Introduction
The Fun Store website at https://www.the funstore.co.za (the “Website”) and The Fun Store stores are owned and operated by The Fun Store (Pty) Ltd , Registration Number: 2023/953402/07, a private company duly registered in terms of the Company Laws of the Republic of South Africa with its principal place of business at Fun Store House, 7 Valerie Crescent, Bagleyston, 2192 Gauteng.
Throughout this Website, the terms “we”, “us” and “our” refer to The Fun Store.
These are the Terms and Conditions (the “Terms and Conditions”) between yourself and us, which cover any use of this Website. By accessing and using the Website and/or any services on this Website, you acknowledge that you have fully read and understood the Terms and Conditions and agree to be bound by them.
If you do not accept the Terms and Conditions, please do not continue to use this Website.
If there is any provision in these Terms and Conditions that you do not understand, you may click on the “Contact Us” page for further information before you accept the Terms and Conditions or continue using the Website.
These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”) and the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”)your attention is drawn to these Terms and Conditions because they are important and should be carefully noted. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit, or avoid any right or obligation, as the case may be, created for either you or us under the CPA and ECTA.
Use of Website
By using this Website, you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use this Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions. As such any person who is under the age of 18 will be presumed by us to be accessing this Website and contracting with the consent of their legal guardian.
You have full access to this Website and the products and services offered on this Website. No other use of this Website is permitted without the prior express written consent of The Fun Store’s senior management.
You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of this Website.
You may not use this Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
By creating an account on this Website, you warrant that you will not share your username and/or password to access your account with any third party and that your account will only be accessed by yourself and/or under your supervision, if accessed by a third party. You are solely responsible for maintaining the confidentiality of your username and/or password. Should you suspect or have knowledge of your password being known to anyone else, or is being, or is likely to be, used in an unauthorised manner, it is your responsibility to notify us immediately.
It is your responsibility to ensure all details provided are correct and complete, should your details change once the checkout process has been completed, please notify us via the “Contact Us” page.
We accept no liability for any damages suffered or losses incurred from the use and/or misuse of your password and/or your account.
There may be external hyperlinks appearing on our website at times. These hyperlinks do not necessarily mean we have a relationship with any third party who is linked to our website, nor does this represent our endorsement of the third party, its products and/or services. Your reliance on any information contained in the hyperlink is entirely at your own risk.
We reserve the right to suspend the Website or any part thereof or terminate your account at any time if we, in our sole discretion, determine that you are not shopping or using our website in compliance with these Terms and Conditions or if we believe the information provided by you is untrue, inaccurate, or incomplete.
Purchasing Online
All products on this Website are quoted in South African Rands, inclusive of Value Added Tax (VAT) at the applicable rate and exclusive of delivery charges.
All products displayed on this Website are subject to availability. We reserve the right to limit the quantities of any product purchased on this Website.
Whilst we acknowledge that this Website may be used as a resource for product information of pricing and availability prior to visiting any of our physical stores to purchase the desired product, prices displayed on this Website may vary from the prices in store. Our physical stores will not be obligated to honour online pricing advertised as such.
Once you have selected the products that you wish to purchase, we will provide you with a final opportunity to review your transaction, ensure that all information is correct, correct any mistakes if necessary, or withdraw the transaction before finally placing the order.
Once you have checked out, confirmation of your order will be sent via email to the address nominated by you. Should you notice mistakes at this stage please contact us via the “Contact Us” page and we will do our best to assist you.
Orders placed on this Website constitute your offer to purchase subject to these Terms and Conditions. Once your order is placed on this Website, we will indicate acceptance of your order by way of delivery. Only at this stage, will an agreement be concluded by yourself and us. This is regardless of any communication from us advising that your order has been confirmed.
Although we try our best to execute your order timeously, should we fail to execute your order within 10 working days, you will be entitled to cancel your order with seven (7) days written notice to us via email at: [email protected]
We reserve the right. In our sole discretion, to reject your order by way of cancellation. Should we elect to cancel your order, you will be notified of such cancellation immediately, and a refund will be made, within 5 to 10 working days of notification, into your account of any payments made by you.
We reserve the right to limit the quantity of any product offered for sale on the Website. If unforeseen stock shortages become known after an order has been placed, we reserve the right to amend your order to accord with available stock and credit/refund the applicable difference to you, which we will communicate with you.
We reserve the right to discontinue or change the specifications of our products and services from time to time without notice. We will inform you as soon as possible if any products or services ordered by you are no longer available.
Promotional Pricing
Throughout the year, we will have a variety of online and instore promotions. These promotions are open to all persons, however, delivery of online promotions and purchases are confined to within the borders of the Republic of South Africa. We reserve the right to cancel an order where the delivery address is deemed, at our sole discretion, to be inaccessible for delivery by our service providers.
We will endeavour to ensure all deliveries are timeously received by our customers, however there is a possibility that customers may experience delays in the receipt of their order(s) during promotional periods and peak seasons.
Promotional items are limited and are only subject to stock availability. Should the stock limit be reached, the pricing of the promotional items will thereafter revert to its original price.
A promotional product added to your cart, in no way reserves the item, nor does it guarantee you will receive the items.
We reserve our right to cancel, suspend, amend, or terminate a promotion, at any time and without notice. We will not be deemed liable by any customer, participant and/or third party that arises from the suspension, amendment, cancellation, or termination of a promotion.
Our promotions are subject to, and must be read in conjunction with our existing terms and conditions. Any additional terms and conditions related to a specific promotion are also deemed applicable, in addition to the aforesaid.
Errors
We shall take all reasonable precautions to provide the most accurate information on this Website, this includes but is not limited to images, description, availability, purchase price and delivery charges of the products on this Website. However, should there be any errors of whatsoever nature on this Website, we shall not be liable for any loss, claim or expense arising from such 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 our Returns/Refund Policy.
No order will be processed if we identify a material error in the description of any of products or the purchase prices on this website. If we identify such an error, we reserve the right to cancel your order (or the erroneous portion thereof). In the event of your order being cancelled, you will be notified of such cancellation immediately, and a full refund will be made, within 5 to 10 working days of notification, to your account of any payments made by you.
To the extent of obvious pricing errors, we will take steps to correct the error in the displayed price and take reasonable steps in the circumstances to inform you of the error and the correct price.
We shall not be bound to any incorrect information regarding products displayed on Third-Party platforms.
Methods of Payments
The methods available for payment for purchases made on this Website will be displayed at checkout.
We will debit the total value of your online order against the payment method tendered by you during the check-out process. Your selected payment method will be effected on acceptance of your order and prior to delivery.
By placing orders on our Website, you warrant that you are 18 (eighteen) years or older and that you are authorised to make payment with the chosen payment method and that there are sufficient funds available to pay for the order.
We take extensive steps to ensure that all transactions are secure. All transactions made through the Website are encrypted. You acknowledge that transactions that are performed over the internet may be vulnerable to being intercepted. We will not be liable for any loss that you way suffer as a result of any interception.
Where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. Only credit cards with 3D Secure authentication will be accepted.
Delivery
Deliveries are confined to the borders of the Republic of South Africa.
Deliveries will take place within 10 working days of confirmation of receipt of such order, Monday to Friday from 8h00 to 17h00. We reserve the right to change these delivery times.
Our obligation is fulfilled once your order is despatched to the shipping address nominated on this Website by you for delivery of your order.
We reserve the right to ask for proof of identification upon delivery.
We will not be liable for any incorrect order or delivery where you make an error in the information that you provide to us e.g., if you provide the incorrect delivery address or submit an incorrect order.
We use third party service providers in order to effect delivery. Accordingly, we cannot, to the extent permitted by law, be liable for any damage suffered or loss incurred by reason of any acts or omissions of the deliverer , its directors, employees, sub- contractors, agents, representatives and/or affiliates, once an order is dispatched.
If you have received an order confirmation email from us but your products have not arrived within 10 working days, please contact us for assistance.
Should the delivery address of your order be required to change, this can be done by contacting us using the ‘Contact Us’ page on this Website to effect the change. Please bear in mind that a change of delivery address can only take place should the order still be in the possession of The Fun Store and where the product/s has/have not been dispatched for delivery.
Unfortunately, orders may at times be delayed for a variety of reasons beyond our control. If we are informed of any delays that may occur with your order, we will attempt to notify you as soon as possible.
During peak periods, including but not limited to the festive period and Black Friday, we may receive an influx of purchases taking place on our website. We will strive to do our best to ensure your order(s) is/are delivered timeously, however kindly anticipate delays due to the strain placed on our couriers nationally.
Changes in Terms & Conditions
We reserve the right to modify these Terms and Conditions periodically and without notice. It is your obligation to check these Terms and Conditions regularly for any updates as the current Terms and Conditions will apply to your use of the Website.
Applicable Law
These Terms and Conditions are governed by the Laws of the Republic of South Africa. The Website is controlled, operated and administered within the Republic of South Africa. Any access to the Website from a location outside of the Republic of South Africa where its content is illegal is prohibited. If you access this Website from outside the Republic of South Africa, it is your responsibility to ensure compliance with the local laws.
Jurisdiction
You consent to the exclusive jurisdiction of the Courts of the Republic of South Africa, in respect of any disputes arising from these Terms and Conditions.
Disclaimer
The use of this Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of this Website or reliance on any information on this Website.
Whilst we take reasonable measures to ensure that the content of this Website is accurate and complete, we make no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability, or functionality of this Website or as to the accuracy, completeness, or reliability of any information on this Website. If any such representations or warranties are made by our representatives, we shall not be bound thereby.
We disclaim liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of this Website and/or any content therein unless otherwise provided by law.
Limitations of Liability
We cannot be held liable for any inaccurate information published on this Website and/or any incorrect prices displayed on the Website.
To the extent permissible by law, we will not be liable for any direct, indirect, special or consequential loss or damages howsoever arising out of your use of any of our products.
We will not be liable for any direct, indirect, special or consequential loss or damages howsoever arising including but not limited to, your use of this Website, and or any linked other websites.
Indemnity
You hereby indemnify us against any loss, damage, harm, claim or any other cost whatsoever that we may sustain as a result of your shopping in our stores or use of this Website and/or its contents contrary to these Terms.
You grant us consent to use cookies to identify the computer device with which you connect to this Website.
We reserve the right to restrict your use and access to this Website or part thereof in the event of any unauthorised use.
Notice
We designate 7 Valerie Crescent, Bagleyston, Johannesburg, Gauteng as our official address for receiving formal notices and legal documents related to these Terms and Conditions.
Where we need to give you any notice as provided for in these Terms and Conditions or provide additional information about the products and services supplied to you, we will do so by sending you an email or posting a notice on this Website. You hereby consent to us providing you with notices or information in this way.
We reserve the right to change our address by updating these Terms and Conditions. You acknowledge your chosen delivery address as the legal address. If you wish to change it to a different physical address, you must notify us in writing at least 7 (seven) days in advance. Notices can be sent via hand delivery or email, and must be in English.
Regarding notifications: notices sent by hand are considered received upon delivery, and email notices are considered received on the date specified in the “Read Receipt” notification. All email correspondence between you and us must request a “Read Receipt” to serve as confirmation of receipt.
Complaints & Feedback
We value your feedback regarding our services as it helps us enhance our offerings. Our goal is to address any issues promptly and equitably. If you have encountered an unsatisfactory experience with our company and wish to file a complaint, please email our team at [email protected] or use the Contact Us webpage. Clearly state that you are lodging a complaint and provide specific details about the incident along with your contact information, enabling us to resolve the matter expediently. While we strive to acknowledge your complaint within 24 hours to confirm our active involvement, our objective is to address and resolve the issue within seven (7) working days. This resolution may either entail resolving the complaint entirely or providing you with a timeframe for resolution.
Should you not be satisfied with our response, you may approach the Consumer Goods and Services Ombudsmen, whose details can be found by clicking the following hyperlink: https://www.cgso.org.za/cgso/contact-us/
Intellectual Property
All rights, including copyright, trademark and other intellectual property rights embodied in any logos, text, images, video, audio or other material on this Website are owned by or licensed to us. Unauthorised use, reproduction, modification and/or distribution of the content thereof is strictly prohibited and constitutes an unlawful infringement of our intellectual property rights.