terms & conditions
welcome to faber
By visiting the Site or using any of the products, software or services provided to you through the Site you accept these Terms and Conditions (the “Terms”) and privacy statement. In addition, when you use any current or future Faber services or Faber products or visit or purchase from any business affiliated with Faber, whether or not included on the Site, you also will be subject to the guidelines and conditions applicable to such service or business.
use of the services and products
If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Faber and its affiliates reserve the right to, in its sole discretion, refuse service, terminate accounts, remove or edit content, or cancel orders. If you become aware of any unauthorized use of your password or of your account, you agree to immediately notify Faber by emailing us at firstname.lastname@example.org
. You will not reproduce, duplicate, copy, modify, sell, lease, rent, trade, distribute or resell the Services and Products for any purpose, or create any derivative works based on the Services and Products in any manner. Faber will not be held responsible or be liable for associated costs of any injuries that may occur during use of our products.
third party providers
Faber may from time to time include in Services and Products certain third party content or links to third party websites (each, a “Third Party Provider”). Such content and websites contained therein are owned by the Third Party Providers (or by other persons or companies on their behalf). Faber may at any time and from time to time change, add or remove Third Party Providers from the Services and Products, in its sole discretion and without prior notice to you. We have no control over the websites, products or services of Third Party Providers. We do not endorse or evaluate the websites, products or services of Third Party Providers (or any advertising or links on any such websites) and we assume no responsibility for the actions or omissions of any Third Party Providers. Faber is not responsible for examining or evaluating the content or accuracy of any Third Party Providers, and Faber does not warrant and will not have any liability or responsibility for any Third Party Providers’ materials or websites (or for any other materials, products, or services of third parties). Without limiting the foregoing, you agree that Faber is not liable for any loss or damage which may be incurred by you as a result of: the content and/or websites of Third Party Providers; your use or purchase of any websites, products or services of Third Party Providers; the availability, quality or safety (including both design and manufacturing) of the products or services offered by Third Party Providers; and the accuracy and thoroughness of the descriptions of any such products or services provided by Third Party Providers.
Faber Collective Pty (Ltd) 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/attachment.php?aa_id=3569.
- Payment options accepted
Payment may be made via Visa and MasterCard.
- Card acquiring and security
Card transactions will be acquired for Faber Collective Pty (Ltd) via PayGate (Pty) Ltd who are the approved payment gateway for all South African
Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the
website. Users may go to www.paygate.co.za to view their security certificate and security policy.
- Customer details separate from card details
Customer details will be stored by Faber Collective Pty (Ltd) separately from card details which are entered by the client on PayGate’s secure site. For
more detail on PayGate refer to www.paygate.co.za.
- 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).
Faber Collective Pty (Ltd) 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.
sale of products
Faber relies upon a network of independent vendors who supply some of the materials used in making the products & of some of the products displayed on the Site. Our independent Vendors are solely responsible for the products featured on the Site. Without limitation, Faber is not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of products featured on or advertised through the Site or by email. Nothing on the Site shall be deemed to confer on any person any license or right on the part of Faber or any supplier with respect to any such image, logo or name.
risk of loss
The items purchased from our Site are handled by third party carriers pursuant to a delivery contract. As a result, risk of loss and title for such items may pass to you upon our delivery, or delivery by our independent vendors, to the carrier.
Faber relies upon a network of independent vendors who supply some of the materials & goods displayed on the Site. Notwithstanding anything to the contrary contained in these Terms and Conditions, Faber shall have no liability for any loss, damage, cost, claim or penalty of whatsoever nature, including but not limited to indirect and consequential damages and loss of profits, however arising out of or in connection with these products the user purchased on the Faber website, whether caused by latent or patent defects of independent vendors. The User hereby indemnifies Faber and its affiliates and holds it harmless against any and all liability, loss, damage, penalty, cost or claim of whatsoever nature suffered by any third Party in relation to any act or omission caused by the Independent Vendor or it employees, representatives, agents or assigns or any third party in relation to the products the user purchased on the Faber website.
7.1 refund policy
EXCEPT AS OTHERWISE EXPRESSLY SET FORTH BELOW, ALL PURCHASES THROUGH THE SITE ARE NONREFUNDABLE, INCLUDING ANY UNUSED VOUCHERS, GIFT CARDS OR COUPONS. WE DO NOT PROVIDE PRICE PROTECTION OR REFUNDS IN THE EVENT OF A PRICE DROP OR PROMOTIONAL OFFERING.
7.2 products purchased through faber
If you receive a product that is materially damaged or defective, we will (1) replace the damaged or defective product at no cost to you, or (2) if the item cannot be replaced because it is no longer being manufactured or otherwise, we will provide you with a store credit or a voucher for the value of the specific product at your election, understanding in either case that we require the defective or damaged product to be returned directly to us as part of our replacement program. While we work hard with our suppliers to make sure that items displayed on Faber are available, from time to time our suppliers may discontinue a material or item prior to notifying us. Based on this fact, we understand that you may be buying a collection of products, but we can’t guarantee that every item in the collection will be available. If you purchase a group of products through Faber, and the item is out of stock or discontinued, we will provide you with a store credit or a full refund for the specific product at your election. We cannot accept returns or issue refunds for any other reason. You have the right to cancel your purchase of our products for a full refund (less any applicable PayGate, bank or credit card charges or fees), except that such right shall expire upon the earlier of the seventh (7) calendar day after the date of purchase. Subject to the foregoing, if you wish to cancel your purchase, you must notify us of your decision to cancel at email@example.com. We will promptly thereafter notify you of your cancellation number.
All content and products included in the Services and Products (including without limitation images, icons, text, graphics, logos, data compilations, software, designs, videos etc.) (collectively referred to as “Content”) is the property of Faber or its content suppliers and protected by international copyright laws. You agree that you will not use any of the intellectual property, proprietary information or other materials contained in the Services in any way whatsoever except for use of the Services and Products in compliance with these Terms.
disclaimer of warranties
THE PRODUCTS AND SERVICES DISPLAYED ON OUR SITE ARE PROVIDED WITHOUT ANY GUARANTEES, CONDITIONS OR WARRANTIES AS TO THEIR ACCURACY. THERE IS NO ASSURANCE OR GUARANTEE OF SATISFACTION WITH THE PRODUCTS OR SERVICES OFFERED ON THE SITE. THE SERVICES, THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (AND WEBSITES OF THIRD PARTY PROVIDERS) ARE PROVIDED BY FABER ON AN “AS IS” AND “AS AVAILABLE” BASIS. FABER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
limitation of liability
SUBJECT TO SECTION 8 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT FABER, ITS AFFILIATES AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR: ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.
release and indemnity
IF YOU HAVE A DISPUTE WITH ANY INDEPENDENT VENDOR OR THIRD PARTY PROVIDER, YOU RELEASE US (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
revision of the terms
We may amend the Terms from time to time by posting amended Terms on the Site. Except as otherwise stated in any such posting, all amended terms shall be effective immediately. Additionally, we may notify you through email or otherwise of such amended terms.
Any dispute relating in any way to your visit to the Site shall be submitted to confidential binding arbitration and governed by the Arbitration Act 42 of 1965.
Your privacy is important to Faber. This privacy statement provides information about the personal information that D`faber collects, and the ways in which Faber uses that personal information.
personal information collection
Faber may collect and use the following kinds of personal information: information about your use of this website information that you provide using for the purpose of registering with the website information about transactions carried out over this website information that you provide for the purpose of subscribing to the website services any other information that you send to Faber
using personal information
Faber may use your personal information to: administer this website; personalize the website for you; enable your access to and use of the website services; publish information about you on the website; send to you products that you purchase; supply to you services that you purchase; send to you statements and invoices; collect payments from you; and send you marketing communications. Where Faber discloses your personal information to its agents or sub-contractors for these purposes, the agent or sub-contractor in question will be obligated to use that personal information in accordance with the terms of this privacy statement. In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, Faber may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.
securing your data
Faber will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information. Faber will store all the personal information you provide. Information relating to electronic transactions entered into via this website will be protected by encryption technology.
updating this statement
This website contains links to other websites. Faber is not responsible for the privacy policies or practices of any third party.
by email to firstname.lastname@example.org