Terms and Conditions

Detailed Description of Goods and/or Services

Little Brand Box (Pty) Ltd is a business in the e-Commerce industry that offers online retail.

Delivery Policy

Subject to availability and receipt of payment, requests will be processed within 3-5 business days for the economy shipping option and 1-2 business days for the express shipping option and delivery confirmed by way of email with a tracker number from the relevant courier company. Any orders placed after 12:00pm will only be processed the next day.

Export Restriction

Due to certain export restrictions, the offering on this website is available to South African clients and neighbouring countries only.

Return and Refunds Policy

The provision of goods and services by Little Brand Box (Pty) Ltd is subject to availability. In cases of unavailability, Little Brand Box (Pty) Ltd will refund the client in full within 30 days using the same method the original order was paid for. Damaged and returned goods will only be refunded or replaced upon receipt and inspection of the defective items or unwanted items and if within the warranty period.

Customer Privacy Policy

Little Brand Box (Pty) Ltd shall take all reasonable steps to protect the personal information of users. 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). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569.

Payment Options Accepted

Payment may be made via Visa, MasterCard or Electronic Bank Transfer (EFT) into the Little Brand Box (Pty) Ltd account, the details of which will be provided on request.

Card Acquiring and Security

Card transactions will be acquired for Little Brand Box (Pty) Ltd via PayGate who are the approved payment gateway for all South African acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

Customer Details Separate From Card Details

Customer details will be stored by Little Brand Box (Pty) Ltd separately from card details which are entered by the client on DPO PayGate’s secure site.

For more detail on DPO PayGate refer to www.paygate.co.za.

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).

Responsibility

Little Brand Box (Pty) Ltd takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.

Country of Domicile

This website is governed by the laws of South Africa and Little Brand Box (Pty) Ltd chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature,

Variation

Little Brand Box (Pty) Ltd may, in its sole discretion, change this agreement or any part thereof at any time without notice.

Little Brand Box (Pty) Ltd Seller Terms and Conditions

About BIOVEA ®

Little Brand Box (Pty) Ltd Pty Ltd (“Little Brand Box (Pty) Ltd ”) provides an online marketplace located at www.littlebrandbox.com (the “Little Brand Box (Pty) Ltd Marketplace”) through which individuals may sell their products to third parties (the “End Users”). By uploading your products to the Little Brand Box (Pty) Ltd Marketplace you agree to the terms and conditions set forth in this agreement (the “Agreement”). This Agreement is a contract between Little Brand Box (Pty) Ltd and you (“Seller”) and sets forth the general terms and conditions of your use of the Little Brand Box (Pty) Ltd Marketplace to sell your products and services. Please read this Agreement carefully.

Little Brand Box (Pty) Ltd may in its sole discretion change or modify this Agreement at any time. We will notify you in advance of any material changes to this Agreement and post a notice of such change on the Little Brand Box (Pty) Ltd website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date these terms were last revised. Any changes or modifications to this Agreement shall be effective and binding on you as of the date indicated in a notice posted on this page, together with any options you may have to accept or reject changes, where required by law or otherwise made available. If no date is specified, your continued participation in the Little Brand Box (Pty) Ltd Marketplace after such changes shall constitute your acceptance of the Agreement as modified. If you do not agree to abide by this Agreement, you are not authorized to upload your products or services to, or sell through, the Little Brand Box (Pty) Ltd Marketplace and your sole remedy is to cancel the Agreement.

Seller Products

Services

The Little Brand Box (Pty) Ltd Marketplace offers a forum in which Sellers can upload their products for sale to End Users, subject to Little Brand Box (Pty) Ltd ’s right to accept or reject any such Seller Products in Little Brand Box (Pty) Ltd BOX’s sole discretion.

Pricing

Little Brand Box (Pty) Ltd shall determine the price at which the Seller’s Product Little Brand Box (Pty) Ltd Marketplace and reserves the right to modify such price at any time in its sole discretion. If Seller disagrees with the price set by Little Brand Box (Pty) Ltd Seller’s sole remedy is to terminate this Agreement in accordance with Section 3(b).

Support

Seller shall provide basic email-based support for the Seller’s Products to: (i) assist ‘The Buyer’ with basic questions regarding the Seller Products and its use, and (ii) provide The Buyer with access to any patches, bug fixes or new releases of a product correcting any errors or defects for no additional charge.

Term and Termination Term

This Agreement shall be effective as of the date you accept the T’s & C’s and upload the Seller Product/s to the Little Brand Box (Pty) Ltd Marketplace and shall continue until terminated by either party in accordance with the terms contained herein.

Termination by Seller.Seller may terminate the Agreement by giving Little Brand Box (Pty) Ltd at least thirty (30) days’ notice (all monies owed will be paid back with immediate effect, including the shipping of leftover products, by emailing support@wordpress.littlebrandbox.com.

Termination by Little Brand Box (Pty) Ltd

Little Brand Box (Pty) Ltd may terminate this Agreement and/or remove any or all of the Seller Products from the Little Brand Box (Pty) Ltd Marketplace, in whole or in part, without notice in the event that: (i) Seller violates the terms and conditions of this Agreement; (ii) Seller’s conduct may harm Little Brand Box (Pty) Ltd or others, cause BIVOEA or others to incur liability, or disrupt Little Brand Box (Pty) Ltd ’s business operations (as determined by Little Brand Box (Pty) Ltd in its sole discretion); or (iii) Little Brand Box (Pty) Ltd determines that the Seller’s Products are no longer appropriate for the Little Brand Box (Pty) Ltd Marketplace.
Effect of Termination. In the event that Seller terminates the Agreement, the Little Brand Box (Pty) Ltd Parties shall cease reselling the Seller Products as soon as practical at Little Brand Box (Pty) Ltd ’s discretion. However, following any such termination, Seller shall continue to provide the Seller Products to all End Users who purchased such Seller Products prior to the effective date of the termination unless otherwise mutually agreed by the Parties.
Modification of the Little Brand Box (Pty) Ltd Marketplace Little Brand Box (Pty) Ltd reserves the right to modify, change, or discontinue any aspect of the Little Brand Box (Pty) Ltd Marketplace at any time.

Payments

Revenue Share

Little Brand Box (Pty) Ltd shall receive a percentage of the revenue that the Seller collects from the sales of the Seller Products net of any refunds, cancellations, and chargebacks (the “Revenue Share”) as set forth herein. The Revenue Share rate, as set forth on BIVOEA’s How to Sell page and can be found in the Seller’s FAQS. Little Brand Box (Pty) Ltd reserves the right to modify the Revenue Share rates at any time. Little Brand Box (Pty) Ltd further reserves the right to immediately cancel or withhold Seller’s Revenue Share if Seller breaches the terms of this Agreement.

Timing

Little Brand Box (Pty) Ltd shall pay the Revenue Share to Seller on a monthly basis for the revenue collected in connection with the Seller Products purchased by End Users during the preceding month.

Taxes

Seller is required to provide Little Brand Box (Pty) Ltd with accurate VAT and payment information (please provide bank details), which is necessary for Little Brand Box (Pty) Ltd to pay the Revenue Share, including without limitation.

Compliance with Law

Seller shall comply with all applicable laws, including without limitation, all applicable data protection laws, Seller agrees to promptly assist Little Brand Box (Pty) Ltd in complying with any data subject rights request under the law that Little Brand Box (Pty) Ltd may receive from any individuals who purchased Seller Products. Seller also agrees to promptly assist Little Brand Box (Pty) Ltd in complying with any duties to cooperate with supervisory authorities under the applicable law.

Seller Warranties and Representations

By uploading Seller Products to the Little Brand Box (Pty) Ltd Marketplace, Seller represents and warrants to Little Brand Box (Pty) Ltd that (i) Seller has all necessary rights to post or distribute the Seller Products and each component thereof, and (ii) Seller’s posting or distribution of such Seller Products does not infringe or violate the rights of any third party.

Indemnification

Seller shall indemnify, defend and hold harmless the Little Brand Box (Pty) Ltd Parties and their respective officers, employees and agents (collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorneys’ fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) the Seller Products, (ii) any breach or violation by Seller of this Agreement; or (iii) any of Seller’s acts or omissions. The terms of this section shall survive any termination of this Agreement.

Disclaimer

The Little Brand Box (Pty) Ltd marketplace is provided on an “as is” and “as available basis.” The Little Brand Box (Pty) Ltd parties and their affiliates, resellers, employees, agents, suppliers and licensors disclaim all warranties of any kind, including but not limited to implied warranties of merchantability or fitness for a particular purpose, or non-infringement, for the services provided hereunder. Such parties further make no representations or warranties (i) that the use of the Little Brand Box (Pty) Ltd marketplace will be uninterrupted, error free, free of viruses, malware or other harmful code, or completely secure; or (ii) as to the results that may be obtained from the use of the little brand box marketplace. No advice or information given by Little Brand Box (Pty) Ltd or Little Brand Box (Pty) Ltd representatives including, without limitation, support representatives, shall create a warranty. The terms of this section shall survive any termination of this agreement.

Limitation of Liability

The Little Brand Box (Pty) Ltd parties shall not be liable for nonperformance or delay in performance caused by any reason, whether within or outside of its control. In no event will little brand box be liable to seller or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including any that may result from unauthorized access to or misuse of Little Brand Box (Pty) Ltd servers and/or any and all content, personal information, financial information, sensitive information or other information or data stored therein, or including for any lost profits or lost data arising from your use of the little brand box marketplace, including from an interruption of services, even if little brand box is aware or has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, the Little Brand Box (Pty) Ltd parties’ liability to seller or any party claiming through seller for any cause whatsoever, and regardless of the form of the action, is limited to the amount paid, if any, by Little Brand Box (Pty) Ltd to seller in the one (1) month prior to the initial action giving rise to liability. This is an aggregate limit. The existence of more than one claim hereunder will not increase this limit.

Governing Law

Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon or arising from an alleged tort, shall be governed by the substantive laws of the Republic of South Africa.
Miscellaneous
Independent Contractor. Little Brand Box (Pty) Ltd and Seller are independent contractors and nothing contained in this Agreement places Little Brand Box (Pty) Ltd and Seller in the relationship of principal and agent, partners or joint ventures. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.

Headings

The headings herein are for convenience only and are not part of this Agreement.
Entire Agreement. This Agreement supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.

Severability

If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions (unless otherwise specified) thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.

Waiver No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this Agreement shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.

Assignment; Successors. You may not assign or transfer this Agreement or any of its rights or obligations hereunder, without the prior written consent of Little Brand Box (Pty) Ltd. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. Little Brand Box (Pty) Ltd may assign its rights and obligations under this Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without your consent.

This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
Force Majeure.

Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.

Third-Party Beneficiaries. Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns.

Please Note: Orders placed after 12 noon on Thursday 29 December 2022 will only be processed on Tuesday 3 January 2023