Terms and Conditions
1 OVERVIEW AND RECORDALS
1.1. This website is operated by Bosphurus (Pty) Ltd with registration number 2019/293767/07, incorporated and based in South Africa and trading as Bosrus. Throughout the website, the terms “we”, “us” and “our” refer to Bosrus. We offer this website, including all information, tools, and services available from this website to you, the user, conditional upon your acceptance of all terms, conditions, policies, and notices stated herein.
1.2. By visiting our website and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms of Service”, “Terms”), including the additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the website, including, without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content.
1.3. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
1.4 “Service” in relation to the sale of a firearm means the service provided by Bosrus as the agent of the Participating Store to facilitate the sale of a firearm to the customer by the Participating Store, to which transaction Bosrus is not a party.
1.5 “Participating Store” means a store within the Bosrus network of stores chosen by the customer to conclude an agreement of sale for the firearm selected for purchase by the customer from the firearms listed on this website.
1.6 It is specifically recorded in relation to the sale of a firearm that Bosrus is a wholesaler providing an agency service to the Participating Store and is not a party to the sale agreement between the customer and the Participating Store.
1.7 It is specifically recorded that upon delivery of the selected firearm by Bosrus to the Participating Store the agency of Bosrus terminates absolutely and the sale of the firearm is concluded between the customer and the Participating Store exclusively.
1.8 It is further recorded that upon conclusion of the sale of the firearm between the customer and the Participating Store the Participating Store will have its own grace period and storage arrangements which it will apply pending the grant of a firearm licence for the chosen firearm which is entirely beyond the remit and to the exclusion of Bosrus.
1.9 It is recorded thar Bosrus provides a retail service in relation to the sale of accessories, clothing, and merchandise, to which standard retail practices and the Terms and Conditions herein set out, apply.
1.10. Any new features or tools which are added to the current store from time to time shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
1.11. Our online store is hosted by Dawpro Solutions (Pty) Ltd, who provide us with the online e-commerce platform that allows us to sell products and services to you.
2 ONLINE STORE TERMS
2.1 By agreeing to these Terms of Service, you represent and guarantee that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your lawful consent to allow any of your minor dependents to access and/or use this website.
2.2 You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
2.3 You shall not transmit any worms or viruses or any code of a destructive nature when accessing this website or ant third party links referred to herein.
2.4 A breach or violation of any of the Terms will result in an immediate termination of your Services.
3 GENERAL CONDITIONS
3.1 We reserve the right to refuse Service to anyone for any reason whatsoever.
3.2 You understand that your content (excluding credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
3.3 You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission from us.
3.4 The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
4 ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
4.1 Please note that we may upgrade the platform from time to time and this may cause access delays or syncing errors. We will always do our utmost to make sure the quantities and pricing on our website is up to date. We do, however, reserve the right to reprice in cases where we have made an error.
4.2 We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of products and Services. However, should there be any errors of whatsoever nature we shall not be liable for any loss, claim or expense relating to a transaction based on any such error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid. You are encouraged to contact us to report any possible errors by way of email to email@example.com or by phoning our office.
4.3 Occasionally there may be information on our website, marketing communication or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, images, pricing, promotions, offers, product shipping charges, transit times and availability.
4.4 We reserve the right to correct any such errors, inaccuracies, or omissions, and to change or update information.
4.5 We reserve the right to cancel orders according to the cancellation terms herein provided, if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted and paid for your order). This includes where product pricing, descriptions, images, or quantities may be incorrect or outdated. In the case where you have already submitted payment, then you will be refunded accordingly.
4.6 We are not responsible if information made available on this website is not accurate, complete or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this website is at your own risk.
4.7 We undertake no obligation to update, amend or clarify information in the Service or on any related website, marketing communication, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
4.8 This website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.
4.9 We have endeavoured to display products and/or items on the website as accurately as possible with regards to the images that represent visual depictions of the products and/or items as well as features and descriptions relating to the products and/or items. However, the products and/or items delivered may vary in appearance. The product/item description and model/serial number of the product/item will always take precedence over any related images as displayed on the website when a dispute relating to a product/item arises. Product/item colours will depend on your computer monitor and Bosrus cannot guarantee that the colour displayed on your monitor will accurately display the colour of the products/items.
5 MODIFICATIONS TO THE SERVICE AND PRICES
5.1 Product prices are subject to change without notice.
5.2 We reserve the right, at any time, to modify or discontinue the Service (or any part or content thereof) without notice.
5.3 We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
6 LIMITED AVAILABILITY
6.1 Certain products may be available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only according to our Return Policy.
6.2 Please note that the stock of all items listed is limited. We will make all reasonable attempts to ensure that product listings are removed when the stock runs out. If it happens that we are unable to fulfil any order at the advertised price because stock is sold out, we will inform you via email and you will be entitled to a reimbursement for the Rand value you have paid for such product.
6.3 We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion.
6.4 We reserve the right to discontinue any product at any time. Any listing for any product or service made on this website is void where it is prohibited by law.
6.5 Products cannot be reserved to be bought at a later stage, and placing an item in your cart without completing the order does not constitute a “sale”. This means that we may remove any product(s) from your cart before the sale takes place, should the product be out of stock. We will not be held responsible if the product(s) you have added to your cart have become unavailable whilst you are in the process of seeking a sale.
7.1 The price of each product is reflected on the website. If there is a difference between the price of the product as advertised on the website and the price advertised elsewhere, the price listed on this website will apply.
7.2 The price reflected on the website is the regular retail price that Bosrus undertakes for the product to be purchased and transferred to you via your chosen shipping method. Accessories, clothing, and merchandise (Unlicensed Goods) will be sent via tracked courier.
7.3 Firearms are strictly sold on the basis that the chosen article will be transferred to a Participating Store (our principal) on its behalf for sale. You undertake to license any firearm purchased with your chosen store.
7.4 When Bosrus is having a sale or is running a promotion on specific products on the website, the discounted price as well as the regular retail price will be shown on the website.
7.5 Every reasonable effort will be made to ensure that the regular retail price and, where applicable, the discounted price, of all the products on the website are correct at the time of your purchase. If the product is offered at an erroneous price, Bosrus will not be obliged to supply the said product at the incorrect price.
7.6 In so far as Bosrus has payment options which can be applied to firearms, accessories, clothing, and merchandise– please note that such options involve the use of external financial services. Bosrus disclaims any responsibility whatsoever for the quality and/or security protocols of the service providers concerned.
7.7 By placing an order for accessories and/or clothing you acknowledge and agree that we may provide your billing information to the third-party delivery service provider which processes the payment.
7.8 Bosrus is a wholesaler who provides a service whereby you can acquire firearms via our platform. Users are advised to check with their chosen Participating Store on matters relating to licensing, storage, motivations and other services prior to making purchase from the store.
8.1 Payment Options
Payment may be made via Visa, MasterCard or by bank transfer (EFT) into our bank account, the details of which will be provided on request. Should you pay for the Products via EFT, the order will only be processed once Bosrus has received confirmation of successful payment.
8.2 Credit Card Transactions
Credit card transactions will be acquired via PayGate which is the approved payment gateway for all South African Acquiring Banks.
PayGate uses its own secure system. Users may go to https://www.paygate.co.za/ to view its security certificate and security policy.
8.3 Merchant Outlet Country and Transaction Currency
The merchant outlet country at the time of presenting a payment option to the cardholder is South Africa. The transaction currency is South African Rand (ZAR).
8.4 All transactions/purchases are subject to the confirmation of price and product by Bosrus.
9 ACCURACIES OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store or via our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you if needed.
10 OPTIONAL TOOLS
10.1 We may provide you with access to third-party tools which we neither monitor nor have any control nor input.
10.2 You acknowledge and agree that we provide access to such tools” as-is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
10.3 Any use by you of optional tools offered through the website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
10.4 We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
11 THIRD-PARTY LINKS
11.1 Certain content, products and services available via our Service may include materials from third parties.
11.2 Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy thereof and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
11.3 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
12 USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
12.1 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
12.3 You agree and guarantee that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
13 PERSONAL INFORMATION
14 REFUSAL, LIMITATION, AND CANCELLATION OF ORDERS
14.1 We reserve the right to refuse processing of payment for any order and/or to cancel any purchase, in part or completely, with notice given to you. We will be liable for reimbursing you the Rand value paid, only if you have already paid for the cancelled order.
14.2 We may, in our sole discretion, limit or cancel quantities of product purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. Should we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
14.3 We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.
14.4 We reserve the right, in the interest of preventing fraud, to refuse the processing of payment for any order and/or to cancel any purchase, partially or completely. We may request documentation to complete the necessary fraud checks and cancel any order where the necessary documentation is not provided in a timely manner.
For more detail, please review our Returns Policy.
The rules under which products can be returned are specified in our Returns Policy. Please find the link to our Returns Policy on our website footer or contact firstname.lastname@example.org to request the details.
16 PROHIBITED USES
In addition to other prohibitions as set forth in these Terms of Service, you are prohibited from using the website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of this website or any related website for violating any of the prohibited uses.
17 DISCLAIMERS OF WARRANTIES; LIMITATION OF LIABILITY
17.1 We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
17.2 We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
17.3 We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
17.4 You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
17.5 You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
17.6 In no case shall we, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, delict (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. To any extent that the exclusion or the limitation of liability for consequential or incidental damages is limited by any law, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold us, or any parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party in connection with any matter whatsoever to which these Terms of Service relate.
Should any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
20.1 The obligations and liabilities of any parties incurred under any specifically enduring terms provided for herein prior to the termination date shall survive the termination of this agreement accordingly.
20.2 These Terms of Service are effective unless and until terminated by either party hereto. You may terminate these Terms of Service at any time by notifying us accordingly, or when you cease using our website.
20.3 If in our sole judgement you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice and you will remain liable for all amounts due hereunder and we shall be entitled to deny you may deny you any further access to this website and/ our Service.
21 ENTIRE AGREEMENT
21.1 Any failure on our part to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
21.2 These Terms of Service and any policies or operating rules posted by us on this website constitutes the entire agreement and understanding between you and us and governs your use of the Service and this website, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
21.3 Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
22 GOVERNING LAW
These Terms of Service and any matter ancillary or related thereto shall be governed by and construed in accordance with the laws of South Africa. In terms of section 45 of the Magistrates Court Act, No. 32 of 1944, you the customer hereby consents to the jurisdiction of the Magistrates Court in a district nominated by Bosrus. It shall be entirely within the discretion Bosrus to proceed against the customer in such Magistrates Court or in any other court having jurisdiction.
23 THE ELIGIBILITY TO OWN A FIREARM IN SOUTH AFRICA
23.1 Possession of Firearms: It is a crime to possess a firearm without a current licence, permit, or authorization. Certain types of firearms, such as fully automatic firearms, launchers, or firearms gazetted by the Minister of Police, are prohibited from possession.
23.2 Handling and Discharging: Negligently using a firearm or airgun to cause bodily injury or property damage is an offence. It is also illegal to discharge a firearm or airgun in a manner likely to endanger the safety or property of others or to handle a firearm while under the influence of intoxicating substances.
23.3 Carrying and Storage: Firearms must be locked away in a safe or strongroom when not carried on the person or under direct control. Carrying a firearm in a public place is only permitted if certain conditions are met. Failure to secure firearms or report loss or theft can result in criminal charges.
23.4 Possession of Ammunition: Possession of ammunition is generally restricted to individuals who hold a licence, permit, or authorization for a firearm capable of discharging that ammunition.
23.5 Licensing: Separate licences are issued for each firearm and each person. Licence holders must comply with licence conditions and notify the Registrar of any changes. False information or unauthorised alterations to licences are offences.
23.6 Firearm Collections: Licences may be issued for firearm collections, both private and public, with specific storage and display requirements. Possessing more than 200 rounds of ammunition without approval is prohibited.
23.7 Business Licences: Licences can be granted for various business purposes involving firearms, such as training, game ranching, professional hunting, or theatrical productions. Compliance with licence conditions and proper record-keeping is required.
23.8 Dealers, Manufacturers, and Gunsmiths: Trading in firearms, manufacturing firearms or ammunition, and performing gunsmithing work without the appropriate licences are offences. Licence holders must comply with various obligations, such as maintaining registers, producing firearms for inspection, and using specified premises.
23.9. Import and Export: Importing or exporting firearms or ammunition without a permit is illegal. In-transit carriage through South Africa also requires an in-transit permit.
23.10 By accepting these terms and conditions you confirm that you are a responsible legal South African citizen that knows and understands the Firearm Control Act 90 of 2000 and will adhere to its provisions and regulations.
23.11 Bosrus adheres to the Firearms Control Act and the prohibitions and regulatory laws relating to firearms of South Africa. Bosrus cannot be held liable or responsible in any way for the decisions regarding licensing of your firearm decided by the Central Firearm Registry (CFR) and South African Police Services (SAPS)
23.12 It is recorded and your attention is brought specifically to the fact that it is strictly prohibited to export any firearm acquired via or pursuant to the provisions of these Terms of Service from the Republic of South Africa
24 CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
25 SECURITY POLICY
Pursuant to the Bosrus Security Policy this website is hosted on a secure dedicated server. All traffic is encrypted by SSL and the website incorporates DDS, Hardware Firewall and Web Application Firewall protection. The site features 99% uptime with redundancy and daily backup stored for 2 (two) weeks with support and monitoring.
26 CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com