Terms And Conditions
End-user Terms & Conditions
Terms and Conditions of Use Relating to www.fabulousaire.co.za; operated and owned by FABULOUS AIRE™ CC Cape Town.
These Terms and Conditions ("the Terms and Conditions") govern your ("the User") use of the FABULOUS AIRE™ ("Merchant") website located at the domain name www.FABULOUSAIRE.co.za ("the Website"). By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. The User may not access, display, use, download, and/or otherwise copy or distribute Content obtained on the website for marketing and other purposes without the consent of the Provider.
Electronic Communications By using this Website or communicating with the Provider by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.
E-Commerce and Privacy
The Website www.FABULOUSAIRE.co.za sells a range of air purifying machines and fragrances with aromatic air enhancing properties, air disinfecting room sprays, odour eliminating toilet sprays and accessory items related to an online health and wellness shop. The use of any product bought from this Website is at the purchaser's risk. The purchaser/ user indemnifies and holds the Provider harmless against any loss, injury or damages which may be sustained as a result of using the products sold on the Website. The private information required for executing the orders placed through the e-commerce facility, namely the User's personal information and credit card details, delivery address and telephone numbers will be kept in the strictest confidence by the Provider and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the product. The Provider undertakes that it has taken all reasonable precautions to secure the credit card processing that is carried out to receive payment for goods sold. The Provider cannot be held responsible for security breaches occurring on the User's electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.
Subject to stock availability and receipt of payment, requests will be processed and delivered with an average of 3 days with the use of our preferred courier company. For very remote areas not serviced by standard couriers and rather 3rd parties which are only services once a week, delivery can take up to 10 days.
Returns / Refund Policy
What do I need to do to return an item/s: FABULOUSAIRE.co.za will accept goods that you would like to return subject to receiving a notification by email within 7 days of the goods having been delivered to the address you requested us to deliver them to when you bought them. Contact us by going to our contact page and submitting the item/s you would like to return. We will arrange to have the item/s collected. Please ensure that you receive confirmation that we received your communication within 1 working day to make sure that the 7 days are not exceeded.
If you notify us after the 7 day period you will have to send the item back at your cost. If the item is repaired or replaced under the manufacturer’s warranty the transport costs will be refunded and the new item will be sent to you free of charge. For the item/s that need to be replaced we will send the new item at no extra cost. For Refunds on items that cost less than R250.00 a R50.00 return delivery cost will be deducted from your refund. For Refunds on items that cost more than R250.00 returns will be free.
Refunds will be paid to you within 4 working days of receipt of the returned goods, by EFT or Credit Card which method you used to pay for the goods when you purchased it/them. Please note that all items must be in their original sealed packaging and in the same condition as you received them. Please check them when you receive them.
Payment may be made via Visa or MasterCard credit cards or by bank transfer into the Provider's bank account, the details of which will be provided after checkout.
Banking Details for EFT’s:
Fabulous Aire CC
Account Nr: 407 489 7845
Branch Code: 632005
REF: Name & Surname
Credit card acquiring and security
Credit card transactions will be acquired for the Provider via PayFast. PayFast 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.payfast.co.za to view their security certificate and security policy.
Merchant Outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR).
The Provider takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
Updating of these Terms and Conditions
Provider reserves the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User's obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User's continued use of this Website following the posting of changes or updates will be considered notice of the User's acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
Copyright and Intellectual Property Rights
Provider provides certain information at the Website. Content currently or anticipated to be displayed at this Website is provided by Provider, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs ("the Content"). All such proprietary works, and the compilation of the proprietary works, are copyright the Provider, its affiliates or subsidiary, or any other third party owner of such rights ("the Owners"), and is protected by South African and international copyright laws.
The Providers reserve the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.
Limited License to General Users
Provider grants to the User, subject to the further terms of these Terms and Conditions, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only. This Website and the Content may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial purpose without the express prior written consent of Provider.
The license does not allow the User to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative use of this Website or the Content for the benefit of another merchant. The User may not frame nor use framing technologies to enclose the Provider Website or the Content nor any part thereof without the express written consent of Provider. Provider and the Owners do not offer products or services to minors. If you are under the age of 18, you may not respond to or otherwise accept or act upon any offers in the Website. Provider and the Owners, their affiliates or subsidiary reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Any unauthorised use terminates this license. Limitation of liability The Website and all Content on the Website, including any current or future offer of products or services, are provided on an "as is" basis, and may include inaccuracies or typographical and or photographical errors. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither Provider nor any holding company, affiliate or subsidiary of Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if Provider is expressly advised thereof.
Privacy: casual surfing
The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. The Provider uses this information to determine use of the Website, and to improve content thereon. Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation. 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
Choice of Law
This Website is controlled, operated and administered by Provider from its offices within the Republic of South Africa. Access to the Website from territories or countries where the content or purchase of the products sold on the Website is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Cape Town High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.
Contact Information / Domcilium Citandi Et Executandi
This website is run and owned by FABULOUS AIRE™ Cape Town based in South Africa trading as FABULOUSAIRE CC and with registration number 1994/005636/23. If you have any questions, queries or wish to request permission to use any part of this website, please contact us at:
FABULOUS AIRE™ Cape Town
PO Box 1783
Tel: +27 21 981 1748
Fax: 021 981 7951