Buy Now Pay Later (BNPL) Terms
INTRODUCTION
This application together with the terms and conditions are applicable to all offers, quotations and all contracts between the Company and a Customer to which the Customer has stated that these conditions are applicable, in so far as the parties have not made any specific written agreements to the contrary.1.
ORDERS AND DELIVERIES
1.1. Orders by the Customer for the Company’s goods or services shall be made either electronically in writing (via WhatsApp) or via the Yebo Fresh App/Yebo Fresh Sales Representatives and verbal confirmation of the goods ordered will subsequently be made by the company including confirmation of the goods total value.
1.2. Any invoice (carbon copy or original) signed by the Customer and held by the Company shall be conclusive proof that full delivery has been made to the Customer as ordered, unless written notice of a claim is received by the Company within 24 hours after receipt of the goods by the Customer.
1.3. Unless the Company and the Customer agree otherwise, delivery of the goods shall take place at the Company’s warehouse or Customer’s store premises (or nominated address) and the risk in and to the goods shall pass to the Customer upon delivery at the Company’s premises subject to the examination set below.
1.4. The Customer shall be allowed (at delivery), an opportunity to examine the goods for the purpose of ascertaining whether the Customer is satisfied with them and whether they correspond in all material aspects and characteristics with what the Customer expected or, if specifically ordered, reasonably conform to the material specifications.
2. OWNERSHIP
2.1. Notwithstanding passing of all risk in and to all goods sold by the Company to the Customer on delivery, ownership in all goods sold and delivered shall remain vested in the Company until the full purchase price has been paid.
2.2. Should the Company take possession of any such goods which have not been paid for, the Customer shall be entitled to a credit in respect of the goods so returned, being the price at which the goods were invoiced or the value thereof as at the time of return.
3. GOODS RETURNED
3.1. Goods returned will only be received back at the sole discretion of the Company provided that upon inspection, they are damaged or were not as per specifications of the order – the items accepted as returns will be deducted from the invoice total and a new order value recalculated and signed for on the invoice by the Customer.
3.2. Under no circumstances will the Company be liable for damage arising from misuse or abuse of the goods.
3.3. All goods are to be returned at the Customer’s expense and the risk in the goods remains with the Customer until the Company receives and accepts the goods at the Company’s premises.
4. PRICING
4.1. All confirmed orders will remain valid for a period of 48 hours from the date of the order confirmation.
4.2. Should the Customer, upon an increase in price or where the ordered goods are no longer available, no longer wish to purchase the goods, then the Customer shall be entitled to cancel the order, prior to delivery of the goods.
4.3. The price of goods will be in accordance with the Company’s official price list ruling for them at the date on which they are delivered to the purchaser.
4.4. The prices of the goods as set out in the official price list do not include transportation costs, delivery costs, or VAT, which will be charged as an extra.
4.5. The Company has the right, without notice to the Customer, to change the prices of its goods from time to time.
4.6. The Company price lists shall be considered merely as a guide to the Customer.
5. PAYMENT
5.1. The Customer agrees that any amount due and payable to the Company shall be determined and proven by a certificate issued by the Company and signed on its behalf by any duly authorized person, which authority need not to be proven. Such certificate shall be binding and shall be prima facie proof of the indebtedness of the Customer and shall be a liquid document for the purposes of obtaining provisional and summary judgement herein or to prove a claim in insolvency of the Customer.
5.2. Payment is to be made to the Company’s appointed representatives at the time of delivery/collection, or via a cashless payment solution, or to the Company’s bank as nominated from time to time free of bank exchange or any other set-off or deduction, 7 days from date of the Company’s invoice date, unless otherwise agreed to by the Company.
5.3. The Company may appropriate all payments made by the Customer to overdue accounts as it will in its sole discretion so decide.
5.4. The Company shall have the right, without notice, to suspend facilities and deliveries or demand cash and to exercise all its other rights if any amount due by the Customer remains unpaid.
5.5. If any amount owed by the Customer is not paid on due date, then without prejudice to any other right it may have, the Company may immediately suspend the carrying out of its then uncompleted deliveries until the payment is made.
5.6. If more than one delivery is to be made then each delivery will be invoiced separately.
6. ACCOUNT FACILITIES
6.1. The Customer understands that the decision to grant a deferred payment date to the Customer or to withdraw the same is and remains at all times in the sole discretion of the Company.
6.2. The Company further reserves the right to, increase or reduce the amounts and payments deferred, by written notice, which reduction will take effect on delivery of the written notice to the Customer. All amounts thereupon not being deferred any longer shall immediately become, subject to clause 6.1 above, due, owing and payable.
6.2.1. In the event of increasing the limit, this will be communicated and agreed with the customer by a Yebo Fresh Representative.
6.3. The spend limit granted to the Customer shall not be deemed to be a limit of the Customer’s indebtedness to the Company. The spend limit extended to the customer may be temporarily increased to exceed the agreed spend limit without limiting the Company’s rights to recover any amounts due from the Customer.
7. TERMINATION
7.1. The Customer may terminate this Agreement at any time by paying the then unpaid balance of debt outstanding.
7.2. In the event that the Customer is in default, the Company may immediately suspend or, at its sole discretion, cancel the agreement and request full settlement of all amounts then outstanding, and settlement to be effected within 7 days of the date of the request.
7.3. The Company may cancel the contract or any uncompleted part of it if the Customer commits a breach of the terms and conditions or the contractor being an individual dies or is provisionally or finally sequestrated or surrenders or makes application to surrender his estate, or be it a partnership, the partnership is terminated; or being a company or close corporation is placed under a provisional or a final order of liquidation or judicial management, or has a judgement recorded against it, which remains unsatisfied for 7 (seven) days; or compromises or attempts to compromise generally with any of the other Customer’s creditors.
7.4. Upon the cancellation of the Agreement for any reason whatsoever all amounts then owed by the Customer to the Company in terms of the Agreement shall immediately become due, owing and payable.
8. ACCOUNTS AND STATEMENTS
8.1. Statements, invoices and the like may be delivered in writing, the current balance of the Customer’s account, any amounts credited or debited during a period specified in the statement, and/or any amounts currently overdue and when each such amount became due.
9. GENERAL
9.1. The Customer hereby indemnifies the Company for any claims of third parties, arising out of the supply of the goods by the Customer to the third party from any cause whatsoever and however arising.
9.2. The Customer and Company nominate the addresses above as their respective chosen address (domicilium citandi etexecutandi) for the service on it of all legal processes and notice.
9.3. These terms and conditions, read together with the Application for Deferment of Payment signed by the parties, constitute the whole of the agreement between the parties relating to the matters dealt with herein. No undertaking, representation, terms and conditions or any variation or addition relating to the subject matter hereof not incorporated herein or reduced to writing and signed by the parties shall be binding.
10. CREDIT POLICY
10.1. The Customer consents that the personal information given in this agreement is to be used by the Company for the purposes of assessing its credit worthiness.
10.2. The Customer confirms that the information given by it in the Application for Deferment of Payment is accurate and complete.
10.3. The Customer further undertakes to update the information supplied, as and when necessary in order to ensure the accuracy of the above information, the Customer expressly agrees that the furnishing of wrong or incomplete information may result in loss to the Company.
Signature Date____________________________ Customer Name ____________________________
ID/Passport Number _______________________________________________________________
Customer Address ____________________________________________________________________
_____________________________ ____________________________
Signature Date