Listenbear Products: are products offered for sale on the Listenbear Website.
Stocks of all goods on offer are limited. Listenbear Products shall take all reasonable efforts to ensure that when stock is no longer available, that offers thereof are discontinued. However, should items still be offered after stocks are sold out and Listenbear Producs is unable to fulfil the orders placed at advertised prices, Listenbear Products shall only be liable to refund the amount paid by you for such product.
eBooks & eMagazines:
Listenbear Products will soon be offering eBooks for sale. If you are unfamiliar with these digital products, please pay particular attention to the “eBooks” clauses herein below, which describes the nature and limited functionality and usage rights of eBooks.
AGREEMENTS OF SALE
Placing a product in a shopping basket or adding it to a wishlist without completing the purchase cycle does not:
- constitute an agreement of sale; and/or
- constitute an order for such product,
- and as such, Listenbear Products may remove such product from the shopping basket or wishlist if no stock is available and you cannot hold Listenbear Products liable if such product is not available when the purchase cycle is completed at a later stage.
An agreement of sale only comes into effect if and when:
- you electronically submit a properly completed order for one or more products in your shopping basket; and
- payment is either authorised, or received by Listenbear Products in its bank account.
Termination of Sales & Cancellation of Orders
By Listenbear Products:
We reserve the right, whether for purposes of preventing suspected fraud or otherwise, to refuse to accept, or process payment on, any order and/or to cancel any sale concluded between you and Listenbear Products , in whole or in part, without giving any reasons. Listenbear Products shall only be liable to refund monies already paid by you and accepts no other liability which may arise as a result of such refusal to process any order/sale.
Save for eBooks you are entitled to cancel any order/s placed or sales concluded at any time prior to packaging of the products so purchased.
Furthermore, save for certain exceptions, and subject to certain charges, the Electronic Communications and Transactions Act 25 of 2002 ("ECT Act") entitles you to cancel any sale concluded on this Website within 7 days after date of receipt of the goods and to obtain a full purchase price refund.
Amounts Payable by You
The price of each product is displayed with the product listing. In the event of a sale or special offer, the discounted price is displayed.
Delivery charges differ depending on a variety of factors, including product type, price, and weight, as well as whether delivery is to be made within, or outside, the borders of South Africa. In general, to simplify the delivery charge, we attempt to charge a flat fee of 15% in addition to the price of the product. This is for general mail service and not international orders sent from South Africa. If the product can be shipped from Europe or Canada, it will be charged the 15% shipping fee.
The cost of delivery outside the borders of South Africa is payable in the currency in which the product is paid for and is calculated at 15% of the total cost of product and applied in addition to the overall cost of product.
Listenbear Products does not charge any delivery fees for electronic delivery of the relevant eBook Link.
Value Added Tax:
Value added tax at the rate of 14% is charged on goods bought by South African residents. VAT is not payable on orders if both the billing and the shipping address are international.
Import duties may be payable by recipients of goods in foreign countries. Listenbear Products does not know what levies may be payable and cannot calculate or estimate such costs. You are responsible for determining whether any such levies are payable and, if so, the amount thereof.
Listenbear Products shall take all reasonable efforts to accurately indicate prices and delivery charges. However, should products be erroneously offered at incorrect prices and/or delivery charges, Listenbear Products will not be obliged to sell products at such incorrect prices and/or delivery charges and shall only be liable to refund monies paid should you not wish to proceed with the purchase at the correct price and/or delivery charge.
Your payment for any products ordered from Listenbear Products must be made to Listenbear Products bank account in any one of the following ways:
Credit card payments
At the time of placing the order, the transaction details are presented to the bank and an authorization is obtained for the amount of the order. If such authorisation is not obtained, the order will be cancelled. If authorisation is obtained, payment is only collected when the order has been packaged and the goods shipped, save in the case of eBooks where payment is immediate.
Bank deposits & Electronic Funds Transfer
If you select the 'pay via bank deposit' button, instructions will be given on how to deposit monies into Listenbear Products bank account and it would be subject to the following rules:
- the exact amount must be paid;
- the payment must be identified by supplying the order number and surname in the reference section of the deposit slip or on the electronic transfer;
- no transfers may be made from ATM's;
- cheque deposits are subject to a clearing period.;
- your order will be cancelled if you choose to pay by bank deposit and the amount due is not paid within 5 business days.
Where we deliver:
Listenbear Products delivers to addresses both within and beyond the borders of South Africa
Inside the borders of South Africa is usually within 3 working days.
Outside the borders of South Africa:
Where possible, items will be shipped from the UK or Canada to offset shipping costs and keep the costs as low as possible. We will do our best to stay within the 15% charge for shipping (standard service). Courier service is priced accordingly.
Important to note:
- Delivery periods are only regarded as having commenced upon payment confirmation being received by Listenbear Products.
- If products with different delivery times are ordered together, the product with the longest delivery time will determine the delivery time of all the products in the order.
- Listenbear Products makes every effort to ensure that the information supplied on the Website is accurate. Where delays and out of stock situations occur, every reasonable effort will be made to inform the Purchaser.
eBooks are digital products which will be delivered to you electronically via the internet. At present e-books are not yet offered by Listenbear Products.
DEFECTS, RETURNS, REFUNDS & GUARANTEES
Should you not be satisfied with any product purchased by you on the Website by reason of a defect, incorrect choice of product, or otherwise, you may, under certain circumstances, be entitled to either be refunded or have the product repaired or replaced, as the case may be. The Refund Policy regulates your rights in this regard.
Health Products and Tree Essences
The products, and the claims made about specific health products, on or through this Website have not been evaluated by Listenbear Products and are not approved to diagnose, treat, cure or prevent disease.
The information provided on this Website is for informational purposes only and is not intended as a substitute for advice from your doctor or other healthcare professional or any information contained on or in any product label or packaging.
You should not use the information on this Website for diagnosis or treatment of any health problem or for prescription of any medication or other treatment.
You should consult with your doctor or a healthcare professional before starting any diet, exercise or supplementation program, before taking any medication, or if you have or suspect you might have a health problem.
Listenbear Products is not liable for any health problems or adverse reactions that may result from using any of the products described on the Website.
A full record of every sale and related transaction between you and Listenbear Products shall be maintained on the Website for a period of 12 months following the date of such sale or related transaction. You shall thus only be able to view and print such record during such period, whereafter, you shall be responsible for retaining your own record of the relevant sale or related transaction.
Apart from the provisions of sections 43(5) and 43(6) of the ECT Act, neither Listenbear Products nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Website or the services or content provided from and through this Website.
Furthermore, Listenbear Products makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Website are free from errors or omissions or that the service will be 100% uninterrupted and error free. You are encouraged to report any possible malfunctions and errors to email@example.com
This Website is supplied on an "as is" basis and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself prior to accepting these T&C that the service available from and through this Website will meet your individual requirements and be compatible with your hardware and/or software.
Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of Listenbear Products and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website.
Neither Listenbear Products nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product sold by Listenbear Products on this Website.
GOVERNING LAW AND JURISDICTION
This Website is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and, subject to the ‘Disputes’ clause of these T&C, you and Listenbear Products submit to the non-exclusive jurisdiction of the South African courts.
Listenbear Products shall take all reasonable steps to protect your personal information. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA).
Listenbear Products may electronically collect, store and use the following of your personal information:
- name and surname;
- birth date;
- country of residence;
- closest city;
- non-personal browsing habits and click patterns;
- e-mail address;
- mobile number (if provided by you);
- IP address; and
- ID number / passport number.
Listenbear Products collects, stores and uses the abovementioned information for the following purposes:
- to greet you when you access the Website;
- subject to your consent, to inform you of facts relating to your access and use of the Website;
- subject to your consent, to inform you about competitions and special offers from Listenbear Products and/or its partners / affiliates;
- to compile non-personal statistical information about browsing habits, click-patterns and access to the Website;
- to verify your identity when transacting with Listenbear Products and/or Marketplace Sellers;
- to verify your identity to determine whether you are a registered PayPal user who has placed your credit card details on record with PayPal;
- to ensure that the goods are received by the addressee.
Information detailed above is collected either electronically by using cookies or is provided voluntarily by you. You may determine cookie use independently through your browser settings.
You may elect not to receive any communications from Listenbear Products and/or its partners / affiliates. Listenbear Products may collect, maintain, save, compile and share any information collected from you, subject to the following provisions:
Listenbear Products shall not disclose your personal information unless - you consent thereto;
- Listenbear Products may compile, use and share any information that does not relate to any specific individual; and
- Listenbear Products owns and retains all rights to non-personal statistical information collected and compiled by Listenbear Products.
Any person that delivers or attempts to deliver any damaging code to this Website or attempts to gain unauthorised access to any page on this Website shall be prosecuted and civil damages shall be claimed in the event that Listenbear Products suffers any damage or loss.
You agree and warrant that your log-in name and password shall:
- be used for your personal use only; and
- not be disclosed to any third party.
- You allow Listenbear Products to take all reasonable steps to ensure the integrity and security of the Website and back-office applications.
Between you and Listenbear Products:
In the event of any dispute arising between you and Listenbear Products on any matter provided for in, or arising out of these T&C, and not resolved through the Customer Relations Department of Listenbear Products , then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa.
Listenbear Products chooses as its domicilium citandi et executandi (ie its address) for all purposes under these T&C, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following address: P.O. Box 535, Sea Point, Cape 8060, South Africa.
Any and all copyright subsisting in the Website vests in Listenbear Products and all rights not expressly granted are reserved.
To obtain permissions for the commercial use of any content on this Website please email us firstname.lastname@example.org
or phone customer support in South Africa on +27 (0)21 433- 0549
Listenbear Products cannot screen or edit all the content available from the Website and does not accept any liability for illegal or defamatory content. You are encouraged to inform Listenbear Products of any content that may be offensive or illegal.
INTELLECTUAL PROPERTY RIGHTS
All the content, trademarks and data on this Website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Listenbear Products and as such are protected from infringement by local and international legislation and treaties.
When you visit the Website or send e-mails to Listenbear Products , you consent to receiving communications from Listenbear Products electronically and agree that all agreements, notices, disclosures and other communications sent by Listenbear Products satisfy any legal requirements, including but not limited to the requirement that such communications should be "in writing".
Save for persons who have registered as an e-trader with Listenbear Products no person, business or web site may link to any page on this Website without the prior written permission of Listenbear Products . Such permission could be obtained by contacting email@example.com
Hyperlinks provided on this Website to non-Listenbear Products sites are provided as is and Listenbear Products does not necessarily agree with, edit or sponsor the content on such web pages.
No person, business or web site may frame this site or any of the pages on this Website in any way whatsoever.
SPIDERS AND CRAWLERS
No person, business or web site may use any technology to search and gain any information from this Website without the prior written permission of Listenbear Products . Such permission could be obtained at firstname.lastname@example.org
You are entitled to cancel (either in whole or in part) any sale prior to packaging the products so sold. Cancellations can be effected via online on your ‘my orders’ webpage (it being recorded that in the latter instance, the functionality for cancelling any sale will only be available for so long as you are entitled to cancel same).
If timeously cancelled as aforesaid, you will be fully refunded in respect of such cancelled sale (including delivery charges), without any administrative charges being payable.
Defective / damaged products
Please note: the following will NOT be regarded as defects and will not entitle you to any repair, replacement or refund:
- faults resulting from normal wear and tear;
If the wrong product or if the product is damaged or faulty as a result of a manufacturing defect, Listenbear Products must be notified by way of email to email@example.com
within 14 days of invoice.
Should Listenbear Products not receive notice within such 14 days you will be deemed to have received the correct product, in accordance with the order placed by you, and in good working condition.
Listenbear Products will exchange the incorrect or faulty product for a replacement upon receipt of the returned product. The returned product must be received in the original packaging and if the product is returned as a result of being an incorrect delivery, the product must not have been utilised. Listenbear Products will make all reasonable effort to exchange the product, but if replacement is not possible at the same price or at all, Listenbear Products will refund the purchase price including delivery cost upon receipt of the returned product.
: If a defective product was ordered pursuant to a “Special Offer” and such product is no longer being offered at the special price, Listenbear Products will not replace same as aforesaid, but will instead refund the purchase price paid including delivery costs upon receipt thereof.
Under no circumstances will Listenbear Products be liable for any damage arising from any misuse or abuse of the goods.
: If Listenbear Products supplies the wrong product or if the product is in any way faulty or damaged, Listenbear Products will exchange it for the correct one within 5 days of receipt by you. Listenbear Products will make a reasonable effort to exchange the product, but if replacement is not possible, Listenbear Products will refund the purchase price including delivery cost upon receipt of the returned product.
Other non-defective products
: If you are not satisfied with your choice and the product is still in the original packaging and has not been utilised, you must return it within 14 days of date of delivery and Listenbear Products will refund the purchase price (excluding delivery costs) upon receipt of the returned product.
Processing of refunds
: Should you be entitled to a refund for any reason, such refund shall in the case of payment having been made by credit card be credited to your Listenbear Products shopper profile, in which case you have the right to request that the funds be paid into your bank account, being your bank account as reflected on Listenbear Products records. Listenbear Products will not, in this instance, pay funds into a third party bank account.