Terms & Privacy
Please read these terms and conditions (“Terms”, “Terms and Conditions”) carefully before using the https://www.fangshardware.co.za website (the “Service”) operated by fangshardware.co.za (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.
Account
When you create an account with us, you must provide us with accurate, complete, and current information at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Interlectual Property
The Service and its original content, features, and functionality are and will remain the exclusive property of fangshardware.co.za and its licensors. The Service is protected by copyright, trademark, and other laws of both the South Africa and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of fangshardware.co.za.
Links to Other Websites Our Service may contain links to third-party websites or services that are not owned or controlled by fangshardware.co.za.
fangshardware.co.za has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that fangshardware.co.za shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Indemnification
You agree to defend, indemnify and hold harmless fangshardware.co.za and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of: a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability
In no event shall fangshardware.co.za, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
fangshardware.co.za, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
GOVERNING LAW
These Terms shall be governed and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.
PRODUCTS & SERVICES
Products and services are accurately represented in our website, and in all communications, but actual products may vary in appearance due to changes in packaging or differences in color representation. If there is an inadvertent and obvious error in the product description, price, or image, we are not obligated to provide the affected product, but we will correct and notify you of any errors as soon as possible. You are responsible for ensuring that the product received is the correct one, and if you have received the wrong product, you must notify us within ten business days to receive a refund or exchange. If you are not satisfied with the product purchased, you may return it to us subject to the returns and refund provisions in these terms. We may invoice you for third-party services fee to ensure a single contact point, but we are not responsible for their obligations. We reserve the right to discontinue or change product and service specifications without notice.
Pricing & Availability
Product stock is subject to availability, and we may limit the quantity of a product purchased during promotional offers, or require a minimum purchase quantity which will be displayed on the product description. All prices displayed are correct at the time of display, and we may change displayed pricing, but you will be charged the displayed price unless there is an obvious and inadvertent error in the price. A list of all printing errors in relation to pricing displayed or advertised or product availability will be placed at the entrance of each store. We do not reserve products unless payment has been received or arrangements have been made for installation, delivery, or service.
Payment
Products or services must be paid in full before for normal order, or other term negotiated for special orders, we will deliver them, and payment can be made by EFT.
ONLINE Purchases
To order a product online, you will need to register a profile, and registering does not oblige you to order any product. You will be required to provide certain personal details, payment card details, and your delivery address. By submitting an order online, you confirm that you are over the age of 18 and have the legal capacity to enter into a transaction with us. Your contract of sale with us is only complete once we have accepted and dispatched your order.
Delivery
All products displayed on our website are subject to availability and will be delivered only within the Republic of South Africa. Orders will be delivered after full payment has been processed and received. We only deliver products within the Republic of South Africa, and a delivery charge will apply based on the distance from the store. Please note that the delivery process is carried out by a third-party courier, and while we strive to meet the estimated lead time, it is provided as an estimate and not a guarantee.
It is important to ensure that the personal information provided for delivery, including the address, is accurate. We cannot be held responsible for deliveries to incorrect addresses. Once the product is delivered to the designated address, the risk passes to you, and we are not responsible for storage, assembly, or installation.
Return & Refunds
We strive to provide a satisfactory return and refund process for our customers. Please review the following information regarding returns and refunds.
Non-returnable items:
Certain items cannot be returned, including:
- Custom-made items produced according to your specifications, including clothing with printed designs.
- Items that have been damaged by lightning or other natural disasters.
- Deliberately damaged or unused items as outlined in the product user manual.
- Perishable or expiration-sensitive items, such as all products categorized under Food & Beverages.
- Plants, trees, and flowers.
- Any product containing ink, such as pens, is deemed non-returnable and non-exchangeable due to the utilization of the pen refill.
- Products that are missing components, such as television remote controls, cannot be accepted for return or exchange.
- Products specifically imported according to your request.
Return of non-defective Products:
If you wish to return a non-defective Product for reasons other than it being defective (i.e., “change of mind”), you may do so at your own cost within seven days from the date of purchase. To be eligible for a refund or exchange, the following conditions must be met:
- You have the original proof of purchase.
- The Product is unused.
- The Product is in its original packaging.
- The Product is in a salable condition.
Please note that we reserve the right to charge a restocking fee if the packaging is damaged.
Return of defective Products:
In the event that the Product you purchased is defective, you may return it within seven days from the date of purchase. The following options are available:
- If the returned defective Product meets the requirements, we will gladly replace, refund, or repair it according to your choice.
- We may send the Product for technical evaluation before proceeding with the replacement.
Refund process:
- In the event of a refund, we will process it using the original payment method within 10 business days, EFT refunds may take up to seven business days to reflect in your account. We may request verification of your bank account details if you paid via EFT.
- When returning a Product, we may request your personal information and the reasons for the return. The collection and processing of your personal information will be conducted in accordance with our Privacy Policy.
How to return goods:
Online returns: Please contact our Contact Centre to arrange the return. If the Product is defective or broken, provide pictures of the damage using the contact form provided by the Contact Centre. Fang’s hardware does not bear return shipping costs.
Once we receive the returned item, we will send you an email to confirm its received.
Breach
If you breach any provision of these Terms, we reserve the right to terminate or suspend any relationship that exists between you and Fang’s Hardware, and / or prohibit access to our Premises/ website, and / or take the appropriate legal action to recover any loss.
Neither party will be liable for breach of any of these Terms due to any matter beyond the control of the respective party. This includes fire, natural disasters, acts of God, strikes, lock-outs, wars, riots, civil commotion, government intervention, or an explosion.
Remedies
If you feel that we are not living up to our promises in these Terms, or that we have infringed your rights in any way, you may address a complaint to us by emailing us at info@fangshardware.co.za
When lodging your complaint, include as much information as possible to allow us to deal with it effectively and quickly. In particular, please provide us with the following:
- your full name, address, and contact details;
- identify in what way we are not living up to these terms or the right that has allegedly been infringed by us;
- set out the circumstances and facts that gave rise to the alleged infringement;
- the steps you believe should be taken by us to remedy the alleged infringement;
- a statement that the information you have provided is correct and truthful; and
- a statement that you are acting in good faith.
We will investigate all complaints which comply with these requirements. On receiving the outcome of the investigation, we will take all necessary steps to remedy the situation, if applicable.
Privacy Policy
fangshardware.co.za (“us”, “we”, or “our”) operates the https://www.fangshardware.co.za website (the “Service”). This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.
We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible from https://www.fangshardware.co.za.
Information Collection and Use
We collect several different types of information for various purposes to provide and improve our Service to you.
Types of Data Collected:
1. Personal Data
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:
- Email address
- First name and last name
- Phone number
- Address, State, Province, ZIP/Postal code, City
- Cookies and Usage Data
2. Usage Data
We may also collect information on how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.
3. Tracking & Cookies
Data We use cookies and similar tracking technologies to track the activity on our Service and hold certain information.
Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.
You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Examples of Cookies we use:
- Session Cookies. We use Session Cookies to operate our Service.
- Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
- Security Cookies. We use Security Cookies for security purposes.
Use of Data
fangshardware.co.za uses the collected data for various purposes:
- To provide and maintain the Service
- To provide marketing and sales information
- To notify you about changes to our Service
- To allow you to participate in interactive features of our Service when you choose to do so
- To provide customer care and support
- To provide analysis or valuable information so that we can improve the Service
- To monitor the usage of the Service
- To detect, prevent and address technical issues
Transfer of Data
Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside South Africa and choose to provide information to us, please note that we transfer the data, including Personal Data, to South Africa and process it there.
Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
fangshardware.co.za will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and your personal information.
Registered users can access the Data & Privacy section of our Help Centre to exercise their rights under POPIA, as outlined above.
For all other users, our PAIA Manual sets out the process for exercising these rights and can be found here.
If you have any complaints regarding our compliance with this Privacy Policy, you may lodge a complaint with the Information Regulator. Contact details for the Information Regulator can be found on its website at https://inforegulator.org.za/
Please note that this Privacy Policy supersedes all prior versions posted on our website. We reserve the right to update this policy from time to time and any changes will be reflected on this page. The updated policy applies to all users of our platforms.
Amendments Of The Terms
fangshardware.co.za reserves the right to amend the Terms at any time, and the amendments will take effect immediately. The latest version of the Terms is available on our website, and it is your responsibility to regularly review and comply with them.
Governing Law And Jurisdiction
These terms are governed by the law of South Africa. Both fangshardware.co.za and the customer unconditionally consent to the non-exclusive jurisdiction of the Gauteng Local Division, Johannesburg for all matters arising from these Terms. This does not affect your statutory rights to approach other dispute resolution bodies under the Consumer Protection Act (CPA).
Severability
If any provision of these Terms is found to be illegal or unenforceable, it will be severed, and the remaining provisions will remain in force.
Thank you for visiting and shopping at fangshardware.co.za, we strive to provide better products at the best price, we deeply appreciate every minute you spent on our website and every purchase you made!
If you have any questions about these terms and conditions, please contact us at info@fangshardware.co.za