Terms & Conditions
These Bdyrkt terms and conditions consist of the following sections: 1. Introduction; 2. Purchase Terms; 3. Use of the Website and 4. Miscellaneous, as well as the terms and conditions dealing with specific matters in any policy or document to which a link access is provided herein.
www.bdyrkt.com (the “Website”/”Site”) is owned by and/or operated by or on behalf of Modjadji Imaging Centre (Pty) Ltd, Corner of Northdene & Verwoerd, Zuurfontein, Vanderbijlpark, Gauteng, South Africa, 1912, (“Bdyrkt/we/us”).
If you place an order through this Website, upon confirmation that such order is accepted, a sales contract will be executed between you and us, which will be governed by these Bdyrkt Terms and Conditions and specifically by the Purchase Terms mentioned below.
2. Purchase Terms
Please read these Purchase Terms carefully before ordering Products online from the Bdyrkt Website. Please note that these Purchase Terms include the terms contained in those pages to which a link is provided within these Purchase Terms.
2.1 When Do These Purchase Terms Apply?
These Purchase Terms apply to all offers and contracts relating to the sale and delivery of Products by Bdyrkt. In other words, you agree to these Purchase Terms, when you (i) order anything from the Website or (ii) at any web page directly connected to the Website or when you accept an offer from Bdyrkt. It is only possible to deviate from these Purchase Terms if agreed in writing by Bdyrkt.
2.2 Requirements To Conclude A Contract With Bdyrkt
- You have to be 18 years of age or older to buy Products via the Website.
- You can order on the Website if you are a consumer or a reseller.
- You guarantee that the information you provide to Bdyrkt in the request or order is accurate and complete.
- Final sign off of artwork Computer Aided Design (CAD)
2.3 How And When Is A Contract Concluded With You?
All information on the Website is an invitation to treat only and the information is not an offer or binding contract. You agree that your order is an offer to purchase the Products listed in your order.
Bdyrkt is entitled to verify an order in advance at all times and/or to refuse to accept an order without providing reasons and with no liability to you or any third parties. If Bdyrkt does not confirm acceptance of your order within ten working days, it is deemed to have been refused.
All orders submitted by you are subject to acceptance by Bdyrkt. We may choose not to accept your order at our own discretion. Examples of when we may not accept your order are as follows:
- If Products are shown on the Website but are not available;
- If an order is below the minimum order threshold;
- If we are unable to obtain authorisation of your payment;
- If shipping restrictions may apply to a Product;
- If Products shown on the Website contain a manifest error such as being incorrectly priced or otherwise incorrectly described.
After your order has been placed, we will send you an order acknowledgement email with your order number and details of the Products you have offered to purchase and details of any delivery services. Artwork and sampling will then commence.
2.4 Retention Of Title
All Products will remain the property of Bdyrkt until you have paid all amounts owing to us in full under any agreement, including the payment of costs, earlier or later deliveries or partial deliveries. You may not sell, dispose of or encumber any Product before full title thereof has passed to you.
2.5 Quality And Maintenance Of Products
Minor differences in colour and other variations in Products are possible as a result of different image acquisition methods, artwork briefing, available information, and layout and finishing techniques. Bdyrkt will advise and guide customers through the production process, but is not liable for variations and deviations after Final Artwork has been signed off.
Bdyrkt draws your attention to the washing and maintenance instructions printed on the labels of the Products. Bdyrkt is not liable for any damage resulting from incorrect handling of Products, including handling contrary to the instructions.
2.6 Artwork & Production Timelines
Bdyrkt will always strive to ensure that it not only manufactures a high quality product that looks great, but that Products are produced and delivered on time in accordance with the customer’s request. Such requests will be taken in to account and confirmed on Final Artwork signoff, but as a general rule production timelines are 6 weeks from Final Artwork signoff.
The majority of Bdyrkt Products are fully customizable. As such, Bdyrkt will require information from the customer in the form of logo’s, pantone colours, name and number information, design ideas and any other information pertinent to the design of the product for the customer. Bdyrkt will communicate with the customer to assist in getting the required artwork information in order to meet the customers deadline. However, failure to supply the artwork in time to Bdyrkt does not form a breach of contract by Bdyrkt, and the customer will be responsible for the protracted delivery date.
CAD artwork can be supplied to Bdyrk, but will require Bdyrkt’s graphic designers to redesign the supplied CAD in order to comply with Bdyrkt artwork requirements. The conversion from a CAD design to a finished product will yield slight variations in terms of artwork fit and alignment due to CAD interpretation on to Final Layups, and the customer accepts this on Final Artwork signoff. Under no circumstances will Bdyrkt provide a customer with Final Layup artwork as this remains the IP of Bdyrkt.
Final artwork will be supplied to customers on the Bdyrkt CAD template, and will require approval by signature (scanned and emailed), or written approval sent to firstname.lastname@example.org. Production timelines communicated to a customer start on Final Artwork signoff. No artwork changes will be accepted after this. If artwork is changed after Final Artwork signoff, Bdyrkt may levy a charge in part or in full of the order depending on how far in to production Bdyrkt is. When new artwork is signed off, new production timelines will commence on the order from date of the revised Final Artwork.
All Bdyrkt products display the Bdyrkt logo in accordance with the Bdyrkt Corporate Identity CI Guide, and all offers to purchase accept this on placement.
Sampling for a customer is at the discretion of Bdyrkt, and is considered based on the size and complexity of an order, and associated delivery times of the order. Bdyrkt will agree to sampling and advise the customer of total order turnaround times which will be in addition to the original production timelines.
Bdyrkt will sample on its standard patterns and will not accept any variations thereto. Sampling is purely for a customer to check artwork and sizing.
2.8 Cancelling Your Order
You may cancel your order before artwork is produced by contacting our Online Shop Customer Service Team.
- The stated prices include VAT and are quoted in South African Rand.
- Bdyrkt reserves the right to change, limit or terminate any special offers or discounts at any time.
- Bdyrkt charges delivery costs and is defined under the Delivery Information section on our Website. These costs will, if applicable, be charged separately, itemised and added up with the total amount of the order.
2.10 Methods Of Payment
Please check the Website for information on available Payment Information.
Where we elect, or are required by applicable law, to issue or make available an invoice, Bdyrkt reserves the right to issue or make available electronic invoices and you agree to such form of invoicing.
Bdyrkt will deliver during business hours to the address indicated by you within South Africa. Bdyrkt can only deliver to a home or office address. For detailed information about delivery periods, please check the specifications for the different types of delivery on checkout, or by visiting the Delivery Information section of our Website.
Note that Delivery periods are indicative and are therefore not regarded as strict deadlines. The mere fact that a delivery period is exceeded does not entitle you to compensation.
Bdyrkt is entitled, insofar as reasonably possible, to make split deliveries so that you receive your Products as soon as possible. There are no additional costs associated with such split deliveries. However, in the event that you request that Bdyrkt deliver in parts, Bdyrkt may charge you for extra delivery costs. Each split order shall constitute a separate sales contract. If Bdyrkt is late delivering a part or one split order is faulty, that will not entitle you to cancel any other split order.
In the unlikely event that, after entering into the sales contract, Bdyrkt can no longer deliver your Products and is not responsible for this situation, Bdyrkt will be entitled to terminate the sales contract. Bdyrkt will, of course, inform you as soon as reasonably practicable and reimburse any payments made.
2.13 Return Of Products
Bdyrkt will only accept returns for products where the final product differs from the signed off Final Artwork. In the unlikely event that such an oversight occurs, Bdyrkt will replace the incorrect products as quickly as possible.
2.14 Damaged Or Defective Products
At Bdyrkt quality is paramount. We thoroughly test all our Products in real-life conditions to ensure they are fully capable of standing up to the uses for which they were designed. It is extremely rare for our Products to be damaged or defective. Returned Products are inspected by the Bdyrkt Quality Assurance Department and replaced if the damage is the result of a manufacturing defect, materials quality or deviation from factory specifications.
We do not replace Products if:
- Damaged by abuse or negligence (exposure to chemicals, caustic substances, open flame, high heat, sharp object, etc.)
- Damaged by misuse or activities other than the intended purpose (e.g. use of t-shirt for a rugby game)
Please note the life expectancy of any Bdyrkt Product depends on the individual using the Product, the conditions of use, and the characteristic wear patterns of the user. Our Products damaged by normal wear and tear or that have exceeded the reasonable lifespan of the Product are not replaced.
3. Use Of The Website
These Terms and Conditions governing the use of the website apply to all visits and uses of the website, as well as to the content, information, recommendations, products and services provided to you on or through the website. By accessing and using the website, you grant your consent to these Terms and Conditions in their entirety in addition to any other law or regulation that applies to the website and the Internet. If you do not agree to these Use of the Website Terms and Conditions, please leave the Website immediately.
3.1 Content On The Website
All of the content featured or displayed on the website, including, but not limited to, logos, icons, trade marks, text, graphics, photographs, images, moving images, sound, illustrations and software (Content), is owned by Bdyrkt, its affiliated companies, its licensors and/or its content providers. All elements of the website including, but not limited to, the general design and the Content, can be protected by copyright, moral rights, database rights, trade mark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with Bdyrkt, no portion or element of the website or its Content may be copied or retransmitted via any means. The website, its Content and all related rights shall remain the exclusive property of Bdyrkt, its affiliated companies or its licensors unless otherwise expressly agreed. All such rights are reserved.
3.2 Operator Of The Website
This Website is operated and maintained by Bdyrkt.
3.3 Copyright And Trademarks
The copyright in all Content is and remains owned by Bdyrkt, its affiliated companies or its licensors as appropriate. Except as may be otherwise indicated in specific documents within the Site, you are authorized to view, play, print and download Content found on the Site for personal, informational, and non-commercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content. You may not reuse any Content without first obtaining the consent of Bdyrkt. For purposes of these terms, the use of any such Content on any other website or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from Content found on the Site.
In the event you download software (including but not limited to screensavers, smart phone applications, icons, videos and wallpapers) from the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the Software) are licensed to you by Bdyrkt. Bdyrkt does not transfer title to the Software to you. You own the medium on which the Software is recorded, but Bdyrkt retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
All trademarks, service marks, logos and trade names which appear on products of Bdyrkt product packaging and/or on the Site, whether registered or not (including but not limited to the word mark “Bdyrkt”, “Bodyrocket”) (the Trade Marks) remain the exclusive property of Bdyrkt, its affiliated companies or its licensors (as appropriate) and are protected by applicable trade mark laws and treaties. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of the Trade Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Site, without Bdyrkt’ prior written consent. The use of any of the Trade Marks on any other website or network computer environment, for example the storage or reproduction of (a part of) the Site in any external internet site or the creation of links, hypertext, links or deeplinks between the Site and any other internet site, is prohibited without the express written consent of Bdyrkt.
3.4 Disclaimer of Warranties
The Site and the Content are free of charge and provided ‘as is’ and without any warranties of any kind. The information on the Site is for general information purposes only and does not constitute advice.
Bdyrkt does not represent or warrant that the information and/or facilities contained in the Site are accurate, complete or current, or that the Site or the server that makes the Site available are free of viruses or any other harmful components. Further, Bdyrkt will not provide for specific IT infrastructure or connectivity. Thus Bdyrkt cannot represent or warrant the Site will be uninterrupted or error free. Bdyrkt does not make any warranties or representations regarding the use of the Content on the Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, in each case to the fullest extent permitted by applicable law.
3.5 Limitations Of Liability
Your use of the Site is at your own risk. Neither Bdyrkt, nor any of its employees, officers, directors nor any of its agents or any other party involved in creating, producing or delivering the Site will be liable for any direct, indirect, special, consequential or other damages that result from the use of, or the inability to use, the Content on the Site, including damages caused by viruses or any incorrectness or incompleteness of the information on the Site, or the performance of the products or otherwise arising out of or in connection with these Terms and Conditions, even if Bdyrkt has been advised of the possibility of any such damages.
3.6 Links To Third Parties
3.7 Misuse Of The Website
You are prohibited from using the Site to post or transmit any User Generated Content (as defined below) which infringes or may infringe third party intellectual property rights or which is threatening, false, misleading, inflammatory, defamatory, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or which could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. Bdyrkt may deny you access to the Site at any time in its sole discretion, and which shall include situations where Bdyrkt believes that your use of the Site is in breach of any of these Terms and Conditions and/or applicable laws.
You are also prohibited from using the Site to advertise or perform any commercial solicitation.
3.8 User Generated Content
All opinions, remarks, comments, artwork, graphics, photographs, links, questions, suggestions, information, videos and other materials that you or other users of the Site post to the Site or transmit using the Site (User Generated Content) will be deemed non-confidential and non-proprietary. Accordingly, Bdyrkt shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any User Generated Content for any purpose, in any medium and throughout the world (license grant). You acknowledge and agree that Bdyrkt only acts as a passive conduit for the distribution of the User Generated Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Generated Content. Bdyrkt shall not be continuously monitoring User Generated Content published by you or moderating between users, nor shall Bdyrkt be under an obligation to do so. Without limit to the generality of the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Generated Content do not necessarily represent those of Bdyrkt. Any use by you of the User Generated Content is entirely at your own risk. You represent and warrant that any User Generated Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph. You agree to indemnify and keep Bdyrkt and its affiliated companies indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by Bdyrkt or its affiliated companies related to any User Generated Content posted or transmitted by you or your other use of the Site.
Bdyrkt reserves the right at its sole discretion to block or remove (in whole or part) any User Generated Content posted or transmitted by you and which Bdyrkt believes is not in accordance with these Terms and Conditions (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to Bdyrkt.
You agree to promptly notify Bdyrkt in writing (see How to Contact Us below for contact details) of any User Generated Content (or other Content) which breaches these Terms and Conditions. You agree to provide to Bdyrkt sufficient information to enable Bdyrkt to investigate whether such User Generated Content (or other Content) breaches these Terms and Conditions. Bdyrkt agrees to make good faith efforts to investigate such complaint and shall take such action as Bdyrkt in its sole discretion decides. However, Bdyrkt does not warrant or represent that it will block or remove (in whole or part) such User Generated Content or other Content.
3.9 Unsolicited Ideas
Bdyrkt maintains the policy of not reviewing or accepting any unsolicited submissions of ideas, inventions, designs and/or other materials related to Bdyrkt business (including without limit footwear, apparel, sporting goods and services) whether consisting of texts, images, sounds, software, information or otherwise (the Materials) from persons external to Bdyrkt. You should therefore not post any Materials on the Site or send these to Bdyrkt by e-mail or otherwise.
4.1 How Can You Contact Us?
If you have any questions or comments about the Website or the Bdyrkt Terms and Conditions or in the unlikely event that you wish to make a complaint please don’t hesitate to contact our Customer Service by emailing us at email@example.com. Alternatively, if you prefer to call us, please do so at number +27 11 100 8350 (Mondays – Fridays between 8am – 5pm).
In case of contradiction between Bdyrkt Terms and Conditions and any content contained in other parts of the Website or in links, Bdyrkt Terms and Conditions contained in this document prevail.
4.3 Amendments To The Bdyrkt Terms & Conditions
We reserve the right to make changes to these Terms and Conditions at any time.
The use of this Website as well as any purchase agreement executed between you and us, will be subject to the version of the Bdyrkt Terms and Conditions in force at the time you place the order through this Website or the day you browse this Website (as applicable).
Please check the Bdyrkt Terms and Conditions periodically for changes.
Each provision of the Bdyrkt Terms and Conditions shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from and shall not affect the enforceability of any of the other provisions of these Bdyrkt Terms and Conditions.
4.6 Sub-Contracting And Assignment
Bdyrkt reserves the right to sub-contract, transfer, assign or novate all or any of our rights and obligations under Bdyrkt terms and conditions provided that your rights under Bdyrkt terms and conditions are not affected. You may not sub-contract, assign or otherwise transfer any of your rights or obligations under the Bdyrkt terms and conditions without our consent in writing.
4.7 Events Beyond Resolvable Control
Bdyrkt will be not held responsible for any delay or failure to perform or comply with our obligations under the Bdyrkt terms and conditions when the delay or failure arises from any cause which is beyond Bdyrkt’ reasonable control.
4.8 Applicable Law And Jurisdiction
The Bdyrkt Terms and Conditions shall be governed by the laws of the Republic of South Africa.
You and Bdyrkt hereby submit to the non-exclusive jurisdiction of the South African courts.