Terms of service

Welcome to BietjieBirdie!

These Terms of Service ("Terms") govern your use of the BietjieBirdie website, online store and any related services. By accessing our website, browsing our products or placing an order with us, you agree to be bound by these Terms.

Please read them carefully before using our website or purchasing from us.

BietjieBirdie reserves the right to update these Terms from time to time. The latest version will always be made available on our website.

1. ABOUT BIETJIEBIRDIE

BietjieBirdie is an online store offering carefully selected golf-related products and accessories.

Our website and online store are hosted and powered by Shopify, which provides the e-commerce platform that allows us to sell our products and services to you.

All purchases made through our website are transactions between you and BietjieBirdie.

For questions or assistance, please contact us at:

Email: info@bietjiebirdie.co.za
Website: bietjiebirdie.co.za

2. USING OUR WEBSITE

By using our website, you confirm that:

You are legally capable of entering into a binding agreement;
The information you provide to us is accurate and complete;
You will use our website only for lawful purposes; and
You will not misuse, interfere with, damage or attempt to gain unauthorised access to our website or systems.

We reserve the right to refuse service, cancel orders or restrict access to our website where reasonably necessary, including where we suspect fraudulent, unlawful or abusive activity.

3. OUR PRODUCTS

We make every reasonable effort to ensure that product descriptions, photographs, measurements and other information displayed on our website are accurate and up to date.

However, product colours and appearance may vary slightly depending on your device, screen settings, lighting and other factors.

Some products may be sourced from third-party manufacturers or suppliers. Where applicable, product specifications, packaging and availability may change without prior notice.

We reserve the right to:

Change product descriptions or specifications;
Update or discontinue products;
Limit quantities available for purchase; and
Correct errors or inaccuracies on our website.

Nothing in these Terms limits any rights you may have under applicable South African consumer protection laws.

4. PRODUCT TESTING AND RECOMMENDATIONS

BietjieBirdie aims to offer products that are useful, practical and enjoyable for golfers.

Where we state that a product has been tested or reviewed by BietjieBirdie, this refers to our own experience with that product and should not be interpreted as a guarantee that the product will produce the same results for every customer.

Golf-related products may perform differently depending on the golfer, equipment, environment, technique and other circumstances.

Unless expressly stated otherwise, our products are not intended to replace professional golf instruction, equipment fitting or other professional advice.

5. ORDERS

When you place an order through our website, you are making an offer to purchase the selected products.

Your order will only be considered accepted once we have received and successfully processed your payment and have confirmed your order.

We reserve the right to cancel or decline an order where reasonably necessary, including where:

A product is unavailable;
There is an obvious pricing or product-description error;
Payment cannot be successfully processed;
We reasonably suspect fraudulent activity; or
Circumstances beyond our reasonable control prevent us from fulfilling the order.

If we cancel an order after payment has been received, we will refund the amount paid in accordance with applicable law and our Refund Policy.

Please check your order details carefully before completing your purchase.

6. PRICING AND PAYMENT

All prices displayed on our website are in South African Rand (ZAR), unless otherwise stated.

We reserve the right to change prices, promotions and product offers at any time. The price applicable to your order will be the price displayed at the time you complete your purchase.

Where applicable, delivery charges will be displayed separately during the checkout process.

We use third-party payment providers to process payments securely. BietjieBirdie does not knowingly retain complete payment-card details on our own systems.

You agree to provide accurate and complete payment and billing information.

If a payment is declined or reversed, we may be unable to process or fulfil your order until valid payment has been received.

7. SHIPPING AND DELIVERY

We aim to process and dispatch orders as quickly as reasonably possible.

Delivery times provided on our website are estimates and may vary depending on the destination, courier, product availability, public holidays, weather, peak periods and other circumstances.

Once your order has been handed to the relevant courier or delivery provider, delivery is subject to that provider's processes and timelines.

We will not be responsible for delays caused by circumstances beyond our reasonable control, including courier delays, strikes, severe weather, incorrect delivery information supplied by the customer or other events outside our control.

If your order appears to be delayed, lost or damaged during delivery, please contact us at info@bietjiebirdie.co.za and we will assist you in investigating the matter.

Nothing in this section limits any rights you may have under applicable consumer protection legislation.

8. DELIVERY INFORMATION

You are responsible for providing a correct and complete delivery address and contact information when placing your order.

If incorrect or incomplete information results in additional delivery costs, delays or the inability to deliver your order, we may contact you to arrange an appropriate solution.

Where an order is returned to us because delivery could not be completed due to incorrect information supplied by the customer or repeated failed delivery attempts, additional delivery charges may apply before the order can be re-dispatched.

9. RETURNS, REFUNDS AND EXCHANGES

Our returns, refunds and exchanges are governed by our Refund Policy, which forms part of these Terms.

Customers retain all rights provided to them under applicable South African consumer protection legislation.

Where a product is defective, unsafe, incorrectly supplied or otherwise covered by applicable consumer protection laws, please contact us as soon as reasonably possible at info@bietjiebirdie.co.za so that we can assess the matter and provide the appropriate remedy.

Where a return or exchange is permitted, products may need to be returned in accordance with the requirements set out in our Refund Policy.

Nothing in our Refund Policy or these Terms is intended to remove or reduce any mandatory rights available to consumers under South African law.

10. CANCELLATION OF ORDERS

If you wish to cancel an order, please contact us as soon as possible at info@bietjiebirdie.co.za.

We will make reasonable efforts to accommodate cancellation requests received before an order has been processed or dispatched.

Once an order has been processed or dispatched, cancellation may no longer be possible and the applicable provisions of our Refund Policy and South African consumer law will apply.

11. ACCURACY OF INFORMATION

We make reasonable efforts to ensure that the information on our website is accurate.

However, occasional errors, omissions or inaccuracies may occur, including in relation to:

Product descriptions;
Prices;
Promotions;
Product availability;
Shipping information; or
Other website content.

We reserve the right to correct such errors and update information when necessary.

If an obvious error results in an incorrect price being displayed for a product, we reserve the right to take reasonable steps to correct the error and, where appropriate, offer the customer the option to proceed at the correct price or cancel the affected order, subject to applicable law.

12. INTELLECTUAL PROPERTY

Unless otherwise stated, all content appearing on the BietjieBirdie website, including our name, logo, branding, graphics, photographs, text, product descriptions, designs and other original material, belongs to BietjieBirdie or is used with permission.

You may use our website for personal, non-commercial purposes.

You may not reproduce, copy, modify, distribute, sell, publish or commercially exploit our website content or branding without our prior written permission.

Our name, logo and branding may not be used in a way that suggests an unauthorised association, sponsorship or endorsement by BietjieBirdie.

13. CUSTOMER REVIEWS AND FEEDBACK

If you submit a review, comment, photograph, testimonial, suggestion or other feedback to BietjieBirdie, you confirm that:

The content is truthful and based on your genuine experience;
You have the right to provide the content;
The content does not infringe another person's rights;
The content is not unlawful, defamatory, threatening, abusive or misleading; and
The content does not contain malicious software or harmful code.

By submitting content to us, you grant BietjieBirdie permission to use, reproduce, publish and display that content for purposes connected with our business, including marketing and promoting our products.

We reserve the right to remove content that we reasonably believe is unlawful, misleading, offensive, inappropriate or in breach of these Terms.

14. THIRD-PARTY SERVICES AND LINKS

Our website may contain links to or integrations with third-party websites, payment providers, delivery services, social media platforms or other services.

These third-party services operate independently from BietjieBirdie and may have their own terms and privacy policies.

We are not responsible for the content, availability, policies or practices of third-party websites or services, except to the extent required by applicable law.

15. SHOPIFY

BietjieBirdie uses Shopify to operate and host our online store.

Shopify provides the technology and infrastructure that allows us to offer our online shopping experience. However, purchases made through our website are made directly between you and BietjieBirdie.

Shopify is not the seller of the products offered by BietjieBirdie.

16. PRIVACY

We respect your privacy and handle personal information in accordance with applicable South African privacy legislation, including the Protection of Personal Information Act (POPIA), where applicable.

Personal information collected through our website may be used for purposes including:

Processing and fulfilling orders;
Processing payments;
Delivering products;
Communicating with customers;
Providing customer support;
Improving our website and services; and
Other purposes described in our Privacy Policy.

Please refer to our Privacy Policy for detailed information regarding how we collect, use, store and protect personal information.

17. PROHIBITED ACTIVITIES

You may not use our website:

For unlawful or fraudulent purposes;
To impersonate another person or business;
To interfere with the operation or security of the website;
To introduce viruses, malware or other harmful code;
To attempt to gain unauthorised access to our systems;
To copy or scrape our website content without permission;
To infringe our intellectual property rights or the rights of others; or
In any manner that could reasonably harm BietjieBirdie, our customers or our service providers.

We reserve the right to restrict or terminate access to our website where we reasonably believe these Terms have been breached.

18. DISCLAIMER

We aim to provide a reliable and enjoyable online shopping experience.

However, we do not guarantee that our website will always be available, uninterrupted or completely free of errors.

To the maximum extent permitted by applicable law, BietjieBirdie will not be responsible for losses resulting solely from events outside our reasonable control.

Nothing in these Terms excludes or limits any liability or consumer right that cannot lawfully be excluded or limited under South African law.

19. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, BietjieBirdie will not be liable for indirect or consequential losses arising from your use of our website or products.

However, nothing in these Terms excludes or limits liability where doing so would be unlawful, including any rights or remedies that cannot legally be excluded under applicable South African consumer protection legislation.

Our liability in respect of any product will at all times be subject to the rights and remedies available to you under applicable law.

20. FORCE MAJEURE

BietjieBirdie will not be responsible for a failure or delay in performing our obligations where the failure or delay is caused by circumstances beyond our reasonable control.

This may include, but is not limited to:

Natural disasters;
Severe weather;
Fire;
Power or telecommunications failures;
Strikes or labour disruptions;
Courier disruptions;
Government action;
Supplier disruptions;
Cyber incidents; or
Other events that could not reasonably have been prevented or anticipated.

Where reasonably possible, we will communicate with affected customers and take reasonable steps to minimise the impact.

21. CHANGES TO THESE TERMS

We may update these Terms from time to time.

The latest version will be published on our website and will apply from the date stated at the beginning of the updated Terms, subject to applicable law.

Your continued use of our website after updated Terms have been published constitutes acceptance of the updated Terms, to the extent permitted by law.

22. GOVERNING LAW

These Terms are governed by the laws of the Republic of South Africa.

Any dispute relating to these Terms or your use of our website will be subject to the applicable laws and jurisdiction of South Africa, subject always to any mandatory rights or protections available to consumers under applicable legislation.

23. SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be interpreted or amended to the extent necessary to make it enforceable where legally possible.

The invalidity or unenforceability of one provision will not affect the remaining provisions of these Terms.