FOREVER BRANDS ONLINE SHOPPING TERMS AND CONDITIONS
Definitions “app” refers to a mobile application which runs on a mobile phone, tablet, watch or other mobile device.
These are the terms and conditions that apply when you use one of our websites or apps to buy goods from us (“Online Shopping Terms”). The Online Shopping Terms must be read together with the terms and conditions that apply to the use of our websites and apps.
When you buy goods from us, you agree to and accept all our terms and conditions. You also agree that ForeverBrands and its third party providers may send invoices to you electronically.
3. YOUR ONLINE PROFILE
When you register as an online shopper, you will have to create an online profile. This includes selecting a user name and choosing a password. You will be asked for your credentials (your user name and password) every time that you shop online with us. It is your responsibility to keep your credentials private and secure and not share them with anyone. Only authorised users may access their online profile with their credentials. We accept no liability for any damages or losses that you may suffer from the unauthorised use of your profile. Please refer to our Privacy Statement for more information on how we process your personal data.
4. GOODS AND PRICING
4.1 Goods subject to availability: All goods displayed on our website are subject to availability. If any goods you ordered are not immediately available or are not available at all, we will let you know as soon as possible. Goods are only available for delivery in South Africa.
4.2 Price: The stated prices on our website are in South African Rand and are only valid and effective in South Africa.
4.3 Display: We will use our best efforts to accurately display the goods, specifically regarding their colour, description and price. Please remember however that the way you see the goods is also dependent on the device that you are using to access our websites or apps. We cannot guarantee that the goods you receive will look exactly as you have seen it.
4.4 Orders: Your transaction will only be completed and you will become the owner of the goods:
• once we receive payment from you, and
• when the goods that you have ordered have been delivered to you (or when you have collected the goods).
Once this happens, the transaction is complete and you assume all risk and full responsibility for the goods. We reserve the right to not process an order or to cancel an existing order (partially or completely) if there has been an error. Errors include the goods no longer being available, incorrect price or description of the goods. We will not be bound by errors and we will inform you of such errors as soon as we become aware of them. We will refund you the Rand value that you have paid, only if you have already paid for the cancelled order. We will not be liable for any other loss or claim relating to a transaction based on any error. We are not bound by any incorrect information about goods that are on our third party providers’ websites.
5. DELIVERY, COLLECTION AND STORAGE
5.1 Delivery fee
We will charge a delivery fee for every order you place, which will be quoted and billed at checkout. Express and overnight express deliveries are not available for certain outlying and remote areas, furniture, or for goods purchased from ForeverBrands.
5.2 Additional delivery charges
Additional delivery charges (which will vary, depending on your delivery address) apply to outlying areas. Delivery fees may change at any time without notice to you. The delivery fee and any additional charges applicable to your order will be communicated to you and must be paid when you place an order.
We will arrange for delivery to the delivery address that you provided to us. We are not responsible for any loss or unauthorised use of the goods once we have delivered the goods to the delivery address you have provided to us. We deliver between 09h00 and 17h00 on weekdays (Monday to Friday, excluding public holidays) and we only deliver within South Africa. Our ability to deliver is also always subject to certain factors, including the availability of the goods and the supply of accurate delivery address details.
5.4 Delivery period
We will always do what is reasonably possible (but cannot guarantee that we will be able) to ensure that delivery happens on the agreed date. The delivery date is subject to change due to circumstances beyond our control. We will notify you should there be any delivery-related problems and we are unable to deliver on the agreed date. Once you receive this notification from us, you can decide whether you would like to cancel your order or not. We will refund you the Rand value you have paid if you decide to cancel your order. We will try to deliver all the goods in your order at the same time, but please some goods may not be available at the time of dispatch, particularly during sale periods and high demand periods like Christmas and Black Friday. If an item becomes unavailable, we will attempt to locate it at another store and dispatch it to you as soon as possible. We will notify you if we are unable to fulfil your order. Orders requiring ring sizing may take up to five additional business days to complete.
On delivery of your order, you will receive a delivery note and a returns form. You will receive additional documentation, terms and conditions for mobile devices and certain other electronic devices. You will receive a diamond certificate for jewellery containing a diamond that is 0.50ct or larger. Valuation certificates are provided on request for jewellery items to the value of R10 000 or more.
5.6 Access to the delivery location
You must ensure that we can access the place of delivery, and that the location is cleared for the goods to be delivered.
5.7 Stock availability
We cannot guarantee the availability of stock, but will use reasonable efforts to ensure that stock is available. We will notify you when goods are no longer available after you have placed an order. We will refund you the Rand value for the goods you have purchased. We rely on the information provided to us by our third party providers regarding the availability of their stock. We are not liable for any inaccuracies in the information supplied to us. Please contact our Customer Services or the relevant third party provider if you have any stock-related queries.
5.8 Accepting your delivery
If you are unable to accept the goods yourself, please ensure that you or your authorised representative are available at the delivery address. If anyone else accepts delivery of the goods at the delivery address, they are presumed to be authorised to accept the goods on your behalf. On delivery we will require that you or your authorised representative sign for the goods, write down your or their name and produce a form of identification (for example, an original ID or driver’s licence). This is to confirm that the goods have been received. If no one is at the delivery address to accept delivery, we will contact you to arrange an alternative time. You will be charged additional delivery charges if we cannot deliver the goods to you due to access problems or if you are not available when we deliver the goods. If we are unable to deliver the goods to you after three attempts, or should we deem it appropriate under the circumstances, we reserve the right to cancel your order, deduct charges we have incurred for failed deliveries or additional storage, and refund the balance due to you.
5.9 Inspecting the goods
You must inspect the goods when they are delivered to you. If you are satisfied that the goods are in good condition and not damaged, you or your representative must sign the delivery slip, which will be proof that the goods have been delivered in a good, undamaged condition. If the goods are damaged in any way, you must note the reason for rejecting the goods and the nature of the damage on the delivery slip, notify us immediately and not accept delivery of the goods. If you do not note the reason for rejecting the goods and the nature of the damage on the delivery slip, we are entitled to regard the goods as if they were in good condition and not damaged when delivered to you.
We sometimes make use of courier services to deliver the goods to you. We are not be liable for any damage suffered or any losses incurred arising out of any act or omission by the courier, its directors, employees, sub-contractors, agents or representatives.
6. RETURNS AND GENERAL WARRANTIES
6.1 If you are unhappy with your purchase for any reason (other than if it is defective) and wish to return it, you may do so within 30 (thirty) days of the date that it is delivered to you or collected by you. The goods must be unused, in its original condition and (where applicable) packaging and you must have the invoice, the delivery note or returns form, original certificate, instructions and unused accessories. If you received the goods as a gift, the delivery note or returns form is still required. You cannot return goods if its price tag has been removed, it has been engraved, sized, taken apart or altered, has been permanently installed, is attached or joined to other goods or property at the delivery address, or reasons of public health do not allow its return. For hygiene reasons we do not accept return of jewellery used for piercings. You will not be entitled to a refund or exchange of personalised, resized, engraved, repaired or updated goods.
6.2 Incorrect items delivered Should we accidentally deliver the wrong goods to you, or if the goods are not as described on our website or app, or the goods are missing any parts:
• Please do not remove any of the stickers or labels, or remove the goods from its original packaging.
• Notify us as immediately and we will collect the goods from you at no charge .You can then choose if we should deliver the correct goods to you as soon as possible (if available), or issue you with a refund (using the same method of payment you originally used for the purchase).
6.3 You may return the goods at no additional charge with the invoice, delivery note or returns form. You can also contact our Customer Services at 0814693243 and we will arrange for a courier to collect the goods (jewellery items excluded) within 3-10 working days. If you are returning goods via courier, you will have to complete the returns form, specifying the reason why you are returning the goods. You must also pack the goods into the original packaging. If you are returning goods that are not defective via courier, you will be charged a collection fee.
6.4 You must bring your jewellery goods purchased online ForeverBrands to request a return or exchange – we are not able to collect these goods from you. Exchanges or refunds will only be processed subject to inspection of the goods by our quality assurance team.
6.5 We will refund you in full, minus delivery charges (if applicable), if you meet all the requirements above. If you have received the goods as a gift or if you do not have the original delivery note, invoice or returns form, a refund is not available to you and we will in our sole and absolute discretion decide whether to allow you to exchange the item for goods of the same value (you will not receive the balance in any form if you exchange the goods for other goods of a lower value) in the store where the goods originated, or for a gift card at current price, minus any current promotional discount.
6.6 If goods are faulty or defective and do not have a specific warranty or guarantee, you may return them within 6 (six) months from the date of purchase, provided that the goods have been used for their intended purpose and they have been cared for according to any instructions that accompanied the goods. We may in certain instances require an assessment of the goods and require you to pay us an assessment fee before we do an assessment. If, after we have assessed the goods, we find that the goods are defective or that there are quality issues, we will refund your assessment fee and either repair the goods, replace the goods or refund you the value of the goods in the same way that you paid for the goods. However, if we discover in our assessment that:
6.6.1 you have not adhered to the use, maintenance and care instructions and weight-bearing guidelines of the goods; 6.6.2 the goods are not defective or not affected by quality issues, we will refuse to refund you or accept return of these goods. Longer warranty periods apply to certain goods, for example select furniture items. Please refer to the product page for more information. 6.7 The diamonds in jewellery sold by us do not fund violence. We support the Kimberley Process, which is an international process that ensures trade in diamonds do not fund violence.
You may in certain instances cancel your order. You can cancel your order before it is dispatched for delivery by clicking on the “cancel” button in your order summary. You can find your order by simply typing in the email or cell number you used when you placed the order, and your order number, into the form at the bottom of the site. If you cancel an order and the goods have already left our distribution centre, you will be liable for the delivery fee and a cancellation fee of 10% of the price of the goods. We can only process refunds once we have confirmed that the goods have been returned to our distribution centres. If cancellation of an order is initiated by us, no cancellation fees will be payable. Please refer to the Special Orders tab for terms and conditions that apply to personalised and special order goods. Please contact our Customer Services at 0814693243 if you have any queries regarding cancellation.
8.1 We take reasonable steps to secure your payment information and we use a payment system that is sufficiently secure, with reference to accepted technological standards at the time of the transaction and the type of the transaction concerned. Transacting with us electronically (including transacting on our websites and apps using your credit card details) is safe and secure.
8.2 If you are paying by credit card, we will place a holding reserve of funds for the total cost of your online order. Final payment will only be processed on the finalisation of your order and prior to delivery. If your order will be delivered in more than one batch, we will take full payment at the first shipment. We will also take full payment immediately if the delivery date is 14 days or more into the future (e.g. if you are buying gift registry items). When you submit your order, you warrant that you are authorised to use the card and that there are sufficient funds to pay for the order. You consent to our use of the services of reputable and secure third party payment service providers in order to process credit card transactions and acknowledge that doing so necessitates the disclosure of your credit card information when you make a purchase.
8.3 In the event that you return goods (excluding jewellery items), it will take up to 10 working days to process a refund and for it to reflect on your account.
We are entitled to amend these online shopping terms and conditions, at our sole discretion, from time to time, without notice to you.