General Terms and Conditions
1. Scope of application / Deadlines
1.1 All purchases and deliveries are made exclusively under these General Terms and Conditions. Terms and conditions conflicting with or deviating from the following provisions shall have no application.
1.2 Insofar as the term “Consumer” is mentioned in these General Terms and Conditions, this shall refer to any natural person for whom the purpose of the order can be attributed to neither a commercial nor independent professional activity.
1.3 If deadlines are specified on working days, these shall include all weekdays except Saturdays, Sundays and public holidays in the canton of South Africa.
2.Storage capability and access to contract text
2.1. You can view, print or save these General Terms and Conditions on our website
2.2. Your order will be confirmed to you personally by email after the contacting us with your order detail. This order confirmation email will contain your order details.
3.Conclusion of contract
3.1 By replying with a confirmtion e-mail on the order confirmation as referred to in 2.2 above, you submit a binding order for the goods as described in the e-mail confirmation. We shall also inform you about the progress of your order.
3.2 A binding contract does not occur for us until the ordered goods are dispatched.
3.3 Dispatching of the ordered goods occurs only after the full sum of the purchase price has been credited to our account. If we have not received your payment within 10 days of the order confirmation, we shall withdraw from the contract with the consequence that your order will be invalidated and we shall have no obligation to deliver.
4.1 For orders via our Internet site the prices quoted in the offer at the time of ordering shall apply.
4.2 The prices quoted are in South African Rand (ZAR).
4.3 The prices quoted are inclusive prices, i.e. they include statutory applicable VAT and shipping costs.
5.Shipping costs and customs duties
5.1 We assume the shipping costs.
6.1 We offer payment by bank transfer and direct deposit.
6.2 Bank and/or transfer costs shall be borne by the Consumer.
7.Delivery, delivery times and delivery partners
7.1 Goods available directly in stock shall be delivered immediately upon receipt of payment, generally within a maximum of five working days. We shall advise you of any different delivery times. Some outlaying areas may require a longer delivery time.
7.2 We use DHL Express or FedEx for the deliveries. Shipping occurs with insurance , the risk of accidental loss and accidental deterioration of the goods sold with sales shipment passes to the Consumer or to a recipient specified by the latter upon delivery of the goods. This applies regardless of whether the shipment is made with or without insurance.
7.3 Should the goods be unavailable, we will refund any advance payment immediately and in full.
7.4 Delivery times shall be extended appropriately in the case of circumstances of force majeure impeding delivery. Force majeure includes circumstances such as strikes, lockouts, official interventions, energy and raw material shortages, transport bottlenecks and operational hindrances for which we are not responsible, caused for example by fire, water and damage to machinery, and any other obstructions, which when considered objectively have not been culpably caused by us. We shall inform you of the beginning and end of such hindrances as soon as possible. If the impediment to performance in the aforementioned cases lasts for a period of more than four weeks after the originally applicable delivery times, you shall be entitled to cancel the contract. There shall be no further claims, especially claims for damage compensation.
8.Right of return
8.1 For all purchases there shall be a right of return period of 14 days from receipt of goods. You shall bear the costs of this return shipment.
8.2 You can cancel the contract by returning the goods to us via DHL or FedEx within 14 days of receipt of goods (period beginning on the day following receipt of the goods) including return form, original packaging and warranty certificates. The timely dispatch shall be sufficient to meet the deadline. A precondition for exercising the right of return, however, is that you have worn the goods only for the purposes of trying them on, as in a retail store, and that you return the goods complete and undamaged. We also request that you return the goods to us in their original packaging (return address to be supplied on request)
8.3 If there are scratches or wear on the goods, we reserve the right not to accept these back and to return them at the cost of the customer. If the returned goods are accepted, repayment shall be made in all cases to the account you used for payment. Please make sure that you have access to the bank account specified, because Fortis-SA assumes no liability in this respect.
9.Inspection and warranty
9.1 Any notices of defects and defective goods should be sent within 14 days via DHL or FedEX with a written statement of the defects, including original packaging and warranty certificates.
10.Applicable law, place of jurisdiction
10.1 South African law shall apply.
10.2 The place of performance and exclusive jurisdiction for all disputes arising in connection with our deliveries and from the relationship between us and the Consumer shall be Cape Town (Sout Africa). We shall, however, also be entitled to sue the customer at their respective place of residence.
Cape Town, August 2016