In these terms and conditions, “we” “us” and “our” refers to Fork and Sheet.  Your access to and use of all information on this website including purchase of our product/s is provided subject to the following terms and conditions. We reserve the right to amend this Notice at any time and your use of the website following any amendments will represent your agreement to be bound by these terms and conditions as amended.  We therefore recommend that each time you access our website you read these terms and conditions. 

 

Product Descriptions 

1.  We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate.  Where we become aware of any misdescription, we reserve the right to correct any error or omission.

2.  Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.  

3.  Product Orders We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.

4.  Postage/ shipping is an additional charge, calculated at time of purchase. 

Production 

5.  Our kits will normally take 2 weeks to produce. However, during peak periods, such as the beginning of a University year, they may take between 4-6 weeks depending on availability of stock.  If we experience any delays or out of stock items, you will be notified and it will be stated on our website.  Orders that combine products with different delivery times will be held until all items are ready to despatch, unless the customer specifically requests the two items to be sent separately. This will incur an additional courier fee.

Delivery 

6.  The actual delivery time is determined by our courier according to distance from our distribution centre. Cape Town deliveries will take place within 24 hours of despatch. Other places will be between 1 and 2 days – eg. Stellenbosch.  An overnight courier option is available for urgent orders but will be charged at a premium.

7.  When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact.  We undertake to take due care with this information; however in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.

8.  Delivery of your ordered product/s will be as set out on our website.  Title in the goods passes to you when we have received payment.

9.  Our terms of payment are set out on the order page.

10.  If you take advantage of any special promotions or discounts, the reduction is only applied to the price of the product you’ve chosen, not the delivery cost. Also, any free delivery offers will normally mean standard courier delivery only. 

Cancellations, Refunds, and Product Returns

11.  If you are not happy with the product you receive, please contact us immediately to discuss the problem with the product and returning the product and obtaining a refund. Please don’t throw away any product before you’ve spoken to us and agreed that doing so won’t affect any refund you may be entitled to.  All exchanges and refunds as outlined below will only be processed if the all of the following conditions are satisfied:

  • You return the merchandise to us within seven days of receipt of delivery,
  • The merchandise is unused and unwashed,
  • The original undamaged packaging is returned,
  • You provide us with your invoice number and proof of you date of delivery, and,
  • You notify us immediately of your intention to exchange or refund the merchandise by email, telephone or website.

 

12.  Orders for our kits can be cancelled within 3 days of order. If the product has already been sent with the courier, and the customer cancels the order, they will be responsible for returning it to Fork and Sheet, and once received by us, the amount will be refunded.

13.  Where a product has been listed at the incorrect price or with incorrect descriptive information or image due to typographical error or similar oversight, we reserve the right to cancel a transaction.  Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.  

14.  We undertake to replace, repair or refund you for any product delivered to you that is faulty or is in a damaged condition.  If you wish to return a faulty or damaged product, you must notify us through our designated “contact us” webpage where we set out our requirements relating to return of such goods. No exchange will be processed if the merchandise was damaged by you on receipt of the merchandise (e.g. cigarette burns, tears etc), or if it has been washed or used. We will pay for the cost of return delivery taking the same form in which the merchandise was originally dispatched to you (e.g. door-to-door, postage etc). 

15.  We also undertake to exchange any undamaged product purchased from us so long as it is returned unused and with proof of purchase within seven (7) days of receipt however we will not provide any refund of such purchase.  If undamaged goods are returned to us for exchange, we do not refund any packing and postage charges. Return of undamaged goods for exchange is entirely at your cost and risk.

16.  If we are unable at the time of return to replace or exchange returned goods, we undertake to reimburse your credit card for the amount initially debited for the purchase including packaging and postage charges. 

Site Access 

17.  Except as permitted under the Copyright Act 1978, you are not permitted to copy, reproduce, republish, distribute or display any of the information on this website without our prior written permission.

18.  The licence to access and use the information on our website does not include the right to use any data mining robots or other extraction tools.  The licence also does not permit you to metatag or mirror our website without our prior written permission. We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website. Hyperlinks 

19.  You may link our website with our consent.  Any such linking will be entirely your responsibility and at your expense.  By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text or other materials. 

Intellectual Property Rights 

20.  The copyright to all content on this website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials.

21.  All trade marks, brand and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.

22.  Any comment, feedback, idea or suggestion (called “Comments”) which you provide to us through this website becomes our property.  If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use.  Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.

23.  If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality and copyright. 

Disclaimers 

24.  Whilst we have taken all due care in providing the information on our website, we do not provide any warranty either express or implied including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose.

25.  To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded

26.  We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website. 

Limitation of Liability 

27.  To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the goods and/or services again or payment of the costs of having those goods and/or services supplied again.

28.  We accept no liability for any loss whatsoever including consequential loss suffered by you arising from product/s we have supplied. Indemnity 

29.  By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of our website. 

Force Majeure 

30.  If a Force Majeure event causing delay continues for more than Thirty (30), we may terminate this Agreement by giving at least Thirty (30) days Notice to you.  “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control. 

Jurisdiction 

31.  These terms and conditions are to be governed by and construed in accordance with the laws of South Africa and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in South Africa and you agree to submit to the jurisdiction of those Courts.

32.  If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity.  If necessary the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect. 

Privacy 

33.  We undertake to take all due care with any information which you may provide to us when accessing our website. However we do not warrant and cannot ensure the security of any information which you may provide to us.  Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.

34.  Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our home page.