Terms & Conditions
Use of Site
Disclaimer of Warranty
Cookie / Tracking Technology
Third Party Links
Refunds / Returns Policy
Price and Payment Terms
Updating of these Terms and Conditions
1. About Us
BK Photobooks is a business in the printing and photographic industry that produces personal customised Photobooks and other related products. BK Photobooks shall take all reasonable steps to protect their customers' personal information. For the purpose of this clause, "personal information" is defined as set out in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569
2. Use of Site
You may only use this site to browse the content, make legitimate purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. 'Deep-linking', 'embedding' or using analogous technology is strictly prohibited. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.
3. Disclaimer of Warranty
The contents of this site are provided "as is" without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement.
The owner of this site, the authors of these contents and in general anybody connected to this site in any way, from now on collectively called "Providers", assume no responsibility for errors or omissions in these contents.
The Providers further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of these contents. The Providers shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including -without limitation- data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Providers have been informed of the possibilities of such damages. The Providers cannot assume any obligation or responsibility.
The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.
4. Our Rights
We reserve the right to:
1. Modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
2. Change these Conditions from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
3. We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.
All the information gathered in the online forms on the website is used to personally identify users that subscribe to this service. The information will not be used for anything other that which is stated in the Terms & Conditions of use for this service. None of the information will be sold or made available to anyone.
The Site may collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the Site; the pages that you access while at the Site and the Internet address of the Web site from which you linked directly to our site. This information is used to help improve the Site, analyze trends, and administer the Site.
6. Cookie / Tracking Technology
The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.
7. Third Party Links
In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
8. Delivery Policy
When you click to make a purchase with us legal obligations arise and your right to refund of monies charged to your credit card or paid in any other way agreed by us, are limited by our terms & conditions. You must not make any purchase through this site unless you understand and agree all our terms and conditions. Once payment is made for the purchase, it is deemed that you have read and understood the terms and conditions for such purchase. If you have any queries please contact us before making any purchase for any service through this website.
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Please ensure the correct shipping address is provided from the outset as title and risk will pass to you once the order has left our premises.
10. Undeliverable Packages
Occasionally packages are returned to us undeliverable. Should this event take place every attempt will be made to contact you to make arrangements for re-shipment.
11. Order Processing
Order processing will not begin until we receive a confirmed order and full payment.
12. Refunds / Returns Policy
In the event that the Photographic Products are damaged or defective condition when they are received by you, or if they do not materially match what you ordered on the website, you may return the Photographic Products to us within 14 working days of receipt, and we will insure you receive a full refund of the price paid by you inclusive of the return postage and packing.
Should any Photographic Products be returned to us in within the time frame set out above, and we are able to establish that they were undamaged when they were received by you, we reserve the right to return them to you and claim the costs of such return from you.
We will contact you via email and confirm any refund of monies within a reasonable period of time. We will use the same method used by you to pay for your purchase to refund any monies to you. We will usually process the refund to you as soon as is conveniently possible and in any event within 30 working days of your cancellation or the day we confirmed, in writing, that you were entitled to a refund for the delivery of any defective Photographic Product. The provision of goods and services by BK Photobooks is subject to availability. In cases of unavailability, BK Photobooks will refund the client in full within 30 working days. Should a customer cancel an order before production has began will result in a 10 % administration fee. Any orders where production has begun will attract a 100 % administration fee.
13. Price and Payment Terms
You must pay in full by credit card or electronic funds transfer (eft) in advance when you submit your Order by email. Orders will not be processed until all outstanding amounts have been transferred to the bank account of BK Photobooks. All prices are in South African Rand and Payment will be collected at the time of placing this Order. The cost of delivery is not included in the price of your photo album and will be added to the price of your purchase as a separate shipping cost. Please refer to our Products Price List for a complete listing. We may change any of these prices at any time before your Order has been accepted. We make every effort to ensure that prices indicated on this website are accurate.
In the event that we decide to deliver Photographic Products to customers outside South Africa, the price is exclusive of any local sales taxes or customs or import duties which may apply. As these charges alter from time to time, we cannot give you an estimation prior to delivery. Your local customs office would be able to provide you further information before finalise your order.
All the details you provide to us for the purpose of purchasing the Photographic Products, including the details of your credit or debit card, must be correct, and that the credit or debit card which is used is your own, or you are legally allowed to use it, and that any charges relating to insufficient funds or credit facilities will be for your cost. We reserve the right to obtain confirmation of the validity of your credit or debit card details from the relevant financial services provider or credit reference agency. We will not be held liable for any losses you may suffer as a result of unauthorised use of your credit card by any other party. Payment may be made via Visa or MasterCard or by bank transfer into the BK Photobooks bank account, the details of which will be provided on request
Credit card transactions will be acquired for BK Photobooks via VCS (Pty) Ltd who are the approved payment gateway for Standard Bank of South Africa. VCS 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.VCS.co.za to view their security certificate and security policy.
Customer details will be stored by BK Photobooks separately from card details which are entered by the client on VCS's secure site. For more detail on VCS refer to www.VCS.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).
You may cancel your account by contacting us in writing by email or by post. You may be asked to provide additional proof that you are the holder of the account. Your account will be cancelled as soon as reasonably possible following receipt of your email or letter. Your account may be cancelled by us without notice at our sole discretion. Once your account is cancelled, your photo album will be deleted from our website and your password will no longer allow you to login to the password protected areas of our website.
15. 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.
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).
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.
18. 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.
I understand that all the designs and trademarks are registered to BK Photobooks 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 BK Photobooks for any civil action or any legal action deemed necessary against me.
20. Contact Details
Physical Address: 14 Wolseley Road, Morningside, Durban, 4001
Postal address: P.O. Box 47055, Greyville 4023
Email address: firstname.lastname@example.org
Phone numbers: (031) 312 2200
Fax numbers: (031) 303 2248