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Terms & Conditions

Welcome to the Forms Media Independent Africa (Pty) Ltd website, buysite and online shopping platform!

Please take a moment to read through these Terms and Conditions and Terms of Use to familiarise yourself with them and understand how they may apply to you.

These online Terms and Conditions apply to all purchases made on these websites and the use of these websites.

By using these websites, placing an order or registering on these websites; it will constitute your agreement to comply with and be bound by these Terms and Conditions. This online platform allows you to shop online for an extensive range of stationery, office products, office furniture, canteen and janitorial supplies, electrical appliances, office automation products as well as PPE and related products. The use of these websites and the purchase and use of goods bought through these websites is at your risk.

These Terms and Conditions apply to all users including users who are consumers for the purpose of the Consumer protection act, 68 of 2008. Nothing in these Terms should be read or interpreted to extend to any party other than consumers and the rights attributed to them in terms of the CPA.

If there is anything in these Terms and Conditions that you do not understand; it is your responsibility to ask Forms Media Independent Africa (Pty) Ltd to explain it to you before you accept the Terms and Conditions or continue using the website.

Forms Media Independent Africa (Pty) Ltd permits the use of its website subject to the acceptance of the Terms and Conditions. By using these websites in anyway, you shall be deemed to have accepted the Terms and Conditions unconditionally. Do not use the website if you do not agree with the Terms and Conditions.

When placing an order or registering with us, you will be required to provide certain personal information such as; your full name, an email address, delivery address and telephone number. By completing this information, you warrant that the information you provide is correct.

Failure of Forms Media Independent Africa (Pty) Ltd to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

Use of these websites

The websites can be accessed at www.fmia.co.za or onlineorders.formsmedia.co.za and are made available by Forms Media Independent Africa (Pty) Ltd, with registration number 2005/017187/07.

The content of these websites is owned by or licensed to Forms Media Independent Africa (Pty) Ltd, access to and use of the website is subject to these Terms and Conditions, and all applicable laws.

You may only make use of the website for the following specific purposes:

  • to browse through the Content of these websites;
  • to view and purchase products as offered by Forms Media Independent Africa (Pty) Ltd;
  • to correspond with Forms Media Independent Africa (Pty) Ltd.

Your continued use of these websites shall constitute acceptance of the Terms and Conditions, not having been amended by you.

By using these websites you warrant that you are eighteen (18) years of age or older and of full legal capacity. If you are under the age of eighteen (18) or if you are not legally permitted to enter into a binding agreement, then you may use the website only with the involvement or supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his / her consent then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.

You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of these websites. In addition you agree that you will not in any way use any robot, spider, other automatic devise, or manual process to monitor, copy, distribute or modify these websites or the information contained in these Terms, without the written authorisation from a Company Representative.

You may not copy, reproduce, modify, distribute, republish, display, post, or transmit any part of the website without the written permission of Forms Media Independent Africa (Pty) Ltd. You may view or print individual pages only for your own personal, non-commercial use provided you keep intact all copyright and acknowledge Forms Media Independent Africa (Pty) Ltd proprietary rights.

Intellectual Property Rights and Copyright

Proprietary rights (including the trademarks, copyright, intellectual property and patent rights) on these websites and the content thereof belong to Forms Media Independent Africa (Pty) Ltd at all times, and/or our licensors, including compilations, collective works and derivative works created incorporating the content of our users. The individual content you may submit to this computer system will remain your property, but you hereby grant Forms Media Independent Africa (Pty)Ltd an irrevocable, perpetual, worldwide, transferable, sub-licensable and royalty-free license to use such content free from any restriction and on the basis as if Forms Media Independent Africa (Pty)Ltd were the owners thereof, including by modifying, reproducing, compiling, publishing, publicly performing, distributing, broadcasting and promoting it.

Forms Media Independent Africa (Pty) Ltd reserves the right to make any changes to its websites, make changes to the content, the products or services offered, the pricing and other product or company related information at any time and without notice.

The user of the websites is not granted any licence, title, interest or any other right including Copyright, Trademark, Patent or other Intellectual Property Rights in or to these websites and their content.

To obtain permission for the commercial use of any content on this site contact Forms Media Independent Africa (Pty)Ltd at 011 229 1300; email This email address is being protected from spambots. You need JavaScript enabled to view it. .

Content

Forms Media Independent Africa (Pty) Ltd makes no representations or warranties of any kind, express or implied, as to the operation of these websites and the content, unless specified herein or on the website expressly. You agree that you use these websites and any products purchased off the websites at your own risk.

We have made every effort to display the product on the website as accurately as possible; the actual product delivered may be subject to variations in appearance as product packaging may differ over time. It remains the responsibility of the purchaser to make sure that the products ordered are correct and that the product description and or model number will overrule any images when resolving a dispute about a product.

The colours represented on these websites will depend on the device or monitor you are using to access the websites, Forms Media Independent Africa (Pty) Ltd cannot guarantee that the image colour and clarity on your device or monitor will display the features of the product accurately.

Forms Media Independent Africa (Pty) Ltd makes no representations or warranties about the suitability or correctness of the content that is included on or otherwise made available to you through the website, or about the soundness, completeness and accuracy of any of the content. Accordingly, you agree that you will not hold Forms Media Independent Africa (Pty) Ltd liable for any claim of whatsoever nature, including, lawsuits, legal proceedings, damage, costs, interest, special, incidental, consequential or indirect damages, including damages for loss of profits, loss of business or downtime, arising out of or relating to your use of the website or any content that you access on the Website.

These websites may contain certain images or links to third party websites, which are not under our control, nor are they maintained by Forms Media Independent Africa (Pty)Ltd. Forms Media Independent Africa (Pty)Ltd will not be liable for any loss or damage suffered by you as a result of using the links provided on the website.

All pricing displayed on the Forms Media Independent Africa (Pty)Ltd website is only valid for the Republic of South Africa, and pricing is valid only or the day it is viewed.

Forms Media Independent Africa (Pty) Ltd reserves the right, without prior notice, to discontinue or change pricing or specifications of products or services offered on these websites without incurring any liability whatsoever.

While all precautions are taken by Forms Media Independent Africa (Pty) Ltd to provide the correct information on these websites; in the event that we identify an inadvertent and obvious error in the price, product or service description, image or other relevant content, Forms Media Independent Africa (Pty) Ltd is not obliged to provide the purchaser with the affected product or service. Forms Media Independent Africa (Pty) Ltd will make every effort to contact you to alert you of the error, in such circumstances you are entitled to cancel the order and be refunded or you are entitled to amend your order.

Pricing on the Forms Media Independent Africa (Pty) Ltd website does not constitute an offer from any of our branches we recommend that the pricing and stock availability is confirmed with the respective branch prior to visiting the branch.

Limitation of Liability

These websites should only be used for information purposes. It is not advice and you should not rely on it to make, or refrain from making, any decision or take, or refrain from taking, any action.

Forms Media Independent Africa (Pty) Ltd does not make any warranty or representation, whether express or implied, that the information or files available on these Websites, in the Content, our servers and/or any electronic communications sent by, or from us, are free from viruses, spyware, malware, Trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, functionality or content of your computer system, computer network, handset, tablet or mobile phone, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or the content of a computer system, computer network, any handset or mobile devise, tablet or your hardware or software, save where such risks arise due to gross negligence or wilful misconduct of Forms Media Independent Africa (Pty)Ltd, its employees, agents or authorised representatives.

Forms Media Independent Africa (Pty) Ltd will not be liable for any damage or loss of any kind arising from your use of these Websites, or from any Content, including, but not limited to, direct, incidental and/or consequential damage, unless otherwise specified in writing.

Forms Media Independent Africa (Pty) Ltd shall not be liable for any direct, indirect or incidental, special or consequential loss or damages which might arise from the late or non-delivery of any of the products or services made available by the websites, nor shall the company be liable for any direct, indirect or incidental, special or consequential loss or damages which might arise from the delivery of defective goods.

You will be responsible for damages of any kind should you use the website in breach of these Terms.

Privacy Policy

Forms Media Independent Africa (Pty) Ltd is committed to protecting your personal information. Your personal information refers to any information that can be used to identify you as an individual, and includes your name, identity number, contact details, address and bank account information.

Forms Media Independent Africa (Pty) Ltd will not, without your express consent, use your information for any purpose other than as set out for, specifically for and in relation to the ordering, sale and delivery of products and services.

Should you agree and opt in to Forms Media Independent Africa (Pty) Ltd contacting you regarding current offerings, new and special promotions, marketing material, inform you of enhancements or features of our online offerings or products and services.

You should note that Forms Media Independent Africa (Pty) Ltd may monitor and keep records of any visits to the website, browsing history and order history and/or communication that you may send to, or receive from the website in order to improve your shopping experience.

We will not disclose your information to any other third party other than:

Our employees who will interact with you telephonically or via email to complete any aspect of your order.

To Third party service providers such as couriers, in order for them to interact with you via email or telephone for the purpose of delivery.

To law enforcement agencies for fraud detection or other third parties we believe in good faith that disclosure of such personal information is necessary to prevent financial loss and physical harm, to support the investigation into suspected illegal activity, or to investigate violations of our Terms and Conditions.

To our third part suppliers who may need to liaise directly with you regarding any damaged or faulty items you have purchased which now require their involvement to resolve any issue.

We will ensure that all personal information is secure and protected in terms of the South African POPIA of 2013.

Forms Media Independent Africa (Pty) Ltd makes use of payment portals to process online payment transactions online. These services and systems are not under our direct control and you are as such advised to refer to the portals terms of use and take the necessary precautions to ensure you are transacting in a safe environment.

Forms Media Independent Africa (Pty) Ltd advises that "Cookies" are small pieces of information that are stored on your computer's hard drive by your browser. Forms Media Independent Africa (Pty) Ltd may use cookies in future to enable us to personalise your visits to our websites and simplify your order process.

Please note that you will require the 'cookies' on your browser to be enabled to use these services and for the website to function correctly.

Agreement of Sale

All purchases conducted online; Forms Media Independent Africa (Pty) Ltd will charge the prices that are reflected on the website, subject to availability and except where “inadvertent and Obvious Errors” have occurred.

An agreement of an online sale will only come into effect once you have electronically submitted a correctly completed order, for one or more products, and payment is either authorised, or received by Forms Media Independent Africa (Pty) Ltd and reflects as cleared in Forms Media Independent Africa (Pty) Ltd bank account.

Forms Media Independent Africa (Pty) Ltd will make all reasonable efforts to ensure adequate stock levels, however we cannot guarantee availability of stock. You acknowledge that stock is limited of all goods on offer and that online orders will be fulfilled so long as stock is available. When goods are no longer available or stock is depleted Forms Media Independent Africa (Pty) Ltd will notify you and will advise possible alternate products which can be selected in their stead. You are then entitled to a credit, to make an alternate choice or for a full refund. Forms Media Independent Africa (Pty) Ltd will not be liable for any bank charges or bank interest in this regard.

Forms Media Independent Africa (Pty) Ltd reserves the right, but are not obliged, to limit the sales of products or services to any person, geographic region or jurisdiction. We may exercise this right on a case by case basis. We reserve the right to limit the quantities of any products or services we offer. All description of products or pricing are subject to change at any time and without notice, at the sole discretion of Forms Media Independent Africa (Pty) Ltd. We reserve the right to discontinue any product or service at any time.

Changes to the Website and/or changes to the Terms and Conditions

Forms Media Independent Africa (Pty) Ltd may at their sole discretion change the Terms and Conditions or any part thereof at any time. Forms Media Independent Africa (Pty) Ltd reserves the right, without notice and in their sole and absolute discretion, to make changes to the website and/or these terms. Changes to these Terms and Conditions will become effective upon such changes being posted to the websites. It is your responsibility to review these terms on each occasion before making use of Forms Media Independent Africa (Pty) Ltd services. If you continue to use this system and services after the amended terms of use have been published, it shall constitute an acceptance of the amended terms of use.

Forms Media Independent Africa (Pty) Ltd will maintain the websites and from time to time during maintenance the websites may be unavailable to you. Forms Media Independent Africa (Pty) Ltd may at their sole discretion terminate, suspend and modify these websites with or without notice to you.

Governing Law and Jurisdiction

These websites are hosted, controlled, administered and operated within the Republic of South Africa, and are therefore governed by South African laws and are subject to the 'Disputes' set out hereunder, which records that you and Forms Media Independent Africa (Pty) Ltd submit to the non-exclusive jurisdiction of the South African courts, subject to the provisions of the section on Disputes.

The sale of goods via these websites is for users accessing the website from within South Africa for delivery within South Africa. If you access the website from outside of South Africa you are responsible for compliance with all local laws.

These Terms and conditions shall be governed by the laws of South Africa and you consent to the jurisdiction of the Gauteng High Court in Johannesburg.

Security

Any person that delivers or attempts to deliver any damaging code to the website, or attempts to gain unauthorised access to any page on the website shall be prosecuted and civil damages shall be claimed if Forms Media Independent Africa (Pty) Ltd suffers any damage or loss as a result of such conduct.

You agree and warrant that your log-in name and password shall be used for your personal use only and never be disclosed to any third party. Any losses incurred due to transactions occurring by anyone using your log-in details shall be your responsibility only and Forms Media Independent Africa (Pty) Ltd shall bear no responsibility in any way arising from such conduct.

All credit card transactions are Secure Layer encrypted, secured by Entrust Certification Authority - L1M

Disputes

Save for urgent or interim relief, which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and Forms Media Independent Africa (Pty) Ltd on any matter provided for in, or arising out of these Terms and Conditions, and not resolved through the Customer Relations Department of Forms Media Independent Africa (Pty) Ltd , then such dispute shall be submitted to confidential arbitration in terms of the Expedited Rules of the Arbitration Foundation of South Africa. Arbitration proceedings shall be conducted in Johannesburg in English.

Domicilium

Forms Media Independent Africa (Pty) Ltd chooses as its domicilium citandi et executandi for all purposes under these T&C, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following address:

Forms Media Independent Africa (Pty) Ltd

Co Reg: 2005/017187/07

Cnr Raebor & Theodore Rds

Benrose,

Johannesburg, South Africa

You select your delivery address supplied.

All notices will be in English and will be delivered by Hand or via Email (containing a read receipt notification).

Disclaimer

The use of any of the Forms Media Independent Africa (Pty) Ltd websites is entirely at your own risk. Forms Media Independent Africa (Pty) Ltd are in no way responsible or liable for any loss, liability, damage (whether direct, indirect, special or consequential) or expense of any nature whatsoever, which may be suffered as a result of, or which may be attributable, directly or indirectly, to the use of, or reliance upon any information, content, links or service provided through the website, or any actions and/or liability for consequential or incidental damages.

Forms Media Independent Africa (Pty) Ltd will not be responsible for any interruption, delayed or failed transmission, loss of programs or other data, storage, or delivery of information, resulting from whatsoever cause.

All information appearing on the website is provided without any representations or warranties whatsoever, whether express or implied.

The information contained on the website provides general information on particular subjects and is not an exhaustive treatment of such subjects.

Prices, specials and promotions displayed on the website that are exclusive to the website will be marked as such and do not apply from our branches unless stipulated. Specific branch prices, specials and promotions do not always apply to these websites unless stipulated. Images are for illustrative purposes only.

Any views or statements expressed on the websites are not necessarily the views of Forms Media Independent Africa (Pty) Ltd, its Directors, employees or agents.

Return Policy

Forms Media Independent Africa (Pty) Ltd only stocks quality products and offers the best possible service to our customers. We are confident that you will be satisfied with every purchase you make, but should you experience any problems or concerns, please refer to the options provided below. We are committed to operate our business in terms of the Consumer Protection Act and all policies are subject to the applicable law.

Forms Media Independent Africa (Pty) Ltd advises all customers to ensure that goods are fit for their intended purpose before purchase.

14 day exchange or refund policy

Forms Media Independent Africa (Pty) Ltd will refund or exchange most goods if you return them within 14 days of purchase. The exclusions to this exchange or return policy are outlined below.

Products being returned for exchange or refund must comply with the following criteria:-

  • Goods must be returned within 14 days of purchase in their original condition and packaging. Returned goods must be deemed to be sellable.
  • Returned goods must be received by us at one of our branches within 14 days of purchase, the obligation is on the purchaser to return the goods to us.
  • Valid proof of purchase from Forms Media Independent Africa (Pty) Ltd must be provided for returned goods.
  • The security seals and wrapping must not be tampered with.
  • Returned Goods may not have been used in any way whatsoever.

Goods that are excluded from the 14 day exchange policy.

Due to applicable legislation and also due to company policy; items that will be excluded from a refund or exchange policy are: -

  • Software, CD’s, DVD’s, pre-recorded Videos, books and Textbooks that are protected by copyright law may not be returned for credit.
  • Unopened ink and toner cartridges will only be accepted back for return if their expiry date is still valid within the 14 day return window.
  • Perishable products may not be returned as the cold chain may have been broken.
  • Any health, beauty and personal care items may not be returned.
  • Any PPE, Sanitizer, Safety and medical products may not be returned as the possibility of contamination is high.
  • No cancellations or returns will be permitted in respect of customized, branded or special order goods and returns will only be accepted if the goods do not reasonably conform to the material specifications of the special order.
  • Goods purchased by way of special arrangement or custom order will only be replaced if defective.
  • Customers are encouraged to ensure that measurements and specifications of custom-made products are 100% correct when ordering, as custom made orders cannot be refunded or exchanged if incorrect sizes were provided.
  • Perishable goods that are returned beyond their expiry date will not be accepted for credit.
  • Goods cannot be returned that which are sold as "clearance sale items", damaged, defective, used or repaired, where we disclosed these facts to you before you bought the goods

Damaged or Faulty products

If your goods turn out to be defective within the first 6 months after you received them from us, we will repair them, replace them or give you a refund. Please note that it may not be possible to determine in-store whether goods have been damaged or what the cause of a failure or defect may be. This is of importance as it determines whether the goods may be repaired, replaced or refunded. Accordingly, we reserve the right to refer returned goods for technical assessment by the manufacturer or authorised service centre prior to repairing, replacing or refunding and to provide you with feedback within 10 days of receipt of the returned goods and to act accordingly. We may arrange for the assessment to take place at your home in the case of some hardware -where applicable.

If your goods show a defect after the initial 6 month period, but still within the manufacturer's warranty period, Forms Media Independent Africa (Pty) Ltd will send the goods to the manufacturer for repair and the manufacturer will decide whether you have a valid claim and if so, whether they will repair or replace.

If the goods become defective once the manufacturer's warranty has expired, we can arrange with the manufacturer or its agents to repair them. No repairs will be done without you approving a quotation first.

Manufacturers' warranties

As with all warranties, certain conditions and exceptions apply. Please take note of any terms or instructions that accompany your goods. Below a non-exhaustive list of exclusions

  • Damage caused by external factors but not limited to lightning, power surges, fire or water damage
  • Damage caused by misuse or abuse to the goods.
  • Goods used for a purpose other than the purpose for which they were manufactured.
  • Goods used contrary to their instruction manuals.
  • Accidental damage.
  • Alteration, repair, modification or service carried out by anyone other than an approved manufacturer's service centre.
  • Damage caused by the disregard for approved and recommended consumables.
  • The exchange or use of an inferior power plug
  • Damage during the installation of furniture that has been performed by a non-approved service provider.

 

Delivery Policy

This policy applies to products purchased via the Forms Media Independent Africa (Pty) Ltd online shopping website and Businesses or clients who have 30 day account facilities with us are excluded from this delivery policy.

For clients who have 30 day account facilities with Forms Media Independent Africa (Pty) Ltd our Standard 30 day Terms and Conditions of Trade Apply.

Forms Media Independent Africa (Pty) Ltd delivers only to addresses within the Republic of South Africa. The delivery will take place either via courier or via our branded delivery fleet.

Please check your order, contact and address details carefully before you submit with your order as changes cannot be made once you have received confirmation of your order.

Should you request Forms Media Independent Africa (Pty) Ltd deliver the product/s to your physical address, then you should note that all orders will be delivered during normal working hours (between 08h00 and 17h00) on week days only, and will be delivered in due course. Please ensure that there is somebody available at the premises to receive the order. The cost of delivery may vary from time to time and may change without notice.

The following procedure must be followed when receiving the order:

Proof of identity of the person signing for the parcel will be required (valid proof of identity will constitute an Identity Document book or a driver's license).

The identity number of the person receiving your parcel will be noted on the Delivery Note by the courier/Forms Media Independent Africa (Pty) Ltd representative, and you will receive a copy of the signed and completed Delivery Note and a Tax Invoice for your records.

Please ensure that the sealing tape securing your parcel is unbroken and the parcel is undamaged. In the unlikely event that the tape is broken or the parcel damaged, the following may occur:

You must inspect the order against the Delivery Note to ensure that everything is correct before signing the Proof of Delivery document. Should any item/s be missing or damaged, this will be noted on the Delivery Note and both you and the courier/Forms Media Independent Africa (Pty) Ltd representative will initial next to the notation; or

You may request the courier/Forms Media Independent Africa (Pty) Ltd representative to return the parcel, clearly stating the reasons as to why on the Delivery Note. Thereafter, you will be contacted by a Forms Media Independent Africa (Pty) Ltd representative in due course.

Payment Options

You may make payment for your order, as well as the delivery fees (as applicable), online by providing Forms Media Independent Africa (Pty) Ltd with your credit card details.

Kindly note that Forms Media Independent Africa (Pty) Ltd accepts the following payment methods:

  • Visa; Visa Debit; and
  • MasterCard; MasterCard Debit
  • Instant EFT

If Forms Media Independent Africa (Pty) Ltd are unable to successfully process your credit or debit card payment for your order or do not receive an EFT payment of the full amount in time, your order may be cancelled. Every effort will be made to notify you before the order are cancelled.

You authorise Forms Media Independent Africa (Pty) Ltd to debit the amount that is payable for an accepted order from your nominated credit card to pay for the charges and fees (as applicable).

You may not pay, or attempt to pay, for products through any fraudulent or unlawful means.

Forms Media Independent Africa (Pty) Ltd will provide you with a tax invoice at time of delivery or collection (as applicable) which specifies the total fees and charges for the Products in the order.

For clients who have 30 day account facilities with Forms Media Independent Africa (Pty )Ltd our Standard 30 day Terms and Conditions of Trade Apply.

Discounts, Promotional Prices and Delivery Charges

Forms Media Independent Africa (Pty) Ltd reserves the right to apply or remove discounts on selected products and baskets at any set period of time and may change without any notice. These discounts will only apply to transactions submitted, paid for and completed on the Forms Media Independent Africa (Pty) Ltd website and may not be claimed for in store purchases.

Discount only applicable during the dates stated in the Terms and Conditions of the promotion.

Free Delivery offered will only apply to periods defined and may change without any notice.

Special Limitations for Paper purchases.

A4 Paper is sold per box of 5 reams. Due to the weight of paper, Forms Media Independent Africa (Pty) Ltd may limit the number of boxes per order.

Television Licences

By law, every customer must have a valid TV licence when purchasing a television set or any appliance with a built in TV. In order to procure televisions sets or appliances with built in TV’s you will be required to present your fully paid up TV licence before the order will be processed.

Risk and Ownership

Risk in the products shall pass to you on acceptance by the products by you or your nominated representative on delivery. Forms Media Independent Africa (Pty) Ltd will retain ownership of the product until payment has been made and confirmed in full.