Terms & Conditions
THIS WEBSITE IS OFFERED AND AVAILABLE TO USERS WHO ARE 18 YEARS OF AGE OR OLDER, AND RESIDE IN SOUTH AFRICA. BY USING THIS WEBSITE OR BY PLACING AN ORDER FOR PRODUCTS FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE 18 YEARS OF AGE OR OLDER, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT 18 YEARS OF AGE OR OLDER, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
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These terms and conditions ("Terms and Conditions") govern your access to and use of www.foreverpipesa.net including any content, functionality and purchase and sale of products offered on or through www.foreverpipesa.net (the "Website"), whether as a guest or a registered user. If you do not agree with these Terms and Conditions, you may not order any products on the Website or in any other way use the Website.
This website is operated by FOREVER PIPE RSA PTY(LTD), a South African private company, 20 Swempie Cresent, Unit 54, K-Cee Manor, Liefde en Vrede
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Article 1 - General
You acknowledge and guarantee that by using the Website you have reached the age of 18 years. The Website is intended solely for persons who are 18 years of age or older, and any registration, use or access to the Website by anyone under the age of 18 is unauthorized, unlicensed, and in violation of these Terms and Conditions. FOREVER PIPE RSA reserves the right to request a government-issued identification.
FOREVER PIPE RSA reserves the right, in its sole discretion, to terminate your access to all or any part of the Website and/or your personal environment in the Website (“Account”) including your information at any time for any reason whatsoever without prior notice or liability. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms and Conditions, specifically, but not limited to, if FOREVER PIPE RSA believes that you are under the age of 18, (b) requests by law enforcement, (c) unexpected technical or security issues or problems, and (d) extended periods of inactivity.
FOREVER PIPE RSA is at all times authorized to amend or supplement these Terms and Conditions. The most up-to-date Terms and Conditions can always be found on the Website. The amended or supplemented Terms and Conditions will be brought to your attention in your Account. If you continue to use the Website after the Terms and Conditions have been amended or supplemented, by such action you irrevocably accept the amended or supplemented Terms and Conditions. If you do not agree to the amended or supplemented Terms and Conditions, your only option is to cease using the Website and to terminate your Account.
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Article 2 - Account
To use the Website to order products FOREVER PIPE RSA requires certain information from you. Please read the Privacy Policy for more detailed information. You undertake to duly comply with all instructions stated on the Website by, among other things, providing true, accurate, current and complete information about yourself. You undertake to update information about yourself within ten (10) days of any changes.
For a tailored shopping experience you can register an Account on the Website. It is not permitted to create an Account using the name of another person or company. During registration, you must provide a user name, e-mail and password (“Login Details”) with which you can gain access to your Account.
You will receive an email including your Login Details upon completing the registration process on the Website. You are responsible for maintaining the confidentiality of the Login Details, and are fully responsible and liable for all activities that occur with your Account. You agree to (a) immediately notify FOREVER PIPE RSA of any unauthorized use of your Login Details or Account or any other breach of security, and (b) ensure that you exit from your Account at the end of each session. FOREVER PIPE RSA cannot and will not be liable for any loss or damage arising from your failure to comply with this Article.
You hereby agree to indemnify and hold harmless FOREVER PIPE RSA against any and all claims which might be incurred as a consequence of any use or abuse by any unauthorized person of your Login Details or Account.
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Article 3 - Products and Orders
You agree that the use of the Website, including the purchase and sale of products offered on or through the Website, is at your sole risk. You agree that all products (including but not limited to Smoking Pipes) displayed, advertised or sold within the Website are expressly intended for ornamental purposes, collector purposes, novelty use, or for use with tobacco or other legal smoking products or other lawful purposes only. No other use for these items in any way is either intended or condoned by you or FOREVER PIPE RSA . Products from FOREVER PIPE RSA must not be used for any illegal drugs or any other illegal purposes.
FOREVER PIPE RSA does not guarantee that customs or another law enforcement agency will not confiscate any item ordered by you. You are solely responsible for checking all laws on smoking accessories applicable to you before placing an order on the Website, and you takes full responsibility and liability for orders made to your Province. If an item is confiscated by the customs or another law enforcement agency, FOREVER PIPE RSA will not refund any payments to you.
If you fail to comply with our Terms and Conditions, FOREVER PIPE RSA will cancel your order, and refund your money to the original payment card; provided, however, that a fifteen percent (15%) service fee will be deducted from refundable amount.
You agree that your order is an offer to buy, under these Terms and Conditions, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
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Article 4 - Price and Payment Terms
All prices stated on the Website are in South African Rands. The billing address to which your order is to be shipped must match the address on file with the bank for the purchase to go through. All payments are securely processed through **************, an online credit card processor. All prices, discounts, and promotions posted on the Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include charges for shipping and handling. All such charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept Visa, MasterCard, and American Express for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.
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Article 5 - Shipments; Delivery; Title and Risk of Loss
FOREVER PIPE RSA will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
FOREVER PIPE RSA protects our products with double bubble wrap, crinkle paper, card-board or peanuts, to prevent any damage to the product. FOREVER PIPE RSA is not responsible for damages that happen during shipping with the South African Postal Service. FOREVER PIPE RSA offers a delivery damage warranty. In this case, if the item was damaged during its transportation and delivery process to the customer, FOREVER PIPE RSA agrees to ship the same or similar item to the customer at the expense of FOREVER PIPE RSA with no further charge to the customer. At the same time, the customer agrees to report the problem to FOREVER PIPE RSA customer support within 48 hours of receiving the item, and provide a picture/video of the damaged item. If the problem was not reported within 48 hours or the picture was not provided, FOREVER PIPE RSA reserves the rights to not proceed with any further actions.
Each item comes with tracking number. FOREVER PIPE RSA takes all responsibilities during the delivery period. As soon as the item was delivered to the customer and confirmed by the tracking number, all liabilities are the responsibility of the customer.
After your order is placed and confirmed you will receive an automatic email confirmation of your order. All complete and confirmed orders are shipped in 1-5 business days. After your order has been shipped, you will receive the second email confirmation from FOREVER PIPE RSA with shipping carrier information and a tracking number. If you are not at home at the time of the delivery, the package is left at the mail box or designated mail area, including front porch, mail box room, etc. If any damage occurs during shipping and delivery, the buyer must immediately notify FOREVER PIPE RSA and provide picture of the damaged product by sending an email to: for.ever.pipesa@gmail.com.
As soon as evidence is received, FOREVER PIPE RSA shall send a replacement of exactly the same or equivalent product the next business day.
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Article 6 - Returns and Refunds
DUE TO THE NATURE OF THE ITEMS ON OUR WEBSITE, FOREVER PIPE RSA DOES NOT ACCEPT RETURNS, AND ALL SALES ARE FINAL.
ALL PURCHASED ITEMS ARE NON-REFUNDABLE, NON-EXCHANGEABLE AND NON-TRANSFERABLE.
FOREVER PIPE RSA will consider accepting return or replacement requests only if received within seven (7) days after the item was delivered and reserves the right to approve or not approve a request for return or replacement in its sole and absolute discretion. If the return of the item was approved by FOREVER PIPE RSA , the client must pay the return shipping fee. A twenty percent (20%) service fee will be deducted from the total refundable amount. If a replacement item was requested by the client and was approved by FOREVER PIPE RSA , FOREVER PIPE RSA takes all responsibilities for the shipping fee required to send the replacement. FOREVER PIPE RSA will not send the replacement until the original item is received, inspected and appears to be in non-damaged and non-used condition. For any issues with the received product, please contact us at for.ever.pipesa@gmail.com.
All returns need to be addressed to our "Returns" office located at:
20 Swempie Cresent, Unit 54, K-Cee Manor, Liefde en Vrede
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Article 7 - Manufacturer's Warranty and Disclaimers
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Article 9 - Privacy
We respect your privacy and are committed to protecting it. Our Privacy Policy, [WEBSITE ADDRESS], governs the processing of all personal data collected from you in connection with your access of, and purchase of products or services through, the Website.
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Article 10 – Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
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Article 11 – Geographic Restrictions
The owner of the Website is based in the Province of Gauteng South Africa. We provide this Website for use only by persons located in the South Africa. We make no claims that the Website or any of its content is accessible or appropriate outside of the South Africa. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside South Africa, you do so on your own initiative and are responsible for compliance with local laws.
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Article 12 – Limitation on Liability
IN NO EVENT WILL FOREVER PIPE RSA, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
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Article 13 – Indemnification
You agree to defend, indemnify and hold harmless FOREVER PIPE RSA, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
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Article 14 - Governing Law and Jurisdiction
All matters relating to the Website and these Terms and Conditions and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Republic of South Africa without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these Terms and Conditions or the Website shall be instituted exclusively in the courts of South Africa, we retain the right to bring any suit, action or proceeding against you for breach of these Terms and Conditions in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
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Article 15 - Arbitration
At FOREVER PIPE RSA's sole discretion, it may require you to submit any disputes arising from the use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of South African law.
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Article 16 - Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
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Article 17- Entire Agreement
The Terms and Conditions and our Privacy Policy, constitute the sole and entire agreement between you and FOREVER PIPE RSA with respect to the Website and the purchase and sale of products offered on or through the Website, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
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Article 18 – Assignment
You may not assign any of your rights or delegate any of your obligations under these Terms and Conditions without our prior written consent. Any purported assignment or delegation in violation of this Article is null and void. No assignment or delegation relieves you of any of your obligations under these Terms and Conditions.
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Article 19 – Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by FOREVER PIPE RSA, its licensors or other providers of such material and are protected by South African and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
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Article 20 - Trademarks
The FOREVER PIPE RSA name, the FOREVERPIPE RSA logo and all related names, logos, product and service names, designs and slogans are trademarks of FOREVER PIPE RSA or its affiliates or licensors. You must not use such marks without the prior written permission of FOREVER PIPE RSA. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
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