This General Terms and Conditions (the "Agreement") is an agreement between you and BKB Limited (“BKB”) when you use the BKB Online platform ( “The Platform”), placing bids, listing lots, purchasing goods or otherwise using the Platform you agree to be bound by these Terms and Conditions.
These General Terms and Conditions (“the Agreement”) is an agreement between you and BKB Limited (registration number and company details provided on the Platform). These Terms govern your access to and use of the Platform, including website(s), mobile applications, APIs, auction fixtures, fixed price listings and associated services (collectively known as “The Platform”), and the sale, purchase or transfer of semen.
Use of the Platform constitutes your acknowledgment that you have read, understood and agree to be bound by the Terms, Conditions and Policy posted on the Platform. If you do not agree with any provision please refrain from making use of the Platform.
For the purposes of these Terms and Conditions;
“BKB” or “we” or “us”: BKB Limited, operator of the Platform.
“Platform”: BKB Online Platform, website, mobile app, auction systems, and related services.
“Seller” : any Breeder, agent or entity listing semen on the Platform for sale.
“Buyer” : any registered user purchasing listed products through the Platform.
“User” : any person browsing, registering, buying or selling on the Platform.
“Lot” : a semen unit, straw, batch or grouped set of semen straws listed for sale.
“Event” : any auction, sale, fixed price listing, click to buy sale, or other sales mechanisms on the Platform.
“Delivery” : the physical handover of semen to a courier or to a Buyer’s nominated storage facility or custodian, as agreed between Buyer and the Seller.
“Transfer of ownership” : the moment ownership is contractually transferred from Seller to Buyer.
These Terms and Conditions are governed by, and must be interpreted in accordance with South African law, including but not limited to:
The Consumer Protection Act 68 of 2008 (“the CPA”);
The Electronic Communications and Transactions Act 25 of 2002 (“the ECTA”);
The Protection of Personal Information Act 4 of 2013 (“POPIA”);
Common law contract principles and any other relevant regulatory instruments.
To the extent any terms of these Terms is inconsistent with a mandatory provision of the CPA or another statute, that statutory provision will prevail. In particular, Users should note that certain consumer rights and implied warranties cannot be lawfully excluded where the CPA applies.
BKB acts solely as a digital marketplace, intermediary and agent facilitating introductions, listings, auctions and payments between Seller and Buyer. BKB is not the owner of semen listed on the Platform unless expressly stated in writing. The contract of sale of any Lot is concluded directly between the Seller and Buyer. BKB does not act as a principal seller except where explicitly described.
BKB does not guarantee warrant or represent any of the semen statistics stated by a Seller, including but not limited to:
Any statements are representations of the Seller only and Buyers rely on Seller representations (and any independent vet/testing at their own risk). BKB expressly disclaims any liability for the accuracy of Seller-provided semen stats, gender accuracy or cold chain integrity.
BKB is not responsible for and shall have no liability in respect of any storage, handling, refrigeration, transport, laboratory handling, mounting, insemination technique, courier services, veterinary services or related logistics costs or losses unless otherwise agreed in writing between the Buyer and BKB, Sellers and Buyers must make their own arrangements for storage and transport.
Users must be at least 18 years of age and legally competent to contract under South African Law to register and make use of the Platform.
All information provided when registering must be accurate, complete and kept up to date. You are responsible for any activity performed under your account.
Safeguard login details and immediately notify BKB of any unauthorized access. You are solely responsible for any authorised or unauthorised access to your account by any person. You agree to bare all responsibility for the confidentiality of your email address and password and all use or charges incurred from use of the Platform with your password. You agree to notify us promptly of any unauthorised use of your password and you will remain liable for any use of the Platform until you notify us.
BKB may verify identity, breeding credentials, veterinary approvals, export/import permits, or other documentation from Sellers or Buyers before permitting listings or transfers.
BKB reserves the right to approve, suspend, restrict or terminate any account or registration at its discretion, including in cases of suspected fraud, illegal activity, non-compliance with law or breach of these Terms.
Sellers warrant that all semen listings comply with applicable South African veterinary, breeding, import/export and biosecurity rules; breed society rules (where applicable): and all relevant permits have been obtained.
Sellers warrant that they have the legal right to sell semen and that all pedigree, genetic, health, testing and storage information supplied in relation to a Lot is true, accurate and complete to the Sellers knowledge at the time of listing.
If a Lot is represented as “sexed”, “female”, “male” or similar, the Seller must disclose the sexing method used and any supporting test certificates. BKB does not verify gender accuracy and disclaims liability for errors in gender classification.
Sellers should retain supporting laboratory documentation for inspection.
Sellers may indicate that a Lot is being sold voetstoots (sold as is). However, the Seller acknowledges that such clause shall be interpreted and limited by the CPA and applicable South African Law. The CPA creates statutory implied warranties and rights for consumers (including the implied warranty of quality) which cannot in all cases be excluded. Buyers retain statutory rights in addition to any expressed warranties.
The Platform supports both auctions and fixed price listings. Bidders and Buyers must read the event listing terms carefully before participating.
All bids and purchases made through the platform are legally binding once placed/confirmed. Bids cannot be withdrawn except where expressly permitted by the Event rules. The highest valid bid at the end of an auction or an accepted fixed price purchase constitutes a binding sale between Buyer and Seller.
BKB may cancel, suspend or rerun any Event in circumstances including suspected fraud, technical failure, force majeure, breach of Event rules, or where required by law. BKB will take reasonable steps to notify registered bidders/Buyers of cancellations.
Sellers may set reserve prices, minimums or buy now prices. The Event page will state whether a Lot is subject to a reserve. If a reserve is not met, the Seller may accept the highest bid or re-list the Lot.
Platform fees and any Seller commission will be disclosed before bidding or purchase and may be deducted from proceeds or invoiced separately.
By placing an order through the online platforms, you authorise BKB to debit the total amount payable from your selected payment card upon checkout. All transactions are processed through secure and compliant payment gateways.
Authorisation is required before any order will be confirmed or dispatched. In the event that card authorisation is unsuccessful, the order will not be processed. BKB reserves the right to cancel any transaction.
BKB may charge platform fees, listing fees, transaction fees or success commission as disclosed on the Platform. BKB may act as payment agent for the transaction but does not assume Seller obligations as explicitly stated.
Payment may be made via Visa, MasterCard and EFT.
Card transactions will be acquired for BKB via PayGate (Pty) the approved payment gateway for South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to Paygate's website to view their security certificate and security policy.
Customer details will be stored by BKB separately from card details which are entered by the client on PayGate's secure site.
Ownership is transferred from Seller to Buyer only upon:
Risk in the Lot (including temperature exposure, degradation, handling damage or loss) passes in accordance with the transfer arrangements between Buyer and the Seller. Unless otherwise expressly agreed, risk passes on handover to the Buyers nominated carrier or the Buyers nominated custodian.
BKB is not the storage custodian or transport carrier and assumes no liability for storage, cold chain breaches, transport delays or costs associated with storage, handling, delivery or shipping.
Any logistic arrangements are between the Buyer and the Seller and BKB shall not be held responsible unless BKB has expressly and in writing accepted such responsibility.
This website is governed by the laws of South Africa and BKB chooses as 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.
BKB may, in its sole discretion, change this agreement or any part thereof at any time without notice.
Our online store is hosted on PayFast, a South African payment and e-commerce solutions provider. PayFast enables secure online transactions and facilitates the sale of our products and services to you via our platform.
Company Physical Address: BKB Head Office, 61 Grahamstown Road, North End, Port Elizabeth, 6001
Email: bkb@bkb.co.za
Telephone: +27 41 503 3091
Please review our Privacy Policy, which also governs your visit to the Platform and use of our service, to understand our practices.
You acknowledge and agree that your use of the Platform and the internet is at your own discretion and risk. While BKB makes reasonable efforts to ensure the accuracy and availability of the Platform and services, all content, information, and services provided are made on an “as is” and “as available” basis.
To the extent permitted by applicable law, BKB does not make any representations or warranties, express or implied, including but not limited to warranties or merchantability or fitness for a particular purpose, except as expressly set out in the Consumer Protection Act, 68 of 2008.
BKB does not warrant that the Platform will always be available, uninterrupted, secure, or free of errors, viruses or other harmful components. However, nothing in this clause shall be interpreted to exclude any statutory warranties or obligations that cannot be lawfully excluded under the Consumer Protection Act 68 of 2008.
To the fullest extent permitted by applicable law, BKB and its directors, employees, shareholders, affiliates, agents, representatives, joint venture partners, independent contractors, service providers, and licensors (“Parties”) shall not be liable for any indirect, incidental, special or consequential damages arising out of your use of the service platform, including but not limited to loss of data, income, profit, livestock or reproductive outcomes.
Notwithstanding the above, nothing in these Terms limits or excludes BKB liability for death, personal injury or damaged goods caused by gross negligence, wilful misconduct, or where otherwise prohibited in terms of the Consumer Protection Act, 68 of 2008.
BKB liability from any claim arising out of the supply of goods shall be limited, where appropriate, to either (i) replacing goods; (ii) repairing the goods; (iii) refunding the amount paid by the consumer in terms of the Consumer Protection Act, 68 of 2008.
The material in the Platform is provided for lawful purposes only. BKB operates this Platform for use in specific jurisdictions where it provides its services and makes no representation that these materials are appropriate or available for use in other locations. If you use the Platform from other locations, you are responsible for compliance with applicable local laws. Price and availability information is subject to change without notice and may vary geographically.
To the extent permitted by applicable law, you agree to indemnify and hold harmless BKB and its directors, employees, affiliates’, agents and representatives (“Parties”) against any reasonable costs, claims, damages, and legal expenses arising directly from your unlawful use of the platform or any breach of these terms by you.
This indemnity shall not apply where such claims or damages arise from BKB’s own negligence, gross negligence, wilful misconduct or any act of omission in contravention of the Consumer Protection Act, 68 of 2008.
This clause is subject to Section 48 and 49 of the CPA and nothing herein shall limit any rights or remedies available to consumer under applicable South African law.
In the event of any dispute , controversy, or claim arising out of or relating to these Terms, the Platform or our services , you are entitled, in terms of the Consumer Protection Act 68 of 2008 “CPA”, to refer such dispute to the relevant Ombudsman with jurisdiction, including but not limited to the Consumer Goods and Services Ombudsman (CGSO), before pursuing alternative forms of dispute resolution. You may also escalate unresolved issues to the National Consumer Commission (NCC) or the applicable consumer court.
This clause does not limit any statutory rights you may have under the CPA or other applicable laws, and does not preclude you from seeking interim relief from a competent court.
Notwithstanding the above, either party retains the right to bring an individual claim before a consumer court or small claims court, where applicable. This clause does not preclude you from exercising any right to lodge a complaint with an Ombudsman, refer a matter to the National Consumer Commission (NCC), or approach any relevant regulatory or dispute resolution body in accordance with the Consumer Protection Act, 68 of 2008.
The use of arbitration is strictly voluntary and shall not limit or replace any remedies or relief available to you under the law.
These terms and conditions shall apply to every transaction concluded through the online Platform and shall constitute a binding agreement between you and BKB for each such transaction.
Either party may terminate their use of the Platform at any time, provided that all rights and obligations arising from such transactions concluded prior to such termination shall remain binding and enforceable.
Termination shall not affect any provisions of this Terms and Conditions which by their nature are intended to survive termination, including but not limited to provisions relating to payment, liability, dispute resolution and consumer protection.
BKB reserves the right to restrict, suspend, or terminate your access to the Platform if you breach any of these Terms or engage in any conduct that violates applicable laws or the rights of others.
BKB may give notice to you of any change, or any other communication related to the Terms and Conditions through a general posting on the Platform, by electronic mail, or by conventional mail to your address, supplied by you and contained in our records.
These Terms and Conditions, together with the Platforms Terms of Use and Privacy Policy, constitute the entire agreement between you and BKB regarding your use of the Platform and the Services offered. These documents supersede any prior communications or agreements, whether oral or written concerning the subject matter.
These Terms and Conditions are intended to apply solely between you and BKB, and no provision herein shall be interpreted to confer rights or remedies to third parties.
If any provision of these Terms and Conditions is held to be invalid, unlawful or unenforceable such provision will be severed from the remaining terms, which shall continue in full force and effect. Any failure by either party to enforce any right or provisions shall not constitute a waiver of such right or provision.
These Terms and Conditions shall be governed by the laws of the Republic of South Africa. You consent to the exclusive jurisdiction of the courts of South Africa for adjudication of any disputes arising in connection with your use of the Platform or the Services. Any claim or cause of action you may have in relation to these Terms and Conditions must be brought within one (1) year of the cause of action arising, failing which it will be deemed prescribed.
BKB reserves the right to amend these Terms and Conditions at any time by updating the content on the Platform. Any amendments will take immediate effect for orders placed after such posting. For orders already placed, the amended terms will take effect seven (7) days after being published on the Platform.
By continuing to use the Platform following the posting of any amendments you will be deemed to have accepted and agreed to the revised Terms and Conditions and periodically to remain informed of any updates.
If any provision of these Terms and Conditions is held to be invalid, unlawful or unenforceable such provision will be severed from the remaining terms, which shall continue in full force and effect. Any failure by either party to enforce any right or provisions shall not constitute a waiver of such right or provision.
Last updated: December 4, 2025