Terms & Conditions
  1. COPYRIGHT

1.1 Copyright 2006 © Figure Fanatix (registration number 2005/099091/23), Unit 3 The Square Prime Park, Printers Way, Montague Gardens, Cape Town, South Africa. All rights not expressly granted are reserved. To obtain permissions for the commercial use of any content on this site contact e-mail Site Manager on info@figurefanatix.co.za or,

1.2 Users may download, view and print content from this site for private and non-commercial purposes only.

1.3 All moral rights of Figure Fanatix and its employees/agents are reserved.

1.4 Figure Fanatix cannot screen or edit all the content available from site and does not accept any liability for illegal, defamatory or obscene content. Users are encouraged to inform Figure Fanatix of any content that may be offensive or illegal.

2. INTELLECTUAL PROPERTY RIGHTS

2.1 All the content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Figure Fanatix and as such are protected from infringement by local and international legislation and treaties.

3. ELECTRONIC COMMUNICATIONS

3.1 When a user visits Figure Fanatix or sends e-mails to Figure Fanatix, that user consents to receiving communications from Figure Fanatix electronically and agrees that all agreements, notices, disclosures and other communications sent by Figure Fanatix satisfies any legal requirements, including but not limited, to the requirement that such communications should be "in writing".

4. HYPERLINKS

4.1 No person, business or web site may link to any page on this site without the prior written permission of Figure Fanatix.

5. FRAMING

5.1 No person, business or website may frame this site or any of the pages on this site in any way whatsoever.

6. SPIDERS AND CRAWLERS

6.1 No person, business or web site may use any technology to search and gain any information from this site without the prior written permission of Figure Fanatix.

7. DISCLAIMER

7.1 Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, neither Figure Fanatix nor any of its representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this web site or the services or content provided from and through this web site. Furthermore, Figure Fanatix makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this website are free from errors or omissions or that the service will be 100% uninterrupted and error free. Users are encouraged to report any possible malfunctions and errors to info@figurefanatix.co.za.

7.2 This web site is supplied on an "as is" basis and has not been compiled or supplied to meet the user's individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with Figure Fanatix that the service available from and through this web site will meet the user's individual requirements and be compatible with the user's hardware and/or software.

7.3 Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of Figure Fanatix and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.

7.4 All items purchased from Figure Fanatix are made pursuant to agreements with shipping and delivery agents and risk of loss pass from Figure Fanatix to such agents upon delivery of any item to such carrier.

7.5 Neither Figure Fanatix nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product sold on this web site.

8. COSTS

8.1 Prices:

8.1.1 The price of each product is displayed with the product. In the event of a sale or special offer, the discounted price is displayed.

8.2 Shipping Costs:

8.2.1 The cost of shipping within the borders of South Africa is determined as follows:
8.2.1.1 If the volumetric weight of the goods is less than 15kg shipping will cost R99.00. Every volumetric kilogram thereafter will be charged at R5.00.
8.2.1.2 The amount due is calculated automatically when the order is created.

8.3 Value Added Tax:

8.3.1 Value added tax at the rate of 14% is charged on goods bought by South African residents. All prices include value added tax at the rate of 14%

9. DELIVERIES

9.1 Only inside the borders of South Africa

9.1.1 All items available now on the figurefanatix.co.za site have an delivery time of between 1 to 5 working days, depending on final delivery address:

9.2 Delays and cancellations

9.2.1 Figure Fanatix.co.za makes every effort to assure that the information supplied on the site is accurate. Where delays and out of stock situations occur, every effort will be made to inform the buyer.

10. PAYMENT METHODS

10.1 Credit card payments.

10.1.1 At the time of placing the order, the transaction details are presented to the bank and an authorization is obtained for the amount of the order.
10.1.2 Payment is only collected when the order is completed and the goods shipped.
10.1.3 Note that to protect it's own and the interests of customers, figurefanatix.co.za scrutinizes all transactions very carefully to prevent attempted fraud and a transaction may be refused if figurefanatix.co.za is not satisfied with it's legitimacy.

10.2 Bank deposit payments.

10.2.1 If the buyer selects the 'pay via bank deposit' button, instructions will be given on how to deposit monies into the figurefanatix.co.za bank account and would it be subject to the following rules:
10.2.2 the exact amount must be paid
10.2.3 the payment must be identified by supplying the order number and surname in the reference section of the deposit slip or on the electronic transfer.
10.2.4 no transfers must be made from ATM's
10.2.5 no bank deposits are accepted from outside the borders of South Africa.
10.2.6 unpaid bank deposit orders are cancelled after five business days.

11. AGREEMENTS OF SALE

11.1 Placing an item in a shopping basket or adding it to a wishlist without completing the purchase cycle does not:

11.1.1 constitute an agreement of sale between Figure Fanatix and users cannot hold Figure Fanatix liable if such items are not available when the purchase cycle is completed later; and/or
11.1.2 constitute an order for such an item; and
11.1.3 Figure Fanatix may remove such an item from the shopping basket or wishlist if no stock is available.

11.2 An agreement of sale between Figure Fanatix and a user only comes into effect if and when:

11.2.1 a credit card authorisation is received from the issuing bank; or
11.2.2 a deposit of an electronic transfer is reflected on Figure Fanatix's bank statement (and only if such payment is received within 5 (five) business days after completion of the purchase cycle); or
11.2.3 a direct deposit is reflected on Figure Fanatix's bank statement (and only if such payment is received within 5 (five) business days after completion of the purchase cycle.

11.3 Figure Fanatix reserves the right to refuse to accept and/or execute an order without giving any reasons. Figure Fanatix also reserves the right to cancel orders in whole or in part as circumstances dictate. Figure Fanatix shall only be liable to refund monies already paid by the user.

11.4 Figure Fanatix shall take all reasonable efforts to maintain correct prices. However, should errors occur and items are offered at incorrect prices, Figure Fanatix.co.za will not be obliged to sell goods at such incorrect prices and shall only be liable to refund monies paid.

12. STOCK AVAILABILITY

12.1 Stocks of all goods on offer are limited. Figure Fanatix shall take all reasonable efforts to discontinue the offer as soon as stock is no longer available. However, should items still be offered after stocks are sold, Figure Fanatix shall only be liable to refund monies where it is unable to fulfil orders at advertised prices.

13. SPECIAL OFFERS

13.1 Figure Fanatix shall not be liable for the sale of items at lower prices if such prices were increased and users and/or purchasers could not, for any reason whatsoever, conclude an agreement of sale while such prices remained low.

13.2 If Figure Fanatix.co.za supplies the wrong product or if the product is in any way faulty or damaged, Figure Fanatix.co.za will exchange it for the correct one. However, if the product is no longer being offered at the special price, it will not be replaced and Figure Fanatix.co.za will refund the purchase price including delivery costs.

14. GUARANTEE

14.1.1 If Figure Fanatix supplies the wrong product or if the product is in any way damaged or faulty as a result of a manufacturing defect, Figure Fanatix will exchange it for the correct one within 14 days of notification by the customer. Figure Fanatix will make a reasonable effort to exchange the product, but if replacement is not possible, Figure Fanatix will refund the purchase price including delivery cost.

Please note: goods are not guaranteed against faults resulting from normal wear and tear. Goods sold on this website are for adult collectors. These are display pieces and should not be given to children under 13 years of age to play with. Should damages occur due to playing with by children under 13 years of age, we reserve the right to refuse a refund. We reserve the right to insist on the product being returned to Figure Fanatix for inspection before refunds take place. Delivery costs for returns resulting from damaged or faulty goods as a result of a manufacturing defect will be paid for by Figure Fanatix. Figure Fanatix.co.za will in all instances arrange for the collection of items by a courier. In the case of a customer returning items because s/he is not satisfied with his/her choice, a collection fee must be paid by the customer before collection is arranged.

14.1.2 Special offers: If Figure Fanatix.co.za supplies the wrong product or if the product is in any way faulty or damaged, Figure Fanatix.co.za will exchange it for the correct one. However, if the product is no longer being offered at the special price, it will not be replaced and we will refund the buyer's purchase price including delivery costs.
14.1.3 If the user is not satisfied with his/her choice and the product is still in mint condition, the user may return it within 7 days of receipt by the customer and Figure Fanatix will refund the purchase price (excluding delivery costs).
14.1.4 Note that once opened, the following types of goods will not be accepted for a refund: Action Figures in clam shell or on card packaging will not be eligible for a refund. Electronic goods with flat batteries.

14.2. The warranty set forth in point 16.3.1 above will not apply if the product shows evidence of:

14.2.1 impact, sand, liquid or moisture damage;
14.2.2 dropping, mishandling, or tampering;
14.2.3 flat batteries or chemical corrosion;
14.2.4 damage caused by connected equipment;
14.2.5 use contrary to the applicable instruction manual

15. GOVERNING LAW

15.1 This site is hosted, controlled and operated from the Republic of South Africa and therefor governed by South African law.

16. PRIVACY

16.1 Figure Fanatix.co.za shall take all reasonable steps to protect the personal information of Users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/html/govdocs/legislation/2000/act2.pdf

16.2 Figure Fanatix.co.za may electronically collect, store and use the following personal information of Users:

16.2.1 name and surname;
16.2.2 birth date;
16.2.3 gender;
16.2.4 country of residence;
16.2.5 closest city;
16.2.6 non-personal browsing habits and click patterns;
16.2.7 e-mail address;
16.2.8 IP address; and
16.2.9 ID number / passport number.

16.3 Figure Fanatix.co.za collects, stores and uses the abovementioned information for the following purposes:

16.3.1 to greet the User when he/she accesses the Figure Fanatix.co.za web site;
16.3.2 subject to the User's consent, inform the User of facts relating to his/her access and use of the Figure Fanatix.co.za website;
16.3.3 subject to the User's consent, inform the User about competitions and special offers from Figure Fanatix.co.za.
16.3.4 to compile non-personal statistical information about browsing habits, click-patterns and access to the Figure Fanatix.co.za website.
16.3.5 to verify the identity of the User when transacting with Figure Fanatix.co.za.
16.3.6 to ensure that the goods are received by the addressee.

16.4 Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings.

16.5 The User may elect not to receive any communications from Figure Fanatix.co.za.

16.6 Figure Fanatix.co.za may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:

16.6.1 Figure Fanatix.co.za shall not disclose personal information from Users unless the User consents thereto;
16.6.2 Figure Fanatix.co.za shall disclose information without the User's consent only through due legal process; and
16.6.3 Figure Fanatix.co.za may compile, use and share any information that does not relate to any specific individual.

16.7 Figure Fanatix.co.za owns and retains all rights to non-personal statistical information collected and compiled by Figure Fanatix.co.za.

17. SECURITY

17.1 Any person that delivers or attempts to deliver any damaging code to this web site or attempts to gain unauthorised access to any page on this web site shall be prosecuted and civil damages shall be claimed in the event that Figure Fanatix suffers any damage or loss.

17.2 The user agrees and warrants that its log-in name and password shall:

17.2.1 be used for personal use only; and
17.2.2 not be disclosed to any third party.

17.3 The user allows Figure Fanatix to take all reasonable steps to ensure the integrity and security of the Figure Fanatix site and back-office applications.

17.4 All credit card transactions are Secure Socket Layers encrypted. The company registration documents and the site's registered domain name are checked and verified by Thawte.

17.5 Figurefanatix.co.za uses the M-Web SafeShop secure transaction processing technology and infrastructure. This technology is constantly upgraded and maintained. It encrypts all of your personal information, including credit card number, name, and address, so that it cannot be read as the information travels over the Internet.

17.6 The SafeShop shopping basket and payment processor is authenticated by means of a VeriSign Digital certificate, that enables you to check that your browser really is connecting to the SafeShop infrastructure and not some other server of unknown nature.

17.7 Figure Fanatix never has any sight or record of your Credit/Debit card number. This information is passed directly from you to your bank via a secure encrypted connection and is not stored at any time by either Figure Fanatix or SafeShop.

18. CHANGES TO AGREEMENT

18.1 Figure Fanatix may, in its sole discretion, change this agreement or any part thereof at any time without notice.

19. DISPUTES

19.1 In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this agreement, and not resolved through the Customer Relations Department of Figure Fanatix.co.za, then such a 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 Cape Town in English.

20. DOMICILIUM

20.1 Figure Fanatix chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, S18 Spearhead Park, Montague Drive, Montague Gardens, Cape Town, South Africa.

21. TERM AND TERMINATION

21.1 This agreement shall commence when the user registers on the Figure Fanatix site and continues indefinitely until terminated by Figure Fanatix in terms of clause 17 hereto or for any other reason.