Terms & Conditons

By submitting an order, you are accepting the Terms and Conditions of the Fresh Collections web site.

Terms and Conditions for the Supply of Fresh Collections Products
Your details
  1. When you purchase with the Fresh Collections web site, you are responsible for all sessions and transactions made.
  2. Where a legal age classification for an item is displayed, by submitting an order for said item, you will be confirming that you are of the legal age to view said product.

The Contract Between Us
  1. Any contract for purchases made through the web site will be with Fresh Collections CC, registered in South Africa, and whose registered office is 6 Acutts Drive, Everton, Durban, South Africa, 4000.
  2. Fresh Collections must receive payment of the whole of the price for the goods that you order before your order can be accepted, and the contract formed.
  3. Once payment has been received Fresh Collections will confirm that your order has been received by sending an email to you at the email address you provide in your registration form. The shipment email will include your name, the order number and the total price. Fresh Collections acceptance of your order brings into existence a legally binding contract between us on these terms. Any term sought to be imposed by you in your order will not form part of the contract.
  4. Fresh Collections are entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the goods appearing on our web site. If an error or inaccuracy is discovered with regards to the advertised price of the goods that you have ordered before the contract is made (see (b) above) we will contact you as soon as possible by email.
  5. The prices payable for goods are as set out in the web site are inclusive of VAT.

Availability of Goods You Order
If Fresh Collections has insufficient stock to deliver the goods ordered by you, we will notify you as soon as possible and any sum debited by Fresh Collections from your credit card will be re-credited to your account and Fresh Collections will notify you by email at the address given by you in your order form. The refund will be made as soon as possible and in any event within 30 days of your order. So Music will not be obliged to offer any additional compensation for disappointment suffered.
PLEASE NOTE: We endeavour to bring our customers the best value we can by running special offers, but please remember stocks are limited at the special offer price, and subject to availability. We update our web site as quickly as we can to minimise disappointment. The process of updating the web site when goods have sold out at campaign price can take a few hours to update. Please note that the price the goods are offered for tender are as displayed in the Shopping Basket.

Delivery of Goods To You and Pricing of Delivery
  1. All items are delivered by courier to the physical address (home or work) specified. Deliveries cannot be made to post offices or boxes.
  2. Delivery costs are R39 per consignment for a maximum of 5 items.
  3. Delivery is usually within 3-4 working days to major centres. Delivery times can be affected by our printers and framing studios. You will be advised of late delivery at the time of purchase or a form of communication (ie: email, SMS etc) thereafter.

Payment
Payment may be made via Visa, MasterCard, Diners or American Express credit cards and Electronic Funds Transfer into our account.

Credit card acquiring and security
Credit card transactions will be acquired for Fresh Collections via PayGate (Pty) Ltd who are the approved payment gateway for Standard Bank of South Africa. PayGate 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.paygate.co.za to view their security certificate and security policy.

Customer details separate from card details
Customer details will be stored by Fresh Collections 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).

Responsibility
Fresh Collections 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

Country of domicile
This website is governed by the laws of South Africa and Fresh Collections chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.

Use of E-Vouchers
  1. E-voucher can be obtained from Fresh Collections
  2. Any Voucher received by any means is only valid for 3 Months that it is received in.
  3. Only one voucher of a particular type can be redeemed at one time
  4. No Accumulation of vouchers is allowed
  5. Once a voucher has expired Fresh Collections has no liability to replace or refund a particular voucher
  6. Vouchers will only be issued to the length of time of the voucher period that you have purchased from any Vendor
  7. The voucher value does not include the delivery fee and the delivery fee must be paid separately.

Returns and Damages Policy
This is as follows:-
  1. If the goods Fresh Collections delivers are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, Fresh Collections shall have no liability to you unless you notify Fresh Collections in writing via e-mail on the Fresh Collections contact address of the problem within 3 working days of the delivery of goods in question.
  2. If you do not receive goods ordered by you within 30 days of the date on which they were despatched to you, Fresh Collections shall have no liability to you unless you notify Fresh Collections in writing at the Fresh Collections contact address of the problem within 40 days of the date on which the goods were despatched to you.
  3. If you notify a problem to Fresh Collections under this condition, Fresh Collections only obligation will be, at its option:- to make good any shortage or non-delivery;
  4. Fresh Collections will not be liable to you for any indirect or consequential loss or damage arising out of any problem you notify to Fresh Collections under this condition and Fresh Collections shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under paragraph (b) above.
  5. Fresh Collections will only replace a given item with another of the same item.
  6. Nothing in this condition is, however, intended to limit any rights you might have as a consumer under applicable local law that may not be excluded nor in any way to exclude or limit Fresh Collections liability to you for any death or personal injury resulting from its negligence.

Nothing in this contract creates any right which is enforceable by any person who is not a party to the contract.
  • Water damage
  • Illegal chipped unit - warranty becomes void immediately
  • Dropped unit
  • Unit that has been tampered with/opened
  • Casing broken/chipped
  • NOT LIMITED TO THE ABOVE LIST ONLY

No refunds will be given.

Force Majeure
Fresh Collections shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond its reasonable control.

Complaints
Fresh Collections operate a complaints handling procedure which is used to try to resolve disputes when they first arise. If you have a complaint, please contact the Customer Service department at the following email address: admin@freshcollections.co.za

Entire Agreement
These terms and conditions, together with the current Fresh Collections Web site prices, delivery details and Fresh Collections contact details, set out the whole of our agreement relating to the supply of the goods to you by Fresh Collections. These terms and conditions cannot be varied except in writing signed by a Member of Fresh Collections. In particular nothing said by any sales person on behalf of Fresh Collections should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by Fresh Collections. Fresh Collections shall have no liability for any such representation being untrue or misleading. All intellectual property on Fresh Collections website, including content, literary and artistic works, trade marks, logos, pictures, images, downloads, domain names, patents, design elements, computer programs, source code, metatags, text, graphics, artworks, icons and hyperlinks are the property of or licensed to Fresh Collections Industries CC and are protected from infringement by domestic and international legislation including but not limited to copyright, trade mark and patent law. All rights to intellectual property on Fresh Collections website are expressly reserved. No person may reproduce or use such intellectual property in any manner whatsoever without the prior written consent of Fresh Collections Industries.

Interpretation
In these terms and conditions:-
"Fresh Collections" means Fresh Collections CC of 6 Acutts drive, Everton, Durban, 4000, any connected organisation that actually supplies goods ordered by you and any successor to its business;
"working day" means every day of a calendar year apart from weekends and statutory public holidays;
"us" means Fresh Collections and you together; and
"you" and "your" means the person ordering goods under these terms and conditions.