Fred Rich

Terms & Conditions


1. General

These are the terms & conditions (Ts&Cs) for the online website of FRED RICH. This company governs the odering, sale and delivery of goods and the use of the website. These Ts&Cs are binding and enforceable against every person that accesses or uses this website. The website can be accessed at www.fred-rich.com and is owned and operated by Nadine Maria Fredrich, trading as FRED RICH (hereinafter referred to as “FRED RICH”). References to “we”, “us” and “our” shall be deemed to be references to FRED RICH. References to “users”, “you” and “your” shall be deemed to be references to any person browsing the website or placing an order for and purchasing any product marketed by FRED RICH.

 

Visitors to the website (“users”/“you”/“your”), including users who purchase products through the website or FRED RICH directly are bound by these Ts&Cs. If you do not agree to these Ts&Cs, do not continue to use the website or do business with FRED RICH.

 

FRED RICH may changes to the website and their terms and conditions. It is your responsibility to keep yourself updated abouth the Ts&Cs of this website.. Any such change will only apply to your use of this Website after the change is displayed on the Website and can be done at any time. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes. Should you not be satisfied, you must not place any further orders on or in any other way use the website. If you are unhappy with any aspect of the Ts&Cs, you may contact us either by telephone or email using the contact details provided on the website. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask FRED RICH to explain it to you before you accept the Ts&Cs or continue using the website.

 

The Ts&Cs apply from the time of publication on the website and continue indefinitely, as amended from time to time, for the duration of the website’s operation. FRED RICH is entitled to shut down the website and terminate the Ts&Cs.

2. Sales

By using the website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Ts&Cs and to be liable and responsible for you and all your obligations under these Ts&Cs.

Placing Goods in a shopping cart without completing the purchase cycle does not constitute an order for such goods, and as such, goods may be removed from the shopping cart if stock is no longer available. You cannot hold FRED RICH liable if goods are not available when you complete or attempt to complete the purchase cycle at a later stage.

By placing an order via this website you are making an offer to FRED RICH to purchase the goods detailed in your order upon the terms described in your order. Once you have placed an order we will send you a confirmation that your order has been received, but this is not a confirmation that your offer to purchase the goods has been accepted.

A contract between you and FRED RICH for the sale of our products will only exist:
once a successful electronic submission of a properly completed order for one or more products in your shopping cart has been received by FRED RICH, the order has been accepted by us, notice of authorization of the payment has been received by FRED RICH or payment into FRED RICH’s bank account has been received and has cleared and if the order has been processed and dispatched to you.

Promotions

From time to time FRED RICH will run promotions. These promotions will either be on selected products or site wide. For each promotion there will be specific Ts&Cs.

3. Stock Description & Availability

Reasonable efforts are made to ensure that the descriptions of the products are correct. Some of the descriptions are however of a general nature.

Acknowledge that stock of all goods on our website is limited. In the case of goods for sale by FRED RICH, we will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the website. However, we cannot guarantee the availability of stock. When goods are no longer available after placing an order, FRED RICH will notify you and you will be entitled to a refund of the amount paid by you for such product. This is explained in more detail under Refund Policy.

4. Canceling Orders

For purposes of preventing suspected fraud, FRED RICH reserves the right to refuse to accept or process payment on any order and/or to cancel any purported contract of sale between you and FRED RICH in whole or in part. In such a case, FRED RICH will only be liable to refund an amount already paid by you. See FRED RICH’s Refund Policy in this regard. FRED RICH accepts no other liability which may arise as a result of such refusal to process any order/sale.

Prior to delivery of the goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. If you do cancel the contract within this time any payments made by you will be refunded in full within 30 days. Within 7 days after delivery of the goods, you are entitled to cancel any order/sale concluded on this website and to obtain a refund. You may also cancel a sale where delivery is delayed beyond the stipulated delivery date or timeframe (or where none is specified, beyond 30 days from the order date). See FRED RICH’s Refund Policy in this regard.

5. Costs Regarding To Your Order

Prices

Each product is displayed with its price on the website. A discounted price will be displayed where appropriate for a sale or special offer.

Value Added Tax: Value added tax (VAT) is charged at 14% and included on all products purchased.

Delivery Charges

The products ordered by you will be delivered via courier. A delivery charge will be added to your order value as and where appropriate. Delivery charges, if any, will differ depending on various factors. These include the details of the product, its price and weight, and the location of the address to where the delivery is to be made.

Please see details of FRED RICH’s delivery charges when checking out your purchase.

Cost Estimate Disclaimers

Reasonable efforts are made to accurately indicate prices and delivery charges. If a product is offered at an incorrect price and/or delivery charge, FRED RICH reserves the right not to sell products at such incorrect prices and/or delivery charges. Should you not wish to proceed with the purchase at the correct price and/or delivery charge, FRED RICH will refund any amount already paid by you.

6. Payments

We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate technology. FRED RICH accepts payments through Payfast, a secure and convenient platform for online transactions via VISA or MASTER Card, EFT, SnapScan as well as BITCOIN. All transactions are shown in South African Rands (ZAR).

On placement of an order, the transaction details are presented to the relevant bank. If authorization is obtained from the bank, payment is collected immediately. In the event authorization is not obtained, the order will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the products you order on the website. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the website.

You may contact us via email at info@fred.rich.com to obtain a full record of your payment. We will also send you email communications about your order and payment.

Vouchers/Gift Cards

FRED RICH offers you to get vouchers/gift cards for a thrid party, who can buy products with the from you provided amount. Vouchers can only be redeemed while they are valid and their expiry date cannot be extended:
Vouchers/gift cards are valid for 3 years after sale. If your voucher/gift card has not been used within that period, it will expire. They cannot be used to buy other vouchers/gift cards. Vouchers do not accrue interest and are not refundable for cash once purchased.

If your Voucher value is insufficient for the order you wish to place, you may make up the difference by paying via one of our other payment methods.

7. Disclaimers

The use of the website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the website or reliance on any information on the website. Whilst FRED RICH takes reasonable measures to ensure that the content of the website is accurate and complete, FRED RICH makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the website or as to the accuracy, completeness or reliability of any information on the website. No representations or warranties, specific or implied, are made as to the suitability of the website or its supporting hardware and/or software to perform the purpose intended or any particular purpose or requirements of a user. While FRED RICH takes reasonable steps to ensure a fast and reliable service, there is no guarantee that the use of this website will be uninterrupted or without errors.

FRED RICH disclaims liability for any damage, loss or liability, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the website and/or any content therein unless otherwise provided by law.

Although products sold from the website may, under certain specifically defined circumstances, be under warranty, the website itself and all information provided on the website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.

With the exception of any liability which may arise in terms of the Consumer Protection Act 68 of 2008 (“CPA”) for products sold by FRED RICH through the website or under section 43 of the Electronic Communications and Transactions Act No. 25 of 2002 in relation to the security of the website payment systems, FRED RICH will not be liable for any damage or loss arising from the use of the website or the use of products purchased through the website.

To the fullest extent permitted by law and save as provided above, FRED RICH will not be liable to you by reason of any representation, implied warranty, condition or other term, duty at common law, or in negligence for any indirect special or consequential loss or damage (including but not limited to loss of profit or loss of saving), costs, expenses or other claims for compensation whatsoever which arise out of or in connection with the use of this website, the supply of the products or their use or resale by you.

Any complaints or other issues can be reported by email or telephone using our contact details.

FRED RICH will not be liable to you or be deemed to be in breach of these Ts&Cs or any contract with you by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the products ordered by you if the delay or failure was due to any cause beyond its reasonable control.

8. FRED RICH’s Information

As a supplier offering products for sale by way of an electronic transaction, in terms of section 43 of the Electronic Communications and Transactions Act No. 25 of 2002, FRED RICH makes the following information available on the website to you, the consumers:

  • company’s name: FRED RICH
  • owner of the company: Nadine Maria Fredrich
  • legal status: Individual business
  • physical address: 5 Tafelberg Court, Culver Street, Oranjezicht, Cape Town, Western Cape, South Africa
  • telephone number: 060 959 9809
  • website address: www.fred-rich.com
  • email address: info@fred-rich.com

9. Communications

You agree that by visiting the website and/or sending emails to FRED RICH, you consent to receiving electronic communications from FRED RICH.

10. Privacy Policy

FRED RICH is committed to protecting your privacy and to taking reasonable steps to protect your personal information. If you have any concerns please contact FRED RICH by telephone, email or mail using our contact details. We will not, without your express consent use your personal information for any purpose other than as set out below:

  • in relation to the ordering, sale and delivery of Goods;
  • to contact you regarding current or new products or services or any other goods offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us);
  • to inform you of new features, special offers and promotional competitions offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us); and
  • to improve your experience on our Website.

We will ensure that all of our employees and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations (save as permitted herein) in relation to your personal information.

We will:

  • treat your personal information as strictly confidential;
  • take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
  • not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.

FRED RICH undertakes never to sell or make your personal information available to any third party other than as provided for in this policy, unless we are compelled to do so by law. In particular, in the event of a fraudulent online payment, FRED RICH reserves the right to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.

For the purpose of these Ts&Cs, “personal information” shall be as defined in the Promotion of Access to Information Act 2 of 2000 (PAIA).

The following information relating to you and your use of the website may be collected by FRED RICH:

  • name and surname;
  • title;
  • email address;
  • contact number (if provided by you)
  • delivery address;
  • billing address;
  • and what products are viewed, saved in your cart, saved on your wish list and purchased.

The collected information will be voluntarily submitted by you and/or obtained electronically through use of the website. Your Internet browser settings will determine what information is provided through use of cookies.

The collected information may be used:

  • to recognize you as an existing user of the website;
  • for the purpose of processing orders;
  • to ensure that the orders are received by you; and
  • for sending, with your consent, emails about FRED RICH products.

No personal information will be disclosed to third parties unless it is done with your consent thereto or where FRED RICH is legally compelled to do so.

11. Security Policy

FRED RICH is entitled to take any steps it considers reasonable to protect and ensure the security and integrity of the website, the services offered through the website and the hardware and software which support the website.

Credit Card Transactions

FRED RICH credit card transactions are processed by Payfast, who accept local and international MasterCard and Visa payments as well as EFT, SnapScan and Bitcoin payments.

Payfast is a secure and a PCI compliant operator, not only for credit card transaction processing.

Where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we reserve the right to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation, your order will be cancelled. In addition, you warrant that you are fully authorised to use the credit card supplied for the purpose of paying for your order.

The cardholder agrees that FRED RICH may conduct fraud checks with the cardholder’s bank.

FRED RICH reserves all rights to institute proceedings under civil and/or criminal law against any person responsible for:

  • any unauthorised or wrongful access, or attempt to gain such access, to the website or to FRED RICH’s information or records through the website; and
  • any harm or damage caused to the website or the software and/or hardware which support the website.

Applicable Law

This website is hosted, operated and controlled from the Republic of South Africa. The website and issues relating to it are therefore governed by South African law. In accepting these Ts&Cs you submit to the non-exclusive jurisdiction of the South African courts should a dispute arise between you and FRED RICH.

Property Rights

The contents of the website pages (including pictures, layout, designs, logos, photographs, written text, data and other materials) are the property of FRED RICH unless otherwise stated and, wherever appropriate, protected by copyright, common law trademark or registered trademark. You may only print, copy or download content from this website for private use which is not for commercial benefit. You may not use the website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful. Furthermore any use, distribution or reproduction of the website’s content is prohibited unless expressly authorised in terms of these Ts&Cs or otherwise provided for in law. To obtain permissions for the commercial use of any website content contact our manager at 060 959 9809 or email dinka@fred-rich.com. ALL RIGHTS RESERVED.

12. Deliveries

FRED RICH offers one method of delivery of products to you, which is via courier.

Delivery charges are calculated automatically based on the total value and/or weight of all products included in an order, when the order is created and will be shown after proceeding to check out. All delivery charges are quoted in South African Rands (ZAR), inclusive of VAT (where this applies) and per parcel per address.

FRED RICH delivers orders to addresses in South Africa. All orders are, stock permitting, usually dispatched by FRED RICH within 24 to 72 hours (unless otherwise specified) from receiving confirmation of payment and based on ordinary, local business hours; or receiving the results of any fraud checks from the cardholder’s bank. We will notify you if we are unable to deliver the goods during this delivery period, which can take us up tp 30 days, in an unusual event. You may then, within 7 days of receiving such notification elect whether or not to cancel your order for the products. If you elect to cancel your order, we will reimburse you for the purchase price.

Where more than one product is ordered together, the delivery will be determined by the product with the longest delivery time. It is your responsibility to take this into account and to place separate orders for separate products, if required.

Late Delivery

If a product purchased is not delivered within the agreed delivery period, or where no specific period was agreed, within 30 days after having purchased the product, the Electronic Communications and Transactions Act No. 25 of 2002 entitles you to cancel such sale on 7 days notice to the seller of such product. Should this situation arise please contact us in order to cancel such sale.

All dates quoted for delivery are estimated delivery dates only and may be subject to change. We can’t accept liability for any loss or damage (whether direct or indirect) for delivery at any time other than the estimated date for delivery. All orders received and accepted will, subject to availability, be dispatched within the stipulated time period as provided at check out.

13. Return Policy

Should you not be satisfied with any product purchased by you on the website, by reason of a defect, incorrect choice of product, or otherwise, you may, under certain circumstances, be entitled to either be refunded or have the product repaired or replaced, as the case may be. For all returns, except where the item is faulty, you will be required to arrange and pay for the return of the products to us. We will only issue a refund for the costs of return postage where the item returned is faulty within 7 days from the day of receipt. To return any products to us, please contact us via email or telephone and we will advise you on how to proceed. When returning items you are strongly recommended to obtain proof of posting. We cannot accept responsibility for parcels lost in transit.

The Refund Policy regulates your rights and how products are to be returned to us. For further details please read Refund Policy.

14. Errors

FRED RICH shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of products on the website. Some descriptions or depictions of products may be of a general nature and not specific to the particular product you wish to buy. If you dissatisfied with the product you receive for any reason, you are entitled to return the product to FRED RICH for a full refund within 7 days of delivery.

15. Refund Policy

Should you be entitled to a refund for any reason, such refund shall

  • in the case of payment having been made by debit/credit card or Bitcoin account, the refund shall be issued back on to the applicable debit/credit card or Bitcoin account
  • if payment has been made via EFT then the refund will be paid into the same bank account from which the funds were received, being your bank account as reflected on FRED RICH’s records.

FRED RICH will not, in this instance, pay funds into a third party bank account.

If an order/sale has been cancelled by you, within 7 days after you have received the product(s); you will be required to return the said product(s) to FRED RICH to determine if the product(s) is/are in there original condition before a refund is issued.

16. Limited Liability

FRED RICH cannot be held liable for any inaccurate information published on the website and/or any incorrect prices displayed on the website, save where such liability arises from the gross negligence or wilful misconduct of FRED RICH. You are encouraged to contact us to report any possible malfunctions or errors by way of email to info@fred-rich.com or by contacting 060 959 9809.

FRED RICH shall not be liable for any direct, indirect, incidental, special or consequential loss or damage, which might arise from your use of, or reliance upon, the website or the website’s content or your inliability to use the website and/or unlawful activity on the website and/or any linked third party’s website.

You hereby indemnify FRED RICH against any loss, claim or damage, which may be suffered by yourself or any third party airising in any way from your use of this website and/or any linked third party’s website.

FRED RICH may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Superbalist will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time and to the extent possible.

17. Governing Law and Jurisdiction

These Ts&Cs and our relationship and/or any dispute arising from or in connection with these Ts&Cs shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Ts&Cs.

In the event of any dispute arising between you and FRED RICH, 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 17 or the Ts&Cs limit your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.