Terms & Conditions

LAST UPDATED. MAY 2023

These terms and conditions are the contract between you and Baltimore International Pty Ltd (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them.

We are Baltimore International Pty Ltd, a company registered in South Africa. Our address is St Michael’s Park, Unit 13b, Ground Floor, St Michael’s Road, Observatory, Cape Town 7925.

You are: Anyone who uses Our Website.

Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately.

The terms and conditions:

1. Definitions

In this agreement:

  • “Carrier”
    means any person or business contracted by us to carry Goods from us to you.
  • “Content”
    means any content in any form published on Our Website by us or any third party with our consent.
  • “Goods”
    means any of the goods we offer for sale on Our Website, or, if the context requires, goods we sell to you.
  • “Our Website”
    means any website of ours and includes all web pages controlled by us.
  • “Post”
    means display, exhibit, publish, distribute, transmit and/or disclose information, Content and/or other material on to Our Website, and the phrases “Posted” and “Posting” shall be interpreted accordingly.

2. Interpretation

In this agreement unless the context otherwise requires:

2.1a reference to a person is a reference to one or more individuals, whether or not formally in partnership, or to a corporation, government body, or other association or organisation.
2.2these terms and conditions apply to all supplies of Goods by us to any customer. They prevail over any terms proposed by you.
2.3any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing.
2.4except where stated otherwise, any obligation of any person arising from this agreement may be performed by any other person.
2.5in this agreement references to a party include references to a person to whom those rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that party.
2.6the headings to the paragraphs and schedules (if any) to this agreement do not affect the interpretation.
2.7a reference to an act or regulation includes new law of substantially the same intent as that act or regulation.
2.8in any indemnity, a reference to costs or expenses shall be construed as including the estimated cost of management time of the indemnified party.
2.9these terms and conditions apply in any event to you as a buyer or prospective buyer of our Goods and so far as the context allows, to you as a visitor to Our Website.
2.10this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

3. Our contract with you

3.1This agreement contains the entire agreement between the parties and supersedes all previous agreements and understandings between the parties.
3.2Each party acknowledges that, in entering into this agreement, he does not rely on any representation, warranty, information or document or other term not forming part of this agreement.
3.3If you use Our Website in any way and make an order on behalf of another person you warrant that you have full authority to do so and you accept personal responsibility for every act or omission by you.
3.4Because we rely on our suppliers, we do not guarantee that Goods advertised on Our Website are available. We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.
3.5The price of Goods may be changed by us at any time. We will never change a price so as to affect the price charged to you at the time when you buy those Goods.
3.6If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website; these terms still apply so far as they can be applied.
3.7We do not sell the Goods in all countries. We may refuse to deliver the Goods if you live in a country we do not serve.

4. Acceptance of your order

4.1Your order is an offer to buy from us. We shall accept your order by e-mail confirmation sent from Our Website when you have paid for the order through PayFast.
4.2If you have chosen the EFT payment option, our contract is made when we have received your proof of payment by email.
4.3Our message will confirm details of your purchase and the estimated time of delivery to your area.
4.4If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
4.4.1accept the alternatives we offer;
4.4.2cancel all or part of your order.

5. Price and payment

5.1The price payable for the Goods that you order is clearly set out on Our Website.
5.2It is possible that the price may have increased from that posted on Our Website. If that happens, we will not despatch the Goods until you have confirmed that you wish to buy at the new price.
5.3Prices include value added tax (“VAT”).
5.4Bank charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than Rand will be borne by you.
5.5If, by mistake, we have under-priced Goods, we will not be liable to supply that those Goods to you at the stated price, provided that we notify you before we dispatch it to you.
5.6The price of the Goods does not include the delivery charge which will be charged at the rates applicable at the date you place your order and which will be displayed on a page of Our Website before we ask you to pay.
5.7If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 15 days from the date when we accept that repayment is due.

6. Security of your credit card

We take care to make Our Website safe for you to use.

6.1Card payments are not processed through pages controlled by us. We use PayFast as online payment service provider who will encrypt your card or bank account details in a secure environment.
6.2If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.

7. If you buy as a Consumer

This paragraph applies if and only if, you are a consumer as defined in the Electronic Communications and Transactions Act 2002.

7.1As required by the law, details of our after-sales service and guarantees, if any, are given in Our Website terms and conditions, on the Warranties & Repairs page or in catalogues.
7.2You may cancel your order at any time before the expiry of 7 days from the date you receive the Goods, not including the day you received it.
7.3The option to cancel your order is not available:
7.3.1if you purchase sealed Goods which relate to health or hygiene, and they become unsealed after delivery, or cannot be re-sold for some other reason;
7.3.2if the Goods become mixed inseparably (according to their nature) with other items after delivery.
7.4You are responsible for the cost of returning the Goods. We have no obligation to refund to you, your cost of re-packing and returning the Goods.
7.5If the Goods you return, show any sign of damage or loss due to your checking then we shall be entitled to deduct the cost from your refund money.
7.6In the event of cancellation of an order by you in compliance with these terms, we will refund any money due to you within 30 days.
7.7To assist us in identifying your Goods on receipt by us, we ask you to provide your order number and telephone number for a return reference to be placed below our address label.
7.8This paragraph does not affect your rights in the event that the Goods are faulty.

8. Delivery and pick up

8.1Goods are delivered within 2 to 5 working days from the day you place an order to purchase the Goods.
8.2Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept the delivery.
8.3If we are not able to deliver your Goods within 2 to 5 working days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
8.4We may deliver the Goods in installments if they are not all available at the same time for delivery.
8.5Goods are sent at our risk until signed for by you or by any other person at the address you have given to us.
8.6All Goods must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the Goods may be retained by the driver. When your Goods arrive, it is important that you check immediately the condition and quantity. If your Goods have been damaged in transit, you must refuse the delivery and immediately contact us so that we may dispatch a replacement quickly and minimise your inconvenience.
8.7Signing “Unchecked”, “Not Checked” or similar is not acceptable.
8.8If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
8.9Some Goods will be delivered direct from the manufacturer who will contact you to arrange delivery. When delivery of the Goods has been arranged directly with the manufacturer, you will be subject to the manufacturer’s delivery policy.
8.10Time for delivery specified on the order, if any, is an estimate only and time shall not be of the essence.
8.11We are happy for you to pick up Goods from our premises provided you make an appointment in advance and payment has been received into our bank.
8.12If you pick up Goods from our premises then:
8.12.1goods are at your risk from the moment they are picked up by you or your Carrier from our premises;
8.12.1you agree that you are responsible for everything that happens after you take possession of the Goods, both on and off our premises, including damage to property of any sort, belonging to any person.

9. Foreign taxes and duties

9.1If you are not in South Africa, we have no knowledge of, and no responsibility for, the laws in your country.
9.2You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country.

10. Liability for subsequent defects

10.1We do not repair or replace Goods which fail to comply with the provisions of the Consumer Protection Act 2008 or which show a defect. If you claim that the item is defective, the following conditions apply:
10.1.1the defect must be reported to your nearest Philips service centre as listed on the Warranties & Repairs page on Our Website while the Goods are still under warranty;
10.1.2the defect results only from faulty design or manufacture.
10.2If the Philips service centre repair or replace the Goods, you have no additional claim against us either under this agreement or by statute or common law, in respect of the defect.

11. Goods returned

These provisions apply if you return any Goods to us for any reason :

11.1We do not accept returns unless the incorrect Goods were shipped, or there was a defect in the Goods at the time of purchase, and we have agreed in correspondence that you may return them.
11.2Before you return the Goods to us, please carefully re-read the instructions and check that you have assembled it correctly and complied with any provisions relating to the power supply, plugs and sockets.
11.3The Goods must be returned to us as soon as any error or defect is discovered but not later than 7 days.
11.4So far as possible, Goods should be returned:
11.4.1with both Goods and all packaging as far as possible in their original condition;
11.4.2securely wrapped;
11.4.3including our delivery slip;
11.4.4at your risk and cost.
11.5You must tell us by email message to [address] that you would like to return Goods, specifying exactly what Goods and when purchased, and giving full details of the defect or other reason for return. We will then issue a returns note. If you send Goods to us without a returns note, we may not be able to identify sufficient details to enable us to attend to your complaint.
11.6In returning faulty Goods please enclose with it a note clearly stating the fault and when it arises or arose.
11.7Most of the Goods are covered by the manufacturer’s guarantee for a minimum of 24 months. Please first check the plug, fuse, batteries and the manufacturer’s operating instructions.
11.8If we agree that the Goods were incorrect or faulty on arrival at your address, we will:
11.8.1replace the Goods with similar item(s).

12. Disclaimers

12.1The law differs from one country to another. This paragraph applies so far as the applicable law allows.
12.2All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
12.3We make no representation or warranty for:
12.3.1the quality of the Goods;
12.3.2any implied warranty or condition as to merchantability or fitness of the Goods for a particular purpose;
12.3.3the correspondence of the Goods with any description;
12.3.4the adequacy or appropriateness of the Goods for your purpose.
12.4We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
12.5We shall not be liable to you for any loss or expense arising out of or in connection with your use of Our Website, which is indirect or consequential loss, or economic loss or other loss of turnover, profits, business or goodwill. This applies whether in an action of contract, negligence or otherwise, even if such loss was reasonably foreseeable or we knew you might incur it.
12.6We make no representation or warranty and accept no responsibility in law for:
12.6.1accuracy of any Content or the impression or effect it gives;
12.6.2delivery of Content, material or any message;
12.6.3privacy of any transmission;
12.6.4any act or omission of any person or the identity of any person who introduces himself to you through Our Website;
12.6.5any aspect or characteristic of any goods or services advertised on Our Website.
12.7Our Website includes Content Posted by third parties. We are not responsible for any such Content. If you come across any Content which offends you, please contact us via the “Contact us” page on Our Website.
12.8We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our service for repairs, maintenance or other good reasons. We may do so without telling you first.
12.9You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Goods concerned.
12.10This paragraph (and any other paragraph which excludes or restricts our liability or provides an indemnity to us) applies to our directors, officers, employees, subcontractors, agents and affiliated companies, as well as to us.
12.11If you become aware of any breach of any term of this agreement by any person, please tell us by calling our office or sending an email. We welcome your input but do not guarantee to agree with your judgement.
12.12Nothing in this agreement excludes liability for a party’s fraud.

13. Your account with us

13.1You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
13.2If you use Our Website, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your account.
13.2You agree to accept responsibility for all activities that occur under your account or password. You should tell us immediately if you believe some person has accessed your account without your authority and also log in to your account and change your password.

14. Restrictions on what you may Post to Our Website

You agree that you will not use or allow anyone else to use Our Website to Post Content which is or may:

14.1be malicious or defamatory;
14.2consist in commercial audio, video or music files;
14.3be illegal, obscene, offensive, threatening or violent;
14.4be sexually explicit or pornographic;
14.5be likely to deceive any person or be used to impersonate any person, or to misrepresent your identity, age or affiliation with any person;
14.6give the impression that it emanates from us or that you are connected with us or that we have endorsed you or your business;
14.7solicit passwords or personal information from anyone;
14.8be used to sell any goods or services or for any other commercial use;
14.9include anything other than words (i.e. you will not include any symbols or photographs) except for a photograph of yourself in your profile in such place as we designate;
14.10link to any of the material specified above, in this paragraph.
14.11send age-inappropriate communications or Content to anyone under the age of 18.

15. Your Posting: restricted content

In connection with the restrictions set out below, we may refuse or edit or remove a Posting which does not comply with these terms.

In addition to the restrictions set out above, a Posting must not contain:

15.1hyperlinks;
15.2keywords, words repeated, content which are irrelevant or otherwise unrelated to the Content Posted or information that is aimed at marketing your business;
15.3the name, logo or trademark of any organisation including yours;
15.4inaccurate, false, or misleading information.

16. How we handle your Content

16.1Our privacy policy is strong and precise. It complies fully with current law. Read our Privacy Policy here.
16.2If you Post Content to any public area of Our Website it becomes available in the public domain. We have no control who sees it or what anyone does with it.
16.3Even if access to your text is behind a user registration it remains effectively in the public domain because someone has only to register and log in, to access it. You should therefore avoid Posting unnecessary confidential information.
16.4We need the freedom to be able to publicise our Services and your own use of them. You therefore now irrevocably grant us the right and licence to edit, copy, publish, distribute, translate and otherwise use any Content that you place on Our Website, in public domains and in any medium. You represent and warrant that you are authorised to grant all such rights.
16.5We will use that licence only for commercial purposes of the business of Our Website and will stop using it after a commercially reasonable period of time.
16.6You agree to waive of your right to claim authorship and your right to object to any distortion, mutilation or other modification of your work as provided in the Copyright Act 1978.
16.7You now irrevocably authorise us to publish feedback, comments and ratings about your activity through Our Website, even though it may be defamatory or critical.
16.8Posting content of any sort does not change your ownership of the copyright in it. We have no claim over it and we will not protect your rights for you.
16.9You understand that you are personally responsible for your breach of someone else’s intellectual property rights, defamation, or any law, which may occur as a result of any Content having been Posted by you.
16.10You accept all risk and responsibility for determining whether any Content is in the public domain and not confidential.
16.11Please notify us of any security breach or unauthorised use of your account.
16.12We do not solicit ideas or text for improvement of our Service, but if you do send to us material of any sort, you are deemed to have granted us a licence to use it in the terms set out at sub paragraph 16.5 above.

17. Removal of offensive Content

17.1For the avoidance of doubt, this paragraph is addressed to any person who comes on Our Website for any purpose.
17.2We are under no obligation to monitor or record the activity of any customer for any purpose, nor do we assume any responsibility to monitor or police Internet-related activities. However, we may do so without notice to you and without giving you a reason.
17.3If you are offended by any Content, the following procedure applies:
17.3.1Your claim or complaint must be submitted to us in the form available on Our Website, or contain the same information as that requested in our form. It must be sent to us by post or email.
17.3.2We shall remove the offending Content as soon as we are reasonably able.
17.3.3After we receive notice of a claim or complaint, we shall investigate so far as we alone decide.
17.4We may re-instate the Content about which you have complained or not.
17.5In respect of any complaint made by you or any person on your behalf, whether using our form of complaint or not, you now irrevocably grant to us a licence to publish the complaint and all ensuing correspondence and communication, without limit.
17.6You now agree that if any complaint is made by you frivolously or vexatiously you will repay us the cost of our investigation including legal fees, if any.

18. Security of Our Website

If you violate Our Website we shall take legal action against you.

You now agree that you will not, and will not allow any other person to:

18.1modify, copy, or cause damage or unintended effect to any portion of Our Website, or any software used within it;
18.2link to Our Website in any way that would cause the appearance or presentation of Our Website to be different from what would be seen by a user who accessed Our Website by typing the URL into a standard browser;
18.3download any part of Our Website, without our express written consent;
18.4collect or use any product listings, descriptions, or prices;
18.5collect or use any information obtained from or about Our Website or the Content except as intended by this agreement;
18.6aggregate, copy or duplicate in any manner any of the Content or information available from Our Website, other than as permitted by this agreement or as is reasonably necessary for your use of Our Website; or
18.7share with a third party any login credentials to Our Website.
18.8Despite the above terms, we now grant a licence to you to:
18.8.1create a hyperlink to Our Website for the purpose of promoting an interest common to both of us. You can do this without specific permission. This licence is conditional upon your not portraying us or any product or service in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark of ours as part of the link without our express written consent.
18.8.2you may copy the text of any page for your personal use in connection with the purpose of Our Website.

19. Indemnity

You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:

19.1your failure to comply with the law of any country;
19.2your breach of this agreement;
19.3any act, neglect or default by any agent, employee, licensee or customer of yours;
19.4a contractual claim arising from your use of the Goods;
19.5a breach of the intellectual property rights of any person.

20. Intellectual Property

20.1We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
20.2Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
20.3You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
20.4Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Content.

21. Miscellaneous matters

21.1When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
21.2Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other Goods for which a charge is made. Accordingly, there is neither contractual nor other obligation upon us in respect of those goods or that service.
21.3If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
21.4The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
21.5No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
21.6Any communication to be served on either party by the other shall be delivered by hand or sent by fastmail service or recorded delivery or by email. It shall be deemed to have been delivered:
21.6.1if delivered by hand: on the day of delivery;
21.6.2if sent by post to the correct address: within 72 hours of posting;
21.6.3if sent by email to the address from which the receiving party has last sent email: within 24 hours if no notice of non-receipt has been received by the sender.
21.7In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
21.8So far as the law permits, and unless otherwise stated, this agreement does not give any right to any third party.
21.9Neither party shall be liable for any failure or delay in performance of this agreement which is caused by circumstances beyond his reasonable control.
21.10In the event of any conflict between any term of this agreement and the provisions of the memorandum of incorporation of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
21.11The validity, construction and performance of this agreement shall be governed by the laws of the Republic of South Africa and you agree that any dispute arising from it shall be litigated only in that country.
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