1.1 We are BK Percussion (CC),
Registration number: CK93/32963/23,
Our physical address is:
Unit 4 Rosbur Park,
Paarden Eiland, 7405,
Cape Town, South Africa,
trading as BK Percussion on the website www.bkpercussion.com (the Site) and its subsidiaries, associates and officers unless otherwise stated.
1.2 These Terms and Conditions govern the supply by us of any Products ordered by you on the Site. By agreeing to order a Product, you agree to be legally bound by these Terms and Conditions.
1.3 In these Terms and Conditions:
a) "Account" means the account that you will need to register for on the Site if you would like to submit an Order on the Site;
b) "Acknowledgement" means our acknowledgement of your Order by email;
c) "Breach of Duty" has the meaning given to it in clause 10.11(b) of these Terms and Conditions;
d) "Business Day" means a day which is neither (i) a Saturday or Sunday, nor (ii) a public holiday anywhere in South Africa;
e) "Confirmation of Order" means our email to you, in which we accept your Order in accordance with clause 4.9 below;
f) "Contract" means your Order of a Product or Products in accordance with these Terms and Conditions which we accept in accordance with clause 4.9 below;
g) “Coupon” means a discretionary discount issued by BK Percussion to you, to be used against your purchase. Each Coupon will have it’s own specific T’s and C’s and will have an expiry date.
h) "Customer" means individual who places an Order on the Site;
i) “Gift Voucher” means an electronic voucher purchased on our website or at selected retailers
j) "Liability" has the meaning given to it in clause 10.11(a) of these Terms and Conditions;
k) “Marketplace” shall mean the platform where third party Vendors list and sell their Products on the Site (“Third Party Vendors”). BK Percussion will indicate on relevant Product pages, which Products are for sale by a Third Party Vendor. Certain terms in these Terms and Conditions only apply to purchases from Third Party Vendors, and others only apply to purchases directly from BK Percussion.
l) "Order" means the order submitted by you to the Site to purchase a Product from us;
m) "You" means the Customer who places an Order;
n) “We” means BK Percussion BK Percussion, as described above;
o) “BK Percussion Deal” or “BK Deals” means special deals that are available for order on the BK Percussion Deal page on the Site from time to time. Deals are subject to stock availability and may be limited to specific time periods. BK Percussion Deal orders are limited to certain payment methods and special delivery conditions and a delivery fee shall be charged on BK Percussion Deal deliveries.
p) “Store Credit” means value of product returned instead of a cash refund.
1.3.2 Headings are for ease of reference only and shall not affect the interpretation or construction of the Terms and Conditions;
1.3.3 Words imparting the singular shall include the plural and vice versa.
1.3.4 Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership;
1.3.5 References to "includes" or "including" or like words or expressions shall mean without limitation.
These Terms and Conditions are our copyrighted intellectual property and any use by third parties, even of extracts for the commercial purposes of offering goods and/or services, is not permitted. Infringements may be subject to legal action.
1.3.6 References to "clauses" are to clauses of these Terms and Conditions;
2. Your Status
To place an order with BK Percussion you must be 18 years or older.
3.1 These Terms and Conditions shall apply to all Orders and Contracts concluded by or with BK Percussion for the sale and/or supply of Products. When you submit an Order to BK Percussion, give any delivery instruction or accept delivery of any Products, this shall constitute your unqualified acceptance of these Terms and Conditions. Nothing in these Terms and Conditions affects your statutory rights (including the right to insist that goods you buy from businesses must correspond with their description, be fit for their purpose and be of satisfactory quality).
3.2 These Terms and Conditions shall prevail over any separate terms put forward by you. Any conditions that you submit, propose or stipulate in whatever form and at whatever time, whether in writing, by email or verbally, are expressly waived and excluded.
3.3 No other terms or changes to the Terms and Conditions shall be binding unless agreed in writing signed by the authorised person at BK Percussion.
4. Third Party Vendors
4.1 BK Percussion provides a platform for both local and international Third Party Vendors to sell their Products to you. While BK Percussion facilitates the transaction, BK Percussion is neither the buyer nor the seller of these Products unless otherwise specified.
4.2 BK Percussion will indicate on relevant product pages when Products are for sale by a Third Party Vendor. Products sold by international Third Party Vendors shall bear a “Global logo” to easily identify international sales.
4.3 In this case, a Sale is formed between you and the Third Party Vendor, on acceptance of your order (in accordance with clause “How a Contract is formed” below).
4.4 BK Percussion shall provide you with an invoice on behalf of local and international Third Party Vendors.
4.5 BK Percussion shall handle any returns under the CPA or the Electronic Communications and Transactions Act 2002 (“ECT Act”), by you in accordance with BK Percussion’s own Returns Policy. Should such claim escalate into being a dispute, although BK Percussion is entitled to become involved in an attempt to resolve it, BK Percussion is not obliged to do so and any disputes must be resolved between you and the relevant Third Party Vendor.
5. How a Contract is formed
5.1 When placing an Order, you must register for an Account on the Site as detailed in clause 10, and you must follow the instructions on the Site as to how to place your Order and for making changes to your prospective Order before you submit it.
5.2 Irrespective of any price you have seen or heard, once you select a Product that you wish to Order and have proceeded to the Checkout, the amount to be paid will then be shown (on the Site) together with the charges you must pay including VAT and cash handling fee, if applicable. Unless otherwise stipulated on the Site, all charges are in the currency then in force in South Africa. Subject to clause 4.11 below, this is the total that you will pay for receipt of the ordered Product.
5.3 You shall pay for the Product by one of the following payment methods, subject to BK Percussion's discretion (only credit card payments shall be accepted in respect of BK Percussion Deals orders):
5.3.1 Payment via credit card
BK Percussion accepts credit card and chipped debit/cheque card payment via Visa, MasterCard and America Express only. We make use of the 3D-Secure authentication system to verify cardholder details with your bank (not applicable to mobile channels); this links you directly to your bank via a secure link. The transaction then takes place within your bank's secure environment and We won't have access to any of your card details. You can rest assured that your card details will only be accessible to our PCI compliant payment service provider. When you return a purchase, the specified amount will be credited back to your bank account after it has been approved. Take note that only credit card payments are accepted in respect of BK Percussion Deals orders.
5.3.2 EFT (electronic funds transfer)
A. Manual EFT bank deposit
This payment method requires you to transfer money directly from your bank account into BK Percussion's account, through computer-based systems.
If you select EFT, you will be redirected to our secure payment gateway and asked to select your bank. The details for the EFT payment will then be displayed, along with instructions regarding references etc.
All bank deposit EFT's require proof of payment to be sent to service@BK Percussion.co.za before your order will be processed. If payment does not reflect for an EFT transaction We may request proof of payment to be sent before your order is processed. Take note that only South African EFT payments will be accepted and no international bank electronic transfers are accepted.
B.Instant EFT with i-Pay
How Does it Work?
- On checkout page, select instant EFT with i-Pay. You will be redirected to your bank’s login screen and prompted to login with your online banking details.
- You will receive a one-time pin to confirm payment.
- Once you have successfully made payment, you will receive instant notification that the payment has been successful and that your order will be processed.
- There is no need to enter BK Percussion’s banking details or order reference number
- There is no need to wait for funds to reflect in the BK Percussion’s account
Is it safe?
- Instant EFT guarantees the highest levels of security when paying online
- Instant EFT has a Thawte EV SSL encryption certificate which gives our payment processing service an extremely high level of security
- Instant EFT acts as a proxy between you and the bank to facilitate a faster, safer and easier payment process for both you and BK Percussion.
- Your online banking login details are NOT stored.
5.3.3 COD (Cash on Delivery)
Pay for your purchase in cash when it is delivered to your door. This is an easy payment option that only requires you to have the correct amount of cash when your package is delivered. Take note that all payment should be done in South African Rand, and that the COD option is only available for certain postal codes. Please note that a handling fee of R10 will be charged on checkout.
Should it so happen that you are not available to accept delivery you can postpone/delay delivery for a maximum of three (3) Business days after the initial attempt to delivery. If delivery has not taken place within these three (3) Business days, the order will be cancelled and returned to our warehouse. In order to ensure the safety for you as well as our delivery team, cash on delivery will only be available on orders below R1,500.00 (one thousand five hundred rand).
COD is only currently available to certain postcodes in Cape Town and Johannesburg, and does not qualify on orders where Three (3) Hour, Next Day or Two (2) Day Express delivery option is requested. COD payments will not be accepted in respect of BK Percussion Deals and International Marketplace orders.
To get started, you'll need to have registered on BK Percussion.co.za and also have an existing eBucks account. You'll also need your SA ID number, your eBucks 4-digit PIN and your cellphone (for your One Time PIN /OTP)
Add all the items you want to purchase to your online shopping cart.
Proceed to the checkout page, select Pay with eBucks as your preferred payment method and click the Order Now button to proceed
You will automatically be directed to the secure eBucks payment section. Log in using your 4-digit PIN and your OTP for the transaction will be sent to the cellphone registered to your eBucks account.
You'll be able to see your remaining eBucks balance in the secure payments section, click Finish to complete the transaction and the amount will be debited from your eBucks account. The purchase will be confirmed and we'll take care of the rest. All you need to do now is watch out for your delivery “ it'll be on its way soon. eBucks payments will not be accepted in respect of BK Percussion Deals orders.
5.3.5 Pay in Store with Pay@
This super convenient payment option allows you the convenience of paying for your BK Percussion.co.za order at your nearest Shoprite, Checkers, Shoprite USave, Spar or Pick ˜n Pay store. Upon checkout you will receive confirmation of your order, as well as the bill payment reference number that you can use to pay with.
All you need to do is go to your local store, present your bill payment reference number to the check-out clerk and pay for your BK Percussion.co.za order. Your order must be paid for within 5 days, otherwise the stock will be released back onto our site. Once payment has been received, your order will be processed and delivered to your door. Pay@ payments will not be accepted in respect of BK Percussion Deals orders.
5.3.5 Pay with UCount Rewards
To get started, you'll need to have registered on BK Percussion.co.za and also have an existing UCount Rewards account. You'll also need your UCount Rewards Card and a supported Credit card if you wish to perform a split payment.
Add all the items you want to purchase to your online shopping cart.
Proceed to the checkout page, select Pay with UCount Rewards or Ucount Rewards + Credit Card as your preferred payment method and click the Order Now button to proceed.
You will automatically be directed to the secure UCount Rewards payment section. Enter your UCount card details and select if you want to supplement your payment with a Credit Card.
If so, select the amount to pay via UCount. Click Next and enter the UCount 3D Secure code when prompted.
If you selected to supplement your UCount payment with a Credit Card payment, enter your Credit Card details on the next page. Click next and enter your Credit Card 3D Secure code.
Finally you will be redirected to a page confirming your order. Please take note that amounts debited from UCount Rewards cards can only be refunded via Store Credit. UCount Rewards payments will not be accepted in respect of BK Percussion Deals orders.
To get started, you'll need to have registered on BK Percussion.co.za and also have an existing DiscoveryMiles account. You can pay with your Discovery Card, Discovery Miles or a combination of both.
Choose what you want to buy in the usual way, adding the items to your cart.
Go to “check out” and select to pay with Discovery Miles. Click Order Now button to proceed.
You will automatically be directed to a secure Discovery Miles page, operated by PayU. Log in using your Discovery Miles username and password.
On the next screen, select the amount of Discovery Miles to use for your order. Your amount to pay will show on the left, under BK Percussion logo.
Note: you can pay the full amount of your order with Discovery Miles. Or, if you don’t have enough,top up with any accepted credit card by completing the details in the credit card section.
After you confirm the payment, you’ll be directed to BK Percussion order confirmation page, showing your order number. Your purchase will soon be on its way!
5.4 If you are asked for details of a payment card, you must be fully entitled to use that card or account. The card or account must have sufficient funds to cover the proposed payment to BK Percussion.
5.5 You undertake that all details you provide to BK Percussion for the purpose of purchasing the Product from us will be correct, that the credit or cheque card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of your payment details before providing you with the Product.
5.6 When you submit an Order to the Site, you agree that you do so subject to the latest Terms and Conditions available on the Site at the date you submit your Order. You are responsible for reviewing the latest Terms and Conditions each time you submit an Order.
5.7 Your Order remains valid as an offer until we deliver the Products to you.
5.8 NOTE: BK Percussion will indicate the acceptance of your order by delivering the Products to you, and only at that point will an agreement of sale between you and BK Percussion and/or Third Party Vendor come into effect. This is regardless of any communication from BK Percussion stating that your Order or payment has been confirmed. BK Percussion will indicate the rejection of your Order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
5.9 A Confirmation of Order email is for informational purposes only and should not be construed as the moment of agreement of sale. In that Confirmation of Order email, we may give you an Order reference number and details of the Product you have ordered. We may in our discretion refuse to accept an Order from you for any reason, including unavailability of supplies or We may offer you an alternative Product (in which case we may require you to re-submit your Order first).
5.10 If you discover that you have made a mistake with your Order after you have submitted it to the Site, please contact service@BK Percussion.co.za immediately. However, BK Percussion cannot guarantee that We will be able to amend your Order in accordance with your instructions.
5.11 We will, at all times do our utmost best to ensure that the price given to you is accurate, but the price of your Order will need to be validated by BK Percussion as part of our acceptance procedure. If the price for the Order changes before we accept your Order, We will contact you and ask you to confirm whether you wish to proceed at the amended price.
5.12 Products placed in your cart can not be reserved to be bought at a later stage. Placing a Product/s in your cart without completing the sale at checkout does not amount to a “sale”. This means that BK Percussion may remove any Product(s) from your cart before the sale actually takes place, in the event of the product going out of stock. BK Percussion cannot be held responsible if the Product(s) you added to your cart have become unavailable when you try to complete the purchase.
5.13 You acknowledge that stock of all Products on offer is limited and that pricing may change at any time without notice to you. BK Percussion will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Site. However, we cannot guarantee the availability of stock. When Products are no longer available after you have placed an order, BK Percussion will notify you and you will be entitled to a refund of any amount already paid by you for such Products.
5.14 BK Percussion relies on information supplied to it by Third Party Vendors in respect of Marketplace Products. BK Percussion accordingly bears no liability for any inaccuracies in the information supplied to it. Any dispute about the availability of Products should be settled between you and the Third Party Vendor.
6.1 We aim to deliver the Product to you at the place of delivery requested by you in your Order. Orders are only delivered to physical address, no PO Box addresses are allowed.
6.2 We aim to deliver within the time indicated by us at the time of your Order (and updated in the Confirmation of Order) but we cannot promise an exact date when you submit your Order or at the Confirmation of Order.
6.2.1 We always aim to deliver within 3-5 working days (Standard delivery, and depending on the payment method used) any Order which we accept but we cannot guarantee any firm delivery dates.
6.2.2 Delivery of local Marketplace Product/s may take 5-7 working days. This timeline will be displayed on the relevant Product page.
6.2.3 Delivery of international Marketplace Product/s may take 15- 20 working days. This timeline will be displayed on the relevant Product page. Customs and International Shipping fees shall be included in the Price displayed to you. However, you shall be charged a R39 admin fee per international Marketplace sale.
6.2.4 Delivery of BK Percussion Deals orders may take 10-15 working days due to the fact that these are special deals that are only sourced from the Supplier once the deal officially closed (duration of the deal will be displayed on the deals page).
6.3 We shall aim to let you know if We expect that We are unable to meet our estimated delivery date, but, to the extent permitted by law, We shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
6.4 Click and Collect orders will be delivered to the selected PostNet branch only and is only available on our Standard Delivery option. Delivery to the PostNet branch will happen in line with our standard delivery timeline of 3-5 days and will be confirmed via email when the parcel arrives. You will receive notification once your parcel arrives at the selected PostNet store to advise you that your order is ready for collection. PostNet will hold the parcel for 5 days and, if not collected, return the parcel to BK Percussion to cancel you order. You will be required to provide positive identification in the form of a valid driver's license, passport or identity book before PostNet will release your order to you.
6.5 On delivery of the Product, you may be required to sign for delivery. You agree to inspect the Product for any obvious faults, defects or damage before you sign for delivery. You need to keep receipt of the delivered Product in case of future discussions with us about it.
6.6 Please note that it might not be possible for us to deliver to some locations. If this is the case, We will inform you using the contact details that you provide to BK Percussion when you place your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.
6.7 We deliver in our standard packaging. Any special packaging requested by you is subject to additional charges.
6.8 All risk in the Product shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations under a Contract, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, We will not be liable for loss or destruction of the Product.
6.9 You must take care when opening the Product so as not to damage it, particularly when using any sharp instruments.
6.10 You shall ensure that you are ready for safe receipt of the Product without undue delay at any time reasonably specified by us.
6.11 If you are not available to take delivery or collection, We may leave a card giving you instructions on either re-delivery or collection from the carrier.
6.12 If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the Product to you) accept delivery or collect the Product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:
- a) charge you for our reasonable storage fee and other costs reasonably incurred by us; or
b) no longer make the Product available for delivery or collection and notify you that we are immediately cancelling the applicable Contract, in which case we will refund to you or your credit or cheque card company, as applicable, any money already paid to BK Percussion under the applicable Contract, less our reasonable administration charges (including for attempting to deliver and then returning the Product, and any storage fees as provided for in clause 5.11(a) above) exceed such amount.
6.13 It is your responsibility to ensure that the Products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the Products will meet your individual requirements. You acknowledge that the Products are standard and not made bespoke to fit any particular requirements that you may have.
6.14 All Orders with a total cart value under R400 will incur a non-refundable delivery fee of R50 in addition to any other delivery fees applicable in clauses 6.14.1 to 6.14.8 below.
The following delivery fee options are available:
6.14.1 Standard Delivery will be free of charge for all Orders with a total cart value over R400 for Orders delivered in Main City Centres, as determined by BK Percussion from time to time. Should your Order be delivered in a Outlying Area, then you will always incur a R25 delivery fee regardless of cart value.
6.14.2 Two (2) Day Express Delivery of orders
Only certain Main Centre areas qualify for Two (2) Day Express Delivery, and orders must be placed before 15:00 on a Business day. Not available for COD payment options.
a) The Two (2) Day Express fee will be R25.00 per order.
6.14.3 Next Day Delivery of orders
Only certain Main Centre areas qualify for Next Day Delivery, and orders must be placed before 15:00 on a Business day. Not available for Pay@, COD and Manual EFT Transfer payment options. a) Next Day delivery fee will be R60.00 per order.
6.14.4 Three (3) Hour Delivery
Only certain Cape Town areas qualify for Three (3) Hour Delivery, and orders must be placed before 15:00 on a Business day. Not available for Pay@, COD and Manual EFT Transfer payment options.
a) Three (3) Hour Delivery fee will be R80.00 per order.
6.14.5 Afterhours Delivery
Only certain areas in Cape Town and Johannesburg qualify for after-hour deliveries between 18:00 and 21:00 on week days. Orders must be placed before 15:00 on a working week day. Not available for our COD payment option.
(a) After-hour Delivery fee will be R60.00 per order.
6.14.6 Weekend Deliveries
Only certain areas in Cape Town and Johannesburg qualify for weekend deliveries on Saturdays between 8:00 and 14:00. Orders must be placed before 15:00 on a Wednesday to ensure delivery on the Saturday. Not available for our COD payment option.
(a) Weekend Delivery fee will be R60.00 per order.
6.14.7 BK Percussion Deals Delivery
There shall be an additional delivery charge of R28.00 for BK Percussion Deals orders.
6.14.8 Extended Delivery times
During periods of high order volumes, our delivery times may be extended as follows:
Standard Deliveries may take 5 to 7 days
Marketplace Deliveries may take 7 to 9 days
If You elect to split an order containing BK Percussion Deals as well as other BK Percussion items, the BK Percussion items will be delivered within 3-5 days for free on Standard Delivery. The BK Percussion Deals items will be delivered separately after 10-15 working days. There shall be an additional delivery charge of R28.00 for splitting of an order."
Please take note of the following:
- Some bulky items (like duvets and pillows) may only be available on Standard Delivery.
- Delivery fees and cash handling fees are non-refundable.
- BK Percussion shall be entitled, at its sole discretion, to determine which areas it considers as Main Centres and Outlying Areas as well as identity areas in Cape Town suitable for Three (3) Hour Delivery.
- BK Percussion shall be entitled to re-evaluate and make changes to these areas from time to time as it deems necessary.
- BK Percussion Marketplace and BK Percussion Deals – items may take a few days longer to ship as they are sourced from the seller upon order and/or after closing of deal. The Product is then sent to BK Percussion for Quality Control and then shipped to you. If your order includes a BK Percussion Marketplace product, delivery should take place within 5-20 working days. BK Percussion Deals orders will take 10-15 working days and if you elected to include BK Percussion items in your BK Percussion Deals order (and not to split the delivery of Deals from other items ordered) the entire order will take 10-15 working days to deliver.
7.1 We reserve the right, for purpose of suspected fraud, to refuse to accept or process payment on any order, and/or to cancel any sale concluded between you and BK Percussion, in whole or in part, if the Product is not available for any reason. We will notify you if this is the case and return any payment that you have made, and accept no liability which may arise as a result of such refusal to process any order/sale.
7.2 We will usually refund any money received from you using the same method originally used by you to pay for the Product, unless otherwise agreed between you and BK Percussion.
8. Cancellation by Customer (Non-Faulty Product)
8.1 You are entitled to cancel any sale concluded on the Site within Fourteen (14) days of receipt of the Products and to obtain a refund. You may also cancel a sale where delivery is delayed beyond the stipulated delivery date/timeframe (or where none is specified, beyond 14 days from the order date). Please read the Refund Policy for further details in this regard.
8.2 No cancellation fees shall apply.
8.3 Delivery fees and cash handling fees, where applicable, are not refundable.
8.4 For more detail relating to returns of non-faulty Products, please see our Returns Policy
8.5 You cannot cancel international Marketplace sales once ordered.
9. Faulty Products
9.1 We warrant that:
- a) the Product will be delivered undamaged in the quantities ordered; and
b) the Product will conform with the manufacturer's latest published instructions as set out on the Site or in our Product material at the time of your Order.
9.2 The Product is intended to be used strictly in accordance with the manufacturer's latest published instructions as set out on the Site or as on the Product itself. It is your responsibility to ensure that you use the Product strictly in accordance with those instructions.
9.3 Before delivery, we may make minor adjustments to material, colour, weight, measurements, design and other features to the extent that they are reasonable.
9.4 We try very hard to deliver Products in excellent condition. However, if you tell us that the Product is faulty, you agree to keep the Product in its current condition available for us (or our agent) to inspect within a reasonable time.
9.5 In order to provide you with any remedies for a faulty Product, we may need your assistance and prompt provision of certain information regarding the Product, including:
- a) you specifying with reasonable detail the way in which it is alleged that the Product is damaged or defective; and
b) you providing us with the delivery note number and such other information as we reasonably require.
6 If you would like BK Percussion to replace (if reasonably possible eg. if product is still available or could easily be obtained by BK Percussion) or provide a refund for the Product where it did conform to the applicable Contract, and we find that the Product has:
a) been misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions; or
b) been involved in any accident or damage caused by an incorrect attempt at modification or repair; or
c) been dealt with or used contrary to BK Percussion or the manufacturer's instructions for the Product; or
d) deteriorated through normal wear and tear, after delivery by BK Percussion, We may at our discretion decide not to replace or refund you for the Product and/or We may require you to pay all reasonable carriage costs and servicing costs at BK Percussion's current standard fees and costs and charge this to your credit or cheque card, or the payment details that you provided to us when you made your Order, and, to the extent permitted by law, We shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.
9.7 Special conditions and procedure for returns of defective products will apply, as set out in our Returns Policy. The special conditions are in line with the requirements of the Consumer Protection Act 68 of 2008.
10.1 You may use a Gift Voucher as payment for any products on the Site.
10.2 You may purchase Gift Vouchers for use on the Site by yourself or as a gift for another person. These Gift Vouchers will be sent to you via email.
10.3 To redeem Gift Vouchers in your Account or check an existing credit, please visit "My User Account" on the Site.
10.4 We may email Gift Vouchers to you. Subject to clause 12.2, we accept no liability for errors in the email address of the Gift Voucher recipient.
10.5 If you have a Gift Voucher, that Gift Voucher can be used by someone other than you and you can assign your rights to use that Gift Voucher.
10.6 In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with the redemption of that voucher on the Site, we are entitled to close your Account and/or require a different means of payments.
10.7 We assume no liability for the loss, theft or illegibility of Gift Vouchers.
10.8 Gift Vouchers cannot be used to purchase other Gift Vouchers.
10.9 Gift vouchers are not refundable for cash once purchased.
10.10 Gift vouchers may only be purchased through cheque or credit card.
10.11 The credit of a Gift Voucher does not accrue interest nor does it have a cash value.
10.12 If the credit of a Gift Voucher is insufficient for the Order you wish to make, you may make up the difference through other payment methods.
10.13 Should you wish to return an item you have purchased using a Gift Voucher, please consult clause H. of our Returns Policy.
11.1 From time to time We may release, at our sole discretion, Coupons that may be used on the Site, which We will send to you by email. Subject to clause 13.2, we accept no liability for errors in the email address of the coupon recipient. You do not have a right to a Coupon.
11.2 In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with a Coupon purchase on the Site, we are entitled to close your Account and/or require a different means of payments.
11.3 We assume no liability for the loss, theft or illegibility of Coupons.
11.4 Coupons are valid for the specified period stated on them only, can only be redeemed against regular priced products and cannot be used in conjunction with other promotional Coupons. Coupons cannot be redeemed against the purchase of event tickets of any nature. Individual brands may be excluded from Coupon promotions. Each Coupon will have it’s own T’s and C’s.
11.5 It shall be BK Percussion’s sole discretion whether to allow a Coupon to be used in conjunction with a discount promotion. Each promotion shall have it’s own T’s and C’s.
11.6 The credit of a Coupon does not accrue interest nor does it have a cash value.
11.7 If the credit of a Coupon is insufficient for the Order you wish to make, you may make up the difference through other payment methods.
11.8 Coupons may specify a minimum spend by you before they can be redeemed. In this case, only baskets which are made up of regular priced products will entitle you to a redemption of the specific Coupon. You may add sale items to the basket, however their values shall not contribute to the total value of the minimum spend required.
11.9 Should you wish to return an item you have purchased using a Coupon, please consult clause G of our Returns Policy.
11.10 As a general rule, and unless specified otherwise on the specific Coupon itself:
- A Coupon can only be used once per promotional offer;
- Only one Coupon can be used per person unless BK Percussion specifies otherwise on the particular promotion.
12. Limitation of Liability
- Limitation of Liability
12.1 We will at all times do our utmost best to ensure that all information displayed on the Site and in any communication from BK Percussion is accurate, however, should any inaccurate information be published by BK Percussion (ie. incorrect Product description or price), despite our best efforts to ensure accuracy, We shall not be liable for any direct, indirect, incidental or consequential loss or damage suffered by you as a result of the inaccurate information.
12.2 We cannot accept liability, to the full extent permitted by law, for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused arising from the access or use of our Site or the purchase of any of our and/or Third Party Vendor Products. You agree, to the extent permitted by law, to indemnify us against any loss or damage suffered or liability incurred by reason of any act or omission on your part or that of any third party acting on your behalf in connection with your use of our Services and/or your purchase of any products or services.
Any person that delivers or attempts to deliver any damaging code to this Site or attempts to gain unauthorised access to any page on this Site shall be prosecuted and civil damages shall be claimed in the event that BK Percussion suffers any damage or loss.
You agree and warrant that your log-in name and password shall:
a) be used for your personal use only; and
b) not be disclosed to any third party.
You allow BK PERCUSSION to take all reasonable steps to ensure the integrity and security of the Site and back-office applications. All credit card transactions are Secure Socket Layers encrypted. BK PERCUSSION'S registration documents and the Site's registered domain name are checked and verified by DigiCert.
14. Guarantee and complaints management
14.1 We shall perform our obligations under these Terms and Conditions with reasonable skills and care.
14.2 We place great value on our customer satisfaction. You may contact us at any time using the contact details given in clause 1.1 of these Terms and Conditions. We will attempt to address your concerns as soon as reasonably possible and will contact you on receipt of any relevant enquiry or complaint. In guarantee cases, the manufacturer frequently must be involved, and as such it may take longer to resolve such an enquiry or complaint.
14.3 In the event of a complaint it will help us if you can describe the object of your complaint as accurately as possible and, where applicable, send us copies of the Order or at least the order number that We assign you in the Acknowledgement or Confirmation of Order. Should you not have received any reaction from us within five (5) Business Days, please make further enquiries. In rare cases your emails may be caught up in our spam filters or not reach us, or correspondence that we send to you may otherwise not have reached you.
15. Data protection
Please see our Cookie Notice, which forms part of these Terms and Conditions.
16. Circumstances beyond our control (force majeur clause)
16.1 We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation any natural disaster and unavoidable incident, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation ("Event of Force Majeure"), regardless of whether the circumstances in question could have been foreseen.
16.2 Either you or BK Percussion may terminate a Contract forthwith by written notice to the other in the event that the Event of Force Majeure lasts for a period of two (2) Business Days or more, in which event neither you nor BK Percussion shall be liable to the other by reason of such termination (other than for the refund of a Product already paid for by you and not delivered).
16.3 If we have contracted to provide identical or similar Products to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which contracts we will perform and to what extent.
17.1 Any notice under a Contract shall be in writing and may be served by personal delivery or by pre-paid registered letter or by email addressed to the relevant party at the address or email address of the relevant party last known to the other or as set out in clause 18 of these Terms and Conditions.
17.2 Any notice given by post shall be deemed to have been served seven (7) Business Days after the same has been posted if the recipient address is in South Africa. Any notice given by email shall be deemed to have been served when the email has been proved to be received by the recipient's server. In proving such service it shall be sufficient to prove that the letter or email was properly addressed and, as the case may be, posted as a prepaid or recorded delivery letter or despatched or a delivery report received.
18. Governing Law and Jurisdiction
This Site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and, subject to the clause 18 of these Terms and Conditions, you and BK Percussion submit to the jurisdiction of the South African courts.
Disputes between you and BK Percussion:
Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and BK Percussion on any matter provided for in, or arising out of these Terms and Conditions, and not resolved through the Customer Relations Department of BK Percussion, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. The expedited arbitration rules may be downloaded from https://www.arbitration.co.za/downloads/expedited_rules.pdf
20. Address for Notices
BK Percussion chooses as its address for all purposes under these Terms and Conditions, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following address: PO BOX 13828, Mowbray, 7705, with a copy to legal@BK Percussion.co.za (the sending of such copy being required in order for any notice to be considered validly delivered to BK Percussion).
21. Advertising on the Site
We shall use our reasonable endeavours to comply with any relevant regulations relating to the Site, published by the Advertising Standards Authority. All photography is for illustrative purposes only and specific styles are not necessarily stocked.
22.1 These Terms and Conditions shall commence from the date on which they are published on the Site and continue indefinitely, as amended by BK Percussion from time to time, for so long as the Site exists and is operational, BK Percussion being entitled to terminate these Terms and Conditions and/or shut down the Site at any time (subject to still processing any orders then already placed and accepted by BK Percussion). However, for your future reference, we advise you to print and keep a copy of these Terms and Conditions, your Order, the Acknowledgement and the Confirmation of Order.
22.2 No failure or delay, by BK Percussion or by you, in exercising any right under these Terms and Conditions or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish BK Percussion's, or your rights under these Terms and Conditions or a Contract.
22.3 If any clause in these Terms and Conditions or a Contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions or a Contract shall be capable of continuing in effect without the unenforceable term.
22.4 You shall not assign, transfer, novate, charge, sub-contract, create any trust over or deal in any other manner with these Terms and Conditions or a Contract or all or any of your rights or obligations under these Terms and Conditions or a Contract.
22.5 Nothing in these Terms and Conditions or a Contract shall create or be deemed to create a partnership, an agency or a relationship of employer and employee between you and us.
22.6 No person who is not a party to these Terms and Conditions or a Contract shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms and Conditions or that Contract its assent to any such term.
22.7 A full record of every sale and related transaction between you and BK Percussion shall be maintained on the Site for a period of 12 months following the date of such sale or related transaction. You shall thus only be able to view and print such record during such period, whereafter you shall be responsible for retaining your own record of the relevant sale or related transaction.
22.8 Any and all copyright subsisting in the Website, including theses Terms and Conditions, vests in BK Percussion and all rights not expressly granted are reserved.
22.9 When you visit the Site or send e-mails to BK Percussion, you consent to receiving communications from BK Percussion electronically and agree that all agreements, notices, disclosures and other communications sent by BK Percussion satisfy any legal requirements, including but not limited to the requirement that such communications should be in writing.
22.10 These terms are subject to the provisions of the Electronic Communications and Transactions Act no. 25 of 2002 (the Act) and any of the terms that are in conflict with any of the compulsory provisions of the Act will be deemed to have been modified so as to comply with such provisions of the Act.
23. Amendment to the General Business Terms and Conditions
We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted on-line. It is your responsibility to ensure that you are satisfied with the amendments. Should you not be satisfied with the amendments, you must refrain from placing any further orders on, or from using it in any way, the Site as continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions.
Save for BK Percussion being liable to you “
a) under the Consumer Protection Act 68 of 2008 in relation to any products sold by BK Percussion to you via the Site; and
b) under sections 43(5) and 43(6) of the Electronic Communications and Transactions Act in relation to BK Percussion's payment systems not being sufficiently secure;
Neither BK Percussion 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 Site or the services or content provided from and through this Site. Furthermore, BK Percussion makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Site are free from errors or omissions or that the service will be 100% uninterrupted and error free. You are encouraged to report any possible malfunctions and errors to customer@BK Percussion.co.za
Although the products sold via the Site may be under warranty, the Site itself is supplied on an "as is" basis and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself prior to accepting these Terms and Conditions that the service available from and through this Site will meet your individual requirements and be compatible with your hardware and/or software. Information, ideas and opinions expressed on this Site should not be regarded as professional advice or the official opinion of BK Percussion and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Site.
25. Promotions / Competitions
Special Terms & Condition apply to all promotions and competitions run by BK Percussion and can be viewed under Terms & Conditions "Promotions".
26. Adult Store Terms and Conditions
All the above general Terms and Condition of Sale shall apply to the sale of a product in the Adult Store.
26.1 Age of Users
BK Percussion does not intend the Site to be used for purchasing or even viewing by individuals under the age of 18 (a “Minor”).
Users acknowledge that the site contains sexual material intended for individuals 18 years of age or older.
The User will not redistribute Content to anyone, nor will User permit any Minor, or any individual who would find this offensive, to view this material.
26.2 Returns & Refunds
To protect the health of our employees and customers, and due to the intimate nature of the Products, we cannot accept returns of any of the Products sold in our Adult Store.
We will however process a return for a faulty product. In the rare instance that a product is damaged or faulty on delivery or breaks due to a manufacturing fault, please contact our Customer Loyalty Team to arrange a return and we will revert as soon as possible.
Refunds and repairs for faulty Products are dependent on our supplier's inspection report in order to eliminate the possibility of deliberate misuse. This process may take several days. Dependent on our supplier's inspection report, BK Percussion will replace your damaged or faulty product, provided it is still within warranty.
Most of our toys come with a one-year manufacturers' warranty from the date of sale to you to make sure they are in good working condition for you.
Faulty items will be replaced first and if not in stock, only then will customers will be credited.
27. International Shipping and Delivery
International Marketplace Products will bear a ”BK Percussion Global” logo on the Product page.
When you purchase a BK Percussion Global Product, you purchase the Product from an international Third Party Vendor.
Although you are the recipient and consignee of the imported product, you specifically appoint BK Percussion as your importer of record for customs and duty purposes.
BK Percussion and it’s service providers will handle customs clearance.
BK Percussion will be responsible for all import fees.
Customs and International Shipping fees shall be included in the Price displayed to you and you will not be asked to pay more for customs.
You shall be charged a R39 admin fee per international Marketplace sale.
Delivery of international Marketplace Product/s may take between 15- 20 working days. This timeline will be displayed on the relevant Product page.
BK Percussion cannot be held responsible for delayed deliveries caused by any problems which may arise due to the importation of goods. This includes, but is not limited to, suppliers who delaying orders, customs detaining shipments, acts of God, SARS inspections, customs inspections, Port Health inspections or freight delays.
BK Percussion Global Products are eligible for returns, however you shall be responsible for the cost of returning the Product to BK Percussion’s Warehouse.
A R90 handling fee will also be charged by BK Percussion for processing a return to International Third Party Vendor.
28. Best Price Campaign
BK Percussion endeavours to sell a variety of quality products at great prices. The Best Price Campaign guarantees that BK Percussion will offer its customers the best price. Should a customer find the same product at a lower price, BK Percussion will match that price.
The following terms and conditions apply to the Best Price Campaign:
28.1 In the event that you find a product, offered by any other reputable retailer in South Africa, at a lower price than it is offered on BK Percussion’s website, then you are required to complete an online submission form available at https://www.BK Percussion.co.za/bestprice/.
The Regular Price is the full price that BK Percussion charges for Products when We are not having a Sale and will be displayed on the Product page.
The Sale Price is the price that BK Percussion charges for Products when BK Percussion is having a sale, a deal or a promotion. The sale discount is always calculated as a percentage of the Regular Price. The Sale Price is shown on the catalogue and Product’s product pages in red, alongside the Regular Price, which will be crossed out.
The Best Price is the Regular Price, or if applicable the Sale Price, which BK Percussion guarantees to be the lowest price across all retailers for specific Products bearing the Best Price logo on the Site. The Best Price is shown on the catalogue and Product’s product pages in orange, alongside the Regular Price, which will be crossed out.
Pricing accuracy. Every reasonable effort will be made to ensure that the Regular Prices and Sale Prices of all Products on BK Percussion are correct at the time of your purchase. If, however, the product is offered at an erroneous price, BK Percussion will not be obliged to supply the said product at the incorrect price. BK Percussion will only be liable to return payment already made by you in the case you choose to cancel the sale once you have been made aware of the correct price. This clause must be read with clause 5.8 below.
28.2 BK Percussion may match the lower price to ensure that you get the product at the best price if the following requirements are in place:
- a) The product in question is identical to product listed on BK Percussion’s website and of genuine quality;
- b) The products are listed on a reputable South African online or offline retailer. IE. A retailer accredited by our suppliers as a reseller of the product. It shall be BK Percussion’s sole discretion as to whether the retailer is reputable.
- c) You must provide proof of where the same product is offered at a lower price in the form or a link or picture upload of the product and price. BK Percussion must be able to independently verify the price at the other retailer.
- d) You must provide a link to the product on BK Percussion’s website.
- e) When comparing prices, the lower price offered by other retailers must be calculated as: cost of the Product plus any set delivery fee applicable at check out. If, after the delivery fee has been added at check out, and the Product is still lower in price than the BK Percussion listed price, then BK Percussion will match the lower price.
28.3 The Best Price Campaign includes products marked down or discounted on sale at other retailers.
28.4 The Best Price Campaign shall not apply to local or international Marketplace Products.
28.5 The Best Price Campaign only applies to products not yet bought by you at another retailer.
28.6 It shall be BK Percussion’s sole discretion to lower the price of the product on BK Percussion’s website.
28.7 BK Percussion reserves the right to amend these terms and conditions from time to time without notice to customers.