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FIJN BOTANICALS – TERMS & CONDITIONS

1. DEFINITIONS

For purposes of these Terms:

  • “Company”, “we”, “us”, “our” refers to Fijn Botanicals (Pty) Ltd
  • “User”, “you”, “customer” refers to any person accessing or purchasing
  • “Website” refers to www.fijnbotanicals.com and related platforms
  • “Products” refers to all goods sold, including botanical, skincare, and wellness items
  • “Services” includes online sales, retail, wholesale, consultations, and related offerings

2. APPLICATION OF TERMS

These Terms govern:

  • Use of the Website
  • All purchases (online, retail, wholesale, and hospitality)
  • Any interaction with Fijn Botanicals

By using the Website or purchasing Products, you:

  • Confirm that you are legally capable of entering into binding agreements
  • Agree to be bound by these Terms

3. LEGAL COMPLIANCE

These Terms are drafted in accordance with:

  • The Consumer Protection Act, 2008 (CPA)
  • The Electronic Communications and Transactions Act, 2002 (ECTA)
  • The Protection of Personal Information Act, 2013 (POPIA)

Nothing in these Terms limits your statutory rights where applicable.

4. NATURE OF PRODUCTS

Fijn Botanicals supplies natural botanical products.

You acknowledge that:

  • Products are not medicines
  • Products are not evaluated by the South African Health Products Regulatory Authority (SAHPRA)
  • Products are not intended to diagnose, treat, cure, or prevent any disease

All content provided:

  • Is for informational purposes only
  • Does not constitute medical advice

You should consult a qualified healthcare professional where appropriate.

5. ASSUMPTION OF RISK

By purchasing or using Products, you agree:

  • Use is at your own risk
  • Natural products may cause allergic or adverse reactions
  • You are responsible for:
    • Reviewing ingredients
    • Conducting patch tests
    • Determining suitability

Fijn Botanicals is not liable for misuse or inappropriate application.

6. USER OBLIGATIONS

You agree not to:

  • Use the Website unlawfully
  • Interfere with functionality or security
  • Misrepresent your identity or customer category

7. INTELLECTUAL PROPERTY

All Website content remains the property of Fijn Botanicals, including:

  • Branding
  • Images and text
  • Product formulations (where applicable)

No content may be used without written consent.

8. PRICING STRUCTURE & CUSTOMER TIERS

We operate multiple pricing tiers:

  • Retail
  • Wholesale
  • Hospitality / Trade

You acknowledge:

  • Prices may differ across tiers and platforms
  • Access to certain pricing is conditional

We reserve the right to:

  • Adjust pricing at any time
  • Correct pricing errors

9. FORMATION OF SALES AGREEMENT

A binding agreement is formed only when:

  1. An order is placed
  2. Payment is received
  3. The order is accepted and/or dispatched

We reserve the right to cancel orders due to:

  • Stock limitations
  • Pricing errors
  • Suspected fraud

10. PAYMENT

  • Payment must be received before dispatch unless otherwise agreed
  • Third-party payment providers may be used

We are not liable for failures or delays in third-party systems.

11. DELIVERY & RISK

  • Delivery timelines are estimates
  • Risk passes upon delivery

You must inspect Products and report issues within a reasonable time.

12. RETURNS & REFUNDS

Returns are subject to:

  • Our Returns Policy
  • Applicable provisions of the CPA

Products must generally be:

  • Unused
  • In original condition

Certain items may not be eligible for return.

13. PRODUCT VARIABILITY

Due to the natural nature of Products:

  • Variations in colour, scent, and texture may occur

These variations do not constitute defects.

14. LIMITATION OF LIABILITY

To the fullest extent permitted by law:

Fijn Botanicals is not liable for:

  • Indirect or consequential damages
  • Loss of profits or business
  • Reactions arising from Product use

Total liability is limited to:

The amount paid for the Product in question

15. INDEMNITY

You agree to indemnify Fijn Botanicals against any claims arising from:

  • Product misuse
  • Breach of these Terms
  • Unlawful conduct

16. WHOLESALE & TRADE

Wholesale customers may be subject to separate agreements.

Where conflict exists:

→ The specific agreement prevails

17. PROMOTIONS

Promotions:

  • Are discretionary
  • May be withdrawn at any time

Misuse may result in cancellation.

18. ELECTRONIC COMMUNICATIONS

You consent to electronic communication and records in terms of ECTA.

19. PRIVACY

Personal information is processed in accordance with POPIA and our Privacy Policy.

20. FORCE MAJEURE

We are not liable for delays caused by events beyond our control.

21. TERMINATION

We may suspend or terminate access in cases of:

  • Breach of Terms
  • Suspected abuse or fraud

22. GOVERNING LAW

These Terms are governed by the laws of South Africa.

23. SEVERABILITY

Invalid provisions do not affect the remainder of the Terms.

24. CHANGES TO TERMS

We may update these Terms at any time.

Continued use constitutes acceptance.

25. LIMITATION OF PERSONAL LIABILITY

25.1 All Products and Services are supplied by Fijn Botanicals as a separate legal entity.

25.2 No director, shareholder, employee, contractor, or representative shall be personally liable for:

  • Any loss or damage arising from Product use
  • Any Company obligations
  • Any act performed in good faith within their role

25.3 You agree to contract solely with the Company.

25.4 This does not apply in cases of:

  • Fraud
  • Wilful misconduct
  • Gross negligence
  • Non-excludable legal liability

26. EXTENDED INDEMNITY

You indemnify Fijn Botanicals and its representatives against:

  • Product misuse
  • Adverse reactions
  • Breach of Terms
  • Negligent or unlawful conduct

27. PRODUCT USE & STORAGE

You are responsible for proper storage and handling.

We are not liable for damage caused by:

  • Heat
  • Sunlight
  • Contamination
  • Incorrect use

28. SENSITIVE USE

Certain Products may not be suitable for:

  • Children
  • Pregnancy
  • Medical conditions

Professional advice should be sought where necessary.

29. NO GUARANTEES

No guarantees are made regarding:

  • Results
  • Effectiveness

Outcomes vary between individuals.

30. THIRD-PARTY SERVICES

We are not liable for failures in:

  • Payment providers
  • E-commerce platforms
  • External systems

31. PROFESSIONAL USE

Where Products are used commercially:

  • You assume full responsibility
  • We are not liable for third-party claims

32. REPUTATIONAL PROTECTION

You agree not to make false or harmful statements about the Company.

33. CONTENT DISCLAIMER

All educational content:

  • Is informational only
  • Is not professional advice
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