Buying Power Terms and Conditions

Buying Power Standard Terms and Conditions for independent Agents, Retailers and School Tuck Shops

General

Buying Power (Pty) Ltd is a Wholesale only supplier.
All products are either self-manufactured or sourced directly from the manufacturer.
Images on our website are a representation of the items, and the possibility exists that design and colours may vary as updates on product packaging take place.
All prices are inclusive of VAT and prices are subject to change without notice.
All goods remain the property of Buying Power until paid for in full.

Registration Conditions

To begin the registration process, you must submit a complete and accurate registration form.
We will evaluate your application and notify you if it’s acceptance or rejection.
You will ensure that the information supplied during the registration process and otherwise associated with your account, including your email address and other contact information and identification information, is always complete, accurate and up to date.
If we reject your application, you are welcome to reapply at any time. However, if we accept your application and we later determine that your industry is unsuitable, we may terminate conducting business with you at any time in our sole discretion.
We may reject your application in our sole discretion including if we determine that your industry type is unsuitable. Unsuitable industries include those that:

promote or contain sexually explicit materials;
promote violence or contain violent materials;
promote or contain libellous or defamatory materials;
promote discrimination, or employ discriminatory practices, based on race, sex, religion, nationality, disability, sexual orientation, or age;
conduct your business in a manner that is not harmful, harassing, blasphemous, defamatory, obscene, pornographic, libellous or otherwise in any manner whatsoever.
promote or undertake illegal activities;
not infringe, violate, or misappropriate any of our rights or those of any other person or entity (including copyrights, trademarks, privacy, publicity or other intellectual property or proprietary rights).

We will have no liability for these matters or for any of your end users’ claims relating to these matters, and you agree to defend, indemnify, and hold us, our affiliates and licensors, and our and their respective employees, officers, directors, and representatives, harmless from and against all claims, damages, losses, liabilities, costs, and expenses (including attorneys’ fees) relating to:

any marketing materials created and distributed by yourself,
your use of any content, whether such use is authorised by or authorised by operational documentation, or applicable law, or not,
your violation of any terms or condition stipulated by us, or
your or your employees’ negligence or wilful misconduct.

After you have been notified that your application has been successful, you will be allowed to make use of our marketing material, images, sample products, and branded items, in accordance with our operating standards and policies. We will however not be under any obligation to pay your advertising fees or promotional items.

We may send notifications (if any), approvals (if any), and other communications relating to our products, policies and procedures to the email address you provided, and you will be deemed to have received all notifications, approvals, and other communications sent to that email address, even if the email address you supplied is no longer current.

In addition you will be expected to consent to us:

Sending you emails relating to our products from time to time
Monitor, record, use and disclose contact information to interested clients in your area of operation
Monitor and investigate your operations to verify compliance with our operating standards and policies.

You will be solely responsible for growing your customer base and Buying Power is to no extend responsible to assist in growing your customer base.

Order Processing

Subject to availability and receipt of payment, orders will be processed within 2 business days and delivery confirmed by way Email and courier tracking.
We reserve the right to reject orders that do not comply with any order processes or payment requirements as set out below:

Proof of payment needs to be received before any orders are processed.
Payments not received within 48 hours after order placement will be cancelled.
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Deliveries

For deliveries in Gauteng, please allow a minimum of 48 hours.
For deliveries in other major centers and outlying regions please allow 2 – 5 working days.

Shortages and Claims

All orders are quality checked before leaving our warehouse. Shortages and claims will not be considered unless made within 48 hours of receipt of goods.
All orders must be checked at the time of delivery.
Buying Power will not be held responsible for claims on delivery notes or waybills that are not endorsed in detail.
All goods returned for credit after 7 days of receipt, which are not defective, and still in it’s original packaging will be subject to a 15% handling fee, depending on the nature of the defect.
Consumable products like disposable vapes can be returned if the product was opened in front of the agent / retailer and proved to be defective, but due to the nature of the product can’t be returned and refunded or replaced after the consumer leaves the retail shop with the product or after the agent leaves the product with the consumer.
No returns for credit will be accepted after 21 days from date of invoice on non-defective and discontinued items purchased.

Policies and Pricing

Registered Agents / Retailers and School Tuck Shops will be expected to adhere to Buying Power’s values and standards with respect to all activities they undertake.
Accordingly, as between you and us, as well as between you and the consumer, all pricing, terms of sale, rules, policies, and operating procedures concerning customer orders, customer service, and product sales set forth in these terms and conditions will apply, and the same may be changed at any time.

Compliance with Laws

You will be expected to comply with all applicable laws of South Africa including but not limited to ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, and other requirements of any governmental authority that has jurisdiction over you.

Term and Termination

The term of this partnership will begin upon our acceptance of your registration and will end when terminated by either you or us.
Either you or we may terminate this partnership at any time, with or without cause, by giving the other party written notice of termination.
Upon any termination of this partnership, all rights to sell our offered products will automatically terminate.
With regards to any cancelations or returns, upon any termination of this Operating Agreement, all rights and obligations of the parties will be extinguished, except that the rights and obligations of the parties, regarding unpaid payment obligations, will survive the termination of this Operating Agreement.

Modification

We may modify any of the terms and conditions contained in this document (and any Operational Documentation) at any time and in our sole discretion.
Revised agreement, or revised Operational Documentation, policies or procedures, will be sent via a notice of such modification to you by email to the email address then-currently as received on your registration form.
Any such change by email will be effective on the date specified in such email and will in no event be less than two business days after the date the email is sent, unless specified otherwise.
Modifications may include, for example, changes to the requirements, payment procedures, and other product requirements.
If any modification is unacceptable to you, you must immediately contact Buying Power. If there is no a resolve to your raised concerns, or if you do not accept the modifications thereafter, your only recourse will be to terminate this partnership
Your continued reselling of our products following the effective date of any modification (e.g., the date of our posting of a change notice, revised operating procedures and policies, or Revised Operational documentation specified in any email to you, regarding such modification) will constitute your binding acceptance of the change.

Non disclosure . non compete will apply