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Terms & Conditions

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Terms and Conditions

Effective Date: 1 November 2024
Welcome to balanball!

These Terms and Conditions outline the rules and regulations for using the balanball website and purchasing balanball products. By accessing or using this website, you agree to comply with these Terms and Conditions. If you disagree in part or fully, please refrain from using our website.

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DISCLAIMER

  • You should be in good physical condition and able to maintain a seated position on balanball. 

  • If you engage in this activity or any of the associated exercises, you agree that you do so at your own risk and you participate voluntarily and assume all risk of injury for yourself. 

  • The information provided is not intended to be a substitute for professional medical advice, diagnosis, or treatment. 

  • If in any doubt, please consult your health care professional (Doctor; Physiotherapist; Biokineticist or Occupational Therapist) BEFORE embarking on your balanball experience.

  • You should incorporate your balanball substitution with your usual seating at a pace that feels comfortable for you. 

  • Results may vary and depend on many factors, including your health, fitness, and motivation. 

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1. General Information

 

2. Eligibility

2.1 General Requirements

To access and use the balanball website or to purchase balanball products, you must:

  • Be 18 years of age or older. 

  • Have the consent of a parent or legal guardian if you are under the age of 18.

  • Be legally capable to enter a binding contract.

    1. Accuracy of Information

By using the balanball website, you agree to provide accurate, complete, and up-to-date personal information during the registration, purchase, or any other interaction requiring your personal information. This includes but is not limited to:

  • Valid email address; shipping address; payment details.

  • Ensuring that all data entered is both accurate and true.  

Failure to provide accurate information may result in order processing delays, cancellations, or the suspension of your account.

2.3 Account Security (If Applicable)

By creating an account on the balanball website:

  • You are responsible for maintaining the confidentiality of your account details, including your username and password.

  • You agree to notify balanball immediately at info@balanball.com if you suspect unauthorized access to your account.

  • balanball reserves the right to suspend or terminate accounts deemed to be compromised, misused, or in violation of these Terms and Conditions.

2.4 Prohibited Users

You may not access or use the balanball website or purchase balanball products if:

  • You reside in a country or region where our products are prohibited by law.

  • You are using the balanball website or products for illegal purposes, including resale without authorization.

  • You are acting on behalf of a competitor or for the purpose of conducting unauthorized research, reverse engineering, or infringing upon the balanball intellectual property.

2.5 Right to Refuse Service

balanball reserves the right to refuse service, suspend accounts, or cancel orders at our sole discretion if you are deemed to have violated any part of these Terms and Conditions, provide false information, or engage in fraudulent activity.

 

3. Product Use

3.1 Intended Use

balanball is designed to enhance posture, balance and core engagement when used as an alternative seat (or fitness apparatus). balanball is suitable for use in the workplace, home office, classroom, and fitness environment.

3.2 Proper Use

To ensure the safe and effective use of balanball, please adhere to these guidelines:

  • Setup: Place the balanball on a stable, non-slip surface. Ensure the surrounding area is clear of obstacles.

  • Positioning: Sit on the ball with your feet flat on the floor, and your back upright.

  • Time Management: Gradually increase the time spent on balanball to allow your body and muscles to adapt. Prolonged use without proper conditioning may cause discomfort.

  • Weight Limit: Do not exceed the maximum weight capacity of 150kg as specified in Product Information.

3.3 Safety Precautions

  • Medical Conditions: If you have any pre-existing medical conditions or injuries, consult a healthcare professional before using your balanball.

  • Children: Children on a balanball MUST be supervised by an adult. balanball is not a toy.

  • Maintenance: Regularly inspect your balanball for wear and tear, including punctures or fabric damage. Do not sit on a damaged balanball.

3.4 Limitations of Use

balanball is intended for general wellness and fitness purposes. balanball is not medical device and should not be used:

  • As a replacement for prescribed physical therapy or rehabilitation without prior consultation with a Doctor/Physiotherapist/Biokineticist/Occupational Therapist..

  • For jumping and vigorous bouncing.

  • On uneven or slippery surfaces.

3.5 Assumption of Risk

You acknowledge and agree that:

  • Use of a balanball is at your own risk.

  • Improper use of a balanball may result in personal injury or damage.

  • balanball is not liable for any personal injury, damages, or other losses arising from incorrect or unintended use of a balanball.

3.6 Disclaimer of Results

balanball is designed to enhance posture, core strength, and balance.  Individual results may however vary, and although regular use of your balanball, in conjunction with appropriate exercises (as prescribed by a healthcare practitioner) may contribute to these benefits, no specific outcomes are guaranteed.

3.7 User Responsibility

It is the user's responsibility to:

  • Follow all balanball instructions and safety precautions provided in the product disclaimer.

  • Discontinue use in the event of discomfort, pain, or injury, and refer to a healthcare practitioner, if necessary.

  • Ensure your balanball is kept clean and safe for use.

 

4. Orders and Payments

4.1 Placing an Order

  • Order Approval: An order on the balanball website, is effectively an offer to purchase a balanball in accordance with these Terms and Conditions. All orders are subject to approval by balanball (Pty) Ltd, and we reserve the right to refuse or cancel any order for any reason at our sole discretion.

  • Order Confirmation: A system-generated confirmation of order email will be released on receipt of all orders. This email does not constitute acceptance of the order; it is acknowledgment of receipt, only.

  • Order Acceptance: A contract between the buyer and balanball is executed only when the order is accepted, and a shipping confirmation email is generated. 

4.2 Product Availability

  • Stock Limitations: All purchases are subject to availability.  balanball reserves the right to limit the number of items purchased per account per order placed.

  • Back-orders: In the event an item is out of stock, balanball reserves the right to offer the option for back-ordering. The buyer will be informed of the anticipated availability date and may opt to proceed with or cancel the order.

  • Cancellation: In the event a balanball order cannot be fulfilled after the order has been accepted, we reserve the right to cancel the order. The customer will be offered either a full refund or a credit, pending stock availability.

4.3 Pricing

  • Currency: All prices are listed in South African Rand and include applicable taxes unless stated otherwise.

  • Price Fluctuation: Prices are subject to change without notice.  The price listed at the time of order will be honoured.

  • Errors: While we strive for accuracy, pricing or typographical errors may occur. In the unlikely event of an error in the price of your order, you will be notified and given the option to proceed with the corrected price and pay the difference before shipping or cancel the order for a full refund.

4.4 Payment

  • Accepted Methods: We accept payments through debit and credit card (VISA and Mastercard) as well as Electronic Funds Transfers.

  • Authorization: By submitting payment information, you authorize balanball to charge the full amount of your purchase, including shipping fees.

  • Payment Security: All payment transactions are processed through secure, encrypted payment gateways to protect your personal and financial information.

4.5 Taxes and Duties

  • Taxes: The total cost of your order will include the applicable South African sales tax (VAT). 

  • Duties and Customs: Orders from outside South Africa, may be subject to sales tax, import duties, and customs fees as applicable in the order destination country.  These costs are NOT INCLUDED in the balanball prices.  It is the purchaser’s responsibility to determined these obligations at the applicable destination customs office.

4.6 Changes and Cancellations

  • Order Modifications: Once an order is placed, changes are not guaranteed. If a change to the order is required, please contact us at support@balanball.com as soon as possible.  If the order has already shipped, additional charges as relevant, may be levied on the purchaser.

  • Order Cancellations: An order may be cancelled before it has been shipped, for a full refund of the purchase price. If the order has already shipped, please follow our return policy to process a refund. Order cancellations are subject to administration charges of 15% of your order value.

4.7 Fraud Prevention

  • Verification: To protect against fraud, balanball reserves the right to verify your payment details and identity before processing your order.

  • Refusal of Payment: If we suspect unauthorized or fraudulent activity, we may refuse to process your payment or cancel your order​

 

5. Refunds and Disputes

See Returns and Refund Policy.

 

6..Shipping and Delivery

6.1 Shipping Areas

  • Domestic Shipping: We ship to all addresses within the Republic of South Africa.

  • International Shipping: We will ship to selected international destinations. Please note international shipments may be subject to additional taxes and customs duties, which are not included in the balanball prices and remain the responsibility of the purchaser.

6.2 Shipping Methods and Costs

  • Options:  balanball offers door to door courier delivery.  Shipping costs are calculated at checkout.

6.3 Processing Time

  • Order Processing: Orders are typically processed and shipped within 3-5 business days from payment confirmation.

  • Exceptions: Processing times may be impacted during peak seasons, holidays, or sales events. You will be notified if there is a significant delay in the processing of your order.

6.4 Delivery Timeframes

  • Estimated Delivery: Delivery times vary based on your location and the shipping method selected:

    • Standard Shipping: 3-7 business days.

    • International Shipping: 7-21 business days.

  • Delays: balanball is not responsible for delivery delays caused by shipping companies, customs processes, weather conditions, or other unforeseen circumstances.

6.5 Order Tracking

  • Once an order has shipped, a confirmation email with tracking information will be sent to the purchaser. This information may be used to monitor the status of the shipment. If you do not receive a tracking email, please contact us at support@balanball.com

6.6 Shipping Restrictions

  • balanball cannot ship to P.O. boxes, APO/FPO addresses, or certain restricted regions. If the order address falls into a restricted category, the purchaser will be notified to make alternate arrangements.

  • Hazardous weather conditions, holidays, or other disruptions may temporarily prevent delivery to certain areas.

6.7 Lost or Damaged Shipments

  • Lost Packages: If the shipment is lost in transit, please contact us at support@balanball.com within 7 days of the expected delivery date. balanball will attempt to locate the package and/or provide a resolution.

  • Damaged Packages: If the shipment arrives damaged, please document the damage with photos and contact us immediately at support@balanball.com. Retain all packaging materials for potential claims with the carrier.

6.8 Incorrect or Undeliverable Addresses

  • Address Accuracy: It is the purchaser’s responsibility to provide accurate and complete shipping information at checkout. balanball will not be held responsible for packages lost or delayed due to incorrect or incomplete addresses.

  • Returned Packages: If a package is returned to balanball as undeliverable due to an incorrect address or failure to pick up, the purchaser will be notified and given the option of reshipping at an additional cost.

6.9 International Orders

  • Customs and Import Duties: International shipments may be subject to customs duties, taxes, or fees, which are not included in the purchase price or shipping cost. These charges are the purchaser’s responsibility and can be determined by the purchaser with local customs authorities.

  • Delays: Customs clearance may delay receipt of the package. balanball is not responsible for delays or additional charges incurred during customs processing.

6.10 Changes to Shipping Information

Purchasers are required to contact balanball at support@balanball.com if a change to shipping address or delivery preference is required after placing an order. Changes cannot be guaranteed if the order has already been processed or shipped.

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7. Warranty

7.1 Warranty Coverage

balanball offers a 12-month warranty against defects in materials and workmanship under normal use. During the warranty period, we will repair, replace, or refund defective products at our sole discretion, subject to the conditions outlined below.

7.2 What is Covered

This warranty covers:

  • Manufacturing defects, such as weak seams, faulty fabric, or air leaks not caused by user error.

7.3 What is Not Covered

This warranty does not cover:

  • Normal wear and tear, including surface scuffs, discoloration, or fabric pilling.

  • Damage caused by improper use, such as overinflation, exceeding the weight limit, or using the product on sharp or uneven surfaces.

  • Accidental damage, including punctures, cuts, or tears resulting from misuse or negligence.

  • Alterations or modifications to the product made by the user.

  • Issues arising from improper storage, such as exposure to extreme temperatures, moisture, or direct sunlight. Please note that the air in a balanball will expand if it is left in direct sunlight for protracted periods. This expansion could cause damage to the inner and/or cover.

  • Products purchased from unauthorized sellers or third-party marketplaces.

7.4 Warranty Claim Process

Initiate a warranty claim as follows:

  • Contact Us: Email support@balanball.com with a description of the claim, photos or videos of the defect and your proof of purchase.

  • Evaluation: We will review your claim and may request additional information for verification.

  • Resolution: If the claim is upheld, balanball will offer a resolution, which may include repair, replacement, or a refund, at our discretion.

  • Return Shipping: If required, we may request that the defective product is returned to balanball. If the claim is approved, balanball will arrange the return shipping of the product at its cost.

7.5 Replacement Products

  • Any replacement product provided under warranty will be covered for the remainder of the original warranty period or 90 days, whichever is longer.

  • Replacement products may be identical to the original or a similar product of equal value if the original is no longer available.

7.6 Limitations of Liability

  • This warranty is limited to the original purchaser and is non-transferable.

  • The balanball liability is limited to the repair, replacement, or refund of the defective product.

  • Under no circumstances shall balanball be liable for incidental, consequential, or indirect damages, including but not limited to personal injury, property damage, or financial loss resulting from the use of our products.

 

8. Limitation of Liability

8.1 General Liability Disclaimer

To the fullest extent permitted by law, balanball and its affiliates, officers/directors, employees, agents, partners, suppliers, and licensors shall not be held liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising out of or related to the use of or inability to use the balanball website, products, or services, even if advised of the possibility of such damages.

8.2 Scope of Limitation

This limitation of liability applies to all types of damages or loss including but not limited to:

  • Loss of profits, revenue, or business opportunities.

  • Loss or corruption of data or information.

  • Personal injury or property damage caused by the use or misuse of the balanball products.

  • Costs incurred for substitute goods or services.

  • Downtime, delays, or failure to deliver as promised.

8.3 Product-Specific Limitations

balanball is designed for general fitness and wellness purposes and is not a medical device. balanball makes no guarantees regarding specific health outcomes or improvements in posture, balance, or strength. Users are responsible for:

  • Ensuring they are medically fit to use balanball products.

  • Adhering to all safety guidelines and instructions provided.

8.4 No Guarantee of Website Functionality

We make no guarantee that our website will be available without interruption, free from errors, or secure at all times. balanball shall not be liable for:

  • Technical issues, including website outages, data breaches, or malware.

  • Inaccuracies in product descriptions, pricing, or availability caused by typographical errors or technical problems.

8.5 Third-Party Liability

balanball is not responsible for damages arising from the actions or omissions of third parties, including but not limited to:

  • Shipping carriers, payment processors, or external vendors.

  • Links to third-party websites or content accessed through our website.

8.6 Limitation of Remedies

The sole and exclusive remedy for any claim related to the website, products, or services is limited to the amount paid for the balanball product.

8.7 Assumption of Risk

By using a balanball product, you acknowledge and accept that there are inherent risks involved. This includes but is not limited to risks associated with physical activity, balance exercises, and improper use. The purchaser assumes full responsibility for any injuries or damages resulting from such risks.

8.8 Indemnification

The purchaser agrees to indemnify and hold harmless balanball and its affiliates from any claims, liabilities, damages, or expenses (including legal fees) arising from the use of our website or products, violation of these Terms, or infringement of any third-party rights.

 

9. Intellectual Property

9.1 Ownership

All content, materials, and intellectual property displayed on or accessible through the balanball website, including but not limited to text, graphics, images, videos, logos, designs, icons, product descriptions, software, and other materials (collectively, the “Content”), are the exclusive property of balanball (Pty) Ltd or its licensors. This includes all copyrights, trademarks, trade dress, patents, trade secrets, and other proprietary rights protected under applicable laws.

9.2 Limited Permission

You are granted a limited, non-exclusive, non-transferable permission to access and use the balanball website and its Content for personal, non-commercial purposes only. This license does not grant any ownership of the Content and is subject to the following restrictions:

  • You may not copy, reproduce, modify, distribute, transmit, publicly display, or perform any Content without prior written permission from balanball.

  • You may not use our Content for commercial purposes or to create derivative works.

  • Any unauthorized use of our Content is a violation of these Terms and applicable intellectual property laws.

9.3 Trademarks

The balanball name, logo, and any other trademarks or service marks displayed on the website and product are the property of balanball (Pty) Ltd. You may not use our trademarks without express written permission. This includes but is not limited to use in advertising, promotions, or products that may cause confusion among customers or disparage or misrepresent balanball.

9.4 User Submissions

If you submit any ideas, suggestions, feedback, or other materials to us (collectively, “Submissions”), you agree that:

  • Submissions become the property of balanball upon submission.

  • balanball is not obligated to compensate you for Submissions.

  • balanball may use, modify, publish, or redistribute Submissions for any purpose without restriction or prior notice.

9.5 Violations and Reporting

If you believe that your intellectual property rights have been infringed upon by our website or any third party, please contact us at support@balanball.com with detailed information regarding the alleged infringement. We will investigate the matter and take appropriate action, including removing infringing content where applicable.

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10. Changes to Terms and Conditions

10.1 Right to Modify

balanball reserves the right to update, amend, or modify these Terms and Conditions at any time, without prior notice, to reflect changes in our business practices, legal requirements, or other circumstances. Any changes will become effective immediately upon posting to our website, unless otherwise specified.

10.2 Notification of Changes

balanball will make reasonable efforts to notify users of significant changes to these Terms and Conditions, such as through prominent announcements on our website or by sending notifications to registered users via email. It remains the responsibility of users to review this page periodically for updates.

10.3 Continued Use of the Website

Continued use of our website, products, or services following the posting of revised Terms and Conditions constitutes acceptance of the updated terms.

10.4 Historical Terms

Previous versions of these Terms and Conditions will be archived for reference. If you would like to view prior versions, you can contact us at support@balanball.com.

10.5 Scope of Changes

Changes to these Terms and Conditions may include but are not limited to:

  • Updates to policies, such as shipping, returns, or warranty.

  • Modifications to payment methods, pricing, or product availability.

  • Changes to legal or regulatory compliance requirements.

10.6 User Rights and Queries

If you have questions or concerns about any updates to these Terms and Conditions, please contact us at:

 

11. Governing Law

11.1 Applicable Law

These Terms and Conditions, along with any other policies or agreements referenced herein, shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law principles.

11.2 Dispute Resolution

In the event of any dispute, controversy, or claim arising out of or relating to these Terms and Conditions, including any breach, termination, or invalidity thereof, both parties agree to resolve the matter through the following process:

  • Negotiation: We encourage you to first contact balanball directly via email – info@balanball.com - to attempt to resolve any disputes amicably.

  • Mediation or Arbitration: If the dispute cannot be resolved through direct negotiation, you agree to submit the dispute to mediation/arbitration in accordance with the rules of South African Arbitration Association in Johannesburg, South Africa.

  • Court Proceedings: If mediation or arbitration is unsuccessful, either party may seek resolution in the courts of the Republic of South Africa, and you consent to the exclusive jurisdiction of the courts located within South Africa.

11.3 Jurisdiction and Venue

Any legal action or proceeding arising out of or related to these Terms and Conditions will be brought or addressed exclusively in the courts located within the Republic of South Africa, and you agree to submit to the personal jurisdiction of such courts. You waive any objections to venue or jurisdiction in such courts.

11.4 Enforcement of Rights

Failure by either party to enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms and Conditions will be effective only if reduced in writing and signed by both parties.

11.5 International Users

If you are accessing our website from outside the Republic of South Africa, please be aware that any dispute resolution or legal proceedings will be subject to the jurisdiction and laws of the Republic of South Africa. You agree to comply with all local laws and regulations that may apply when using our website or purchasing our products.

11.6 Legal Fees

In the event of a legal dispute or action to enforce these Terms and Conditions, the prevailing party shall be entitled to recover reasonable attorney's fees, court costs, and any other associated expenses from the other party.

 

12. Contact Information

12.1 Customer Service

If you have any questions, concerns, or feedback regarding our products, services, or these Terms and Conditions, please feel free to reach out to our customer service team. We strive to provide timely and helpful assistance.

  • Email: info@balanball.com

    • Our customer support team is available Monday through Friday, 09:00 – 15:00

12.2 Business Enquiries

For business-related enquiries, including partnerships, wholesale opportunities, or other professional matters, please contact:

12.3 Product Support

For assistance with a warranty claims, returns, or troubleshooting, please contact our product support team:

  • Email: info@balanball.com

  • Hours of Operation: Monday to Friday, 09:00 – 15:00

  • Emails will be answered within 24 hours if received on a business day (Mon – Fri) or by close of business on the following business day if received on the weekend.

12.4 Feedback and Suggestions

balanball values your feedback. If you have suggestions or comments about your experience with balanball, we encourage you to reach out to us:

12.5 Social Media

Additional balanball channels of communication include:

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