Defects, Returns, Refunds & Guarantees

Should you not be satisfied with any product purchased by you on the Website, by reason of a defect, incorrect choice of product, or otherwise, you may, under certain circumstances, be entitled to either be refunded or have the product repaired or replaced, as the case may be. The Refund Policy regulates your rights in this regard, and how products are to be returned to us.
See “Refunds Policy”.

Sales Records
A full record of every sale and related transaction between you and Dynamic Artistic Solutions (DAS) shall be maintained for a period of 12 months following the date of such sale or related transaction. You shall thus only be able to request such record during such period, whereafter, you shall be responsible for retaining your own record of the relevant sale or related transaction.

Disclaimer
Save for DAS being liable to you –

  • under the Consumer Protection Act 68 of 2008 (“CPA”) in relation to any products sold by DAS to you via the Website; and
  • under sections 43(5) and 43(6) of the ECT Act in relation to DAS payment systems not being sufficiently secure,

Neither DAS nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Website or the services or content provided from and through this Website. Furthermore, DAS makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Website are free from errors or omissions or that the service will be 100% uninterrupted and error free.

Although the products sold via the Website may be under warranty, the Website itself is supplied on an “as is” basis and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself prior to accepting these T&C that the service available from and through this Website will meet your individual requirements and be compatible with your hardware and/or software.

Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of DAS and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website.

Governing Law and Jurisdiction
This Website is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and, subject to the ‘Disputes’ clause of these T&C, you and DAS submit to the non-exclusive jurisdiction of the South African courts.

Privacy
We respect your privacy and will not disclose your personal information to third parties for marketing purposes. The manner in which we use your information is regulated in more detail as described in our Privacy Policy. (“Privacy Policy”). The Privacy Policy is hereby incorporated by reference into these T&C. If you are not satisfied with the level of privacy we provide or otherwise disagree with anything in the Privacy Policy, then you are deemed to not agree to these T&C and you should not use the Website, because as stated above, your continued use of the Website will constitute acceptance of the T&C, including the Privacy Policy.

Security
Any person that delivers or attempts to deliver any damaging code to this Website or attempts to gain unauthorised access to any page on this Website shall be prosecuted and civil damages shall be claimed in the event that DAS suffers any damage or loss.
You agree and warrant that your log-in name and password shall:

  • be used for your personal use only; and
  • not be disclosed to any third party.

You allow DAS to take all reasonable steps to ensure the integrity and security of the Website and back-office applications.

Changes to Agreement
DAS may, in its sole discretion, change these T&C or any part thereof at any time on notice to you.. It is your responsibility to ensure that you are satisfied with the amendments. Should you not be satisfied with the amendments, you must refrain from placing any further orders on, or from using in any way, the Website.

Disputes

Between you and DAS
Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and DAS on any matter provided for in, or arising out of these T&C, and not resolved, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa.

Address for Notices
DAS chooses as its address for all purposes under these T&C, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following address: 325 Battery Street, Waltloo, Pretoria, 0184, South Africa.

Term and Termination
These T&C shall commence from the date on which they are published on the Website and continue indefinitely, as amended by DAS from time to time, for so long as the Website exists and is operational, DAS being entitled to terminate these T&C and/or shut down the Website at any time (subject to still processing any orders then already placed and accepted by DAS).

Copyright & other Intellectual Property Rights
Any and all copyright subsisting in the Website, vests in DAS and all rights not expressly granted are reserved.

You may only download, view and print content from this Website for private and non-commercial purposes.

All the content, trademarks and data on this Website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to DAS and as such are protected from infringement by local and international legislation and treaties.

Electronic Communications
When you visit the Website or send e-mails to DAS, you consent to receiving communications from DAS electronically and agree that all agreements, notices, disclosures and other communications sent by DAS satisfy any legal requirements, including but not limited to the requirement that such communications should be “in writing”.

Hyperlinks
Hyperlinks provided on this Website to non-DAS sites are provided as is and DAS does not necessarily agree with, edit or sponsor the content on such web pages.

Information
The Electronic Communications and Transactions Act states that when goods or services are offered by way of certain electronic transactions, the seller thereof must make certain information about it available to customers on websites where the goods or services are offered.

DAS’s information is as follows:
Full name: T. Ferguson & Sons (Proprietary) Limited trading as Dynamic Artistic Solutions
Main business: Manufacturer & Distributor of decorative polystyrene and other products
Address for receipt of legal service: 325 Battery Street, Waltloo, Pretoria, 0184, Republic of South Africa
Office bearers: Andrew Thomas Ferguson (director), Robert Brian Ferguson (director)
Website:.http://www.fergo.co.za
Official email address: sales@fergo.co.za
PROATIA: The manual published in terms of section 51 of the Promotion of Access to Information Act No 2 of 2000 may be downloaded from http://www.fergo.co.za

Contact us

Contact us

0860 103 385 Email us
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