Terms and Conditions

ONLINE TERMS AND CONDITIONS OF SALE

 

Please read carefully through our Terms & Conditions

 

1. DEFINITIONS

 

Unless otherwise expressly stated, or the context otherwise requires, the words and expressions listed below shall, when used in this Agreement, including this definitions clause, bear the meanings ascribed to them:

 

1.1. “Agreement” means the agreement entered into between the Parties comprising of these Terms and Conditions of Sale, which may be amended by Fluffy Bunny Tactical from time to time and are available on the Website;

 

1.2. “Courier” means the third-party courier contracted by Fluffy Bunny Tactical on behalf of the User to deliver the Goods purchased to the User;

 

1.3. “CPA” means the Consumer Protection Act 68 of 2008, as amended from time to time;

 

1.4. “Customer” or “User” means the person who visits the website and/or purchases the Goods from the Fluffy Bunny Tactical On-Line Store and shall include any ultimate end user of the Goods;

 

1.5. “ECT Act” means the Electronic Communications and Transactions Act 25 of 2002, as amended from time to time;

 

1.6. “EFT” means electronic funds transfer;

 

1.7. “Intellectual Property” means all copyright, trademarks, designs, patents and the like recognized as a class of intellectual property;

 

1.8. “Parties” means Fluffy Bunny Tactical and the User/Customer and “Party” shall mean either one of them as the context requires;

 

1.9. “Personal Information” means information about an identifiable individual as defined more fully in the Promotion of Access to Information Act 2 of 2000;

 

1.10. “Price” means the price quoted by Fluffy Bunny Tactical on its Website which is payable by the User in return for the Goods purchased by him/her from Fluffy Bunny Tactical

 

1.11. “Products” or “Goods” mean all items including services presently being sold or supplied online by Fluffy Bunny Tactical including, but not limited to clothing, thermal imaging equipment and accessories, night-vision equipment and accessories, solvents, lubricants and other accessories and spares.

 

1.12. “VAT” means Value-Added Tax payable in terms of the VAT Act;

 

1.13. VAT Act” means the Value-Added Tax Act 1991, as amended;

 

1.14. “Website” means Fluffy Bunny Tactical’s website located at http://fluffybunnytactical.co.za.

 

1. INTRODUCTION

1.1 This website can be accessed at www.fluffybunnytactical.co.za (the “Website”) and is owned and operated by Fluffy Bunny Tactical’s directors from time to time. (“Fluffy Bunny Tactical”, “we”, “us” and “our”).

 

1.2 These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.

 

1.3 These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your”, “customer” or “user”). By using the Website you acknowledge that you have read and agree to be bound by these Terms and Conditions.

 

1.4 The Website enables you to shop online for an extensive range of goods including, but not limited to, clothing, thermal imaging equipment and accessories, night-vision equipment and accessories, solvents, lubricants and other accessories and spares.(“Goods”).

 

2. IMPORTANT NOTICE

2.1 These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).

 

2.2 These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –

 

2.2.1may limit the risk or liability of Fluffy Bunny Tactical or a third party; and/or

2.2.2 may create risk or liability for the user; and/or

2.2.3 may compel the user to indemnify Fluffy Bunny Tactical or a third party; and/or

2.2.4 may serve as an acknowledgement, by the user, of a fact.

2.3 Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.

2.4 If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Fluffy Bunny Tactical to explain it to you before you accept the Terms and Conditions or continue using the Website.

2.5 Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Fluffy Bunny Tactical in terms of the CPA.

2.6 Fluffy Bunny Tactical permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.

 

3. USE OF THE WEBSITE

3.1 By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and 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.

 

3.2 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 the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorized Fluffy Bunny Tactical representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).

 

3.3 You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorized Fluffy Bunny Tactical representative.

 

4. CONCLUSION OF SALES AND AVAILABILITY OF STOCK

4.1 User’s may place orders for Goods, which Fluffy Bunny Tactical may accept or reject. Whether or not Fluffy Bunny Tactical accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorization by Fluffy Bunny Tactical for the Goods.

 

NOTE: Fluffy Bunny Tactical will indicate the acceptance of your order by delivering the Goods, via courier, to you or allowing you to collect them and only at that point will an agreement of sale between you and Fluffy Bunny Tactical come into effect (the “Sale”). This is regardless of any communication from Fluffy Bunny Tactical stating that your order or payment has been confirmed. Fluffy Bunny Tactical will indicate the rejection of your order (by Fluffy Bunny Tactical itself) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.

 

4.2 Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. Cancelation must be done in accordance with clause 6 hereof. After delivery or your collection of the Goods, you may return the Goods only in accordance with clause 8 hereof.

 

4.3 Placing Goods on your list or in your shopping basket does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket or list if stock is no longer available or the price thereof might change without notice to you. You cannot hold Fluffy Bunny Tactical liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the order at a later stage.

 

4.4 You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. Fluffy Bunny Tactical will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, Fluffy Bunny Tactical will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.

 

5. USER’S RIGHT TO CHOOSE OR EXAMINE PRODUCTS

5.1 The User agrees to purchase the Products solely on the basis of a photograph and description thereof, provided by Fluffy Bunny Tactical. Fluffy Bunny Tactical agrees that the Products delivered to the User must in all material respects and characteristics correspond to that which an ordinarily alert User would have been entitled to expect, based on the photograph and/or description of the Products on the Website, as the case may be;

 

5.2 Despite what is stated above the User acknowledges that:

 

5.2.1 All features, content, specifications, Products and Prices described or depicted on the Website are subject to change from time to time;

 

5.2.2 All measurements, weights, colours and similar descriptions are approximate and are provided for convenience purposes only;

 

5.2.3 While Fluffy Bunny Tactical makes all reasonable efforts to accurately display the attributes of the Products, including the applicable colours, the colour which is displayed on the User’s computer monitor will depend on his/her computer system and Fluffy Bunny Tactical cannot guarantee that the Customer’s computer shall accurately display such colours;

 

5.2.4 The inclusion of any Products or services on the Web Site at a particular time does not imply or warrant that these Products or services will be available at any time. Fluffy Bunny Tactical undertake to advertise the quantities of Stock available for sale via its Website.

 

6. USER’S RIGHT TO CANCEL AN ORDER

6.1 Subject to clauses 6.2 and 6.3 below, the User has the right to cancel any advance order for any Goods;

 

6.2 If Fluffy Bunny Tactical accepts an order to supply Goods it may impose a reasonable charge for cancellation of the order, subject to clause 6.4 below.

 

6.3 For purposes of this clause, a charge is unreasonable if it exceeds a fair amount in the circumstances, having regard to:

 

6.3.1 The nature of the Goods that were ordered;

 

6.3.2 The length of notice of cancellation provided by the User;

 

6.3.3 The reasonable potential for Fluffy Bunny Tactical, acting diligently, to find an alternative User between the time of receiving the cancellation notice and the time of the cancelled booking or order; and

 

6.3.4. The general practice of the industry.

 

6.4. Fluffy Bunny Tactical accepts that it may not impose any cancellation fee in respect of an order if the User is unable to honour the order because of the death or hospitalization of the User.

 

7. PRICES AND PAYMENT

7.1 All Prices quoted by Fluffy Bunny Tactical on its Website include VAT and are subject to change, which changes shall be effected in Fluffy Bunny Tactical’ sole discretion;

 

7.2 Payment may be made for Goods via the following methods (depending on its availability and/or your eligibility to use such a method) –

 

7.2.1 direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. Fluffy Bunny Tactical will not accept your order if payment has not been received;

 

7.2.2 cash in store, by selecting this option, you undertake to collect the goods at the Fluffy Bunny Tactical store and then pay for the goods in store

 

7.3 The Goods shall only be dispatched for delivery to the User once Fluffy Bunny Tactical has received proof of payment from the User that the amount due has been paid and has been received into Fluffy Bunny Tactical’s bank account;

 

7.4 You may contact us via our email to obtain a full record of your payment. We will also send you email communications about your order and payment.

 

8. DELIVERY

8.1 Fluffy Bunny Tactical offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:

 

8.1.1 courier; or

 

8.1.2 self-collection.

 

8.2 Upon receipt of payment for delivery via courier, the Goods purchased by the User shall be delivered by the Courier to the physical address elected by the User, which address shall be located within South Africa and shall be specified by the User when placing the order;

 

8.3 The Goods purchased shall be delivered within approximately 20 working days, depending on the location of the delivery address elected by the User;

 

8.4 The Courier shall at all times be and remain the User’s agent for purposes of this Agreement;

 

8.5 Fluffy Bunny Tactical shall, on request, allow the User a reasonable opportunity to examine the Goods upon delivery, for the purpose of ascertaining whether the User is satisfied that the Goods are of a type and quality to reasonably meet the general standard of such Goods;

 

8.6 The User shall be deemed to have accepted delivery of the Goods on the earliest of the following circumstances:

 

8.6.1 When the User, or his or her representative expressly or implicitly communicates to Fluffy Bunny Tactical that he/she has accepted delivery of such Goods; or

 

8.6.2 When the Goods have been delivered to the User, and:

1. a) The User does anything in relation to the Goods that would be inconsistent with Fluffy Bunny Tactical’s ownership of the Products; or
2. b) After the lapse of a reasonable time the User retains the Goods without intimating to Fluffy Bunny Tactical that the User has rejected delivery of them, subject to clause 8.5 above.

 

8.7 Although reasonable care shall be taken, Fluffy Bunny Tactical accepts no responsibility whatsoever for incorrect delivery details provided by the User or in the event that an unauthorized person accepts delivery of the Goods at the physical address elected by the User and the User expressly indemnifies Fluffy Bunny Tactical against any damage or loss occasioned by delivery to an unauthorized person;

 

8.8 In the event of short delivery the User shall forthwith upon delivery:

 

8.8.1 Endorse Fluffy Bunny Tactical’s copy of the delivery note specifying details of the short delivery; and,

 

8.8.2 Thereafter and within no more than 7 (seven) days after delivery of the Goods, the User shall lodge a claim with Fluffy Bunny Tactical in respect of the alleged short delivery.

 

8.9 In the event that the Goods delivered are damaged or defective the User shall forthwith upon delivery:

 

8.9.1 Endorse Fluffy Bunny Tactical’s copy of the delivery note detailing the damage or defects to the Goods; and

 

8.9.2 Thereafter and within no more than 7 (seven) days after delivery of the Goods, the User shall notify Fluffy Bunny Tactical of such damage or defects, following which the provisions of clause 10 below shall be followed if applicable.

 

8.10 On compliance by the User with the provisions of clauses 8.8 and 8.9 above, the provisions of clause 10 below shall become applicable;

 

8.11 In the event that the Courier fails to deliver the Goods to the User’s duly elected physical address as a result of no fault of the Courier, after making 2 (two) separate attempts in this regard, the Goods shall be returned to Fluffy Bunny Tactical and the sale shall be cancelled, where after the provisions of clause 10 below shall apply;

 

8.12 For purposes of this clause, “Fluffy Bunny Tactical” shall include the Courier as well as any affiliate, agent or independent contractor who may effect delivery of the Goods on behalf of Fluffy Bunny Tactical, or Fluffy Bunny Tactical itself. A courier fee will be calculated based on both weight and size of the product as well as the final delivery address, and added to the order request before being sent to the User for approval.

 

8.13 Fluffy Bunny Tactical is not responsible for any loss or unauthorized use of a product, after it has been dispatched for delivery of the goods to the physical address nominated by you.

 

9. OWNERSHIP AND RISK

Ownership and risk in the Goods shall only pass from Fluffy Bunny Tactical to the User upon receipt of payment of the full purchase price by Fluffy Bunny Tactical and upon delivery of the Goods to the User.

 

10. RETURNS AND REFUNDS

10.1 This clause is in addition to and not in substitution for any other right in law between Fluffy Bunny Tactical and the User to return the Goods and receive a refund;

 

10.2 Subject to clauses 10.3 to 10.6 below, the User may return the Goods to Fluffy Bunny Tactical and receive a full refund of any consideration paid for the Goods, if Fluffy Bunny Tactical has delivered Goods intended to satisfy a particular purpose communicated to Fluffy Bunny Tactical and if within 7 (seven) Business Days after delivery to the User, the Goods have been found to be unsuitable for that particular purpose;

 

10.3 Clause 10.2 above does not apply with respect to any Goods, if after having been supplied to, or at the direction of the User:

 

10.3.1 For reasons of public health or otherwise, a public regulation prohibits the return of those Goods to Fluffy Bunny Tactical once they have been supplied to, or at the direction of, the User; or

 

10.3.2 The Goods have been worn, partially or entirely disassembled, physically altered, joined or added to, blended or combined with, or embedded within, other Goods or property.

 

10.4 Goods returnable in terms of clause 10.2 above must be returned to Fluffy Bunny Tactical at the User’s risk and expense, within 7 (seven) Business Days after delivery to the User;

 

10.5 Upon return of any Goods in terms of this clause, Fluffy Bunny Tactical must refund to the User the Price paid for the Goods, less any amount that may be charged in terms of clause 10.7 below, after having been afforded an opportunity to inspect the Goods returned;

 

10.6 In determining the right of Fluffy Bunny Tactical to impose a charge contemplated in clause 10.5 above, if any Goods returned to Fluffy Bunny Tactical in terms of this clause are:

 

10.6.1 In the original unopened packaging with all tags and labels attached, Fluffy Bunny Tactical may not charge the User any amount in respect of the Goods;

 

10.6.2 In their original condition and repackaged in their original packaging, Fluffy Bunny Tactical may charge the User a reasonable amount for:

 

– Use of the Goods during the time they were in the User’s possession, unless they are Goods that are ordinarily consumed or depleted by use, and no such consumption or depletion has occurred; or

 

– Any consumption or depletion of the Goods, unless that consumption or depletion is limited to a reasonable amount necessary to determine whether the Goods were acceptable to the User; or

10.6.3 In any other case, Fluffy Bunny Tactical may charge the User a reasonable amount:

 

– As contemplated in clause 10.6.2 above; and

 

– For necessary restoration costs to render the Goods fit for re-sale, unless, having regard to the nature of the Goods and the manner in which they were packaged, it was necessary for the User to destroy the packaging in order to determine whether the Goods were fit for the intended purpose.

 

10.7 Goods may be returned to Fluffy Bunny Tactical in the following manner:

 

10.7.1 Directly to the Fluffy Bunny Tactical Store by the User; alternatively

 

10.7.2 By delivery via Courier to the Fluffy Bunny Tactical Store.

 

10.8 When returning Goods to the Fluffy Bunny Tactical Store directly, the User shall follow the usual in-store return process applied by Fluffy Bunny Tactical and the User will be required to:

 

10.8.1 Furnish proof of purchase (invoice or delivery note); and

 

10.8.2 Produce the card (proof of payment) utilized (credit, cheque or debit card) to effect payment for the Goods purchased.

 

10.9 When returning Goods via the Courier, the User will be required to:

 

10.9.1 Supply a reference number from the courier company

 

10.9.2 Insert the Goods into appropriate packaging to ensure that the Goods are not damaged during transportation;

 

10.9.3 Make the duly packaged Goods available for collection by the Courier in accordance with the instructions received from Fluffy Bunny Tactical.

 

10.10 Refund of returned Goods shall occur as follows:

 

10.10.1 EFT payments will be refunded to customer via EFT.

 

11. ERRORS

11.1 Fluffy Bunny Tactical shall take all reasonable efforts to accurately reflect the description, availability and purchase price of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding the User for any amount already paid, or otherwise as set out in clause 10 above.

 

12. DISCOUNTED GOODS

12.1 From time to time, Fluffy Bunny Tactical may offer certain Goods at discounted prices (“Deal”). These will be subject to certain conditions which define the scope of the Deal. If you buy a product within the scope of a Deal, you will pay the discounted price for that Goods (the “Deal Price”).

 

12.2 However, if you buy Goods in a manner that falls outside of the scope of a Deal, then you will pay the then current (non-Deal) selling price on the Website (the “Normal Price”), for each product that falls outside the scope of the Deal.

 

13. CUSTOMER’S RIGHTS TO SAFE, GOOD QUALITY PRODUCTS

13.1 The Parties agree in respect of the sale of all Goods by Fluffy Bunny Tactical, that the User:

 

13.1.1 Has been expressly informed that the particular Goods were offered in a specific condition; and

 

13.1.2 Has expressly agreed to accept the Goods in that condition, or knowingly acted in a manner consistent with accepting the Goods in that condition.

 

14. IMPLIED WARRANTY OF QUALITY

14.1 The implied warranty contained in section 56 of the CPA shall not apply to the Goods sold to the User due to the fact that Fluffy Bunny Tactical is deemed to have clearly and expressly stated the condition in which the Goods are sold to the User and the User is deemed to have indicated.

 

14.1.1 That he/she expressly agrees to the Goods being sold in the aforesaid condition; and has not specifically informed Fluffy Bunny Tactical of any particular purpose for which he/she wishes to acquire or use the Goods.

 

14.2 Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.

 

15. LIABILITY FOR DAMAGE CAUSED BY GOODS

15.1 Except to the extent contemplated in clause 15.3 below, the producer, importer, distributor or retailer of the Goods, including Fluffy Bunny Tactical, are liable for any harm, caused wholly or partly as a consequence of:

 

15.1.1 Supplying any unsafe Goods;

 

15.1.2 A Product failure, defect or hazard in any Product; or

 

15.1.3 Inadequate instructions or warnings provided to the User pertaining to any hazard arising from or associated with the use of the Goods, irrespective of whether the harm resulted from any negligence on the part of the producer, importer, distributor, or Fluffy Bunny Tactical, as the case may be.

 

15.2 If, in a particular case, more than one person is liable in terms of this clause, their liability is joint and several;

 

15.3 Liability of Fluffy Bunny Tactical in terms of this clause does not arise if:

 

15.3.1 The unsafe Product characteristic, failure, defect or hazard that results in harm is wholly attributable to compliance with any public regulation;

 

15.3.2 The alleged unsafe Product characteristic, failure, defect or hazard:

 

1. a) Did not exist in the Product at the time it was supplied by Fluffy Bunny Tactical to the User; or

 

1. b) Was wholly attributable to non-compliance by the User with instructions provided by Fluffy Bunny Tactical, in which case point (a) above does not apply.

 

15.3.3 It is unreasonable to expect Fluffy Bunny Tactical to have discovered the unsafe Product characteristic, failure, defect or hazard, having regard to Fluffy Bunny Tactical’s role in marketing and supplying the Goods to the User; or

 

15.3.4 The User’s claim for damages is brought more than 3 (three) years after the:

 

1. a) Death or injury of a person;

 

1. b) Earliest time at which a person had knowledge of the material facts about an illness; or

 

1. c) Earliest time at which a person with an interest in the Goods had knowledge of the material facts about the loss or damage to that Goods; or

 

1. d) The latest date on which the User suffered any related economic loss.

 

15.4 The User acknowledges that Fluffy Bunny Tactical shall have no responsibility or liability of any kind, whether for breach of warranty or otherwise arising or resulting from:

 

15.4.1 Malfunction, failure or unavailability of the Goods to the extent that Fluffy Bunny Tactical has maintained industry accepted standards typically associated with the Goods;

 

15.4.2 Errors in the functioning of the Goods resulting from abuse, negligence, improper or inappropriate use of all or any part of the Goods by the User;

 

15.4.3 A failure to supply the Goods to the extent that such failure is due to any default, delay, act or omission of the User or as a result of the User’s third-party dependencies beyond the control of Fluffy Bunny Tactical.

 

 

16. PRIVACY POLICY (is continued from Terms and Conditions.)

 

16.1 Fluffy Bunny Tactical respect your privacy and will take reasonable measures to protect it, as more fully detailed below.

 

16.2 Should you decide to ask for a quote on our Website, we may require you to provide us with personal information which includes but is not limited to –

1. a) your name and surname;
2. b) your email address;
3. c) your physical address;
4. d) your mobile number; and

16.3 Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.

 

16.4 You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.

 

16.5 Subject to clause 16.6 below, we will not, without your express consent:

 

16.5.1 use your personal information for any purpose other than as set out below:

1. a) in relation to the ordering, sale and delivery of Goods;
2. b) to improve our product selection and your experience on our Website.

 

16.5.2 disclose your personal information to any third party other than as set out below:

 

1. a) to our employees who assist us to interact with you via our Website, email or any other method, for the ordering of Goods or when delivering Goods to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;

 

1. b) to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these Terms and Conditions;

 

1. c) to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their own benefit;

 

1. d) to our suppliers in order for them to liaise directly with you regarding any faulty Goods you have purchased which requires their involvement; and

 

16.5.3 Fluffy Bunny Tactical are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, Fluffy Bunny Tactical is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.

 

16.6 Fluffy Bunny Tactical will ensure that all of our employees, third party service providers, divisions, affiliates and partners (including their employees and third-party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.

 

16.6.1 Fluffy Bunny Tactical will –

 

1. a) treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;

 

1. b) take appropriate technical and organizational measures to ensure that your personal information is kept secure and is protected against unauthorized or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;

 

1. c) promptly notify you if we become aware of any unauthorized use, disclosure or processing of your personal information;

 

1. d) provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and

 

1. e) upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.

 

16.7 Fluffy Bunny Tactical will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.

 

16.8 Fluffy Bunny Tactical undertake never to sell or make your personal information available to any third party other than as provided for in this policy.

 

16.9 Whilst Fluffy Bunny Tactical will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorized or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.

 

16.10 This website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognize repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behavior and compile aggregate data that will allow the website operator to improve the functionality of the website and its content, and to display more focused advertising to a User by way of third-party tools. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser, you may not be able to use those features, and your access to our Website will therefore be limited. If you do not disable “cookies”, you are deemed to consent to our use of any personal information collected using those cookies, subject to the provisions of this clause 16.

 

17. CHANGES TO THE TERMS AND CONDITIONS AND PRIVACY POLICY

 

17.1 Fluffy Bunny Tactical may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.

 

17.2 Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.

 

18. ELECTRONIC COMMUNICATIONS

 

18.1 When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with our privacy policy as set out in clause 16 above.

 

19. OWNERSHIP AND COPYRIGHT

 

19.1 The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Fluffy Bunny Tactical, its advertisers and/or sponsors and/or is licensed to Fluffy Bunny Tactical.

 

19.2 You will not acquire any right, title or interest in or to the Website or the Website Content.

 

19.3 Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorized in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact us via our email address.

 

19.4 Where any of the Website Content has been licensed to Fluffy Bunny Tactical or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third-party terms and conditions.

 

20. DISCLAIMER

 

20.1 The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.

 

20.2 Whilst Fluffy Bunny Tactical takes reasonable measures to ensure that the content of the Website is accurate and complete, Fluffy Bunny Tactical makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by Fluffy Bunny Tactical’s representatives, Fluffy Bunny Tactical shall not be bound thereby.

 

20.3 Fluffy Bunny Tactical disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.

 

20.4 Any views or statements made or expressed on the Website are not necessarily the views of Fluffy Bunny Tactical, its directors, employees and/or agents.

 

20.5 In addition to the disclaimers contained elsewhere in these Terms and Conditions, Fluffy Bunny Tactical also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardize or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardize, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or willful misconduct of Fluffy Bunny Tactical, its employees, agents or authorized representatives. Fluffy Bunny Tactical thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Website.

 

20.6 Some products may require a client to complete and sign a End User Agreement/Document (EUA or EUD) before deliver of products this is applicable but not limited to Thermal Imaging Equipment and Night-Vision Equipment.

 

20.7 All images are used for illustration purposes only and the products appearance may vary from the images shown on the site.

 

21. LIMITATION OF LIABILITY

 

21.1 Fluffy Bunny Tactical cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or willful misconduct of Fluffy Bunny Tactical, its employees, agents or authorized representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of our email address.

 

21.2 Fluffy Bunny Tactical shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the website or the content contained in the website; or your inability to use the website, and/or unlawful activity on the website. You hereby indemnify Fluffy Bunny Tactical against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this website.

 

22. BREACH

 

22.1 If either Party breaches a term of this Agreement and fails to remedy that breach within 14 (fourteen) days of receipt of written notice from any other Party calling for the breach to be remedied, then that Party shall be entitled, without prejudice to any other rights that it may have, whether under this Agreement or in law, to cancel this Agreement without notice or to claim immediate specific performance of all the defaulting Party’s obligations, whether or not due for performance, in either event without prejudice to the aggrieved Party’s right to claim damages.

 

23. AVAILABILITY AND TERMINATION

 

23.1 Fluffy Bunny Tactical will use reasonable endeavors to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.

 

23.2 Fluffy Bunny Tactical may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Fluffy Bunny Tactical will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.

 

23.3 If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.

 

23.4 Fluffy Bunny Tactical is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Fluffy Bunny Tactical, in whole or in part, on notice to you. Fluffy Bunny Tactical shall only be liable to refund monies already paid by, and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.

 

23.5 At any time, you can choose to stop using the Website, with or without notice to Fluffy Bunny Tactical.

 

24. NOTICES

 

24.1 Fluffy Bunny Tactical hereby selects the understated address as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Fluffy Bunny Tactical may change this address from time to time by updating these Terms and Conditions.

24.2 For the purposes of the ECT Act, Fluffy Bunny Tactical’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the

 

Website:

1. a) Full name: Fluffy Bunny Tactical (Pty) Ltd, a private company registered in South Africa with registration number 2020/864572/07
2. b) Physical Address: 117 Celle Street, Glencoe, KZN
3. c) Postal Address: P.O Box 288, Utrecht, 2980
4. d) Fax: N/A
5. e) Telephone: 083 401 2434
6. f) E-mail address: pierre@fbtactical.co.za

 

24.3 You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving Fluffy Bunny Tactical not less than 7 days’ notice in writing.

 

24.4 Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent –

 

1. a) by hand will be deemed to have been received on the date of delivery;
2. b) by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
3. c) by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and
4. d) by email will be deemed to have been on the date indicated in the “Read Receipt” notification. All email communications between you and us must make use of the “read receipt” function to serve as proof that an email has been received.

 

25. COMPLAINTS

 

25.1 If you have a complaint about the goods or services provided by Fluffy Bunny Tactical or require information regarding our internal complaints-handling process, please get in touch with us via our email address.

 

25.2 If we don’t resolve your complaint within 15 (fifteen) business days of you having notified us of it, you are entitled to approach the Consumer Goods and Services Ombud (“CGSO”), to assist in resolving the dispute. The CGSO’s contact details are: Website: http://www.cgso.org.za/ Sharecall: 0860 000 272 Email: complaints@cgso.org.za

 

26. GOVERNING LAW AND JURISDICTION

 

26.1 These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.

 

26.2 In the event of any dispute arising between you and Fluffy Bunny Tactical, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (KwaZulu-Natal Division, Pietermaritzburg) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

 

26.3 Nothing in this clause 26 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

 

27. INTERPRETATION

 

27.1 Clause and paragraph headings are for purposes of reference only and shall not be used in interpretation;

 

27.2 Unless the context clearly indicates a contrary intention, any word connoting:

1. a) Any gender includes the other two genders;
2. b) The singular includes the plural and vice versa;
3. c) Natural persons include artificial persons and vice versa;
4. d) Insolvency includes provisional or final sequestration, liquidation or judicial management.

 

27.3 When any number of days is prescribed such number shall exclude the first and include the last day unless the last day falls on a Saturday, Sunday, or a public holiday in the Republic of South Africa, in which case the last day shall be the next succeeding business day;

 

27.4 A reference to an enactment is a reference to that enactment as at the date of acceptance hereof and as amended or re-enacted from time to time;

 

27.5 If any provision in a definition is a substantive provision conferring rights or imposing obligations on any Party, notwithstanding that it is only in the definition clause, effect shall be given to it as if it were a substantive provision in the body of the Agreement;

 

27.6 The eiusdem generis rule shall not apply and accordingly, whenever a provision is followed by the word “including” and specific examples, such examples shall not be construed so as to limit the ambit of the provision concerned;

 

27.7 Where any term is defined within the context of any particular clause in this Agreement, then, unless it is clear from the clause in question that the term so defined has limited application to the relevant clause, the term so defined shall bear the meaning ascribed to it for all purposes in terms of this Agreement, notwithstanding that that term has not been defined in the definition clause.

 

28. GENERAL

 

28.1 Fluffy Bunny Tactical may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.

 

28.2 You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.

 

28.3 Any failure on the part of you or Fluffy Bunny Tactical to enforce any right in terms hereof shall not constitute a waiver of that right.

 

28.4 If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

 

28.5 No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.

 

28.6 No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.

 

28.7 These Terms and Conditions contain the whole agreement between you and Fluffy Bunny Tactical and no other warranty or undertaking is valid, unless contained in this document between the parties.

 

29. FORCE MAJEURE

 

In the event of a force majeure event, specifically circumstances beyond the control of the Parties/Party, including but not limited to: acts of God, war, civil war, sabotage, acts of terrorism, government sanction, epidemics, import or export relation or order, labour disputes, failure in transportation equipment, machinery or personnel or in the provision of any utility including power, or communications service, neither Party shall be liable for any breach hereof.