BluEagle.co.za Terms of Service
These Terms and Conditions constitute the entire agreement between you, the customer, and BluEagle.co.za ("Aquilla Advisors cc", "us", "we", "our"). If you visit or shop at blueagle.co.za, or if you create hyperlinks to BluEagle.co.za, you accept and agree to comply with the most recent version of this agreement in its entirety. When placing an order, the agreement in force at the time of your placing the order will apply to that order and its related transactions. Any hypertext links from this agreement to text elsewhere on this site shall be deemed to form part of this agreement.
We reserve the right to amend this agreement or any parts thereof at any time and without notice. Amendments to this agreement take effect 24 hours after the agreement has been amended on our web site, and your continued use of the site implies your acceptance of the agreement as amended.
No hidden fees or buying obligations
There are no fees for registering, or for having an account, with BluEagle.co.za. There are no buying obligations – you order what you want, when you want to.
No unsolicited emails
You do not have to agree to sign up for our mailing list. You can opt-out of our mailing list, at any stage, on the website or by contacting us directly. You can choose whether or not you want to receive availability notifications for wish list items.
We take security very seriously. Our servers have been rigorously checked to ensure that they are not vulnerable to unauthorised access and activity on the servers is continually monitored.
Please refer to our Returns Policy for more information about returning products (and related refunds, replacements or repairs). The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
The prices displayed are not Vatable. Delivery costs are charged separately on check out and do not form part of the product price displayed.
Though we endeavour to ensure that the prices displayed on the website are accurate, we offer several products for sale at any time and it is impossible for us to monitor the prices of all individual products manually. While we go to lengths to ensure that the prices we display are accurate, we are reliant on our suppliers for providing accurate pricing information and as a result it is possible that erroneous prices may be displayed from time to time. In such cases, we shall not be obliged to sell the product at the erroneous price, and will correct erroneous prices as soon as we become aware of them.
Displaying a price on the website does not constitute any undertaking by us to maintain that price for any length of time. We will always endeavour to complete your order at the price quoted at the time that the order was placed, but in cases of erroneous pricing or where our suppliers deplete their reserves of specially priced stock, we may cancel all or a portion of your order and fully refund any advance payments that you have made toward the affected products.
If you pay by credit card, we will authorise (reserve) the amount of the order at the time of the order being placed and we will debit the card as soon as we actually start processing the order. Any subsequent cancellations will be refunded to the card.
We do not store your credit card details but our payment gateway Payfast does all that.
Payfast may require further authentication on credit card payments, which they will request from you after you have submitted your payment.
All refunds will be credited to your customer account.
There is no interest payable on the balance in your customer account.
For deliveries we use the The Courier Guy. We reserve the right to use any other service providers as needed.
You need to ensure that you provide us with a valid delivery address and contact number and choose the correct delivery address and delivery method during the checkout process.
For further information regarding our delivery rates and terms & conditions Read more...
Please contact us if you do not receive your parcel within the estimated delivery time provided and we will happily assist in locating it.
You accept that in order for us to prove delivery of an order, or part thereof, we do not have to prove that you personally received the goods, but that any person at the delivery address specified on your order signed for the delivery. We do not make use of the post office or depot collections.
Unfortunately, proof-of-delivery records cannot be retained indefinitely and if a delivery has been dispatched by us and not reported missing by you within six months of us having dispatched it, the package will be deemed to have been delivered without us having to provide proof of delivery.
Should a delivery be returned to us as undeliverable, we will let you know and request that you to make arrangements to either have the parcel collected from us or re-delivered to you. You authorise us to dispose of, donate, or resell the contents of parcels not collected within six months of such request being made.
Should you choose to collect your order or parts thereof from us, we will let you know once each parcel is ready for collection. You authorise us to dispose of, donate, or resell the contents of parcels not collected within six months of such notification being sent.
Should you receive a delivery where the contents of the package do not match the items listed on the dispatch note included in the package, you agree to notify us without delay and we will not be liable for shortages not reported within seven days of you having received the package.
Delivery made to areas outside of the delivery areas of our service provider will be charged at higher rates and must be paid by the customer in addition to the price of the product purchased.
Age restrictions and age suitability
The onus is on you to ensure that you and/or the person for whom you may be buying a product on the Website, meet any age restrictions applicable to such products ordered by you on the Website, that these restrictions are observed, that you are over 18 and that any product bought is age appropriate. Accordingly, you indemnify BluEagle.co.za from any and all liability in this regard, including any liability arising as a result of your failure to provide accurate information in this regard when completing the BluEagle.co.za Website registration process.
Delayed / cancelled orders
Most orders are dispatched on time but unfortunately, unexpected delays can occur and we may not be able to dispatch items within the schedule provided. Items can run out of stock or be discontinued without warning, and we may not be able to fulfil orders for that item. We will do our best to keep you informed of any unexpected delays, stock shortages or discontinued items.
If we are not able to dispatch or deliver an item to you within the schedule provided, you may refuse a delivery, cancel your order or return the parcel to us, and we shall refund you in full.
Agreement of sale / cancellations
An order is placed with us only after you have clicked on the [Pay for this order] button. Your order is an offer to purchase the goods from us. We only accept your offer once we have dispatched the goods or you have collected them from us. We do not need to communicate our acceptance to you.
Placing an item in your cart does not constitute an order and we cannot be held liable if the item is no longer available, or if the price has changed by the time the checkout process is completed.
We reserve the right to cancel an order at any point in time without giving any reasons. In this case, we shall be liable to refund any money already paid in respect of that order.
Please note that our website will show an item as being available even if only one unit is available to purchase. If you order multiple units of the same item, we may not be able to supply additional units at the same price, within the same time frame, or in some cases, at all. Please contact us to check availability of multiple units prior to placing an order.
Using and Accessing BluEagle.co.za
This site is for personal use only. You may not make use of content from this site, whether direct or derived, for any commercial purpose whatsoever. You may not use any form of automated search or download technology to access this site unless it is according to the guidelines set forth in our http://www.BluEagle.co.za/robots.txt file. You may not frame or utilise framing techniques to enclose any content on this site without our express written consent.
You are granted a limited, revocable, and nonexclusive right to create hyperlinks to BluEagle.co.za web pages as long as such links do not portray BluEagle.co.za or its affiliates or products or services in a false, misleading, derogatory, or otherwise offensive matter.
Disclaimer and limitation of liability
This site is provided "as is", and you use this site at your own risk. Neither BluEagle.co.za, its directors, employees, affiliates, agents or suppliers shall be responsible for any damages or loss resulting from or relating to the use of this site or any of its content, irrespective of the cause of the damages.
We make no representations or warranties of any kind, whether express or implied.
We disclaim all representations and warranties including but not limited to the site and its availability, the content of the site or the accuracy thereof, product availability and delivery times, merchantability or fitness for a particular purpose of information, goods or services.
No party will be responsible for any breach of this agreement caused by circumstances beyond its control, including flood, fire, earthquake, war, tempest, hurricane, industrial action, government restrictions, or acts of God.
If there is an event of force majeure, the party affected will tell the other immediately, and they will meet within seven days to negotiate other ways to carry out any affected responsibilities under this agreement. The parties will continue to comply with the responsibilities that are not affected by the circumstances.
If a party cannot fulfil a material (significant) part of its responsibilities under this agreement for more than 60 days because of force majeure, the other party may cancel this agreement by written notice.
Changes and acceptance of terms
We may change the terms at any time and where this affects your rights and obligations, we will notify you of any changes by placing a notice in a prominent place on our website or by email. If you do not agree with the change you must stop using the services. If you continue to use the services following notification of a change to the terms, the changed terms will apply to you and you will be deemed to have accepted such terms.
If you do not agree with the changes, you must stop using the service. If you continue to use the service following notification of a change, the changed terms will apply to you and you will be deemed to have accepted them.
Any favour we may allow you will not affect or substitute any of our rights against you.
If any term is void (invalid), unenforceable, or illegal, the term may be severed (removed) from and will not affect the rest of this agreement if it does not change its purpose.
This agreement shall be governed by and interpreted according to the laws of the Republic of South Africa.
Our domicilium citandi et executandi (physical address) for all purposes under this agreement is: 425A Ronald Street, Garsfontein, 0081. Our PO Box address is PO Box 1347, Menlyn Central, 0077.
Last updated: 15/12/2017