The Fine Print
THESE TERMS AND CONDITIONS ARE BINDING AND ENFORCEABLE AGAINST ALL PERSONS THAT ENTER INTO ANY AGREEMENT WITH FIRNIC AND / OR ACCESS FIRNIC’S WEBSITE OR ANY PART THEREOF (INCLUDING THOSE MENTIONED ABOVE, I.E., PATIO FURNITURE ONLINE AND PATIO SA).
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MUST LEAVE FIRNIC’S WEBSITE NOW, AS FURTHER USE WILL AUTOMATICALLY BIND YOU TO THESE TERMS AND CONDITIONS.
THE TERMS AND CONDITIONS AS SPECIFIED BELOW REFER TO MAINTENANCE / RENOVATION / REFURBISHMENT AND / OR SALE OF ANY ITEM(S) WHETHER PURCHASED THROUGH FIRNIC’S ONLINE STORE OR IN PERSON OR BY PROXY, AS WELL AS, WHERE APPLICABLE, THE MANUFACTURE, SALE AND/OR SUPPLY OF MANUFACTURED ITEMS, STOCK ITEMS, CUSTOM MADE ITEM(S) AND/OR ANY OTHER ITEM(S) DIRECTLY OR INDIRECTLY SUPPLIED BY FIRNIC.
1) A deposit of 30% is required before manufacturing and / or processing of any order(s) commence. Note that items may take from 2 to 8 weeks to be ready for collection / delivery (see point 2). Any outstanding amount due to FIRNIC, together with the Delivery and / or Courier fees are payable upon confirmation by FIRNIC that the item(s) are ready for shipment/delivery. Once all outstanding payments have been processed and cleared, FIRNIC will be in touch with you (the Client) to confirm and mutually agree upon a delivery date. (All times given are approximate and although FIRNIC will do their utmost to honour the agreed time and date, FIRNIC, their staff, agents, management and / or outsourced delivery / courier company cannot be held liable if delivery / collection (by the Client or delivery / courier company) has to be rescheduled due to external factors, including but not limited to vehicle availability etc.
2) Manufacturing & Delivery / Collection schedules are occasionally hampered due to inclement weather, undue delays in receiving completed work from the powder-coaters, galvanizers, and/or steel-bending contractors, suppliers etc. as applicable. Notwithstanding delays that may be caused by other external factors such as delays in receiving ordered items / fixtures / ornamentation from external suppliers, load shedding or any other delay that is not directly caused by FIRNIC. Should the above lead time elapse as a result of external factors, FIRNIC is expressly not liable for any loss or damage that may be incurred by the Client as a result thereof. FIRNIC will be in contact with you, the Client, regarding the progress of your order, and to confirm a mutually convenient delivery/shipment date.
3) Although extreme care & experience is always applied during installations/delivery/assembly of supplied items on site, FIRNIC expressly does not assume any responsibility nor liability for any loss or damage of any item(s) by whatsoever nature, whether at time of installation/delivery/assembly, or at any time in the future as a result thereof. Please ensure that the access area(s) to final location of items delivered is clear and free of delicate items.
4) FIRNIC reserves the right to use any pictures of the project/s, manufactured, and /or retailed items, for advertising purposes, placement on websites, etc. without prior approval.
5) Should the Client wish to make any design changes or alterations to any ordered item(s), payment of any and all additional costs thereof incurred will be due and payable by the Client before delivery / collection.
6) It is understood and accepted that Wrought Iron, Cast Iron as well as hand / sand Cast Aluminium items have certain surface imperfections which is in the nature of the product, and are therefore not as smooth as mild steel, for example. Such items will be galvanized where applicable and/or powder coated as is, and accepted as such, being in the nature of the product. Note that bedsteads, daybeds and / or any other item(s) being for internal use, are epoxy powder coated only. All galvanizing and powder coating shall be out-sourced to reputable companies conforming to strict standards. FIRNIC does not accept any responsibility or liability for the quality of such coatings, nor for longevity of coatings, which may be affected by weather and / or usage. Should the Client wish to inspect ordered items before delivery / collection, this must be communicated to FIRNIC in advance and where possible FIRNIC will advise on a suitable day & time to do so. Unless the above is explicitly stated by the Client, delivery / collection (by courier) procedure will take place as per normal.
7) Finished items may vary from any picture(s) or design sketches due to supplier shortages of materials, ornamentation, etc. where applicable. In such event FIRNIC will strive to keep the finished item within the general theme of the product sample picture(s), subject to the manufacturer / designer’s approval (where applicable). This also applies to hand / sand cast item(s) where each item may vary slightly from the other as is not unlikely when not working with machine cast item(s).
8) Irrespective of any monetary deposit as per point 1), ALL items supplied and / or installed by FIRNIC remain the property of FIRNIC until paid for in full, and FIRNIC may at its own discretion & time schedule remove any or all items in the event of any dispute and/or non-payment of any amount due, in which case access to the premises shall not be denied.
9) By acceptance of the quotation / pro forma invoice / invoice provided and / or payment (any monetary amount paid to FIRNIC for item(s) ordered) made by the Client, it is understood and accepted by FIRNIC that the Client has read, understands and will be bound to these Terms and Conditions and warrants that he/she has full legal rights and entitlement to enter into this transaction, whether or not he/she owns or leases the installation / delivery premises, and also where the Client acts on behalf of a company or 3rd party, and thereby warrants that this transaction, and any payments which are due in terms hereof, is binding personally on the Client, as well as said 3rd party.
10) Any Courier / Delivery company used by FIRNIC is merely a suggested one and unless otherwise explicitly expressed by the Client, it is accepted that the Client agrees to and accepts the Courier / Delivery Company used. Should the Client wish to use any other Courier Company, it will be the Client’s responsibility to make all the necessary arrangements with the chosen Courier and inform FIRNIC as well as provide any relevant information, including, but not limited to the Courier / Collection Company’s information etc. (Should the time and/or date be changed, for whatever reason by FIRNIC or the Client, a new agreed time and/or date will be scheduled and either party will inform the other as soon as possible.)
Although FIRNIC does its utmost to ensure that all goods /items are correctly and sufficiently packaged before Delivery and / or collection by ANY Courier / Delivery Company to not incur damage during transit, FIRNIC is expressly not liable for the condition in which goods / items are delivered by ANY Courier / Delivery Company. Where possible, photographs are taken prior to collection of packaged goods / items. Should any item be damaged in any way while in transit, FIRNIC will as a courtesy assist the Client with any repairs that may need to be done, however the Client understands and accepts that this will be at the Client’s cost and not FIRNIC.
11) Cancellation procedure: Should the Client at any time after having paid a deposit/ full amount due wish to cancel their order, for whatever reason, the following points must be taken into account and followed;
(i) A formal cancellation request must be sent to FIRNIC via email at email@example.com stating the reason for cancellation as well as any other information deemed relevant;
(ii) NO refunds are given for custom made goods (Please note that this also applies to items on FIRNIC’S websites where the Client has made any special request, therein altering / customizing it.)
(iii) If an order has been placed by the Client and the production / manufacturing process has begun and / or orders have been placed (i.e. with external suppliers, where applicable), the following will apply;
a) A cancellation admin fee of 30% of the total selling price will be charged / retained by FIRNIC;
b) All item(s) / good(s) supplied must be returned to FIRNIC by the Client;
c) In the event that item(s) need to be couriered back to FIRNIC or the Client requests that the item(s) be collected by FIRNIC, the Client will be liable for any Courier Collection / Delivery fees together with any other costs that may be incurred in returning the item(s) to FIRNIC [together with the cancellation admin fee as stated in point a)]
d) Once all item(s) have been returned to FIRNIC, an assessment of the item(s) will be done and if there are any ‘touch-ups’ that need to be made in order to restore the item(s) to its original state or a reasonable, acceptable condition, these costs will be incurred by the Client
e) The total amount refundable to the Client [determined by the selling price less points a), c) and d)] will be refunded to the Client within 10 working days of the item(s) having been resold by FIRNIC / within 10 working days of FIRNIC having recovered all costs involved.
(iv) If any item(s) / good(s) have been supplied incorrectly, by way of colour or size etc. or the client wishes to cancel on the grounds that they want something different than that stated on the original accepted quotation / pro forma invoice / invoice, FIRNIC will first try to remedy this before a cancellation / refund is considered – should the Client insist on a refund, whether remedied or not, normal cancellation procedures as above will apply.
(v) Should a cancellation be requested as a result of any item(s) being damaged in any way during transit by ANY Courier / Delivery Company, FIRNIC is expressly not liable and no refund will be made – refer to point 9.
(vi) Should the Client request a cancellation due to item(s) ordered taking too long, FIRNIC will refund the Client as soon as any and all costs already incurred by FIRNIC have been recovered; please note that normal cancellation procedure as above will apply.
Note that whether or not a cancellation request is accepted by FIRNIC, and / or where FIRNIC offers to remedy any order (custom or other) to satisfy the Client, it is accepted that this is done as a gesture of goodwill and is in no way an admittance of guilt / wrongdoing on the part of FIRNIC nor is it an acceptance of liability of any kind whatsoever. FIRNIC reserves the right to cancel any order at its own discretion.
12) Upon arrangement of confirmed and agreed delivery schedule of manufactured / stock items, any amounts owing to FIRNIC is immediately due and payable by the Client before delivery takes place, or, before items are sent by courier. Once the client has approved the quotation and / or paid a deposit, no refund whatsoever will be given for any custom made goods.
13) Prices and /or specials as stipulated on any of FIRNIC’S websites are subject to change without prior notice. These Terms & Conditions are subject to change without prior notice and/or approval the most recent of which will be binding. An updated copy is available on any of FIRNIC’S websites and it is accepted that by entering into any communication with FIRNIC, you have read, understand, accept and will be legally bound to these Terms and Conditions. Alternatively, you may request a copy by sending us an email here.
14) It is imperative to note that the viewing of any item(s) at any time at FIRNIC’S premises is strictly by appointment only and it is understood and accepted that entry is at the client's own risk and FIRNIC is expressly not liable for any damages of any kind whatsoever. FIRNIC office hours are available on the Contact Us page of www.firnic.co.za