Terms & Conditions

PRICES DISPLAYED ARE IN BOTSWANA PULA.

PRICE DISPLAYED IS INCLUSIVE OF VAT

Images  and Colour are for illustrative purposes only.

1. Intellectual Property Rights

2.1 The individual content you may submit to this computer system will remain your property, but you hereby grant BMS (Pty) Ltd an irrevocable, perpetual, worldwide, transferable, sub-licensable and royalty-free license to use such content free from any restriction and on the basis as if BMS (Pty) Ltd were the owners thereof, including by modifying, reproducing, compiling, publishing, publicly performing, distributing, broadcasting and promoting it. Intellectual Proprietary rights (including the trade marks, copyright, intellectual property and patent rights) in this Website, and the content thereof belong to BMS (Pty) Ltd at all time, and/or our licensors, including compilations, collective works and derivative works created incorporating the content of our users..

 

2.Use of this website

2.1The content of this website is owned by or licensed to BMS (Pty) Ltd. Access to and use of the website is subject to these Terms and Conditions, and all applicable laws.

2.2 You may only make use of the website for the following specific purposes:

·to browse through the Content of this website;

·to view and purchase products as offered by BMS (Pty) Ltd; and

·to correspond with BMS (Pty) Ltd.

Your continued use of this website shall constitute acceptance of the Terms and Conditions, and not having been amended by you.

2.3 You will not copy, reproduce, modify, distribute, republish, display, post or transmit any part of the website without the written permission of BMS (Pty) Ltd. You may print or view individual page or pages for your own personal, non-commercial use provided you keep intact all copyright and acknowledge BMS (Pty) Ltd proprietary rights.

 

 

3.Content

3.1 BMS (Pty) Ltd make no representations or warranties of any kind, express or implied, as to the operation of this website and the content, unless specified herein or on the website expressly. You expressly agree that you use this website at your own risk.

3.2 BMS (Pty) Ltdmakes no representations or warranties about the suitability or correctness of the content that is included on or otherwise made available to you through the website, or about the soundness, completeness and accuracy of any of the content.

3.3 Accordingly, you agree that you will not hold BMS (Pty) Ltd liable for any claim of whatsoever nature, including, lawsuits, legal proceedings, damage, costs, interest, special, incidental, consequential or indirect damages, including damages for loss of profits, loss of business or downtime, arising out of or relating to your use of the website or any content that you access on the Website.

3.4 BMS (Pty) Ltd will not be liable for any loss or damage suffered by you as a result of using the links provided on the website . The website may contain certain images or links to third party websites, which are not under our control, nor are they maintained by BMS (Pty) Ltd.

 

4.Limitation of Liability

4.1 BMS (Pty) Ltd has the necessary firewalls and Email security system but that does not warrant that the Website, Content, our servers and/or any electronic communications sent by, or from us, are free from viruses or other harmful components, and nor are they liable for any damage arising from said virus or harmful component.

4.2 This website must be only be used for information purposes. It is not advice and you should not rely on it to make, or refrain from making, any decision or take, or refrain from taking, any action.

4.3 BMS (Pty) Ltdwill not be liable for any damage of any kind arising from your use of the Website, or from any Content, including, but not limited to, direct, incidental and/or consequential damage, unless otherwise specified in writing.

4.4 You will be responsible for damages of any kind should you use the website in breach of these Terms.

 

5. Agreement of Sale

An agreement of an online sale will only come into effect once you have electronically submitted a correctly completed order, for one or more products, and payment is either authorised, or received by BMS (Pty) Ltd and reflects in BMS (Pty) Ltd bank account.

 

6. Changes to the Website and/or the Terms

BMS (Pty) Ltd reserve the right, without notice and in their sole and absolute discretion, to make changes to the website and/or these terms. It is your responsibility to review these terms on each occasion prior making use of BMS (Pty) Ltd services. If you continue to use this systems and services after the amended terms of use has been published, it shall constitute an acceptance of the amended terms of use.

 

7 .Governing Law and Jurisdiction

This Website is hosted, controlled and operated within the Republic of Botswana, and is therefore governed by Botswana laws and is subject to the 'Disputes' set out hereunder, which records that you and BMS (Pty) Ltd submit to the non-exclusive jurisdiction of the Botswana courts, subject to the provisions of Clause 10.

 

8.Security

Any person that delivers or attempts to deliver any damaging code to the website, or attempts to gain unauthorised access to any page on the website shall be prosecuted and civil damages shall be claimed in the event that BMS (Pty) Ltd suffers any damage or loss as a result of such conduct.

You agree and warrant that your log-in name and password shall be used for your personal use only and never be disclosed to any third party. Any losses incurred due to transactions occurring by anyone using your log-in details shall be your responsibility only and BMS (Pty) Ltd shall bear no responsibility in any way arising from such conduct.

All credit card transactions are Secure Socket Layers encrypted, secured and are PCI DSS compliant. BMS (Pty) Ltd' registration documents and the Website's registered domain name are checked and verified by BOCARA.

 

9.Disputes

Except for urgent or interim relief, which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and BMS (Pty) Ltd on any matter provided for in, or arising out of these Terms and Conditions, and not resolved through the Customer Relations Department of BMS (Pty) Ltd, then such dispute shall be submitted to confidential arbitration in terms of the Expedited Rules of the Arbitration in Botswana . Arbitration proceedings shall be conducted in Gaborone in English.

10.Domicilium

BMS (Pty) Ltd chooses as its domicilium citandi et executandi 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:  to be provided by Graeme

 

11.Disclaimer

BMS (Pty) Ltd is in no way responsible or liable for any loss, liability, damage (whether direct, indirect, special or consequential) or expense of any nature whatsoever, which may be suffered as a result of, or which may be attributable, directly or indirectly, to the use of, or reliance upon any information, links or service provided through the website, or any actions and/or liability for consequential or incidental damages.

BMS (Pty) Ltd will not be responsible for any interruption, delayed or failed transmission, loss of programs or other data, storage or delivery of information, resulting from whatsoever cause.

All information appearing on the website is provided without any representations or warranties whatsoever, whether express or implied.

The information contained on the website provides general information on particular subjects and is not an exhaustive treatment of such subjects.

Prices, specials and promotions displayed on the website are that are exclusive to the website will be marked as such and do not apply in-store unless stipulated. Specific in-store prices, specials and promotions do not always apply to this website unless stipulated. Images are for illustrative purposes only.

 

12. Return Policy

BMS (Pty) Ltd strives to provide the best possible service to its customers and has put the appropriate measures in place to ensure all its staff and suppliers are fully aware of, and comply with the Consumer Protection Act. We are committed to operate our business in terms of the requirements of the Consumer Protection Act and our returns policy is aligned therewith.

BMS (Pty) Ltd' quality assurance

BMS (Pty) Ltd only stocks quality goods. We are confident that you will be satisfied with every purchase you make, but should you experience any problems or concern, please refer to the options listed below. We are committed to operate our business in terms of the Consumer Protection Act and all policies are subject to the applicable law.

 

Exchange or refund policy?? Graeme please amend

We will refund or exchange most goods if you return them within 14 days of purchase. However, the goods must still be in their original condition and packaging, and you may not have used them at all i.e. the security seal or shrink wrap is intact (if applicable) and unused. We will exchange or refund products provided there is a valid proof of purchase.

Are certain items excluded from the 14 day exchange or refund policy?

Yes, there are a few exceptions. The goods we exclude from the 14 day return and exchange policy are:

General

·No cancellations will be permitted in respect of customized (special - order) goods and returns will only be accepted if the goods do not reasonably conform to the material specifications of the special order.

·"special - order goods" means that a supplier expressly or implicitly was required or expected to procure, create or alter specifically to satisfy the consumers' requirements.

·Goods purchased by way of special arrangement or custom order will only be replaced if defective.

·Customers are encouraged to ensure that measurements and specifications of custom made products are 100% correct when ordering, as custom made orders cannot be refunded or exchanged if incorrect sizes were provided.

Cartridges

·Cartridges that are beyond their expiry date will not be returned.

Hardware

·"special - order goods" means that a supplier expressly or implicitly was required or expected to procure, create or alter specifically to satisfy the consumers' requirements.

·Goods purchased by way of special arrangement or custom order will only be replaced if defective.

Furniture

·"special - order goods" means that a supplier expressly or implicitly was required or expected to procure, create or alter specifically to satisfy the consumers' requirements.

·Goods purchased by way of special arrangement or custom order will only be replaced if defective.

·Customers are encouraged to ensure that measurements and specifications of custom made products are 100% correct when ordering, as custom made orders cannot be refunded or exchanged if incorrect sizes were provided.

·In the event of BMS (Pty) Ltd agreeing to accept returned goods, a 20% handling fee will be levied.

·Goods which are sold as "clearance sale items" , damaged, defective, used or repaired, where we disclosed these facts to you before you bought the goods

 

What if the products are unsuitable for the purpose I initially bought them for?

If you indicated a particular purpose for which you intend using the goods to a salesperson who confirmed that you will be able to use the goods for that purpose, you may return the goods within 10 working days after you purchased them if it turns out that the goods are not suitable for the purpose you anticipated and indicated to the salesperson

Subject to our rights in law to charge you for use and to get the goods fit for re-stocking, we will give you a refund

What should I do if the item is defective?

If your goods turn out to be defective within the first 6 months after you received them from us, we will repair them, replace them or give you a refund. Please note that it may not be possible to determine in-store whether goods have been damaged or what the cause of a failure or defect may be. This is of importance as it determines whether the goods may be repaired, replaced or refunded. Accordingly, we reserve the right to refer returned goods for technical assessment by the manufacturer or authorised service centre prior to repairing, replacing or refunding and to provide you with feedback within 10 days of receipt of the returned goods and to act accordingly. We may arrange for the assessment to take place at your home in the case of some hardware -where applicable.

If your goods show a defect after the initial 6 month period, but still within the manufacturer's warranty period, BMS (Pty) Ltd will send the goods to the manufacturer for repair and the manufacturer will decide whether you have a valid claim and if so, whether they will repair or replace

If the goods become defective once the manufacturer's warranty has expired, we can arrange with the manufacturer or its agents to repair them. No repairs will be done without you approving a quotation first.

Manufacturers' warranties - what applies to these?

As with all warranties, certain conditions and exceptions apply. Please take proper note of any terms or instructions that accompany your goods. We explain the general conditions as follows:

Cartridges

Used consumables such as printer toners or cartridges may not form part of the hardware being repaired and will thus not be replaced during repair

Hardware

Goods that show a manufacturing defect within the first 6 months of purchase will be repaired, replaced or refunded. We can book a service call with the supplier on your behalf, if you phone in and request us to do this

Defects that develop after 6 months may be repaired, replaced or refunded at the manufacturer's election, and subject to the relevant manufacturer's policy or extended warranty

The nature of the goods (size, technical specifications, etc.) often dictates where the repair will take place. For example, on site or at the manufacturer's premises

 

Furniture

A  One Year factory warranty against workmanship. This warranty however does not cover normal wear and tear.

All imported goods carry a one year warranty

Specific components in chairs carry the following warranties:

·Mechanism - one year warranty

·Castors - one year warranty

·Fabric - manufacturer's warranty

Electrical Appliances

All electronic equipment carries manufacturer’s warranty

 

When will the manufacturer's warranty not apply?

Act of God, Force de Majure

·The manufacturer's warranty will only apply to defects in the process of manufacturing the goods and will not apply in the following instances

·Damage caused by external factors but not limited to lightning, power surges, fire or water damage

·Damage caused by misuse or abuse to the goods

·Goods used for a purpose other than the purpose for which they were manufactured

·Goods used contrary to their instruction manuals

·Accidental damage

·Alteration, repair, modification or service carried out by anyone other than an approved manufacturer's service centre

·Damage caused by the disregard for approved and recommended consumables

·The exchange or use of an inferior power plug

·Damage during the installation of furniture that has been performed by a non-approved service provider

 

How will I be refunded?

You will be refunded in the same manner in which you paid BMS (Pty) Ltd, once we have accepted a return and approved a refund, you will receive the refund in one of the following ways

·Electronic transfer directly into your account (allow at least 10 working days)

·Cash (if the original payment was made in cash)

·Credit card (by reversal back to your credit card and subject to banking delays)

Out of warranty repairs - can BMS (Pty) Ltd assist?

Yes, we can assist you to have the goods repaired by acting as an agent on your behalf. The law requires the following in respect of repairs:

·The manufacturer or its repairs agent must quote you first and you need to accept the quote before the repair can take place

·The quote must include the supply and installation of replacement parts, as well as the labour costs

·You must also give authorisation for diagnostic work in order to determine the scope of the required repairs

·BMS (Pty) Ltd will examine the goods and record all defects prior to forwarding goods to the repair centre.

 

13. Delivery Policy

Free delivery to Schools, and commercially registered business within Gaborone

Delivery to outlying areas will be made by a courier of your choice and you will be responsible to pay the courier charges. Courier charges are NOT included by BMS (Pty) Ltd

BMS (Pty) Ltd undertakes to do everything possible to ensure the secure and timeous delivery of all your purchases.

Please read the delivery policy before placing an order. Should you have any questions or concerns regarding the policy, feel free to contact BMS (Pty) Ltd.

·This policy applies only to merchandise purchased via the BMS (Pty) Ltdwebsite, www.bmsonline.co.bw

·Please check your order, contact and address details carefully before you submit it as changes cannot be made once you have received confirmation of your order.

·Before the possession of the product/s can take place, the credit card used to purchase the product will need to be produced, as well as a valid identity document of the card holder.

·Should you request BMS (Pty) Ltd deliver the product/s to your physical address, then you should note that all orders will be delivered during normal working hours (between 08h30 and 17h00) on week days only, and will be delivered in due course. Please ensure that there is somebody available at the premises to receive the order..

·The following procedure must be followed when receiving the order:

·Proof of identity of the person signing for the parcel will be required (valid proof of identity will constitute an Identity Document book or a driver's license).

·The identity number of the person receiving your parcel will be noted on the Delivery Note by the courier/BMS (Pty) Ltd representative, and you will receive a copy of the signed and completed Delivery Note and a Tax Invoice for your records.

·Please ensure that the BMS (Pty) Ltd sealing tape securing your parcel is unbroken and the parcel is undamaged. In the unlikely event that the tape is broken or the parcel damaged, the following may occur:

·You may inspect the order against the Delivery Note to ensure that everything is correct before signing the Proof of Delivery document. Should any item/s be missing or damaged, this will be noted on the Delivery Note and both you and the courier/BMS (Pty) Ltd representative will initial next to the notation; or

·You may sign for the order without inspecting it; however this will be noted on the Delivery Note. The courier/BMS (Pty) Ltd representative will then initial the Delivery Note, and in the unlikely event that any product/s is found to be missing thereafter, BMS (Pty) Ltd will not accept responsibility for said product/s; or

·You may request the courier/BMS (Pty) Ltd representative to return the parcel, clearly stating the reasons as to why on the Delivery Note. Thereafter, you will be contacted by a BMS (Pty) Ltd representative in due course.

·BMS (Pty) Ltd makes every effort to ensure that the information displayed on our website is up to date and accurate at all times. However, should an ordered item be out of stock, or any other delay in delivery will occur, every effort will be made to contact and inform you of same and, if necessary, make alternative arrangements.

 

14. Payment Options

You may make payment of your order charges online by providing BMS (Pty) Ltd with your credit card details.

Kindly note that BMS (Pty) Ltd accepts the following payment methods:

·Visa; Visa Debit; and

·MasterCard; MasterCard Debit

·EFT Pro

If BMS (Pty) Ltd are unable to successfully process your credit or debit card payment for your order or do not receive an EFT payment of the full amount in time, your order may be cancelled. Every effort will be made to notify you before the order are cancelled.

 

You authorise BMS (Pty) Ltd to debit the amount that is payable for an accepted order from your nominated credit card to pay for the charges and fees (as applicable).

You may not pay, or attempt to pay, for Products through any fraudulent or unlawful means.

BMS (Pty) Ltd will provide you with a receipt at time of delivery or collection (as applicable) which specifies the total fees and charges for the Products in the order.

 

15.Discounts, Promotional Prices and Delivery Charges

·BMS (Pty) Ltd reserves the right to apply or remove discounts on selected products and baskets at any set period of time and may change without any notice. These discounts will only apply to transactions submitted, paid for and completed on the www.bmsonline.co.bw  website and may not be claimed for in store purchases.

·Discounts will not apply to Back To School products selected Computer Hardware and Furniture Products. No discount will apply to a product if it is not indicated on the website as such.

·Discount only applicable during the dates stated in the Terms and Conditions.

·Free Delivery only applies to Gaborone and may change without any notice.

PRICES AND PAYMENT

The product price is always the price indicated in the website when you place your order. The price includes VAT.

 

16. Cancellation of/changes to this Policy

BMS (Pty) Ltd reserves the right to cancel or alter any of the above policies, at its sole discretion, from time to time.

It is your responsibility to frequent yourself with our policies on each occasion prior to making use of our services.