Terms and Conditions

Web Disclaimer

This website is owned and operated by Formulage (Pty) Ltd.

 

General Terms and Conditions for the Formulage website:

Your access to and use of the Formulage.co.za website is subject to the following Terms and Conditions. The products and services offered by or through the Formulage.co.za website and any sales concluded in respect thereof are also made available subject to the following Terms and Conditions.   BY USING THE FORMULAGE.CO.ZA WEBSITE, YOU RECOGNIZE THAT YOU’VE READ, UNDERSTOOD AND AGREE TO BE BOUND BY, AND TO COMPLY WITH, THESE TERMS AND CONDITIONS AND ANY FURTHER TERMS AND CONDITIONS THAT FORMULAGE (THE PROPRIETOR / WE) MAY PRESCRIBE FROM TIME TO TIME. OUR PRIVACY POLICY, RETURNS POLICY, DELIVERY POLICY, PAYMENT SECURITY POLICY AND COOKIES POLICY FORM PART OF AND MUST BE READ WITH THESE TERMS AND CONDITIONS. WE RESERVE OUR RIGHT TO MAKE CHANGES TO THIS SITE AND THESE DISCLAIMERS, TERMS AND CONDITIONS AT ANY TIME.

Please read these Terms and Conditions carefully.

We reserve our right to suspend our website or any part thereof or terminate your account at any time if we, in our sole discretion, determine that you are not using the website in compliance with these Terms and Conditions or if we believe the information provided by you is untrue, inaccurate or incomplete.  

Purchasing Products

This website allows you to browse, select and order products advertised on the site as long as such products are available and not sold out. You must complete the customer registration process through the site before placing an order for products through the site. Any personal information that you give us will be held and used by us in accordance with our privacy policy. You may update, edit or terminate your account at any time through the site. Any order placed through this site is an offer by you to purchase the particular product for the price notified (including the delivery and other charges) at the time you place the order.  We may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the site. You agree to provide us with current, complete and accurate details when asked to do so. We reserve the right to accept or reject your offer (in whole or in part) for any reason. Upon acceptance by Formulage of your offer, a binding contract of sale upon the terms set forth in these Terms and Conditions shall be deemed to be concluded in respect of the goods that Formulage has agreed to supply to you. Each order that is accepted by Formulage shall constitute a separate and distinct contract of sale in respect of the goods forming the subject of such order. If we reject an order (or part thereof) placed through the site, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order. Products on the site cannot be reserved to be bought at a later stage, and placing an item in your “wishlist” or “basket” without completing the order does not amount to an order. The invoice for your purchase will be emailed to you at the email address you provide to us, which you have authorised us to send our invoice to. A copy of this invoice will be included in your parcel We reserve the right to cancel or refuse to process any order made by you in the event of a breach of any of our Terms and Conditions, by giving written notice of our election to do so to you.  

Passing of risk & Reservation of Ownership

Risk in the Products will pass to you or your authorised representative on delivery to your nominated address. These Terms and Conditions are in no way intended to deprive you, if you are a “consumer” contemplated under the Electronic Communications and Transactions Act 25 of 2002 (ECTA) of your right to cancel an agreement for the supply of goods within seven days after the date of the receipt of the goods, subject to a handling fee / the reasonable cost of returning the goods, which will be off-set against the refunded purchase price. You are a consumer under ECTA if you are an individual who will use the goods you buy. A full record of your transactions on our website will be available instantly on your account.  

Availability of Products

Please note that all products displayed on our website are subject to availability. We will inform you as soon as possible if any products or services ordered by you are not available. For more information, see our Returns Policy which forms part of these Terms and Conditions. We reserve the right to discontinue or change the specifications of our products from time to time without notice to you. However, the specifications of a particular product will not be changed after order confirmation and before delivery of that product to you.  

Prices

All prices shown on our website are quoted in South African Rands and are valid and effective only in the Republic of South Africa. Prices advertised online are exclusive to the Formulage Online Store and may differ at other Formulage Distributors. Prices may fluctuate due to page caches, updates or sales ending.  

Payment

Formulage accepts payments made by Visa and Mastercard credit cards or EFT only. For Visa or Mastercard credit cards, when you order online, funds equal to the total value of your order will be reserved against the card you are paying with during the checkout process. By submitting your order and payment card details you warrant that you are authorised to make payment with the payment card and that there are sufficient funds available to pay for the order. For EFT payments, once the payment has been received and verified, the order will be packed and despatched to you. For our Payment Security Policy, click here.  

Set-Off

Formulage may without notice to you set-off any amounts owed to you by it against any liability or debt of yours owing to Formulage arising from any cause whatsoever, whether or not such liability is liquidated or unliquidated, present or future, accrued or contingent.  

Delivery

For our delivery terms, click here.  

Refunds, Returns and Exchanges

For our policy on refunds, returns and exchanges, click here.  

Privacy Policy

For information regarding our privacy policy and how we protect your personal information, click here.   For information regarding our Cookie Policy, click here.  

Amendments to Terms And Conditions

We may periodically update or change our Terms and Conditions. It is your responsibility to check them from time to time as your continued use of our website means that you accept any updated or revised terms and conditions.  

Copyright of Formulage Content

All content included on this website, such as text, graphics, logos, button icons, images, maps, databases and software, is the property of Formulage or its content suppliers (or the copyright holder where we have obtained their permission to use their material)  and protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on this website is the exclusive property of Formulage and protected by South African and international copyright laws. WITHOUT DEROGATING (TAKING AWAY) FROM THE ABOVE, WE AUTHORISE YOU TO VIEW, COPY, DOWNLOAD TO A LOCAL DRIVE, PRINT AND DISTRIBUTE THE CONTENT OF THIS WEBSITE, OR PARTS THEREOF, PROVIDED THAT:   SUCH CONTENT IS USED FOR INFORMATION PURPOSES ONLY; AND SUCH CONTENT IS USED FOR NON-COMMERCIAL PURPOSES. NO OTHER LICENCE OR RIGHT IS GRANTED.   You are expressly prohibited from incorporating any of the material from this website in any other work, publication or website of your own or belonging to another person.   Any reproduction of material from this website or portion of this website must include this entire clause “Copyright of Formulage Content”.  

Liability Disclaimer And Limitation of Liability

We do not display the products or information regarding them on this site in a manner which is misleading, fraudulent or deceptive in any way. We also provide rights of return of products in our Returns Policy.

 

HOWEVER, THE INFORMATION AND OTHER CONTENT PUBLISHED ON THIS WEBSITE, INCLUDING WITHOUT LIMITATION, TEXT, GRAPHICS AND LINKS ARE PROVIDED ON AN “AS IS” BASIS. THE FORMULAGE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE INFORMATION AND OTHER CONTENT INCLUDED ON THIS SITE. WITHOUT LIMITING THE GENERALITY OF THIS DISCLAIMER:

  1. FORMULAGE DOES NOT WARRANT THAT THIS WEBSITE WILL BE ERROR FREE, OR WILL MEET ANY PARTICULAR CRITERIA OF ACCURACY, COMPLETENESS OR RELIABILITY OF INFORMATION, PERFORMANCE OR QUALITY.
  2. ALTHOUGH THE FORMULAGE HAS TAKEN REASONABLE MEASURES TO ENSURE THE INTEGRITY OF THIS WEBSITE AND ITS CONTENTS, NO WARRANTY, WHETHER EXPRESS OR IMPLIED, IS GIVEN THAT ANY FILES, DOWNLOADS OR APPLICATIONS AVAILABLE ON THIS WEBSITE ARE FREE OF VIRUSES, TROJANS, BOMBS, TIME-LOCKS OR ANY OTHER DATA OR CODE WHICH HAS THE ABILITY TO CORRUPT OR AFFECT THE OPERATION OF YOUR SYSTEM.

APART FROM ANY EXPRESS WARRANTIES ON THE PRODUCTS WE SUPPLY, WE GIVE NO WARRANTY ON THE PRODUCTS SOLD OVER THIS WEBSITE EXCEPT THOSE CONTEMPLATED IN SECTION 55 OF THE CONSUMER PROTECTION ACT, 2008 (CPA) AND ONLY IF YOU ARE A “CONSUMER” UNDER THE CPA. PLEASE PAY SPECIAL ATTENTION TO THE FOLLOWING: YOU ACKNOWLEDGE THAT YOUR USE OF THE PRODUCTS MADE AVAILABLE ON THIS WEBSITE IS AT YOUR OWN RISK. FOR YOUR OWN SAFETY, PLEASE CAREFULLY CONSIDER AND FOLLOW THE WARNINGS OR OTHER INSTRUCTIONS ON THE PRODUCTS. THIS ALL MEANS THAT IF YOU BUY THE PRODUCTS AND TRY TO USE THEM, YOU DO SO ON THE BASIS THAT IF YOU (OR ANY THIRD PARTY) SUFFER ANY INJURY, HARM OR LOSS ASSOCIATED WITH THE PRODUCTS YOU (AND ANY THIRD PARTY) WILL HAVE NO CLAIM AGAINST US (TO THE EXTENT PERMISSIBLE IN LAW). YOU WILL BE RESPONSIBLE FOR PAYING FOR ANY HARM OR LOSSES YOU OR ANY THIRD PARTY SUFFERS AS A RESULT OF THE PRODUCTS.   Limitation  of liability IN NO EVENT SHALL FORMULAGE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONTINGENT OR CONSEQUENTIAL DAMAGES WHATSOEVER, HOWEVER THEY MAY ARISE, OUT OF OR IN ANY WAY CONNECTED WITH: THE USE OF THIS WEBSITE, THE INABILITY TO USE THIS WEBSITE, THE OPERATIONAL FAILURE OF THIS WEBSITE, ANY INFORMATION, DATA, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE, WHETHER BASED ON CONTRACT, DELICT, STRICT LIABILITY OR OTHERWISE, EVEN IF FORMULAGE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. HOWEVER, THIS LIMITATION OF LIABILITY WILL NOT APPLY WHERE WE ARE LIABLE TO GIVE YOU A REMEDY FOR A PROBLEM PRODUCT UNDER SECTION 56 OF THE CPA OR ARE STRICTLY LIABLE FOR HARM CAUSED BY A PRODUCT UNDER SECTION 61 OF THE CPA, IF YOU ARE A CONSUMER PROTECTED UNDER THE CPA. The effect of the above disclaimer and limitation of liability is that you cannot sue us for loss or damages you may suffer or incur because of using this website or any products or because of any circumstance listed under the limitation of liability unless you have a valid claim under the CPA.  

Duty to Seek Professional Advice

Although reasonable steps have been taken to ensure the accuracy and completeness of the contents, data and information on this site, there may be instances where such information proves inaccurate or incomplete. Before placing any reliance on the data and information provided on this site please consult Formulage directly. You should take all reasonable steps to ensure and verify the accuracy of the contents, data and information obtained from this site. Without limiting the generality of this statement:  

Applicable Law

These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Republic of South Africa. By using this website you consent to the exclusive jurisdiction of the High Court and/or Arbitration Forums of the Republic of South Africa in respect of any disputes arising in connection with this website and/or your use of it or any product obtained through it or information or other contents on it. The purpose of this clause is to make South African law apply and to give South African courts and Arbitration Forums jurisdiction if you are based outside of South Africa.

DISPUTE RESOLUTION – PRIVATE ARBITRATION

Any dispute in regard to the interpretation of or the effect of or the parties’ respective rights and obligations under or a breach of or in regard to any matter dealt with by or arising out of the provisions of this agreement at any time arising between the parties, shall be decided by arbitration, at the instance of the aggrieved party, in the manner set out in this paragraph. The said arbitration shall be held subject to the provisions of this paragraph: 2.1.        at Johannesburg, Gauteng, Republic of South Africa at the election of the party calling for such arbitration; 2.2.        formally, under the Standard Procedure Rules for the time being, as issued by the Association Of Arbitrators; 2.3.        otherwise in accordance with the provisions of the Arbitration Act No. 42 of 1965, as amended; 2.4.        it being the intention that, if possible, it shall be held within 21 (twenty one) working days after it has been demanded. 2.5.        The arbitrator shall be if the question in issue is: 2.5.1.   primarily an accounting matter, an independent chartered accountant agreed upon between the parties appointed by the President for the time being of the Gauteng branch of the South African Institute of Chartered Accountants; 2.5.2.   primarily a legal matter, a practising advocate of not less than 15 (fifteen) years standing agreed upon between the parties as such, or appointed by the President for the time being of the Gauteng Society of Advocates, failing which, the Chairman of the Association of Arbitrators of South Africa; 2.5.3.   any other matter, an independent person agreed upon between the parties and failing agreement as may be appointed by the Chairman of the Association of Arbitrators of South Africa.

VIOLATION AND WAIVER

Should you violate these Terms and Conditions or any other rights of the Proprietor; we reserve the right to pursue any and all legal and equitable remedies against you and to take any steps necessary to protect our interests. If we fail to enforce any right or provision in these Terms and Conditions, you agree that this failure does not constitute a waiver of such right or provision or of any other rights or provisions in these Terms and Conditions.

SEVERABILITY OF PROVISIONS

If a court finds that one or more rights or provisions in these Terms and Conditions is invalid, you agree that the remainder of the Terms and Conditions will be enforceable and that, to the extent permitted by law, the court will give effect to the intention behind the right or provision that has been declared invalid or unenforceable.

GENERAL

These terms and conditions contain the entire agreement between the parties in regard to their subject matter. No variation or amendment of the agreement concluded between the parties or any term thereof will be binding or have any force and effect unless reduced to writing and signed by or on behalf of the parties.

COMPLIANCE WITH STATUTORY CONSUMER PROTECTION PROVISIONS

Formulage adheres to the provisions of Chapter VII of ECTA. Chapter VII of ECTA provides protection to consumers and the provisions of ECTA relevant to commercial transactions that may be effected on the Formulage website (www.Formulage.co.za), as well as the information required to be disclosed to consumers in terms of ECTA, are provided for your reference. Disclosures in terms of section 43 of the Act: The following information is made available to you in compliance with Section 43 of the Act.

 

Full Name: Formulage (Pty) Ltd

Registration Number: 2015/285250/07

Legal Status: In business

Directors:: Mandy Gonsalves, Susan Gould, Susan van Nierop, Wim van Nierop

Registered Office: Unit 1, Hunta Industrial Park, 7 Jockey Street, Stormill, 1709

Physical Address: Unit 1, Hunta Industrial Park, 7 Jockey Street, Stormill, 1709

Telephone Number: 011 472 6072

Website Address: www.formulage.co.za

E-Mail Address: info@formulage.co.za

Self regulatory or accreditation body: none

Address for service of all legal documents: Unit 1, Hunta Industrial Park, 7 Jockey Street, Stormill, 1709