1. INTRODUCTION
1.1 These Terms and Conditions (“Terms”) regulate the access to and use of the website located at bearbasix.com (“the Website”), owned and operated by BearDen (Pty) Ltd, registration number 2025/914083/07, trading as BearBasix (“the Company”, “we”, “our” or “us”).
1.2 These Terms constitute a legally binding agreement between the Company and every person who accesses or uses the Website (“User”, “Customer”, “you” or “your”).
1.3 By accessing the Website, creating an account, placing an order or using any services available through the Website, you acknowledge that you have read, understood and agree to be bound by these Terms.
1.4 If you do not agree to these Terms, you must immediately discontinue use of the Website.
1.5 These Terms should be read together with the Company’s Privacy Policy, Cookie Policy, Disclaimer, Returns & Refunds Policy and Shipping & Delivery Policy, all of which form part of the agreement between you and the Company.
2. COMPANY INFORMATION
2.1 Legal Entity
BearDen (Pty) Ltd
Registration Number: 2025/914083/07
Trading Name: BearBasix
Website: bearbasix.com
Email: info@bearbasix.com
Telephone: +27 81 385 2747
2.2 The Company conducts business in accordance with the laws of the Republic of South Africa.
3. DEFINITIONS
Unless the context indicates otherwise:
Business Day means any day other than a Saturday, Sunday or official South African public holiday.
Company means BearDen (Pty) Ltd.
Customer means any person purchasing Products from the Company.
Order means any order placed through the Website.
Products means all products sold by the Company including, but not limited to, herbal supplements, mushroom supplements, nutritional products, wellness products and related goods.
Services means all services provided through the Website.
User means any person accessing or using the Website.
Website means bearbasix.com and all pages operated under that domain.
4. LEGAL CAPACITY
4.1 By using this Website you warrant that:
a. you are at least eighteen (18) years of age or have the consent of your parent or legal guardian;
b. you have the legal capacity to enter into binding agreements;
c. all information supplied by you is true, accurate and complete;
d. you will not use the Website for any unlawful or fraudulent purpose.
4.2 The Company reserves the right to refuse access to the Website or cancel any Order where these requirements are not satisfied.
5. CHANGES TO THESE TERMS
5.1 The Company may amend these Terms from time to time.
5.2 Updated Terms become effective upon publication on the Website unless otherwise stated.
5.3 Continued use of the Website after publication of amended Terms constitutes acceptance of those amendments.
6. ACCESS TO THE WEBSITE
6.1 The Company grants Users a limited, revocable, non-transferable and non-exclusive licence to access and use the Website for lawful personal or commercial purchasing purposes.
6.2 Users may not:
a. interfere with the operation or security of the Website;
b. attempt unauthorised access to any part of the Website or its servers;
c. copy, scrape, harvest or extract Website content through automated means;
d. introduce malicious software, viruses or harmful code;
e. use the Website in a manner that could damage, disable or impair its operation.
6.3 The Company may suspend or terminate Website access where misuse is suspected.
7. CUSTOMER ACCOUNTS
7.1 Customers may create an account to facilitate purchases.
7.2 Customers are responsible for maintaining the confidentiality of their login credentials.
7.3 Customers remain responsible for all activity occurring under their accounts.
7.4 The Company reserves the right to suspend or terminate accounts used fraudulently or in breach of these Terms.
8. PRODUCT INFORMATION
8.1 The Company makes reasonable efforts to ensure that Product descriptions, ingredient lists, specifications, photographs and pricing are accurate.
8.2 Product images are provided for illustrative purposes only.
8.3 Actual packaging, colours, labels and presentation may differ from those displayed on the Website.
8.4 Manufacturers may amend ingredients or packaging without prior notice.
8.5 Customers should always read the Product label before use.
8.6 Educational content published by the Company is provided for general information only and should not be interpreted as medical advice.
8.7 Nothing contained on the Website is intended to diagnose, treat, cure or prevent any disease.
9. HEALTH INFORMATION
9.1 Products sold by the Company are nutritional supplements.
9.2 Customers should consult an appropriately qualified healthcare professional before using any Product if they:
a. are pregnant;
b. are breastfeeding;
c. have an existing medical condition;
d. are taking prescription medication;
e. are scheduled for surgery; or
f. have concerns regarding possible interactions or allergies.
9.3 Individual results may vary.
9.4 The Company makes no guarantee regarding specific health outcomes resulting from the use of any Product.
10. PRODUCT AVAILABILITY
10.1 All Products are subject to availability.
10.2 The Company reserves the right to discontinue any Product without prior notice.
10.3 Where a Product becomes unavailable after an Order has been placed, the Company may:
a. refund the affected Product;
b. cancel the Order;
c. offer a suitable alternative; or
d. contact the Customer regarding available options.
11. PRICING
11.1 Unless otherwise indicated, all prices are displayed in South African Rand (ZAR).
11.2 Prices include Value Added Tax (VAT) where applicable.
11.3 Delivery charges are calculated separately unless otherwise stated.
11.4 Promotional prices apply only during the advertised promotional period.
11.5 The Company reserves the right to correct pricing errors.
11.6 Where an obvious pricing error has occurred, the Company may cancel the Order and refund any payment received.
12. ORDERS
12.1 Placing Products in an online shopping cart does not reserve stock.
12.2 An Order submitted by a Customer constitutes an offer to purchase Products.
12.3 The Company reserves the right to accept or reject any Order.
12.4 Orders become binding only once accepted by the Company.
12.5 The Company may refuse Orders where:
a. Products are unavailable;
b. payment cannot be authorised;
c. fraudulent activity is suspected;
d. incorrect pricing exists;
e. incorrect information has been supplied; or
f. fulfilment is impossible for reasons beyond the Company’s reasonable control.
13. PAYMENT
13.1 Payment must be received before Products are dispatched unless otherwise agreed in writing.
13.2 Payments are processed through secure third-party payment providers.
13.3 The Company does not store customers’ complete payment card details.
13.4 Accepted payment methods are displayed during checkout and may change from time to time.
13.5 Orders may be cancelled where payment authorisation cannot be obtained.
14. DELIVERY
14.1 Delivery is available within the Republic of South Africa unless otherwise stated.
14.2 Estimated delivery times are provided for guidance only and are not guaranteed.
14.3 Delivery periods commence once payment has been successfully received and the Order has been accepted by the Company.
14.4 The Company may use independent third-party courier or logistics providers to fulfil Orders.
14.5 Delivery delays caused by circumstances beyond the Company’s reasonable control shall not constitute a breach of these Terms.
14.6 The Customer is responsible for ensuring that the delivery address supplied is complete and accurate.
14.7 Additional delivery charges arising from incorrect or incomplete delivery information may be payable by the Customer.
14.8 The Company shall not be liable for delivery delays resulting from incorrect information supplied by the Customer.
15. COLLECTION OF ORDERS
15.1 Where collection is offered, the Company will notify the Customer when the Order is ready.
15.2 Appropriate identification may be required before Products are released.
15.3 The Company reserves the right to refuse collection where satisfactory proof of identity or authority is not provided.
16. RISK AND OWNERSHIP
16.1 Risk in the Products passes to the Customer upon delivery to the delivery address supplied.
16.2 Ownership of the Products shall remain vested in the Company until full payment has been received.
17. RETURNS AND REFUNDS
17.1 Returns and refunds are governed by the Company’s Returns & Refunds Policy and applicable South African consumer protection legislation.
17.2 Consumable Products which have been opened, used, tampered with or have broken safety seals may not be returned unless required by law.
17.3 Customers must notify the Company promptly if incorrect, damaged or defective Products are received.
17.4 Nothing contained in these Terms limits any rights afforded to consumers under the Consumer Protection Act.
18. PROMOTIONS
18.1 Promotions are valid only during the advertised promotional period.
18.2 Promotions may not be combined unless expressly stated.
18.3 Discount codes are limited to one use per qualifying transaction unless otherwise specified.
18.4 Promotions have no cash value.
18.5 The Company reserves the right to amend, suspend or withdraw promotions where reasonably necessary.
18.6 Obvious pricing or promotional errors may be corrected without notice.
19. GIFT VOUCHERS AND STORE CREDIT
19.1 Where gift vouchers or store credit are issued, they shall be subject to any specific terms accompanying their issue.
19.2 Gift vouchers are not redeemable for cash unless required by applicable law.
19.3 Lost, stolen or expired vouchers may not be replaced.
20. CUSTOMER RESPONSIBILITIES
20.1 Customers agree to:
a. provide accurate information;
b. maintain accurate account information;
c. comply with all applicable laws;
d. use Products only in accordance with their instructions;
e. read all labels, warnings and precautions supplied with Products.
20.2 Customers must discontinue use of a Product and seek appropriate professional advice should an adverse reaction occur.
21. WEBSITE CONTENT
21.1 All information published on the Website is provided in good faith.
21.2 While reasonable efforts are made to ensure accuracy, the Company does not warrant that Website content is complete, current or error-free.
21.3 Information may be updated or amended without prior notice.
22. INTELLECTUAL PROPERTY
22.1 Unless otherwise stated, all intellectual property appearing on the Website remains the exclusive property of the Company or its licensors.
22.2 This includes, but is not limited to:
a. trademarks;
b. logos;
c. product names;
d. branding;
e. graphics;
f. photographs;
g. videos;
h. educational content;
i. training material;
j. articles;
k. product descriptions;
l. website design;
m. software; and
n. databases.
22.3 Nothing contained on the Website grants any licence or right to use the Company’s intellectual property except as expressly permitted by law.
22.4 Users may not reproduce, distribute, modify, publish, sell or exploit Website content without the Company’s prior written consent.
23. TRADE MARKS
23.1 “BearBasix” and associated logos are trade marks or trading identifiers used by the Company.
23.2 Unauthorised use is prohibited.
24. PROHIBITED USE
Users may not:
a. use the Website unlawfully;
b. commit fraud;
c. upload malicious code;
d. interfere with Website security;
e. attempt unauthorised access;
f. scrape or harvest Website content;
g. impersonate another person;
h. interfere with other Users’ enjoyment of the Website;
i. distribute spam or unsolicited communications through the Website;
j. upload false or misleading information.
25. USER SUBMISSIONS
25.1 Any reviews, comments or content submitted by Users must be truthful, lawful and not infringe the rights of others.
25.2 The Company reserves the right to remove any content it considers unlawful, misleading, offensive or otherwise inappropriate.
25.3 By submitting content to the Website, Users grant the Company a non-exclusive, royalty-free licence to display, reproduce and publish such content for the purposes of operating and promoting the Website.
26. THIRD-PARTY LINKS
26.1 The Website may contain links to third-party websites.
26.2 Such links are provided for convenience only.
26.3 The Company does not control or endorse third-party websites and accepts no responsibility for their content, security or privacy practices.
27. ELECTRONIC COMMUNICATIONS
27.1 By using the Website, Users consent to receiving communications electronically.
27.2 Electronic communications satisfy any legal requirement that such communications be in writing.
27.3 Records generated electronically by the Company shall constitute prima facie evidence of communications and transactions unless proven otherwise.
28. DISCLAIMER OF WARRANTIES
28.1 The Website, Products and Services are provided on an “as available” and “as is” basis, subject to applicable law.
28.2 While the Company takes reasonable steps to maintain the accuracy and availability of the Website, it does not warrant that:
a. the Website will operate uninterrupted or error-free;
b. the Website will always be available;
c. the Website will be free from viruses or other harmful components;
d. all information published on the Website will always be current, complete or accurate.
28.3 Customers use the Website entirely at their own risk.
28.4 Nothing in these Terms excludes any warranty or guarantee that cannot lawfully be excluded under South African law.
29. HEALTH DISCLAIMER
29.1 Products sold by the Company are nutritional supplements and are not medicines unless specifically registered as such.
29.2 Information published on the Website is intended solely for general educational purposes.
29.3 The information published on the Website does not constitute:
a. medical advice;
b. diagnosis;
c. treatment;
d. pharmaceutical advice; or
e. professional healthcare advice.
29.4 Customers should consult an appropriately qualified healthcare professional before using any supplement if they:
a. are pregnant;
b. are breastfeeding;
c. have a medical condition;
d. are taking prescription medication;
e. have known allergies; or
f. are uncertain whether a Product is suitable for them.
29.5 Individual responses to supplements vary.
29.6 The Company does not guarantee specific health outcomes.
29.7 Customers remain responsible for ensuring Products are suitable for their own individual circumstances.
30. LIMITATION OF LIABILITY
30.1 Nothing contained in these Terms excludes liability where such exclusion would be unlawful.
30.2 To the fullest extent permitted by law, the Company shall not be liable for:
a. indirect damages;
b. consequential damages;
c. incidental damages;
d. loss of profits;
e. loss of business;
f. loss of income;
g. loss of goodwill;
h. loss of data;
i. business interruption;
j. delays caused by third parties.
30.3 The Company’s liability shall never extend beyond that permitted under applicable South African law.
30.4 Customers acknowledge that supplements should always be used in accordance with the manufacturer’s directions.
31. CUSTOMER RESPONSIBILITY
31.1 Customers are responsible for:
a. reading Product labels before use;
b. following dosage recommendations;
c. checking ingredient lists;
d. storing Products correctly;
e. keeping Products out of reach of children where appropriate;
f. discontinuing use should an adverse reaction occur.
31.2 The Company accepts no responsibility for misuse of Products contrary to their directions for use.
32. INDEMNITY
32.1 Users agree to indemnify and hold harmless the Company, its directors, employees, contractors and agents against any claims, losses, liabilities, costs, damages or expenses arising from:
a. breach of these Terms;
b. unlawful use of the Website;
c. misuse of Products;
d. infringement of third-party rights;
e. negligent or intentional misconduct by the User.
32.2 This clause applies only to the extent permitted by law.
33. FORCE MAJEURE
33.1 The Company shall not be liable for delays or failure to perform its obligations where caused by circumstances beyond its reasonable control.
33.2 Such circumstances include, but are not limited to:
a. natural disasters;
b. floods;
c. fires;
d. war;
e. civil unrest;
f. labour disputes;
g. pandemics;
h. government action;
i. internet failures;
j. telecommunications failures;
k. electricity interruptions;
l. courier delays;
m. supplier shortages.
33.3 Performance shall resume as soon as reasonably practicable.
34. PRIVACY
34.1 The Company processes personal information in accordance with its Privacy Policy.
34.2 Personal information is collected only where reasonably necessary to:
a. process Orders;
b. deliver Products;
c. communicate with Customers;
d. comply with legal obligations;
e. improve Website functionality;
f. protect the Company’s legitimate business interests.
34.3 The Company does not sell Customers’ personal information.
34.4 Further information is contained in the Privacy Policy.
35. SECURITY
35.1 The Company takes reasonable technical and organisational measures to safeguard personal information.
35.2 While reasonable security precautions are implemented, no internet-based system can be guaranteed completely secure.
35.3 Users remain responsible for maintaining the confidentiality of their account credentials.
36. THIRD-PARTY SERVICES
36.1 The Company may engage independent service providers for:
a. payment processing;
b. website hosting;
c. courier services;
d. email services;
e. cloud storage;
f. backup services;
g. website security;
h. analytics.
36.2 Such service providers receive only the information reasonably necessary to perform their services.
36.3 The Company requires service providers to process information in accordance with applicable law.
37. ELECTRONIC COMMUNICATIONS
37.1 By using the Website, Users consent to receiving communications electronically.
37.2 Electronic communications satisfy any legal requirement that communications be in writing.
37.3 Records generated by the Company’s electronic systems shall constitute prima facie evidence of transactions and communications.
38. GOVERNING LAW
38.1 These Terms shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.
38.2 Any dispute shall be subject to the jurisdiction of the competent courts of South Africa.
38.3 Nothing contained in these Terms limits any rights afforded to consumers under the Consumer Protection Act or any other applicable legislation.
39. ALTERNATIVE DISPUTE RESOLUTION
39.1 Before commencing formal legal proceedings, the parties should endeavour to resolve disputes through good faith negotiations.
39.2 Nothing contained herein prevents either party from exercising any statutory rights available under South African law.
40. INTELLECTUAL PROPERTY
40.1 Unless otherwise stated, all intellectual property rights appearing on the Website are owned by or licensed to the Company.
40.2 These rights include, but are not limited to:
a. the BearBasix name;
b. logos and branding;
c. product names;
d. product descriptions;
e. photographs;
f. graphics;
g. website design;
h. educational material;
i. blog articles;
j. downloadable guides;
k. training material;
l. videos;
m. documents;
n. databases; and
o. all other Website content.
40.3 No User acquires any ownership rights in the Company’s intellectual property through use of the Website.
40.4 Users may not, without the Company’s prior written consent:
a. reproduce;
b. publish;
c. distribute;
d. modify;
e. copy;
f. sell;
g. licence;
h. commercially exploit; or
i. create derivative works from any Website content.
40.5 Reasonable downloading or printing for personal, non-commercial use is permitted, provided all copyright and proprietary notices remain intact.
41. WEBSITE SECURITY
41.1 Users may not attempt to compromise the security of the Website.
41.2 Prohibited conduct includes, but is not limited to:
a. hacking;
b. password attacks;
c. denial-of-service attacks;
d. introducing malware;
e. automated scraping;
f. data harvesting;
g. reverse engineering Website functionality;
h. attempting to gain unauthorised access to any server, database or account.
41.3 The Company reserves the right to investigate suspected security incidents and to report unlawful conduct to the appropriate authorities.
42. SUSPENSION OR TERMINATION
42.1 The Company may suspend or terminate access to the Website where a User:
a. breaches these Terms;
b. commits fraud;
c. abuses the Website;
d. interferes with Website operations;
e. engages in unlawful conduct; or
f. acts in a manner that may prejudice the Company or other Users.
42.2 Suspension or termination shall not affect any rights or obligations accrued prior to such termination.
43. SEVERABILITY
43.1 If any provision of these Terms is declared invalid, unlawful or unenforceable by a court of competent jurisdiction, such provision shall, to the extent necessary, be severed from these Terms.
43.2 The remaining provisions shall remain valid and enforceable.
44. NO WAIVER
44.1 Failure by the Company to enforce any provision of these Terms shall not constitute a waiver of that provision or any other rights.
44.2 Any waiver shall only be valid if recorded in writing and signed by an authorised representative of the Company.
45. CESSION AND ASSIGNMENT
45.1 Users may not cede, assign or transfer any rights or obligations arising under these Terms without the Company’s prior written consent.
45.2 The Company may assign its rights and obligations where reasonably necessary in connection with its business operations.
46. ENTIRE AGREEMENT
46.1 These Terms, together with the Company’s:
- Privacy Policy;
- Cookie Policy;
- Disclaimer;
- Returns & Refunds Policy; and
- Shipping & Delivery Policy,
constitute the entire agreement between the Company and the User regarding access to and use of the Website and the purchase of Products.
46.2 No representation, undertaking or warranty not expressly contained in these documents shall be binding upon the Company unless required by law.
47. AMENDMENTS
47.1 The Company reserves the right to amend these Terms from time to time.
47.2 Updated versions will be published on the Website together with the revised effective date.
47.3 Continued use of the Website following publication of amended Terms constitutes acceptance of those amendments.
48. CONTACT DETAILS
Email: info@bearbasix.com
For legal notices or enquiries relating to these Terms, Users should contact the Company using the details above.
49. GOVERNING LEGISLATION
These Terms should be read together with all applicable South African legislation, including where relevant:
- Consumer Protection Act, 68 of 2008;
- Electronic Communications and Transactions Act, 25 of 2002;
- Protection of Personal Information Act, 4 of 2013;
- Promotion of Access to Information Act, 2 of 2000; and
- any other legislation applicable to the Company’s business operations.
50. DOCUMENT CONTROL
Effective Date: 4 July 2026
Document Owner: BearDen (Pty) Ltd
Review Frequency: As required or upon changes to applicable legislation, business operations or Website functionality.