Who you are contracting with:
Lay-out of these T&C: These T&C apply to your use of, and purchases made on, the Website and are divided into various sections as follows:
PART 1 – PURCHASES FROM BJ
BJ Products & Availability
The product that BJ offers is a device (hereinafter referred to as “EasiRyder”) for towing a motorcycle behind a motor vehicle by coupling the EasiRyder to the towbar system on a motor vehicle by means of a Tow Bracket designed specifically for this purpose. Components of this EasiRyder System are available as spare parts and may be purchased separately.
Identification of BJ products:
Product listings which do not specify the name of a third party seller, are products offered for sale by BJ and, once added to your shopping basket, will reflect the BJ icon.
Stocks of all goods on offer are limited. BJ shall take all reasonable efforts to ensure that when stock is no longer available, that offers thereof are discontinued. However, should BJ be unable to fulfill any order placed by you at the advertised price due to stock having sold out, BJ will notify you and you will be entitled to a refund of the amount paid by you for such product should you not be able to wait for new stock, as explained in more detail in the Refund Policy ("Refund Policy")
Please note that although BJ endeavors to accurately describe and/or depict each product on the Website, some descriptions or photographs may be of a generic nature and not specific to the particular product you wish to buy. However, should you be dissatisfied with the product you receive for any reason, you are entitled to return the product to BJ for a full refund within 7 days of delivery. Please see our Refund Policy in this regard (which explains how and when you can be refunded, as well as how returns are to be made).
Limits to functionality and usage of EasiRyder:
The EasiRyder is designed to (i) carry motorcycles with a maximum wet weight of 200kg and should only be used for this purpose, and within this weight range, and for no other purpose (ii) fit onto a SABS approved Tow Bracket system fitted to a suitable motor vehicle by an approved Tow Bracket supplier and/or fitter.
The tow vehicle must capable of accepting the weight imposed on (i) the tow bracket system and (ii) the vehicle suspension by a trailer under load and in compliance with the Tow Bracket manufacturers specifications.
Prior to delivery the tow vehicle must be inspected at an approved fitment centre to satisfy the above conditions. On compliance the EasiRyder will be released. BJ will arrange this inspection at a convenient centre.
The motorcycle must be lifted into the towing position of the EasiRyder, using the supplied Lifting Handle, only once the rear wheel has been securely strapped into the cradle fixture of the EasiRyder with the strapping system supplied.
The motorcycle may only be towed once the front-wheel alignment straps have been fitted and adjusted as per the product instructions and a final safety check carried out as per the INSTRUCTIONS.
Illegal Use of EasiRyder
EasiRyder is the exclusive property of BJ or its licensors and is protected by intellectual property laws. The EasiRyder product is intended for the purpose and limitations for which it is designed. Any other use of the EasiRyder product purchased from BJ is strictly prohibited.
You may not modify, reproduce, reverse engineer, or in any way exploit, any of the design features, in whole or in part, (“Illegal Activities”). By purchasing a EasiRyder product, you hereby acknowledge and agree to these terms. You hereby undertake that you shall not attempt to be able to do any of the Illegal Activities and should any of the Illegal Activities be possible for some reason, you undertake to not do so. You hereby indemnify BJ from any and all loss, damage, or expense it may suffer or from claims which may be made by third parties against BJ which arise from or in relation to your use of the EasiRyder product or your having participated in any Illegal Activities in relation to any EasiRyder product sold by BJ.
Ordering the EasiRyder product from BJ
Simply select the product you wish to buy and click on “add to Cart”. Continue shopping until you are ready to check out. Click “Checkout”, make your choice “Register Account” or “Guest Checkout” and “Continue”. Fill in the required fields, Tick Terms & Conditions and “Continue” to follow the instructions. Happy shopping!
Agreements of Sale
Placing a BJ product in a shopping basket or adding it to a wishlist without completing the purchase cycle does not:
and as such, BJ may remove such product from the shopping basket or wishlist if stock becomes unavailable and you cannot hold BJ 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:
Termination of Sales & Cancellation of Orders
Amounts payable by You
The price of each product is displayed with the product listing and includes 14% Vat. 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. Please see details of BJ's delivery charges by clicking here.
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. BJ does not know what import duties/levies may be payable and cannot calculate or estimate such costs. You are responsible for determining whether any such import duties/levies are payable and, if so, the amount thereof.
Note: BJ is not selling the EasiRyder outside of South Africa at present and will not do so until we have a support structure in place for those countries within which EasiRyder will be sold. We welcome all enquiries from countries outside of South Africa through firstname.lastname@example.org
BJ 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, BJ will not be obliged to sell products at such incorrect prices and/or delivery charges, but shall refund monies paid by you should you not wish to proceed with the purchase at the correct price and/or delivery charge.
Subject to the Exceptions listed below, your payment for any products ordered from BJ must be made to BJ's bank account in any one of the following ways:
At the time of placing the order, the transaction details are presented to the bank and payment is collected immediately. If bank’s authorization is not obtained, the order will be cancelled.
If you select the 'pay via bank deposit' button, instructions will be given on how to deposit monies into BJ's bank account and it would be subject to the following rules:
Where we deliver: BJ delivers to addresses within the borders of South Africa at this point in time.
All EasiRyder items listed on the Website have an indication of the delivery time:
EasiRyder and related products- usually 7 to 10 business days. There may be exceptions where, due to demand, industrial strike action, mechanical failure in the factory, or any other unforseen delay may cause the delivery time to be extended.
BJ is not selling or delivering the EasiRyder to countries outside of South Africa at this point in time. We welcome all enquiries from countries outside of South Africa via email@example.com
IMPORTANT TO NOTE:
BJ may make physical and/or electronic coupons (“Coupons”), as well as electronic promotional coupons (“PCoupons”) available on the Website from time to time.
Coupons can only be redeemed -
Gift Vouchers (Available June, 2019)
Physical Vouchers can be purchased and will be delivered in the same way that BJ products are, either on their own or together with other products.
Coupons cannot be –
Please note that certain Coupons may be product-specific in that they can only be used to purchase specific BJ products listed on the Website.
Coupons are issued electronically at BJ's own discretion. 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. As a general rule, and unless specified otherwise on the specific Coupon itself –
Coupons and their expiry dates are listed under 'MY ORDERS' on the Website.
Complaints against BJ approved Sellers (Future sales channels)
Should you –
Please notify BJ thereof by contacting firstname.lastname@example.org or +27(0)61 034 5949, so that BJ can take such measures as it deems appropriate.
PART 2 – GENERAL
Note that this part 2 applies to all purchases made on the Website.
Restrictions on Sales
The onus is on you to ensure that you meet any legal restrictions applicable to products ordered by you on the Website and that these restrictions are observed. Accordingly you indemnify BJ from any and all liability in this regard, including any liability arising as a result of your failure to provide accurate information in this regard when completing the Website registration process.
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, and how products are to be returned to us.
A full record of every sale and related transaction between you and BJ shall be maintained on the Website for a period of 6 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, where after, you shall be responsible for retaining your own record of the relevant sale or related transaction.
Disclaimer - Website
Save for BJ being liable to you –
Neither BJ 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, BJ 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 sales,email@example.com
Although the products sold via the Website may be under warranty, the Website itself 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.
Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of BJ and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website.
Disclaimer - Product
Before purchasing a EasiRyder trailer, please confirm that the EasiRyder is compatible with your vehicle and towing system. Tow Bracket specifications and limitations are usually available from the supplier/fitter. Purchasing our products signifies that you have read, understood and accepted all the statements in the disclaimer.
Where the Tow bracket assembly fitted to your vehicle is not an SABS approved device and / or your Tow Bracket has not been fitted by an approved Tow Bracket supplier and / or fitter and your tow vehicle is not capable of accepting the weight imposed on the tow bracket system and the vehicle suspension by a EasiRyder trailer under load and even though the tow bracket complies with the Tow Bracket manufacturers specifications, BJ shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use the EasiRyder product.
BJ and / or the people involved in manufacturing and distributing the EasiRyder product will never be liable for any loss of any nature, including physical or psychological damage, legal problems or any other action occasioned by the use or misuse of the EasiRyder product/s.
Our primary concern is safety and, consequently, happy and satisfied customers. Please check your tow bracket specifications.
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 BJ submit to the non-exclusive jurisdiction of the South African courts.
BJ 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). PAIA may be downloaded from: http://us-cdn.creamermedia.co.za/assets/articles/attachments/03569_promofaccestoinfoact2.pdf
BJ may electronically collect, store and use the following of your personal information:
BJ collects, stores and uses the abovementioned information for the following purposes:
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 BJ and/or its partners / affiliates.
BJ may collect, maintain, save, compile and share any information collected from you, subject to the following provisions:
◦through due legal process.
You acknowledge and agree that certain personal information (i.e. your full names, delivery address, email address, and contact number) will be disclosed to EasiRyder from whom you have ordered products in order to enable delivery of such products to you and to facilitate communication between you in relation to your purchase of such products.
Any person that delivers or attempts to deliver any damaging code to this Website or attempts to gain unauthorized access to any page on this Website shall be prosecuted and civil damages shall be claimed in the event that BJ suffers any damage or loss.
You agree and warrant that your log-in name and password shall:
You allow BJ to take all reasonable steps to ensure the integrity and security of the Website and back-office applications.
All credit card transactions are Secure Socket Layers encrypted. BJ's registration documents and the Website's registered domain name are checked and verified by the VCS processes.
Changes to Agreement
BJ may, in its sole discretion, change these T&C or any part thereof at any time on notice to you. It is your responsibility to ensure that you are satisfied with the amendments. Should you not be satisfied with the amendments, you must refrain from placing any further orders on, or from using in future.
Between you and BJ
Save 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 BJ on any matter provided for in, or arising out of these T&C, and not resolved through the Customer Relations Department of BJ, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. The expedited arbitration rules may be downloaded from http://www.arbitration.co.za/downloads/expedited_rules.pdf
Address for Notices
BJ chooses as 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: 2 Hamlin Manor, Glenluce Road, Douglasdale, Sandton, Gauteng. South Africa, with a copy to firstname.lastname@example.org and a registered copy to physical address above.(the sending of such copy being required in order for any notice to be validly delivered to EasiRyder).
Term and Termination
These T&C shall commence from the date on which they are published on the Website and continue indefinitely, as amended by BJ from time to time (as described above), for so long as the Website exists and is operational, BJ being entitled to terminate these T&C and/or shut down the Website at any time (subject to still processing any orders then already placed and accepted by BJ).
Copyright & other Intellectual Property Rights
Any and all copyright subsisting in the Website, including these T&C, vests in BJ and all rights not expressly granted are reserved.
Unless you have registered as an approved EasiRyder seller with BJ (go to email@example.com for details), you may only download, view and print content from this Website for private and non-commercial purposes. To obtain permissions for the commercial use of any content on this Website e-mail us or phone customer support on +27(0)61 034 5949 for assistance.
BJ cannot screen or edit all the content available from the Website and does not accept any liability for illegal, defamatory or obscene content. You are encouraged to inform BJ of any content that may be offensive or illegal.
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 BJ and as such are protected from infringement by local and international legislation and treaties.
When you visit the Website or send e-mails to BJ, you consent to receiving communications from BJ electronically and agree that all agreements, notices, disclosures and other communications sent by BJ satisfy any legal requirements, including but not limited to the requirement that such communications should be "in writing".
Hyperlinks, Framing, Spiders & Crawlers
Hyperlinks provided on this Website to non-BJ sites are provided as is and BJ 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.
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 BJ. Such permission could be obtained from firstname.lastname@example.org
The ECT Act states that when goods or services are offered by way of certain electronic transactions, the seller thereof must make certain information about it available to customers on websites where the goods or services are offered.
BJ's information is as follows:
Full name: Billy Jones 30 Church Road, Tonteg, Wales, United Kingdom
Main business: Online retailer
Address for receipt of legal service: 2 Hamlin Manor, Glenluce Road, Douglasdale, Sandton, Gauteng Republic of South Africa
Official email address: email@example.com
PROATIA: The manual published in terms of section 51 of the Promotion of Access to Information Act No 2 of 2000 may be downloaded from http://www.naspers.co.za
Code of Conduct: not applicable
Cooling Off Period
Save for certain exceptional cases (as listed below), Section 44 of 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 within 30 days thereafter, subject to being charged by BJ for the return of the goods. You will thus be able to return certain products that you are not satisfied with for any reason within such 7 day period.
Section 42(2) of the ECT Act sets out all the exceptions to the aforesaid ‘cooling-off right’. The exceptions include the following products in respect of which NO cooling off period shall apply:
You will only be entitled to a refund in respect of the exceptions listed above in the event and to the extent that any such refund is provided for under the express provisions of this Refund Policy herein below.
If a product purchased is not delivered within the agreed delivery period, or where no specific period was agreed, within 30 days after having purchased the Product, the ECT Act entitles you to cancel such sale on 7 days notice to the seller of such product (i.e. BJ), the functionality for giving such notice being provided on the ‘my orders’ webpage of the Website.
Should a product purchased be unavailable, the seller thereof (i.e. BJ) must notify you and issue a full refund within 30 days after such notice.
Refunds on purchases from EasiRyder
EARLY CANCELLATIONS – PENALTY FREE*
You are entitled to cancel (either in whole or in part) any sale without attracting any cancellation and/or administration charges if you cancel prior to the packaging of the products so sold. Cancellations can be effected via BJ's call centre (at +27(0)610345949).
* If timeously cancelled as aforesaid, you will be fully refunded in respect of such cancelled sale (including delivery charges), without any administrative or other charges being payable; provided that, should a sale only be partially cancelled and delivery charges as re-calculated on the value of the revised order exceed the delivery charges as calculated on the original order, you shall be liable for the amount of such excess delivery charges.
Defective / Damaged/ Unsuitable Products
•GENERAL RULE: If, within 6 months after delivery of a product to you,
and the product is subsequently found -
Exceptions to the General Rule:
Manufacturer’s Warranties/Guarantees: Certain products may carry additional manufacturer’s warranties/guarantees which are wider in scope, and/or longer in duration, than the 6 month warranty generally provided (as discussed above). Consequently, if a defect is discovered AFTER 6 months from delivery, you could still rely on the following:
Products which are NOT defective, damaged or unsuitable as discussed above, but which you want to return for whatever reason, can be returned within 7 days from delivery, as explained above under ‘Cooling Off Period’.
Processing of Refunds
Should you be entitled to a refund for any reason, such refund shall –
a) in the case of payment having been made by credit card be effected on the credit card account as the case may be, provided that if you are refunded on a credit card in respect of only a portion of any order placed by you, then any subsequent refunds processed in respect of that order will be credited to your BJ shopper profile in accordance with (b) below;
b) in other instances, be credited to your BJ 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 BJ's records. BJ will not, in this instance, pay funds into a third party bank account.
In the event that BJ is out of stock of the product ordered by you, BJ must notify you thereof, whereupon –
In being 'fully refunded' as aforesaid, you will be refunded the relevant purchase price and delivery charges, without having to pay any administrative or other charges.
BJ Not Liable - Approved Sellers (future sales channels)
Please note that although BJ facilitates BJ approved Sellers’ sales and refunds, and obliges BJ approved Sellers to conduct themselves lawfully, BJ cannot guarantee that BJ approved Sellers will sell you non-defective products, or that they will comply with their return and refund obligations as set out above, and BJ will not be liable in any way for a BJ approved Sellers’ failure to conduct itself lawfully. However, should you encounter any problems with BJ approved Sellers, please report it to BJ.