Terms of Use
Introduction
By accessing or using this site, you (the “Customer“) indicate your unconditional acceptance of these Terms of Use. We reserve the right, in our sole discretion, to update or revise these Terms of Use. Your continued use of the site following the posting of any changes to the Terms of Use constitutes acceptance of those changes. When you purchase items on our site, you enter into a binding agreement governed by these Terms of Use. If you have any questions, you can contact us at howzit@feralfit.co.za.
Minimum Requirements
To place an order with Feral, you confirm that you have the legal capacity to enter into a contract with Feral.
Effect
These Terms of Use shall prevail over any separate terms put forward by you. Any conditions that you submit, propose, or stipulate in whatever form and at whatever time, whether in writing, by email, or orally, are expressly waived and excluded. No other terms or changes to the Terms of Use shall be binding unless agreed in writing and signed by us.
Sales and Pricing
Final checkout prices shown are inclusive of taxes and delivery and are normally representative of the total that you will pay for the ordered Feral Product (the “Product”). You agree to pay the shown price for the products selected (the “Order”).
Feral will change prices at any time until such a time as they issue an “Acceptance of Order” notice. If the total price differs from what was shown at checkout, you reserve the right to ask for a full refund instead of paying the difference. Your Order remains valid as an offer until we issue our Acceptance of Order. We shall not be under any obligation to supply the Product to you until we have accepted your Order. Unless expressly stating that we accept your order, an email or other Confirmation of your Order by us is purely for information purposes and does not constitute the Acceptance of Order. Delivery of the Order also constitutes the Acceptance of Order.
We shall take reasonable efforts to accurately reflect the description, availability, purchase price, and delivery charges of Products on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim, or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy (as set out below).
You shall pay for the Product in full at the time of ordering by supplying us with your credit or debit card details from a credit card company acceptable to us, which we require in order to process your Order. Alternatively, you may pay by any method that we have said is acceptable to us, but in any event, we shall not be bound to supply before we have received cleared funds in full. We reserve the right to perform a credit check and to reject/not to offer certain forms of payment and to refer you to our other forms of payment.
We may ask for further proof that you are fully entitled to use a card (or other form of payment) that you have used to purchase the Products before releasing your Product.
It is your responsibility to ensure that all details you have supplied us are correct and continue to be accurate. Any costs that may arise out of incorrect details will be for the Customer’s account.
If you realize that you have made a mistake with your Order after you have completed the checkout process, please contact howzit@feralfit.co.za immediately. However, we cannot guarantee that we will be able to accept any changes to your Order in accordance with your instructions.
In cases where there is more than one item in your Order, we reserve the right to not supply some Items that make up your complete Order. In such a case, we will only refund you for the items that are not available.
Cancellation
We reserve the right to refuse to accept or process payment on any Order, and/or to cancel any sale concluded between you and Feral, in whole or in part, if the Product is not available for any reason. We will notify you if this is the case and return any payment that you have made, and accept no liability which may arise as a result of such refusal to process any Order.
We will usually aim to refund any money received from you using the same method originally used by you to pay for the Product.
If fraud is suspected, we may choose not to refund the payment but rather lodge a case with the police and relevant banking authority immediately.
Delivery of our Products
Returning and Exchanging Products
Feral will provide a full refund for Orders conditional on the below:
Return your items in the same condition as you received them; unworn, unused, unwashed.
Force Majeure
Feral shall not be liable for any delay in performing any of its obligations under these Terms of Use if such delay is caused by circumstances beyond the reasonable control of Feral, and Feral shall be entitled to a reasonable extension of time for the performance of such obligations.
Product Availability
You acknowledge that stock of all Products on offer is limited and that pricing may change at any time without notice to you. We will take reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the website.
However, we cannot guarantee the availability of our Products. When Products are no longer available after placing an Order, we will notify you and you will be entitled to a refund of the amount paid by you for such Products.
Our obligation to deliver a Product to you is fulfilled when we deliver the Product to the physical address nominated by you for delivery of the Order.
Reserved Cart
Products are reserved for 10 minutes once they have been added to your cart. Once the 10 minutes have lapsed, products may be removed from the shopping cart or reserved for other customers. Placing Products in the shopping cart without completing the purchase cycle does not constitute an Order for such Products, and as such, Products may be removed from the shopping cart if stock is no longer available or the price thereof might change without notice to you. Feral will not be held liable if such Products are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
Coupons and Promotions
You may use a coupon code or promotion towards your payment for items purchased on the site. To redeem a coupon code, insert the code on your My Cart page or Checkout page.
Promotions that do not require a coupon code will be automatically applied to your cart. It is your responsibility to check that the discount has been applied to your cart before checking out. Coupon codes cannot be applied to the order once the Order has been placed. If a coupon code was not applied, we cannot credit/refund the discount for the coupon that was not applied.
Coupon codes and promotions may have certain expiry dates associated with them. If you fail to use the coupon code prior to this date, it will no longer be valid and no replacement will be issued. It is your responsibility to ensure the coupon code is used prior to it expiring.
Only one coupon code/promo/offer can be used per Order.
If an Order is cancelled or returned, the coupon code or promotion used cannot be reinstated.
Marketing Consent
By providing your contact information, you consent to receive marketing communications from Feral. You can opt-out of these communications at any time by following the unsubscribe link in the emails or by contacting us at howzit@feralfit.co.za.
Anti-Bribery and Corruption
Feral is committed to conducting business ethically and in compliance with all applicable laws, including anti-bribery and anti-corruption laws. You agree not to engage in any activity, practice, or conduct that would constitute an offense under any applicable anti-bribery or anti-corruption legislation. You must promptly report to us any request or demand for any undue financial or other advantage of any kind received by you in connection with the performance of these Terms of Use.
Limitation of Liability
To the maximum extent permitted by law, Feral shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the Site; (ii) any unauthorised access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from our Site; (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our Site by any third party; (v) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Site; and/or (vi) the defamatory, offensive, or illegal conduct of any third party.
In no event shall Feral’s total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing the Site or purchasing products from the Site.
Complaints
If you have any complaints, please contact us at howzit@feralfit.co.za. We will acknowledge receipt of your complaint and respond within 3 business days.
Governing Law
These Terms of Use are governed by and construed in accordance with the laws of South Africa.
Dispute Resolution
Any disputes arising out of or in connection with these Terms of Use shall be subject to the exclusive jurisdiction of the Magistrates’ Court of South Africa.
Address for Notices
Feral chooses as its address for all purposes under these Terms of Use, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following email address: howzit@feralfit.co.za.
