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Disclaimer

Fyn & Bos: Disclaimer & Limitation of Liability

1.   Introduction

1.1  This Disclaimer does not express to exclusively contain all limitation of liability and disclaimer clauses of this Website, which you hereby acknowledge. Fyn & Bos recommends that if you are concerned about the extent of disclaimers or limitation of liability that you read the main terms and conditions in this Website as well as the Cookie and Privacy Policies.

1.2  Definitions and other interpretation tools used in the Fyn & Bos main terms and conditions on this Website shall apply to the terms and conditions of this Disclaimer. The terms and conditions of the main terms and conditions apply mutatis mutandis (subject to the necessary changes) to this Disclaimer.

2.   Disclaimer & limitation of liability

2.1  Nothing in this Agreement, its terms and conditions shall be construed as extending the protection afforded by either the CPA or ECTRA beyond the intended protected persons stipulated in those acts, nor shall any such extension be applied in a similar manner to any other legislation that may apply to this Agreement.  

2.2  All Fyn & Bos’s Products have colour variances from time to time, such colour variances are a natural consequence of the processes required to create them, and as such Fyn & Bos accepts no liability for colour variances. There may also be small variances in sizes of Products: these are also a consequence of the process required to create them, and as such Fyn & Bos will not accept the return, refund or repair where the basis therefor is negligible size variances.

2.3  Should you use your own EFT to effect payment to Fyn & Bos (or other electronic payment channel to effect payment), Fyn & Bos shall not be liable for any losses, damages and/or theft (of whatsoever nature, and whether actual, contingent or consequential) that may arise due to the use of your own payment portal or EFT payment technology to make payment of any amount to Fyn & Bos.

2.4  Insofar as the CPA does not apply to you, all Products are sold voetstoots: however, In Stock items are still subject to 7 (Seven) day return policy set out in clauses 10.1 to 10.6 in the terms and conditions of the main Agreement on this Website.

2.5  Fyn & Bos shall not be liable to the Consumer for any direct or indirect damages or loss of whatsoever nature (and arising from whatsoever cause), whether actual, contingent, direct, indirect, incidental or consequential, as a result of entering, using or continuing to use this Website, using any plugins, applications or functionalities of Fyn & Bos service providers, entering into an agreement with Fyn & Bos and/or from the purchase of any Products from Fyn & Bos or the use of Fyn & Bos services; and whether such damages or loss arise from the negligence of Fyn & Bos and/or its agents or service providers. Fyn & Bos’s limitation of liability extends to the maximum possible extent allowed under any particular jurisdiction, and only to the extent that such limitation of liability exceeds what is permissible under South African law, shall such limitation of liability be reduced to the maximum allowable liability limitation in Fyn & Bos’s favour under South African law.   

2.6  Fyn & Bos gives no warranties, express, tacit or implied, other than what are expressly imputed by legislation or expressly provided for in these terms and conditions and this Agreement, in respect of its Products or services (or those of its agents and service providers).

2.7  Fyn & Bos shall not be liable if the Website is down or not functioning (fully or partially), or if plugins, applications, functionalities (including those of it service providers) malfunction, are down or are not working: the provisions of clause 2.5 applying mutatis mutandis (subject to the necessary changes) in such circumstances.

2.8  Fyn & Bos shall not be liable should you make payment into the wrong back account by EFT – clause 2.5 applying (subject to the necessary changes). It is your responsibility to verify and ensure that you make payment into Fyn & Bos’s designated bank account by EFT. Please also use the correct reference supplied to you by Fyn & Bos – failure to do so will delay the manufacture and/or delivery of a Product you purchase or order.

2.9  No website, data transmission over the internet, electronic communication or electronic transaction is ever entirely secure, and as such information is always vulnerable. Without limitation, personal and financial information is susceptible to interception by virtue of the very nature of electronic communications, user and password information being obtained or disclosed, viruses, malware or other methods of interception. As such Fyn & Bos assumes no liability for such vulnerabilities and/or interceptions, the provisions of clause 2.5 applying to its fullest extent. You accept this risk when you enter, use, and/or purchase through this Website or download any information.

2.10 Fyn & Bos gives no warranty of whatsoever nature that communications, e-mails, the Website and/or any component thereof, is free of viruses, malware or other malicious software: the provisions of 2.5 applying (subject to the necessary changes).

2.11 Fyn & Bos accepts no liability (of whatsoever nature) for other websites that Fyn & Bos links to or uses (directly or indirectly) either as service providers or merely as links; such other websites views, opinions, downtime, security, functionality, further links or any material on such other websites, are not the responsibility of Fyn & Bos as they are beyond the control of Fyn & Bos, nor is such linking mean that Fyn & Bos necessarily condones or supports such views or opinions. The provisions of 2.5 shall apply here (subject to the necessary changes). For websites that link or frame (directly or indirectly) to Fyn & Bos’s Website, such linking or framing must not be construed as in any way indicating that Fyn & Bos condones, accepts or supports any views, materials, images and/or opinions of such other website/s.

2.12 Fyn & Bos may disclose your personal information to third parties from time to time. Such disclosures will be linked either directly or indirectly to the purposes identified in 2.7 of the Privacy Policy, and without limitation include delivery, data storage and/or website hosting. Fyn & Bos does not guarantee the security of how these third parties deal with your personal information, and accepts no liability of whatsoever nature should your personal information be breached, leaked or insecurely processed or used. Fyn & Bos may also link to other websites which do not exercise the same security procedures, standards or privacy or cookie policies as Fyn & Bos. Fyn & Bos recommends that you read the terms and conditions, privacy and cookie policy of any service providers that are available in or linked to this Website in order to determine any risks you may be exposed to, prior to proceeding to interact with that service provider.

2.13 Although Fyn & Bos takes measures to ensure your personal data is kept private, no personal information is ever completely safe and secure (especially information transmitted over the internet or held electronically), and is always potentially vulnerable. You accept this risk.

2.14 You agree not to hold Fyn & Bos liable for any breach (of whatsoever nature) of the Privacy Policy, and waive any claim for damages (whether actual, consequential or contingent) based thereon.

2.15 Fyn & Bos shall not be liable for vis maior (Act of God) or casus fortuitous (accidental occurrence), including without limitation: riots, floods, fire, civil unrest, war, natural disaster, or any other event beyond the control of Fyn & Bos, and however such events may affect this Website and its functionalities, any agreement or transacting with Fyn & Bos, or the manufacture and/or delivery of Fyn & Bos Products or services – the provisions of 2.5 applying.

2.16  You use this Website and its software, service provider functionalities, and any other aspect contracted out of liability in this Disclaimer, at your sole risk.

2.17 The terms of this Disclaimer and any disclaimer that may occur in the main terms and conditions of this Website or the Privacy and Cookie Policy shall be construed as a disclaimer in favour of Fyn & Bos, its directors, shareholders, employees, contractors, agents and advisors.

2.18 Fyn & Bos’s limitation of liability and disclaimer extends to the maximum possible extent allowed under any particular jurisdiction, and only to the extent that such limitation of liability exceeds what is permissible under South African law, shall such limitation of liability be reduced to the maximum allowable liability limitation in Fyn & Bos’s favour under South African law.

2.19 Fyn & Bos shall not be liable for any damages, claims and/or loss (of whatsoever nature) and whether actual, contingent or consequential, direct or indirect in nature, and arising from the fact that a potential purchase or purchases by you was not confirmed by payment, allowing another Customer to purchase the items that you may have added to your virtual shopping cart as provided for in clause 8 of the main terms and conditions on this Website.