TERMS AND CONDITIONS
1. Introduction
1.1. This website can be accessed at Fempreneurs.co.za related mobile – sites, and software applications, collectively referred to as “the Website” and is owned and operated by Fempreneurs (Pty) Ltd (“Fempreneurs”).
1.2. These Terms Conditions (“Terms”):
1.2.1. shall regulate the ordering, sale and delivery of goods from and use of the Website;
1.2.2. shall create a legal agreement between you and FEMPRENEURS; and
1.2.3. applies and shall be binding on every person that accesses or uses this Website which shall include but not be limited to persons who register himself/herself in the manner contemplated herein (“User” and/or “Users”).
1.3. For convenience and clarity, these Terms refer to Fempreneurs (Pty) Ltd as “Fempreneurs” or “we”, “us” or “our” and to you as “you” or “your”, as the context might indicate.
1.4. By making use of the Website (‘browsing’) and/or by clicking on the “Register Now” button on the Website, and registering as a User, you acknowledge, agree and confirm your intention to be bound by these Terms which are subject to our Terms of Use and Privacy Policy.
1.5. This Website enables Users to advertise, sell and/or shop for or purchase various goods as defined in section 1 of the CPA (“Goods”) as distributed through or by means of the Website by third-party vendors making use of the Website for this purchase (“Partners”).
1.6. Fempreneurs is a stand–alone marketplace for sellers and customers and accordingly not an agent, representative or partner of any person advertising, marketing, or selling Goods on or through the Website. Fempreneurs is not responsible for any interactions between sellers and customers, specifically relating to the delivery of Goods, payments, courier services and the like.
1.7. The act of accessing and using the Website constitutes your agreement to be bound by these Terms.
2. Notice in terms of the Consumer Protection Act, 68 of 2008 (“CPA”)
2.1. These Terms:
2.1.1. apply to users who are deemed to be “consumers” as defined in section 1 of the CPA;
2.1.2. contain provisions which –
2.1.2.1. may limit the risk or liability of Fempreneurs or its Partners;
2.1.2.2. may create risk or liability for the user;
2.1.2.3. requires the user to indemnify Fempreneurs or its Partners; and/or
2.1.2.4. serves as an acknowledgement, by the user, of a fact.
2.1.3. are specifically drawn to your attention because they are important and should be carefully noted.
2.2. If there is any provision in these Terms that you do not understand, it is your responsibility to ask Fempreneurs to explain it to you before you accept them to continue using the Website.
2.3. Nothing in these Terms and Conditions is intended or should be understood to unlawfully restrict, limit or avoid any right or obligation, created in terms of the CPA, for either party as the case may be.
3. Registration and use of the Website
3.1. You will be required to register as a user on the Website in order to order/purchase Goods on the Website. If you are not registered as a User, you will not be able to order/purchase Goods on the Website.
3.2. To register as a user, you must complete the ‘User Registration’ process on the Website and will be required to provide a unique username and password and provide certain information and personal details to FEMPRENEURS. You will need to use your unique username and password each time you wish to access the Website to purchase Goods.
3.3. You warrant and agree that:
3.3.1. your username and password shall –
3.3.1.1. be used for personal use only;
3.3.1.2. not be disclosed by you to any third party;
3.3.2. you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of this Website;
3.3.3. 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 authorised Fempreneurs representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website);
3.3.4. you may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful;
3.3.5. you may not in any way display, publish, copy, print, post or otherwise use this Website and/or the information contained therein without the express prior written consent of an authorised Fempreneurs representative; and
3.3.6. Fempreneurs is a facilitator providing an online platform for buyers and sellers and is not a seller of Goods and you shall have no claim against Fempreneurs flowing from any transaction or Goods purchased via the Website.
3.4. For security purposes you will be required to enter the correct username and password whenever ordering Goods, failing which you will not be able to order/purchase Goods on the Website.
3.5. You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, except where the order is cancelled in accordance with these Terms.
3.6. You agree to notify Fempreneurs immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
3.7. By using the Website you warrant that you are at least 18 years of age and legally entitled to conclude a legal agreement.
3.8. If you are under the age of 18 or otherwise would be required to have a parent or guardian’s consent to conclude any legal agreement, or are not legally permitted to conclude a binding agreement, you may use this 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 to be liable and responsible for you and all your obligations under these Terms.
4. Sales
4.1. User orders for Goods may (in their sole discretion) be accepted or rejected by the Partners.
4.2. Whether or not the relevant Partner accepts an order may depend on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by Fempreneurs for the Goods.
4.3. Acceptance of your order will be communicated by Fempreneurs or the Partner by the provision of an order confirmation email or receipt and/or by delivering the Goods to you or allowing you to collect them.
4.4. Only upon delivery or collection of the Goods, will an agreement of sale between you and Fempreneurs or the User come into effect (the “Sale”). This is regardless of any communication from Fempreneurs regarding the confirmation of your order or payment.
4.5. Fempreneurs or the Partner will communicate the rejection of your order by cancelling the order and, as soon as possible thereafter, refunding you for any amount already paid.
4.6. Prior to delivery or your collection of the Goods, you may cancel an order at any time provided in accordance with our Cancellation Policy.
4.7. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy.
4.8. Placing Goods in a ‘wish list’ or shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Fempreneurs reserves the right to remove Goods from the shopping basket if stock is no longer available or to change the price thereof without notice to you and you agree that you cannot hold Fempreneurs or the Partner liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle.
4.9. You acknowledge that the stock of Goods available is limited and that associated pricing, which is influenced by various factors, may change from time to time without notice. Fempreneurs will take all reasonable efforts to monitor Partner stock levels in order to discontinue offers where stock is no longer available. Fempreneurs confirms that the availability of stock and therefore the accuracy and timeliness of the withdrawal of offers are subject to advice received from the Partners and therefore such accuracy and timeliness cannot be guaranteed. When Goods are no longer available after you have placed an order, we will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.
4.10. Fempreneurs relies on inventory information supplied by the Partners and accordingly bears no liability for any inaccuracies in the information supplied to it. Consequently, any dispute regarding Goods ordered which are in fact ‘sold–out’, should be resolved between you and the Partner, your respective rights and obligations being as set out in these Terms.
4.11. You acknowledge and agree that certain Goods may not be purchased for resale and that, should we suspect that any such Goods are being purchased for resale, we are entitled to cancel your order immediately on notice to you.
5. Payment
5.1. Fempreneurs is committed to providing a secure online platform which includes secure online payment facilities. All transactions are therefore encrypted using appropriate encryption technology.
5.2. Payment may be made for Goods via the following methods (depending on its availability and/or your eligibility to use such a method):
5.2.1. Credit/Debit card –
5.2.1.1. Where payment is made by credit/debit card, we may require additional information in order to authorise and/or verify the validity of payment.
5.2.1.2. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts.
5.2.1.3. If we do not receive authorisation your order for the Goods will be cancelled.
5.2.1.4. You warrant that:
5.2.1.4.1 you are fully authorised to use the credit/debit card supplied for purposes of paying the Goods; and
5.2.1.4.2. your credit/debit card has sufficient available funds/credit to cover all the costs incurred as a result of the services used on the Website;
5.2.2. Instant EFT;
5.2.3. Scan to Pay (QR Code);
5.2.4. Payflex
5.3. You may contact us at [email protected] to obtain a full record of your payment history.
5.4. Once a payment method (other than cash on delivery or direct bank deposit) has been selected, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
6. Delivery of goods
6.1. Fempreneurs offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:
6.1.1. courier; or
6.1.2. self-collection.
6.2. Our delivery charges may change from time to time, without prior notice to you. It is your responsibility to ensure that you are up to date or have inquired about our most recent delivery cost information. Applicable delivery charges will appear in your cart when you proceed to check out.
6.3. When your order has been accepted, your Goods will be delivered to you as soon as reasonably possible, but no later than 30 (Thirty) days of receipt of your payment (“Delivery Period”).
6.4. We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (Seven) days of receiving such notification elect whether to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.
6.5. Fempreneurs’s obligation to deliver the Goods is fulfilled when we deliver the product to the physical address nominated by you for delivery.
6.6. Fempreneurs shall not be responsible for any loss or unauthorised use of the Goods after delivery thereof.
7. Errors
7.1. Fempreneurs shall not be liable for any errors or any loss, claim or expense relating to a transaction based on any error of any nature on the Website (other than errors caused as a result of gross negligence) including but not limited to errors in relation to the description, availability, purchase price and delivery charges of Goods on the Website.
7.2. Errors in relation to incorrect purchase prices in which cases where you already made payment will be dealt with as set out in the Returns Policy and you shall be refunded any amount already paid. FEMPRENEURS, in addition to its common–law rights in terms of the iustus error doctrine, specifically reserves the right to cancel any order or contract concluded in relation to such order up to the point of delivery or collection date.
7.3. Fempreneurs does not provide the Goods and accordingly shall not be liable for or bound by any incorrect information regarding any of the Goods.
8. Third Party Sellers
8.1. The Website provides the Platform which facilitates transactions between the Partners and Users and Fempreneurs specifically confirms that it is not the seller of the Goods available for sale on the Website.
8.2. Fempreneurs is not a party to the sale transaction concluded between any Partner and User facilitated either through the Platform or directly between any Partner and User which transaction is always an agreement between the Partner and the User.
8.3. In the event that a User transacts directly with a Partner, Fempreneurs will be indemnified from any damages, loss or injury sustained by either the Partner of the User flowing from such transaction between them.
8.4. The Partner shall be solely responsible for fulfilment of the transaction, delivery of the Goods, and providing an invoice to the User, if requested.
8.5. Only Partners who are registered VAT (Value-Added Tax) vendors may charge VAT on Goods and issue a tax invoice in respect of such sale. Partners who are not registered VAT Vendors may not charge VAT on Goods or issue a tax invoice in respect thereof.
8.6. Fempreneurs has structured its own Returns Policy and will handle any returns in terms of the CPA or the Electronic Communications and Transactions Act 2002 (“ECT Act”), by the User arising out of or in connection with a sale between a User and a Partner, provided that, if such a claim becomes a dispute, such dispute must be resolved between the User and the Partner directly.
9. Privacy policy
We respect your privacy and will take all reasonable measures to protect it, as more fully detailed in the Fempreneurs Privacy Policy which is incorporated by reference.
10. Changes to these Terms and Conditions
10.1. Fempreneurs may, in its sole discretion, change any of these Terms at any time. It is your responsibility to regularly check these Terms 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.
10.2. 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 have been displayed, you will be deemed to have accepted such changes.
11. Electronic communications
When you visit the Website or send emails to us, you consent to receive communications from us or any of our divisions, affiliates or partners electronically in accordance with our Privacy Policy.
12. Ownership and copyright
12.1. The content of the Website, including any material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trademarks, 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 trademark law.
12.2. The Website Content is the property of Fempreneurs, its advertisers and/or sponsors and/or is licensed to Fempreneurs to use in accordance with the terms of such licence agreements.
12.3. By making use of the Website, you acknowledge and agree that:
12.3.1. you will not acquire any right, title or interest in or to the Website or the Website Content;
12.3.2. any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms or otherwise provided for in law; and
12.3.3. where any of the Website Content has been licensed to Fempreneurs or belongs to any third party, your rights of use thereof will 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.
13. Disclaimer
13.1. The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from the use of the Website or reliance on any information on the Website and Fempreneurs 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.
13.2. Whilst Fempreneurs takes reasonable measures to ensure that the content of the Website is accurate and complete, Fempreneurs 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. Fempreneurs shall not be bound by any representations or warranties made by its representatives if not recorded in these Terms.
13.3. Although Goods sold via the Website may, under certain circumstances, be under warranty, the Website does not provide any warranty 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.
13.4. Any views or statements made or expressed on the Website are not necessarily the views of Fempreneurs, its directors, employees and/or agents.
13.5. Any Goods offered for sale or any representations made by any Partner, advertiser or seller of Goods on the Website shall not be binding upon Fempreneurs who make no representations and offer no guarantee in terms thereof and shall not be liable for any direct, indirect, incidental, special or consequential loss or damage arising from any transaction between a User and Partner conducted on, via or through the Website.
13.6. In addition to the disclaimers contained elsewhere in these Terms and Conditions, Fempreneurs 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, jeopardise 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 risks associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, 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 our gross negligence or wilful misconduct, or the gross negligence or wilful misconduct of our agents or authorised representatives. Fempreneurs therefore disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website and, by accessing the Website, you waive any claim you may have for such damage, loss or liability against FEMPRENEURS.
13.7. The advertising of Goods on the Website is facilitated by the Partner and Fempreneurs is not responsible for any advertising material or images associated with such Goods. As such, Fempreneurs provides no guarantee that the Goods as advertised are what they appear and any disputes in this regard should be directed to the relevant Partner.
14. Linking to third-party websites
14.1. This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms do not apply to those Third Party Websites and Fempreneurs is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.
14.2. Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
14.3. The links to Third Party Websites should not be regarded as any confirmation or suggestion that the use of such sites is safe or that such use holds no risk to you.
15. Limitation of liability
15.1. Fempreneurs shall not be liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, except if caused because of our gross negligence or wilful misconduct.
15.2. Any malfunctions, errors or faults should be reported to [email protected]
15.3. Fempreneurs shall not be liable for any direct, indirect, incidental, special or consequential loss or damage arising from your use of, or reliance upon, the Website or the content therein and/or your inability, for whatever reason, to use or access the Website, and/or any unlawful activity on or conducted through the Website or linked to a Third-Party Website.
15.4. By making use of the Website, you accordingly accept these Terms and indemnify Fempreneurs against any loss, claim or damage which may be suffered by you or any third party arising from your use of this Website or any linked Third-Party Website and any claim you may have against Fempreneurs shall be deemed to have been waived.
15.5. Fempreneurs is not a seller of Goods or provider of services and operates as a platform to connect sellers and customers and accordingly, Fempreneurs shall have no liability from any interaction, loss or damage flowing from any interaction or transaction between parties who access and make use of the platform.
16. Availability and termination
16.1. We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods. We reserve the right to discontinue providing the Website or any part thereof with or without notice to you.
16.2. Fempreneurs may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Fempreneurs 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.
16.3. If you fail to comply with your obligations under these Terms, 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.
16.4. Fempreneurs is entitled, for purposes of preventing suspected fraud and/or where we suspect that you are abusing the Website and/or have created multiple user profiles to take advantage of any aspect of 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 FEMPRENEURS, in whole or in part, on notice to you.
16.5. Fempreneurs shall only be liable to refund monies already paid by you in accordance with its Returns Policy and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
17. Governing law and jurisdiction
17.1. These Terms and our relationship and/or any dispute arising from or in connection with these Terms 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.
17.2. In the event of any dispute arising between you and FEMPRENEURS, you hereby consent to the non–exclusive jurisdiction of the High Court of the Republic of South Africa (KwaZulu–Natal Division, Durban) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
17.3. Nothing in these Terms limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
18. Notices
18.1. Fempreneurs hereby selects 5 Lake Marion, Palm Lakes Estate, Tinley Manor, KwaZulu-Natal, as its address for the service of all formal notices and legal processes in connection with these Terms (“legal address”). Fempreneurs may change this address from time to time by updating these Terms and Conditions.
18.2. 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 not less than 7 days’ notice in writing to FEMPRENEURS.
18.3. Notices must be sent either by email and must be in English.
18.4. All notices sent by email will be deemed to have been received on the date indicated in the “Read Receipt” notification if a “Read Receipt” function is used. We recommend that this function be used to serve as proof of emails received.
18.5. Any notice to a Party sent, email without a “Read Receipt”:
18.5.1. shall, if sent during normal business hours, to the receiving Party’s chosen email address, be deemed to have been delivered 2 (Two) hours after the time of the correct transmission thereof (as recorded on the device from which the sender sent the email), unless the sender receives an automated message that the email has not been delivered; or
18.5.2. shall, if the email is sent after 5 pm, be deemed to be received at 8 am the following day.
19. Complaints
19.1. Our services provided via our Website constitute ‘Services’ and Fempreneurs is a ‘Supplier’ as defined in section 1 of the CPA. The Consumer Goods and Services Industry Code (“the Code”) applies to Fempreneurs, who are bound by it.
19.2. An electronic copy of the Code is available online. If you have a complaint about the goods or services provided by us or require information regarding our internal complaints–handling process, please contact us at [email protected].
19.3. 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.
19.3.1. The CGSO’s contact details are available at Contact Us – CGSO
19.3.2. The CGSO’s complaints process is available at The Process – CGSO and a complaint can be lodged at Before We Begin – A few Important Questions – CGSO
20. General
20.1. Fempreneurs 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.
20.2. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms to any third party.
20.3. Any failure on the part of you or Fempreneurs to enforce any right in terms hereof shall not constitute a waiver of that right.
20.4. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
20.5. No variation, addition, deletion, or agreed cancellation of these Terms will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
20.6. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (“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.
20.7. These Terms and Conditions contain the whole agreement between you and Fempreneurs and no other warranty or undertaking is valid, unless contained in this document between the parties.
20.8. This Agreement constitutes the entire and sole agreement between you and us relating to the Services and supersedes and replaces all prior commitments, undertakings or representations, whether written or oral, between you and us in respect of the subject matter hereof.