Terms & Conditions

Terms and conditions outline the rules and regulations for the use of Hand Made by Fynbossie’s website, located at https://madebyfynbossie.e.wpstage.net/terms-conditions/ 

Hand Made by Fynbossie is a business in the manufacturing industry that manufactures furniture. Hand Made by Fynbossie specializes in hand making furniture and do so by only making per order. No stock items are kept.

Subject to availability and receipt of payment, orders will be processed within 6-7 weeks (custom orders will take 1-2 weeks longer) and delivery or collection (whichever option stated on invoice) confirmed via email/WhatsApp.

• It is the responsibility of the client to ensure the measurements, colour and total order given on the quote/invoice is correct. Unfortunately mistakes can happen on our side and we need clients to double check invoices.

• The product may be removed from the site in the event of payment default, after Hand Made by Fynbossie obtained the necessary court order permitting us to reposes such goods.

Interest penalties on overdue accounts shall be charged at prime + 2% per week. Should legal action be necessary, all legal costs incurred in recovering debts which include attorney/client and attorney/attorney costs, will be for the client’s account.

• All orders remain the property of Hand Made by Fynbossie until payment has been received in full.

• Any items not collected within 5 business days, R50 per day will be charged for storage. If an Item is not collected within 3 weeks from date of completion, the Factory will be allowed to resell the product to cover costs incurred and 30% of deposit will be paid back to customer. No liability will be taken for any damages caused after 5 business days and client will still be liable for storage charges.

• Hand Made by Fynbossie requires a deposit of 70% on CUSTOM orders placed via email, to confirm the order and 100% payment on products ordered via our website. We may impose a cancellation fee in the event of cancellation before or after delivery. The fee will depend on the nature of the order, the length of notice of cancellation before delivery, the reasonable potential to find alternative clients for the order and the reason for cancellation. No refunds on deposits in the event of cancellation for already ordered/made Custom-Order Goods.

• The products purchased from Hand Made by Fynbossie are all hand made. Product flaws might be visible. No two products are the same as they are made by hand and cannot be duplicated precisely.

• Photos used on www.madebyfynbossie.com and social media sites are representative of the design only. Variation is bound to occur due to the nature of organic material and configuration of digital screens and cameras used. We try to showcase the true colour of the product as much as possible, but 100% similarity is not guaranteed. Hand Made by Fynbossie will not be held liable if product stains/fabric colours do not look 100% the same as showcased on our website.

• With fabrics, we use the swatches made available by the appropriate supplier. Every client need to visit a Hertex store to view the fabric in person and make sure you make the correct choice. Hand Made by Fynbossie will not be held liable or give refunds if you choose the wrong colour.

• Should a price be displayed incorrectly, Hand Made by Fynbossie will not be held liable and the correct price will apply.

Delivery policy

• Delivery is not included unless specified on the quote/invoice.

• Delivery times are strictly Monday – Friday, 09:00 – 17:00.

• No deliveries after hours, on weekends or public holidays.

• We do understand some people can only accept delivery on a weekend and as such, this needs to be arranged with us upon ordering.

• Any delivery date or time specified by Hand Made by Fynbossie, is a best estimate only and we will not be held liable for any loss or damage through any reasonable or unavoidable delay in delivery. No refunds will be done for any delay in delivery as per above.

• Hand Made by Fynbossie is not responsible for any deliveries outside of our delivery included on www.madebyfynbossie.com, however we do supply you with courier companies details who can assist you. These are 3rd parties and we do not take any responsibility for delays and damages that could occur with courier companies.

• Should you make use of a courier company that does not specialize in furniture transport/removals, take note that there is a bigger chance of your goods being damaged and there are usually only 1 person doing the delivery, meaning you will have to assist in offloading your furniture. Our furniture is solid and therefore not light at all so please be prepared to offload heavy furniture. Furniture transport companies such as Eezi Move always have at least 2 people to offload the furniture from the truck. These companies also take extra precaution when handling your furniture as that is what they specialize in. Hand Made by Fynbossie will NOT be held responsible for any damages whatsoever caused by any courier company.

• It is the client’s responsibility to inform Hand Made by Fynbossie on the courier company they will be using and the time and date the collection will take place.

• DELIVERY / COLLECTION RECEIPT TO BE SIGNED OFF BY CLIENT AND DATED IN ORDER TO HAVE 6 MONTHS GUARANTEE IN PLACE.

• The person collecting must present the original Hand Made by Fynbossie invoice at time of collection. Please notify the consultant prior to collection.

• Our delivery fee is only for delivering the goods onto the premises of the address provided, not to place it in its designated spot. Should the product be bumped and damaged whilst being carried on the premises, Hand Made by Fynbossie will not be held responsible in any way. Space is very important when moving our furniture around as we do not provide flat pack furniture and only solid build furniture which can’t be taken apart. Our delivery team do their best to assist you in placing the product in its designated spot but it is not our responsibility to do so. Should there not be ample space to get the product in its designated spot, Hand Made by Fynbossie will not provide a refund and will leave the product on the premises of the address provided for delivery.

• Should our team assist you in carrying the product into the building and due to space limitations, they take longer than our usual onsite 15min delivery time, an additional delivery fee might be charged to compensate for the additional time spent.

• Some larger furniture items (such as our Protea wardrobe) will incur additional delivery costs as this item takes more time to deliver due to its large size.

Cancellation, refund and returns policy

• Cancellations on custom made goods are not allowed.

• Online orders are permitted to be cancelled within 7 days of placing order. Thereafter, a cancellation fee will be charged and the fee will increase the closer cancellation is to the deadline.

• The provision of goods and services by Hand Made by Fynbossie is subject to availability. In cases of unavailability, Hand Made by Fynbossie will refund the client in full within 30 days.

• Hand Made by Fynbossie does not normally give refunds if you simply change your mind or make the wrong decision. Hand Made by Fynbossie will offer you a refund, exchange or repair, where goods are defective within 5 business days, if the products are wrongly described or do not perform. After 5 business days, only an exchange or repair will be offered. If the product is installed, affixed amended we will not accept a return of the product, unless defective. We may charge a 10% handling fee if the return is accepted by management.

• If a complaint is only received after 5 business days of delivery/collection, no refund will be granted. Complaints need to be received in writing, via email (not WhatsApp), within 5 business days of delivery/collection. Even if specified the issue has been there since day 1, if not received in writing within 5 business days of delivery/collection, no refund will be granted.

• Please note that ALL furniture are custom hand made to client’s specifications so we cannot offer refunds on such goods. We will only make exceptions (at our sole discretion) should we get the order completely wrong. For example; if you order a Lily chest of drawers but we send you a Restio chest of drawers. Please note that a change of heart, ‘buyers remorse’ or simply ‘not liking it’ is not a valid reason to request a refund.

• Please note that Hand Made by Fynbossie does not cover shipping/delivery costs for returns should we not be in the wrong. Should you want an alteration done to your product, you will be obliged to cover the shipping/delivery costs.
• Hand Made by Fynbossie does not grant refunds for incorrect size or colour ordered. It is the responsibility of the client to ensure the measurements and colour given on the quote/invoice is correct.

• All products are handmade, one piece at a time using natural materials. Any irregularities in our product should not be considered as flaws but confirm this process. Splits and cracks can occur when wood shrinks as it dries and should not be considered a flaw in our product. No two pieces will ever be exactly the same due to the hand made nature of our products. Returns will not be accepted for the above-mentioned reasons.

Lay buy payment terms

• Orders to be paid off over 3 months interest free or 6 months at 5% interest.

• Each instalment date is calculated based on your first payment i.e. if you pay your first instalment on the 10th of May, your next instalments will be 10 June, 10 July etc.

• Please note that once the order is placed and invoiced, you will be given 24 hours to make your first payment, otherwise your order will be cancelled.

• If you fail to pay by the due date of your 2nd instalment, you will be given 14 days to settle the payment and if not, your order will be cancelled and we will hold a 10% handling fee back based on the total amount of your order. The rest of the monies already paid, will be refunded back to you. Please note that you can only have one late payment. Should it happen again, your order will automatically be cancelled with a 10% handling fee.

• Should you decide to cancel the order for whatever reason, before all payments were made, a 10% handling fee will also be charged and the rest of the monies already paid, will be refunded back to you.

Once the second last payment has been made, your order will be put on the manufacturing list with our lead time applicable the time.

• The item must be paid in full before delivery or collection will be possible.

Warranty

• Hand Made by Fynbossie warrants its customer that the goods which have been manufactured and/or supplied by the company and delivered to the Customer, shall be free from defects to the following:

• The warranty is for a period of 6 months on manufacturing of all furniture. The date is determined from date of installation/delivery. Depending on the defect, the customer will be entitled to request a repair of goods which are defective within such period.

• The warranty on couch frames are 1 year on the manufacturing part only. Should there be a defect within this time, the couch will be thoroughly assessed to determine if the defect is due to poor manufacturing on man handling by the client (i.e. jumping on couches).

• Hand Made by Fynbossie shall not be liable or responsible in any way for any damages of whatsoever nature, including consequential and penal damages, caused by or due to any failure of operation or malfunction of the goods, unless such damages can be attributed to any circumstances reasonably within the control of Hand Made by Fynbossie.

• The warranty shall immediately be rendered null and void in the event of any of the following:

    • Pine tables be placed outside, not fully under cover and kept away from direct sunlight and rain. Pine tables are not allowed to be placed outside under any circumstances.
    • Any alterations or modifications or addition made to the goods supplied, without the prior consent of Hand Made by Fynbossie.
    • Failure to use goods in accordance with the instructions and specifications.
    • General misuse and abuse of goods.
    • Tampering with products, such as dismantling or alterations.
    • Any damage caused by fire, flood civil disturbance or act of God.
    • The client not having its original invoice available to be supplied to Hand Made by Fynbossie.

Care instructions

PLEASE REFER TO OUR CARE INSTRUCTIONS PAGE FOR A FULL GUIDE ON CARING FOR YOUR FYNBOSSIE FURNITURE.

• Any natural wood needs to be treated, to prolong the lifespan of the wood.

• Raw wood products will have to be treated after delivery/collection. We never sell raw wood furniture unless a client requests it and we approve it after careful consideration. It stays the responsibility of the client to treat the wood immediately.

• Heat does change the shape and colour of wood, especially when untreated or not treated properly and standing directly in sun.

• With any wooden furniture it is recommended that an even room temperature be maintained with no sudden temperature fluctuations, up or down.

• Do not place furniture next to a radiator or in direct sunlight. Wood is a natural product and will expand if subjected to damp and will shrink and may crack if subjected to heat. Pine is a timber that is common for furniture, but susceptible to temperature changes. With pine furniture it is recommended that an even room temperature be maintained with no sudden temperature fluctuations, up or down.

• Never place fabric items in the sun or in an area in the room where it will get exposed to direct sunlight. This will cause the fabric to fade. Hand Made by Fynbossie needs to be informed when the fabric will be exposed to direct sunlight as we will need to advise on different fabric, resistant to fading.

• Pine furniture can under no circumstances be placed outside, exposed to any direct sunlight or rain. Pine is a soft wood and cannot handle water or fluctuations in temperatures. This will damage the wood and the warranty will expire immediately. Hand Made by Fynbossie used to sell pine tables with an outdoor option which stated undercover only and not exposed to the elements. Unfortunately clients still placed their furniture in the open, exposed to rain and direct sunlight. As such, we decided to remove this option and ONLY sell pine furniture as INDOOR furniture which may no longer be placed outside.

• When we apply varnish to natural wood (not supawood), a light varnish is used, for indoor use only. It is only to provide a light protection, but not against sun, weathering or staining.

• The clear varnish we use is a low sheen varnish, meaning it doesn’t have a distinctive shine to it and keeps the natural colour of the wood. Often it appears there is no varnish on, when indeed there is a varnish on.

• To clean the wood or supawood sprayed products, wipe with a dry cloth. To clean a light stain, add a glass cleaner to a dry cloth and wipe the appropriate section. Do NOT wet the cloth. For full caring instructions, please visit https://madebyfynbossie.e.wpstage.net/refund-care-instructions/

• If you want to use your table outside (hard wood tables) or even on a partly enclosed patio, please advise us beforehand and we will advise on the correct oil/sealer to be used to properly protect the wood. If Hand Made by Fynbossie is not advised prior to and the wood is used/stored/positioned by the client outdoors or on a partly enclosed patio, the warranty will expire immediately and Hand Made by Fynbossie will not be held responsible for any damages.

• It stays the responsibility of the client to maintain the wood and make sure it gets the treatment it needs in order to last a long time.

Wood markings

• Any wood has natural markings and ‘imperfection’ areas as it is a natural product.

• All natural wood types have knots and we cannot guarantee how many knots will be in the product as it is a NATURAL product.

• Achieving 100% perfection in smoothness, thickness, size and colour, is not guaranteed with wood as it stays a natural product and we hand make all products.

• We try our best to make products as perfect as possible, but still keeping in mind we are working with a natural product that brings its own characteristics and ‘history’.

• We hand make every item and products will vary slightly. 100% similarity is not guaranteed.

Moving of furniture during delivery

• Whilst every care will be taken in the moving of furniture, Hand Made by Fynbossie will not be held liable for any damage thereto.

• When a product is offloaded from our vehicle and on the premises of the delivery address, Hand Made by Fynbossie will not be held liable for any damages to the product thereafter.

• As soon as the product is on the premises of the delivery address, it is the responsibility of the client, and not Hand Made by Fynbossie anymore.

• It is the responsibility of the client to make sure there is ample space for products to be brought into a building, or onto premises, without incurring any damages. Hand Made by Fynbossie will not be held liable when there are space limitations.

• Hand Made by Fynbossie staff might assist in carrying the products into buildings, but our delivery fee is only for delivering the furniture to the premises and our responsibility lies only with that.

Indemnity

• The Client acknowledges the risk involved in the supply of the products by Hand Made by Fynbossie and hereby indemnifies Hand Made by Fynbossie against claims for harm/damage cause to him/his property due to reasonable control or unintentional act of any person, whether or not in the employ of Hand Made by Fynbossie. This will include loss or damage caused as a result of fire or theft, or any economical lost pertaining to the harm/damage caused.

Customer privacy policy

Hand Made by Fynbossie 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/attachment.php?aa_id=3569.

Payment options accepted

Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the Hand Made by Fynbossie bank account, the details of which will be provided on request.

Card acquiring and security

Card transactions will be acquired for Hand Made by Fynbossie via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

Customer details separate from card details

Customer details will be stored by Hand Made by Fynbossie separately from card details which are entered by the client on DPO PayGate’s secure site. For more detail on DPO PayGate refer to www.paygate.co.za.

Merchant outlet country and transaction currency

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).

Responsibility

Hand Made by Fynbossie takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.

Country of domicile

This website is governed by the laws of South Africa and Hand Made by Fynbossie 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.

Variation

Hand Made by Fynbossie may, in its sole discretion, change this agreement or any part thereof at any time without notice.

Company information

This website is run by Hand Made by Fynbossie (private company) based in South Africa trading as Hand Made by Fynbossie and with registration number 2018/597096/07 and Bianca Smith (Owner).
Hand Made by Fynbossie’s contact details Company Physical Address: 125 Hout Street, Kraaifontein, 7570

Email: info@madebyfynbossie.com

Telephone: 0834699413

** Terms and conditions subject to change without prior notice.

By accessing this website we assume you accept these terms and conditions. Do not continue to use Hand Made by Fynbossie if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies

We employ the use of cookies. By accessing Handmade by Fynbossie, you agreed to use cookies in agreement with the Hand Made by Fynbossie’s Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, Hand Made by Fynbossie and/or its licensors own the intellectual property rights for all material on Hand Made by Fynbossie. All intellectual property rights are reserved. You may access this from Hand Made by Fynbossie for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

  • Republish material from Hand Made by Fynbossie
  • Sell, rent or sub-license material from Hand Made by Fynbossie
  • Reproduce, duplicate or copy material from Hand Made by Fynbossie
  • Redistribute content from Hand Made by Fynbossie

This Agreement shall begin on the date hereof.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Hand Made by Fynbossie does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Hand Made by Fynbossie,its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Hand Made by Fynbossie shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

Hand Made by Fynbossie reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

  • You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
  • The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
  • The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
  • The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant Hand Made by Fynbossie a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

  • Government agencies;
  • Search engines;
  • News organizations;
  • Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
  • System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

  • commonly-known consumer and/or business information sources;
  • dot.com community sites;
  • associations or other groups representing charities;
  • online directory distributors;
  • internet portals;
  • accounting, law and consulting firms; and
  • educational institutions and trade associations.

We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Hand Made by Fynbossie; and (d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Hand Made by Fynbossie. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

  • By use of our corporate name; or
  • By use of the uniform resource locator being linked to; or
  • By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

No use of Hand Made by Fynbossie’s logo or other artwork will be allowed for linking absent a trademark license agreement.

iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.

Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

  • limit or exclude our or your liability for death or personal injury;
  • limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  • limit any of our or your liabilities in any way that is not permitted under applicable law; or
  • exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.