TERMS AND CONDITIONS OF USE
1.1 Please read the terms and conditions of this Web Site www.fancystore.co.za (the "Web Site”), as expressed below, before continuing to make use of this Web Site.
1.2 Any person who uses, accesses, refers to, or views any part of this Web Site (the "User" or "You") hereby accept the terms and conditions of this agreement which conditions the User acknowledges having read and understood and agrees will be binding on the User. If the User does not wish to be bound by these terms and conditions, the User may not access, display, use, download, or otherwise copy or distribute Content obtained at the Web Site.
2. ECT ACT AND DISCLOSURE OF INFORMATION
2.1 Access to the services, content, software and downloads available from the Web Site may be classified as "electronic transactions" as defined in terms of the Electronic Communications and Transactions Act, No. 25 of 2002 ("the ECT Act"), and therefore Users have the rights detailed in Chapter 7 of the ECT Act and the Fancy Store has, amongst others the duty to disclose the following information:
2.1.1 THE FULL NAME AND LEGAL STATUS OF FANCY STORE: SAMAB Retailers (Pty) Ltd trading as Fancy Store ("Fancy Store"), a company with limited liability incorporated in accordance with the Company Laws of the Republic of South Africa under registration number 1995/008048/07, of Mazars House, Rialto Road, Grand Moorings Precinct, Century City, Cape Town, South Africa, with VAT registration number 4420150114.
2.1.2 CONTACT DETAILS: Telephone number: (021) 853 1070; Email address: firstname.lastname@example.org.
2.1.3 COMPANY DIRECTORS AND OFFICE BEARERS: Barry Sidney Friedman, Benjamin Israel Friedman, Grant Maree Goodwin, Jonathan Charles Rose, and Adriaan Marthinus Slabber.
2.1.4 PHYSICAL ADDRESS FOR RECEIPT OF LEGAL SERVICE: Corner of Main Road & Wesley Street, Strand, Cape Town, South Africa, 7140.
2.1.5 MAIN BUSINESS: Fancy Store is a supplier offering linen, kitchenware, gifting, audio, appliances goods for sale to consumers on its Web Site, where such goods are offered.
2.1.6 COSTS/PAYMENT METHODS:
220.127.116.11 Return Fee: In the event that You cancel an order with Fancy Store in terms of clause 5.4 herein, at the sole discretion of Fancy Store You will be refunded the amount paid to Fancy Store less a return fee of 10% (ten per cent) of the total amount of the cancelled order.
18.104.22.168 Transport Costs: in the event that You purchase from Fancy Store goods amounting to more than R300 (three hundred rand) there shall be no extra charge for the transportation / delivery thereof to You. However, should You purchase goods from Fancy Store to a value less than R300 (three hundred rand) You shall be charged an additional fee amounting to R70 (seventy rand) for the transportation / delivery of such goods.
22.214.171.124 Taxes: Unless expressly indicated to the contrary otherwise stipulated by law, all advertised or displayed prices include VAT. VAT of 14% is payable by South African clients.
126.96.36.199 Manner of payment: Payment methods include electronic transfer or credit card payment.
2.1.7 RECORDS OF TRANSACTIONS: Records of transactions may be obtained from Fancy Store on request.
3. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS
3.1 Fancy Store provides certain information on the Web Site and such content displayed on the Web Site is provided by Fancy Store, its affiliates or subsidiary, or any other third party owners of the content ("Content").
3.2 Copyright (© 2014) in this Web Site vests in Fancy Store. Furthermore, Fancy Store retains for itself all intellectual property rights (including the goodwill associated with those rights) related to the Web Site, whether owned by Fancy Store or used by Fancy Store under licence. As used here “intellectual property rights” means, with respect to any technology, content, data, hyperlinks, graphic and icons on this Web Site, all related patent rights, copyrights, inventions, designs, including software and hardware, layouts, trade mark rights and other intellectual property rights therein and thereto. In particular Fancy Store does not dispose of the ownership of or its rights under licence to use any intellectual property on this Web Site.
3.3 Fancy Store may make any changes to the Web Site, the Content, or to products or services offered through the Web Site at any time and without notice to the User. All rights in and to the Content is reserved and retained by Fancy Store. Except as specified in these terms and conditions, the User is not granted a license or any other right including under copyright, trade mark, patent or other intellectual property rights in or to the Content.
4. DELIVERY SERVICE
4.1 Subject to stock availability, delivery of Your order will be delivered by a courier company of Fancy Store's sole discretion within 24 hours of You making your order to Fancy Store and such courier company will then effect delivery of Your order to your designated address within 72 hours thereafter, save for Saturday, Sunday and Public Holidays. Delivery is free, unless otherwise specified. Should a remote area not be serviced by the courier company of Fancy Store's sole discretion or should it not be economically viable to deliver to a remote area via said courier company, such order of Yours will be delivered to the closest post office via the SA Postal Service as insured goods.
4.2 Delivery of any order shall only be within the borders of the Republic of South Africa.
5. RETURNS / REFUNDS
5.1 Goods may be returned by You in the original packaging within 7 (seven) days of delivery of the order for any reason without penalty but You will be liable for the cost of returning such goods to Fancy Store. Unless said goods are found to be faulty within 6 months of purchase. In this case we will collect the product at our expense and either replace, repair or refund the product, depending on the circumstances.
5.2 In the event that You elect to cancel an order with Fancy Store within 7 (seven) days of the date of delivery of the goods as per clause 5.1, You will be refunded the amount paid to Fancy Store within 30 (thirty) days of the date of cancellation.
5.3 Fancy Store reserves the right to cancel an order already paid for by You in the event of such goods being out of stock. In such event a full refund of the cost of the order will be given to You.
5.4 In the event that You wish to return the goods ordered from Fancy Store after the 7 (seven) day period as per clause 5.1, subject to the provisions of the Consumer Protection Act, No. 68 of 2008 ("the CPA") and specifically Section 56 (read with Section 55) thereof, You may request to return the goods to Fancy Store and at the sole discretion of Fancy Store it will accept the return and Fancy Store may charge a Return Fee as per clause 188.8.131.52 herein.
6.1 If You make a payment on the Web Site, you agree to Fancy Store's payment terms herein.
6.2 Payment can be made online by credit card through a sufficiently secure payment system, or by way of electronic transfer. The payment system allows for review, corrections and withdrawal by You prior to placing a final order.
7. LIMITED LICENSE TO USERS
7.1 Fancy Store grants You, a non-exclusive, non-transferable, limited and revocable (reversible) right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only.
7.2 This Web Site and the Content may not be reproduced or otherwise exploited for any commercial purpose without the express prior written consent of Fancy Store.
7.3 The license does not allow You to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative (copied or derived) use of this Web Site or the Content for the benefit of another merchant. You may not frame the Web Site or the Content without the express written consent of Fancy Store.
7.4 Fancy Store does not offer products or services to minors. If You are under the age of 18, You may not act upon any offers on the Web Site.
7.5 Fancy Store, its affiliates or subsidiary reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
8. WEBSITE DISCLAIMER
8.1 Your use of and reliance on the information on this Web Site and the online services is entirely at your own risk.
8.2 Fancy Store offers for sale various goods to You that were not manufactured by Fancy Store and, accordingly, Fancy Store does not make any warranties in respect of such goods and such warranties and/or guarantees (if applicable) will depend on the individual supplier of the goods.
8.3 Subject to sections 43(5) and 43(6) of the ECT Act and to the extent permitted by law, the Web Site and all Content on the Web Site, are provided on an "as is" basis, and may include inaccuracies or typographical errors and Fancy Store, suppliers, employees, directors, affiliates and agents will not be liable for any damage, or loss or liability of any nature incurred by whoever as a result of any action or omission. Fancy Store makes no warranty or representation as to the availability, accuracy or completeness of the Content, software, tools or online services, or any third-party content accessible via an internet link. You acknowledge that any reliance upon any such tools, software or information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of this Web Site.
8.4 To the fullest extent permissible by law, Fancy Store expressly disclaims all (express and implied) warranties, including, without limitation, warranties of merchantability, title, and fitness for a particular purpose, non-infringement, compatibility, security in respect of this Web Site and the services accessible on this Web Site. While Fancy Store has taken all reasonable precautions to prevent this, Fancy Store does not warrant that the Web Site or any software available for download via the Web Site is free of viruses or destructive code.
8.5 Without derogating from the generality of the above, Fancy Store shall not be liable for:
8.5.1 any interruption, malfunction, downtime or other failure of the Web Site or online services, our system, databases or any of its components, for reasons beyond our control;
8.5.2 any loss or damage with regard to customer data or other data directly or indirectly caused by malfunction of our system, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on our system or third party systems; programming defects;
8.5.3 any interruption, malfunction, downtime or other failure of goods or services provided by third parties, including, without limitation, third party systems such as the public switched telecommunication service providers, internet service providers, electricity suppliers, local authorities and certification authorities;
8.5.4 any event over which we have no direct control.
Fancy Store reserves the right to institute any legal action against any person that delivers or attempts to deliver any damaging code to this Web Site or attempts to gain unauthorised access to any page on this Web Site.
10. LINKS AND FRAMING
10.1 Links provided on this Web Site to non-Fancy Store web sites are provided as is and Fancy Store does not expressly or by implication agree with or have any control over the content on such web sites. If You follows any of these links You do so at its own risk and Fancy Store cannot accept any responsibility for any loss or damage that You may incur as a result.
10.2 You may not use the Web Site for any unlawful purpose. You may not reproduce, publish, broadcast, transmit, modify, adapt, create derivative works of, store, archive or in any way commercially exploit any of the content on the Web Site. Without limitation, You may not do any of the following without prior written permission from Fancy Store (and neither may You allow a third party to do any of the same:
10.2.1 redistribute any of the content; or
10.2.2 create a database in electronic or structured manual form by systematically downloading and storing all or any of the content; or
10.2.3 deep link to, frame, spider, harvest or scrape the content or otherwise access the content for similar purposes.
11. USE OF WEBSITE
11.1 You may not use this Web Site to obtain or distribute:
11.1.1 copyrighted material or material protected by laws relating to intellectual property rights without the permission of the Fancy Store;
11.1.2 material containing viruses or any other destructive materials or data or code which is able to corrupt, interfere with, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation of a computer system or hardware or software;
11.1.3 material which is defamatory, unlawful or contains hate speech; or
11.1.4 bulk e-mail, whether solicited or unsolicited.
11.2 You must not interfere with or jeopardise the functionality or the operation of any part of this Web Site or attempt to interfere with or jeopardise, disrupt, disable, harm or otherwise impede in any manner the functionality or operation of any part of this Web Site.
11.3 You are strictly prohibited from using this Web Site for "spoofing", "hacking", "flaming", "cracking", "phishing" or "spamming" or any other activity designed or aimed at achieving purposes similar or the same as the aforementioned acts.
11.4 Any information accessed from this Web Site must be used subject to recognition or acknowledgment of Fancy Store as the source of the information.
11.5 Information supplied by Fancy Store or accessed on the Web Site, in any format, through any media, may not be sold in whole or in part. The information may be used for purposes such as to inform an opinion, recommendation, interpretation, conclusion or policy as a derivate product and/or service. Fancy Store will not be held liable for the use of the information in any process, product or service.
11.6 You may not intercept any information transmitted to or from the Fancy Store or this Web Site which is not intended by the Fancy Store to be received by You.
11.7 You must respect other users of this Web Site at all times.
11.8 You must not:
11.8.1 post, transmit or otherwise make available, through or in connection with the Web Site anything that is or may be threatening, harassing, degrading, fraudulent, wrongful, obscene, indecent or otherwise objectionable;
11.8.2 harvest or collect personally identifiable information about other users of the Web Site;
11.8.3 restrict or inhibit any other person from using the Web Site (including hacking or defacing any portion of the Web Site;
11.8.4 use the Web Site to advertise or offer to sell or buy any goods or services without the Fancy Store's express written consent;
11.8.5 reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, or access to the Web Site.
12. INTERCEPTION AND MONITORING
You agree that its communications on this Web Site may be intercepted, blocked, read, deleted, disclosed and used, as defined in the Regulation of Interception of Communications Act 70 of 2002 (as amended), by Fancy Store or any other competent authority.
13. PRIVACY, ACCESS TO AND USE OF INFORMATION
13.1 Fancy Store shall take all reasonable steps to protect the personal information of You and for the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.info.gov.za/gazette/acts/2000/a2-00.pdf
13.2 Subject to clause 13.3 Fancy Store may electronically collect, store and use the following personal information of Users:
13.2.1 name and surname;
13.2.2 contact numbers
13.2.3 non-personal browsing habits and click patterns;
13.2.4 e-mail address; and
13.2.5 IP address
13.3 Fancy Store shall only collect, store and use the abovementioned information for the following purposes:
13.3.1 communicate requested information to You;
13.3.2 provide You with access to restricted pages on this Web Site; and to compile non-personal statistical information about browsing habits, click-patterns and access to the Web Site.
13.4 Information detailed above is collected either electronically by using cookies or is provided voluntarily by You. You may determine cookie use independently through your browser settings.
13.5 Fancy Store shall not disclose personal information from You unless:
13.5.1 You consent thereto in writing;
13.5.2 it is in the public interest to do so;
13.5.3 it is necessary to protect the rights of Fancy Store; or
13.5.4 if it is required to do so by a court of law.
13.6 Whenever You are of the opinion that Fancy Store has failed to comply with Section 51 of the ECT Act, You will contact Fancy Store by sending an email to email@example.com. Fancy Store will review Your representations made by email and, if within Fancy Store's sole and absolute discretion, take corrective action and in any event within 20 (twenty) days respond to You informing about corrective actions taken, if any.
13.7 Despite such undertaking in this clause 13 herein, it is possible for Internet-based communications to be intercepted. Without the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet email is vulnerable to interception and forging. Fancy Store will not be responsible for any damages to You or any third party may suffer as a result of the transmission or confidential or disclosed information that You make to Fancy Store through the Internet, or that You expressly or implicitly authorise Fancy Store to make, or for any errors or any changes made to any transmitted information.
13.8 To ensure acquaintance with and awareness of the privacy measures and policies provided herein, You are urged to take care to read and understand the underlying privacy clauses incorporated in these terms and conditions.
14. PRIVACY – CASUAL SURFING
14.1 You may visit the Web Site without providing any personal information.
14.2 You accordingly grant express written permission for the Web Site servers in such instances collecting the IP address of Your computer, but not the email address of any other distinguishing information.
14.3 This information is added up to measure the number of visits, average time spent at the Web Site, pages viewed, etc.
14.4 Fancy Store uses this information to determine use of the Web Site, and to improve Content.
14.5 Fancy Store assumes no obligation to protect this information, and may copy, distribute or otherwise use the information.
15. PRIVACY – UNSOLICITED INFORMATION
15.1 If You post unsolicited content of other information ("Information") to the Web Site and does not indicate otherwise You grant to Fancy Store a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Information throughout the world in any media.
15.2 You grant to Fancy Store the right to use the name that You submit in connection with such Information, if they choose. You warrant that:
15.2.1 You own or otherwise control all of the rights to the Information that You post;
15.2.2 The Information is accurate;
15.2.3 By the supply of the Information to Fancy Store;
15.2.4 You do not violate this policy and does not infringe the rights of any person or entity; and
15.2.5 You indemnify Fancy Store for all claims resulting from the receipt by Fancy Store of the Information You supply to it.
15.3 Fancy Store may monitor and edit or remove any Information, where posted to public pages. Fancy Store takes no responsibility, and assumes no liability for any Information posted by You or any third party.
16. PRIVACY – SOLICITED INFORMATION THE USER GIVES TO FANCY STORE
16.1 Fancy Store requires certain personal information necessary to process transactions if the User requires any of Fancy Store's products or services.
16.2 Fancy Store receives and stores all information, including personal information which the User enters on the Web Site or gives to Fancy Store, in any other way. The User may choose not to provide certain personal information, but that may limit the services or products that the User may wish to obtain from Fancy Store.
16.3 Fancy Store provides its products and services in conjunction with its affiliates and subsidiaries. In this regard and unless specifically restricted by the User from the license below, the User and when entering into the specific transactions in question expressly grants in writing to Fancy Store a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such information throughout the world in any media.
16.4 The User's information that is required by affiliates and subsidiaries to give effect to transactions that the User chooses to enter into is shared with those entities.
17. PRIVACY – PROMOTIONAL INFORMATION
17.1 Fancy Store aspires to provide first-class service to its customers, which requires Fancy Store providing information to You about new services or special offers. In each instance, You are provided an opportunity to opt-out of such information circulars.
18. PRIVACY – BUSINESS TRANSFERS
18.1 Fancy Store may enter into business arrangements and its customer base is one of the more valued assets. In such an event, customer information will be one of the transferable assets.
19. PRIVACY – SURVEYS AND STATISTICAL PROFILES
19.1 Fancy Store understands that efficiency and customer care translates to good service. Fancy Store may periodically conduct online customer care surveys to enable the updating of service standards.
19.2 When it conducts a survey, Fancy Store must inform You how the information gathered will be used, and provide You with the opportunity to opt-out from such surveys.
19.3 Despite terms to the contrary, Fancy Store may choose to use personal information to compile profiles for statistical purposes and may choose to trade with such profiles and statistical data, as long as the profiles or statistical data cannot be linked to any specific data subject, including You, by a third party.
20. PRIVACY – STORAGE
20.1 Personal information will be stored for as long as it is used and for a period of one year, together with a record of the personal information and the specific purposes it was collected for. Personal information will be destroyed once it has become obsolete (out of date or unusable).
21. CHANGES AND AMENDMENTS
21.1 Fancy Store expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:
21.1.1 Change, modify, add to or remove from portions or the whole of these terms and conditions;
21.1.2 change the content and/or services available from the Web Site;
21.1.3 discontinue any aspect of the Web Site or service(s) available from the Web Site; and/or
21.1.4 change the software and hardware required to access and use the Web Site.
21.2 Any changes to the terms and conditions will become effective when the changes are posted to this Web Site.
21.3 Your continued use of this Web Site following the posting or changes or updated will be considered notice of Your acceptance of these terms and conditions, including any changes or updates.
22. GOVERNING LAW
22.1 The Web Site is controlled, administered and operated from the Republic of South Africa and therefore the South African law enforced by the South African courts governs the use or inability to use the Web Site, its content, services and these terms and conditions.
22.2 You consent to the jurisdiction of the Western Cape High court in the event of any dispute.
22.3 If any of the provisions of these terms and conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible so as to give effect to the intent of these terms and conditions, and the remainder of these terms and conditions will continue in full force.
22.4 These terms and conditions constitutes the entire agreement between Fancy Store and You with regard to the use of the Content and this Web Site.