TERMS & CONDITIONS
&
PRIVACY POLICY

TERMS AND CONDITIONS OF USE OF THE FIREBLADES WEBSITE

INTRODUCTION

The FIREBLADES website, being www.fireblades.co.za (hereinafter referred to as the ‘Website’), can be accessed via a number of means including, but not limited to, the Website and is owned and operated by Global Building Elements (Pty) Ltd (hereinafter referred to as ‘GBE’)

TERMS AND CONDITIONS

1. The accessing of this Website for any purpose whatsoever, including the viewing, ordering, purchasing, payment and delivery of such Goods ordered, shall be governed by the terms and conditions as set out herein.

2. The Terms and Conditions set out herein are unconditionally binding and enforceable against every person (hereinafter referred to as the ‘User’) that accesses or uses the Website. By using the Website and by choosing to tick the box agreeing to these terms and conditions prior to checking out and making a purchase on the Website, the User acknowledges that the User has read, understands and agrees to be bound by these Terms and Conditions.

3. GBE and the User are collectively referred to herein as the ‘Parties’.

4. GBE is a registered South African business entity and as such both GBE and the User are bound by the relevant provisions contained in the Consumer Protection Act, 68 of 2008 (Hereinafter referred to as “CPA”).

5. As GBE authorizes the use of the Website strictly subject to the stated Terms and Conditions, it is the responsibility of the User, where there is any provision or term contained therein that the User does not understand or accept, to request in writing to GBE that GBE explains or clarifies such provision or term. By continuing beyond such provision or term without reverting to GBE, the User will have indicated the User’s comprehension and acceptance of such provision or term.
6. The User agrees that the User has properly read, understood and agreed with the description of the Goods which the User is wanting to purchase and that once ordered and paid for, where the Goods are delivered correctly as per such description, the Goods are not returnable unless the Goods were received by the User in a defective condition, which condition makes the Goods unusable.

7. Where it is agreed between the Parties that the Goods are unusable and as a result, may be returned for replacement, GBE will be responsible for arranging at it’s cost, for the collection of the defective Goods, provided that the User repackages the Goods for return in the same box as that in which it was received by the User.
8. Goods displayed on the Website and identified as “FireBlades” are a category of Goods sold on the Website by GBE to the User
9. Every FireBlades fire pit is assembled by hand and while GBE takes great care with each unit, FireBlades may have slight imperfections (which will in no way affect their functionality) making each unit a one of a kind.
10. Fireblades are also used as an indoor decorative object. However, as fire pits, including Fireblades, contain burning wood and hot ash when in use, a Fireblades fire pit by definition must only be put into use outdoors, away from children and other flammable materials and not placed on surfaces that could be damaged, discoloured or cracked by excessive heat or hot ash.
11. Fireblades mild steel models will rust over time and could mark the underlying surface. GBE cannot in any way be responsible or liable for any damage caused directly or indirectly, purposely or accidentally, by a person having placed or used the Fireblades on an unsuitable surface. Once received by the User, the choice of placement of a Fireblades fire pit is under the sole control and discretion of the User.
12. FireBlades are designed for outdoor use in a well-ventilated position, safe for a fire. As with any fire pit or braai, the Fireblades must not be left unattended once lit.
13. Fireblades are subjected to extreme temperatures as well as exposure to the elements when not in use. All finishes may discolor in areas that are in contact with the flames, ash and heat. Even heat-resistant paint used on the painted mild steel version will flake off around the center of the fire base plate as this area is in direct contact with the hottest part of the fire, subjecting the plate to temperatures beyond that which paint can endure.
14. However, the outer edges of the fire base plate and the blades around the fire pit should remain well within the limits of the heat-resistant paint.
15. Should the User wish to become a Registered User on the Fireblades Website, the User can register by providing a unique username and password, as well as specific information and personal details to GBE. The User will thereafter need to use the registered username and password in order to access the Website and purchase Goods.

15.1          Where the User obtains a username and password, it is the User’s duty to keep the username and password secure.

15.2          The User agrees that, once the correct username and password relating to their account have been entered, regardless as to whether the use of the username and password is unauthorised or fraudulent, the User will be liable for payment of such order, except where such order is cancelled by the User in accordance with these terms and conditions.

15.3            By using the Website, the User warrants that the User is 18 (eighteen) years of age or older of full legal capacity and sound of mind. If the User is under the age of 18 (eighteen) or is not legally or otherwise permitted to enter into a binding agreement, then the User may not make use of the Website.

16. Payment

Where the GBE secure payment system has successfully processed the User’s card payment, GBE undertakes to deliver the Goods to the User via GBE’s appointed courier as soon as reasonably possible, but no later than 30 (thirty) days after receipt of payment from the User (hereinafter referred to as the “Lead Time”).

GBE will have fulfilled all of it’s obligations to the User on delivery of the Goods to the physical address nominated by the User for delivery of the order. GBE will not be held liable or responsible for any direct or indirect loss caused by the Goods, howsoever incurred, after delivery of the Goods.

17. Gift Vouchers and Coupons

From time to time GBE may make available physical or electronic gift vouchers (hereinafter referred to as “Vouchers”) and promotional coupons for discounts (hereinafter referred to as “Coupons”) for use on the Website towards the purchase of Goods. Vouchers and Coupons can only be redeemed while they are valid and prior to their expiry dates, which cannot be extended.

More specifically:

Vouchers

17.1       Vouchers that are purchased by Users are valid for 3 (three) months after purchase. Vouchers that GBE gives away free of charge are valid for the period stated thereon.

17.2       Vouchers cannot be used to buy other Vouchers or Coupons. Vouchers do not accrue interest and once purchased, are not redeemable for cash. If a Voucher value is insufficient for the User’s order, the User may make up the difference by paying via one of GBE’s other accepted payment methods.

17.3          GBE is not responsible for any damages due to the loss, unauthorised use or unauthorised distribution of a Voucher after such time as it has sent the Voucher to the email address provided by the User.

Coupons

17.4          GBE offers two different types of Coupons on the Website, namely, a Monetary Coupon with a specified monetary discount, eg. A value of R500.00  and a Discount Coupon offering a specified percentage discount, eg. 20% off the purchase price.

Coupons are issued from time to time at the sole discretion of GBE as part of a marketing program or campaign. GBE is entitled at any time to correct, cancel or reject a Coupon for any reason whatsoever.

Unless specified otherwise on the Coupon itself:

17.4.1    each Coupon can only be used once;

17.4.2    only one Coupon can be used per order;

17.4.3    only one Coupon can be used on the Website per person per promotion/campaign;

17.4.4    where a Discount Coupon has been used and the User wishes to cancel any items in the order prior to making payment, the entire order must be cancelled. The User will be issued with a new Discount Coupon and will need to place the order again for the actual Goods that they wished to buy;

17.4.5    a Coupon must be used at check-out – it cannot be used later on existing orders; and

17.4.6    the value of the Coupon will be set off against the value of the User’s shopping basket and the balance remaining, if any, will be payable by the User at the time of checkout.

17.4.7    Coupons cannot be used to buy Vouchers or other Coupons.

17.4.8    Coupons cannot be exchanged or refunded for cash or credit.

17.4.9    GBE cannot be held responsible for any harm due to the loss, unauthorised use or distribution of a Coupon.

17.4.10  If for any reason a Coupon does not reflect on the final amount due from the User at check-out, the User can contact GBE to confirm if the Coupon is still valid.

17.4.11  The User may be required to submit the original communication containing the original Coupon code and any other information reasonably requested by GBE, before the User is able to use a Coupon.

18. Bundled Deals

GBE may from time to time offer bundled deals on the Website (hereinafter referred to as a ‘Bundles’). Each Bundle will consist of two or more products that either GBE or the User (as provided on the Website) have combined together into a single bundle.

19. Privacy policy

19.1       GBE respects the User’s privacy and will take reasonable measures to protect it, as more fully detailed below.

19.2       Should the User decide to register as a User on the Website, GBE may require the User to provide GBE with accurate and current personal information which shall include but is not limited to the User’s –

19.2.1    name and surname;

19.2.2    email address;

19.2.3    physical address;

19.2.4    mobile number

19.3       Subject to any clause to the contrary, GBE will not, without the express consent of the User, where the User has opted out from receiving marketing material from GBE:

19.3.1    use the User’s personal information for any purpose other than as set out below:

19.3.1.1 in relation to the ordering, sale and delivery of Goods,

19.3.2    disclose the User’s personal information to any third party other than as set out below:

19.3.2.1 to GBE’s employees and/or third party service providers who assist GBE to interact with the User via the Website, email or any other method, for the ordering of Goods or when delivering Goods to the User;

19.4     GBE will ensure that all of their employees who have access to User’s personal information are bound by confidentiality obligations in relation to the User’s personal information.

19.5     When a User provides a rating or review of Goods, the User consents to GBE using that rating or review as they deem fit without limitation or restriction. The User’s name may appear next to that rating or review. If the User does not agree to this, the User agrees not to put any ratings or reviews on the Website.

19.6       GBE will –

19.6.1    treat personal information as strictly confidential, save where GBE are entitled to share it as set out in this document;

19.6.2    take appropriate technical and organisational measures to ensure that personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;

19.6.3    provide the User with access to the User’s personal information to view and/or update such personal details;

19.6.4    promptly notify the User if GBE becomes aware of any unauthorised use, disclosure or processing of personal information;

19.6.5    upon the User’s request, promptly return or destroy any and all of the User’s personal information in GBE’s possession or control, save for that which they are legally obliged to retain.

19.6.6       Whilst GBE will do all things reasonably necessary to protect the User’s rights of privacy, GBE cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of personal information, whilst in their possession made by third parties who are not subject to GBE’s control.

19.6.7         The Website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which GBE may use) to recognise repeat users, in order to facilitate the user’s on-going access to and use of  the Website and allow the Website to track usage behaviour and compile aggregate data that will allow the Website operator to improve the functionality of the Website and its content, and to display more focused advertising to a user by way of third party tools. The type of information collected by cookies is not used to personally identify the User. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide the User with certain features available on GBE’s Website, and thus if the User disables the cookies on their browser, they may not be able to use those features, and their access to the Website will therefore be limited. If the User does not disable “cookies”, they are deemed to consent to GBE’s use of any personal information collected using those cookies, subject to the provisions of this document.

20. Changes to these Terms and Conditions

20.1       GBE may, at its sole discretion and without any prior notice, change any of these terms and conditions at any time of it’s choosing.

21. Ownership and copyright

21.1       The entire contents of the Website (hereinafter referred to as “Content”) are protected by law, including but not limited to copyright and trade mark law. The Content is the sole property of GBE.

21.2       Any use, distribution or reproduction of the Content is expressly prohibited

22. Disclaimer

22.1       The use of the Website is entirely at the User’s own risk and the User assumes full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.

22.2       Whilst GBE takes reasonable measures to ensure that the content of the Website is accurate and complete, GBE makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website.

22.3       In addition to the disclaimers contained elsewhere in these terms and conditions, GBE also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way.

22.4       The User accepts all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or the User’s hardware or software its employees, agents or authorised representatives. GBE thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with the User’s access to or use of the Website.

23. Governing law and jurisdiction

23.1       These terms and conditions and the relationship between the Parties and/or any dispute arising from or in connection with these terms and conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa and the User consents and submits to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.

23.2       In the event of any dispute arising between the User and GBE, The User hereby consents to the jurisdiction of the Magistrates of the Republic of South Africa (Krugersdorp, Gauteng).

23.3       If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

23.4       These Terms and Conditions contain the whole agreement between the User and GBE and no other warranty or undertaking is valid, unless contained in this document at the time of the User effecting payment.