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  1. General

All Products supplied by BIBO Water (Proprietary) Limited, registration number 2010/001715/07 (“BIBO”) shall be made and supplied on the following terms and conditions. Similarly the use of BIBO’s Website will be governed by these terms and conditions. These terms and conditions shall take precedence over any other terms and conditions, which may be contained in the Client’s acceptance of order, or other client documentation, and may only be altered with the express written agreement of BIBO. Any conflicting statements in any acceptance of order or other documentation issued by the Client shall be null and void, unless such special terms have been expressly agreed to in writing by BIBO.

  1. Interpretation

In this agreement unless the context indicates a contrary intention –

  1. Introduction
    • This Agreement governs all and any access to the Website, and any Products and Services provided by BIBO. The operation of these terms and conditions may only be amended by BIBO in a subsequent agreement entered into and signed by both Parties.
    • By accepting and/or receiving the Products and/or using the Website, the Client agrees to be bound by this Agreement.
  1. Appointment And Duration
    • This Agreement commences once there has been access to the Website or engagement between BIBO and the Client and governs the Products, Services, use of the Website and matters ancillary to the Products, Services and Website usage.
    • Clauses 8,9,10 and 11 as well as such other clauses which are intended to survive termination as set out below, shall survive termination of this Agreement for any reason.
  2. The Products
    • BIBO offers water purification and related products and services.
    • Products can be bought directly from BIBO’s Website, or ordered from Associates and selected ecommerce websites.
    • Every care has been taken to ensure that the descriptions and specifications are correct at the time of going to press. However, while the colour reproduction is a close representation, a very slight variation in the actual goods may occur.
    • The Parties record and agree that BIBO shall, at anytime during the term of this Agreement, be entitled to appoint and/or terminate the services of such Associates or ecommerce websites provided that such appointment and/or termination shall not be materially detrimental to BIBO’s performance of its obligations in terms of this Agreement.
  3. Payment
    • Payment via the Website will be via PayGate.
    • Payment may be made via Visa and MasterCard credit or debit cards or by bank transfers into the BIBO bank account or by SnapScan. The SnapScan terms and conditions can be found at https://www.snapscan.co.za/downloads/SnapScan_App_CustomerTermsConditionsApril2018.pdf.
    • Client details will be stored by BIBO separately from card details which are entered by the Client on PayGate’s secure site. For more detail on PayGate and to view their security certificate and security policy refer to www.paygate.co.za.
    • BIBO does not store credit card information.
    • Credit card transactions will be acquired for BIBO via PayGate (Pty) Ltd who are the approved payment gateway for Standard Bank of South Africa. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website.
    • At your election you can either pay for the order in full at the time the order is placed or over a period of a year or two in the form of fixed monthly payments. For certain Products you may also have the option to rent from BIBO for a period to be agreed in a separate rental agreement to be signed between you and BIBO.
    • Where you have agreed to make regular monthly payments, you will be provided with a debit order authorisation form to complete, which will set out the fixed monthly fee together with fixed administration charges payable on a monthly basis, to be debited from your account as set out in the debit order authorisation form.
    • We have no obligation to approve your application.  Your application is subject to our internal approval criteria. We have the discretion to decline your application at any time. Your application will be considered based on the information that you provide to us. All information must be truthful, accurate, correct and complete. You must be at least eighteen years old and have the required legal capacity to enter into and be bound by the debit order authorisation form. We may require proof of your age and identification.
    • The following fees and charges may be charged:
      • Service Fee – a monthly fee will be charged and shall be included in your fixed monthly repayment amount for the routine administration costs of your account as specified in the debit order authorisation;
      • Default Administration Charges and collection costs – to cover all default administration and collections costs (including correspondence fees, collections commissions and costs and legal costs) if you default on your monthly instalment obligations in terms of the debit order authorisation.
    • We will send your invoices to your email address provided in your application.  The frequency of statements will be at our discretion.
    • If requested we will send you statements which will show all transactions relating to your account for the period under review.
    • Not receiving a statement does not relieve you from your obligation to pay the fixed monthly repayment amount as agreed to in the debit order authorisation.
    • You must pay the agreed monthly repayment amount by the due date as shown on your debit order authorisation form, by way of a monthly debit order to which you agreed at the time that you entered into the Agreement.
    • You can pre-pay any amount owing at any time.
    • By signing the debit order authorisation form, you agree that we will debit your bank account (debit order) for your monthly instalments as well as any other amounts you have outstanding.
    • You agree that we may track your bank account and re-present the payment instruction when you have sufficient funds available in the event that you do not have sufficient funds available at the debit order date.
    • You may not cancel your debit order instruction until the full amount due in terms of the debit order authorisation has been settled.
    • You may not close your bank account until the full amount due in terms of the debit order authorisation has been settled, unless you provide us with details of another bank account from where we can raise the debit order.
    • You are entitled to settle the full outstanding balance without providing any notice to us. The settlement amount is defined as the unpaid balance of the total amount invoiced to you at the time of purchase.
    • You are entitled to terminate your debit order authorisation form at any time by settling your full outstanding balance owing to us.
    • You undertake that all details which you provide to us for the purpose of ordering goods are correct, that the credit or debit card you are using is your own and that there are sufficient funds to cover the cost of the order.
    • All prices on this site include South African VAT at the prevailing rate unless otherwise stipulated.
    • Discount Codes: If you have a discount code, then it must be entered into the voucher code box in ‘your cart’, and must be done so at time of ordering. You must be logged in to your account in order to use a discount code. We will not be able to apply a discount code to an order after it has been processed, and no refunds will be given. If you wish to apply a discount code to an item that you have on back order then the order will need to be placed again, (and postage paid again) as we are unable to apply a discount to an order that we have already received and charged for.
  4. Delivery and Exchange
    • Subject to availability and receipt of payment, BIBO will aim to contact all customers within 24 business hours of ordering to arrange delivery and in certain cases installation as well. During busy periods this may take slightly longer.
    • Certain Products may require installation, which cost will be over and above the purchase price, as indicated on the Website. These installation charges are subject to increase, and any installation costs will be confirmed at the time of booking the installation.
    • The Products that require installation are subject to change, and should a Product purchase require installation, you will be notified accordingly.
    • We will contact you to arrange your delivery and in certain cases your installation as well, anywhere within South Africa.
    • Delivery will be charged for in addition to the purchase price of the Products, unless indicated elsewhere on the Website. Charges for delivery will be dependant on the location of delivery and will be indicated on checkout.
    • If you are not on site when we arrive then we reserve the right to charge you for an unnecessary call out.
    • The provision of Products and Services by BIBO is subject to availability. In cases of unavailability, BIBO will refund the client in full within 30 days.
      You may be entitled to a refund or replacement where goods are faulty or not as described. If the item is damaged or faulty, we will cover the transportation cost within South Africa of sending the item back to us. Please ensure that if you are sending anything back to us that you request a proof of postage, as we will not be liable for items lost in transit on their way back to us without proof of postage. If you wish to return an item which is not damaged or faulty, then you can return the item for a refund or exchange, provided the goods are in their original packaging and condition, but this is done at your own cost and original postage paid will not be refunded. If you have requested a refund, this will be processed within 30 days of receipt of your returned items. If this refund is made directly to your credit card this should appear on your next credit card statement. If you have returned an item, we ask that you allow up to 14 working days for the item to be received back with us and to be processed by our returns department, before you query the return.
  5. Confidentiality
    • Subject to clause 2, both Parties shall at all times treat all information in connection with and/or relating to the other Party, its business and all matters incidental thereto and which was if in writing, marked ‘confidential’ or similarly; and/or if disclosed orally, was confirmed at the time of such disclosure as constituting confidential information and was confirmed in writing within 14 days as constituting confidential information, (“the Confidential Information”), as strictly confidential and shall not, without the prior written consent of the other Party (which consent may, for the avoidance of doubt, be withheld in the unfettered discretion of such other Party) disclose such Confidential Information to any Party, and/or make use of such Confidential Information for any purposes other than in connection with the rendering of the Services.
    • Each Party may disclose Confidential Information to its officers, employees and sub contractors but only to the extent required for the purposes of the rendering of the Services pursuant to the provisions hereof. Each Party shall inform any officer, employee or sub contractor to whom it provides Confidential Information, that such information is confidential and shall instruct them to keep it confidential and not to disclose it to any third party (other than those persons to whom it has already been disclosed in accordance with the terms of this Agreement), on the basis that the disclosing Party is responsible for any disclosure, in breach of this 8.2, by the person to whom it is disclosed.
    • Notwithstanding the stipulations of clause 8.1, Confidential Information shall not include, and the provisions of clause 8.1 shall not apply to a Party in connection with, any information which:
      • is or becomes generally available to the public other than as a result of disclosure by such Party in violation of this clause 8;
      • is or was independently developed by such Party or on its behalf by persons having no access to such information;
      • was in such Party’s possession before such information was disclosed to it in terms of and/or pursuant to this Agreement;
      • is required to be given, made or published by law or under the rules and regulations of any relevant Stock Exchange or any applicable regulatory authority, in which case, the Party liable to so give, make or publish same shall give the other Party reasonable written notice thereof, along with drafts or copies thereof, as soon as is reasonably practicable, and, in the case of any disclosure required in terms of the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000) (as amended) (“the PAI Act”), the Party liable to make such disclosure shall, insofar as it shall be able, apply the principles of Chapter 4 of the PAI Act in order to avoid and/or limit the extent of any such disclosure; and
      • is required to be disclosed by either Party to any provider of finance (“the Bank”) in order for the Bank to take informed decisions regarding that Party, provided that such Party shall use its reasonable endeavours to procure that the Bank shall keep such information confidential.
  1. Protection Of Personal Information
    • BIBO shall:
      • only Process Personal Information in accordance with applicable laws, in terms of this Agreement and in accordance with any instructions, requirements or specific directions of the Information Officer;
      • BIBO shall ensure that all its systems and operations which it uses to provide the Services, including all systems on which personal information is copied, compiled, collated, processed, transmitted, stored, collected, mined, altered or deleted or otherwise used as part of providing the Services, shall at all times be of a minimum standard required by law and be of a standard no less than the standards which are in compliance with the legislation relating to protection, control and use of personal information;
      • not disclose or otherwise make available the Personal Information to any third party (including sub-contractors and Staff) other than authorised Staff who require access to such Personal Information strictly in order for BIBO to carry out its obligations, unless approved by the Client in writing;
      • ensure that all Staff and any other persons that have access to the Personal Information are bound by appropriate and legally binding confidentiality and non-use obligations in relation to the Personal Information;
      • take appropriate, reasonable, technical and organisational measures to ensure that the integrity of the Personal Information in its possession or under its control and that such Personal Information is secure and protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access by having regard to:
      • any applicable requirement in law, stipulated in appropriate industry rules or in codes of conduct or stipulated by a professional body governing BIBO;
      • generally accepted information security practices and procedures which apply to BIBO’s business and to the Client, as may be appropriate to discharge its obligations in terms of this Agreement;
      • take appropriate, reasonable, technical and organisational measures to ensure that the Personal Information in its possession or under its control remains available to the Client as and when it may be required; and
      • identify all reasonably foreseeable internal and external risks on an on-going basis and in accordance with the requirements for same as may be set forth in the Security Standards
    • BIBO shall assist the Client to comply with any requests for access to Personal Information received by the Client from Data Subjects and, at the request of the Client, BIBO shall promptly provide the Client with a copy of any Personal Information held by BIBO in relation to a specified Data Subject. BIBO agrees that notwithstanding the confidentiality provisions of this Agreement, the Client may disclose to a Data Subject that BIBO has been or is involved in Processing such Data Subject’s Personal Information;
    • BIBO shall only Process the Personal Information of Data Subjects provided to it by the Client in compliance with the provisions of this Agreement and in accordance with written instructions provided by the Information Officer to BIBO.
    • BIBO shall not conduct any further Processing activities for any other reason whatsoever (including any related processing functions or processing which would otherwise be a normal extension of the Processing which BIBO is entitled to undertake in accordance with the Client’s instructions) without the express prior written consent of the Information Officer, save that BIBO may carry out reasonable further Processing strictly in order to comply with an obligation which is imposed on it by law.
  2. Liability
    • To the fullest extent permissible by law, BIBO disclaims all warranties of any kind, whether express or implied in respect of the Products and Services ,and the Client utilises the Products and Services at its own risk.
    • The Client agrees that BIBO is unable to, and is not required to guarantee a particular result or set of results.
    • The Client agrees that neither BIBO nor BIBO’s Associates shall be liable in respect of any loss, damage or damages however arising and whatever the cause relating to any of its Products or Services and in pursuant to and in furtherance of this Agreement.
    • In the event that BIBO is found to be liable to the Client for a particular act or omission then BIBO’s liability to the Client pursuant to the provisions of this Agreement shall furthermore be limited to the total amount of the fees charged and paid by the Client for the Product or Service concerned.
  3. Indemnity
    • The Client hereby indemnifies BIBO and BIBO’s Associates from any loss, damage, damages, liability, claim, expenses, costs orders or demand which may arise as a result of the Client’s unlawful conduct, willful misconduct and/or gross negligence.
    • The Client indemnifies and shall keep the BIBO indemnified against any claim for infringement of intellectual property rights in connection with any information supplied by the Client to BIBO and against any and all costs, expenses and damages which BIBO may incur or become liable for as a result of such infringement.
    • BIBO shall give the Client prompt notice in writing of any claim being made or action threatened or brought against BIBO and will permit the Client, at the Client’s own expense, to conduct any litigation that may ensue and all negotiations for a settlement of the claim.
    • The Client accepts and understands that they are required to approve all installations prior to the BIBO staff leaving the site of the installation. The Client indemnifies BIBO for the approval of any installation that it has approved which subsequently may not be correct or not to the Client’s standards.
  4. Force Majeure
    • If either Party is prevented or restricted directly or indirectly from carrying out all or any of its obligations under this Agreement by reason of strike, lock-out, fire, explosion, floods, riot, war, accident, act of God, embargo, legislation, shortage of or a breakdown in transportation facilities, civil commotion, unrest or disturbances, cessation of labour, government interference or control, or any other cause or contingency beyond the control of that Party, the Party so affected shall be relieved of its obligations hereunder during the period that such event and its consequences continue but only to the extent so prevented and shall not be liable for any delay or failure in the performance of any obligations hereunder or loss or damages either general, special or consequential which the other Party may suffer due to or resulting from such delay or failure, provided always that written notice shall forthwith be given of any such inability to perform by the affected Party.
    • Any Party invoking force majeure shall, upon termination of such event giving rise thereto, forthwith give written notice thereof to the other Party. Should such force majeure continue for a period of more than 90 days then the Party who shall not have invoked the force majeure shall be entitled forthwith to cancel this Agreement in respect of any obligations still to be performed hereunder.
  5. Assignment
    • Save as expressly stated to the contrary herein, the Client shall not be entitled to cede, delegate, assign or otherwise transfer all or any of its rights, interests or obligations under and/or in terms of this Agreement except with the prior written consent of BIBO.
    • It is expressly recorded that the limitations set out in 1 shall not be applicable to BIBO.
  6. The Web Site
    • Usage
      • The BIBO Website is the registered property of BIBO.
      • Any persons accessing and/or using the BIBO Website for any reason whatsoever subjects themselves to and agrees to the terms and conditions and privacy policy of BIBO when accessing the Website as set out below.
      • BIBO expressly reserves the right, in its sole and absolute discretion, to alter and/or amend any criteria or information set out in the Website without prior notice.
      • Nothing on the Website shall be construed as an offer by BIBO to you, the user, but merely an invitation to do business.
      • You may send content and other communications to and/or via this Website provided that the content is not illegal, obscene, objectionable, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a communication. BIBO reserves the right to remove or edit such content in its sole discretion.
      • You hereby represent and warrant that you own or otherwise control all of the rights to the content that you post on this Website; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you indemnify BIBO or its affiliates from all and any claims resulting from content you supply to BIBO. BIBO shall not be held responsible or liable for any content posted on the BIBO Websites.
    • Intellectual Property
      • All content on the Website (unless explicitly stated), and any work submitted to clients or potential clients, including but not limited to, text, graphics, logos, button icons, images, clips, digital downloads, data compilations, and software, is the property of BIBO or licensed to BIBO and as such, is protected from infringement by domestic and international laws, legislation and treaties. BIBO expressly reserves all rights pertaining to such content.
      • BIBO and its Affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, an infringement of any intellectual property right, please notify us by e-mail or post at the address below.
      • All content, trademarks and data on this web site and any work submitted to clients or potential clients, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or are licensed to BIBO, and as such are protected from infringement by domestic and international laws, legislation and treaties.
      • “BIBO” and other marks indicated on the BIBO Website are the trademarks or trade dress of BIBO. These and other BIBO graphics, logos, page headers, button icons, scripts, product and service names are trademarks or trade dress of BIBO.
      • BIBO trademarks and trade dress may not be used in connection with any product or service without the written consent of BIBO.
      • BIBO trademarks and trade dress may not be used in any manner that is likely to cause confusion amongst its Clients, or in any manner that disparages, prejudices or discredits BIBO.
      • All other trademarks not owned by BIBO that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BIBO.

Subject to the provisions of sections 43(5) and 43(6) of the ECTA, BIBO shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Website or the Products, Services or content provided from and through this Website. Furthermore, BIBO makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Website are free from errors or omissions or that the service will be 100% uninterrupted and error free.

  1. Breach
    • Subject to any other provision of this Agreement providing for the remedy of any breach of any provision hereof, should either Party (“the Offending Party”) commit a breach of any provision of this Agreement and fail to remedy such breach within fourteen days of receiving written notice from the other Party (“the Aggrieved Party”) requiring the Offending Party to do so, then the Aggrieved Party shall be entitled, without prejudice to its other rights in law to –
      • cancel this Agreement, provided the breach in question is a material breach going to the root of this Agreement; or
      • claim specific performance of all of the Offending Party’s obligations whether or not due for performance,
      • in either event without prejudice to the Aggrieved Party’s right to claim damages.
    • Either Party shall be entitled to summarily terminate this Agreement in the event of the other Party being placed in liquidation or under judicial management, whether provisionally or finally, or in the event of the other Party entering into a compromise with its creditors generally. All amounts due by the other Party in terms of this Agreement shall, in the circumstances contemplated in this clause, immediately become due and payable to the prejudiced Party.
  2. Governing Law

These terms and conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa.

  1. Arbitration

Any disputes arising from or in connection with this agreement shall be finally resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa by an arbitrator or arbitrators appointed by the Foundation.

  1. Severability

If any clause or term of this Agreement shall have been held by a court of competent jurisdiction to be invalid, unenforceable or illegal, then the remaining terms and provisions of this Agreement shall be deemed to be severable therefrom and shall continue in full force and effect unless such invalidity, unenforceability or illegality goes to the root of this Agreement.

  1. Domicilium And Notices
    • The parties choose domicilium citandi et executandi (“domicilium”) for the purposes of the giving of any legal notice or the serving of any process, as follows:
      • BIBO – 5 Thora Crescent, Wynberg, Johannesburg 2037.
      • 1.2 The Client – Place of business or residence.
    • Each of the parties shall be entitled from time to time, by written notice to the other, to vary its domicilium to any other address which is not a post office box or poste restante.
    • Any notice given by either party to the other (“the Addressee”) which:
      • is delivered by hand during the normal business hours of the Addressee at the Addressee’s domicilium for the time being shall be presumed, until the contrary is proved by the Addressee, to have been received by the Addressee at the time of delivery;
      • is posted by prepaid registered post to the Addressee at the Addressee’s domicilium for the time being shall be presumed, until the contrary is proved by the Addressee, to have been received by the Addressee on the fourth (4th) day after the date of posting.
      • Notwithstanding anything to the contrary herein contained a written notice or communication actually received by a Party shall be an adequate written notice or communication to it notwithstanding that it was not sent to or delivered at its chosen domicilium citandi et executandi.
  2. General
    • This Agreement will constitute the sole agreement between the parties and shall supersede all other agreements and/or representations whether written, oral and/or implied between the parties.
    • Neither party shall be bound by any express or implied term, representation, promise or the like not recorded herein. For purposes hereof a “written document” shall exclude any written document that is in the form, either wholly or partly, of a data message as defined in the ECTA, and “signed” shall mean a signature executed by hand with a pen and without any electronic process or intervention.
    • No addition to, variation, or agreed cancellation of this Agreement, including this clause, shall be of any force or effect unless in writing and signed by or on behalf of the parties. For purposes hereof “in writing” shall exclude any written document that is in the form, either wholly or partly, of a data message as defined in the ECTA, and “signed” shall mean a signature executed by hand with a pen and without any electronic process or intervention.
    • No indulgence which either party (“the grantor”) may grant to the other (“the grantee”) shall constitute a waiver of any of the rights of the grantor, who shall not thereby be precluded from exercising any rights against the grantee which may have arisen in the past or which might arise in the future.
    • Nothing in this Agreement shall constitute a partnership, joint venture, agency or employment between the parties hereto, and neither party shall have the authority or power to bind, or contract in the name of, or to create a liability against, the other in any way for any