Terms & Conditions

  1. Introduction
    1. This website can be accessed at www.sunbirdinternational.com, related mobi-sites and software applications (the “Website”) and is owned and operated by Sunbird  International (“Sunbird ”, “we”, “us” and “our”).
    2. These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, Services,and the use of the Website.
    3. These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
    4. The Website enables you to shop online for an extensive range of services, including but not limited to, Website Design, Hosting, Search Engine Optimisation, Auditing and Advertising (“Goods”).
    5. Sunbird  allows third party sellers to list and sell their Goods on the Website (each a “Third Party Seller”). Sunbird  will indicate on relevant product pages and checkout pages when Goods are for sale by a Third Party Seller. Certain terms in these Terms and Conditions only apply to purchases from Third Party Sellers, and others only apply to purchases from Sunbird . This will be made clear in the relevant clause.
  2. Important Notice
    1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
    2. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
      1. may limit the risk or liability of Sunbird  or a third party; and/or
      2. may create risk or liability for the user; and/or
      3. may compel the user to indemnify Sunbird  or a third party; and/or
      4. serves as an acknowledgement, by the user, of a fact.
    3. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
    4. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Sunbird  to explain it to you before you accept the Terms and Conditions or continue using the Website. If you are unfamiliar with eBooks, please pay particular attention to clause 10 below, which describes the nature, functionality, usage rights and delivery of eBooks.
    5. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Sunbird  in terms of the CPA.
    6. Sunbird  permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.
  3. Returns
    1. Please refer to our Returns Policy for more information about returning products (and related refunds, replacements or repairs).  The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
  4. Registration and use of the website
    1. Only registered users may order Goods on the Website.
    2. To register as a user, you must provide a unique username and password and provide certain information and personal details to Sunbird . You will need to use your unique username and password to access the Website in order to purchase Goods.
    3. You agree and warrant that your username and password shall:
      1. be used for personal use only; and
      2. not be disclosed by you to any third party.
    4. For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
    5. You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
    6. You agree to notify Sunbird  immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
    7. By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
    8. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Sunbird  representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
    9. You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
    10. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Sunbird  representative.
  5. Conclusion of sales and availability of stock
    1. Registered users may place orders for Goods, which Sunbird  or the Third Party Seller may accept or reject. Whether or not Sunbird  or the Third Party Seller accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by Sunbird  for the Goods.
    2. NOTE: Sunbird  or the Third Party Seller will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and Sunbird  or the Third Party Seller come into effect (the “Sale”). This is regardless of any communication from Sunbird  stating that your order or payment has been confirmed. Sunbird  will indicate the rejection of your order (by Sunbird  itself or the Third Party Seller) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
    3. Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may cancel the Sale only in accordance with the Returns Policy.
    4. Any order of a television will be subject to the condition that we obtain from you your valid TV licence number and your account holder ID. If we do not receive your TV licence number and your account holder ID, or your TV licence number cannot be validated, you will not be able to check out with the television in your shopping basket.
    5. Placing Goods in a wishlist or shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket  if stock is no longer available or the price thereof might change without notice to you. You cannot hold Sunbird  or the Third Party Seller liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
    6. You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by Sunbird , Sunbird  will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after placing an order, Sunbird  will notify you and you will be entitled to a refund of the amount paid by you for such Goods.
    7. In the case of Goods for sale by a Third Party Seller, Sunbird  relies on inventory information supplied by the relevant Third Party Seller and Sunbird  accordingly bears no liability for any inaccuracies in the information supplied to it. Consequently, should you order any Goods from a Third Party Seller which are in fact sold-out, any resulting dispute should be resolved between you and the relevant Third Party Seller, your respective rights and obligations being as set out in these Terms and Conditions.
    8. Certain Goods may not be purchased for re-sale. Should we suspect that any Goods are being purchased for sale, we are entitled to cancel your order immediately without notice to you.
    9. Please see details relating to Pre-orders in our FAQ’s: Pre-Order, which are incorporated by reference.
  6. Payment
    1. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
    2. Whether the Goods are for sale by Sunbird  or a Third Party Seller, payment can be made for Goods via –
      1. debit card;
      2. credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;

 

    1. The above payment options are explained in more detail in our Frequently Asked Questions (“FAQ”): Payment, which are incorporated by reference.
    2. You may contact us via email at sunbirdint@gmail.com to obtain a full record of your payment. We will also send you email communications about your order and payment.
    3. Once you have selected your payment method and you accept these Terms and Conditions, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
  1. Delivery of goods
    1. Where it accepts your order, Sunbird  or the Third Party Seller will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.
    2. Sunbird ’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. Sunbird  is not responsible for any loss or unauthorised use of a product, after it has delivered.
  2. Errors
    1. We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.
    2. Sunbird  shall not be bound by any incorrect information regarding our products displayed on any third party websites.
  3. Vouchers & Coupons
    1. Sunbird  may from time to time make physical or electronic gift vouchers (“Vouchers”) and promotional coupons or discounts (“Coupons”) available for use on the Website towards the purchase of Sunbird  Goods. Vouchers and Coupons can only be redeemed while they are valid and their expiry dates cannot be extended. More specifically:
      1. Vouchers
        1. Vouchers that are purchased by registered users are valid for 2 months after Sale. Vouchers that Sunbird  gives away for free are valid for the period stated thereon. In each case, if your Voucher has not been used within that period, it will expire.
        2. Vouchers cannot be used to buy other Vouchers or Coupons. They do not accrue interest and are not refundable for cash once purchased. If your Voucher value is insufficient for the order you wish to place, you may make up the difference by paying via one of our other payment methods.
        3. Sunbird  is not responsible for any harm due to the loss, unauthorised use or unauthorised distribution of a Voucher, after it has delivered the Voucher to you or the email address nominated by you.
      2. Coupons
        1. There are two types of Coupons; a Coupon with a fixed amount of a discount, e.g. R100 off (“Fixed Coupon“), and a Coupon with a percentage discount, e.g. 10% off (“Percentage Coupon“).
        2. Coupons are issued in Sunbird ’s sole discretion and we are entitled at any time to correct, cancel or reject a Coupon for any reason (including without limitation where a Coupon has been distributed in an unauthorised manner). Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.
        3. As a general rule, and unless specified otherwise on the specific Coupon itself:
          1. each Coupon can only be used once;
          2. only one Coupon can be used per order;
          3. only one Coupon can be used on the Website per person per promotion/campaign;
          4. Coupons with a percentage discount offer may only be used on purchases with a total cart value of less than R5,000;
          5. a Coupon must be used at check-out – it cannot be used later on existing orders; and
          6. the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.
        4. Coupons cannot be used to buy Vouchers or other Coupons, and cannot be exchanged or refunded for cash or credit. Sunbird  is not responsible for any harm due to the loss, unauthorised use or distribution of a Coupon.
        5. If for any reason a Coupon does not reflect on the final amount due from you at check-out, you can contact sunbirdint@gmail.com to confirm if the Coupon is still valid.  If Sunbird  confirms that the Coupon is still valid and you have already placed your order, you can choose whether to cancel the order and place it again with the Coupon, or you can use the Coupon on your next order within the limitations of the specific Coupon’s terms and conditions.
        6. You may be required to submit the original communication containing the Coupon code, and any other information reasonably requested by Sunbird , before you are able to use a Coupon.
  4. Daily Deals and other discounted Goods
    1. Daily Deals (“Deals”) will be available daily from 7am – 17:00pm on week days and from 9am – 17:00pm on weekends. Deals will expire no later than one minute to 17:00pm each day. However, Deals have a stock limit and may expire earlier if stock runs out.
    2. Deal quantities are limited and as such, after a Deal is sold out, those particular Goods may be available on the Website at their normal selling prices (but no longer as a Deal).
    3. We do not guarantee a specific saving. The extent of the Deal or discount is at the sole discretion of Sunbird .
    4. Only one of each Deal may be purchased per customer.
    5. Adding a Deal to your cart, or completing your order for a Deal without paying for it, does not reserve the item for you. Sunbird  must receive payment from you within 3 days of you placing your order for a Deal, otherwise we will cancel your order.
    6. Sunbird  will reserve stock for customers in the order in which it receives payment. Therefore if you pay via EFT, you might not get your item because Sunbird  may only receive payment from you a few days later, and in the meantime the Deal might sell out to customers paying immediately.
    7. The List Price shown in respect of Deals and other discounted Goods is the recommended retail price suggested to us by the supplier of the relevant product. Where the supplier has not provided a recommended retail price, an estimate may be provided. Where a product is offered for sale by a Third Party Seller, the List Price may be provided by the Third Party Seller.
    8. By purchasing any Deal, you are also automatically opting in for our Daily Deals daily newsletter as well as our general newsletter (you may opt-out of these newsletters at any time). Opting out of these newsletters after purchase will not affect the value of the Goods purchased.
  5. eBooks
    1. An “eBook” means an electronic book  capable of being opened and read on your PC or Mac computer using Adobe Digital Editions software (“Adobe Reader”), and on certain other mobile hardware devices (such as iphones and android) using the Sunbird .com Reader software (“Sunbird  eReader”). The Adobe Reader and Sunbird  eReader are “Reader Applications”. Your access to any eBook purchased by you from us will be granted via a link to such eBook) (the “Link”).
    2. IMPORTANT – Limits to functionality and usage of eBooks:
      1. You will not be able to read eBooks on devices that do not support either of the Reader Applications, therefore check your device prior to purchasing an eBook.
      2. Even if a device supports either of the Reader Applications, eBooks will only be able to be read on such devices that you have associated with your profile in the relevant Reader Application. If you have not registered additional devices with one of the Reader Applications, you will only be able to read the eBook on the device onto which it was first downloaded.
      3. You will need to be connected to the internet when you download an eBook and open it for the first time.  On subsequent openings of the eBook, you will not need to be connected to the internet, provided you are opening the eBook from the device on which you first downloaded and opened the eBook.
    3. Ordering eBooks: When ordering an eBook from us, you will be ordering the right to download such eBook from the relevant publisher and consequently, if Sunbird  accepts your order, delivery will take place electronically via the internet as described below.
    4. Delivery of eBooks:
      1. Where Sunbird  accepts your order, upon receipt or confirmation of payment, we will obtain your Link to the relevant eBook from the relevant eBook publisher and deliver such Link to you in your “LibraryBox” page on the Website. The speed of delivery of a Link will depend on a variety of factors, most of which are internet related and beyond our control (such as server availability, ADSL lines etc) and as such, Sunbird  does not hereby undertake to make delivery within any specific timeframe. However, as a guide only, delivery should occur within a few seconds, but can also take up to a number of hours. You will be able to access and click on the Link at any time following delivery thereof to you, subject to certain restrictions. PLEASE TAKE NOTE OF THE FOLLOWING RESTRICTIONS:
        1. So as to reduce the risk of fraud, eBook publishers limit the number of times any Link can be clicked before access to the Link is blocked. You will be able to click on such Link at least once, but acknowledge that access to the Link may become blocked after your first click so as to prevent fraud;
        2. The Link will not appear if you have removed it, or Sunbird  has removed it pursuant to your having ‘returned’ the eBook (if possible in accordance with Sunbird ’s Returns Policy pertaining to eBooks from time to time);
        3. Sunbird  does not guarantee that eBook publishers will make their eBooks available for download indefinitely and Sunbird  accepts no responsibility or liability to you or any other person if, upon your accessing and clicking the Link, the relevant eBook publisher no longer has the eBook available for download via such Link, provided that, if you discover and report such a problem within 6 months of your receipt of the Link, you will be entitled to a full refund of the purchase price paid therefor.
      2. We do not charge any delivery fees for electronic delivery of the relevant eBook link, however, you may incur costs (eg internet service provider fees) associated with downloading the eBook, and we will not under any circumstances be liable for any such costs incurred by you.
      3. Practical issues to note in utilising the Link to download the eBook:
        1. The Link will contain your unique reference number as allocated by the publisher of the eBook. By clicking on the Link, a small locator file, unique to you, will be downloaded and will give you access to the eBook.
        2. IMPORTANT: the locator file required in order to access the eBooks will only be downloaded IF the device you are using to click the Link is already associated with the relevant Reader Application (i.e. if you are using a PC or Mac to click on the Link, you must have the Adobe Reader installed on that PC/Mac. If you are using a mobile device to click on the Link, you must have the Sunbird  eReader installed on that mobile device).
        3. If you have any problems relating to the functionality of your Link, please report same to us at our call centre on 0861 222 989 or via email to sunbirdint@gmail.com, so that we can assist you in resolving the problem.
    5. Returns of eBooks: Please refer to our Refunds Policy.
    6. Illegal use of eBooks:
      1. All eBooks are the exclusive property of the publisher or its licensors and are protected by copyright and other intellectual property laws. The download of eBooks is intended for your personal and non-commercial use. Any other use of eBooks purchased from us is strictly prohibited.
      2. You may not modify, transmit, publish, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit, any of the content of eBooks, in whole or in part, and more specifically, you will not print, copy, or ‘lend’ eBooks to any other person. You may also not do anything which otherwise contravenes any licence conditions imposed by the publisher, as described on the relevant eBook’s product detail page. These aforementioned prohibitions are hereinafter referred to as “Illegal Activities”.
      3. By downloading any eBook, you hereby acknowledge and agree to these Terms and Conditions. You hereby undertake that you shall not do nor try to do any of the Illegal Activities. You hereby indemnify Sunbird  from any and all loss, damage, or expense it may suffer or from claims which may be made by third parties against Sunbird  which arise from or in relation to your having participated in any Illegal Activities in relation to any eBook sold by Sunbird .
    7. For more information and assistance , please refer to our FAQ’s: eBooks, which are incorporated by reference:
  6. Third Party Sellers
    1. Sunbird  will indicate on relevant product pages and checkout pages when Goods are for sale by a Third Party Seller. In such cases Sunbird  only provides the platform to facilitate transactions between Third Party Sellers and Sunbird  customers. Sunbird  is neither the buyer nor the seller of these Goods unless otherwise specified.
    2. The Sale formed on acceptance of your order (in accordance with clause 5.2) for Goods that are for sale by a Third Party Seller is therefore solely between the registered user and such Third Party Seller. Sunbird  is not a party to that sale.
    3. The Third Party Seller is solely responsible for fulfilment of delivery of the Goods. The Third Party Seller is also responsible to provide an invoice to the registered user if required.
    4. Not all Third Party Sellers are registered VAT (Value-Added Tax) vendors. Only Third Party Sellers who are registered VAT vendors may charge VAT on Goods sold and issue a tax invoice in respect thereof. If a Third Party Seller is not a registered VAT Vendor, it may not charge VAT on Goods sold and will not be in a position to issue a tax invoice in respect thereof.
    5. Because Sunbird  wants the registered user to have a safe and consistent experience, Sunbird  will handle any returns under the CPA or the Electronic Communications and Transactions Act 2002 (“ECT Act”), by the registered user arising out of or in connection with the Sale between a registered user and a Third Party Seller on behalf of the Third Party Seller according to Sunbird ’s own Returns Policy. Should such claim escalate into being a dispute, although Sunbird  is entitled to become involved in an attempt to resolve it, Sunbird  is not obliged to do so and any disputes must be resolved between you and the relevant Third Party Seller alone.
  7. Privacy policy
    1. We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.
    2. Should you decide to register as a user on the Website, we may require you to provide us with personal information which includes but is not limited to –
      1. your name and surname;
      2. your email address;
      3. your physical address;
      4. your gender;
      5. your mobile number; and
      6. your date of birth.
    3. Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.
    4. You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
    5. Subject to clause 14.6 below, we will not, without your express consent:
      1. use your personal information for any purpose other than as set out below:
        1. in relation to the ordering, sale and delivery of Goods;
        2. to contact you regarding current or new Goods or services or any other goods offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us);
        3. to inform you of new features, special offers and promotional competitions offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us); and
        4. to improve our product selection and your experience on our Website by, for example, monitoring your browsing habits, or tracking your sales on the Website; or
      2. disclose your personal information to any third party other than as set out below:
        1. to our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Goods or when delivering Goods to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
        2. to our divisions and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);
        3. to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of these Terms and Conditions;
        4. to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their own benefit;
        5. to our suppliers in order for them to liaise directly with you regarding any faulty Goods you have purchased which requires their involvement; and
        6. to any Third Party Seller for purposes of sending you an invoice for any Goods purchased from such Third Party Seller, which disclosed information will be limited to your email address (refer to clause 13 above).
    6. We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property.
    7. We will ensure that all of our employees, third party service providers, divisions and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.
    8. We will –
      1. treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;
      2. take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
      3. provide you with access to your personal information to view and/or update personal details;
      4. promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
      5. provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and
      6. upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.
    9. We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
    10. Sunbird  undertakes never to sell or make your personal information available to any third party other than as provided for in this policy, unless we are compelled to do so by law. In particular, in the event of a fraudulent online payment, Sunbird  is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
    11. Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
    12. If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than Sunbird , Sunbird  SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.
    13. In relation to eBooks –
      1. The Sunbird  eReader is based on Adobe software. When you use the Sunbird  eReader, you agree that your data may be collected by and transmitted to Adobe via the Sunbird  eReader.
      2. Adobe may collect, receive, use and share this data, but only in accordance with Adobe’s RMSDK Privacy Policy and general Privacy Policy contained at http://www.adobe.com, as amended time to time.
      3. Data, in this clause 14.13, means any information relating to a registered user including all information that could be used to identify, locate, or contact an individual, and data relating to a registered user’s use of the relevant Reader Application, which Adobe indicates it may collect in accordance with its Privacy Policy identified above.
      4. This Website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited. If you do not disable “cookies”, you are deemed to consent to our use of any personal information collected using those cookies, subject to the provisions of this clause 14.
  8. Changes to these Terms and Conditions
    1. Sunbird  may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
    2. Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
  9. Electronic communications
    1. When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions or partners electronically in accordance with our privacy policy as set out in clause 14 above.
  10. Ownership and copyright
    1. The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Sunbird , its advertisers and/or sponsors and/or is licensed to Sunbird .
    2. You will not acquire any right, title or interest in or to the Website or the Website Content.
    3. Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact our e-mail sunbirdint@gmail.com.
    4. Where any of the Website Content has been licensed to Sunbird  or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
  11. Disclaimer
    1. The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
    2. Whilst Sunbird  takes reasonable measures to ensure that the content of the Website is accurate and complete, Sunbird  makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by Sunbird ’s representatives, Sunbird  shall not be bound thereby.
    3. Sunbird  disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
    4. Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
    5. Any views or statements made or expressed on the Website are not necessarily the views of Sunbird , its directors, employees and/or agents.
    6. In addition to the disclaimers contained elsewhere in these Terms and Conditions, Sunbird  also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Sunbird , its employees, agents or authorised representatives. Sunbird  thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.
  12. Linking to third party websites
    1. This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and Sunbird  is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
    2. Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
  13. Limitation of liability
    1. Sunbird  cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Sunbird , its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to sunbirdint@gmail.com
    2. Sunbird  SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
    3. YOU HEREBY INDEMNIFY Sunbird  AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
  14. Availability and termination
    1. We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
    2. Sunbird  may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Sunbird  will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
    3. If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
    4. Sunbird  is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by Sunbird  to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Sunbird , in whole or in part, on notice to you. Sunbird  shall only be liable to refund monies already paid by you (see Sunbird ’s Returns Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
    5. At any time, you can choose to stop using the Website, with or without notice to Sunbird .
  15. Governing law and jurisdiction
    1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
    2. In the event of any dispute arising between you and Sunbird , you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
    3. Nothing in this clause 22 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
  16. Notices
    1. You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address  by giving Sunbird  not less than 7 days’ notice in writing.
    2. Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –
      1. by hand will be deemed to have been received on the date of delivery;
      2. by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
      3. by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and
      4. by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.
  17. General
    1. Sunbird  may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
    2. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
    3. Any failure on the part of you or Sunbird  to enforce any right in terms hereof shall not constitute a waiver of that right.
    4. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
    5. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
    6. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
    7. These Terms and Conditions contain the whole agreement between you and Sunbird  and no other warranty or undertaking is valid, unless contained in this document between the parties.

We want you to be happy with your purchase. If you are not completely satisfied, you can return the product to us and we will either repair / replace it, or credit your account, subject to the below terms. This Policy applies to products bought from Sunbird  itself and from Third Party Sellers. Please note that eBooks are dealt with separately in section 5 below.

Certain parts of this Policy do not apply to Unboxed Deals, and this is indicated in the relevant sections below. Unboxed Deals are returned products that are offered for sale at discounted prices, because their original packaging is damaged, unsealed or missing, or the products show signs of handling and/or re-packaging.

This Policy forms part of the Sunbird  Terms and Conditions, and so words defined in the Terms and Conditions have the same meaning in this Policy, unless the context indicates otherwise. Nothing in this Policy is intended to limit your statutory rights in any way.

Preparing your products for a return

To ensure your request is processed as quickly as possible you are responsible for the following when returning your products;

      • package your products safely and securely for protection during transit;
      • clearly mark your return reference number on the outside of the parcel; and
      • include all accessories and parts that were sold with the product.

Failure to adhere to any of these requirements could delay the processing of your request or result in its decline altogether.

1: Unwanted products

You can return an unwanted product to us at no charge, provided:

      • it is undamaged and unused, with the original labels and stickers still attached;
      • save in relation to Unboxed Deals, it is in the original packaging, which must be undamaged and in its original condition with all seals still intact (if applicable). Please refer to our FAQs for some examples;
      • it is not missing any accessories or parts;
      • you log a return on the Website within 30 days of delivery to you or collection by you of the unwanted product. After 30 days, you can only return a product if it is defective; and
      • it is not one of the products listed below.

Changed your mind?

Where you have changed your mind and would like a credit for a product, you can return it – provided the product is not:

      • a digital product such as an eBook, electronic voucher, gaming code or other digital download;
      • an audio or video recording or computer software that has been unsealed;
      • a newspaper, periodical or magazine;
      • a foodstuff, beverage or other product intended for everyday consumption;
      • a nursing or maternity product that has been unsealed, including (but not limited to) breast pumps, bottles, formula, maternity underwear, nappies and wipes;
      • a beauty product or fragrance which has been used; or
      • a product which has been personalised for you or made to your specifications.

We will collect the product from you at no charge. Once we have inspected the product and validated your return, we will credit your account with the purchase price of the product within 10 days of the return (or refund you if that is your preference).

Want to exchange?

Fashion and sportswear products can be exchanged for a different size or colour variation, provided that such variation is available. An Unboxed Deal can only be exchanged for a variation of the same Unboxed Deal. In such a case, we will collect the product from you and deliver the requested product to you at no charge. If such variation is not available, we will credit your account with the purchase price of the product within 10 days of the return (or refund you if that is your preference).

We are entitled to inspect the product to validate your return. Please refer to our FAQs for some advice on making sure that your product is returnable under this section.

Not what you ordered?

If we accidentally deliver the wrong product to you, or if the product is not as described on the Website, please notify us and we will collect the product from you at no charge. If the product is missing any accessories or parts, you will need to follow the process set out in section 2 below. Once we have inspected the product and validated your return, we will at your choice deliver the correct product to you as soon as possible (if the correct product is available); or credit your account with the purchase price of the product within 10 days of the return (or refund you if that is your preference).

2: Products damaged on delivery

Should a product be damaged or missing any parts or accessories at the time of delivery / collection, please notify us within 7 days of such delivery / collection by logging a return on the Website.

We will arrange to collect the product from you at no charge. Once we have inspected the product and validated your return, we will at your choice repair / replace the product as soon as possible (if such repair is possible/ we have the same product in stock to use as a replacement) or credit your account with the purchase price of the product (or refund you if that is your preference).

3: Defective products

We do our best to ensure that the products we deliver to you are of a high quality,  and in good working order and without defects.

What is a defect? A defect is a material imperfection in the manufacture of a product or any characteristic of a product, which makes the product less acceptable than one would reasonably be entitled to expect in the circumstances. Please refer to our FAQs for some examples.

The following will NOT be regarded as defects and will not entitle you to a return under this section 3:

      • faults resulting from normal wear and tear;
      • damage arising from negligence, user abuse or incorrect usage of the product;
      • damage arising from electrical surges or sea air corrosion;
      • damage arising from a failure to adequately care for the product;
      • damage arising from unauthorized alterations to the product;
      • where the specifications of a product, although accurately described on the Website and generally fit for its intended purpose, do not suit you; and
      • in relation to Unboxed Deals, signs of handling and/or repackaging.

Standard Warranty

If you have received a product which turns out to be defective or otherwise of poor quality, please notify us as soon as reasonably possible after you become aware of the defect or poor quality, but in any event within 6 months after delivery / collection of the product (except in the case of an extended supplier warranty, which is set out below).

You can do so by logging a return on the Website, and we will arrange to collect the product from you at no charge. Once we have inspected the product and validated your return, we will at your choice repair / replace the product (if such repair is possible / we have the same product in stock to use as a replacement) or credit your account with the purchase price of the product (or refund you if that is your preference). If the repair / replacement takes longer than 21 days, we will get in touch with you to see if you would rather receive a credit / refund.

Where there is no extended supplier warranty period, unfortunately we cannot facilitate returns that fall outside of the 6 month period.

Where you request a repair / replacement of an Unboxed Deal and a repair is not possible, we will see if we have a replacement Unboxed Deal product in stock (which is the same product, of the same nature and type, as the one sold), but if we do not, we will credit / refund you. A product in perfect condition (that is not an Unboxed Deal) is not the same product as an Unboxed Deal. This is why Unboxed Deals are discounted, compared to products in perfect condition.

Extended Supplier Warranty (stipulated on product page)

A product may have a supplier warranty that extends beyond the 6 month Standard Warranty. If such a product turns out to be defective more than 6 months after delivery / collection, please notify us as soon as reasonably possible after you become aware of the defect, but in any event within the extended supplier warranty period after delivery / collection of the product.

You can do so by logging a return on the Website, and we will facilitate your return of the product to the supplier at no charge. Unfortunately we cannot facilitate returns that fall outside of the extended supplier warranty period.

Please note that any extended supplier warranty is subject to whatever terms and conditions the supplier or manufacturer may impose. These are usually stated in a brochure or leaflet inside or on the product packaging. It is your responsibility to make yourself aware of any such terms and conditions.

It is also important to note that it will be in the supplier or manufacturer’s discretion what remedy it can offer you. Sunbird  is under no obligation to provide you with a credit, repair / replacement, as your remedy lies with the supplier or manufacturer. However, since we want your experience to be as good as possible, if the supplier or manufacturer has offered you a repair / replacement within the applicable extended supplier warranty and it takes longer than 21 days, we will get in touch with you to see if you would rather receive a credit / refund directly from us.

PLEASE NOTE: Unboxed Deals do not have extended supplier warranties and this will be made clear on the product description page.

4: Vouchers & Coupons

There are two types of Coupons: a Coupon with a fixed amount of a discount, e.g. R100 off (“Fixed Coupon”), and a Coupon with a percentage discount, e.g. 10% off (“Percentage Coupon”).

Where you have used a Fixed Coupon to pay for an order, and you or Sunbird  later cancels your order (or part thereof) prior to delivery of the relevant product(s), or you log a return of one or more products for a credit in accordance with the Returns Policy, the value of the Fixed Coupon will be deducted off the purchase price of the cancelled or returned product(s) (as applicable), and we will credit your account for the balance, if any (or refund you if that is your preference). We will also provide you with a replacement Fixed Coupon of the same value as the original Fixed Coupon used. Sunbird  may in its sole discretion impose restrictions on the use of the replacement Fixed Coupon.  For any subsequent cancellations or returns arising out of the same order, we will credit your account as normal with the value of the returned product (or refund you if that is your preference).

Where you have used a Percentage Coupon  to pay for an order, and you or Sunbird  later cancels your order (or part thereof) prior to delivery of the relevant product(s), or you log a return of one or more products for a credit in accordance with the Returns Policy, the value of the discount received using the Percentage Coupon will be deducted off the purchase price of the cancelled or returned product(s) (as applicable), and we will credit your account for the balance, if any (or refund you if that is your preference). We will also provide you with a replacement Fixed Coupon of the same value as the discount received using the original Percentage Coupon. Sunbird  may in its sole discretion impose restrictions on the use of the replacement Fixed Coupon. For any subsequent cancellations or returns arising out of the same order, we will credit your account as normal with the value of the returned product (or refund you if that is your preference).

Wherever you have used a Voucher to purchase a product that you later return for a refund in accordance with the Policy, we cannot refund you in cash for that portion of the purchase price which you paid using the Voucher, but we will credit your account.

5: eBook Returns

eBooks are treated differently to other products when it comes to returns, given their digital nature and the fact that technical knowledge of eBooks may be required to assist you if the eBook or its Link does not work. Once you purchase an eBook, we will only allow you to return it if defective.

Any defect in an eBook or its Link shall be dealt with as follows:

      • Should you experience any problems in using the Link to access the eBook, in opening or reading the eBook itself, or if the eBook is defective in some other way (missing pages, incorrect book, etc), please log a return on the Website as soon as reasonably possible after you become aware of the problem, but in any event within 6 months of purchase. This will create a support request for you.
      • As a result, we will investigate the possible cause/s of the problem and how to rectify them. We may need to liaise with the relevant service providers to assess and rectify the problem or to issue you with a new Link so that you can get a replacement eBook of the same title.
      • If the eBook is defective, we will at your choice replace it (if such replacement is possible) or credit your account with the purchase price of the eBook (or refund you if that is your preference).

6: Charges

If you return a defective product (excluding eBooks) to us, but you fail to return all of the accessories and parts that were sold with that product, we are entitled to (subject to applicable law) to refuse the return, only to replace the item that you did return, or to estimate the value of the missing accessories and parts and only to credit or refund you in respect of the returned item.

If you return a product (excluding eBooks) that does not comply with this Policy, you may be liable to reimburse Sunbird  for the cost of collecting the product from you and the cost of having the product returned to you.

Under no circumstances will donations be refunded.

Responsible Disclosure Policy

At Sunbird , we’ve built our business on the simple principle that our customers come first. We aim to keep our website, mobile site and related software applications (“Website”), as well as the service offered on our Website (“Service”) safe for everyone to use, and data security is of the utmost importance. If you have discovered a security vulnerability in our Website or Service, we encourage you to contact us and disclose it to us in a responsible manner.

When security vulnerabilities are reported to us in compliance with this policy, Sunbird  will validate and fix such vulnerabilities as soon as reasonably possible, in line with our commitment to the privacy, safety and security of our customers. We will not take legal action against you or terminate your access to the Service if you discover and report security vulnerabilities responsibly in compliance with this policy. Sunbird  reserves all of its legal rights in the event of any noncompliance with this policy.

If you are looking to report another type of issue, which falls outside of the scope of this policy, for example if you are a current customer and you suspect fraudulent activity or suspect that your account may have been compromised, please contact our support team here. Your issue will be investigated immediately and thoroughly.

Reporting a Security Vulnerability

If you think that you have found a security vulnerability in our Website or Service, please contact us immediately via Security. When reporting a security vulnerability, you must do the following:

  • Include as much information as possible in your report, as we require a way to reproduce the security vulnerability in order to validate and fix it. “Proof-of-Concept” programs, tools, or test accounts that you’ve created are welcome, and the following information is required:
    • the URL where the vulnerability occurs;
    • if applicable, the parameter where the vulnerability occurs;
    • the type of the vulnerability;
    • a step-by-step instruction how to reproduce the vulnerability;
    • a demonstration of the vulnerability, by screenshots or video; and
    • if applicable, an attack scenario (an example attack scenario may help demonstrate the risk and get the issue resolved faster).
  • Do not share your findings with anyone until Sunbird  has had adequate time to investigate and deploy a fix. We will notify you when the security vulnerability has been patched.
  • Consider telling us how to identify you.

We’re particularly interested in:

  • XSS attacks
  • SQL injection
  • Remote code execution
  • Circumventing permission limitations
  • CSRF attacks

Restrictions

At Sunbird , we welcome “white hat” security researchers, and appreciate your research and proactive responsible disclosure. Please note however that Sunbird  does not permit you to do any of the following:

  • access, modify or destroy a Sunbird  customer’s account or data;
  • interrupt or degrade our Service;
  • execute a “Denial of Service” attack;
  • post, transmit, upload, link to, send or store any malicious software;
  • send any unsolicited or unauthorized mail or messages;
  • violate any applicable law;
  • perform any testing that would result in any of the above; or
  • attempt to do any of the above.

Contravening this policy in any way may result in us suspending or terminating your access to the Service, contacting the relevant authorities and/or pursuing any other remedies we have at law.

Our Commitment

If you identify a security vulnerability in compliance with this policy, Sunbird  commits to:

  • acknowledging receipt of your vulnerability report in a timely manner;
  • confirming the validity of your report; and
  • notifying you when the vulnerability is fixed.

We will unfortunately not offer any monetary rewards.