TERMS & CONDITIONS

Terms & Conditions

All Terms and Conditions (T&Cs), Policies and disclaimers on Broogaloo’s website (“we”, “use” and “our”), apply to the order, sale and delivery of goods and services. By using this website, you are bound by and agree to these T&Cs, which we may change without notice from time to time. If you do not agree to any of the T&Cs you should not continue to use the Website.

These Terms and Conditions are important and should be carefully noted as they contain provisions which, within the limits of the Consumer Protection Act, may limit Broogaloo’s risk or liability, create risk or liability for you as a consumer. Should you not understand any of the contents of these T&Cs, you are advised to contact Broogaloo by email to assist with further explanation of the T&Cs before accepting them.

Purchases and Stock Availability

You will be required to provide certain information, in order to purchase Products that are displayed on our website, which may include personal information. Please refer to our Privacy Policy on our website to view how we process and use your personal information. Use of our website confirms your understanding and acceptance of these Terms and Conditions, and you will be bound by these T&C’s during all transactions relating to the purchase of Products from our website.

Prices displayed on our website are subject to change without notice. Prices will include tax, where this is required by specific country legislation.

Orders placed may be declined or cancelled in the event of products being out of stock, damaged products, incorrect product information, incorrectly displayed prices, and due to payment for products not being received or payments not being authorized by Broogaloo. In this circumstance, if an order has been cancelled where credit card has been the method of payment the amount will automatically be refunded back to the credit card.

Broogaloo will notify you as soon as we can if any Items Ordered are not available (this may take a few days, depending on the delivery and payment method).

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.

Payment Options

Payment for Online orders is always subject to Broogaloo’s agreements with its bankers and the outsourced financial transactions service provider.

You may pay for your online orders and delivery costs using secure credit, cheque or debit card, or EFT payment on the Broogaloo online shop. This service is managed by Payfast, a market-leading payment solutions provider to South African businesses and organizations.

Broogaloo subscribes to high security and encryption standards allowing all Customers to shop with peace of mind. We have taken all reasonable security measures to ensure that payment and card details, as well as related confidential information, cannot be accessed by anyone who is not authorized to do so.

When placing your order, and proving the required personal details, including your payment card details you warrant that you are authorized to make payment with the payment card and that there are enough funds available to pay for your order.

Please note that payment via EFT can take up to seventy-two (72) hours to reflect in Broogaloo’s bank account, depending upon the bank that you use and available funds in your bank account. Instant EFT (by SID) payments reflect immediately. If we have not received your payment within seventy-two (72) hours, your Order will not be accepted and will be automatically cancelled. We regret that we do not accept cheques.

Once your payment has been received you will be issued with acknowledgement of payment and the delivery process will then commence.

Delivery and Collection

Upon delivery or collection of your Order a delivery/collection note will be issued for signature, reflecting the Items that are being delivered or collected, delivery fees, Value-Added Tax and the amount paid.

You should always check that the Items being collected or delivered are correct and are free from any defects. Should the packaging be damaged, and you accept the Order without fully inspecting the Items you should add a note on the delivery note stipulating that the packaging was damaged, or items were not inspected. Where there is an issue with the Items detected after acceptance of the Order, you should notify Broogaloo via email on info@broogaloo.co.za without delay in order for us to be aware of any issues with the Items, and in order for arrangements to be made for the items to be returned and refunded.

Although reasonable care shall be taken, Broogaloo cannot accept responsibility for incorrect delivery details that have been provided to us, or if an unauthorized person at your chosen delivery address accepts delivery of your Order, as we do not verify the identity of the person at the delivery address who signs the delivery note.

In the event that you selected the Click n Collect option and you do not collect an Order at your chosen Broogaloo store, reminders will be sent to you to collect your Order. If you do not collect your Order within 10 (ten) Working days, your Order will be cancelled.

For purposes of this clause “we, us, our” shall include any agent or independent contractors who may be responsible for delivery on behalf of us which shall also include a courier service.

Returns

Should you not be satisfied with any Item/s purchased on our website, you may return for refund, credit or exchange unused Items in a saleable condition within 7 calendar days, either directly to one of the stores from the division which you purchased your Items from, subject to producing proof of purchase (invoice or delivery note), or via courier services. Returns may be conditional upon you submitting photographic proof of the quality issue or defectiveness of the Product before we will approve the refund

Cancellations and Refunds

You may cancel your Order prior to Broogaloo sending you the Order shipping notification. Orders may be cancelled by emailing our team on info@broogaloo.co.za. Should you cancel Orders after we have sent out the Order shipping notification a shipping fee will be deducted from your refund.

Where purchases were made using a gift voucher, refunds will be processed by using a further gift voucher to the value of the approved refund.

Where Items were purchased using credit or debit cards and returns are processed using the courier services your credit or debit card will be funded within 30 (thirty) days of receipt of the returned Items on condition that they are in acceptable condition, except where the Product is defective.

Warranty

The Products supplied by Broogaloo shall be suitable only for the purpose designed and intended and you shall ensure the Products are handled, stored, installed, used, worn or otherwise dealt with in a normal and reasonable manner, and where applicable, in a manner consistent with the instructions given when the Products were purchased. Broogaloo shall not be liable for any action or claims for injury or damages of whatever nature arising from or in connection with use of the Products in breach of these T&Cs.

Purchased, Quoted or Invoiced Products Terms

The goods sold and delivered are military grade accessories as described on the face of this invoice, which products may include protective masks, rifle slings, mag and gun carriers/ harnesses, drop pouches, t-shirts, patches and stickers. Product description is subject to change from time to time;

The purchaser has requested a quotation from the seller specifying the products required, such quotation having been accepted by both parties;

Payment in terms of this invoice is due on presentation;

The seller shall either manufacture or procure the goods ordered by the purchaser, at its discretion;

Delivery / dispatch of goods will only be processed on receipt of payment from the purchaser and a projected date of delivery / dispatch shall be communicated to the purchaser;

Manufacture of custom goods will commence on payment in terms of this invoice and the projected date of delivery shall be communicated to the purchaser;

Prices quoted on this invoice is valid for a period of 7 days from date of issue;

Cancellation of orders after payment shall carry a penalty determined by the seller, which shall be determined by calculating actual losses suffered in the procurement or manufacture of goods;

The purchaser may request inspection of goods for deliberation before an order is placed;

The purchaser shall have the right to return goods insofar as allowed by the Consumer Protection Act, 68 of 2008;

The purchaser is advised that certain goods are non-returnable due to the nature and specifications regarding use thereof, especially bearing in mind hygiene specifications;

Should the purchaser wish to return any goods, such decision must be communicated to the seller within 7 days of receipt of the goods, after which time the return will not be accepted by the seller;

The seller warrants that the goods manufactured by it shall on delivery materially comply with the specifications;

The seller cannot provide a guarantee or warrantee on the goods procured and on-sold by it, and in circumstances of a claim the purchaser shall be directed to the manufacturer of the goods for any recourse he or she may have;

The purchaser’s attention is drawn to the fact that certain goods sold by the seller are accessories to guns and ammunition, which are by their nature dangerous objects. The purchaser therefore should exercise a special duty of care in the use of any of the goods purchased from the seller and should use the goods only as specifically directed;

The purchaser agrees to hold harmless the seller for any damages whatsoever, whether direct or general, which the purchaser may suffer as result of the use or malfunction of any of the goods manufactured or procured and sold by the seller;

The nature of certain goods implies a special duty of care by the purchaser in the use thereof, which care the purchaser is obliged to take and ensure his or her safety. Any loss, injury or death suffered resulting from the use of the goods shall be the sole responsibility of the purchaser and the purchaser and his or her dependents specifically holds the seller harmless in circumstances of any loss, injury or death;

Neither party shall have any liability to the other in circumstances that such party cannot perform in terms of these terms & conditions due to acts or omissions beyond its control;

The parties consent to the jurisdiction of the Magistrate’s Courts in the event of a dispute arising;

The seller shall be entitled to claim costs on an attorney and own client scale should it be necessary to enforce its rights in terms of these terms & conditions.

These terms & conditions constitute the full agreement between the parties and any amendment thereto shall be reduced to writing and signed by both parties;