Introduction

This website can be accessed at fanport.co.za, related mobi-sites and software applications (the “Website”) and is owned and operated by Fundport (Pty) Ltd (“Fanport”, “we”, “us” and “our”).

These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.

These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”).By using the Website or by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.

The Website enables you to shop online for an extensive range of goods including clothing, headwear, bags, kids apparel, and more (“Goods”).

Important Notice

These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).

These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –

may limit the risk or liability of Fanport or a third party; and/or

may create risk or liability for the user; and/or

may compel the user to indemnify Fanport or a third party; and/or

serves as an acknowledgement, by the user, of a fact.

Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.

If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Fanport to explain it to you before you accept the Terms and Conditions or continue using the Website.

Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Fanport in terms of the CPA.

Fanport permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.

Returns

Please refer to our Returns Policy for more information about returning products (and related refunds, replacements or repairs).  The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).

Conclusion of sales and availability of stock

Users may place orders for Goods, which Fanport or our suppliers may accept or reject. Whether or not Fanport or the Third Party Supplier accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by Fanport for the Goods.

NOTE: Fanport or the Third Party Supplier will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and Fanport or the Third Party Supplier come into effect (the “Sale”).This is regardless of any communication from Fanport stating that your order or payment has been confirmed. Fanport will indicate the rejection of your order (by Fanport itself or the Third Party Supplier) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.

You may cancel an order at any time provided you do so before receiving branding layout approval CAD. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy.

Placing Goods in a Wishlist or shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket  if either stock is no longer available or the price thereof may have changed without notice to you. You cannot hold Fanport or the Third Party Supplier liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.

You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by Fanport, Fanport will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, Fanport will notify you and you will be entitled to a refund of any amount already paid by you for such Goods. 

In the case of Goods for sale by a Third Party Supplier, Fanport relies on inventory information supplied by the relevant Third Party Supplier and Fanport accordingly bears no liability for any inaccuracies in the information supplied to it.

Certain Goods may not be purchased for re-sale. Should we suspect that any such Goods are being purchased for sale, we are entitled to cancel your order immediately on notice to you.

Payment

We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.

Payment for all Goods for sale by Fanport can be made via –

  • Credit Card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods.
  • Direct Bank Deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 3 (days) days of placing your order. Fanport will not accept your order if payment has not been received;
  • Instant EFT;
  • Cash (except where any of our exclusions apply, as listed in our FAQ); by selecting this option, you undertake to ensure that you have the exact cash on hand at the time of placing the order. Cash would have to be paid either at the office of Fanport, or to the representative of Fanport, who must issue a receipt as proof of payment.
  • Debit card

The above payment options are explained in more detail in our Frequently Asked Questions (“FAQ”): Payment, which are incorporated by reference.

You may contact us via our “Contact us page” to obtain a full record of your payment. We will also send you email communications about your order and payment.

Once you have selected your payment method (save for cash on order or direct bank deposit), you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.

Delivery of goods

Fanport offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:

  • courier; or
  • self-collection.

For more information about delivery, please see our FAQs: Shipping and Delivery, which are incorporated into these Terms by reference. Our delivery charges are subject to change at any time, without prior notice to you, so please check the FAQs for the most up-to-date information. You will see the applicable delivery charges in your cart when you check out.

Where it accepts your order, Fanport or the Third Party Supplier will deliver the Goods to you within 14 business days, but no later than 30 (thirty) days of receipt of your payment and artwork approval (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price, less any cost incurred for artwork and layouts.

Fanport’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. Fanport is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.

Branding Terms and Conditions

ACCEPTABLE FILE FORMATS: .CDR / .EPS / .AI / .PDF

TIPS TO HELP YOU PREPARE YOUR ARTWORK

All fonts must be converted to curves to avoid font substitutions.

Please include font and size if typesetting is requested.

Artwork for multi-colour imprints should be sent as a colour separated file (exceptions: digital printing).

Formats we do not accept: Word files, .gif, .jpeg (under 600dpi), Power Point.

Please forward the electronic artwork directly to your Account Manager at Fanport.

Upon written approval of layouts please confirm with your Account Manager that they have received your signoff.

Fanport cannot take responsibility for non-delivery of orders if layout approval is not received.

Branding will only commence once full payment for stock and branding has been received (where a client is not on payment terms) and artwork has been approved.

If cheques are deposited into our bank account, branding will only commence once payment has cleared (for clients not on payment terms).

You acknowledge that It is your responsibility to confirm that proof of payment has been received by your Account Manager. Fanport cannot take responsibility for missed deadlines if payment has not been confirmed with your Account Manager.

For fast clearing of orders please e-mail [email protected].

Reminders will be sent out daily if we require either approval or payment from you before commencing with a job. If you have paid for and approved the order and are still receiving these reminders, please contact your Account Manager directly to ensure that we have received all the relevant information.

Delivery dates are quoted from the day after artwork approval and receipt of payment – whichever is later.

Amendments made to proofs will result in a delay to delivery date. Should you require changes, we will issue a new layout for final proofing before production commences.

Artwork Fees

 Artwork received in the correct format will not be charged for.

Artwork not received in the correct format will attract a redrawing fee of R250. This fee will accommodate 2 further changes to the layouts, where after any additional changes will be charged for at R100 per change.

Branding cancelled after layouts have been generated will be charged for at R100 per layout completed.

Sample Policy

 We understand the need for our clients to have samples to see quality and sizing.

Fanport’s Sample Policy is as follows:

  • Samples are available for purchase and collection from our Cape Town office.
  • Samples must be paid for in full before they are ordered in from our suppliers.
  • Samples with an individual value of less then R 50 may not be returned for a refund or credit.
  • Samples with an individual value of R 50 or more may be returned for a refund or credit.
  • Samples must be returned in the original condition as well as the original packaging so that a refund/credit can be ensured.
  • Damage to any part of the sample or packaging will result in the samples not being a accepted for return.
  • Samples must be returned within 4 working days in order to receive a credit or refund.

 Errors

 We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy. 

Fanport shall not be bound by any incorrect information regarding our Goods displayed on any third party websites.

 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 [email protected]

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:

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.

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.

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 2091 

An electronic copy is to be sent to [email protected] (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 [email protected].. 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 [email protected], 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 [email protected].

 
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 [email protected] 

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 2091