Website Terms and Conditions of Use
These Terms and Conditions (“the Terms and Conditions”) govern your (“the Customer”) use of the Pet Fusion (“Provider”) website located at the domain name https://petfusion.co.za (“the Website”). By accessing and using the Website, the Customer agrees to be bound by the Terms and Conditions set out in this legal notice. The Customer may not access, display, use, download, and/or otherwise copy or distribute Content obtained on the website for marketing and other purposes without the consent of the Provider.
By using this Website or communicating with the Provider by electronic means, the Customer consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.
E-Commerce & Privacy
The Provider is a dog food distribution company. The use of any product or service bought from this Website is at the Customer’s risk. The Customer indemnifies and holds the Provider harmless against any loss, injury or damages which may be sustained as a result of using the products or services sold on the Website.
The private information required for executing the orders placed through the e-commerce facility, namely the Customer’s personal information and credit card details, delivery address and telephone numbers will be kept in the strictest confidence by the Provider and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the product. Credit card details are not kept by the Provider under any circumstances.
The Provider cannot be held responsible for security breaches occurring on the Customer’s electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the Customer may inadvertently have installed on his/her device.
i. Payfast Payment Gateway
All ONLINE credit card payments are processed by the Payfast internet payment gateway. Card Holders may go to http://www.payfast.co.za to view its security policy.
ii. Electronic funds transfers (EFT’s)
Payments can also be made via EFT. Banking details to be provided on request. Please note that delivery might be delayed by 1 or 2 days, as goods will only be released once the funds has cleared in our account.
iii. Debit orders
Payments can also be made via debit order.
All orders will be placed online via our website. The Customer will receive an order confirmation once order has been placed.
It will be the Customer’s responsibility to ensure that information provided are accurate and complete.
The onus will be on the Customer to update such information as the Provider will not be held liable for any inaccuracies or lack of completeness of such information, or any consequential failure to deliver the goods properly.
Additional costs incurred as a result of inaccurate or incomplete information will be charged to the Customer’s account.
Subject to availability and receipt of payment, requests will be processed within 2 to 3 working days. Customer to be notified by email once order has been processed and goods has been released for delivery. Goods will only be delivered to the address provided by the Customer.
The Provider shall not be held liable for any loss and/or damage suffered for failure to deliver goods as per our delivery policy for any reason beyond our control.
Refund and Return Policy
In the event that the goods ordered are not available, the Customer will be notified and a new estimated delivery date will be communicated. The Provider will within reasonable efforts try and source the goods and deliver the goods as soon as possible. In the event that the Provide is unable to deliver the goods, the Customer will be notified, and moneys will be refunded within 7 working days.
The Customer must within 7 days after delivery, inform the Provider by way of email communication, of any goods that are defective.
The Customer will be responsible for the pickup charge, where goods are returned as a result of an error or mistake made by the Customer.
All refunds will be subject to a 5% administration fee and refunds can take up to 2 weeks to clear.
Loyalty program terms and conditions
By becoming a member of the Loyalty Program, a person is deemed to have agreed to these terms and conditions. Anyone who do not agree to be bound by these terms and conditions must notify Petfusion of such refusal in writing, on the happening of which such member’s participation in our Loyalty program will be terminated.
Loyalty program benefits is not transferable and will will accordingly accrue to the named member only.
To earn loyalty points in respect of a qualifying transaction (“Points”), a customer must have registered an account with us. This can be done on our website, www.petfusion.co.za, failing which no Points will be earned in respect of such transaction. It is not possible to earn Points retrospectively in respect of previous qualifying transactions where a member were not a registered on the Loyalty program.
These terms and conditions govern the manner in which Points may be earned, redeemed, retained or forfeited and rewards (switching of points to rands) may be issued. Each Loyalty program member is responsible for familiarising him/herself with the terms and conditions and any correspondence issued by Petfusion to such member to enable the member to understand his/her rights and responsibilities under the Loyalty program.
Any amendment to the terms and conditions, will not affect any points earned or rewards issued to a Loyalty program member prior to the date of such amendment.
Points will accumulate over a stipulated period, which period will be determined and may be varied by Petfusion from time to time (“Qualifying Period”). Any change to the commencement and/or duration of a Qualifying Period will be notified to Loyalty program members.
A member currently earns 1 point for every R5 spent.
Points can be converted into Rewards at any time through a member’s online shopping profile. Any change to how members earn points, currently 1 point for every R5 spent, will be communicated to Loyalty program members.
Points are valid for a period of 12 (twelve) months from date of issue. Petfusion reserves the right to cancel any Points that may have accumulated after the expiry of the 12 (twelve) month period.
Rewards issued are valid for a period of 12 (twelve) months from the date of issue (“Validity Period”) and may be used at any time during the Validity Period. Any Reward not used within the Validity Period will expire at the end of such Validity Period.
Rewards cannot be exchanged for cash.
By becoming a Loyalty program member, each member consents to the following:
- his or her personal information being processed by Petfusion on the Loyalty program database
- his or her personal information being shared with third parties who have a strategic marketing relationship with Petfusion
- receiving printed and electronic marketing material to inform him or her of special offers and products that may be of interest to our Loyalty program members
- and receiving marketing material from third parties who have a strategic marketing relationship with Petfusion
Each Loyalty program member has the right, in accordance with the relevant legislation, to
- obtain access to his/her personal information held by Petfusion
- request the correction, destruction or deletion of his/her personal information held by Petfusion
- object to the processing of his/her personal information.
It furthermore remains the Loyalty program member’s responsibility to inform Petfusion of any changes to his/her personal information
Any Loyalty program member may opt-out of any direct marketing received from Petfusion should he/she so elect, by notifying Petfusion thereof in writing.
Petfusion may, in its sole discretion, terminate the Loyalty program at any time upon notice to the Loyalty program members, provided that the termination will not affect any Points earned or Rewards issued to a member prior to the date of such termination.
Petfusion shall be entitled to cede, assign, delegate or in any other way dispose of any or all of its rights and obligations in terms of Loyalty program without the prior consent of the Loyalty program members.
Updating of these Terms and Conditions
The Provider reserves the rights to change, modify, add or 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 this Website. It is the Customer’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The Customer’s continued use of this Website following the posting of changes or updates will be considered notice of the Customer’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
Copyright and Intellectual Property Rights
The Provider provides certain information at the Website. Content currently or anticipated to be displayed at this Website is provided by the Provider, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“the Content”).
All such proprietary works, and the compilation of the proprietary works, are copyright the Provider, its affiliates or subsidiary, or any other third party owner of such rights (“the Owners”), and is protected by South African and international copyright laws. The Provider reserve the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice.
All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the Customer is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.
Limitation of Liability
The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither the Provider nor any holding company, affiliate or subsidiary of the Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if the Provider is expressly advised thereof.
Privacy: Casual Surfing
The Customer may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the Customer’s computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. The Provider uses this information to determine use of the Website, and to improve Content thereon. The Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.
Choice of Law
This Website is controlled, operated and administered by the Provider from its offices within the Republic of South Africa. Access to the Website from territories or countries where the Content or purchase of the products sold on the Website is illegal is prohibited. The Customer may not use this Website in violation of South African export laws and regulations.
If the Customer accesses this Website from locations outside of South Africa, that Customer is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the Customer consents to the jurisdiction of the Cape Town Magistrate Court in the event of any dispute.
If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Provider and the Customer with regard to the use of the Content and this Website.