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TERMS AND CONDITIONS

Welcome to the FLY Wear website at www.flywear.co.za. Please take a moment to read these terms and conditions, including our policies, to understand how they apply to your use of our website and any products or services that you may order online.
USE OF SITE

You may only use this site to browse the content, make legitimate purchases and shall not use this site for any otherpurposes, including without limitation, to make any speculative, false or fraudulent purchase. This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. “Deep linking”, “embedding”, or using analogous technology is strictly prohibited. Unauthorised use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.

DISCLAIMER OF WARRANTY

The contents of this site are provided “as is” without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement.

The owner of this site, the authors of these contents and in general anybody connected to this site in any way, from now on collectively called the Providers, assume no responsibility for errors or omissions in these contents.

The Providers further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, or correctness or completeness of these contents. The Providers shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including - without limitation – data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Providers have been informed of the possibilities of such damages. The Providers cannot assume any obligation or
responsibility. The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.

OUR RIGHTS

We reserve the right to:

  1. Modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website and/or;
  2. Change these Conditions from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
  3. We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.

PRIVACY POLICY

We are committed to protecting your privacy. This privacy policy applies to all the web pages related to this website.

While you use this website personal information of yours may be either collected by us or provided by you. We intend to use your personal information in the ordinary course of our business to provide you with the services contemplated on the website. In addition we may send you communications regarding our services and developments in our product offerings or services. You can request us at any time to cease sending you such information.

We are not in the business of selling personal information and therefore we will not disclose your personal information to anyone except as provided in this policy. We will obviously need to disclose personal information to employees of ours who require such information to do their jobs. There may be situations where the law requires us to disclose your personal information. In all other situations we will not disclose your personal information without giving you notice thereof and an opportunity to indicate that your personal information should not be disclosed.

The Site may collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the Site; the pages that you access while at the Site and the Internet address of the Website from which you linked directly to our site. This information is used to help improve the Site, analyze trends, and administer the Site.

We may need to change this policy from time to time in order to address new issues and reflect changes on our site. We will post these changes here so that you will always know what information we gather, how we might use that information, and whether we will disclose that information to anyone. Please refer back to this policy regularly. If you have any questions or concerns about our privacy policy, please send us an E-mail.

By using this website, you signify your acceptance of our Privacy Policy. If you do not agree to this policy, please do not use our site. Your continued use of the website following the posting of changes to these terms will mean that you accept those changes.

THIRD PARTY LINKS

In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence 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 such external sites or resources.

PRODUCT SALES AND AVAILABILITY

All products displayed on our website are subject to availability and will be delivered only within the Republic of South Africa. All prices shown on our website are quoted in South African Rands and are valid and effective only in the Republic of South Africa. We reserve the right to discontinue or change the specifications of our products and services from time to time without notice. We will inform you as soon as possible if any products or services ordered by you are not available.


PRICING & METHODS OF PAYMENT

When you make a purchase with us legal obligations arise and your right to refund of monies paid in any way agreed by us, are limited by our Terms & Conditions. You must not make any purchase through this site unless you understand and agree to all our Terms and Conditions. Once payment is made for the purchase, it is deemed that you have read and understood the Terms & Conditions for such purchase. If you have any queries please contact us before making any purchase for any service through this website. You will be charged the prices that are reflected online, subject to availability. The prices include Value-Added Tax. Special promotions may be subject to certain conditions, including stock availability and limited
offer stipulations. We reserve the right to change pricing at any time without prior notice.

We currently provide 2 (two) payment options:- 1) Electronic Fund Transfers (one of the most widely used ways of sending money online and 2) Direct Deposit (visit a bank nearest to you). (Please view our Methods of Payments Policy)

We reserve the right to refuse, in the interest of fraud prevention, processing any payment for any order, and/or to cancel any purchase partially or completely, with notice given to you. We will be responsible for returning funds for the cancelled portion of the order to you only if you have already paid such funds.

ERRORS

We make every reasonable attempt to display purchase prices and delivery costs accurately. If, however, the product is offered at an erroneous price (or an incorrect delivery cost is displayed), we will not be obliged to supply products at the incorrect price/delivery fee. We will only be liable to return payment already made by you in the case you choose to cancel the sale once you have been made aware of the correct price/delivery fee.

STOCK AVAILABILBITY

We cannot always guarantee availability of stock and will endeavour to deliver a substitute product where possible
if you have authorised us to do so.

DELIVERIES

We make use of a courier company for all deliveries in South Africa. You will be responsible for all delivery costs. We deliver from Monday to Friday, 9am to 5pm. We do not deliver on weekends or public holidays unless specifically requested by you at a higher delivery cost.

We have outsourced all delivery and collection arrangements. Accordingly, we cannot, to the extent permitted by law, be liable for any damage suffered or loss incurred by reason of any acts or omissions of the deliverer, its directors, employees, sub-contractors, agents, representatives and/or affiliates.

We will not be liable for any late deliveries that may occur outside of our control e.g. forces of nature, transport strikes, incorrect delivery address, accidents etc.(Please view our Deliveries Policy)

RETURNS & REFUNDS

Incorrect Product Delivered

We provide our products in unique packaging to allow you to view your purchased product before actually opening the individual product packaging. Please inspect all delivered products, prior to opening the individual product packaging, to ensure that you have received the correct products ordered (style and colour). Please do not accept the product if it is not the product you have ordered. Please notify us immediately on info@flywear.co.za
so that we can resolve the mistake by arranging to deliver the correct product to you as quickly as possible.

Defective Product

If, within a 6 (six) month period, you find your product to be defective please notify us on info@flywear.co.za with a full explanation of the problem you are experiencing. We will then contact you via email to try to assist you in resolving this problem. If we are unable to assist you to resolve the problem please return your product to us using our preferred courier at your own expense. We will then inspect the product and if we find our warranty conditions have not been contravened in any way and the product is genuinely faulty, we will repair or replace the faulty electronic component and reimburse you the collection / delivery costs.

Cancellation

You are entitled to cancel, without reason and without penalty within seven (7) calendar days after the date of receipt of the products. You will need to notify us of the reason for your cancellation by emailing info@flywear.co.za within the seven (7) day period. You must return the products to us in the same condition and packaging as we delivered them to you and you will be required to bear the costs of returning the products. We shall reimburse you for any payments made within 30 days of the date of cancellation. If you do not return the products in the same condition and completeness, we may either reject the cancellation or accept the cancellation and levy a charge against you as a restocking fee.

Exclusions

You may not under any circumstances return non –defective products that have been “made to order” or products that you or any other person has altered, repaired, incorporated or added to where such alteration, repair, incorporation or addition has not been authorized by us.

Delivery delays due to weather conditions, strikes of any nature, incorrect delivery address or an act of terror is not cause for refund or replacement.
(Please view our Returns & Refunds Policy)

MONITORING

We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).

LAW

The Conditions will be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternate jurisdictions.


UPDATING OF THESE TERMS AND CONDITIONS

We reserve the right to change, modify, add or to remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to the Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the positing of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

CONSENT

I understand that all the designs and trademarks are registered to Palbag Industrial Procurements cc t/a FLY Wear and hereby accept the terms and conditions. I undertake not to copy/duplicate the trademarks and designs directly or indirectly in anyway and understand the legal implications thereof. Should I be found to be in violation of this agreement I understand that I will be liable for all legal costs incurred by Palbag Industrial Procurements cc t/a FLY Wear for any civil action or any legal action deemed necessary against me.

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