Terms Of Service

Last updated: March 1, 2020

We are FETHNA GROUP (“FETHNA”) incorporated in South Africa, under the CIPC registered company, Stratedge Business Implementation Specialists International.

These are our terms and conditions of service. They tell you what we do and how we do it. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

By using our site, you indicate that you accept these terms and conditions, and the referenced policies, and that you agree to abide by them.

1. Contractual Relationship

The FETHNA GROUP Terms and Conditions of Service (“Terms”) provided in this document govern the access or use by you, INDIVIDUAL OR NON-COMMERCIAL ENTITY, in South Africa of applications, websites, content, products, and services (the “Services”) provided by FETHNA GROUP, a private service operating under Stratedge Business Implementation Specialists International (“herein referred to as Stratedge International”). Stratedge International operates under the existing laws of the Companies and Intellectual Property Commission (CIPC) of South Africa with registration number 2009/016838/07 and having its registered office at 29 Dalbini Drive Mulbarton, 2056.

Your access and use of the Services signifies your agreement to be bound by these Terms, which forms a contractual relationship between you and FETHNA GROUP. If you do not agree to these Terms, you may not access or use the Services. These Terms replaces any prior agreements with you. FETHNA GROUP may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.

When it becomes necessary, FETHNA GROUP may amend the Terms related to the Services. Such amendments will be effective once the updated Terms are posted at this location or the amended policies on the applicable Service. Your continued access or use of the Services after such posting constitutes your consent to be bound by the Terms, as amended.

Our collection and use of personal information in connection with the Services is as provided in FETHNA GROUP’s Privacy Policy located at https://www.fethna.com/Privacy-Policy

FETHNA GROUP may provide to a court of law any necessary information (including your contact information) if there is a complaint, dispute or conflict, involving you and a Third Party Provider and such information or data is necessary to resolve the complaint, dispute or conflict.

2. The Services

FETHNA GROUP operates a platform that enables individuals and non-commercial entities to place orders for goods to be imported from China with the aim of getting these goods at competitive prices without compromising on quality. In addition, FETHNA GROUP develops, designs, imports and sells products that are targeted to specific market segments based on their unique needs.

You acknowledge that the Services is currently delivered solely through the FETHNA GROUP platform but may be made available in the future through other associated brands as deemed necessary by FETHNA GROUP.

The Services constitute a platform that allows on ‘one hand’ for an INDIVIDUAL OR NON-COMMERCIAL ENTITY, to place orders for goods to be imported from China with the aim of getting these goods at competitive prices without compromising on quality; and on ‘the other hand’ for an INDIVIDUAL OR NON-COMMERCIAL ENTITY, to request or order any of the unique products sold by FETHNA GROUP.

License

Subject to your compliance with these Terms, FETHNA GROUP grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Platform on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, non-commercial use. Any rights not expressly granted herein are reserved by FETHNA GROUP.

Engagement

The engagement between FETHNA GROUP and an INDIVIDUAL OR NON-COMMERCIAL ENTITY will be guided by the terms expressed in this document, the buying contract and the sale agreement that will be signed at the completion of each transaction.

Ownership

The Services and all rights therein are and shall remain the property of FETHNA GROUP. Neither these Terms nor your use of the Services convey or grant to you any rights: (i) in or related to the Services except for the limited license granted above; or (ii) to use or reference in any manner FETHNA GROUP’s company names, logos, products and services, and trademarks.

Third Party Services and Content

The Services may be made available or accessed in connection with third party services and content (including advertising) that FETHNA GROUP does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third party services and content. FETHNA GROUP does not endorse such third party services and content and in no event shall FETHNA GROUP be responsible or liable for any products or services of such third party providers.

Restrictions

The INDIVIDUAL OR NON-COMMERCIAL ENTITY may not infringe any copyright, trademark or other proprietary notices from any portion of the Services; share, distribute, sell, resell, transfer, transmit or exploit the offerings on the FETHNA GROUP site except expressly permitted by FETHNA GROUP.

In addition, you may not decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; link to or frame any portion of the Services; cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

The Services is only applicable to INDIVIDUALS OR NON-COMMERCIAL ENTITIES.

There is no restriction to the size of the business that may use the Services.

3. User Accounts

To access the full FETHNA GROUP site, Users have to register for an account, provide accurate and complete information, and keep their account information updated. You have to be an INDIVIDUAL OR NON-COMMERCIAL ENTITY to be eligible for FETHNA GROUP Services. Both INDIVIDUALS OR NON-COMMERCIAL ENTITIES undergo the same account registration process.

Each account must be a personal account, but Users may trade as a company or any other legal entity (whether incorporated or unincorporated).

Users cannot register for more than one account.

The information that Users supply in the public profile of their account must comply with FETHNA GROUP profile policies.

FETHNA GROUP reserves the right to restrict your access, temporarily or indefinitely block your account, warn other Businesses of your actions or issue you a warning if:

you breach the letter or spirit of these terms and conditions or the referenced policies
we are unable to verify or authenticate any information you provide to us
we believe that your actions may cause any loss or liability to our Users or to us

Users are solely responsible for any activity that occurs on their account, unless it is a result of actions beyond their control (such as hacking or if someone steals their password when they have taken reasonable steps to keep it secure). Users may never use another person’s user account or registration information for the Website.

You confirm that you are not economically barred/limited under sanctions rules of any country worldwide. If your circumstances change to be included in such lists, please cease using FETHNA GROUP immediately.

4. Payments

Registration on the FETHNA GROUP platform is free. Payments are triggered only when a product is purchased or an order is placed for import from China.

Payments can be made directly on the FETHNA GROUP Platform using a Credit Card. Payments can also be made offline by EFT to the FETHNA GROUP account and proof of payment emailed to info@fethna.com

Tax invoices are emailed to the payer on request.

5. Leaving Feedback

During the engagement with FETHNA GROUP, both the INDIVIDUAL OR NON-COMMERCIAL ENTITY are asked to provide both qualitative feedback (customer stories) and a rating from 1-5 for the other party. These feedbacks are used by FETHNA GROUP to improve the quality of service delivered on the Platform and the customer experience; and may be published on the FETHNA GROUP Platform with the consent of the provider of the customer story.

Both parties should complete the feedback honestly. Users must not falsify feedback, manipulate or coerce another User by threatening negative feedback or offer incentives in exchange for feedback. Any attempts of this nature should be reported immediately to FETHNA GROUP.

Feedback comments that are defamatory, racist, abusive or offensive will not be tolerated on the FETHNA GROUP Platform and may lead to the termination of the relationship with the INDIVIDUAL OR NON-COMMERCIAL ENTITY.

6. Cancellations and Refunds

6.1 Cancellation of an import order or a product purchase

After an order to import is placed, the INDIVIDUAL OR NON-COMMERCIAL ENTITY may request a cancellation:

the requestor must notify FETHNA GROUP, of the cancellation by email. This cancellation will not lead to a refund if the order has already been placed in the case of an order to import. In the case of a product purchase, an order can be cancelled if the delivery of that product has not taken place
if the INDIVIDUAL OR NON-COMMERCIAL ENTITY fails to notify the FETHNA GROUP, that they wish to cancel the import order and the order is subsequently placed, no refund will be applicable and the INDIVIDUAL OR NON-COMMERCIAL ENTITY should not seek to file a dispute or reverse payment with their credit card provider, bank or PayPal

Once notified of a cancellation:

The circumstances of the cancellation will be reviewed by FETHNA GROUP to determine if the INDIVIDUAL OR NON-COMMERCIAL ENTITY qualifies for a refund, in case of the order not being placed yet with the manufacturers or delivery not effected yet
Such determination above will be based on the Terms outlined in Sections 1, 2, 3, 4, and 5 of this document

6.2 Refund Policy

An INDIVIDUAL OR NON-COMMERCIAL ENTITY is entitled to receive a refund of funds held in the Escrow Account under the following circumstances:

not meeting the specifications and quality of the product/s requested by the client

6.2.1 Requesting a Refund

The INDIVIDUAL OR NON-COMMERCIAL ENTITY sends an email to FETHNA GROUP requesting a refund and outlining the reasons for such request.

6.2.2 Refund and Cancellation Penalties

Users are strictly discouraged from causing cancellations and refunds. These will impact Users standing in the FETHNA GROUP Platform as follows:

where the INDIVIDUAL is at fault for the cancellation (for example, no longer in need of the product) it will negatively impact their status and their subsequent involvement with FETHNA GROUP
where the NON-COMMERCIAL ENTITY is found to be the cause for the refund (for example, product specifications differ from actual need) it will negatively impact their status with FETHNA GROUP
multiple cancellation attributed to a User will lead to temporary and/ or permanent restrictions on their account depending upon the severity

FETHNA GROUP will process approved refund requests back to the INDIVIDUAL OR NON-COMMERCIAL ENTITY’s Bank Account subject to a review of the refund reason and circumstances to ensure that both parties have complied with these terms and conditions, and that the purpose of the refund is not to avoid any of the parties’ obligations under these terms and conditions. If FETHNA GROUP reasonably believes that the INDIVIDUAL OR NON-COMMERCIAL ENTITY have not complied with these terms and conditions or are seeking to avoid any such obligations FETHNA GROUP shall not be obliged to make the refund.

7. Disputes

FETHNA GROUP encourage our clients (INDIVIDUAL OR NON-COMMERCIAL ENTITY) to try and resolve any disagreements between then and FETHNA GROUP.

A Dispute can be raised:

if any of the parties believes that the other party is not adhering to the terms and conditions of the use of the FETHNA GROUP Platform
any INDIVIDUAL OR NON-COMMERCIAL ENTITY can raise a dispute if timelines are missed and both parties are unable to resolve it

8. FETHNA GROUP Fees

8.1 INDIVIDUAL OR NON-COMMERCIAL ENTITY Fees

INDIVIDUALS OR NON-COMMERCIAL ENTITIES are not subjected to any fees except for the fees embedded in the quote provided to them for each transaction. No other fees apply.

8.2 Currency Conversion

If you require a transaction within the FETHNA GROUP site which involves a currency conversion, it will be completed at a foreign exchange rate determined by an official institution, which is adjusted on a regular basis. Exchange rates fluctuations are not under FETHNA GROUP control.

A Currency Conversion Fee of 2.5% will be applied every time FETHNA GROUP performs a currency conversion. When a currency conversion is available by FETHNA GROUP, you will be shown the exchange rate that will be applied to the transaction before you proceed with authorising the payment transaction. By accepting this transaction, you also agree to the exchange rate currency conversion terms.

9. Referral Programme

9.1 General

The FETHNA GROUP Referral Program is a program that allows Users to receive certain benefits in their User account (“Referral Reward”) if they refer a non-FETHNA GROUP user (“Referred User”) to FETHNA GROUP and they then make a qualifying purchase on the site (“Successful Referral”). Users perform this referral by submitting the email address of the Referred User on a special referral form or by sharing a special referral link found through FETHNA GROUP (“Referral Invitation”).

9.2 Referral Reward

Referred Reward will be administered in accordance with the guidelines articulated by FETHNA GROUP from time to time.

9.3 Discontinuance or Modification

FETHNA GROUP reserves the right at any time to modify or discontinue the Referral Program either temporarily or permanently with or without notice. FETHNA GROUP will not be liable to you in the event of any modification, suspension or discontinuance of the Referral Program. Non-fraudulent accrued Referral Rewards are not affected by suspension or discontinuance of the Referral Program.

9.4 Non-compliance

FETHNA GROUP reserves the right to not grant or to remove any previously granted Referral Reward from your User account should any of the FETHNA GROUP terms and conditions not be met. FETHNA GROUP reserves the right to suspend the User account or remove Referral Reward should abusive or fraudulent activity regarding the Referral Program be suspected at the discretion of FETHNA GROUP.

10. General Terms of Platform Use

The FETHNA GROUP terms of website use define how Users may make use of the FETHNA GROUP Platform whether as a guest or a registered user. They contain very important information, so please read them carefully.

11. Privacy Policy

By proceeding to use the FETHNA GROUP Platform, Users consent that FETHNA GROUP may process the personal data (including sensitive personal data) that FETHNA GROUP collects from them in accordance with the FETHNA GROUP Privacy Policy and the applicable laws and regulations in South Africa.

12. Governing Law

These terms and conditions and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Republic of South Africa. The courts of Johannesburg, South Africa shall have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these terms and conditions or their subject matter or formation (including non-contractual disputes or claims).

13. Related Policies

The following policies are part of these terms and conditions and should be read carefully:

FETHNA GROUP Terms of website use
FETHNA GROUP Privacy Policy

14. Definitions

In these terms and conditions:

FETHNA refers to FETHNA GROUP