1. Introduction
The Boldmarket shop can be accessed at www.boldmarket.co.za, related mobile sites and applications. The site enables buyers to shop for items including apparel, shoes, electronics and accessories by selected local and international brands ("the products”) online and have them delivered door-to-door, to their nearest post office or via pick-up points within South Africa. All visitors to the site ("users" or "you") will be able to see and buy the products on offer.
Legally binding contract
All users and account holders, including those that buy from the site ("buyers") are bound by these terms and conditions ("T&Cs"). By registering, or using the site at all, you recognise that you've read, accepted and agreed to be bound by these T&Cs. Should there be any clause in these T&Cs that you do not understand, the onus is on you to ask Boldmarket to please explain the relevant clause to you before you accept the T&Cs by using or buying from the site.
With whom are you entering into a contract?
The site is owned and run by Bold Market (Pty) Ltd, Reg. nr 2023/582531/07, a company incorporated in the Republic of South Africa. More information about Boldmarket is available at the end of these terms and conditions.
Products and availability
Please note that the stock of all items on offer is limited. Boldmarket will make all reasonable attempts to ensure that special offers are brought to an end when stock runs out. If it happens that Boldmarket is unable to fulfill any order at the advertised price because stock is sold out, Boldmarket will inform you via email and you'll be entitled to a reimbursement for the Rand value you have paid for such product. This is described in more detail under Boldmarket's Help section, Delivery and Returns.
2. Buying products
The site allows you, the user, to place electronic orders ("order") for one or more products on offer as long as such products are available and not sold out.
A purchasing contract ("sale") between you and Boldmarket only comes into effect once you have fully completed AND submitted the online order form for one or more products in your shopping cart (“cart") AND your payment has been authorised by Boldmarket (or has been received into Boldmarket's bank account).
The above is dependent on the product being available.
Products on Boldmarket cannot be reserved to be bought at a later stage, and placing an item in your cart without completing the order does not amount to a “sale”.
This means that Boldmarket may remove any product(s) from your cart before the sale actually takes place, in the event of the product going out of stock.
Boldmarket cannot be held responsible if the product(s) you added to your cart have become unavailable when you try to complete the sale.
An invoice will be emailed to the email address on your Boldmarket profile. A delivery note will be included with your order – please note that no prices are visible on the delivery note.
3. Cancelling and ending orders
Boldmarket reserves the right to refuse processing of payment for any order and/or to cancel any purchase, partially or completely, with notice given to you.
Boldmarket will be liable for reimbursing you the rand value paid only if you have already paid for the cancelled order. You have the right to return non-defective products purchased within 30-days of the order being delivered.
4. Fraud
Boldmarket reserves the right, in the interest of preventing fraud, to refuse the processing of payment for any order and/or to cancel any purchase, partially or completely.
Boldmarket may request documentation to complete the necessary fraud checks and cancel any order where the necessary documentation is not provided in a timely manner.
In the event of a fraudulent purchase being placed on Boldmarket, cardholders will be advised to initiate a chargeback via their bank in order to be refunded. Boldmarket does not process refunds for orders suspected of fraud.
Boldmarket does not provide order details relating to orders suspected of fraud.
5. Product Pricing
The price of each product is given on the product information page (“the product page”) on the site.
The Regular Retail Price
The Regular Retail Price (“RRP”) is the standard price that Boldmarket charges for the product. The RRP is determined by considering the suppliers’ price, market conditions, and the prices being offered by other local retailers.
When a product is not on sale, on special, or included in a discount promotion, the RRP is the price you will pay when you purchase the product (“purchase price”).
Please note that RRPs can change over the course of several seasons over which the product may be sold. The RRPs applicable at the time the product is introduced may differ from the RRP at the time of your purchase.
The Discount Price
When Boldmarket is having a sale, has products in OUTLET, or is running a discount centric promotion on specific products on the site – the discount price is shown on the product’s product page, as well as the Regular Retail Price (“RRP”). The discount price will be shown in black and the RRP will be shown alongside it – but will be crossed out.
When a discount price is shown on the product page, the discount price is the price you will pay when you add the product to your cart at the discounted price, and conclude the sale at the discounted price i.e. the purchase price.
Pricing accuracy
Every reasonable effort will be made to ensure that the RRP and, if applicable, the Discount Price of all products on Boldmarket are correct at the time of your purchase. If, however, the product is offered at an erroneous price, Boldmarket will not be obliged to supply the said product at the incorrect price.
Boldmarket will only be liable to return payment already made by you in the case you choose to cancel the sale once you have been made aware of the correct price.
6. Making a payment
You can pay on Boldmarket using your Visa or MasterCard credit or debit card, via Electronic Funds `transfer (EFT).
Paying by credit card
Boldmarket accepts payments made by Visa and MasterCard Credit Cards as well as chipped debit cards that have been activated for online purchases.
Card transactions will be acquired for Boldmarket via Yoco (Pty) Ltd who are the approved payment gateways for all South African Acquiring Banks. Yoco and PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the
website.
If authorisation is not obtained, the order is cancelled. If authorisation is obtained, payment is usually immediate. You guarantee that you are fully authorised to use the credit card for payment of your order and that there are sufficient funds in this credit card account to cover the costs of any transactions you complete on Boldmarket.
Paying by EFT:
Instant EFT
Instant EFT payment is available to all Nedbank, Standard Bank, Capitec, FNB and Absa customers. These payments are processed immediately and provide a secure transfer for immediate payment.
Benefits?
Select your Bank
Login using your internet banking credentials
Upon successful payment your order status will be updated immediately.
There is no need to enter Boldmarket's banking details or order reference number
The automated process will navigate and populate the relevant fields on your behalf in the background
Select an account to pay from and enter a reference for your records
Your bank will send you an otp or mobile authentication to your mobile phone to verify the payment
Enter otp or accept the authentication message
Payment is complete
How long do you have to wait?
Your order status will be updated immediately
There is no need to send through a proof of payment
There is no need to wait for funds to reflect in the sellers account
Is it safe?
Instant EFT guarantees the highest levels of security when paying online
Instant EFT has a Thawte EV SSL encryption certificate which gives our payment processing service an extremely high level of security
Instant EFT acts as a proxy between you and the bank to facilitate a faster, safer and easier payment process for both the buyer and the seller
Your online banking login details are NOT stored.
All Instant EFTs are processed by Yoco.
Merchant Outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
7. Delivery
Standard Delivery
As buyer, you indicate where in South Africa you require delivery, as well as contact numbers to be used in connection with delivery.
Your parcel will be delivered to the address you specified in the checkout process.
In the case of Post office delivery, your order will be delivered to the post-office nearest to your address within the postal code you selected.
In the case of pick up point delivery, your order will be delivered to your selected pick up point.
On inputting your address during checkout, the site will indicate to you whether your postal code qualifies for Standard delivery, the nearest post office or to a pick up point.
In the case of post office delivery, if the parcel is not collected within 30 days of it being delivered to the post office, the parcel will be returned to our warehouse and a return will be processed for the goods. You will be contacted in order to confirm the refund method you would prefer.
In the case of pick up point delivery, if the parcel is not collected within 8 calendar days of being delivered, the parcel will be returned to our warehouse and a return will be processed for the goods. You will be contacted in order to confirm the refund method you would prefer.
Unless we inform you otherwise, before you place your order and before the final confirmation, the estimated maximum delivery time for an order in South Africa – for Standard delivery is 7-21 working days.
As outlined above, all Boldmarket standard deliveries take place during business hours i.e. there are no deliveries over weekends or on public holidays. Please take this into consideration when selecting your delivery address.
Delivery completed
A delivery is considered complete as soon as the parcel is accepted and signed for either by the customer or by an individual on the customer’s behalf at the specified delivery address.
In the case of post office or pick up point delivery, the delivery is considered complete when the parcel is successfully delivered by Speed Services to the post office associated with your delivery address, or to the applicable pick up point.
It is your responsibility, as buyer, to ensure that you or the intended receiver of the gift (when applicable) inspect(s) the parcel on arrival and makes known any justifiable complaints. The receiver has the right to refuse the parcel if it appears to have been opened or if it has clearly been damaged.
Such complaints and claims must be brought to the attention of Boldmarket.
Lost parcels
In the event that a parcel is delcared missing, should stock be available a replacement order will be sent to the customer via the intended original delivery method.
If stock is not available, the order (at Rand value paid) plus any relevant delivery fee will be refunded.
Boldmarket will contact the customer in both cases to advise possible delays and/or preferred refund method.
8. Defective items, returns and reimbursement
If you are dissatisfied with your purchase due to a defect, incorrect product choice or other reason, you may return it to Boldmarket within 30 days of delivery. If you are based in South Africa, you can either receive a Boldmarket account credit or a refund, or have the product repaired or replaced, depending on the situation.
In the case of a damaged or incorrect item having being delivered, Boldmarket will evaluate each case and issue a refund upon proof of the damaged/incorrect item.
You can only exchange your returned item for a different size, not for a different colour or any other item.
For exchanges you need to contact the customer service team to ensure we reserve and confirm the availability of the size you are exchanging for.
Find more information on Boldmarket's Help section on Returns
9. Sales records
Complete records of each transaction between you and Boldmarket are kept on the site for 12 months after a particular purchase or related transaction. During this time, you'll be able to view and print out these records. After the 12-month period the responsibility of keeping Such record falls onto you.
10. Competitions & Promotions
Boldmarket may release printed or digital discount coupons (“coupons”) from time to time. Such coupons may be available through the website and/or from third-party websites, in magazines and other media. Coupons can be used to secure a discount on the site as long as the coupon is valid. Given expiry dates cannot be moved.
Promotional coupons
Promotional coupons are issued at Boldmarket's discretion. Users don't have the right to promotional coupons and can't earn them.
Promotional coupons are issued with specific terms and conditions that regulate how and when they can be used. For example, certain coupons may be product specific in that they are only valid against a selected group of products. Exclusions may also exist with certain coupons e.g. not valid on items in OUTLET. The onus is on the shopper to check the full coupon T&Cs to ensure they understand the coupon’s applications and limitations.
In general, unless otherwise specified on the coupon itself: a coupon is only valid for 30 days from date of issue. A coupon can only be used against a purchase on the site when the purchase meets the terms and conditions as specified on the coupon.
Only one coupon can be used per shopping cart. Coupons are not transferrable and cannot be exchanged for cash. The discount value of the coupon will be deducted from the total amount in your shopping cart. The remaining balance, if any, must be paid by you.
Creation of multiple Boldmarket accounts, with different email addresses, in order to utilize a coupon on multiple occasions, is abuse of the benefit and Boldmarket reserves the right to not release these orders.
Should you wish to return an item you have purchased using a coupon:
a. If you have redeemed a coupon against a purchase, and you'd like to return all items purchased, Boldmarket will refund you or credit your account with the rand value of the purchase. Please refer to the specific terms and conditions on the coupon for information on whether it will be reinstated and the terms that will apply.
b. If you have used a coupon against a purchase and then return some of the products purchased, Boldmarket will apportion the value of the coupon across the relevant items in the cart and then refund you the relevant rand amount based on the items being returned.
c. If you have used a coupon against a purchase and then return some of the products purchased, Boldmarket will recalculate the total value of your purchase AFTER the returned product(s) has/have been deducted. If the recalculated purchase value no longer meets the terms and conditions associated with the coupon, Boldmarket reserves the right to deduct the value of the coupon off the refund for the returns, or, should you have credit in your Boldmarket account, to debit the value of the coupon off your account balance.
Promotional coupons cannot:
Be used to buy gift vouchers
Be exchanged for cash
Be transferred to anyone else
Be used after the expiry date which is, unless otherwise specified, 30days from date of issue
Be used together with any other promotion, including against items in OUTLET, items already on sale or items discounted as part of another promotional offer.
11. Gift Vouchers
Electronic gift vouchers can be purchased on the Boldmarket website. Boldmarket gift vouchers can only be redeemed while they are valid. Their expiry dates cannot be extended.
Vouchers cannot be:
used to purchase other Gift Vouchers;
used towards purchases at any affiliate websites or
exchanged for cash
General terms of Boldmarket gift vouchers:
Gift voucher value can be set by you, to any value between R100 and R5 000.
The chosen value must be in rands, no cent values are permitted.
You may use more than 1 gift voucher per transaction, should you wish to.
If a gift voucher Is used to purchase a cart that is of lower value than the voucher, the residual amount will be tied to the voucher code.
You can check the balance of a gift voucher within your user account section.
If you have a gift voucher, that voucher can be used by someone other than you and you can assign your rights to use that voucher. We assume no liability for the loss, theft or illegibility of gift vouchers.
You may purchase gift vouchers for use on the Site by yourself or as a gift. These gift vouchers will be sent to you or your chosen recipient via email.
Gift vouchers cannot be used to buy further gift vouchers.
The credit of a gift voucher does not accrue interest nor does it have a cash value.
Gift vouchers are not refundable for cash once purchased.
If the credit of a gift voucher is insufficient for the Order you wish to make, you may make up the difference through either Credit Card, or EFT.
12. Security
Anyone downloading or trying to download malware or damaging coding on this site, or who tries to gain unauthorised access to any page on this site, will be prosecuted.
Boldmarket will claim civil damages from Such person if Boldmarket suffers any damage or loss.
You agree and guarantee that the username and password you use to log in is for your personal use only, and will not be passed on to any third party.
You allow Boldmarket to take all steps reasonably possible to ensure the integrity and security of the site and in the administrative office.
All credit card transactions on the site are protected by SSL (Secure Socket Layer) encryption and reinforced by various encryption processes with the aim of offering the most effective possible protection of any sensitive information. Boldmarket has no access to any confidential information regarding your payment method.
Only Boldmarket's banking partner will access confidential information (Such as your credit card number, expiry date, CVV etc.) from time to time.
13. Third-Party Sellers
Boldmarket will indicate on relevant product pages and checkout pages when Goods are for sale by a Third Party Seller. In such cases Boldmarket provides the platform to facilitate transactions between Third Party Sellers and Boldmarket customers. The Third Party Seller brings the goods to Boldmarket warehouse where they will be thoroughly vetted by the BQAT (Boldmarket Quality Assurance Team).
Boldmarket is responsible for the fulfilment of delivery of the Goods. All clients will interact with Boldmarket representatives, not with the Third Party Seller.
Not all Third-Party Sellers are registered VAT (Value-Added Tax) vendors. Only Third Party Sellers who are registered VAT vendors may charge VAT on Goods sold and issue a tax invoice in respect thereof. If a Third Party Seller is not a registered VAT Vendor, it may not charge VAT on Goods sold and will not be in a position to issue a tax invoice in respect thereof.
Because Boldmarket wants the registered user to have a safe and consistent experience, Boldmarket will handle any returns under the CPA or the Electronic Communications and Transactions Act 2002 (“ECT Act”), by the registered user arising out of or in connection with the Sale between a registered user and a Third Party Seller on behalf of the Third Party Seller according to Boldmarket's own Returns Policy. Should such claim escalate into being a dispute, Boldmarket is obliged to find a way to resolve it without referring the client to the Third Party Seller.
14. Indemnity
Boldmarket is responsible for adhering to the Consumer Protection Act 68 of 2008 ("CPA") with the sale of any products from the site. Similarly, Boldmarket is responsible for adhering to articles 43(5) and 43(6) of the Electronic Communication and Transactions Act in terms of payment systems and security.
However, neither Boldmarket nor any of its representatives will be held responsible for any loss or accountability of any kind that arises from the use of (or inability to use) this site, its services or content.
Furthermore, Boldmarket provides no guarantee, implied or otherwise, that the content or technology attached to this website is free of errors or omissions. Nor is there any guarantee whatsoever that service will be 100% uninterrupted or faultless. We encourage you to report any possible malfunctions and errors by emailing support@boldmarket.co.za.
Although the products on the site may be under guarantee, the site itself is offered on an "as it is" basis and is not set up or delivered according to your individual specifications.
It is your responsibility, before accepting these T&Cs, to determine whether the service available through this website satisfies your individual needs and is compatible with your hardware or software. Information, ideas and opinions expressed on this web site should not be regarded as professional advice, or as Boldmarket's official stance.
We encourage you to obtain professional advice before taking any action on the strength of information, ideas or opinions expressed on this site.
15. Applicable Laws
This site is offered, controlled and run from the Republic of South Africa. As Such it is governed by South African legislation, and subject to the disputes clause in these T&Cs.
You and Boldmarket are subject to the non-exclusive jurisdiction of the South African courts. Each and every section of these terms and conditions must be read as individual and separable from the rest of the terms and conditions.
Should any court or qualified authority find that any of the terms are invalid or unenforceable, the remainder of the terms and conditions will remain standing, despite invalidity or unenforceability of an individual term.
16. Changes to Terms and Conditions
Boldmarket may, at its own discretion, change these terms and conditions or any part thereof. As indicated in the T&Cs, it is the responsibility of the registered account holder or user to familiarise yourself with the T&Cs before using the site. By registering, or using the site at all, you recognise that you've read, accepted and agreed to be bound by these T&Cs.
17. Disputes
Barring urgent or interim legal help that may be granted by a court of law: In the event of any disputes of any kind between you and Boldmarket, arising out of any situation catered for in these terms or conditions (or that arises out of these terms and conditions) and that cannot be resolved by the client service centre, the dispute may be presented for confidential arbitration.
Such arbitration will be handled according to the rules stipulated by the Arbitration Foundation of South Africa.These rules can be found here.
Legal notice address
Boldmarket elects as address for all purposes regarding these terms and conditions, whether for legal notices or serving of other communication documents of any kind, the following address:
364 Kent Avenue.
Unit 209 Kent Lofts
Ferndale, Randburg
2194
An electronic copy is to be sent to care@boldmarket.co.za (Such copy must be delivered in conjunction with physical copy for serving to be effected.)
18. Terms and Discontinuation
These terms and conditions take effect on the date of first publication of the website and continue indeterminately. They may be revised by Boldmarket from time to time (as described above), for as long as the website continues to exist and be operated. Boldmarket is entitled to terminate these terms and conditions or close down the website at any time, subject to processing any pending purchases.
If you don't meet your obligations regarding these terms and conditions, including any incidents about payment and price or an order, and you neglect to rectify Such non-adherence within 5 working days after Boldmarket has instructed you to do so, your access to the service will be blocked.
We have the right to close your account and deny you access to the site, depending on the severity of your actions. Such action on the part of Boldmarket will not have any negative effect on any damages Boldmarket may claim.
19. Copyright and other intellectual property
Any and all copyright relating to the website, including these terms and conditions, is held by Boldmarket (and partners). All rights not expressly given are reserved. You may download, view and print content from this site only for private and non-commercial ends. To obtain permission for commercial use of any content from this site, please send an email support@boldmarket.co.za. Boldmarket is unable to edit or screen all content on the site, and will not be held accountable for illegal, libellous or obscene content. We advise you to inform Boldmarket of any offensive or illegal material. All content, trademarks and data on this website, including but not limited to software, databases, text, graphics, icons, links, private information, designs and agreements, are the property of or under licence of Boldmarket. As Such they are protected by local and international legislation and agreements.
20. Electronic communication
When you sign up for a Boldmarket newsletter, opt into marketing communication, register an account, conclude a purchase, visit the site or send an email to support@boldmarket.co.za, you agree to get electronic communication from Boldmarket.
21. Links, 'Framing', 'Spiders' and 'Crawlers'
No person, business or website may be linked to any page on this site without prior written permission from Boldmarket. Such permission can be obtained by sending an email to support@boldmarket.co.za.
Links to non-Boldmarket sites given on this website are provided “voetstoots” and Boldmarket does not necessarily agree with the content of Such sites, which Boldmarket is unable to edit or underwrite.
No person, business or website may use any technology to glean information from this site without prior written permission from Boldmarket. Such permission can be obtained by sending an email to support@boldmarket.co.za.
22. Boldmarket.co.za corporate information
The Electronic Communication and Transactions Act determines that when goods or services are provided via certain electronic transactions, the seller must make certain information public on the site where the goods or services are offered.
Boldmarket information is as follows:
Boldmarket (Pty) Ltd
Trading as Boldmarket, Reg. nr 2023/582531/07
364 Kent Avenue.
209 Kent Lofts
Ferndale,Randburg
2194
Website: www.boldmarket.co.za
Official email address: care@boldmarket.co.za