 10% fee, but shipping cost will be added as per online store auto add) will be made to the “seller”‘s bank account at the end of each month provided that Proof of Shipment for each order have been received by the BUNDUROCK ONLINE STORE team; or
8.4.2 the seller supply the BUNDUROCK ONLINE STORE with a reasonable number of stock items which the BUNDUROCK ONLINE STORE will ship on order directly to clients on behalf of the seller – in this case a 20% fee (to cover the administration, payment gateway/bank charges & handling fee) will be charged by the BUNDUROCK ONLINE STORE on each product that are sold via the BUNDUROCK ONLINE STORE on behalf of the “seller” and payment (product price less 20% fee) to the sellers bank account will be made at the end of each month.
9) Disclaimers and indemnities : While BUNDUROCK will attempt to ensure that the contents and information of this web site are accurate and complete, BUNDUROCK does not make any representation or warranty, whether express or implied, as to the operation, availability or functionality of this web site or as to the accuracy, completeness or reliability of any information on this web site. If you rely on this web site or on the information contained in this web site, you do so at your own risk. Although the BUNDUROCK will exercise all reasonable care and diligence, the BUNDUROCK makes no warranty or representation, whether express or implied, that the information or files available on this web site are free of viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system, computer network or your hardware or software. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network or your hardware or software. BUNDUROCK does not accept any responsibility for any errors or omissions on this web site. Although BUNDUROCK will exercise all reasonable care and diligence in the processing of purchases/payments by way of a credit card, BUNDUROCK does not, subject to any statutory requirements, accept responsibility for any loss or damage that may occur to the person or entity, whether directly or indirectly, making the payment due to the occurrence of a fraudulent transaction with any details of the credit card so used, or otherwise.
Exclusion of liability:
BUNDUROCK will in no way be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from the use of, or reliance upon, any material or content contained in the web site or any linked web sites, even if BUNDUROCK has been advised of the possibility of such loss, expense, claim or damages. You hereby indemnify BUNDUROCK and their employees, servants and agents and agree to keep indemnified BUNDUROCK against any such loss, claim or damage which may be suffered by them or any third party arising in any way from your use of this web site.
10) Linking to and from the web site : BUNDUROCK does not endorse and is not responsible or liable for the contents, maintenance of, or activities conducted on, any web site to which this web site provides a link. Despite the fact that this web site may refer to or provide links to other web sites, your use of such other web sites is entirely at your own risk and BUNDUROCK is not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such other web sites, or your reliance on any information contained in such other web sites. You are not permitted to link or “deep link” to this web site or to “frame” any part of this web site, without the written permission of BUNDUROCK.
11) Your behaviour when using this web site
: You may not use this web site to obtain, distribute, publish, post, disseminate or otherwise transmit:
• copyrighted material or material protected by laws relating to intellectual property rights without the permission of the owner of the intellectual property rights in such material;
• material containing viruses or any other destructive materials or data or code which is able to corrupt, interfere with, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system or hardware or software;
• material which is defamatory, unlawful, offensive, infringing, obscene, indecent or contains hate speech; or
• bulk e-mail, whether solicited or unsolicited.
• You may not interfere with or jeopardise the functionality or the operation of any part of this web site or attempt to interfere with or jeopardise, disrupt, disable, harm or otherwise impede in any manner the functionality or operation of any part of this web site.
• You are strictly prohibited from using this web site for “spoofing”, “hacking”, “flaming”, “cracking” or “spamming”.
• You may not intercept any information transmitted to or from BUNDUROCK or this web site.
• You may not impersonate another person or entity, or use a false name or a name that you are not authorised to use, create or use a false identity, email address or mislead others to the identity or origin of any communication.
• You may not threaten, abuse, or otherwise violate the rights of others in using this web site.
• You must respect other users of this web site at all times.
12) Changes to the terms and conditions : BUNDUROCK reserves the right to update and/or amend the terms and conditions from time to time and without any notice. Any such change will only apply to your use of this web site after the change is accessible and may be viewed on this web site. If you use this web site after such updated or amended terms and conditions have been made accessible or can be viewed on this web site, you will be deemed to have accepted such updates or amendments.
13) Governing law & Jurisdiction: Subject to the paragraph below, the terms and conditions will be governed by, and interpreted in accordance with the laws of South Africa, and you irrevocably agree that the courts of South Africa will have exclusive jurisdiction to settle any dispute that may arise out of, under, or in connection with these terms. BUNDUROCK may in its discretion launch proceedings in the courts of your country of residence, or domicile, or where these terms and conditions are entered into in the course of your trade or profession, the country of your principal place of business.
14) Termination and Amendments : BUNDUROCK may in its sole discretion terminate, suspend and modify this web site and/or your use of this web site, with or without notice to you. You agree that BUNDUROCK will not be liable to you in the event that BUNDUROCK chooses to suspend, modify or terminate this web site or your use of this web site.
15) Sever ability : If any one or more of the provisions of these terms and conditions should be held to be invalid or unenforceable, the validity and enforceability of all the other provisions of these terms and conditions will not be affected thereby and will continue in full force and affect.
In these terms and conditions:
• the headings of clauses will not be used in the interpretation of these terms and conditions;
• unless inconsistent with the context, words or phrases which are defined will bear the meaning assigned to them;
• unless inconsistent with the context, words referring to:
• one gender include a reference to the other genders;
• the singular include the plural and vice versa;
• natural persons include artificial persons and vice versa.