Fittees accepts cash, bank guaranteed checks or Electronic
internet bank transfers(EFT). No goods will be released until we
receive confirmation of payment. Fax or email payment
confirmation. We do not sell shirts on credit.
Shipping
Customer is responsible for all shipping and freight charges.
Inventory will fluctuate on seasonal items. Seller will not be
responsible for shipping delays caused by a courier.
Default
It is understood that should Customer be behind in payment,
Fittees will cease business with customer and hand them over
to lawyer for further legal steps.
Notice of Defects
Customer is responsible for inspecting the merchandise upon
receipt. Customer shall notify Seller in writing WITHIN 7 DAYS OF
CUSTOMER’S RECEIPT OF THE MERCHANDISE of any claims for
damages resulting from late delivery or any defect in the
merchandise discovered by Customer, including, without
limitation, claims related to shortages, quality, or specification.
Seller shall not be responsible for shortages when shipments
are directed to a third party other than Customer. UNDER
NO CIRCUMSTANCES WILL SELLER ACCEPT CLAIMS OR RETURNS
OF MERCHANDISE WHICH HAS BEEN ALTERED OR MODIFIED IN
ANY MANNER (DYED, PRINTED, EMBROIDERED, RELABELED OR
THE LIKE). Seller shall not be responsible for fallout or loss
which occurs during the garment dye process. Seller urges
Customer to periodically test the merchandise for dyability,
printability and other decoration techniques.
Returns and Cancellations
Authorized returns and exchanges must be made within 7
days after Customer’s receipt of merchandise. All returned
merchandise must be accompanied by a delivery note.
Returns must be sent to
Fittees
16 Tasman Road
Observatory
Cape Town
7925
Please allow 5-7 days for credit to transfer into your account.
DISCLAIMER OF WARRANTIES
SELLER CANNOT GUARANTEE VARIANCES IN COLOR, SHADE, SIZE
AND CONSTRUCTION OF STOCK MERCHANDISE. SELLER
HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES,
INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE.
ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED AND EXCLUDED
FROM ANY AND ALL TRANSACTIONS BETWEEN CUSTOMER AND
SELLER AND SHALL NOT APPLY TO THE MERCHANDISE SOLD BY SELLER.
LIMITATION ON LIABILITY
CUSTOMER ACKNOWLEDGES THAT SELLER SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
OR OTHER INTANGIBLE LOSSES (EVEN IF SELLER HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), OR PERSONAL INJURIES
OR DEATH RESULTING FROM USE OR SALE OF THE SELLER’S
MERCHANDISE.
No Liability for Outside Vendors
Seller shall not be liable for any work performed by any third
party vendor referred by Seller and hereby waives any right
to assert any claim against Seller for work performed by any
other third party or vendor, including but not limited to claims
for negligent referral, agency, or respondent superior.
Customer's Credit Worsens
Seller has the right, in addition to other remedies provided by
the law, to terminate any delivery or suspend further deliveries
of other shipments in the event Customer fails to pay for any
shipment when the same becomes due. Should Customer's
financial condition become unsatisfactory to Seller, in Seller’s
sole discretion, Seller may require cash payments in advance
or other security satisfactory to Seller prior to shipment of
merchandise.
Special Terms Applicable to Custom Orders
The following terms and conditions shall apply to custom orders.
All custom orders require a 50% deposit prior to commencing
production, with the balance to be paid upon terms assigned
by Seller. Order will not be placed without signed order
confirmation from customer. NO MODIFICATIONS OR
CANCELLATIONS WILL BE ALLOWED ONCE ORDER
CONFIRMATION HAS BEEN SIGNED AND MERCHANDISE HAS
ENTERED PRODUCTION. All trims such as labels, hang tags
and price tickets must be received by the Seller at least
one week prior to the order confirmation otherwise delivery
will be revised. Delays in the approval phase of a custom
order may result in delivery delays. Seller will revise ship date
as delays occur. All orders ship within +/- 5% of the total
quantity ordered. Customer will be billed for actual quantity
shipped. All shipping costs are the responsibility of Customer,
FOB Location specified on order confirmation. All custom
order sales are final, based on approval of pre-production
sample. No returns of custom merchandise are allowed.
Customer shall assert claims for shortages or defective
merchandise in accordance with the Terms and Conditions
of Sale within 7 days of receipt of goods by the Customer.
Shipment and receipt dates quoted to Customer will be
approximate and are not guaranteed. Seller will not be
liable for delays arising or resulting from customs inspection,
clearance, or acts of omission by Customer. Seller adheres
to industry-wide standards for tolerances on each point of
measure. Refer to approved spec sheet by style for this
information. Seller also adheres to industry-wide standards
on piece dye tolerances. All custom dye colors will be within
industry-wide standard tolerance of +/- 15% Seller’s shade
band standard.
Force Majeure
Neither Buyer nor Seller shall be liable to the other for delays
in performance of its obligation hereunder caused by acts
of God, war (declared or undeclared), government
regulation, terrorism, disaster, strikes, civil disorder, curtailment
of transportation facilities, or similar occurrence beyond the
party's control, making it impossible, illegal, or commercially
impracticable for one or both parties to perform its obligations
under these Terms and Conditions of Sale, in whole or in part.
USE OF MATERIALS LOCATED ON THIS SITE: COPYRIGHTS,
TRADEMARKS AND RESTRICTIONS
All materials published on this website (including but not
limited to articles, photographs, images, illustrations, audio
clips and video clips) are protected by copyrights which are
owned and controlled by Fittees or the party credited as the
provider of the material. The entire contents of this website
are also copyrighted as a collective work under the South
African copyright laws, and the selection, coordination,
arrangement and enhancement of such content are
protected by copyright. You shall abide by all copyright
notices and other restrictions contained in any material
accessed through the website. No material from this
website or any website owned, operated, licensed, or
controlled by Fittees may be copied, reproduced,
republished, uploaded, posted, transmitted, or distributed
in any way, except that you may download one copy of
the materials on any single computer for your personal,
noncommercial home use, and may print one hard copy
of the material on this website for your personal,
noncommercial use, provided you keep intact all copyright
and other proprietary notices. You acknowledge that you
do not acquire any ownership rights by downloading or
printing copyrighted material. Modification of the materials
or use of the materials for any purpose other than personal,
noncommercial use is a violation of the respective owners'
copyrights and other proprietary rights. The use of any such
material on any other website or networked computer
environment is prohibited.
All trademarks, service marks, and trade names are
proprietary to Fittees or the other designated owner of
a posted mark. Elements of this website are protected by
trade dress and other laws and may not be copied or
imitated in whole or in part.
Questions and Comments
Thank you for reading and agreeing to these Terms and
Conditions of Sale. Please direct any questions or comments
regarding the Terms and Conditions of Sale by electronic
mail to info@fittees.com or by standard mail to Seller at:
Fittees
16 Tasman Road
Observatory
Cape Town
South Africa
7925 |
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