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Funky Bananas – Terms and Conditions (Online Store)
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOUR PURCHASES.
All users of this site agree that access to and use of this site is subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site
Every product is displayed with its price. If on sale the sale price will display. VAT is payable on goods bought in South Africa. Prices displayed include 14% VAT.
Shipping within South Africa is calculated as follows:
There is no standard delivery time on any products. All depend on availability. Funky Bananas will inform the customer on order of an estimate delivery time. All goods will be shipped at once. Please refer to order number.
Payment can be made by Credit Card, EFT, or Direct Deposit.
Credit card transactions will be acquired for Funky Bananas via PayGate (Pty) Ltd who are the approved payment gateway for ABSA South Africa. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR).
If the buyer select to pay via bank transfer, instructions will be given on how to deposit monies into the Funky Bananas bank account and would it be subject to the following:
a. the exact amount must be paid
b. the payment must be identified by supplying the order number and surname in the reference section of the deposit slip or on the electronic transfer. Proof of payment must be mailed to orders@funkybananas.co.za or faxed to 0865591000. The order will only be released on clearing of the payment in our bank account.
c. no transfers must be made from ATM's
d. cheque deposits are subject to a clearing period as per our bank.
e. no bank deposits are accepted from outside the borders of RSA.
f. unpaid bank deposit orders are cancelled after five business days.
Funky Bananas shall take all reasonable efforts to supply the goods that have been ordered. Funky Bananas will undertake to inform the customer within 24 hours of stock shortages.
Placing an item in a shopping basket without completing the purchase cycle does not:
a) constitute an agreement of sale between Funky Bananas and users cannot hold Funky Bananas liable if such items are not available when the purchase cycle is completed later; and/or
b) constitute an order for such an item; and
c) Funky Bananas may remove such an item from the shopping basket if no stock is available.
An agreement of sale between Funky Bananas and a user only comes into effect if and when:
a) A credit card authorisation is received from the issuing bank; or
b) A deposit of an electronic transfer is reflected on Funky Bananas bank statement (and only if such payment is received within 5 (five) business days after completion of the purchase cycle); or
c) A direct deposit is reflected on Funky Bananas bank statement (and only if such payment is received within 5 (five) business days after completion of the purchase cycle.
Funky Bananas reserves the right to refuse to accept and/or execute an order without giving any reasons. Funky Bananas also reserves the right to cancel orders in whole or in part as circumstances dictate. Funky Bananas shall only be liable to refund monies already paid by the user.
Funky Bananas shall take all reasonable efforts to maintain correct prices. However, should errors occur and items are offered at incorrect prices, Funky Bananas will not be obliged to sell goods at such incorrect prices and shall only be liable to refund monies paid.
Guarantees are not covered for the goods ordered but Funky Bananas will undertake to:
If Funky Bananas supplied the wrong product, then Funky Bananas will exchange it for the correct one within 14 days of the return by the customer. Funky Bananas will make a reasonable effort to exchange the product, but if replacement is not possible, Funky Bananas will refund the purchase price including delivery cost.
Should Funky Bananas be unable to supply the goods ordered or offer alternatives, and should payment have been made, Funky Bananas will refund any amounts owing to the customer.
Refund will be made within 30 days of payment.
Cancelation of orders after payment will attract a 10% cancelation fee.
Import duties may be payable by recipients of goods in foreign countries. Funky Bananas does not know what levies may be payable and cannot calculate or estimate such costs.
No person, business or web site may link to any page on this site without the prior written permission of Funky Bananas. Such permission must be obtained from info@funkybananas.co.za . b) Hyperlinks provided on this site to non-Funky Bananas are provided as is and Funky Bananas does not necessarily agree with, edit or sponsor the content on such web pages.
No person, business or web site may frame this site or any of the pages on this site in any way whatsoever.
No person, business or web site may use any technology to search and gain any information from this site without the prior written permission of Funky Bananas. Such permission could be obtained from info@funkybananas.co.za.
Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, neither Funky Bananas nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this web site or the services or content provided from and through this web site. Furthermore, Funky Bananas makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from errors or omissions or that the service will be 100% uninterrupted and error free. Users are encouraged to report any possible malfunctions and errors to the person referred to.
This web site is supplied on an "as is" basis and has not been compiled or supplied to meet the user's individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with Funky Bananas that the service available from and through this web site will meet the user's individual requirements and be compatible with the user's hardware and/or software.Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of Funky Bananas and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.
All items purchased from Funky Bananas are made pursuant to agreements with shipping and delivery agents and risk of loss pass from Funky Bananas to such agents upon delivery of any item to such carrier.
Neither Funky Bananas nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product sold on this web site.
This site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law
Funky Bananas shall take all reasonable steps to protect the personal information of Users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569
Any person that delivers or attempts to deliver any damaging code to this web site or attempts to gain unauthorised access to any page on this web site shall be prosecuted and civil damages shall be claimed in the event that Funky Bananas suffers any damage or loss.
The user allows Funky Bananas to take all reasonable steps to ensure the integrity and security of the Funky Bananas a site and back-office applications.
Customer details will be stored by Funky Bananas separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za
Funky Bananas may, in its sole discretion, change this agreement or any part thereof at any time without notice.
Funky Bananas chooses as its domicile citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature,5 Lolas Place, Parklands.
This agreement shall commence when the user logs onto the Funky Bananas site and continues indefinitely until terminated by Funky Bananas in terms of Security hereto or for any other reason.
Funky Bananas is a Closed Corporation Reg No: CK2008/068598/23 Directors HJM Geers and AM Geers.
Funky Bananas email address as follows:
info@funkybananas.co.za
orders@funkybananas.co.za
Funky Bananas contact details as follows:
Cell no: 0823466977
Fax: 0865591000