Bookshelf

| terms and conditions |

  1. Virtual Bookshelf (otherwise referred to as "Bookshelf") is a retailer, primarily but not exclusively using an online medium to market and sell books, Compact Disks, DVD, Posters, cards and other gift items.
  2. COPYRIGHT

    1. Copyright 2006-2008 © Virtual Bookshelf (otherwise referred to as "Bookshelf"), 38 Riviera Rd, Killarney 2193, Johannesburg, South Africa.
      All rights not expressly granted are reserved.
    2. Users may download, view and print content from this site for private and non-commercial purposes only.
    3. All moral rights of Bookshelf and its employees/agents are reserved.
    4. Bookshelf cannot screen or edit all the content available from the Bookshelf site and does not accept any liability for illegal, defamatory or obscene content. Users are encouraged to inform Bookshelf of any content that may be offensive or illegal.
  3. INTELLECTUAL PROPERTY RIGHTS

    1. All the content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Bookshelf and as such are protected from infringement by local and international legislation and treaties.
  4. ELECTRONIC COMMUNICATIONS

    1. When a user visits Bookshelf or sends e-mails to Bookshelf, that user consents to receiving communications from Bookshelf electronically and agrees that all agreements, notices, disclosures and other communications sent by Bookshelf satisfies any legal requirements, including but not limited, to the requirement that such communications should be "in writing".
  5. HYPERLINKS

    1. No person, business or web site may link to any page on this site without the prior written permission of Bookshelf. Such permission could be obtained from the general manager Angela Gibson. This clause does not apply to parties that have entered into e-trader agreements with Bookshelf.
    2. Hyperlinks provided on this site to non-Bookshelf sites, are provided as is and Bookshelf does not necessarily agree with, edit or sponsor the content on such web pages.
  6. FRAMING

    1. No person, business or web site may frame this site or any of the pages on this site in any way whatsoever.
  7. SPIDERS AND CRAWLERS

    1. No person, business or web site may use any technology to search and gain any information from this site without the prior written permission of Bookshelf. Such permission could be obtained from the person referred to in clause 4 hereof.
  8. DISCLAIMER

    1. Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, neither Bookshelf nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this web site or the services or content provided from and through this web site. Furthermore, Bookshelf makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from errors or omissions or that the service will be 100% uninterrupted and error free. Users are encouraged to report any possible malfunctions and errors to the person referred to in Clause 4.
    2. This web site is supplied on an "as is" basis and has not been compiled or supplied to meet the user's individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with Bookshelf that the service available from and through this web site will meet the user's individual requirements and be compatible with the user's hardware and/or software.
    3. Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of Bookshelf and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.
    4. All items purchased from Bookshelf are made pursuant to agreements with shipping and delivery agents and risk of loss pass from Bookshelf to such agents upon delivery of any item to such carrier.
    5. Neither Bookshelf nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product sold on this web site.
    6. USED BOOKS. Where necessary or required by a client Bookshelf will procure used copies of books which may be otherwise unavailable new. These sales will take place by email and will not go through the website. No guarantee’s can be offered on used books with regard to their condition, or the delivery lead time as these are beyond the control of Bookshelf. If the item is incorrect, we will refund the client.
  9. COSTS

    1. Prices:
      1. The price of each product is displayed with the product. In the event of a sale or special offer, the discounted price is displayed.
    2. Shipping Costs:
      1. The cost of shipping within the borders of South Africa is determined as follows:
        1. If the weight of the order is less than 5kg’s and you are in a main centre around Tswane or Johannesburg, the overnight to door fee is R46.90.
        2. If you have selected regular Post through the post office, the charges are R15.00 per item less than 1kg in weight and not exceeding 458 x 324 x 100mm when packaged (econopost).
        3. If ordinary parcel post was selected, SA Post Office rates will apply as follows: R25.00 for the first kg and R3.50 for each additional kg thereafter.
        4. if the items in the order weigh more than 10Kg but less that 19.9Kg, the shipping charge is R65,00 per order.
        5. if the weight is more than 20Kg the shipping charge is R67,50 plus R0,5025 per kilogram over 20Kg.The amount due is calculated automatically when the order is created. Note that the South African Post Office only accepts parcels with a maximum weight of 30Kg.
        6. Speed Services Courier rates will apply when the counter to counter option is selected. Delivery will be overnight to PO counter. This option is R45.94 for 1kg; R64.15 for 2kg; R78.15 for 3kg; R98.10 for 4kg and R117.50 for 5kg
        7. Overnight courier rates to door are R46.00 for the first 2kg to a main centre and R10 per 1kg thereafter. In regional areas the overnight courier rate is R80 for the first 2kg and R15 per 1kg thereafter. Goods sent by courier are insured for a maximum of R1000.
      2. International deliveries. The cost of delivery outside the borders of South Africa is as follows: Namibia - R 75; African countries (excl Namibia) - R 199; in South African currency, per order, irrespective of the amount of items ordered.
      3. No deliveries can be accepted to destinations other than South Africa and neighbouring states on the website. Enquiries to this effect can be made by email, where a delivery rate can be discussed.
    3. Value Added Tax:
      1. Value added tax at the rate of 14% is not charged on goods bought by South African residents as the Virtual Bookshelf is not yet eligible for Vat registration.
      2. VAT is not payable on orders if both the billing and the shipping address are international.
    4. Import Duties:
      1. Import duties may be payable by recipients of goods in neighbouring foreign countries. Bookshelf does not know what levies may be payable and cannot calculate or estimate such costs.
  10. DELIVERIES

    1. Inside the borders of South Africa and neighbouring states
      1. All items of the Bookshelf site have an indication of the delivery time:
        1. Locally sourced books - usually five to ten business days.
        2. CDs, DVDs, Videos - usually twenty business days.
        3. Internationally sourced books - usually fifteen business days.
      2. Important: if items with different delivery times are ordered together, the item with the longest delivery time will determine the delivery time of all the items in the order.
    2. Outside the borders of South Africa
      1. Goods to the following international destinations are sent as follows: Namibia and African countries - Delivery to the post office; All other international (incl United Kingdom; excl Africa) - via airmail parcel post.
        Courier by agreement and acceptance and payment of delivery charges
      2. Delivery usually takes place within two or three weeks after dispatch - however, seasonal peaks and delays at customs etc is outside the control of Bookshelf and deliveries may take up to twelve weeks for hard to find items.
      3. It is possible to courier goods to international addresses (incl United Kingdom; excl Africa). The costs are determined on an ad hoc basis. Note that such costs are normally very high.
    3. Delays and cancellations
      1. Bookshelf makes every effort to assure that the information supplied on the site is accurate. Where delays and out of stock situations occur, every effort will be made to inform the buyer.
  11. PAYMENT METHODS

    1. Credit card payments.
      1. Payment may be made via Visa, MasterCard, Diners or American Express credit cards or by bank transfer into the Bookshelf bank account, the details of which will be provided on completion of the online order. Note that to protect its own and the interests of customers, Bookshelf scrutinizes all transactions very carefully to prevent attempted fraud and a transaction may be refused if Bookshelf is not satisfied with its legitimacy.
    2. Credit card acquiring and security
      1. Credit card transactions will be acquired for Bookshelf via PayGate (Pty) Ltd who are the approved payment gateway for ABSA South Africa. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
    3. Customer details separate from card details
      1. Customer details will be stored by Bookshelf 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
    4. Merchant Outlet country and transaction currency
      1. The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR).
    5. Responsibility
      1. Bookshelf 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
    6. Bank deposit payments (EFT)
      1. Instructions are be given on how to deposit monies into the Bookshelf bank account and would it be subject to the following rules:
        1. The exact amount must be paid
        2. The payment must be identified by supplying the order number and surname in the reference section of the deposit slip or on the electronic transfer.
        3. No transfers must be made from ATM's, as these cannot be traced.
        4. Cheque deposits are subject to a clearing period.
        5. No bank deposits are accepted from outside the borders of South Africa.
        6. Unpaid bank deposit orders are cancelled after five business days.
  12. RESTRICTIONS ON SALES

    1. Internationally produced music:
      1. Bookshelf is not permitted to sell internationally produced music outside the borders of South Africa but music by South African artists can be sold internationally.
    2. Age restrictions on DVDs and Videos:
      1. The onus is on the purchaser to assure that these restrictions are observed.
    3. Regional encoding of DVDs:
      1. Bookshelf may supply DVDs that are encoded for use in regions other than region 2 or are encoded for multiple zones. Please check whether your DVD player will accept these prior to purchase.
    4. Heavy items +10kg:
      1. Items that weigh +10kg are not delivered outside the borders of South Africa.
  13. AGREEMENTS OF SALE

    1. Placing an item in a shopping basket or adding it to a wish list without completing the purchase cycle does not:
      1. Constitute an agreement of sale between Bookshelf and users cannot hold Bookshelf liable if such items are not available when the purchase cycle is completed later; and/or
      2. Constitute an order for such an item; and
      3. Bookshelf may remove such an item from the shopping basket or wish list if no stock is available.
    2. An agreement of sale between Bookshelf and a user only comes into effect if and when:
      1. A deposit of an electronic transfer is reflected on Bookshelf's bank statement (and only if such payment is received within 5 (five) business days after completion of the purchase cycle); or
      2. a direct deposit is reflected on Bookshelf's bank statement (and only if such payment is received within 5 (five) business days after completion of the purchase cycle.
    3. Bookshelf reserves the right to refuse to accept and/or execute an order without giving any reasons. Bookshelf also reserves the right to cancel orders in whole or in part as circumstances dictate. Bookshelf shall only be liable to refund monies already paid by the user.
    4. Bookshelf shall take all reasonable efforts to maintain correct prices. However, should errors occur and items are offered at incorrect prices, Bookshelf will not be obliged to sell goods at such incorrect prices and shall only be liable to refund monies paid.
    5. Consumers can view or print a full record of the transaction that is maintained for a period of twelve months on the Bookshelf website.
  14. STOCK AVAILABILITY

    1. Bookshelf does not carry stock. All orders are placed on behalf of the customer as per order. Books may be obtained locally or imported, and this affects the delivery lead time.
  15. SPECIAL OFFERS

    1. Bookshelf shall not be liable for the sale of items at lower prices if such prices were increased and users and/or purchasers could not, for any reason whatsoever, conclude an agreement of sale while such prices remained low.
    2. If Bookshelf supplies the wrong product or if the product is in any way faulty or damaged, Bookshelf will exchange it for the correct one. However, if the product is no longer being offered at the special price, it will not be replaced and Bookshelf will refund the purchase price including delivery costs.
  16. VOUCHERS

    1. Vouchers cannot be exchanged for cash and is not transferable or assignable.
    2. Vouchers must be redeemed at Bookshelf towards the purchase of products listed in the online Bookshelf catalogue.
    3. Only one voucher can be used per transaction.
    4. Vouchers cannot be redeemed with orders already placed with Bookshelf.
    5. Promotional vouchers are issued at Bookshelf's own discretion.
    6. Customers do not have a right to promotional vouchers and vouchers cannot be earned.
    7. Vouchers can only be redeemed while they are valid and expiry dates cannot be extended. Promotional vouchers and their expiry dates are listed under 'MY ORDERS' on the site.
  17. GUARANTEE

      1. If Bookshelf supplies the wrong product or if the product is in any way damaged or faulty as a result of a manufacturing defect, Bookshelf must be notified within 14 days of invoice. Bookshelf will exchange it for the correct one upon receipt of the returned product. Bookshelf will make a reasonable effort to exchange the product, but if replacement is not possible, Bookshelf will refund the purchase price including delivery cost upon receipt of the returned product.
        Please note: goods are not guaranteed against faults resulting from normal wear and tear.
      2. Special offers: If Bookshelf supplies the wrong product or if the product is in any way faulty or damaged, Bookshelf will exchange it for the correct one upon receipt of the returned product. However, if the product is no longer being offered at the special price, it will not be replaced and we will refund the buyer's purchase price including delivery costs upon receipt thereof
      3. If the user is not satisfied with his/her choice and the product is still in mint condition, the user must return it within 14 days of receipt by the customer and Bookshelf will refund the purchase price (excluding delivery costs) upon receipt of the returned product. No item costing more than R250 will be accepted as a return under this provision.
      4. Note that once opened, the following types of goods will not be accepted for a refund and will only be replaced with another copy of the same product: CDs, Videos, DVDs, audio.
    1. Bookshelf will not be liable for any claim, of whatsoever nature:
      1. instituted after the expiry of the one-year period referred to in point 1 above; or
      2. based on any warranty, whether express or implied, other than the express warranty set forth in point 1 above.
  18. GOVERNING LAW

    1. This site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law.
  19. PRIVACY

    1. Bookshelf shall take all reasonable steps to protect the personal information of Users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/html/govdocs/legislation/2000/act2.pdf
    2. Bookshelf may electronically collect, store and use the following personal information of Users:
      1. Name and surname;
      2. Birth date;
      3. Gender;
      4. Country of residence;
      5. Closest city;
      6. Non-personal browsing habits and click patterns;
      7. E-mail address;
      8. IP address; and
      9. ID number / passport number.
    3. Bookshelf collects stores and uses the abovementioned information for the following purposes:
      1. To greet the User when he/she accesses the Bookshelf web site;
      2. Subject to the User's consent, inform the User of facts relating to his/her access and use of the Bookshelf website;
      3. Subject to the User's consent, inform the User about competitions and special offers from Bookshelf and/or its partners / affiliates;
      4. To compile non-personal statistical information about browsing habits, click-patterns and access to the Bookshelf web site.
      5. To verify the identity of the User when transacting with Bookshelf
      6. To ensure that the goods are received by the addressee
    4. Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings.
    5. The User may elect not to receive any communications from Bookshelf and/or its partners / affiliates.
    6. Bookshelf may collect, maintain, save, compile and share any information collected from users, subject to the following provisions:
      1. Bookshelf shall not disclose personal information from Users to a third party 18.6.2 Bookshelf shall disclose information without the User's consent only through due legal process; and
      2. Bookshelf may compile, use and share any information that does not relate to any specific individual, such as overall sales on an item etc…
    7. Bookshelf owns and retains all rights to non-personal statistical information collected and compiled by Bookshelf.
  20. SECURITY

    1. Any person that delivers or attempts to deliver any damaging code to this web site or attempts to gain unauthorized access to any page on this web site shall be prosecuted and civil damages shall be claimed in the event that Bookshelf suffers any damage or loss.
    2. The user agrees and warrants that its log-in name and password shall:
      1. be used for personal use only; and
      2. not be disclosed to any third party.
    3. The user allows Bookshelf to take all reasonable steps to ensure the integrity and security of the Bookshelf site and back-office applications.
    4. All credit card transactions are Secure Socket Layers encrypted. The company registration documents and the site's registered domain name are checked and verified by Thawte.
  21. CHANGES TO AGREEMENT

    1. Bookshelf may, in its sole discretion, change this agreement or any part thereof at any time without notice.
  22. DISPUTES

    1. In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this agreement, and not resolved through the Customer Relations Department of Bookshelf, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. Arbitration proceedings shall be conducted in Johannesburg in English. The arbitration rules may be downloaded from: http://www.arbitration.co.za/Pages/docs/expedited_rules.pdf.
  23. DOMICILIUM

    1. This website is governed by the laws of South Africa and Bookshelf chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, Virtual Bookshelf CC, No 40, 7th Ave, Edenvale, JHB, Gauteng, 1609.
  24. TERM AND TERMINATION

    1. This agreement shall commence when the user registers on the Bookshelf site and continues indefinitely until terminated by Bookshelf in terms of clause 21 hereto or for any other reason.
  25. CONTACT DETAILS

    1. Support email: read@bookshelf.co.za
      Support Telephone: 011 646-8389
      Physical address: No 40, 7th Ave, Edenvale, JHB, Gauteng, 1609
  26. REFUNDS AND CANCELLATIONS:

    1. Refunds, returns and cancellations will incur a R30 handling fee. Books must be returned to Virtual Bookshelf CC, No 40, 7th Ave, Edenvale, JHB, Gauteng, 1609. Refunds and cancellations will be processed in the form of a Credit Voucher to be redeemed within 3 months from date of issue. The refund voucher for returned goods will only be issued once the returned goods are received.
    2. eBooks are not refundable