Terms & Conditions

Website Terms and Conditions of Use Relating to www.jaykaysherbal.co.za; JBK Herbal (Pty) Ltd and any of its subdomains.

These Terms and Conditions ("the Terms and Conditions") governs your ("the User") use of the JBK Herbal (Pty) Ltd ("the Provider") website located at the domain name www.jaykaysherbal.co.za ("the Website") and any of its subdomains. By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. The User may not access, display, use, download, and/or otherwise copy or distribute Content obtained on the website for marketing and other purposes without the consent of JBK Herbal (Pty) Ltd.

1.       Electronic Communications

By using this Website or communicating with JBK Herbal (Pty) Ltd by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.

2.       eCommerce and Privacy

The Website www.jaykaysherbal.co.za sells vitamins, supplements, natural remedies and weight management products online. The use of any product bought from this Website is at the purchaser's risk. The purchaser/user indemnifies and holds JBK Herbal (Pty) Ltd harmless against any loss, injury or damages which may be sustained as a result of using the products sold on the Website.

The private information required for executing the orders placed through the eCommerce facility, namely the User's personal information and credit card details, delivery address and telephone numbers will be kept in the strictest confidence by JBK Herbal (Pty) Ltd and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the product.

JBK Herbal (Pty) Ltd undertakes that it has taken all reasonable precautions to secure the credit card processing that is carried out to receive payment for goods sold. JBK Herbal (Pty) Ltd cannot be held responsible for security breaches occurring on the User's electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.

3.       Agreement of Sale

An agreement of sale between JBK Herbal (Pty) Ltd and a customer is only valid once payment has been made and the company receives proof of payment. Up until this point all goods remain the property of JBK Herbal (Pty) Ltd.

4.       Cookies

4.1.              What is a Cookie?

A cookie is a basic text file that is stored on your device (computer, mobile phone, tablet or other) by a website’s server. Each cookie is unique to your web browser, and contains completely anonymous information such as a unique identifier and the website name. This allows a website to remember things like your personal preferences, products you prefer or what’s in your shopping basket.

4.2.              Why Do We Use Cookies?

Our Website utilises first and third party cookies. This enables us to: a) Improve the User's experience on our Website through various means such as storing preferences (like keeping a User logged in) or determining aggregate usage behaviour (time on site, number of pages viewed, etc.) through web analytics tools like Google Analytics. b) Provide more relevant Display Advertising to Users who have visited the Website, using third party tools such as the Google Analytics Remarketing.

4.3.              Cookie Opt Out

Most web browsers provide the option to block some or all cookie types should you wish to. Users can also opt out of the Google Display Network using the Ads Preferences Manager. Because our Website's features utilise cookies, we recommend that Users do not block them.

5.       Delivery Policy

Subject to stock availability with suppliers and receipt of payment, requests may be processed within 7 working days and handed over to a courier company for delivery. Unless otherwise specified, all delivery, irrespective of parcel size or dimensions, will cost R125. For very remote areas not serviced by standard couriers JBK Herbal (Pty) Ltd will deliver via the Post Office, or to the nearest town to the User that is accessible by the courier company within their normal routes. In these circumstances JBK Herbal (Pty) Ltd will be in contact with the User to arrange an alternative address.

JBK Herbal (Pty) Ltd will supply all goods to the delivery company in good order and will ensure that goods arrive at the User's chosen delivery address in the same good order.

Please note that all delivery costs quoted on the website do not include bulk and wholesale orders. JBK Herbal (Pty) Ltd reserves the right to change the delivery costs according to the wholesale and bulk orders.

Any complaints regarding the standard and quality of the product or products bought by consumers through the eCommerce facility should be directed to orders@jaykaysherbal.co.za.

6.       Returns / Refund Policy

Cancelled orders on the eCommerce facility will be refunded after deduction of a 10% charge for administration costs. JBK Herbal (Pty) Ltd reserves the right to cancel an order for which payment has already been received. This may occur if stock is insufficient or the quality of goods ordered does not meet JBK Herbal (Pty) Ltd's standards. Should JBK Herbal (Pty) Ltd exercise this right, the User will receive a full refund with no deductions.

If on receiving your order you are not delighted with your purchase, let us know within 14 days and we will gladly collect it at our expense and provide you with a refund provided the item is in its original condition and original packaging. If you have used a product and found it to be damaged or faulty, we will collect the product at our expense and either replace, refund or repair the item, depending on the circumstance.

Although seldom charged, we reserve the right to charge a 10% administration fee for returned orders should the returns process incur significant administration expenses.

7.       Customer Privacy Policy

JBK Herbal (Pty) Ltd 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/attachment.php?aa_id=3569.

8.       Payment Options

Payment may be made via Visa, MasterCard, Diners or American Express or by bank transfer into JBK Herbal (Pty) Ltd's bank account, the details of which will be provided after checkout.

9.       Credit Card Acquiring and Security

Credit card transactions will be acquired for JBK Herbal (Pty) Ltd via Paygate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO 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.

10.    Customer Details Separate from Card Details

Customer details will be stored by JBK Herbal (Pty) Ltd separately from card details which are entered by the client on DPO PayGate’s secure site.

For more detail on DPO PayGate refer to www.paygate.co.za.

11.    Merchant Outlet Country and Transaction Currency

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR).

12.    Responsibility

JBK Herbal (Pty) Ltd 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.

13.    Country of Domicile

This website is governed by the laws of South Africa and JBK Herbal (Pty) Ltd 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, Shop 6, Usave Centre, 98 4th Avenue, Kew, 2090.

 

14.    Updating of These Terms and Conditions

JBK Herbal (Pty) Ltd reserves the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time, without notice. 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 on 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.

15.    Copyright and Intellectual Property Rights

JBK Herbal (Pty) Ltd provides certain information on the Website. Content currently or anticipated to be displayed on this Website is provided by JBK Herbal (Pty) Ltd, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs ("the Content"). All such proprietary works, and the compilation of the proprietary works, are copyright of JBK Herbal (Pty) Ltd, its affiliates or subsidiary, or any other third party owner of such rights ("the Owners"), and is protected by South African and international copyright laws. JBK Herbal (Pty) Ltd reserves the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.

16.    Limited License to General Users

JBK Herbal (Pty) Ltd grants to the User, subject to the further terms of these Terms and Conditions, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and informational purposes only.

This Website and the Content may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial purpose without the express prior written consent of JBK Herbal (Pty) Ltd. The license does not allow the User to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative use of this Website or the Content for the benefit of another merchant. The User may not frame nor use framing technologies to enclose JBK Herbal (Pty) Ltd Website or the Content nor any part thereof without the express written consent of JBK Herbal (Pty) Ltd. JBK Herbal (Pty) Ltd and the Owners do not offer products or services to minors. If you are under the age of 18, you may not respond to or otherwise accept or act upon any offers in the Website.

JBK Herbal (Pty) Ltd and the Owners, their affiliates or subsidiary reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Any unauthorised use terminates this license.

17.    Limitation of Liability

The Website and all Content on the Website, including any current or future offer of products or services, are provided on an "as is" basis, and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither JBK Herbal (Pty) Ltd nor any holding company, affiliate or subsidiary of JBK Herbal (Pty) Ltd, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if JBK Herbal (Pty) Ltd is expressly advised thereof.

18.    Privacy: Casual Surfing

The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. JBK Herbal (Pty) Ltd uses this information to determine use of the Website, and to improve content thereon. JBK Herbal (Pty) Ltd assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation. 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/attachment.php?aa_id=3569

19.    Choice of Law

This Website is controlled, operated and administered by JBK Herbal (Pty) Ltd from its offices within the Republic of South Africa. Access to the Website from territories or countries where the content or purchase of the products sold on the Website is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Johannesburg High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between JBK Herbal (Pty) Ltd and the User with regard to the use of the Content and this Website.

20.    International Delivery

JBK Herbal (Pty) Ltd is based in South Africa and currently only accepts orders with South African delivery addresses.

21.    Disclaimer

It is our mission that all information on this website is as accurate and up to date as possible, and that all products promoted cause no harm to our customers or the environment. However, due to the possibility of human and technical error, JBK Herbal (Pty) Ltd accepts no responsibility for the accuracy or completeness of information provided on the website. Neither do we accept responsibility for any adverse reactions that any of our products may cause. While we have taken every reasonable measure to ensure that the products promoted on this website are of the highest quality and safety, the recommendations on this site are not the advice of a medical practitioner. We therefore advise the consultation of a medical practitioner if there is ever any doubt as to the use of the products. Unless otherwise stated, this medicine has not been evaluated by the Medicines Control Council and is not intended to diagnose, treat, cure or prevent any disease.

22.    Contact Information

This website is run by JBK Herbal (Pty) Ltd based in South Africa trading as JBK Herbal (Pty) Ltd and with registration number 2021/511961/07 and Directors Jaishal Karsen.

If you have any questions, queries or wish to request permission to use any part of this website, please contact us at:

JBK Herbal (Pty) Ltd

Physical address:

Shop 6, Usave Centre, 98 4th Avenue, Kew, 2090


Postal Address:

P.O.Box 96291

Brixton

2019

 

Email address: info@jaykaysherbal.co.za

Telephone: 082 927 8524

Secure Payments handled by Paygate.