Trading as FOGO on the website www.fogoactivewear.co.za (the Site) and its subsidiaries, associates and officers unless otherwise stated.
These Terms and Conditions govern the supply by us of any Products ordered by you on the Site. By agreeing to order a Product, you agree to be legally bound by these Terms and Conditions.
In these Terms and Conditions:
a) “Account” means the account that you have to register for on the Site if you would like to Order on the Site;
b) “Acknowledgement” means our acknowledgement of your Order by email;
c) “Business Day” means a day which is neither (i) a Saturday or Sunday, nor (ii) a public holiday anywhere in South Africa;
d) “Confirmation of Order” means our email to you, in which we accept your Order in accordance with clause below;
e) “Contract” means your Order of a Product or Products in accordance with these Terms and Conditions which we accept in accordance with clause below;
f) “Customer” means individual who places an Order on the Site;
g) “Order” means the order submitted by you to the Site to purchase a Product from us;
h) “You” means the Customer who places an Order;
i) “We” means FOGO Active wear, as described above;
j) “Store Credit” means value of product returned instead of a cash refund.
Headings are for ease of reference only and shall not affect the interpretation or construction of the Terms and Conditions;
Words imparting the singular shall include the plural and vice versa.
Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership;
References to “includes” or “including” or like words or expressions shall mean without limitation.
To place an order with FOGO you must be 18 years or older.
R 40.00 base delivery fee nationwide on any number of items purchased.
Delivery can take 2-7 working days.
We shall aim to let you know if we expect that we are unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to FOGO when you place your Order and arrange for cancellation of the Order or delivery to an alternative delivery address.
All risk in the Product shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations under a Contract, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, We will not be liable for loss or destruction of the Product.
If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the Product to you) accept delivery or collect the Product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:
a) charge you for our reasonable storage fee and other costs reasonably incurred by us; or
b) no longer make the Product available for delivery or collection and notify you that we are immediately cancelling the applicable Contract, in which case we will refund to you or your credit or cheque card company, as applicable, any money already paid to FOGO under the applicable Contract, less our reasonable administration charges (including for attempting to deliver and then returning the Product, and any storage fees as provided for in clause above exceed such amount.
We reserve the right, for purpose of suspected fraud, to refuse to accept or process payment on any order, and/or to cancel any sale concluded between you and FOGO, in whole or in part, if the Product is not available for any reason. We will notify you if this is the case and return any payment that you have made, and accept no liability which may arise as a result of such refusal to process any order/sale.
We will usually refund any money received from you using the same method originally used by you to pay for the Product, unless otherwise agreed between you and FOGO.
Limitation of Liability
This clause prevails over all other clauses and sets forth our entire Liability, and your sole and exclusive remedies, for:
the performance, non-performance, purported performance or delay in performance of these Terms and Conditions or a Contract or the Site (or any part of it or them); or
otherwise in relation to these Terms and Conditions or the entering into or performance of these Terms and Conditions.
We will at all times do our utmost best to ensure that all information displayed on the Site and in any communications from FOGO is accurate, however, should any inaccurate information be published by FOGO (ie. incorrect Product description or price), despite our best efforts to ensure accuracy, We shall not be liable for any direct, indirect, incidental or consequential loss or damage suffered by you as a result of the inaccurate information.
Circumstances beyond our control (force majeur clause)
We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control, including without limitation any natural disaster and unavoidable incident, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation (“Event of Force Majeure”), regardless of whether the circumstances in question could have been foreseen.
Either you or FOGO may terminate a Contract forthwith by written notice to the other in the event that the Event of Force Majeure lasts for a period of two (2) Business Days or more, in which event neither you nor FOGO shall be liable to the other by reason of such termination (other than for the refund of a Product already paid for by you and not delivered).
If we have contracted to provide identical or similar Products to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which contracts we will perform and to what extent.
Governing Law and Jurisdiction
This Site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and, subject to the clause of these Terms and Conditions, you and FOGO submit to the jurisdiction of the South African courts.
Address for Notices:
FOGO chooses as its address for all purposes under these Terms and Conditions, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following address: PO Box 72527, Lynnwood Ridge, Pretoria, 0040, with a copy to (email address) (the sending of such copy being required in order for any notice to be considered validly delivered to FOGO).
Amendment to the General Business Terms and Conditions
We reserve the right to amend these Terms and Conditions at any time. All amendments to these Terms and Conditions will be posted on-line. 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 it in any way, the Site as continued use of the Site will be deemed to constitute acceptance of the new Terms and Conditions.
No cash refunds will be permitted.
Please keep your proof of payment for exchange purposes.
Purchases will gladly be exchanged under the following conditions:
- The product is unworn and/or unused.
- The exchange request is placed within 14 days of purchase.
- All tags are still attached to the product.
- Proof of purchase is provided.
The customer will be liable for the cost of postage/shipping to FOGO Activewear for exchange /return.
FOGO Activewear will not provide refunds for change-of-mind or buyer’s remorse.
No exchanges will be acceptable on sale items or intimate garments such us underwear.
All items exchanged will be inspected according to FOGO Activewears conditions before an exchange is processed.
Conditions for processing of exchange/return:
Items returned that are stained and/or tampered with and/or damaged due to wear and tear will not be exchanged and will be shipped back to the customer.
Items that have been damaged due to negligence will not be exchanged and will be shipped back to the customer.
Items purchased as gifts will only be exchanged provided that:
- The product is unworn and/or unused.
- Exchange request is made within 14 days of purchase.
- All price tags are still attached to the garment.
- Proof of payment is provided.
Warranties or exchanges are not available on Free Promotional items.
To ensure you receive your preferred exchange choice please email email@example.com with your name, contact details, invoice number and details of the preferred replacement choice (Item name, product code, colour and size). This will ensure your item is kept aside whilst we await the return of your garment. If the style you require is ‘out of stock’ an online credit note will be issued.
For exchange please enclose your receipt and merchandise to:
Eek figuring this out. Don’t want to put my home address here.
FOGO Activewear reserves the right to determine whether a product is faulty and conduct a production and quality check. If deemed faulty by FOGO Activewear a replacement item will be shipped where possible, subject to stock availability, or a credit note will be issued.
FOGO Activewear will not be held responsible if there is a delay in delivery.
Customers will be responsible for the return shipping.
For faulty or damaged goods, please include a copy of your postage receipt. If the product is deemed faulty after review we will then credit the cost of postage back to you.
You need to send the original or a copy of receipt with your order.
In the event that your product is lost in transit, FOGO Activewear will not be held liable and therefore recommends that you send all returns via Registered Post.
We ask that you allow 10 business days from the day your return your package for your account to be credited
Please allow 7 working days for your order to be delivered.
Customers purchasing items by ‘DIRECT EFT’ please note that payment should reflect in FOGO Activewears account before any orders are shipped. If payment does not reflect within 4 working days the order will be cancelled.
Return of Gift with Purchase or Promotional items.
Should you qualify for a Free Gift with purchase upon meeting minimum spend requirements however, choose to return your purchased goods for a full refund the Free Gift must be returned also. This must be returned in its original saleable condition, with all tickets attached. If upon receiving your returned package the Free Gift is not enclosed, the retail value of the Free Gift will be deducted from the refundable amount. A FOGO Activewear team member will contact you immediately and will await 10 business days before processing your payment. The cost of the Free Gift will be incurred by the purchaser if you wish to return. If you wish to keep your Free Gift with purchase however choose to exchange your purchased items at a later date, an Online credit will be issued so you continue to receive the Free Gift at no cost. There is no warranty or exchange on promotional items.