1. Acceptance of these Terms
By accessing or using the Website, registering for an account, joining the Bargain Club, entering a competition or placing an order with us, you confirm that you have read, understood and agreed to be bound by these Terms and by our Privacy Policy.
If you do not agree to these Terms you must not use the Website or any of the services offered through it.
You may only enter into binding agreements with us if you are at least 18 years old and have the legal capacity to do so. If you are under 18, you may only use the Website with the involvement and consent of a parent or legal guardian.
2. About Bargain Books
The Website is operated by Books, Magazines and Stationery CC trading as Bargain Books (“we”, “us” or “our”), a close corporation registered in the Republic of South Africa.
In line with section 43 of the Electronic Communications and Transactions Act 25 of 2002 (the “ECT Act”), our contact details are:
- Trading name: Bargain Books
- Legal name: Books, Magazines and Stationery CC
- Email: customerservice@bargainbooks.co.za
- Telephone: +27 21 706 1461
- Website: bargainbooks.co.za
3. Definitions
In these Terms, unless the context indicates otherwise:
- “CPA” means the Consumer Protection Act 68 of 2008, as amended.
- “ECT Act” means the Electronic Communications and Transactions Act 25 of 2002, as amended.
- “POPIA” means the Protection of Personal Information Act 4 of 2013, as amended.
- “Goods” or “Products” means books, magazines, stationery, gift cards and any other items offered for sale on the Website.
- “Order” means any order placed by you for Goods on the Website.
- “Bargain Club” means our customer loyalty programme.
- “You” or “your” means the user, customer or visitor of the Website.
4. Use of the Website
You agree to use the Website only for lawful purposes and in a way that does not infringe the rights of, or restrict or inhibit the use and enjoyment of, the Website by anyone else. You may not:
- use the Website in any manner that could damage, disable, overburden or impair our systems;
- attempt to gain unauthorised access to any account, server or network connected to the Website;
- upload, transmit or distribute any virus, worm, malicious code or other software intended to interfere with our service;
- scrape, harvest or otherwise extract data from the Website without our prior written consent;
- use the Website to harvest personal information of other users or send unsolicited commercial communications;
- impersonate any person or entity or misrepresent your affiliation with any person or entity.
We reserve the right to suspend or terminate access to the Website at our discretion if these Terms are breached.
5. User Accounts
To place orders, manage your Bargain Club rewards or save your details for future visits, you may register an account with us. When you do so:
- you must provide accurate, current and complete information;
- you are responsible for keeping your password confidential and for all activity that occurs under your account;
- you must notify us immediately at customerservice@bargainbooks.co.za if you suspect any unauthorised use of your account;
- you agree not to share your account credentials with any third party.
We may suspend or close any account that we reasonably believe has been used in breach of these Terms or applicable law.
6. Products, Pricing & Stock
6.1 Product information
We take reasonable care to describe and depict our Products accurately. Cover images, formats, page counts and editions can, however, change between print runs and we cannot guarantee that every detail is exact. Where the difference is material to your purchase, please contact us before ordering.
6.2 Pricing
All prices are quoted in South African Rand (ZAR) and include Value Added Tax (VAT) at the prevailing rate, unless stated otherwise. Prices exclude delivery charges, which are calculated at checkout based on your address and the shipping option chosen.
We reserve the right to change prices at any time before your Order is accepted. If a Product’s price has changed between the time you added it to your basket and the time we accept your Order, we will contact you and only proceed with the Order once you have confirmed the new price.
6.3 Pricing errors
In the unlikely event that a Product is listed at an incorrect price due to a typographical, system or pricing-feed error, we are not obliged to supply the Product at the incorrect price. We will notify you of the error as soon as reasonably possible and give you the option to (a) confirm the Order at the correct price or (b) cancel the Order and receive a full refund of any amount already paid.
6.4 Stock availability
Listings on the Website do not constitute a guarantee that an item is in stock. While we endeavour to keep stock counts accurate, our online catalogue and our 80+ store inventory feeds are independent and stock can move quickly. If a Product becomes unavailable after you place an Order, we will contact you to offer a refund, alternative title or backorder.
7. Orders & Contract Formation
Your Order is an offer to buy the Product(s) at the listed price. No contract of sale is formed when you submit an Order or receive an automated order-acknowledgement email. A binding contract of sale only comes into existence when:
- we have received cleared payment for the Order; and
- we have sent you an email confirming that the Order has been accepted and is being prepared for dispatch.
Until a contract has been formed, we may decline or cancel any Order, including (without limitation) where:
- the Product is no longer available;
- there has been a pricing or product-information error;
- we are unable to verify your identity, address or payment;
- the Order is suspected of being fraudulent.
8. Payment
We accept the payment methods displayed at checkout, which may from time to time include credit and debit card, Instant EFT (Ozow), PayFlex (buy-now-pay-later), and other payment gateways. All card and instant-EFT payments are processed by third-party PCI-DSS-compliant payment service providers; we do not store your full card details on our systems.
Goods remain our property until full payment has been received in cleared funds.
Where you pay using a buy-now-pay-later service such as PayFlex, your relationship with that provider (including their repayment terms, fees and credit checks) is governed by their own terms and conditions, in addition to these Terms.
9. Delivery
We deliver to physical addresses within the Republic of South Africa using third-party courier and postal partners. Delivery fees, methods and indicative timeframes are shown at checkout and described in more detail on our Delivery page.
Delivery times are estimates only. While we make every reasonable effort to meet them, we do not guarantee a specific delivery date. Delays may occur due to courier capacity, load shedding, weather, public holidays, customs (where applicable) or events beyond our reasonable control.
Risk in the Goods passes to you on delivery to the address you specified. If you ask us to deliver to an address other than your own, or authorise the courier to leave a parcel at the door, you accept the risk that comes with that instruction.
You must inspect your Goods on receipt and notify us within seven (7) days of any visible damage, missing items or short-delivery so that we can investigate.
10. Cooling-off Period
Where section 44 of the ECT Act applies, you may cancel an Order for Goods purchased online without reason or penalty within seven (7) business days of receiving the Goods.
To exercise the cooling-off right:
- email us at customerservice@bargainbooks.co.za within the seven business-day period quoting your order number;
- return the Goods to us, unused, in their original packaging and in a re-sellable condition;
- bear the direct cost of returning the Goods to us, unless the cancellation is due to a defect or our error.
Once we have received the Goods and verified their condition, we will refund the purchase price (excluding the original delivery charge) within thirty (30) days, using the same payment method you used to pay.
Section 42(2) of the ECT Act excludes certain Goods from the cooling-off right, including (among others) audio or video recordings, computer software and newspapers, periodicals, magazines and books where the original packaging has been unsealed.
11. Returns, Refunds & Exchanges
Outside of the cooling-off period above, we offer a goodwill return and exchange policy in line with the Consumer Protection Act, as set out on our Returns page.
To qualify for a goodwill return or exchange:
- the Product must be unused, in its original packaging, with all tags, seals and supplied accessories intact;
- proof of purchase (order number or till slip) is required;
- gift cards, sealed digital media that has been opened, and clearance items marked “non-returnable” are excluded.
Approved refunds are processed using the original payment method within fourteen (14) business days of our receiving the returned Goods. Exchanges are subject to stock availability.
Nothing in this clause limits any rights you have under the CPA or any other applicable law.
12. Defective or Damaged Goods
In terms of section 56 of the CPA, every Product we sell is covered by an implied warranty that it is of good quality, in good working order, free of defects, useable for its intended purpose and durable for a reasonable period (the “implied warranty”), in addition to any manufacturer’s warranty.
If a Product is defective or unsafe, or fails the implied warranty within six (6) months of delivery, you may at your election require us to:
- repair the Product;
- replace the Product; or
- refund the purchase price.
To make a claim under the implied warranty, please contact us at customerservice@bargainbooks.co.za with your order number and a clear description (and, where possible, photographs) of the defect. We will arrange collection of the Product and assess the claim.
The implied warranty does not cover damage caused by misuse, ordinary wear and tear, or alterations to the Product after delivery.
13. Bargain Club Loyalty Programme
The Bargain Club is a customer loyalty programme that rewards qualifying purchases with points and benefits. Full programme rules — including how points are earned, how they may be redeemed and any limits or expiry periods — are published on our Rewards page and are incorporated into these Terms by reference.
Bargain Club membership is subject to the following:
- membership is voluntary, free, and personal to you — points cannot be transferred, sold, exchanged for cash or used by any person other than the registered member;
- points are awarded on the qualifying purchase value and may be reversed if the underlying transaction is reversed, refunded or charged back;
- we may amend the programme rules, the points-earn ratio, qualifying products or any other element of the programme on reasonable notice; and
- we may suspend or terminate any membership where we reasonably believe the programme has been used fraudulently or in breach of these Terms.
14. Promotions, Vouchers & Competitions
14.1 Promotions and discount codes
Promotions, vouchers, gift cards and discount codes are subject to the specific terms published with each offer (e.g. validity period, minimum-spend thresholds, single-use, exclusions). Where there is a conflict between these Terms and an offer’s specific terms, the offer’s terms prevail in respect of that offer.
Discount codes have no cash value, cannot be combined unless we expressly say so, and are forfeited if the underlying Order is cancelled or returned.
14.2 Competitions
Competitions and giveaways run by Bargain Books are governed by their own competition rules, as required by the CPA. Those rules are published alongside each competition on our Competitions page.
15. User-Generated Content
The Website may from time to time allow you to submit reviews, comments, ratings, questions or other content (“User Content”). By submitting User Content, you grant us a non-exclusive, royalty-free, perpetual, worldwide licence to use, reproduce, edit, publish and display that content on the Website and in our marketing.
You undertake that any User Content you submit:
- is your own original work or that you are authorised to share it;
- is accurate, lawful and does not infringe any third party’s rights (including intellectual-property and privacy rights);
- is not defamatory, harassing, obscene, hateful, threatening or otherwise objectionable;
- does not contain spam, malware, advertising or solicitations.
We may, but are not obliged to, moderate User Content and may remove or refuse to publish any submission at our sole discretion.
16. Intellectual Property
All content on the Website — including the “Bargain Books” name, logo, the “South Africa’s Favourite Bookstore” tagline, “The Margin” blog branding, text, graphics, photographs, illustrations, layout, software and the compilation of all of these — is owned by or licensed to Bargain Books and is protected by copyright, trade-mark and other intellectual-property laws.
You may view, download and print pages from the Website for your own personal, non-commercial use, subject to these Terms. You may not otherwise copy, reproduce, distribute, modify, transmit, re-publish or commercially exploit any content from the Website without our prior written consent.
Book covers, author photographs, blurbs and other publisher- supplied material are reproduced on the Website with the permission of the relevant rights-holders and remain their property.
17. Third-Party Links & Services
The Website may contain links to third-party websites, applications or services (including payment gateways, courier tracking pages, social-media platforms and book-publisher sites). Those links are provided for your convenience only.
We do not control, endorse or assume responsibility for the content, products, services, privacy practices or terms of any third-party site or service. Your use of any third-party site or service is at your own risk and is governed by that third-party’s own terms.
18. Disclaimers & Limitation of Liability
We make every reasonable effort to keep the Website available, up to date and free from error and malicious code. However, other than as expressly provided in these Terms, the Consumer Protection Act and other applicable law, the Website and its content are provided “as is” and “as available”.
To the fullest extent permitted by law, and without limiting any right you have under the CPA, the ECT Act or POPIA:
- we will not be liable for any indirect, incidental, consequential, special or punitive damages arising out of or in connection with your use of the Website or any Product purchased through it;
- our total aggregate liability to you for any claim arising under these Terms is limited to the amount you actually paid us for the Goods giving rise to the claim;
- we will not be liable for any loss arising from your failure to comply with these Terms.
Nothing in these Terms is intended to limit or exclude any liability that cannot lawfully be limited or excluded — including liability for death or personal injury caused by our gross negligence, fraud or wilful misconduct.
19. Indemnity
You agree to indemnify and hold us, our employees, directors, members and suppliers harmless from any claim, demand, loss or expense (including reasonable legal fees) arising out of or connected with: (a) your use of the Website in breach of these Terms; (b) any User Content you submit; or (c) your violation of any applicable law or third-party right.
20. Privacy & POPIA
We process your personal information in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA) and as described in our Privacy Policy, which forms part of these Terms.
By using the Website you consent to the collection, use, storage and disclosure of your personal information as described in the Privacy Policy. You may withdraw your consent or exercise any of your POPIA rights (access, correction, deletion, objection) by contacting us at customerservice@bargainbooks.co.za.
22. Changes to these Terms
We may change these Terms from time to time, for example to reflect changes in our services, the law or operational practice. The current version of the Terms will always be available at bargainbooks.co.za/terms and the “Last updated” date at the top of the page will indicate when they were last revised.
Where a change materially affects your rights, we will use reasonable efforts to bring the change to your attention (for example, by email or an on-site notice) before it takes effect. Continued use of the Website after a change has taken effect constitutes your acceptance of the revised Terms.
23. Force Majeure
We will not be in breach of these Terms, nor liable for any delay or failure to perform our obligations, where the delay or failure is caused by an event beyond our reasonable control — including (without limitation) acts of God, fire, flood, extreme weather, civil unrest, strikes, sabotage, load-shedding, cable theft, supplier or courier failure, cyber-attacks, pandemics, epidemics or governmental action.
24. Severability & General
If any provision of these Terms is found to be unlawful, void or unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect.
Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision. These Terms (together with our Privacy Policy and any policies referenced in them) constitute the entire agreement between you and us in respect of the Website and supersede any prior arrangement.
You may not cede or assign your rights under these Terms without our prior written consent. We may cede or assign our rights and obligations to any successor or affiliate on reasonable notice.
25. Governing Law & Dispute Resolution
These Terms are governed by and interpreted in accordance with the laws of the Republic of South Africa.
If you have a complaint, please contact us first at customerservice@bargainbooks.co.za so that we have an opportunity to put things right. We will acknowledge your complaint within five (5) business days and aim to resolve it within twenty (20) business days.
If we are unable to resolve a dispute directly, you have the right to refer the dispute to:
- the National Consumer Commission (www.thencc.org.za);
- the Consumer Goods and Services Ombud (www.cgso.org.za); or
- a competent South African court of appropriate jurisdiction.
The parties consent to the non-exclusive jurisdiction of the Magistrates’ Court of South Africa, regardless of monetary value, in respect of any action or proceeding arising from these Terms.
26. Contact Us
If you have any questions about these Terms, please contact us:
- Email: customerservice@bargainbooks.co.za
- Telephone: +27 21 706 1461
- Online: bargainbooks.co.za/help#contact