FATS ONLINE TERMS & CONDITIONS


Fats Online Terms and Conditions   |   https://fatsonline.co.za


Introduction


1.1

Fatsonline is a South African online industrial related goods supply specialist. The online website store www.fatsonline.co.za is managed and operated within the Republic of South Africa, selling quality goods and products to potential clients through its “website”. The “website” is owned, operated and managed by Fasteners Direct (Pty) Ltd - t/a FATS industrial supply specialists which is a Vat registered company 4120109386, with registered company number 1978/000050/7 and having the proprietary rights to the following but not limited registered domains, www.fatsonline.co.za, www.fdonline.co.za, www.fastnersdirect.co.za, www.fandany.co.za, www.hardwaredirect.co.za, www.boltdepo.co.za, www.boltdepot.co.za, www.tooldepot.co.za and shall hereon in be referred to as “fatsonline”,“fatsonline.co.za", “FATS”, “we”, “us”, “our”, “Provider”, and or the “Website” or where otherwise implied or identified otherwise within these terms and conditions and agreement with or in no preferential order.


1.2

The Terms and Conditions set out herein are binding and shall be enforceable by law against every person, entity or group that gains access or uses this Website. With reference such user, group, entity or person shall hereon in be referred to as (“you”, “your” or “user”, “browser), including and without limitation each or such user who registers or as contemplated below shall also be referred to as the (“registered user”).


1.3

By using the Website it will enable you to shop online for an extensive range of quality goods including but not necessarily limited to Fasteners, Abrasives, Tools and Safety related goods or equipment, General Equipment, Machinery, Tooling, Power tools, Accessories, Parts, Spares, Chemicals, Paint and more, of which such goods and products will be predominantly affiliated but not limited to the industry of the


1.4

Our Website’s Terms and Conditions are binding and shall be indicative of how we govern the processes and control of things, such as pricing, discounts, ordering, sales, quantity of sales and the delivery of such Goods and Products and shall further be set in line of this Agreement, its rules and the use of this Website in general.


1.5

We hereby reserve the right and at our discretion without notice or explanation the non-exclusive, non-transferable, and revocable right to the limited use and access of the website. We also extend this right as well to, the quantity of goods bought / intended to be bought and the usage to browse and shop on our “Website” to any person/s, group/s, affiliate/s and or any other entity as we may deem fit without any formal or direct notice to you. We may where applicable cancel your licence / registration with us and potentially block your usage of the “website” at any time for any reason. We, our affiliates or subsidiary’s reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion. Any unauthorised use of this website will terminate your use of this website. If you do not agree with the change/s we have made, you are advised to stop using this website or alternatively the changed terms and condition will remain in effect and shall apply to you. Please refer further to our Disclaimer of Warranty Policy as well as our expression of Our Rights within this Agreement.


1.6

In accordance to our Terms and Conditions we offer a variety of advertised products and goods which may or could be for sale at such time on our website, either by us directly or by any one of our affiliated, or third-party partner/s and such goods or products will or may be indicated on the relevant product pages and or checkout pages where and when such Goods are for sale. Certain terms within this Terms and Conditions will or may only apply to purchases from such Third-Party Sellers, and others only apply to the purchases from “fatsonline”. This will be made clear in the relevant clauses and or at our check out page/s.


1.7

By using this Website in any way whatsoever, be it by means of landing onto our website, completing your details on our forms, log in panel and or by clicking on our website buttons not limiting to the “Register Now”, “log in “button/s on the Website, as may be applicable, you hereby acknowledge that you have read and thereby agree to be bound unconditionally by these Terms and Conditions set out herein.


1.8

Notwithstanding our Privacy policy, Casual Surfing or “browsing” our website shall mean that any User who browses our website may visit the Website without having to provide any personal information, however such person shall remain to be bound to the terms and conditions set herein. Note however that in such an event or case the casual user is hereby notified that the Website servers may in such instances still have the reserved right to collect the IP address/s of the User/s computer, but not the email address or any other distinguishing information of such user/s. This information is aggregated to measure the number of visits, average time spent on the Website, pages viewed and visited, etc. The Provider may use this information to determine the use of the Website, and or to improve the Content of the website thereon. The Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation to improve, enhance the function, content and future experience of the website.


1.9

You must not use this Website if you do not agree to any of the Terms and Conditions set herein.



Consumer Protection Act and Policy / Special Notice


2.1

We undertake to take the utmost care and responsibility for all aspects relating to the transactional information we gather not limited to but including the sale of any goods and or services where such goods or services are sold on or through this website, including customer support / services, dispute resolution and the delivery of such goods or services which shall and will always be applicable to the policies that are governed in accordance of our standard terms and conditions as so set out in the CPA act accordingly.


2.2

The (CPA), Consumer protection Act - this policy as well as our Terms and Conditions shall apply to all users who use or are consumers of the website. The purpose of the (CPA) is for your and our protection. To better enlighten yourself of your full legal rights and a better understanding of the Consumer Protection Act, 68 of 2008 (the “CPA”) please see the following link https://www.gov.za/documents/consumer-protection-act to access a copy of the “CPA” act for your further perusal and reference to the act which is separate yet part to this agreement.

The Consumer Protection Act (CPA) aims to provide the individual consumer with certain rights and protection. Fatsonline acknowledges and supports the intention and spirit of the (CPA). We commit and aim to uphold the principles of the CPA in all our dealings with you, whether it be through our marketing, the actual sale of goods to you, or our after-sale service. We will always maintain and acknowledge the following minimum criteria as part of our commitment to you by adopting the following principles:


  • - We shall always commit to fair business practices in all our dealings with you.
  • - We will respect you as an individual and respect your rights as a consumer as well as your privacy.
  • - We take note that you may be illiterate or inexperienced as a consumer and that you may not understand all details relating to certain goods or products. You are obliged to advise us in advance before you purchase any goods or products for us to best describe and represent the goods or products you have an interest in.
  • - We will endeavour where possible and within reason to give you the best and proper information and advice on any of the goods that we sell to you and will assist you to understand all the important aspects relating to your purchase/s.
  • - We will always treat you with dignity and respect. 


We guarantee you the peace of mind as a consumer and that you are entitled to certain rights, which we support as follows;


  • - The right to receive safe goods. We will never intentionally sell you goods that may or could be hazardous to health or life. We shall endeavour where humanly possible to inform or remind you of the fact that the goods you have purchased may or could cause you potential harm. Where possible we will try to advise you either on our website, the checkout point or accordingly by means of the supplied label or any other relevant documents, operating manuals that may normally accompany most goods for your further attention and perusal before use. Where applicable, any goods which may cause you harm will generally be supplied with the relevant manufacturers warning, usage information material and that you may be required to follow certain instructions of such goods or products use, applications and or risks. Note that this information will be typically found on or with the products packaging, where you will or may when applicable also find adequate instructions, operational manuals or directions of use as well as on where and what you may use such goods for. It is advisable to always familiarise yourself first with any new product that you purchase, and we will always be there to assist you in the event there is any query or doubt.
  • - The right to receive goods of good quality. All our goods carry at least a 6-month warranty unless otherwise stipulated, however in most instances where a manufacturer’s warranty exceeding the 6-month period, then in such instance such manufacturer’s warranty will and shall apply. For more detail on guarantees and returns, please see and refer to our Peace of Mind policy that deals with these issues in more detail.
  • - The right to information. We will give you adequate information to put you in a position where you can make an informed decision on the goods that you want to buy.
  • - Although we may not always be able to address you in the language you speak at home, we will always try to explain all details to you in a simple and effective manner without using technical terms that may confuse you or that you may not understand. Our advertising material will not intentionally be misleading. Please note that we shall make use of the general acceptable English format within our website, Terms as well as policies – if you would prefer reference of our terms and conditions in an alternative language, we advise you to rather engage with us directly in this instance for us to see where we are able to reasonably accommodate you.
  • - The right to choose. We will endeavour to offer you a range of quality goods at competitive prices and never force you to buy goods you do not want. However, it may from time to time be to your advantage and convenient to you, to buy a combination of goods at a favourable price.
  • - The right of redress. As a consumer you have various options to address any dispute with us. However, we urge you to come and talk to us first if there is any problem you are experiencing as a result of your transaction with us. We commit to give you the opportunity to be heard and will always try to come to a fair settlement if there is an unlikely dispute. 


      We would like to receive your feedback regardless of its nature or content. Your feedback will assist us in making sure that we provide the best possible shopping experience to all our customers. Any feedback can be communicated to us via our websites help page or it may also be given to our customer services counter in-store or feel free to call us on 086 100FATS and we will gladly engage with you.


      2.3

      Our Terms and Conditions may contain provisions which may appear similar, be it in the form of text, format and or style to this clause which may in some instances limit and or reduce the risk or in some instances the liability that of Fasteners Direct (Pty) Ltd , a third party alike affiliated to us, our affiliate/s, partners; or alternatively may create risk or liability for the user; and / or may compel the user or party to indemnify Fasteners Direct (Pty) Ltd or a third party alike affiliated to us, our affiliate/s, partners for any wrong doing; and / or may serve as well as an acknowledgement, by the user, of a fact or notice set within this agreement.


      2.4

      Your attention is drawn to these Terms and Conditions as they are very important and should always be carefully noted and adhered to at all times. Should there be any portion in the provisions set out or prescribed within these Terms and Conditions which you do not fully comprehend or understand clearly and that you would like more information or further clarity on such matter in particular, please note, that it shall remain your responsibility to engage with Fasteners Direct (Pty) ltd in writing first, for us to explain it to you before you accept these Terms and Conditions herein and to avoid continuing to use the Website until such time that you are comfortable and in acceptance of this agreement in full.


      2.5

      Nothing within these Terms and Conditions is intended or to be understood as to unlawfully restrict, limit or avoid any right or obligation as the case may be, be it created or intended for either you or Fasteners Direct (Pty) ltd as per the terms set out in this agreement and the general terms and conditions of the “CPA” act.



      Identification


      3.1

      Our “Website” is accessible to that of the general public who is and must be above the legal tendered age of 18 years old as seen and set out by the permissible law in South Africa and or so recognised as per these terms and Conditions of this agreement. Access to this website shall be made available as well to any, approved traders, suppliers, affiliates or affiliated partners through its registered domains fatsonline.co.za, fdonline.co.za, fastenersdirect.co.za, fandany.co.za, hardwaredirect.co.za, boltdepo.co.za, boltdepot.co.za, tooldepot.co.za, and or through any other approved related or future “website/s”, “mobi-sites”, approved links, software applications and or such links / linked domains either owned or promoted by either “Fatsonline” or appointed third party service provider/s recognised by us at such time and shall equally be bound to these terms and conditions set herein.


      3.2

      Fatsonline” hereby selects and nominates Fairwood House, 201 Fairwood Road, Rosslyn East, Pretoria. 0200, Gauteng Province, South Africa, as its address for the service of all formal notices, written complaints and or any legal processes in connection with this website and as per these “Terms and Conditions” and is hereon shall be known as our (“legal address”).


      3.3

      “Fatsonline” may and reserves the right to change this legal address from time to time by updating it in these “Terms and Conditions” or within its websites contact details without the requirement of prior or written notice to you.


      3.4

      You hereby agree that the selected and inputted delivery address specified and so recorded on our registration format / page on such date and time of your registration within this website or as may be the case the given address used as a guest within this website on such date where you have inputed / changed your details when finally checking out, will be seen, deemed as your confirmed legal address be it for purpose of delivery for goods or products and such place used for delivery of any formal notice by us as and when may be the instance.


      3.5

      Note that you may change and or update your legal address to any other new physical address at any time either by giving “Fatsonline” not less than 7 days’ notice in writing, prior any delivery, or by confirming your delivery and legal address details at the point of check out.


      3.6

      Notices must be sent either by hand*, prepaid registered post*, telefax* or email* and such notice must always be made and done in English at your expense and time.


      3.7

      *All or any legal notices sent by us, will or may be done by one or all the following means -


      3.7.1  by hand and will be deemed to have been received by you on the date of such delivery or presentation thereof.


      3.7.2  by prepaid registered post, delivery will be deemed to have been received by you within 10 days after the date of posting.


      3.7.3  by telefax before 16h30 on any business day and will be deemed to have been received, on the date of successful transmission records of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day.


      3.7.4  by email will be deemed to have been delivered on the date indicated in the “Read Receipt” notification.


      3.7.5  ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof and method that an email has been received.



      Complaints


      4.1

      We are a firm participant to fair and ethical trading practice and firmly prescribe to the practice embodied in the Consumer Goods and Services Industry Code and will diligently act and bound ourselves by it.


      4.2

      An electronic copy of this Code is available at http://www.cgso.org.za/downloads/. In the unlikely event that should you have any complaint about the goods or services provided by us or require further information regarding our internal complaints-handling process, please get in touch with us via our Help page on the “Website” or you can contact us directly by means of our call centre on 086 100 FATS.


      4.3

      If we do not or cannot for whatever reason reasonably resolve your complaint within 15 (fifteen) business days of you having notified us of your complaint in writing, you are legally entitled to approach the Consumer Goods Council and Services Ombudsman (“CGSO”), to assist you in resolving the dispute. The CGSO’s contact details are available on their website http://www.cgso.org.za – or call them on Share call: 0860 000 272 or by Email: complaints@cgso.org.za


      Compliance and legal obligations


      5.1

      For the purposes of our compliance the following is recorded and made available for your reference:

      For the purposes and the compliance to the ECT Act, fatsonline’s information as per the requirement is as follows, which should be read in conjunction together with its product descriptions as well as the other terms and conditions contained on the Website.

      i) Full Name: Fasteners Direct (Pty) Ltd t/a Fats Industrial Supplies, a private company registered in South Africa with registration number 1978/000050/7 and VAT reg # 4120109386


      ii) Main Form of Business: Wholesaler / Retailer / Online Retailer.


      iii) Physical Address: 201 Fairwood Road, Rosslyn East, Pretoria, Gauteng Province, South Africa, 0200


      iv) Office Bearers: Martin Sykora, Dennyse Sykora


      v) Phone number: +27 (012) 541-3336


      vi) Email Address: info@fastenersdirect.co.za


      vii) Please refer to our Returns Policy for more information about returning products (and related refunds, replacements or repairs). The Returns Policy is incorporated by reference and requirement of the ECT act (which means that it forms part of these Terms and Conditions).


      5.1.1 PAIA: The manual published in terms of section 51 of the Promotion of Access to Information Act 2000 may be requested from us directly.


      5.1.2 Third Party Sellers’ information is available in the relevant Product listing and/or via the customer support centre contactable via our Help page.


      5.2

      Browser Terms: This “Website” is owned and operated by Fasteners Direct (Pty) Ltd t/a Fats industrial supplies. By browsing and using our “Website” you hereby agree to the “Policies” and “Terms and Conditions” of use as any other user or registered user alike. All content included on this site, such as text, graphics, logos, buttons, icons, images, and audio or video clips, digital downloads, data compilations, and software, is the sole property of this site’s owner or its content suppliers respectfully and is further protected by international copyright laws. Furthermore, the compilation, intellectual property, ideas, adverts of all the content on this site is the exclusive property of this site’s owner and or its proprietary owners respectfully and is protected by international copyright laws. All software used on this site is the property of this site’s owner and or its software suppliers and is also further protected by international copyright laws.



      General

      6.1

      “Fatsonline” may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the “Website” whether it be partially or wholly, it may also suspend or terminate the user’s right to use the “Website” or any of its contents subject to us processing and fulfilling any orders which are outstanding in accordance to this terms and conditions that may have already been made by you and you have paid for such goods already.

      If any term or condition contained herein is declared invalid, the remaining “Terms and Conditions” will remain in full force and effect.

      No variation, addition, deletion, or agreed cancellation of the “Terms and Conditions” will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.

      No indulgence, extension of time, relaxation or latitude which any party, “us” (the “grantor”) may show grant or allow to the other “you” (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.

      These “Terms and Conditions” contain the whole agreement between you and “Fatsonline” and no other warranty or undertaking is valid, unless contained in this document between the parties.

      Any and all purchases made from the Fatsonline store as well as the use of our site is subject to the terms and conditions that are set out within this agreement and thereby when shopping or browsing this site, you acknowledge that you have read, understood and agreed to be bound by this agreement and all other policies displayed on or within this site.



      Disclaimer of warranty policy

      7.1

      The content/s of this site are expressly provided on an "as is" basis without warranty of any kind whatsoever. The owner of this site, the authors of these contents and in general anybody connected to this site in any way, from now on shall collectively be called the "Providers" within this specific clause, hereby assume no responsibility for errors or omissions in the contents of this website, its policies and or trading terms. The Providers furthermore do not imply, warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of these contents. The Providers shall not be held liable for any direct, indirect, general, special, incidental or consequential damages (including - without limitation - data loss, lost revenues and or loss of profit whatsoever) 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

      8.1

      We reserve the right to:


      8.1.1 Modify, alter or withdraw whether it be deemed temporarily or permanently, the Website (or any part of it) with or without notice to you be it directly or indirectly and that you hereby confirm that we the Providers shall not be held liable to you or any other third party for any inconvenience, loss or damages due to our modification, changes or to our withdrawal of the Website; and/or


      8.1.2 Change of these or any other Conditions which are and may be subject to change from time to time and therefore your continued use of the Website, (or any part of it) following such change, shall be deemed to be your acceptance of such change. It remains your responsibility to regularly check our Terms and conditions as well as our policies to determine whether these Conditions and other changes that have been changed may affect you in any way whatsoever prior to the use of this website. If you do not agree to these conditions or any change/s to the conditions and or terms of use and our policies now or in the future, then you are hereby expressly advised that you must immediately stop using the Website.


      8.1.3 We shall where reasonably possible always make use of all our reasonable endeavours and resources to maintain the highest integrity and accuracy of the Website and its content, quality which will, shall or may be subject to change from time to time without any prior notice to you. You hereby acknowledge that you or any other third party who shall or will make use of our website will not be eligible for any compensation that 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 or that of our “Providers” reasonable control.


      8.1.4 All prices that are advertised are and may be subject to change from time to time and without notice. All prices advertised are subject to change and may be subject to such change and not limited to instances such as exchange rate fluctuation/s, availability, prior sale, out of stock and or any other reasonable adjustment or reason at such time that may be affected but not limited to by macro-economic reasons as well that are beyond that of our or that of our providers control albeit it by error or omission at such time. You further acknowledge that indicated stock levels of all advertised Goods on offer at such time may be limited and that the availability of such stock may change at any time without notice to you. In the case of Goods for sale by “Fatsonline”, “Fatsonline” will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that such offers thereof are disabled, discontinued, paused, reserved or removed from or on the “Website”. However, we cannot guarantee the availability of all the advertised stock. When Goods are no longer available after you have placed an order and you have paid for the goods, “Fatsonline” will notify you and you will be entitled to a full refund of any amount already paid by you for such Goods we fail or cannot commit to supply you. In the case of Goods for sale by a Third-Party Seller, “Fatsonline” relies on inventory information supplied by the relevant Third-Party Seller and “Fatsonline” accordingly bears no liability for any inaccuracies in the information supplied to it by such third party. Consequently, should you order any Goods we advertise from a Third-Party Seller which are in fact sold-out, any resulting dispute will be resolved between you and us and the relevant Third-Party Seller, your respective rights and obligations being as set out in these “Terms and Conditions”. Certain Goods may not be purchased for re-sale. Should we suspect that any such Goods are being purchased for sale, we are entitled to cancel your order immediately on notice to you.


      8.1.5 We offer products for sale, subject to them being in stock with our suppliers at the time of purchase. Being an online shop, we sometime do not physically carry all the stock that we advertise. Feel free to confirm stock levels with us prior to making a purchase should this potentially cause you any delay or inconvenience to you. If you do make a purchase and the item is not in stock, you may request either a full refund or accept a fair agreed expected delivery commitment from us. Please note however that we reserve the right to cancel the order and refund you in full should we deem so fit.


      8.1.6 Errors and Omissions Expected. (E&OE) Privacy Policy & Use of Your E-mail for Our Marketing Mailing List We are committed to protecting your privacy. This privacy policy applies to all the web pages related to this website. All the information gathered in the online form, forums on the website is used to personally identify users that subscribe to this service. The information will not be used for anything other than which is stated in the Terms & Conditions of use for this service. None of the information will be sold or made available to anyone.

      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, analyse trends, and administer the Site to improve or enhance the experience of using our website.

      By registering on Fatsonline.co.za, you agree to be automatically subscribed to our marketing mailing list permitting us to send you newsletters and information about our website, events, promotions, etc. You will have the opportunity to UNSUBSCRIBE at any time, by clicking on the unsubscribe link contained within any of our communications.

      Fats online will not sell, share, or rent your email address or any other personal information collected on this site. We will take all measurable steps to ensure that your details remain confidential at all times.


      If you have any questions or concerns about our privacy policy or use of your e-mail for our marketing mailing list, please send us an E-mail. By using this website, you signify your acceptance of our Privacy Policy and use of your E-mail for our marketing mailing list.



      Third Party Links

      9.1 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 availablity and Delivery Policy


      10.1 All products advertised on the Fatsonline online shop are guaranteed to be genuine and new. Fats online source all products through the official South African distributors. Fats online is an online shop and does not physically hold stock of all the products listed. In most instances the products are shipped directly from our South African suppliers. We are therefore unable to guarantee the availability of stock. We recommend contacting us to confirm availability of stock prior to placing an order. We will only be liable for delivery of products when the products are available. When products are no longer available after conclusion of a sale, we will notify you and you will be entitled to either selected another product or choose to receive a refund in full.


      10.2 Delivery Charges: The price of products advertised on the Fats online online shop delivery charges which are additional unless stated otherwise. Delivery charges will be presented to you during the checkout process and are applicable to deliveries to major centres. Deliveries to outlying areas, plots, hospitals, universities, shopping centres and other non residential type properties may incur additional delivery charges. Delivery charges are therefore subject to change and we reserve the right to requote you on delivery. Should the delivery costs change, we will inform you and you will have the choice to either pay in the difference or cancel your order, in which case we will refund you in full.


      Page is still being updated. Last update: 20 May 2019 13:25pm

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