Terms of Service

 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in immediate termination of your Services and a possible lawsuit. While we use different measures to ensure that our customer data is secure, in the event of a breach and or hack to our online store, we will notify any affected customers withing a reasonable amount of time should we be aware of the breach. Forge 97 and or its affiliated parties cannot be held liable for any breach and or unauthorized gain of information by the customer. 

General Conditions

We reserve the right to refuse service to anyone for any reason at any time. We treat your information with a high level of privacy. Your credit/debit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Accuracy, completeness and timeliness of information

We try and ensure that the website is constantly updated and well maintained. In the case at which the information available is not current, accurate or complete the right information will be communicated to the customer at the time at which such fault is noticed by us or communicated to us. We reserve the right to modify the contents of this site at any time and you agree that it is your responsibility to monitor changes to our site or inquire about such changes. 

Modifications to the service and prices

Prices for our products and services are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Products or services (if applicable)

Some products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.  We keep little stock of products, so instead we mainly use 'just in time' delivery method with our supplier(s). We have made every effort to display as accurately as possible the colours and images of our products. We cannot guarantee that your computer monitor's display of any colour will be accurate. We reserve the right but are not obligated, to limit the sales of our 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 that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

The accuracy of billing and account information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by the same customer or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting you via e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, re-sellers or distributors. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy. While reasonable efforts are taken to ensure that the price and product(s) information available is the latest and most accurate, in the event mistakes were made ether on the price of the product, description, what's in the box etc such amendments will be made once we are aware. In the event that a customer places and pays for an order, and our supplier has updated the price, the customer acknowledges to pay the new price (difference). 

Optional tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools” as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

User comments, feedback and other submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Personal information

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

Disclaimer of warranties; limitation of liability

In no case shall Forge 97, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend and hold harmless Forge 97, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Entire agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Governing law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the law. As a company, we are not value added tax (VAT) registered.

Changes to terms of service

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Competition terms and conditions 

The competition terms and conditions are set out below. These terms and conditions form part of the Terms and Conditions of Forge 97 (Pty) Ltd. Forge 97 will occasionally run competitions online and through its social media platforms. These competitions are available to everyone who currently reside in South Africa. The competition is not open to Forge 97 employees, immediate family members, suppliers, affiliated companies’ employees and or promoters.

By entering the competition, giveaway, massive discount and or a chance to win product(s) and or service(s) from either Forge 97 and or its affiliated companies, the winner(s) and or participant(s) agree to be bound by this agreement and the terms of service of Forge 97. Forge 97 reserves the right to amend the competition, its rules, giveaway, massive discount and or a chance to win product(s) and or service(s) at any time at its sole discretion.

All entrants must be over 18 years old and must comply to terms given for each competition, giveaway, massive discount and or a chance to win product(s) and or service(s). Any incomplete entry will be regarded as null and void the entrant’s ticket to winning or being drawn as one of the potential winners. Winner will have a maximum of 5 days to provide all necessary information needed to claim their price. If no information or not all information is given, the prize will be awarded to someone else.

Needed information from the winner(s):

• ID copy
• Mobile number
• Email address
• Delivery address
• Delivery fee to be paid

The winners agree not to claim any ownership of submissions to the competition, giveaway, massive discount and or a chance to win product(s) and or service(s) a worldwide, non-exclusive, royalty-free, irreversible rights to publish and post your name, surname, image and or any other personal information about you. All product(s) and or service(s) come with no warranty whatsoever. The winner is liable to pay a delivery fee as per the website (www.forge97.com).

Contact information

Questions about the Terms of Service should be sent to hey@forge97.com