Introduction:

 

The FANPORT online shop can be accessed at https://fanport.co.za, related mobile sites and applications (“the site”). The site enables buyers to shop for items including clothes, shoes, accessories and merchandise (“the products”) on behalf of local and international charities, clubs, schools and other such organisations (‘the organisations’). FANPORT is an authorised reseller of these items on behalf of the organisations to sell online and have them delivered door-to-door, to your nearest post office or via pick-up points within South Africa. All visitors to the site (“users” or “you”) will be able to see the products on offer, but only those who have registered for an account on FANPORT (“account holders” or “you”) are able to buy. 

Legally binding contract 

All users and account holders, including those that buy from the site (“buyers”) are bound by these terms and conditions (“T&Cs”). By registering, or using the site at all, you recognise that you’ve read, accepted and agreed to be bound by these T&Cs. Should there be any clause in these T&Cs that you do not understand, the onus is on you to ask FANPORT to please explain the relevant clause to you before you accept the T&Cs by using or buying from the site. 

With whom are you entering into a contract? 

The site is owned and run by FANPORT, a division owned by FUNDPORT (Pty) Ltd, registration number 2016/505386/07, a company incorporated in the Republic of South Africa (hereinafter referred to as “FANPORT”). More information about FANPORT is available at the end of these terms and conditions. 

Products and availability 

Please note that the stock of all items on offer is limited. FANPORT will make all reasonable attempts to ensure that special offers are brought to an end when stock runs out. If it happens that FANPORT is unable to fulfil any order at the advertised price because stock is sold out, FANPORT will inform you via email and you’ll be entitled to a reimbursement for the Rand value you have paid for such product. This is described in more detail under FANPORT’s Help section, Delivery and Returns.

 

Buying Products:

 

  1. The site allows you, the user, to place electronic orders (“order”) for one or more products on offer as long as such products are available and not sold out.
  2. A purchasing contract (“sale”) between you and FANPORT only comes into effect once you have fully completed AND submitted the online order form for one or more products in your shopping cart (“cart”) AND your payment has been authorised by FANPORT (or has been received into FANPORT’s bank account).
  3. The above is dependent on the product being available.
  4. Products on FANPORT cannot be reserved to be bought at a later stage, and placing an item in your cart without completing the order does not amount to a “sale”.
  5. This means that FANPORT may remove any product(s) from your cart before the sale actually takes place, in the event of the product going out of stock.
  6. FANPORT cannot be held responsible if the product(s) you added to your cart have become unavailable when you try to complete the sale.
  7. A tax invoice will be emailed to the email address on your FANPORT profile. A delivery note will be included with your order – please note that no prices are visible on the delivery note.

 

Cancelling and Ending Orders:

  1. FANPORT reserves the right to refuse processing of payment for any order and/or to cancel any purchase, partially or completely, with notice given to you.
  2. FANPORT will be liable for reimbursing you the rand value paid only if you have already paid for the cancelled order. You have the right to return non-defective products purchased within 30-days of the order being delivered.

 

Fraud:

  1. FANPORT reserves the right, in the interest of preventing fraud, to refuse the processing of payment for any order and/or to cancel any purchase, partially or completely.
  2. FANPORT may request documentation to complete the necessary fraud checks and cancel any order where the necessary documentation is not provided in a timely manner.
  3. In the event of a fraudulent purchase being placed on FANPORT, cardholders will be advised to initiate a chargeback via their bank in order to be refunded. FANPORT does not process refunds for orders suspected of fraud.
  4. FANPORT does not provide order details relating to orders suspected of fraud.

 

Product Pricing:

The price of each product is given on the product information page (“the product page”) on the site.

The Regular Retail Price

  1. The Regular Retail Price (“RRP”) is the standard price that FANPORT charges for the product. The RRP is determined by considering the suppliers’ price, market conditions, and the prices being offered by other local retailers.
  2. When a product is not on sale, on special, or included in a discount promotion, the RRP is the price you will pay when you purchase the product (“purchase price”).
  3. Please note that RRPs can change over the course of several seasons over which the product may be sold. The RRPs applicable at the time the product is introduced may differ from the RRP at the time of your purchase.

The Discount Price

  1. When FANPORT is having a sale or is running a discount centric promotion on specific products on the site – the discount price is shown on the product’s product page, as well as the Regular Retail Price (“RRP”). The discount price will be shown in red and the RRP will be shown alongside it – but will be crossed out.
  2. When a discount price is shown on the product page, the discount price is the price you will pay when you add the product to your cart at the discounted price, and conclude the sale at the discounted price i.e. the purchase price.

Pricing accuracy

  1. Every reasonable effort will be made to ensure that the RRP and, if applicable, the Discount Price of all products on FANPORT are correct at the time of your purchase. If, however, the product is offered at an erroneous price, FANPORT will not be obliged to supply the said product at the incorrect price.
  2. FANPORT will only be liable to return payment already made by you in the case you choose to cancel the sale once you have been made aware of the correct price.

 

Delivery Fees:

FANPORT has various delivery options.

  1. For orders of R600 or more, FANPORT delivers free of charge within South Africa, either door-to-door, door-to-post office counter or door-to-pick-up-point depending on where you are located.
  2. For orders under R600, FANPORT charges a non-refundable R50 fee to deliver either door-to-door, door-to-counter or door-to-pick-up-point depending on where you’re located.
  3. Door-to-post office counter deliveries are sent via Speed Services to the relevant post office based on the delivery address. You will receive an email from FANPORT with the tracking number required in order to collect your parcel. The post office may send you a notification of the arrival of your parcel.
  4. Door-to-door delivery is available for certain areas outside of main centres. Please check the delivery options in checkout once you have entered your address to see if you are eligible for door-to-door. A non-refundable R200 delivery fee is applied for door-to-door deliveries outside of main centres.
  5. FANPORT does not delivery to PO Box addresses.
  6. Every reasonable effort is taken to ensure that the delivery costs displayed on the site are correct at the time of your purchase. However, if a delivery fee is incorrectly displayed, FANPORT will not be obliged to deliver products at an incorrect delivery fee. FANPORT will only be liable to return payment already made by you in the case you choose to cancel the sale once you have been made aware of the correct delivery fee.

 

Making Payment:

You can pay on FANPORT using your Visa or MasterCard credit or debit card, via Electronic Funds `transfer (EFT) or SnapScan.

 

Paying by credit card

  1. FANPORT accepts payments made by Visa and MasterCard Credit Cards as well as chipped debit cards that have been activated for online purchases.
  2. When you place an order, the transaction details are presented to the bank for authorisation of the payment amount.
  3. If authorisation is not obtained, the order is cancelled. If authorisation is obtained, payment is usually immediate. You guarantee that you are fully authorised to use the credit card for payment of your order and that there are sufficient funds in this credit card account to cover the costs of any transactions you complete on FANPORT.

Paying by EFT:

Instant EFT

Instant EFT payment is available to all Nedbank, Standard Bank, Capitec, FNB and Absa customers. These payments are processed immediately and provide a secure transfer for immediate payment.

  1. How does it work?
  • Select your Bank
  • Login using your internet banking credentials
  • Upon successful payment your order status will be updated immediately.
  • There is no need to enter FANPORT’s banking details or order reference number
  • The automated process will navigate and populate the relevant fields on your behalf in the background
  • Select an account to pay from and enter a reference for your records
  • Your bank will send you an otp or mobile authentication to your mobile phone to verify the payment
  • Enter otp or accept the authentication message
  • Payment is complete
  1. How long do you have to wait?
  • Your order status will be updated immediately
  • There is no need to send through a proof of payment
  • There is no need to wait for funds to reflect in the sellers account
  1. Is it safe?
  • Instant EFT guarantees the highest levels of security when paying online
  • Instant EFT has a Thawte EV SSL encryption certificate which gives our payment processing service an extremely high level of security
  • Instant EFT acts as a proxy between you and the bank to facilitate a faster, safer and easier payment process for both the buyer and the seller
  • Your online banking login details are NOT stored

Manual EFT

  1. Please note, when selecting to pay by EFT, you have 24 hours post placing your order to make the payment.
  2. When making your payment, please be sure to use your order number as the beneficiary reference. This will ensure that FANPORT can process your order as quickly as possible.
  3. FANPORT will start processing your order as soon as your bank forwards the payment to FANPORT. Depending on the bank, it can take up to 3 days from the time you make the payment (which has to be done a maximum of 24 hours after placing the order) to when it appears in our bank account.
  4. The delivery lead time as specified on the site only starts once FANPORT has received the payment from your bank.

Paying by SnapScan:

  1. Please note, when selecting to pay by SnapScan, you have 6 hours post placing your order to make the payment.
  2. Once the payment is made and cleared, your order will be processed.
  3. If no payment is received after 6 hours, your order will be cancelled.

 

Delivery:

Standard Delivery

  1. As buyer, you indicate where in South Africa you require delivery, as well as contact numbers to be used in connection with delivery.
  2. In the case of door-to-door delivery, your parcel will be delivered to the address you specified in the checkout process.
  3. In the case of door-to-counter delivery, your order will be delivered to the post-office nearest to your address within the postal code you selected.
  4. In the case of door-to-pick-up-point delivery, your order will be delivered to your selected Pick-up-point.
  5. In the case of door-to-door delivery, if nobody is present at the address at the time of delivery, our courier will on the second attempt of delivery leave a note (in the letterbox if a residential address) to indicate that there was an attempted delivery.
  6. The courier will try once more (third attempt), and if at that time there is still no one to sign for the parcel, the parcel will be returned to our warehouse and a return will be processed for the goods. You will be contacted in order to confirm the refund method you would prefer.
  7. Should a delivery fee have been charged on the order, this will not be reimbursed, given that the courier has attempted delivery on numerous occasions.
  8. In the case of door-to-counter delivery, if the parcel is not collected within 30 days of it being delivered to the post office, the parcel will be returned to our warehouse and a return will be processed for the goods. You will be contacted in order to confirm the refund method you would prefer.
  9. In the case of door-to-pick-up-point delivery, if the parcel is not collected within 8 calendar days of being delivered, the parcel will be returned to our warehouse and a return will be processed for the goods. You will be contacted in order to confirm the refund method you would prefer.
  10. Unless we inform you otherwise, before you place your order and before the final confirmation, the estimated maximum delivery time for an order in South Africa – either door-to-door, door-to-post office counter or door-to-pick-up-point – is 10 working days.
  11. As outlined above, all FANPORT standard deliveries take place during business hours i.e. there are no deliveries over weekends or on public holidays. Please take this into consideration when selecting your delivery address.

 

Delivery completed

  1. A door-to-door delivery is considered complete as soon as the parcel is accepted and signed for either by the customer or by an individual on the customer’s behalf at the specified delivery address.
  2. In the case of door-to-counter or door-to-pick-up-point delivery, the delivery is considered complete when the parcel is successfully delivered by Speed Services to the post office associated with your delivery address, or to the applicable Pick up point.
  3. It is your responsibility, as buyer, to ensure that you or the intended receiver of the gift (when applicable) inspect(s) the parcel on arrival and makes known any justifiable complaints. The receiver has the right to refuse the parcel if it appears to have been opened or if it has clearly been damaged.
  4. Such complaints and claims must be brought to the attention of FANPORT by emailing support@fanport.co.za

Lost parcels

  1. In the event that a parcel is declared missing, should stock be available a replacement order will be sent to the customer via the intended original delivery method.
  2. If stock is not available, the order (at Rand value paid) plus any relevant delivery fee will be refunded.
  3. FANPORT will contact the customer in both cases to advise possible delays and/or preferred refund method.

 

Defective items, return and reimbursement:

  1. If you are dissatisfied with your purchase due to a defect, incorrect product choice or other reason, you may return it to FANPORT within 10 days of delivery, by the same delivery method which the parcel was received. If you are based in South Africa, you can either receive a FANPORT account credit or a refund, or have the product repaired or replaced, depending on the situation.
  2. In the case of a damaged or incorrect item having been delivered, FANPORT will evaluate each case and issue a refund upon proof of the damaged/incorrect item.
  3. Find more information on FANPORT’s Help section on Delivery and Returns

 

Sales Records:

Complete records of each transaction between you and FANPORT are kept on the site for 12 months after a particular purchase or related transaction. During this time, you’ll be able to view and print out these records. After the 12-month period the responsibility of keeping Such record falls onto you.

 

Competitions and Promotions:

FANPORT may release printed or digital discount coupons (“coupons”) from time to time. Such coupons may be available through the website and/or from third-party websites, in magazines and other media. Coupons can be used to secure a discount on the site as long as the coupon is valid. Given expiry dates cannot be moved.

Promotional coupons

  1. Promotional coupons are issued at FANPORT’s discretion. Users don’t have the right to promotional coupons and can’t earn them.
  2. Promotional coupons are issued with specific terms and conditions that regulate how and when they can be used. For example, certain coupons may be product specific in that they are only valid against a selected group of products. Exclusions may also exist with certain coupons. The onus is on the shopper to check the full coupon T&Cs to ensure they understand the coupon’s applications and limitations.
  3. In general, unless otherwise specified on the coupon itself: a coupon is only valid for 30 days from date of issue. A coupon can only be used against a purchase on the site when the purchase meets the terms and conditions as specified on the coupon.
  4. Only one coupon can be used per shopping cart. Coupons are not transferrable and cannot be exchanged for cash. The discount value of the coupon will be deducted from the total amount in your shopping cart. The remaining balance, if any, must be paid by you.
  5. Creation of multiple FANPORT accounts, with different email addresses, in order to utilize a coupon on multiple occasions, is abuse of the benefit and FANPORT reserves the right to not release these orders.
  6. Should you wish to return an item you have purchased using a coupon: 

    If you have redeemed a coupon against a purchase, and you’d like to return all items purchased, FANPORT will refund you or credit your account with the rand value of the purchase. Please refer to the specific terms and conditions on the coupon for information on whether it will be reinstated and the terms that will apply. 

    b. If you have used a coupon against a purchase and then return some of the products purchased, FANPORT will apportion the value of the coupon across the relevant items in the cart and then refund you the relevant rand amount based on the items being returned. 

    c. If you have used a coupon against a purchase and then return some of the products purchased, FANPORT will recalculate the total value of your purchase AFTER the returned product(s) has/have been deducted. If the recalculated purchase value no longer meets the terms and conditions associated with the coupon, FANPORT reserves the right to deduct the value of the coupon off the refund for the returns, or, should you have credit in your FANPORT account, to debit the value of the coupon off your account balance.

  7. Order value must exceed R650 after discount for free delivery.

 

Promotional coupons cannot:

  1. Be used to buy gift vouchers
  2. Be exchanged for cash
  3. Be transferred to anyone else
  4. Be used after the expiry date which is, unless otherwise specified, 30 days from date of issue
  5. Be used together with any other promotion, items already on sale or items discounted as part of another promotional offer.

 

Competitions and Promotions:

Electronic gift vouchers can be purchased on the FANPORT website. FANPORT gift vouchers can only be redeemed while they are valid. Their expiry dates cannot be extended.

Vouchers cannot be:

  1. used to purchase other Gift Vouchers;
  2. used towards purchases at any affiliate websites or
  3. exchanged for cash

General terms of FANPORT gift vouchers:

  1. Gift voucher value can be set by you, to any value between R50 and R10 000.
  2. The chosen value must be in rands, no cent values are permitted.
  3. You may use more than 1 gift voucher per transaction, should you wish to.
  4. If a gift voucher Is used to purchase a cart that is of lower value than the voucher, the residual amount will be tied to the voucher code.
  5. You can check the balance of a gift voucher within your user account section.
  6. If you have a gift voucher, that voucher can be used by someone other than you and you can assign your rights to use that voucher. We assume no liability for the loss, theft or illegibility of gift vouchers.
  7. You may purchase gift vouchers for use on the Site by yourself or as a gift. These gift vouchers will be sent to you or your chosen recipient via email.
  8. Gift vouchers cannot be used to buy further gift vouchers.
  9. The credit of a gift voucher does not accrue interest nor does it have a cash value.
  10. Gift vouchers are not refundable for cash once purchased.
  11. If the credit of a gift voucher is insufficient for the Order you wish to make, you may make up the difference through either Credit Card, EFT, SnapScan or store credit.

 

Security:

  1. Anyone downloading or trying to download malware or damaging coding on this site, or who tries to gain unauthorised access to any page on this site, will be prosecuted.
  2. FANPORT will claim civil damages from Such person if FANPORT suffers any damage or loss.
  3. You agree and guarantee that the username and password you use to log in is for your personal use only, and will not be passed on to any third party.
  4. You allow FANPORT to take all steps reasonably possible to ensure the integrity and security of the site and in the administrative office.
  5. All credit card transactions on the site are protected by SSL (Secure Socket Layer) encryption and reinforced by various encryption processes with the aim of offering the most effective possible protection of any sensitive information. FANPORT has no access to any confidential information regarding your payment method.
  6. Only FANPORT’s banking partner will access confidential information (Such as your credit card number, expiry date, CVV etc.) from time to time.

 

Indemnity:

FANPORT is responsible for adhering to the Consumer Protection Act 68 of 2008 (“CPA”) with the sale of any products from the site. Similarly, FANPORT is responsible for adhering to articles 43(5) and 43(6) of the Electronic Communication and Transactions Act in terms of payment systems and security. 

However, neither FANPORT nor any of its representatives will be held responsible for any loss or accountability of any kind that arises from the use of (or inability to use) this site, its services or content. 

Furthermore, FANPORT provides no guarantee, implied or otherwise, that the content or technology attached to this website is free or errors or omissions. Nor is there any guarantee whatsoever that service will be 100% uninterrupted or faultless. We encourage you to report any possible malfunctions and errors by emailing support@fanport.co.za

Although the products on the site may be under guarantee, the site itself is offered on an “as it is” basis and is not set up or delivered according to your individual specifications. 

It is your responsibility, before accepting these T&Cs, to determine whether the service available through this website satisfies your individual needs and is compatible with your hardware or software. Information, ideas and opinions expressed on this web site should not be regarded as professional advice, or as FANPORT’s official stance. 

We encourage you to obtain professional advice before taking any action on the strength of information, ideas or opinions expressed on this site.

 

Applicable Laws:

  1. This site is offered, controlled and run from the Republic of South Africa. As Such it is governed by South African legislation, and subject to the disputes clause in these T&Cs.
  2. You and FANPORT are subject to the non-exclusive jurisdiction of the South African courts. Each and every section of these terms and conditions must be read as individual and separable from the rest of the terms and conditions.
  3. Should any court or qualified authority find that any of the terms are invalid or unenforceable, the remainder of the terms and conditions will remain standing, despite invalidity or unenforceability of an individual term.

 

Privacy Policy:

FANPORT website visitors, subscribers, registered account holders and shoppers are subject to the overarching fanport.co.za privacy policy.

 

Changes to Terms and Conditions:

FANPORT may, at its own discretion, change these terms and conditions or any part thereof. As indicated in the T&Cs, it is the responsibility of the registered account holder or user to familiarise yourself with the T&Cs before using the site. By registering, or using the site at all, you recognise that you’ve read, accepted and agreed to be bound by these T&Cs.

 

Disputes:

Barring urgent or interim legal help that may be granted by a court of law: In the event of any disputes of any kind between you and FANPORT, arising out of any situation catered for in these terms or conditions (or that arises out of these terms and conditions) and that cannot be resolved by the client service centre, the dispute may be presented for confidential arbitration. 

Such arbitration will be handled according to the rules stipulated by the Arbitration Foundation of South Africa. 

Legal notice address 

FANPORT elects as address for all purposes regarding these terms and conditions, whether for legal notices or serving of other communication documents of any kind, the following address: 

Ground Floor
Belmont Square 
Belmont Road 
Cape Town 8001 
Tel. 021 659 2092 

An electronic copy is to be sent to support@fanport.co.za (Such copy must be delivered in conjunction with physical copy for serving to be effected.)

Terms and Discontinuation:

These terms and conditions take effect on the date of first publication of the website and continue indeterminately. They may be revised by FANPORT from time to time (as described above), for as long as the website continues to exist and be operated. FANPORT is entitled to terminate these terms and conditions or close down the website at any time, subject to processing any pending purchases. 

If you don’t meet your obligations regarding these terms and conditions, including any incidents about payment and price or an order, and you neglect to rectify Such non-adherence within 5 working days after FANPORT has instructed you to do so, your access to the service will be blocked. 

We have the right to close your account and deny you access to the site, depending on the severity of your actions. Such action on the part of FANPORT will not have any negative effect on any damages FANPORT may claim.

Copyright and Other Intellectual Property:

Any and all copyright relating to the website, including these terms and conditions, is held by FANPORT (and partners). All rights not expressly given are reserved. You may download, view and print content from this site only for private and non-commercial ends. To obtain permission for commercial use of any content from this site, please send an email support@fanport.co.za.. FANPORT is unable to edit or screen all content on the site, and will not be held accountable for illegal, libellous or obscene content. We advise you to inform FANPORT of any offensive or illegal material. All content, trademarks and data on this website, including but not limited to software, databases, text, graphics, icons, links, private information, designs and agreements, are the property of or under licence of FANPORT. As Such they are protected by local and international legislation and agreements.

Electronic Communication:

When you sign up for a FANPORT newsletter, opt into marketing communication, register an account, conclude a purchase, visit the site or send an email to support@fanport.co.za, you agree to get electronic communication from FANPORT.

Links, ‘Framing’, ‘Spiders’ and ‘Crawlers’:

No person, business or website may be linked to any page on this site without prior written permission from FANPORT. Such permission can be obtained by sending an email to support@fanport.co.za.

 
Links to non-FANPORT sites given on this website are provided “voetstoots” and FANPORT does not necessarily agree with the content of Such sites, which FANPORT is unable to edit or underwrite. 

No person, business or website may use any technology to glean information from this site without prior written permission from FANPORT. Such permission can be obtained by sending an email to support@fanport.co.za 

Fanport.co.za Corporate Information:

The Electronic Communication and Transactions Act determines that when goods or services are provided via certain electronic transactions, the seller must make certain information public on the site where the goods or services are offered. 

FANPORT information is as follows: 
FUNDPORT PROPRIETARY LIMITED 
Trading as FANPORT – Reg. Nr 2016/505386/07 

FANPORT elects as address for all purposes regarding these terms and conditions, whether for legal notices or serving of other communication documents of any kind, the following address:

Ground Floor
Belmont Square
Belmont Road
Cape Town 8001
Tel. 021 659 2092