Terms of Service

These Terms of Service govern your use of the Fernwellpets website and any purchases made through our store.

Fernwellpets is operated by Damian Smit as a sole proprietor in South Africa.

By visiting our website, placing an order, or otherwise using our services, you agree to these Terms of Service together with our Privacy Policy, Shipping Policy, Refund Policy, and any other applicable store policies.

Online Store Terms

By using this website, you confirm that you are legally capable of entering into a purchase transaction or that you are using the website with the involvement and permission of a parent or legal guardian where required.

You may not use our products or services for any unlawful purpose.

You may also not use the website in a way that could damage, disrupt, interfere with, or gain unauthorised access to our systems or services.

Products and Availability

All products are subject to availability.

We make reasonable efforts to ensure product descriptions, images, specifications, pricing, and other information are accurate.

Minor differences in packaging, colour, presentation, or manufacturer details may occur where these do not materially change the product supplied.

We may update, replace, discontinue, or remove products where reasonably necessary.

Some products may only be available in selected countries or markets.

Pricing

Prices may change from time to time without prior notice.

The price shown and accepted at checkout at the time your order is placed will normally apply to that order.

If an obvious pricing, technical, or listing error occurs, we reserve the right to correct the error and, where necessary, cancel the affected order and issue a refund.

Orders

Submitting an order does not always mean that the order has been finally accepted.

We may refuse or cancel an order where reasonably necessary, including where:

A product is unavailable
Payment cannot be confirmed
There is an obvious pricing or listing error
Fraud or unauthorised activity is suspected
Customer information is materially incorrect or incomplete
We are unable to fulfil or deliver the order to the selected destination

If we cancel an order after payment has already been received, the applicable amount will be refunded.

Payment

Payment must be completed using one of the payment methods available at checkout.

You agree to provide current, complete, and accurate billing and payment information.

Payments may be processed by Shopify and/or approved third-party payment providers.

We do not ordinarily store full payment card details ourselves.

Shipping and Delivery

Fernwellpets currently ships to supported markets shown on our store and at checkout.

For deliveries within South Africa, a flat delivery charge of R175 per order applies.

There is currently no automatic free-shipping threshold for South African orders.

Eligible orders to the United States and Canada currently receive free shipping.

Shipping availability may vary by product.

Delivery times are estimates unless expressly confirmed otherwise and may be affected by courier delays, customs processing, weather, public holidays, supplier delays, or other circumstances outside our reasonable control.

Please refer to our Shipping Policy for full delivery information.

Third-Party Suppliers and Fulfilment

Fernwellpets works with third-party suppliers, fulfilment partners, couriers, and service providers.

Your order may therefore be fulfilled or dispatched by a third party on our behalf.

Where an order contains products from different fulfilment locations, items may arrive separately.

We remain responsible for dealing with customer enquiries and order issues in accordance with our policies and applicable law.

Returns and Refunds

Returns and refunds are handled in accordance with our Refund Policy and applicable consumer protection laws.

Our voluntary return policy does not remove any statutory consumer rights that cannot lawfully be excluded.

Please refer to our Refund Policy for full details.

Customer Information

You are responsible for providing accurate and complete information when placing an order.

This includes:

Your name
Delivery address
Billing information
Contact number
Email address
Any other information reasonably required to complete the order

Fernwellpets cannot be responsible for delays, failed deliveries, or other issues caused by incorrect or incomplete information supplied by the customer, except where applicable law provides otherwise.

If you notice an error after placing an order, contact us as soon as possible.

We will do our best to assist, but changes may not be possible once fulfilment has started.

Accuracy of Website Information

We make reasonable efforts to keep information on the website accurate and current.

However, website content may occasionally contain errors, omissions, or outdated information.

We reserve the right to correct inaccuracies, update information, or make changes where reasonably necessary.

Third-Party Services

We may use third-party services for:

Website hosting
Ecommerce functionality
Payment processing
Order fulfilment
Shipping
Analytics
Marketing
Customer support
Other business operations

Your use of certain third-party services may also be subject to the terms and privacy policies of those providers.

Third-Party Links

Our website may contain links to third-party websites.

We do not control these websites and are not responsible for their content, security, availability, privacy practices, or services.

Accessing a third-party website is done at your own discretion.

Intellectual Property

Unless otherwise stated, Fernwellpets branding, written content, original graphics, website design elements, and other original materials on this website belong to Fernwellpets or are used with permission.

You may not copy, reproduce, distribute, modify, publish, or use our original materials commercially without permission.

Third-party trademarks, product photographs, product names, and other materials remain the property of their respective owners where applicable.

Prohibited Use

You may not use the website or our services to:

Violate applicable laws
Commit or facilitate fraud
Transmit malicious software
Attempt to gain unauthorised access to systems or accounts
Interfere with website security or operation
Collect information about other users without lawful authority
Misrepresent your identity
Abuse, harass, threaten, or unlawfully harm others
Use automated systems in a way that places unreasonable strain on the website

We may restrict access to the website or cancel an order where there is reasonable evidence of unlawful, abusive, or fraudulent activity.

Limitation of Liability

To the extent permitted by applicable law, Fernwellpets will not be liable for indirect, incidental, special, or consequential losses arising from circumstances outside our reasonable control.

This may include delays caused by third-party couriers, service interruptions, customs processes, or other external events.

Nothing in these Terms excludes or limits liability where doing so would be unlawful.

Nothing in these Terms removes any consumer rights that cannot legally be excluded.

Indemnification

To the extent permitted by law, you agree to be responsible for losses, claims, or expenses arising from your unlawful use of the website, violation of these Terms, or infringement of the rights of another person.

This clause does not apply where liability cannot lawfully be imposed on you.

Privacy

Personal information is handled in accordance with our Privacy Policy and applicable privacy laws.

Our website is powered by Shopify, and certain personal information may be processed by Shopify and other service providers involved in operating the store.

Governing Law

These Terms are governed by the laws applicable in South Africa.

Where mandatory consumer protection laws in another jurisdiction apply to a customer, nothing in these Terms is intended to remove rights that cannot lawfully be excluded.

Severability

If any part of these Terms is found to be unlawful, invalid, or unenforceable, that part will be treated separately to the extent necessary.

The remainder of the Terms will continue to apply.

Changes to These Terms

We may update these Terms from time to time to reflect changes to our business, services, technology, or legal requirements.

The latest version published on the website will apply from the date it becomes effective.

Changes will not remove rights already available to customers under applicable law.

Contact Information

If you have any questions about these Terms of Service, please contact:

Fernwellpets
Operator: Damian Smit, sole proprietor
Email: damiansmit@fernwellpets.com
Phone: 083 305 5119
Address: 19 Porterville Crescent, Cape Town, Western Cape, 7500, South Africa