1. This website can be accessed at , related mobi-sites and software applications (the “ ”) and is owned and operated by Soul Technology CC (“ ”, “ ”, “ ” and “ ”).
2. These Website Terms and Conditions (“”) govern the ordering, sale and delivery of Goods, and the use of the Website.
3. These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“”, “ ” or “ ”), including without limitation each user who registers as contemplated below (“ ”). .
4. The Website enables you to shop online for an extensive range of goods including electronics, computer peripherals, IT product, gaming related, and more (“”).
1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “”).
4. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Baobab t to explain it to you before you accept the Terms and Conditions or continue using the Website.
5. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Baobab in terms of the CPA.
6. Baobab permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
1. Please refer to our Returns Policy for more information about returning products (and related refunds, replacements or repairs). The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
1. Only registered users may order Goods on the Website.
2. To register as a user, you must provide a unique username and password and provide certain information and personal details to Baobab. You will need to use your unique username and password to access the Website in order to purchase Goods.
3. You agree and warrant that your username and password shall:
1. be used for personal use only; and
2. not be disclosed by you to any third party.
4. For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
6. You agree to notify Baobab immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
8. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Baobab representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
9. You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
10. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Baobab representative.
1. Registered users may place orders for Goods, which Baobab may accept or reject. Whether or not Baobab accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by Baobab for the Goods.
3. Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy.
4. Placing Goods in a wishlist or shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold Baobab liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
6. Certain Goods may not be purchased for re-sale. Should we suspect that any such Goods are being purchased for sale, we are entitled to cancel your order immediately on notice to you.
7. Please see details relating to Pre-orders in our FAQ’s: Pre-Order, which are incorporated by reference.
1. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
2. Whether the Goods are for sale by Baobab, payment can be made for Goods via -
1. credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. ;
2. Instant EFT;
3. The above payment options are explained in more detail in our Frequently Asked Questions (“”): Payment, which are incorporated by reference.
5. Once you have selected your payment method, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
1. Baobab offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:
1. courier; or
2. For more information about delivery, please see our FAQs: , which are incorporated into these Terms by reference. Our delivery charges are subject to change at any time, without prior notice to you, so please check the FAQs for the most up-to-date information. You will see the applicable delivery charges in your cart when you check out.
3. Where it accepts your order, Baobab will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.
4. Baobab’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order.
2. Baobab shall not be bound by any incorrect information regarding our Goods displayed on any third party websites.
1. Baobab may from time to time make physical or electronic gift vouchers (“Gift Vouchers”) and promotional coupons or discounts (“Coupons”) available for use on the Website towards the purchase of Baobab Goods. Gift Vouchers and Coupons can only be redeemed while they are valid and their expiry dates cannot be extended. More specifically:
1. Gift Vouchers that are purchased by registered users are valid for 3 years after Sale. Gift Vouchers that Baobab gives away for free are valid for the period stated thereon. In each case, if your Voucher has not been used within that period, it will expire.
2. Gift Vouchers cannot be used to buy other Gift Vouchers or Coupons. They do not accrue interest and are not refundable for cash once purchased. If your Gift Voucher value is insufficient for the order you wish to place, you may make up the difference by paying via one of our other payment methods.
1. There are two types of Coupons; a Coupon with a fixed amount of a discount, e.g. R100 off (“ “), and a Coupon with a percentage discount, e.g. 10% off (“ “).
2. Coupons are issued in Baobab’s sole discretion and we are entitled at any time to correct, cancel or reject a Coupon for any reason (including without limitation where a Coupon has been distributed in an unauthorised manner). Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.
3. As a general rule, and unless specified otherwise on the specific Coupon itself:
1. each Coupon can only be used once;
2. only one Coupon can be used per order;
3. only one Coupon can be used on the Website per person per promotion/campaign;
4. Percentage Coupons may only be redeemed on purchases with a total cart value of less than R5,000;
5. where a Percentage Coupon has been used and you wish to cancel any items in the order prior to making payment, the entire order must be cancelled. You will be issued with a new Percentage Coupon and will need to place the order again, without the item that you wished to cancel;
6. a Coupon must be used at check-out – it cannot be used later on existing orders; and
7. the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.
4. Coupons cannot be used to buy Gift Vouchers or other Coupons, and cannot be exchanged or refunded for cash or credit. Baobab
5. If for any reason a Coupon does not reflect on the final amount due from you at check-out, you can contact us to confirm if the Coupon is still valid. If Baobab confirms that the Coupon is still valid and you have already placed your order, you can choose whether to cancel the order and place it again with the Coupon, or you can use the Coupon on your next order within the limitations of the specific Coupon’s terms and conditions.
6. You may be required to submit the original communication containing the Coupon code, and any other information reasonably requested by Baobab, before you are able to use a Coupon.
1. We may from time to time offer bundle deals for sale under the Bundle Deals tab on the Website (“ “). Each Bundle Deal will consist of two or more products that either we or you (as provided on the Website) have combined together in a single bundle.
2. Any saving or discount resulting from purchasing a Bundle Deal instead of its component products separately may be applied to any of the component products individually in our sole discretion. The actual purchase price (after applying any applicable saving or discount) of each component product will be communicated to you upon checkout and reflected in your order history. This is relevant to the amount that would be refunded to you, if you were to return any product in a Bundle Deal for a refund, in accordance with our Returns Policy.
3. A Bundle Deal should be distinguished from a pre-packed bundle compiled by our supplier and supplied to us as a single unit (““). Any saving or discount in respect of a Pre-packed Bundle will be applied only to the total bundle price and not to the prices of the individual component products. Please refer to our Returns Policy for information about returning a Pre-packed Bundle.
1. We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.
2. Should you decide to register as a user on the Website, we may require you to provide us with personal information which includes but is not limited to -
1. your name and surname;
2. your email address;
3. your physical address;
4. your gender;
5. your mobile number; and
6. your date of birth.
3. Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.
4. You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
5. Subject to clause 15.6 below, we will not, without your express consent:
1. use your personal information for any purpose other than as set out below:
1. in relation to the ordering, sale and delivery of Goods;
2. to contact you regarding current or new Goods or services or any other goods offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us);
3. to inform you of new features, special offers and promotional competitions offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us); and
4. to improve our product selection and your experience on our Website by, for example, monitoring your browsing habits, or tracking your sales on the Website; or
2. disclose your personal information to any third party other than as set out below:
1. to our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Goods or when delivering Goods to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
2. to our divisions, affiliates and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);
3. to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these Terms and Conditions;
4. to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their own benefit;
5. to our suppliers in order for them to liaise directly with you regarding any faulty Goods you have purchased which requires their involvement; and
6. to any Third Party Seller for purposes of sending you an invoice for any Goods purchased from such Third Party Seller, which disclosed information will be limited to your email address (refer to clause 14 above).
6. We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, Baobab is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
7. We will ensure that all of our employees, third party service providers, divisions, affiliates and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.
8. When you provide a rating or review of a Product, you consent to us using that rating or review as we deem fit, including without limitation on the Website, in newsletters or other marketing material. The name that will appear next to that rating or review is your First Name, as you would have provided upon registration. If you do not agree to this, please do not put any ratings or reviews on the Website. We will not display your Last Name, nor any of your contact details, with a rating or review.
9. We will -
1. treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;
2. take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
3. provide you with access to your personal information to view and/or update personal details;
4. promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
5. provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
6. upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.
10. We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
1. Baobab may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
2. Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
1. The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“t”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Baobab, its advertisers and/or sponsors and/or is licensed to Baobab.
2. You will not acquire any right, title or interest in or to the Website or the Website Content.
3. Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact us via our .
4. Where any of the Website Content has been licensed to Baobab or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
2. Whilst Baobab takes reasonable measures to ensure that the content of the Website is accurate and complete, Baobab makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by Baobab’s representatives, Baobab shall not be bound thereby.
5. Any views or statements made or expressed on the Website are not necessarily the views of Baobab, its directors, employees and/or agents.
1. This Website may contain links or references to other websites (“”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and Baobab is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
1. We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
5. At any time, you can choose to stop using the Website, with or without notice to Baobab.
1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
2. In the event of any dispute arising between you and Baobab, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
3. Nothing in this clause 23 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
1. Baobab hereby selects Unit 8, Grand Central Park, 87 New Road, Midrand, Gauteng, as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Baobab may change this address from time to time by updating these Terms and Conditions.
2. You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving Baobab not less than 7 days’ notice in writing.
3. Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent -
1. by hand will be deemed to have been received on the date of delivery;
2. by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
3. by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and
4. by email will be deemed to have been on the date indicated in the “Read Receipt” notification. to serve as proof that an email has been received.
1. We are a participant under the Consumer Goods and Services Industry Code and are bound by it. An electronic copy of this Code is available at . If you have a complaint about the goods or services provided by us or require information regarding our internal complaints-handling process, please get in touch with us via our on the Website or you can contact our call centre on 011 314 5800/4800.
don’t resolve your complaint within 15 (fifteen) business days of you having
notified us of it, you are entitled to approach the Consumer Goods and Services
Ombud (“CGSO”), to assist in resolving the dispute. The CGSO’s contact details
are: Website: http://www.cgso.org.za/ Sharecall: 0860 000 272
1. For the purposes of the ECT Act, Baobab’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
1. : Soul Technology CC, a Sole Proprietor registered in South Africa with registration number 2003/069133/23
2. : Import Wholesaler & Online retailer
3. : Unit 8, Grand Central Park, 87 New Road, Midrand, Gauteng (marked for attention: Owner and Legal)
5. : +011 314 5800/4800
6. : firstname.lastname@example.org
7. : The manual published in terms of section 51 of the Promotion of Access
to Information Act 2000 may be downloaded from .
Third Party Sellers’ information is available in the relevant Product listing and/or via the customer support centre contactable via our .
1. Baobab may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
1. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
2. Any failure on the part of you or Boabab to enforce any right in terms hereof shall not constitute a waiver of that right.
3. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
4. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
5. No indulgence, extension of time, relaxation or latitude which any party (the “”) may show grant or allow to the other (the “ ”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
6. These Terms and Conditions contain the whole agreement between you and Baobab and no other warranty or undertaking is valid, unless contained in this document between the parties.