BesTeez (Pty) Ltd200 Rocky Ridge, Okiep, 8240Registration Number: 2016/513271/07
Thank you for using Besteez! Before using or accessing our platform, please read this Terms of Service (the “Terms of Service”) carefully. This document is a legally binding contract between Besteez and you, the User (as defined below), for the use of the applications, software, products, and services provided by Besteez (collectively, the “Service”) and as such, we have tried to make it as clear as possible.

The Besteez Service provides sellers with the ability to create and sell custom products (specifically mugs, t-shirts & hoodies) (collectively “Merchandise” or “products”) and buyers with the ability to find and purchase high-quality, unique products. All visitors to the Besteez Service, Creators, and buyers are referred to herein as “you”.

Definitions
These terms are used throughout this Terms of Service and it’s important that you understand what we are referring to when we use them.

Terms not defined in this section shall have the meaning provided elsewhere in the Terms of Service.
“Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms of Service,”) and all other operating rules, policies, including Besteez Privacy Policy and Besteez Intellectual Property Policy, and procedures that we may publish from time to time on the Website including but not limited to Shipping, Payments, and Returns.
“Content” refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service.
“Customers” refers to individuals or entities that purchase Your Products through a Sales Channel.
“Orders” refer to Your Products once they have been purchased by You or Your customers.
“Produced Orders” refer to Orders that have been completed and shipped.
“Products,” refers to all products offered by us on our Website (Mugs, T-Shirts & Hoodies)
“Providers,” refers to the organizations and companies that Besteez partners with in the scope of its Service to offer Products to You.
“Sales Channels,” refer to the platforms that You use to sell Your Products, including but not limited to Facebook, WhatsApp, YouTube, Instagram, TikTok, Twitter, LinkedIn, Twitter, etc.
“Us” and “We” refers to Besteez (Pty) Ltd, as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
“User”, “You”, “Your” refers to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the account; or that directs the use of the account in the performance of its functions.
“User Products” refers to Products created by Users adding Content using the Service. “Your Mockups” are visual representations of Users’ Products created through the Service.
“User-Generated Content” is Content, written or otherwise that is created or uploaded by our Users.
“Website” refers to Besteez’s website located at www.besteez.co.za, and all content, services and products provided by Besteez through the Website. “Your Content” is Content that you create or own.

General
When You use Our Services and Content, You are agreeing to:
Our Terms of Service
Our Privacy Policy
Our Intellectual Property Policy
Any other terms or policies we reference below.

These Terms of Service constitute the entire agreement between you and Besteez and govern your use of the Besteez Service, superseding any prior agreements between you and Besteez with respect to the Besteez Service. The failure of Besteez to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.
Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, the Agreement constitutes the entire understanding between Besteez and You pertaining to the subject matter hereof, and supersedes any and all prior oral or written understandings or agreements between Besteez and You in relation to the access to and use of the Service.
If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect.
A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Service without the prior written consent of Besteez, but Besteez may assign or transfer these Terms of Service, in whole or in part, without restriction. Notices to you may be made via either email or regular mail. Besteez may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Besteez Service.
 
Use of the Besteez Service
Information You Provide: Certain features of the Besteez Service require registration. If you choose to register, you agree to provide and maintain accurate, current and complete information about yourself. Registration data and personal information about you are governed by our Privacy Policy.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. Please immediately notify Besteez of any unauthorized use of your password or account or any other breach of security. Besteez reserves the right to terminate accounts and/or listings that are inactive for six (6) months or more.
 
Multiple Member Accounts Prohibited: Operating and maintaining multiple member accounts is prohibited. If you have a legitimate business need for a second account, you can apply for an exception to this policy by emailing us.
 
Misuse of Member Account: If you repeatedly upload excessive amounts of data, engage in fraud or other illegal activity, infringe any third party rights, fail to comply with the Terms of Service or any other Besteez policies, Besteez may, in its sole discretion, cancel your listings, suspend your use of Besteez tools and reports, restrict or terminate your account, and/or withhold and disburse any proceeds associated with that account.
 
Promotions: Any contests, sweepstakes, surveys, games or similar promotions (collectively, “Promotions”) made available through the Besteez Service may be governed by specific rules that are in addition to these Terms of Service. By participating in any Promotion, you will become subject to those rules. To the extent that the terms and conditions of the Promotion rules conflict with these Terms of Service, the terms and conditions of the Promotion will control.
 
Age Requirement: If you are under 13 years of age, you are not authorized to use the Service. If you are under 18 years old, you may use the Besteez Service only with the approval of your parent or guardian.
 
Applicable Laws: In connection with your use of the Besteez Service, you will comply with all applicable laws, regulations and industry standards.
 
Communications: You agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Besteez Service. If we learn of a security system breach, we may attempt to notify you electronically by posting a notice on the Besteez Service or by sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (i.e., to withdraw your consent from receiving electronic notice), please notify us at [email protected]
 
General Practices and Instructions Regarding Use: You will comply with any instructions provided to you by Besteez in connection with your use of the Besteez Service. Besteez may establish general practices and limits concerning use of the Besteez Service. Besteez reserves the right to change its instructions, general practices and limits at any time, in its sole discretion, with or without notice.

When Do These Terms Apply?
By using Besteez, you are agreeing to all the terms below.

By using the Service, You acknowledge that You accept and agree to be bound by these Terms of Service. If You do not agree to these Terms of Service, You may not access the Service, and if You are already registered, cancel Your account.

Relationship
Each party is an independent contractor in the performance of each and every part of these Terms of Service. Each party will be solely responsible for all of its employees and agents and its labour costs and expenses and for any and all claims, liabilities or damages or debts of any type whatsoever that may arise on account of its activities, or those of its employees or agents, in the performance of its activities under these Terms of Service. You do not have the authority to commit Besteez in any way and will not attempt to do so or imply that you have the right to do so.

Can These Terms Be Modified?
We can change these Terms of Service, and if the changes are big, we’ll let you know.

Besteez reserves the right to revise the Terms of Service from time to time and the most current version will always be posted on our Website. If a revision, in our sole discretion, is material we will notify You. The “Last Updated” date at the top of the Terms of Service reflects the date of the last modification. Your use of the Service following the effective date of any modifications to the Terms of Service will constitute your acceptance of such modification. If You do not agree to the new Terms of Service, You should stop using the Service and cancel Your account.

What Is the Scope of Besteez’s Services?
Besteez is an online platform that allows you to create and sell products with your content by working with Besteez, a Print on Demand Provider within South Africa. You focus on creating and selling, we handle the rest.

Besteez is an online marketplace for print on demand dropshipping. We offer You Products that You can customize with Your Content and sell to Customers. We also maintain our website so that Your Products can be easily published to your Store. When Your Products are purchased by Customers through Your Store, We are notified and We start working to print and deliver Your Products to the Customers.

Using Besteez does not make you an employee of Besteez.
If You choose to use the Service to sell Your Products, Your relationship to Besteez is limited to being that of a consumer and not an employee, agent, joint venturer, or partner of Besteez for any reason. You act exclusively on your own behalf and for your own benefit, and not on behalf or for the benefit, of Besteez.

Besteez will often link to and suggest other helpful services and sites that will help you successfully run your online shop. These are not our services and are not endorsements by us. Exercise your own judgement.

Besteez may give You access to link to various external resources or third-party sites. Besteez does not endorse any of these Third Party Sites and does not control them in any manner. These Third Party Sites may be governed by their own terms of service and policies. Besteez is not liable or responsible for the accuracy of such services or their content, or products, and You need to take appropriate steps to determine whether accessing a Third Party Site is appropriate, and to protect Your personal information and privacy on such Third Party Site.

We don’t guarantee that our website will be online 100% of the time. Due to the nature of product development and the Internet, our website may have periodic downtimes.

Due to the nature of the Internet, Besteez cannot guarantee uninterrupted access and availability of the Besteez Service. We reserve the right to restrict the availability of our Service or certain features if necessary in view of capacity limits or the integrity of our servers. We also reserve the right to restrict access when performing maintenance measures to ensure the proper working and functioning of the Besteez Service. Besteez can improve or modify its Service and may introduce new offerings from time to time.

Who Can Access Besteez and Use the Service?
You must be at least 18 years old to use our service and if you are signing up on behalf of someone else, you are acknowledging that you have the right to do so. Certain features of our platform may have additional terms other than those here.

You must be at least 18 years old and able to access and use the Service or to create a Besteez account. By accessing and using our Service, you represent and warrant that you are 18 years of age or older and have the legal capacity and authority to enter into a contract.
If you open an account on behalf of a company, organization, or other entity, then “You” includes you and that entity, and You represent and warrant that You are authorized to grant all permissions and licenses provided in this Terms of Service and bind the entity to these Terms of Service, and that you agree to these Terms of Service on the entity’s behalf.
The access to or use of certain areas and features of the Service may be subject to separate policies, standards, or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms of Service and the terms and conditions applicable to a specific area or feature of the Besteez Service, the more specific terms and conditions will apply, unless specified otherwise.
To use our Service, You have to register an account.
You understand and agree that You are responsible for paying any and all applicable taxes that may be due as a result of your use of the Service.

What Are the Rules for Creating and Maintaining an Account?
We have certain requirements that you must abide by when you create an account with Us.

To create a Besteez Account You may be required to provide Besteez with certain personal information, which may include your full legal name, current address, phone number, email address, and payment information. This information will be held and used in accordance with Besteez’s Privacy Policy. You agree that You will supply accurate and complete information to Besteez, and that You will update that information promptly after it changes. You further agree that:
You shall not create an account or access the Service if You are under the age of 18;
You shall not have more than one account at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself or your entity, which has provided you authorization to create the account on behalf of it;
You shall not have an account or use the Service if You have been previously removed by the Company;
We may reject your registration or cancel an existing registration for any reason at our sole discretion.
We will use the email address you provide as the primary method of communication.
Any harassment or insult towards Besteez employees may result in immediate account termination.

You are solely responsible for keeping your account credentials secure and you may not disclose your credentials to any third party. You must immediately notify Besteez if you have any reason to suspect that your credentials have been compromised, lost or stolen or in the case of any actual or suspected unauthorized use of your Besteez Account. You are solely responsible for any and all activities performed through your Besteez account. Besteez will not be liable for any loss that You may incur as a result of someone else using Your username or password, either with or without Your knowledge. To the extent allowable by law, you shall be liable for any expenses and attorney’s fees for your failure to safeguard user and password information and/or promptly notify the Company about unauthorized use of your account or breach of your account information or password.
Besteez expressly disclaims any and all liability arising from revocation, cancellation, or suspension of your account for any reason. Your account and registration will terminate immediately upon your breach of any of the terms herein. You may terminate your account and participation as a registered user at any time from your Account Settings. Before proceeding with deleting your account, make sure that you have disconnected your store from the respective sales channels, unsubscribed from the business plan and removed your registered credit/debit card. Deleting your account is irreversible and you will not be able to access the data afterwards. Nonetheless, you will still be responsible for any and all pending orders and charges.

What Are Your Rights to Content on Besteez?
All content you upload is owned by you. If we are notified or if we believe that the content is not yours, or if the content doesn’t meet our standards, we will remove it at our discretion. By uploading content to Besteez, you allow us to use your content for things like marketing and education of Besteez users.

Besteez grants You a limited, revocable, non-exclusive, non-transferable license to access and use the Service for Your own individual use subject to the other terms of this Terms of Service. All rights, title, and interest in and to the Service not expressly granted herein are reserved by the Company.
Besteez allows You to upload and post Content to our Website. Anything that You put on the Products remains Your Content. You retain all rights in, other than the rights expressly granted to Besteez below and any that you may grant to your Customers, and are solely responsible for Your Content.
You can only post Content that is either Yours, or for which you have written authorization from the Content owner. You represent and warrant that any Content you post is owned by You or that You have authorization from the Content owner to post it.  More detailed information can be found in the Besteez Intellectual Property Policy. By posting Content, You accept those terms as well.  If You believe that someone has improperly used Your copyrights or trademarks, please report it to us as set forth in the Intellectual Property Policy.
By using the Besteez Service, You grant Besteez a non-exclusive, transferable, sublicensable, royalty-free, and worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform and distribute Your Content solely for the purpose of operating, developing, and promoting the Besteez Service.
As a condition of use of the Service, You agree not to use the Service for any purpose that is prohibited by these Terms of Service. You are responsible for all of your activity in connection with the Service and you shall abide by all local, national, and international laws and regulations and any applicable regulatory codes. You agree to the following:
You may not resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the Service.
You may not modify, reverse engineer, decompile or disassemble the Service
You may not copy, adapt, alter, modify, translate, or create derivative works of the Service without written authorization of Besteez.
You may not permit other individuals to use the Service, including but not limited to shared use via a network connection, except under these Terms of Service.
You may not circumvent or disable any technological features or measures in the services that are designed for protection of intellectual property rights.
You may not use the Service in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction.
You may not use or access the Service to compile data in a manner that is used or usable by a competitive product or service.
You shall not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages to anyone.
You shall not use your Account to engage in any illegal conduct.
You shall monitor your Account to restrict use by minors, and You will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors in connection with your Account and You are responsible for any use of your debit/credit card or other payment instrument by minors.
You shall not use the Service to order and resell blank Products without customizing them with your artwork. 
Any such forbidden use shall immediately terminate Your license to the Service.

Besteez may use its discretion to remove Your Content from our Service, at any time, with or without prior notice to you, if it violates any of our Terms of Service or policies or is reported to be infringing on intellectual property rights of others. Besteez is not obligated to monitor or police Your Content. In addition to intellectual property concerns, Content that contains any of the below is prohibited and may also lead to termination of Your account.
Child Exploitation: You may not post or upload Content that exploits or abuses children, including but not limited to images or depictions of child abuse or sexual abuse, or that presents children in a sexual manner.
Harassment, Bullying, Defamation and Threats: You may not post or upload Content that harasses, bullies, defames or threatens a specific individual.
Hateful Content: You may not post or upload Content that condones or promotes violence against people based on race, ethnicity, colour, national origin, religion, age, gender, sexual orientation, disability, medical condition or veteran status.
Illegal Activities: You may not post or upload Content that facilitates or promotes activities that go against the laws of the jurisdictions within our country or do business.
Intellectual Property: You may not post or upload Content that infringes on the copyright or trademarks of others.
Personal and Confidential Information: You may not post or upload any Content that contains personally identifiable information, sensitive personal information, or confidential information, such as credit card numbers, confidential national ID numbers, or account passwords unless you have consent from the person to whom the information belongs or who is otherwise authorized to provide such consent.
Self-Harm: You may not post or upload Content that promotes self-harm.
Terrorist Organizations: You may not post or upload Content that implies or promotes support or funding of, or membership in, a terrorist organization.
When You use the Service, Besteez reserves the right to view, monitor, and record activity without notice or further permission from You, to the fullest extent permitted by applicable law, although we have no obligation to do so. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity involving use of the Service.

Sellers: Creation and Implementation of Product Listings
The Besteez Service allows sellers to create product listings and sell custom physical and digital Merchandise through those listings. Following are specific obligations concerning the initiation of any listing. To the extent any listing violates these Terms of Service, we may choose to terminate, delay or modify the listing at our discretion. For additional information about the Besteez Service, please refer to Besteez’s Frequently Asked Questions.
Your Right to Implement a Listing: By creating a listing through the Besteez Service, you represent and warrant that you own or are the licensee of all trademark rights, copyrights, rights of publicity and other intellectual property or other proprietary rights necessary to create and implement the listing (“Listing Rights”), including any rights relating to the name, description, images, text or URL used for the listing. You will provide Besteez with evidence of your Listing Rights upon request.
 
Besteez does not claim any ownership rights in the content you upload to the Besteez Service. Please be sure you maintain copies of all of your work. Besteez has no responsibility or liability for the deletion or failure to store any content or information uploaded to the Besteez Service. 

For the purpose of implementing and fulfilling your listing and for the purpose of advertising the Besteez Service in any medium Besteez chooses, you hereby grant Besteez a nonexclusive, worldwide, fully paid up, transferable, sublicensable license under your Listing Rights to copy, display, distribute, modify the content you upload to the Besteez Service (including all related images, text, content and information).
 
Besteez, in its sole discretion, may make promotional offers with different features and different pricing to any of Besteez’s sellers. These promotional offers, unless made to you, will not apply to you or these Terms.
 
Acceptable Use: Your use of the Besteez Service, including the creation and implementation of product listings, is subject to these Terms of Service (including our Acceptable Use Policy).
 
Indemnity: To the extent any listing launched by you or launched via your Besteez account violates or is alleged to violate our Acceptable Use Policy or any other part of these Terms of Service, in addition to any other remedies, you agree that Besteez has the right to withhold and redirect any funds collected relating to the listing, which funds will be disbursed based on Besteez’s internal policies (for example, Besteez may give the funds to a charity where a listing falsely states it is raising funds for that charity, or Besteez may apply such funds to any judgment or settlement, and/or the reimbursement of Besteez’s expenses, resulting from a third party’s claim of infringement) and to control the defense or settlement of any claim or suit resulting from any such violation or alleged violation; and you agree to fully cooperate with Besteez in such activities. Without limiting the foregoing, you also agree to indemnify and hold Besteez harmless from any and all liabilities, losses, damages and expenses arising out of your violation or any alleged violation of our Acceptable Use Policy or any other part of these Terms of Service.
 
Quality of Artwork and Promotions: Each listing must meet reasonable production standards (e.g. a listing may not include a low-quality image that will not print well). All of your advertisements or promotional descriptions, including content that is uploaded to the Besteez Service, must be accurate and correct and must not include any content concerning non-Besteez activities, events, products, services or promotions.
 
Proceeds from Listing: If you create a listing for products through the Besteez Service, Besteez will charge you a “base price” for each product that it makes available to you for your listing. Once your listing is launched and products are sold, you will earn the difference between the base price and the sale price, less returns. You may request payout through your dashboard at any time. You are solely and fully responsible for payment of any income taxes applicable to the amounts you earn through the Besteez Service. Prior to receiving your payout, you may be required to provide additional information to Besteez as needed by Besteez to comply with its reporting obligations.
 
Partnership Disputes: If you work with other people on your listing, and there is a dispute between you and your partners, even though Besteez receives notice of the dispute, Besteez is entitled to make payouts and otherwise correspond with the original registrant. Alternatively, Besteez may withhold payouts until the dispute is resolved, in Besteez’s sole discretion.
 
Charities/Fundraising: You represent and warrant that any listing you create that implicitly or explicitly relates to a charity or fundraising effort is authorized by such charity or fundraising effort, and you will ensure that your listing description clearly and accurately states the percentage of proceeds that will be donated and to whom those proceeds will be donated.

How do Payments Work on Besteez?
Besteez will only charge you fees if you subscribe to a Besteez Subscrption Plan. No products are produced or shipped unless payment for those products has first been received via credit/debit, or from an existing Besteez balance. Users have the option to change settings for when and how often they are charged. You cannot withdraw “sales credits” or “subscription bonus”.

Unless Users subscribe to the Besteez Subscription Plan, there are no fees or charges for the platform itself.
To order samples of Your Products or to fulfill any Customer Orders, You must pay for the Order in advance. The price You pay will be the price of the Product plus shipping and taxes. Orders will not be processed until payment has been received by Besteez.
Besteez cannot pull funds that You may have available in any Sales Channel. In order to process payments on Besteez, You need to either have a Credit or Debit card on file. By default, Besteez will charge funds for Orders from any saved Credit or Debit cards.
If you have an issue with your order, contact Besteez before disputing your claim with your debit/credit card company. If you have filed a dispute with your debit/credit card company, we will not be able to issue you a refund as well, and we cannot make any refunds or replacements until the dispute is resolved or cancelled. If there are Order issues and after an investigation Besteez offers you a refund, this will be provided in the form of a Besteez credit.
Once a user withdraws funds from Besteez it will be paid to the bank account supplied by the user. Besteez will not be held liable for funds paid to the wrong account. Users are responsible for the correct bank details provided. Subscription fees paid by subscribers of the Besteez Subscription Plan will not be able to be withdrawn.
Users are responsible for paying any necessary sales tax on their transactions. Besteez recommends that You consult with an outside tax accountant.
South African Revenue Service (SARS) regulations require Besteez to collect Value Added Tax (“VAT”) on all orders produced and shipped within the South Africa.

How Does Besteez Handle Order Related Issues?
If you have an issue with your order, contact Besteez directly within 30 days of product delivery and provide a detailed description of your issue, accompanied by relevant photo or video evidence that support your case. After investigation, we will determine if you are eligible to receive a replacement at no cost to you. Some issues do not qualify for replacement, they are outlined below.

Besteez does not hold any inventory and only does the printing on products supplied by various suppliers. Other than issues caused by technical error, we are not responsible for the quality of products from the suppliers. Users are expected to order and pay their product to test the quality and see if it is what they want to sell, as well as submitting Content that satisfies the provided print quality requirements. However, if your order has issues, steps for resolution are outlined below.
Besteez’s Merchant Support team handles all conflict resolution. Users agree to contact Besteez Merchant Support for all conflict resolution. If the Produced Order does not meet User or Customer expectations, Users must first contact Besteez Merchant Support within 30 days of product delivery. In order to best resolve the matter, the User should provide all relevant materials for Besteez to investigate the issue, including a description of the Produced Order, the issue, and quantity of Products affected.
Products are unique and produced to order, therefore, they are non-refundable. Once an Order has been sent to production the User can no longer edit the details of the Order or cancel it. If the shipment details are incorrect, or the Customer ordered the wrong size or color, Besteez is not responsible and will not offer replacements or refunds. The User is responsible for relaying the correct information from the User’s Customers. Users may adjust the settings for when an Order is sent to production.
Orders for products with recently updated artwork go through a Besteez Quality Control process that checks for low-resolution imagery or any other design related issues. If an issue is discovered, Besteez will send merchants an email explaining the issue and any possible product quality repercussions. If You choose to proceed with the order, or if Besteez does not receive a response within 7 days of the email notification, the order will be printed and You will not be eligible for any replacements or refunds for this order. Orders that don’t meet other criteria of Besteez’s Terms of Service or Intellectual Property Policy will be cancelled, and charges refunded.
The Production times listed on the Website are estimated average times and are in no way guaranteed. If Your Order seems to be taking an unusually long time to be produced or delivered, please contact Besteez’s Merchant Support team. If the Produced Order is lost during Shipment, Besteez will investigate and may provide replacements when appropriate.
After investigating Your issue, if Besteez’s Merchant Support team determines that your Product is faulty, Your Orders will be submitted for either reprint or replacement. Refunds are only provided if a subsequent reprint or replacement is also found to be faulty by our Merchant Support team. Refunds will be issued in the form of credits.
Besteez does not give refunds for orders that have been shipped without tracking until they are verified to be lost.
If an order is returned to Besteez due to an incorrect address, the User will be contacted by Besteez Merchant Support to arrange a reshipment. The User will be liable for the reshipment costs once an updated address is provided and confirmed. Otherwise, packages will be donated after one week if Besteez Merchant Support is not provided with a valid address for the reshipment. Reshipment costs include the original shipping cost of the product and a service fee of R100. The service fee covers any Charge On Delivery (C.O.D) fees that we get charged by the fulfillment operator and handling fees.
If an order has not been delivered in 30 calendar days, merchants should contact Besteez Merchant Support within 1 week in order to be eligible for a reprint/refund.

Can You Use Besteez’s Image and Name?
We take intellectual property rights seriously and we kindly ask you to respect ours.

Besteez, Besteez.co.za and other Besteez graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, or trade dress of Besteez that may not be used in connection with any Product or service without the prior written consent of Besteez. The images and icons available in our brand and press kit may be used by partners and third party sites as long as the appropriate links to the Besteez Website are included. Besteez reserves the right to request removal of Your use of the images and icons at any time.

Limitation of Liability
We are not responsible for any losses you incur as a result of using our service. We are not responsible if you break the law or breach this agreement and are sued as a result. Please read this section carefully; it limits our obligation and responsibilities to you.

Limitation of Liability. IN NO EVENT SHALL BESTEEZ, ITS DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISES, OR PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, OR FOR DAMAGES IN THE AGGREGATE EXCEEDING THE AMOUNT OF THE FEES PAID AND PAYABLE BY YOU TO BESTEEZ, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SERVICE.
You agree to indemnify and hold Besteez and, its parent, subsidiaries, affiliates, partners, and Providers, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service, or your violation of any law or the rights of a third party.
Warranty Disclaimer. Besteez controls and operates the Service from its head office, 200 Rocky Ridge, Okiep, 8240, and makes no representation that the Service is appropriate or available for use in all locations. Services may not be available in Your location or may vary across locations. THE SERVICE AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND IS PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW. BESTEEZ, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.

What if I Have Legal Issues with Besteez?
If you have legal issues with Besteez, you agree to talk to us first, and if we can’t resolve the situation together, we will follow professional procedures for arbitration. If the issue isn’t arbitrable, all legal issues will be handled by our lawyers.

If a dispute arises from or relates to these Terms of Service, You agree to first contact Besteez Merchant Support to attempt to resolve the issue. If the dispute cannot be settled through direct discussions, the parties agree to resort to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to the Terms of Service shall be settled by arbitration.
To the extent any claim, dispute or controversy regarding Besteez or our Service isn’t arbitrable under applicable laws or otherwise, You and Besteez both agree that any claim or dispute regarding Besteez will be resolved exclusively in accordance with Clause N.3 of these Terms of Service.
These Terms of Service shall be governed by the laws of South Africa, without respect to its conflict of laws principles. You agree to submit to the District or Regional Court, for any actions not subject to Arbitration.

Intellectual Property Complaints
Infringement Claims Between Besteez Users, Waiver of Claims: As a condition of using the Besteez Service, you agree to submit any and all infringement claims against Besteez users (so called “Copycat Claims”) pursuant to Besteez’s existing policies and procedures governing such claims. You further agree, as a condition of using the Besteez Service, to waive any and all claims against Besteez arising from alleged infringement by you or another Besteez user. In addition, you understand that Besteez may release your contact information to any Besteez User that satisfactorily alleges a violation of its rights under this section.
Infringement Claims by Third Parties: Besteez takes any allegations of infringement seriously. If Besteez receives any complaint or allegation that your listing or any resulting Merchandise constitutes an unauthorized use of a third party’s rights, you understand that Besteez may terminate or delay your listing, in its sole discretion. In addition, you understand that Besteez may release your contact information to any third party that satisfactorily alleges a violation of its rights.
Besteez will consider complaints of possible infringement only from parties that own, or have the exclusive right to exploit, the applicable intellectual property. If you believe that a Besteez user has infringed upon your rights, please notify Besteez via email at [email protected]
You must include with your notification the following information.
A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property that you allege is being infringed;
The URL to the Besteez listing(s) used in connection with the sale of the allegedly infringing Merchandise.
Identification of the copyright, trademark or other rights that allegedly have been infringed, including proof of ownership (such as copies of subsisting trademark or copyright registrations);
Your full name, address, telephone number(s) and email address(es);
A statement that you have a good-faith belief that use of the material in the URL submitted is unauthorized by the rights owner, or its licensee, and such use amounts to infringement under state law; and
A statement, under oath, that the information in the notification is complete and accurate and that you are authorized to act on behalf of the owner of the copyright or other right that is allegedly infringed.
Repeat Infringer Policy: Besteez has adopted a policy of terminating, in appropriate circumstances and at Besteez’s sole discretion, users who are deemed to be repeat infringers. Besteez may also at its sole discretion limit access to the Besteez Service or terminate the memberships of any users who infringe or violate any intellectual property or other rights of others, whether or not there is any repeat infringement or violation.

Purchasing of Merchandise or Creator Tools
Ordering and Availability: Merchandise may be ordered by clicking on the items you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order to us. Your order constitutes an offer to us to buy the Merchandise ordered. All orders are subject to acceptance by us. We are not obliged to accept your order and may, at our discretion, decline to accept any order. In the event we do not accept an order we will inform in writing of our decision. You do, however, acknowledge that by placing the order, you enter into an obligation to pay for the Merchandise.
 
Order Confirmation: Where we accept your order, we will confirm such acceptance by sending you a dispatch confirmation email (Order Confirmation). The contract in relation to the Merchandise ordered (Contract) will only be formed when the Order Confirmation is sent. After entering into the Contract, we will be under a legal duty to supply you with goods that are in conformity with the Contract.
 
Loss and Cancellation: Title and risk of loss for all Merchandise ordered by you will pass to you on our delivery to the shipping carrier. We reserve the right to cancel any order for any Merchandise for any reason.
 
Returns: You acknowledge and agree that goods produced by us for you are bespoke, custom-made goods, they are produced specifically for you once you place an order. We do not hold stock and would not, but for your order, have produced the goods. You further agree that you do not have a right to change your mind with respect to products purchased by you. Other than where goods, are faulty, you have no right to cancel any order or return any goods and all orders are final. Nothing in this section affects your legal rights. 
Waiver: Your purchase of an item using the Besteez Service constitutes a waiver of any and all intellectual property, proprietary, personal, and privacy claims relating to that purchase.

Besteez Subscription Plan
Besteez has a monthly subscription plan. This plan auto-renew and do not cancel if you uninstall the Besteez app or disconnect your store. You have to cancel, before the renewal date.

Recurring Subscription
By subscribing to the Besteez Subscription Plan the subscription will continue month-to-month or until cancellation or termination. You must cancel your subscription before it renews each month in order to avoid billing for the next subscription period. 
Before you subscribe to the plan, you will be able to preview prices. After subscribing, the subscription plan prices will be the only prices displayed to you throughout the catalogue.

Billing
By starting your subscription, you authorize us to charge you a full subscription fee. You acknowledge that the amount charged may vary from time to time  for reasons that may include promotional offers, or changes in subscription plan.  You authorize us to charge your payment card for these amounts.
Besteez  reserves the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in sole and absolute discretion. Any price changes to your service will take effect following a notice by email to you.
You will be charged for the subscription fee immediately and the charges will auto-renew every month for monthly subscriptions unless you cancel the subscription.
We automatically charge your payment card every month on the calendar day corresponding to the commencement of your subscription. We reserve the right to change the timing of the charge if your payment card has been declined. In the event your subscription is started on a day not contained in a given month, we will charge your payment card on a day we deem appropriate. For example, if your subscription started on August 31, we will likely charge the next fee on September 30.
Cancellation
SUBSCRIPTION FEE CHARGES ARE NON-REFUNDABLE AND THERE ARE NO REFUNDS OR CREDIT FOR PARTIALLY USED SUBSCRIPTION PERIODS.
To cancel your subscription, send an email to [email protected]. After cancelation, the subscription will be active until its expiration date but will not be auto-renewed.
Please note that you must unsubscribe before the next billing cycle to avoid charges for the following month. Besteez Subscription fee charges cannot be refunded.
We can only charge your payment cards for the subscription plan.
Besteez subscription does not automatically get cancelled when you disconnect your Besteez store or uninstall the Besteez app. It must be manually cancelled via email to stop all subscription charges.

Additional Terms
Our liability: Nothing in these Terms of Service shall limit or exclude our liability to you:
for death or personal injury caused by our negligence;
for fraudulent misrepresentation; or
for any other liability that, under consumer protection or other law, may not be limited or excluded.
Subject to this, if you are a consumer and not a business customer, in no event shall we be liable to you for any business losses, and if you are a business customer, in no event shall we be liable to you for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses, and any liability we do have for losses you suffer arising out of or in relation these Terms of Service or the Besteez Service shall not, exceed the amount you have paid Besteez or Besteez has paid you in the last six (6) months.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms of Service that is caused by events outside our reasonable control.
Buyers: Purchasing of Merchandise: Prices include VAT but exclude delivery costs, which will be automatically added (at the cost shown) to the total amount due as set out when you view the items in your shopping basket, once you have selected your chosen different delivery method.
 
Faulty Merchandise: If you are a consumer, once we accept your order for Merchandise we are under a legal duty to supply products (including digital products) that are in conformity with these Terms of Service. If any Merchandize you order is damaged or faulty when delivered to you or has developed a fault, you may have one or more legal remedies available to you, depending on when you make us aware of the problem, in accordance with your legal rights. If you believe any Merchandize was delivered damaged or faulty or has developed a fault, you should inform us as soon as possible, preferably in writing, giving your name, address and order reference.
Nothing in this section affects your legal rights.

Product information: While we have taken reasonable steps to depict products as accurately as possible on the Site, the photographs and other images of products featured on the Site are created for illustration purposes only, the detailing (such as colour, pattern and texture, etc.) you see on-screen will depend on your monitor and, as such, may not exactly reflect the actual detailing of a product when you receive it.

Questions? Concerns? Suggestions?

Please contact us with any questions regarding these Terms of Service or the Besteez Service via email [email protected]

Last Revised: 11 January 2023