This website (www.balans.co.za) is owned and operated by Balans Health Store (Pty) Ltd (based in South Africa, trading as Balans Health with registration number 2016/104920/07, and Directors Jan Spoelstra and Bouke Spoelstra). This is a business in the health, organic and natural product industry and this website allows you to shop online for health products. Throughout the site, the terms “we”, “us” and “our” refer to Balans Health Store (Pty) Ltd. We offer this website, including all information, tools and services available from this site to you, the user, conditional upon your acceptance of all terms, conditions, policies and notices stated herein.
By visiting our site and/ or purchasing products from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, 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.
Any new features or tools which are added to the current store 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.
Our store is hosted by Seven Lemons Design Studio. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
2. ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of 18. If you are under the age of 18, you may not respond to or otherwise accept or act upon any offers on the website.
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).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of our Services.
3. GENERAL CONDITIONS
We reserve the right to refuse service to anyone, for any reason, at any time.
You understand that your content (not including card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit/debit/cheque card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion 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 by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
4. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
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 (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. You are encouraged to contact us to report any possible errors by way of email to or by phoning (051) 444 2268.
Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, images, pricing, promotions, offers, product shipping charges, transit times and availability.
- We reserve the right to correct any such errors, inaccuracies or omissions, and to change or update information.
- We reserve the right to cancel orders according to the cancellation terms, if any information 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 have been incorrect or outdated. In the case where you have already submitted payment, then you will be refunded accordingly.
We are not responsible for information made available on this site that is not accurate, complete or current. The material on this site 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 site is at your own risk.
We do not undertake to update, amend or clarify information on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on any related website should be taken to indicate that all information on any related website has been modified or updated.
This site may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
5. MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue any product or service (or any part or content thereof) without notice.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any product or service.
6. LIMITED AVAILABILITY
Certain products, services, or offers may be available exclusively in our physical shops and not on the website.
Please note that the stock of all items on offer is limited. We will make all reasonable attempts to ensure that product offers 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.
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 the sole discretion of us. We reserve the right to discontinue any product at any time.
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 actually takes place. We cannot be held responsible if the product(s) you added to your cart have become unavailable when you try to complete the sale.
The price of each product is given on the site. Online prices and store prices are identical. Balans Health Store (Pty) Ltd is registered for VAT and prices reflected on this website are inclusive of VAT.
The price reflected on the site is the regular retail price that Balans Health charges for the product.
When Balans Health has a sale, or is running a promotion on specific products on the site the discounted price as well as the regular retail price will be shown on the site.
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 site are correct at the time of your purchase. If the product is offered at an erroneous price, Balans Health will not be obliged to supply the said product at the incorrect price.
Payment may be made via Visa, MasterCard credit/debit/cheque cards and EFT.
Credit/debit/cheque card acquiring and security
All online card payments are processed by the Payfast Internet Payment Gateway. Card Holders may go to www.payfast.co.za to view Payfast’s security and fraud policies. (https://www.payfast.co.za/security-fraud).
Merchant Outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is the South African Rand (ZAR).
We take responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
9. ACCURACY OF BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit/debit/cheque card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
10. OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control over nor input in.
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.
Any use by you of optional tools offered through the site 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).
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
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site 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 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.
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
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.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree 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 defamatory 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
We reserve the right to refuse processing of payment for any order and/or to cancel any purchase, partially 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.
We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit/debit/cheque card, and/or orders that use the same billing and/or shipping address. In the event that 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.
We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors.
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.
NOTE: Balans Health will indicate the acceptance of your order by delivering the goods to you or allowing you to collect them, the sale between Balans Health and you will only become an agreement of sale, at this point. This is regardless of any communication from Balans Health stating that your order or payment has been confirmed. Balans Health will notify you, as soon as possible should your order be rejected. Balans Health will refund the original amount paid by you.
Please contact to request and/or discuss our returns policy.
16. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site 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, 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 the Service or any related website for violating any of the prohibited uses.
17. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
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.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, error-free or free of latent defects, malicious software or infringing content.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
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.
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.
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. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless the website owner, our parent company, 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.
19. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
All rights, title, interest, and ownership (including all rights under all copyright, patent, and other intellectual property law) in, to, or of this website are our sole property or will vest in us as a third party licensor.
Our logos, images, marks, trade names, and source codes are our trademarks and no person may use them without our permission. The web site owner asserts and reserves all its rights, including moral rights, in this regard. Any other trademark or trade name that appears on our marketing material is the property of its respective owner.
We grant to users a personal, non-exclusive, non-assignable, and non-transferable license to use, print and display all content and information on any machine of which the user is the primary user for non-commercial purposes only.
In the event that 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.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole discretion you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
22. ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and govern your use of the Service, 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).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
23. GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of South Africa.
Only the South African courts may decide any disputes about the terms. When using this site and agreeing to the terms of Service such use and agreement is deemed to have taken place in Cape Town, South Africa.
In the event of any dispute arising between you and us, 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.
Nothing in this clause or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
You may not use this website in violation of South African export law and regulations. If you access this website from locations outside of South Africa, you are responsible for compliance with all local laws.
24. CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time.
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. CONTACT INFORMATION
For questions about the Terms of Service please contact Customer Service:
Telephone: (051) 444 2268