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Terms of Service

 

Last updated: October 2025

 

Welcome to Boka Active (“we”, “us”, “our”). These Terms of Service (“Terms”) govern your access to and use of our website www.bokaactive.co.za (the “Site”) and your purchase of any goods (or services) via the Site. By using the Site, placing an order, or otherwise interacting with us online, you agree to be bound by these Terms (along with our Privacy Policy). If you do not agree with these Terms, you must not use or access the Site or place orders.

 

1. Definitions & Interpretation

1.1. “Consumer” means a natural person (or juristic person) who purchases or uses goods or services from us, and includes any person to whom we supply goods or services.
1.2. “Goods” refers to any physical products sold by us.
1.3. “Services” refers to any non-physical service (if applicable) we provide.
1.4. “Order” means your request to purchase goods (or services) from us via the Site.
1.5. “Parties” means you and us.
1.6. Headings are for convenience and do not affect interpretation.

 

2. Application of Terms / Agreement

2.1. These Terms, together with any order confirmation, constitute the entire agreement between you and us regarding your use of the Site and purchase of goods/services, superseding any prior agreements or proposals, whether oral or written.
2.2. We may modify these Terms from time to time (for example, to comply with legal or regulatory changes). We will post the updated version on the Site, with a new “Last updated” date. Your continued use of the Site or placing further orders constitutes your acceptance of those changes.
2.3. If any provision of these Terms is found to be invalid, illegal or unenforceable under applicable law (including the Consumer Protection Act), that provision will be severed or modified to the extent necessary, and the remainder of the Terms will remain in full force and effect.
2.4. These Terms do not seek to limit or waive any rights you have under mandatory provisions of South African law (for instance, under the Consumer Protection Act 68 of 2008).

 

3. Use of the Website & Account

3.1. You may use the Site only for lawful purposes and in a way consistent with these Terms. You agree not to use the Site:
a) in violation of any applicable local, national, or international laws or regulations;
b) to transmit any harmful or malicious software, or to attempt unauthorized access to the Site;
c) to impersonate any person or entity or misrepresent your affiliation with any person or entity.

3.2. To place an order, you may need to provide certain registration information (e.g., name, address, email). You agree that this information is accurate, current, and complete.
3.3. You are responsible for maintaining the confidentiality of your account credentials (if applicable), and for all activity under your account, unless we are at fault.

4. Orders, Acceptance & Cancellations

4.1. When you place an Order, that constitutes an offer to purchase goods (or services) subject to these Terms.
4.2. We reserve the right to accept or decline your Order in whole or in part. An Order is only confirmed when we send you an order confirmation email.
4.3. If we do not accept your Order (for example, due to stock unavailability or pricing error), we will notify you and refund any amount you have paid (if already charged).
4.4. You may cancel your Order before we dispatch goods. Once goods have been dispatched, the cancellation is subject to our Returns/Refunds policy (see Section 7).
4.5. In cases of direct marketing (as defined in the Consumer Protection Act), you may have a cooling-off right of five (5) business days after receipt in certain circumstances. michalsons.com

 

5. Pricing, Payment & Taxes

5.1. All prices on the Site are in South African Rand (ZAR) and include VAT (where applicable), unless otherwise stated.
5.2. We reserve the right to adjust prices (e.g. due to currency fluctuation, supplier cost changes) before accepting your Order.
5.3. Payment must be made via the payment methods offered on the Site (e.g. credit/debit card, EFT, online payment gateways).
5.4. You warrant that your payment method is valid and that you are authorized to use it.
5.5. If a payment is declined or fraudulent, we may cancel your Order and notify you.

 

6. Delivery & Risk

6.1. We will deliver goods to the delivery address you provide (subject to limitations or restrictions we may state).
6.2. Risk in the goods passes to you upon delivery (i.e. when you or your agent receives the goods).
6.3. Title (ownership) in the goods passes to you only once we have received full payment in cleared funds.
6.4. Delivery timeframes given are estimates and not guaranteed. We will use reasonable efforts to meet them, but delays may occur.
6.5. If we fail to deliver within a reasonable time, you may cancel the Order and receive a refund (unless delay is due to uncontrollable causes).

 

7. Returns, Refunds & Replacements

7.1. No general “change of mind” right: Under the Consumer Protection Act, consumers do not have an automatic right to return goods merely due to change of mind. michalsons.com+1
7.2. You may return goods only in the following cases:
a) The goods are faulty, defective, or not of acceptable quality;
b) Goods are materially different from their description;
c) The goods fail to meet a particular purpose you made known to us;
d) In a direct marketing transaction within 5 business days (cooling-off). michalsons.com+1
7.3. Returned goods must be unused, in their original packaging (unless defective), and with proof of purchase.
7.4. We may offer replacement, repair, or refund at our discretion.
7.5. Any refund excludes return shipping costs (unless the return is due to our error or defect).
7.6. We will process refunds within a reasonable timeframe, not exceeding legal limits.

 

8. Intellectual Property

8.1. All content displayed on the Site (text, graphics, logos, images, software, etc.) is owned by or licensed to us and is protected by copyright, trademark, and other laws.
8.2. You may view, download, and print pages for personal, non-commercial use only, provided you retain all copyright and other proprietary notices.
8.3. You may not reproduce, modify, distribute, transmit, display, perform, or otherwise use the content for commercial or public use without our express written permission.
8.4. If you post content (e.g. comments, reviews), you grant us a non-exclusive, royalty-free, transferable license to use, host, store, reproduce, modify, adapt, publish, and display such content in all media.

 

9. Privacy & Data Protection (POPIA / Privacy Policy)

9.1. We collect, process, and store personal information in accordance with our Privacy Policy, which forms part of these Terms.
9.2. By using the Site or placing an Order, you consent to us handling your personal data in accordance with POPIA (Protection of Personal Information Act). Wikipedia+1
9.3. We will take reasonable technical and organizational measures to safeguard your personal data against unauthorized access, loss, or destruction.
9.4. You have rights under POPIA (e.g. to access your data, correct it, object to processing) which are set out in the Privacy Policy.

 

10. Limitation of Liability & Indemnity

10.1. To the fullest extent permitted by law, we exclude all liability for indirect, incidental, consequential, or punitive damages, including but not limited to lost profits, loss of data, or business interruption.
10.2. Our total liability (whether in contract, tort, or otherwise) arising out of any Order or these Terms shall not exceed the amount paid by you for the relevant Order.
10.3. Nothing in these Terms excludes or limits liability that cannot legally be excluded (e.g. for death or personal injury caused by our gross negligence, or liability under the Consumer Protection Act or other mandatory law).
10.4. You indemnify us against any claim, damage or loss arising from your breach of these Terms or misuse of the Site.

 

11. Dispute Resolution & Governing Law

11.1. These Terms and the transactions entered into under them are governed by the laws of the Republic of South Africa.
11.2. You agree that any dispute arising in connection with these Terms or the Site shall fall within the exclusive jurisdiction of the courts of South Africa (or any other court we may choose, if applicable).
11.3. Before pursuing legal recourse, the parties shall attempt to resolve disputes amicably (e.g. via mediation or correspondence) in good faith.

 

12. General Provisions

12.1. Severability: If any provision is held invalid or unenforceable, that part shall be severed and the remainder shall continue in full force.
12.2. No waiver: Our failure or delay to enforce a right under these Terms does not imply waiver of that right.
12.3. Assignment: We may assign or transfer our rights and obligations under these Terms without your prior consent (e.g. on business sale). You may not assign your rights or obligations without our consent.
12.4. Notices: We may send notices to you via email or by posting on the Site. You accept that notices given electronically satisfy any legal requirement for written notice.
12.5. Third-Party Links: The Site may contain links to third-party websites. We are not responsible for their content or practices.
12.6. Interpretation: In these Terms, unless the context requires otherwise, the singular includes the plural, and reference to a statute includes its amendments, consolidations, and re-enactments.