Terms & Conditions
Fitness Flair cc t/a FitnessFreakz
Fitness Freakz provides the information contained on this website and the pages comprising the website (“website”) and advertises and sells the products to you, subject to the terms and conditions set out herein and as may be referenced herein (“the terms”) unless otherwise stated. For the purposes of these terms, “products” means those items offered for sale by Fitness Freakz or the services made available from time to time via our website.
By accessing and/or using the website, you agree to be bound by the terms. We may at any time modify any of the terms and such modification will supersede and replace any previous terms. The amended terms will be made available on our website. Each time you access our website and/or use the services offered via our website, you agree to be bound by the terms, as may be modified from time to time.
2. Content of the Website
Whilst every effort is made to update the information provided on this website on a regular basis, Fitness Freakz makes no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of any information, data and/or content on the website from time to time. Fitness Freakz reserves the right at any time to change or discontinue without notice, any aspect or feature of the website and any information, data and/or content on the website.
You agree that all instructions, consents, orders and other communications which purport to originate from you or a person who had authority to act on your behalf to operate automatically (unless it is proved that such information system did not properly execute such programming) (collectively “the originator”) and which are sent to Fitness Freakz electronically and which may (as a result of interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) differ from the instructions actually sent or given, or may not have been given by you at all, shall be deemed to have been given by the originator in the form actually received by Fitness Freakz and you will be bound by such instruction with no liability of whatever nature attaching to Fitness Freakz in regard thereto.
You waive any rights that you may have or obtain against Fitness Freakz arising directly or indirectly from any loss or damage of whatsoever nature which you may suffer as a result of the fact that Fitness Freakz acts on your instructions/orders or instructions/orders purported to emanate from you and you indemnify Fitness Freakz against all and any claims, liabilities, losses, costs, fines, damages and expenses incurred (directly or indirectly) by you, arising as a result of the fact that Fitness Freakz has acted on your instructions/orders or instructions/orders which purported to emanate from you.
4. Orders, confirmation & delivery
The advertising of products via the website merely constitutes an invitation by Fitness Freakz for you to make an offer to purchase products and we remain entitled to reject any order without giving reasons therefore.
As erroneous or prices may be displayed on this website from time to time, you agree that we will not be obligated to sell a product at such erroneous price.
Once you have selected the product you wish to purchase and submitted your order to Fitess Freakz, you will be given the opportunity to review the entire transaction and correct any mistakes, before electing whether to withdraw from the transaction or proceed with the transaction. By clicking on the “purchase” or similar “final submit” button you are deemed to have submitted an offer to purchase the product/s selected by you (“order”) and the order can be withdrawn by you.
Fitness Freakz reserves the right to cancel the order for any reason on notice to you. Receipt of a confirmation of the order (which constitutes acceptance by Fitness Freakz to process the order) will be sent to you once we receive your order. Although the website is set up to confirm receipt of orders, technical or other problems may delay or prevent such confirmations. DO NOT resend your instruction if you do not receive a confirmation from us as this may lead to a duplicate transaction for which you will be held liable.
Please note that a transaction will only be deemed to have been concluded once the product/service in question has been delivered in accordance with the selected delivery option or agreed process. Delivery times are estimates only and we are not liable for any late deliveries.
Fitness Freakz reserve the right to withhold approval at its sole discretion.
We reserve the right to verify the identity of any purchaser or the payment method used. This may require you being required to, inter alia; send us a copy of your identity document, proof of residence, copy of front and back of your credit card. Failure to comply may result in us cancelling the order without reason. If Fitness Freakz approves your application you may be required to sign additional terms & conditions, which will form the basis of our agreement with you. . If you do not agree to these additional terms & conditions then your application will be cancelled and you will not be entitled to use or access the product or service you have subscribed to.
Risk in the products shall pass to you or your authorized representative on delivery.
All orders shall be executed within the time period as stipulated by Fitness Freakz
Fitness Freakz shall notify you should any products be unavailable for any reason whatsoever.
We accept MASTERCARD, VISA credit, debit cards and EFT Deposits only. These must be registered with any South African bank. This is the only method of payment we accept at this stage.
We will debit the total value of your online order against the payment card tendered by you during the check-out process. Payment will be effected on acceptance of your order and prior to delivery.
By submitting your order, Identity Number and payment card details you warrant that you are over the age of 18 (eighteen), are authorized to make payment with the payment card and that there are sufficient funds available to pay for the order.
7. Disclosures required in terms of Section 43 of the Electronic Communications and Transactions Act 25 of 2002
Full name: Fitness Flair cc, t/a Fitness Freakz
Physical address: 77 MalmesburyRoad, Kleinbosch, Parow, 7500
Telefax number: 086 2166 174
Telephone number: (021) 558 6235
Website address: http://fitnessfreakz.co.za
E-mail address: firstname.lastname@example.org
Company registration number: 2009/218799/23
Credit Provider Number: NOT APPLICABLE
Vat Registration Number: 4640254597
Country of incorporation: South Africa;
Director details: C.D. Newton, M.O. Newton
Physical address for receipt of service: 77 Malmesbury Road, Kleinbosch, Parow, 7500
Please refer to the return policy, which sets out our policy regarding returns or exchanges.
If for any reason you would like to cancel an order this may be done by email to email@example.com. You will only be able to cancel orders up to 17:00 on the day prior to the date of delivery.
We reserve the right to debit your payment card for the delivery fees in respect of any late cancellations. If you cancel your payment for any reason or if your payment card should cease to be valid for whatever reason, you will nevertheless be bound to pay the full purchase price, including all costs incurred by us relating to the recovery thereof. Without prejudice to any other rights or remedies in law, we reserve the right to cancel forthwith any sale and/or your registration in the event of your breach of any of these terms.
11. Privacy and Security
All personal information obtained by Fitness Freakz by virtue of your use of this website is protected as set out in our privacy and security policy. Further, the security processes and procedures used by Fitness Freakz to protect information transmitted via the website are also set out in the privacy and security policy.
12. Copyright and Intellectual Property Rights
Copyright and all intellectual property rights in all materials, texts, drawings and data made available on this website (collectively “the materials”) are owned by Fitness Freakz. Alternatively, Fitness Freakz is the lawful user thereof and is protected by both South African and international intellectual property laws. Accordingly, any unauthorized copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such material or any component thereof will constitute an infringement of such copyright and other intellectual property rights; save that you may use the materials or any component thereof for your own internal purposes and for the purposes of ordering products from Fitness Freakz. The trademarks, names, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of Fitness Freakz. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of Fitness Freakz.
13. External links
External links may be provided for your convenience, but they are beyond the control of Fitness Freakz and no representation is made as to their content. Use or reliance on any external links provided is at your own risk. When visiting external links you must refer to the external terms and conditions of use. You may not link to this website, in any manner, or frame any content of this website in any other manner or otherwise use the content without the express prior written permission of Fitness Freakz.
14. Unlawful use
You shall not use the website to send or post any message or material that is unlawful, defamatory, abusive, harassing, ,indecent, obscene, vulgar, threatening, harmful, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify Fitness Freakz against any loss, liability, damage or expense of whatever nature which Fitness Freakz or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any message or material as aforesaid.
15. Warranties, Disclaimers and Limitation of Liability
Save as set out in the terms, Fitness Freakz makes no warranties, representations, statements or guarantees (whether express, or implied in law or residual) regarding the website and the products and the website and products made available via the website are provided “as is”.
Neither Fitness Freakz or its directors shall be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential) and/or expense of any nature whatsoever which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your access and use of the website and/or any information contained on or via the website and/or your use of the products. Without limiting the generality of the a foregoing, neither Fitness Freakz nor its directors shall be liable for any failure and/or unavailability of the website for any reason whatever and/or the failure/delay by any third party service provider to render any service which are necessary to ensure the availability of the website. You hereby indemnify Fitness Freakz or its directors against any loss, liability, damage (whether direct or consequential) or expense of any nature whatsoever which may be suffered by you or any third party as a result of or which may be attributable directly or indirectly to the aforesaid. Notwithstanding anything to the contrary contained herein, Fitness Freakz shall not be liable for any direct, indirect, contingent or consequential loss (including but not limited to loss of business, loss of data and/or loss of profits) incurred or sustained by you or any third party howsoever arising in respect of your use of or reliance of any information offered on or via the website and/or your use of the products.
Without limiting the generality of the a foregoing, Fitness Freakz shall not be liable to you or any third party for any loss or damage of whatsoever nature in the event that you request that an order be stopped or cancelled.
By accessing the website, you warrant and represent to Fitness Freakz that you are legally entitled to do so to purchase any of the products offered for sale via the website. You further warrant that all the details you have given are true and complete and that you are legally capable of concluding this transaction. If you are younger than 18 years of age you warrant that you have the consent of your legal guardian to enter into this agreement with Fitness Freakz or that you have obtained legal status in another manner.
We may in our sole discretion at any time suspend or terminate the operation of this website without prior notice to you and without the need to give you reasons for such termination.
16. Use of the Website
Fitness Freakz does not make any warranty or representation that information and products advertised on the website are appropriate for use in any jurisdiction. By accessing the website, you warrant and represent to Fitness Freakz that you are legally entitled to do so and to make use of information and purchase the products made available via the website.
17. Address for Service
Fitness Freakz shall be entitled from time to time, by giving notice to you to vary its physical address for service to any other physical address within the Republic of South Africa, and to vary its facsimile address for service to any other facsimile number.
Without detracting from the provisions of your account terms and conditions, the terms constitute the sole record of the agreement between you and Fitness Freakz in relation to your use of this Website.
Fitness Freakz shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these terms.
All provisions of these terms and conditions are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these terms and conditions which is or becomes unenforceable in any jurisdiction, whether due to invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scrip to and the remaining provisions of these terms and conditions shall remain in full force and effect.
These terms shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law. You hereby consent to exclusive jurisdiction of the High Court of South Africa in respect of any disputes arising in connection with the services referred to herein, or the terms or any matter related to or in connection therewith.
For purposes of calculating any time periods GMT +2 shall be used.
These terms and conditions shall apply to all transactions you conclude via this website.
A certificate issued by an administrator of this website shall constitute prima facie proof of any fact related to this website, including but not limited to which version of the terms and conditions govern a particular dispute and what content was published or functionality was available on the website at a specific point in time.
The deeming provisions of the ECT Act are excluded to the extent that no message shall be deemed to have been received by us unless we acknowledge receipt thereof in writing. This does not detract from the fact that if you submit an order more than once you may have concluded a double transaction for which you will be liable and that a transaction will only be deemed to have been concluded between you and Fitness Freakz on delivery/collection of the product or service.