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Terms and Conditions

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. REFER BACK TO THESE TERMS AND CONDITIONS PERIODICALLY.


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. Your use of, and access to this Site constitutes your agreement to the Terms of Use. Funky Bananas reserve the right to amend these terms and conditions at any time without prior notice. Funky Bananas recommends that you read these and refer back to them periodically.

           

Pricing

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. Prices are subject to change without notice. Funky Bananas will take all reasonable efforts to maintain correct prices on the website and sales orders. Should errors occur or items be offered at incorrect prices, Funky Bananas will not be obliged to sell goods at such incorrect prices and shall only be liable to refund. Errors and Omissions excluded.


Shipping

Shipping within South Africa is calculated as follows:

  1. Delivery cost is dependent on the area where delivery is required.  A surcharge will be included for deliveries to farms, remote hospitals, power stations and high risk town ships.
  2. Some delivery areas require a shipping estimate. This will be supplied from the relevant shipper.
  3. Shipping will be charged as on the Sales Order or Invoice, unless otherwise agreed.
  4. The standard shipping charge is R90. Keep in mind outlying areas will be more. This will be reflected on the Sales Order only.
  5. Shipping charges are subject to change without notice.
  6. Courier deliveries cannot be delivered to a PO Box address. Courier deliveries are also dependant on area, size and weight and need to be quoted from the relevant service provider.
  7. PO Box deliveries will be shipped via the Post Office and is to be collected at the relevant Post Office. This will be done via Speed Services.
  8. Requests for special delivery will be quoted on order as per our shipper.
  9. The delivery time is calculated from the time the parcel gets dispatched.
  10. International deliveries will be quoted on order.
  11. 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.

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Lead Times

Funky Bananas will take all measures to ensure that orders be delivered within 4 - 7 working days from receipt of payment. This may vary depending on product ordered, area of delivery and shipping method. Funky Bananas will not be held liable for orders that were paid and required in less than seven days. In instances where the order will take longer than seven working days we will inform the customer as soon as possible. Please also note the lead times on special imported ranges. Funky Bananas will confirm these lead times on order.


Payment

Payment can be made by Credit Card or EFT.

  1. Credit Card
    An authorisation is obtained from the bank when the order is placed. Only when the order is completed will payment be collected. To protect it’s and interests of customers, Funky Bananas scrutinizes all transactions and very carefully to prevent attempted fraud ad a transaction may be refused if not satisfied with its legitimacy. We use PayFast as a carrier for creditcard payments. Please take note of their Terms and Conditions as these also apply.
  2. EFT
  3. Cash payments. PLEASE TAKE NOTE. If payment are made via cash deposit into our account and R30 handling fee will be charged as per our bank. This apply to all cash deposits. 

Proof of payment must be mailed to orders@funkybananas.co.za  or brackenfell@funkybananas.co.za . The order will only be released on clearing or reflection of the payment in our bank account.

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.
c. no transfers must be made from ATM's
d. cheque deposits are subject to a clearing period as set by our bank. No parcel will be sent before such time.
e. no bank deposits are accepted from outside the borders of South Africa.
f. unpaid bank deposit orders are cancelled after five business days.


Stock Availability

Funky Bananas the online shop acts as a catalogue of the products supplied by Funky Bananas. These products are sourced from many suppliers and it is not possible for Funky Bananas to keep stock of every item. All products are dependent on availability when your order is place. Your sales order will be mailed to you within 24 to 48 hours, except on the following, that the order is placed on a public holiday, weekend, or Friday afternoon. In these circumstances you will receive it on the first working day following. Funky Bananas shall take all reasonable efforts to supply the goods that have been ordered, but sometimes it does happen that between the time the order is placed and payment received a item become out of stock, in this case Funky Bananas inform the customer as soon as possible of the shortage and will refund for the item. Funky Bananas will take all reasonable efforts to supply the goods as ordered, but will not be liable for items which become out of stock. Funky Bananas will not be liable for goods that are out of stock from the supplier.


Agreement of Sale

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.

d) Our online ordering feature is designed to assist our customers with pricing and ordering. All orders will be confirmed and finalised by means of a Sales order. E&OE (Errors and omissions excepted.)


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 2 (Two) business days (48 hours) 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 2 (Two) business days (48 hours) 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.

Any items purchased from Funky Bananas are made pursuant to a shipment contract. The risk of loss and title for such items pass to you as the client upon delivery to the specified carrier. Should any items shipped by Funky Bananas be returned, having not reached its intended destination for any reason, an appropriate rate for returning the parcel to the client be charged, including a handling fee.

Concerning discounts. Discounts are only applicable at the time of purchase. It is not the policy of Funky Bananas to refund.

Please note: Due to the nature of our supplies, no products carry any warranty of any sort.


Returns and Refund Policy                                                              

Guarantees are not covered for the goods ordered but Funky Bananas will undertake to:

a) If Funky Bananas supplies the wrong product, 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. 

b) 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.

c) Should you be returning an item due to ordering too many, not liking the item or another reason, you will be liable for the courier costs to return the item.

d) Concerning discounts. Discounts are only applicable at the time of purchase. It is not the policy of Funky Bananas to refund any kind of discount after the purchase is made. Funky Bananas reserves the right to make judgement on an appropriate course of action should an error occur calculating any discounts. If a credit does arise from a discount, this will be kept as a credit for future use by the customer.

e) Returns will not be accepted if items are not in their original packaging. Opened items will not be accepted for return, unless on opening they were found to be damaged. We will not accept any used products for return.

f) Returns will be accepted at the discretion of Funky Bananas. Should you need to return any item, please contact us within 48 hours of receiving your package. Please supply a reason for return, collection address, collection times, contact person and number and special instructions.

g) Funky Bananas is not responsible for the for courier/postage costs in returning the items except where the goods are deemed damaged or wrong product on delivery in which case Funky Bananas will cover any postage costs. 

h) Please note: Due to the nature of our supplies, no products carry any warranty of any sort.


Import Duties

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. 

Intellectual Property Rights
All information, material, graphics and text that appear on this site, Content, are Copyright ©, unless the site indicates the contrary. This site is run and protected under South African and international copyright and trademark laws. No user, whether personal or business, are entitled to copy, frame, modify, reproduce, distribute, transmit or post any content unless written permission has been obtained from Funky Bananas. No user may use the site for any purpose or manner which may violate any right of Funky Bananas or may be prohibited by Term of use of the site.

Hyperlinks
a) 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.

Advertisements
Funky Bananas may from time to time accept banner and other forms of advertisement on this Site. Any such banner or other advertisement or link should be understood to be a paid advertisement and not an implicit or explicit endorsement by Funky Bananas of the content or use of that linked site. Users and members are referred to the linked website for all information in relation to that website. Some may contain offers or representations by the advertiser which will be accepted by linking to their website. These offers are made by the advertiser and not Funky Bananas. The advertiser is and will be solely responsible for the fulfilment of these offers.

Spiders and Crawlers
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.

Disclaimer
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.

Governing Law
This site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law.

Privacy Policy
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/html/govdocs/legislation/2000/act2.pdf.Funky Bananas will in general not sell or rent your personal information to anyone. Please refer to our Privacy Policy.

Security                                                                                                          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. 
All credit card transactions are Secure Socket Layers encrypted.

Changes to Agreement

Funky Bananas may, in its sole discretion, change this agreement or any part thereof at any time without notice.

User License 
 Any user who place any information on any platform of Funky Bananas, grants to Funky Bananas a perpetual, non-exclusive, royalty-free, irrevocable, unrestricted, worldwide license to use, copy, sub license, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display the information or material or any part of it.

Dom cilium
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.

Terms and Termination
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.

All rights not expressly granted herein are reserved.

Errors and Omissions excluded (E&OE)