GENERAL

These terms govern your use of the website.

This website (Site) is owned by Bella Luna If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at online@bellaluna.co.za. 

By using the Site and completing the purchase cycle referred to below, you acknowledge that these website terms and conditions govern the ordering, sale and delivery of goods and the use of the Site and you hereby acknowledge that you have read and agreed to be bound by these terms and conditions.

Bella Luna reserves the right to make changes to these terms and conditions and/or other materials contained on this website from time to time without notice and such changes will be binding on you.

If you do not understand any provisions contained herein, it is your responsibility to ask Bella Luna to explain it to you before you continue using the Site. By using the Site, you will be deemed to have accepted all the terms and conditions unconditionally. DO NOT USE THIS SITE IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS.

AGREEMENT OF SALE, AVAILABILITY OF STOCK AND INCORRECT PRICING

Notwithstanding any communication from Bella Luna advising that your order or payment has been confirmed, acceptance of a sales order will only take place by Bella Luna delivering the goods to you or allowing you to collect them at an Bella Luna nominated dealer store and only at the point of delivery, will an agreement of sale between you and Bella Luna come into effect. We will communicate with you via your specified email address.

Bella Luna may reject or cancel your order without any recourse, by notifying you thereof at any time prior to delivery and without unreasonable delay thereafter refund you for any amount already paid.

Bella Luna shall use reasonable endeavours to make the advertised stock available at the displayed price for the period specified.

Goods may be removed from the shopping basket by Bella Luna if stock is no longer available or there has been a genuine mistake in pricing. You cannot hold Bella Luna or any Third Party Seller liable if such goods are not available or there has been a genuine error in pricing.

As indicated above, an agreement of sale between you and Bella Luna will come into effect upon delivery or collection of the goods and notwithstanding completion of an online order summary on the website and payment or payment authorisation is received by Bella Luna. Bella Luna will not be liable for any genuine mistake on pricing either appearing on the Site or as a result of any written or verbal communication received from Bella Luna.

Once you have completed the online order summary and payment or payment authorisation is received by Bella Luna, you may not cancel your order unless Bella Luna in its sole discretion accepts the cancellation of an order by you on sufficient cause shown and on a case-by-case basis.
You acknowledge that stock of all goods on offer is limited in the case of goods offered for sale by Bella Luna. Bella Luna 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 website. However, we cannot guarantee the availability of stock and we will only be liable for delivery of the Goods when the Goods are available. When Goods are no longer available before conclusion of a sale, Bella Luna will notify you and you will be entitled to a refund of the amount paid by you for such Goods.

FRAUD

We reserve the right, for purposes of preventing suspected fraud, to refuse to accept or process payment on any order and/or to cancel any sale concluded between you and Bella Luna, in whole or in part, on notice to you. Bella Luna shall only be liable to refund monies already paid by you (see Bella Luna’s Refund Policy in this regard) and accepts no other liability which may arise as a result of such refusal to process any order/sale.

PROMOTIONS

Bella Luna reserves the right to limit quantities of any item offered for sale. Certain models may be limited to 1 per customer and may not last for the duration of the promotion. Prices valid while promotional stocks last, after which stock will revert to the regular retail price.

WEBSITE USE

As a use, Bella Luna grants you a limited, non-transferable, revocable licence to access and use the website subject to the following terms and conditions:

Unless otherwise specified, the goods and services offered on this Site are governed by and interpreted according to the laws of the Republic of South Africa without giving effect to any principles of conflict of law.

By shopping or browsing on this Site, you represent and warrant that you have read and understood the terms, conditions and policies displayed on this Site, and agree to be bound by them.

PLEASE DO NOT USE THIS SITE IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THE TERMS, CONDITIONS AND POLICIES.

CURRENCY AND TRANSACTION SECURITY

All transactions are conducted in South African RAND (ZAR)

By submitting a sales order through any of the Bella Luna website services, you warrant that you are acting within the bounds of the law and that you have the legal capacity to transact or have the mandate to transact. This includes that you have obtained the express permission (indemnity) of the person and/or business whose information you are submitting / using through any of our services and that you are not in breach of the Consumer Protection Act or National Credit Act and/or any other applicable legislation in any way. You indemnify Bella Luna, its members and employees from any claim and/or liability from any third party, arising out of your instructions and/or use of the service(s).

Acknowledgments by the Customer

You, the customer hereby agrees and acknowledge:

that you will at all times comply with the requirements of the Law(s); including the National Credit Act of 2005 and the Consumer Protection Act and/or any other applicable legislation to the extent that it is relevant to the customer for the receiving, compiling and reporting of information. Without limiting the generality of the a foregoing, the Customer specifically acknowledges and agrees that when reporting personal and other information to Bella Luna:

- that such information will include all mandatory data.

- that it will have taken all reasonable steps to ensure that the information being submitted is accurate, up to date, relevant, complete and valid when submitting such information

- that you are entitled to submit the information to Bella Luna for the purpose of Bella Luna making such information available to its associated partners for the purpose of tendering the services offered and that such information is not subject to a duty of confidentiality between Bella Luna and the Customer.

Breach of ECT Act

Any user who commits any of the offences detailed in sections 85 to 88 of the ECT Act 25 of 2002 shall, notwithstanding criminal prosecution, be liable for all resulting loss or damage suffered and/or incurred by Bella Luna and its partners / affiliates.

Payment Caution

You acknowledge that cyber criminals may use fraudulent methods to doctor or amend websites or use emails, letters or links that appear to be sent by Bella Luna to convince you, as Customer to pay money into a fraudulent bank account controlled by them, and therefore the Customer shall take the utmost care and be obliged to check that the correctness of Bella Luna’s banking account details into which the Customer makes payment is legitimate.

The Customer confirms that Bella Luna has not and will not advise of any change of bank details by way of an ad hoc email and should the Customer receive any communication of this nature, the Customer will check with Bella Luna e-commerce department and report it to the Bella Luna e-commerce department.

The Customer hereby acknowledges that Bella Luna shall not be responsible for any loss or damage suffered as a result of any fraudulent banking cyber-crime in respect of any of the Customer’s payments to Bella Luna and/or failure on the Customer’s part to take the necessary precautions and to confirm, as required in terms hereof, the accuracy of Bella Luna’s bank account details, hereby indemnifying and holding Bella Luna harmless in respect thereof.

Disclaimer

The use of the website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the website or reliance on any information on the website or furnished to you verbally or in writing.

While Bella Luna takes reasonable measures to ensure that the content of the website is accurate and complete, Bella Luna makes no representations or warranties, whether express or implied as to the quality, timelines, operation, integrity, availability or functionality of the website or as to the accuracy.

Bella Luna disclaims liability for any damage, loss or liability, whether direct, indirect or inconsequential in nature arising out of or in connection with your access, to or use of the website, any content therein and/or any verbal or written representations made unless otherwise proved by law.
Although goods sold from the website may, under certain specifically defined circumstances, be under warranty of any kind either express or implied including but not limited to the implied warranties of merchantability, fitness for a particular purpose, completeness or non-infringement as may be allowed in law.

Linked third party websites

This website may contain links or references to other websites (“Third Party Websites”) which are outside of our control including those of advertisers. These terms and conditions do not apply to those Third Party Websites and Bella Luna is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those Sites may use.

Notwithstanding the fact that the website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expenses, claim or damage, whether direct, indirect or consequential arising from your use of such Third Party Websites or your reliance on any information contained therein.

Limitation of liability

Bella Luna cannot be held liable for any inaccurate information published on the website, information provided and/or representations made, verbally or in writing and/or any incorrect prices displayed on the website or made or given verbally or in writing.

Bella Luna shall not be liable for any direct, indirect, incidental special or consequential loss or damages which might arise from your use of or reliance upon the website or the content contained on the website or your inability to use the website and/or unlawful activity on the website and/or any linked third party website.

You hereby indemnify Bella Luna against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this website, verbal or written representations and/or any linked third party website.