Terms & Conditions

These terms and conditions are the contract between you and Fiege (Pty) Ltd (“us”, “we”, etc). By visiting or using Our Website, you agree to be bound by them. Our suppliers may also impose additional terms and conditions specific to their products to which you will be subject.

Fiege is a trade name of Fiege (Pty) Ltd, [2020/746800/07 registered in the Republic of South Africa], whose [registered office / address] is at 4 Antrasiet Street, Roodekrans, Roodepoort, Johannesburg, 1702.

By using this Service  you confirm that you are at least 18 years old, you are the majority age in your country and have legal capacity to enter into a contract.

1. Definitions

“Service”
means the service we provide to you via the Fiege website.

“Content”
means the textual, visual or audio content that is encountered as part of your experience using the Fiege Website. It may include, among other things: text, images, sounds, videos and animations. It includes content Posted by you and all of the content provided by our Partners to inform illustrate and promote sales of the Products.

“Copy or Publish”
with reference to the Fiege website, means reproducing or publishing in whole or in part, using any means, in any medium. It includes breaking up, changing, cropping or any other change or use as part of some other software.

“Device”
includes any device, workstation, electronic application or electronic receiving device.

“Our Website”
means any website or service designed for electronic access by mobile or fixed devices which is owned or operated by us. It includes all of the hardware and software installations that enable Our Website to function.

“Post”
means place on or into Our Website any Content or material of any sort by any means.

“Product”
means any product offered for sale on Our Website, through any medium.

“Software”
means the software which constitutes Fiege Services or which provides any electronic function which supports the use of it.

2.  Your account and personal information

2.1. When you visit Our Website, you accept responsibility for any action done by any person using your name, account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.

2.2. You agree that you have provided accurate, up to date, and complete information about yourself. We are not responsible for any error made as a result of such information being
inaccurate.

2.3. You agree to notify us of any changes in your information immediately if it occurs. If you do not do so, we may terminate this agreement.

3. The buying procedure

3.1. Fiege is not responsible for the fulfilment of your contract to buy a Product.

3.2. Prices listed on Our Website are exclusive of any applicable sales tax.

3.3. Unless it is clear to the contrary, you may assume that every sale is made by Fiege.

3.4. Products may be offered for sale subject to any discount or promotion arranged by Fiege.

3.5. If, by mistake, we have under-priced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before we dispatch it to you.

3.6. Subject to discounts and promotions, Products are offered for sale at a fixed price.

3.7. All Products will be subject to a delivery fee which will be payable upon checkout.

3.8. Neither we, nor the Drivers can be responsible for action by any governmental authority. We do not know and are not responsible for duties, delays or impounding of any item.

3.9. To make future use of Our Website easier and faster for you, we will retain the personal and delivery information you give to us. We will not retain information relating to your payment or credit card. This financial information never comes into our control. The information is given into a page which is in reality a page of our payment service provider. For detailed about disclosure of personal information please see our privacy policy.

4. Acceptance

4.1. At any time before a Product is despatched, Fiege may decline to supply the Product to you without giving any reason.

5. Fiege guarantee

5.1. To give you the utmost confidence in the Fiege experience, we offer you an after sales guarantee:

5.2. If Fiege fails to supply a Product to you for which you have paid, or supplies a Product which is substantially different from what you ordered, we will refund the cost to you.

5.3. The guarantee set out in this paragraph is non contractual. We shall operate it at our entire discretion.

6. Consumer protection: cancellation and refunds

This and the following paragraph are not contractually part of this agreement. These are statements of your rights as a consumer as defined in the Electronic Communications and Transactions Act 2002 and our company procedures . 

6.1. Products are delivered within 7 days from the day you place an order to purchase a Product.

6.2. You may cancel your order up to 24 hours after you make a purchase.

6.3. If you would like to return a product due to our or the driver’s negligence, Fiege will collect and return the item and a refund will be made.

6.4. The option to cancel your order is not available:

6.4.1 if you purchase sealed goods which relate to health or hygiene, and they become unsealed after delivery, or cannot be re-sold for some other reason;

6.4.2 sealed audio or sealed video recordings or sealed computer software, if these become unsealed after delivery;

6.4.2 if the goods become mixed inseparably (according to their nature) with other items after delivery.

6.5 In the event of cancellation of an order by you in compliance with these terms, Fiege will refund any money due to you within 2-5 days.

6.6. This paragraph does not affect your rights in the event that the Products are faulty.

7. Products returned

These provisions apply in the event that you return any Product to Fiege for any reason:

7.1. You should examine Product on receipt to check for possible defects and to satisfy yourself that it complies with your order, is of merchantable quality and in safe, clean and usable condition.

7.2. The Product must be returned to Fiege as soon as any defect is discovered but not later than 7 days for non-perishable items only. Fresh food items cannot be returned.

7.3. So far as possible, a Product should be returned:

7.3.1 with both Product and all packaging as far as possible in their original condition;

7.3.2 securely wrapped;

7.3.3 including Fiege’s delivery slip;

7.3.4 at your risk and cost.

7.4. In returning a defective Product, please enclose with it a note clearly stating the fault and when it arises or arose.

7.5. If the Fiege agrees that the Product is defective,  will send a new item to you or refund the full cost you have paid.

8. Security of your credit card

We take care to make Our Website safe for you to use.

8.1. Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.

8.2. If you have asked us to remember your credit card details in readiness for your next purchase or subscription, we will securely store your payment details on our systems. These details will be fully encrypted and only used to process your automatic monthly payments or other transactions which you have initiated.

9. Interruption to our Service

9.1. We give no warranty that our Service will be satisfactory to you.

9.2. We will do all we can to maintain access to Our Website, but it may be necessary for us to suspend all or part of our Service for repairs, maintenance or other reason. We may do so without telling you first.

9.3. You acknowledge that our Service may also be interrupted for reasons beyond our control.

9.4. You agree that we are not liable to you for any loss whether foreseeable or not, arising as a result of interruption to our Service.

10. Disclaimers and limitation of liability

10.1. All implied conditions, warranties and terms are excluded from this agreement.

10.2. Our Website includes Content Provided by our partners if you come across any Content which offends against this document, please contact us via the “Contact us” page on Our Website.

10.3. You are advised that Content may include technical inaccuracies or typographical errors. We would be grateful if you bring to our immediate attention, any that you find.

10.4. Our Website contains links to other Internet websites. We have neither power nor control over any such website. You acknowledge and agree that we shall not be liable in any way for the content of any such linked website, nor for any loss or damage arising from your use of any such website.

10.5. We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.

10.6. We shall not be liable to you for any loss or expense which is:

10.6.1 indirect or consequential loss; or

10.6.2 economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.

10.7. You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid Us for a Product.

10.8. This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us.

11. Indemnity

You agree to indemnify us against any loss, damage or liability, suffered by us at any time and arising out of:

11.1. any act, neglect or default of yours in connection with this agreement or your use of the Services;

11.2. your breach of this agreement;

11.3. your failure to comply with any law;

11.4. a contractual claim arising from your use of the Services.

12. Miscellaneous matters

12.1. If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.

12.2. The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.

12.3. Fiege respects your privacy, takes reasonable steps to protect your personal information as defined in the Promotion of Access to Information Act 2000 and Protection of Personal Information Act 2013. Our compliance with the legislation is set out in Privacy Policy.

12.4. No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.

12.5. Any communication to be served on either of the Parties by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.

It shall be deemed to have been delivered:
– if delivered by hand: on the day of delivery;
– if sent by post to the correct address: within 72 hours of posting;
– If sent by e-mail to the address from which the receiving party has last sent e-mail: within 24 hours if no notice of non-receipt has been received by the sender.

12.6. In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation. If a dispute arises between us, you agree that it shall be resolved finally in accordance with the Rules of the Arbitration Foundation of South Africa (AFSA) by an arbitrator appointed by AFSA in an arbitration forum of our choice in Gauteng, The Western Cape or Kwa-Zulu Natal in South Africa.

12.7. This agreement does not give any right to any third party.

12.8. Neither party shall be liable for any breach of its obligations resulting from causes beyond its reasonable control including strikes of its own employees.

12.9. In the event of any conflict between any term of this agreement and the provisions of the memorandum of incorporation of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.

12.10. The validity, construction and performance of this agreement shall be governed by the laws of the Republic of South Africa.

13. Liquor Policy

No sales to under 18’s

Fiege will not sell any alcoholic product to any person under the age of 18. We reserve the right to request proof of age (Identity document / passport). You agree to the terms mentioned in this policy and confirm that you are above the age of 18 should you make any alcoholic purchase on the Fiege website.

 

Changes To This Agreement

We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions.