TERMS & CONDITIONS
Introduction
1.1 This website (www.stormfox.mu), related mobile-sites, and software applications (hereinafter referred to as the ‘Website’) are owned and operated by Bangalow Ltd (hereinafter referred to as ‘us’, ‘we’, ‘our’, ‘Stormfox, ‘the Supplier’, and/or ‘Bangalow’).
1.2 The disclaimers, policies, and terms and conditions on this page (hereinafter referred to as ‘Terms’ and/or ‘Conditions’) shall govern the order, sale, and/or delivery of goods or services by Bangalow Ltd, as well as the use of this website by any customer or person (hereinafter referred to as ‘you’, ‘your’, ‘user’, ‘customer’).
1.3 Any personal information or data collected when using this website, whether through communication, purchase invoicing, customer inquiry, or in-store transactions (governed by these terms & conditions), shall be utilized for customer service, internal market research, or direct marketing by Bangalow Ltd, the exclusive agent for Stormfox products in Mauritius. This information shall not be shared with third parties except as necessary for customer service and delivery purposes. For more information on the use of personal data, please refer to our ‘User Data Policy’ available on our website.
1.4 The Terms apply to all users/customers/visitors of the stormfox.mu website or of any Bangalow store in Mauritius (regardless of whether such store may be owned by a third-party agent or franchisee).
1.5 By accessing and using this website, you accept and agree to be bound by and comply with the Terms and Conditions. If you do not agree to the Terms and Conditions contained herein, you are not authorized to access our website, use any of our website’s services, or place an order on our website.
Waiver
1.1 Any failure on Bangalow Ltd’s part to exercise or enforce any right or provision of any of our terms and conditions set out will not constitute a waiver of such right or provision. A waiver by Bangalow Ltd of any default will not constitute a waiver of any subsequent default. No waiver by Bangalow Ltd is effective unless it is communicated to you in writing.
Severability
4.2 If any of the provisions of our terms or conditions are determined by any competent authority to be invalid, unlawful, or unenforceable, such provision will, to that extent, be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.\
Variation
4.1 Bangalow Ltd may, at its sole discretion, change or amend any of these terms, conditions, or policies without notification, and it is the user’s responsibility to ensure that he or she is satisfied with the terms and any amendments that may have been affected.
4.2 Using the website after any amendments have been made shall deem your acceptance of such changes. Should you not agree with any of the terms or amendments made, you should not proceed to transact with us either in-store or on through this website.
Errors, Omissions, and Product Descriptions
4.2 While all reasonable effort is made to provide accurate information about products (including pricing, availability, features, and descriptions), we do not accept liability and shall not be held liable for any loss or claim as a result of such error or inaccuracy. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time, without prior notice, including after an order has been submitted, in which case, where the correction is significant, we will take all reasonable efforts to inform affected customers.
4.2 Product descriptions are for marketing purposes only and are presented in a simple easy-to-understand format. Product descriptions on this website are by no means exhaustive technical specifications. Some descriptive terms may be used in a broad sense or for specific purposes only.
Pricing & Stock
6.1 All prices advertised on our website includes VAT of 15%.
6.2 Prices published on the website apply to in-stock products only. In the event that a specific product is sold out, and a customer places an order or inquiry before a price, specification, or promotion could be updated, we will first inform the customer of any changes before processing the order. If the customer does not accept the changes, we reserve the right to cancel the order or any part thereof.
6.3 While the majority of items listed on this website are typically in stock in South Africa for shipping to Mauritius, there may be instances where certain items are temporarily unavailable or subject to a waiting period as they are being custom-made.
Delivery and Inspection of Goods
7.1 Prices advertised on this website shall include delivery charges, unless explicitly stated otherwise.
7.2 Orders will not be dispatched until payment has been successfully processed and cleared in our account.
7.3 Bangalow Ltd. receives regular shipments from its various suppliers, with typical delivery times for orders ranging between 8 and 15 weeks.
7.4 Delivery times may vary depending on factors such as order volume, product availability, and delivery location.
7.5 During peak seasons or periods of high demand, longer delivery periods may apply. We will make every effort to communicate any changes to delivery timelines promptly through our website or via our customer service team.
7.6 We do not offer a precisely timed delivery service due to potential delays en route. Deliveries are generally effected between 9:00am and 4:30pm, Monday through Friday, and 9:00am to 1:00pm on Saturdays.
7.7 While we strive to meet your expectations for delivery, please understand that unforeseen circumstances or logistical challenges may occasionally result in delays. Bangalow Ltd. shall not be held liable for any claims arising from losses or damages resulting from delayed delivery of any order or part of an order.
7.8 The Customer acknowledges that delivery of the purchased items is limited to locations within the mainland territory of Mauritius, excluding Rodrigues and other outer islands.
7.9 In the event where goods have been shipped out via third-party delivery service provider, and a reasonable number of delivery arrangements and/or attempts are proven to be unsuccessful due to the customer not responding, being unreachable, or not cooperating, goods will be returned to our warehouse, and the customer may be held liable for the return transport costs incurred.
7.10 Additional charges may apply depending on the delivery location, particularly for remote areas or premises that are difficult to access.
7.11 It shall be the customer’s responsibility to properly inspect delivered goods. If packaging shows visible damages, it is advised to make a clear note of such damages on the waybill when signing for the goods.
7.12 The number of packages/cartons/pieces as indicated on the waybill should be verified by the customer or their representative before signing receipt of the goods. Customers should never sign as having received more packages than what was delivered as this could jeopardize any claim the customer may have related to short delivery of goods ordered.
7.13 Delivery is only guaranteed to the delivery address supplied by the customer. Verification of the identity of the person receiving goods may not always be done by the transporter. Individuals accepting the goods at the delivery address on the date of delivery shall be considered authorized by the customer to receive delivery on their behalf and shall also be responsible for performing the duties of checking for damages or shortages as per clauses 7.11 and 7.12 above.
7.14 Any discrepancies, damages, shortages, or erroneous deliveries must be promptly reported to us within 48 hours from the time of delivery. Please notify us via email to ensure timely resolution.
7.15 Unless otherwise specified, delivery of orders shall be handled by contracted third-party delivery service providers. Delivery shall be made strictly on a ‘door-to-door’ basis. Delivery shall not include removing products from packaging, discarding packaging or any other special service required by the customer. Should the delivery service provider or any of its employees agree to any of these or other services other than delivering a packaged product to the door, this shall be strictly at the risk and cost of the customer, and Bangalow Ltd. does not take any responsibility for any damages, losses, or other claims resulting from these additional services.
Return Policy
8.1 In accordance with the Consumer Protection Bill (No. II of 2014) Sub-Part C – Right of Return 48, customers who have purchased goods from Bangalow Ltd. via the Cielo.mu site shall be entitled to return these goods within 3 working days from the delivery of such goods.
8.2 Customers shall only be entitled to exercise their right of return if the following conditions are met:
8.2.1 The goods have not been utilized.
8.2.2 The goods are in the same condition as when they were delivered.
8.3.3 Customers shall bear responsibility for any expenses related to the transportation of goods, encompassing but not confined to shipment costs originating from locations outside of Mauritius, such as South Africa.
8.4 Subsection (8.3) shall not apply if:
8.4.1 The customer has informed Bangalow, in writing, of their intention to exercise their right of return; and
8.4.2 Bangalow has not yet taken steps to deliver the goods.
8.5 Upon receipt of the returned goods meeting the conditions outlined in Section 2, Bangalow shall forthwith refund to the customer any payment made in connection with the goods.
8.6 This Returns Policy shall not apply to goods exempted under the provisions of the Consumer Protection Bill (No. II of 2014) or any other relevant legislation.
8.7 Customers must notify Bangalow of their intention to exercise their right of return in writing within the stipulated timeframe.
8.8 Bangalow reserves the right to exercise discretion regarding returns outside the specified timeframe or for goods not meeting the conditions outlined in clause 8.2 above.
8.9 Bangalow reserves the right to amend this Returns Policy at any time without prior notice. Any changes shall be effective immediately upon posting on Bangalow’s website or other communication channels.
8.10 By making a purchase from Bangalow, customers acknowledge and agree to abide by the terms and conditions outlined in this Returns Policy.
Special Sales and Promotions (Including Black Friday)
11.1 All sales and promotions are valid while stocks last and are subject to the availability of allocated stock.
11.2 Sales and promotions shall only be valid for the period as advertised.
11.3 No payment plans on sale items will be accepted. Payments must be made immediately via Credit Card or EFT to secure the stock. Processing an order on the website does not automatically reserve stock. Stock can only be reserved when payment has been received.
11.4 Unless otherwise stated, all prices includes delivery fees.
11.5 Delivery of orders shall be handled by contracted third-party couriers, and due to the logistical constraints specifically for Black Friday deals, may take longer than usual.
Images
11.1 All graphical images, including product photos, logos, banners, sound or video clips, trademarks, and trade names, layouts, icons, or copy text displayed or incorporated on this website, are the property of Bangalow Ltd, the exclusive agent for Stormfox products in Mauritius, or the brands, associates, suppliers, or service providers it represents and are protected by law. Any unauthorized use, reproduction, or distribution thereof is strictly prohibited and may only be done with the express written consent of Bangalow Ltd.
Governing Law
13. Any disputes arising out of or relating to the Terms and Conditions, use of our website, or our products or services offered on our website will be resolved in accordance with the laws of Mauritius. Any disputes, actions, or proceedings relating to the terms or your access to or use of our website must be brought before the courts of Mauritius in the city of Port Louis.
Country of Domicile
11.1 This website is governed by the laws of Mauritius, and Bangalow Ltd chooses its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, at H21 Home Scene Building, Healthscape, Forbach, Mauritius. Any disputes, actions, or proceedings relating to the terms or your access to or use of our website must be brought before the courts of Mauritius in the city of Port Louis, and you irrevocably consent to the exclusive jurisdiction and venue of such courts.
Company Information & Contact Details
15.1 This website is owned by and operated by Bangalow Ltd. Contact details: info@bangalow.mu.
Warranty
16.1 All Stormfox SUP boards are warranted to be free from any manufacturing defect for a period of 12 month from date of purchase.
16.2 This warranty covers the original owner only and may not be assigned. This warranty shall cover private recreational users only and not commercial users (rentals, training centres etc).
16.3 This warranty does not cover ordinary wear and tear or damages resulting from any misuse, alterations or modifications, incorrect storage (i.e storage in damp conditions such as wet board bags), collusions, flat landings, exposure to extreme temperatures.
16.4 Should an exchange be approved as part of a warranty claim and the exact model or board not be available, Stormfox reserves the right to exchange the customer with a board of similar specifications and value.