TERMS AND CONDITIONS
General Provisions
By accessing this website (“site”) and/or making a purchase from us, you agree to be bound by the following terms and conditions (“Terms”), including any supplementary terms and policies referenced herein and/or explicitly included with any product offered for sale and/or accessible via hyperlink. These Terms apply to all site visitors, including but not limited to browsers, vendors and/or customers.
You should read these Terms carefully before using the site. By accessing or using any portion of the site, you acknowledge acceptance of these Terms.
If you disagree with any part of these Terms, please refrain from accessing the site or placing any orders. All products available for purchase are subject to the Terms set forth herein, which may be updated from time to time.
We reserve the right to:
- Temporarily or permanently modify or remove the site (or any part thereof) with or without notice, and you acknowledge that we shall not be liable to you or any third party for any such modification or removal; and/or
- Amend these Terms periodically, and your continued use of the site following such changes shall constitute your acceptance of the revised Terms. It is your responsibility to periodically review these Terms to stay informed of updates. If you do not agree with any amendments to the Terms, we respectfully request that you discontinue use of the site.
We will make reasonable efforts to maintain the site. The site is subject to periodic changes. You will not be eligible for compensation due to inability to use any part of the site or because of a failure, suspension, or withdrawal of all or part of the site due to circumstances beyond our control.
Customer Representations
By using the site, you represent and warrant that:
- you have reached the legal age of majority as defined by South African law; and
- you are not prohibited by any legal restriction from using the site and/or placing an order and/or purchasing any products offered on the site.
- you commit to providing all information required to register as a Five Tree customer (if required), to monitor and update your account information, including but not limited to your email address and payment details, to enable Five Tree to complete your transactions and contact you when necessary.
Electronic Communications
When you (“Customer”) visit fivetree.co.za or send emails to The Five Tree Company (hereinafter referred to as “Five Tree”), you consent to receive electronic communications from Five Tree and agree that all agreements, notices, disclosures, and other communications sent by Five Tree satisfy any legal requirements, including but not limited to, the requirement that such communications be “in writing.”
Limitations
No person, business, or website may link to any page on this site without prior written permission from Five Tree. No person, business, or website may employ any technology to search and extract information from this site without prior written permission from Five Tree. Permission may be requested by contacting office@fivetree.co.za.
Five Tree reserves the right to restrict the sale of products offered on its website to any individual (natural or legal person), geographic region, or specific Five Tree location. This right may be exercised on a case-by-case basis.
Five Tree reserves the right to limit the quantities of any products that it offers for sale.
Disclaimer
Neither Five Tree nor any of its representatives shall be held liable for any damage, loss, or liability of any nature arising from the use or inability to use this website or the services or content provided through this website. Furthermore, Five Tree makes no representations or warranties, implied or otherwise, that the content and technology available from this website are free from errors or omissions, or that the service will be completely uninterrupted and error-free.
This website has not been developed to meet any individual customer’s specific requirements. It is the customer’s sole responsibility to determine, prior to entering into an agreement with Five Tree, whether the service available through this website meets their individual requirements and is compatible with their hardware and/or software.
Information, ideas, and opinions expressed on this site should not be regarded as professional advice or the official position of Five Tree, and customers are encouraged to consult appropriate representatives for advice.
This website may contain information that is not current. Such historical information is provided for reference purposes only. You agree that it is your responsibility to monitor changes to our website and that your continued use of the website after any changes indicates your acceptance of such changes.
Five Tree makes every effort to display products on its website as accurately as possible. However, we cannot guarantee that the display of any colour or image on your device will be accurate.
Five Tree reserves the right to discontinue any product at any time.
Copyright Notice
Unless otherwise indicated, the contents of this site, including all text, graphics, icons, hyperlinks, designs, videos, and other visual material, and their selection, arrangement, and layout are the copyright of Five Tree, and all rights are reserved. Reproduction, downloading, or copying of any material from this site in any form will constitute copyright infringement and may result in civil and criminal penalties. All rights not expressly granted are reserved.
Disclaimer Notice
The content on this Five Tree website is proprietary to Five Tree and intended for general information and use only. In particular, the content does not constitute any form of legal or other advice, recommendation, or arrangement by Five Tree (including its divisions, affiliates, joint ventures, or departments) or its associated information providers, and is not intended to be relied upon by users in making (or refraining from making) any specific investment or other decisions. Appropriate expert advice should be obtained before making any such decision or using the information.
Pricing
The price of each product is displayed alongside the product. Value-added tax is included in the displayed price. Prices are subject to change without notice.
Inspection of Products
It is the customer’s responsibility to ensure that an authorized person is at the delivery address to inspect and sign for the products. We cannot accept liability for damages or errors if products have been installed or assembled, or if the customer has had the products in their possession for more than 7 (seven) days. Please retain the original packaging in case you need to return your purchases to Five Tree.
Purchase Agreements
Adding an item to a shopping cart without completing the checkout process does not:
- constitute a purchase agreement between Five Tree and the customer;
- entitle customers to hold Five Tree liable if such items are out of stock when the checkout process is completed later; and/or
- constitute an order for such an item.
Five Tree may remove such items from the shopping cart if they are unavailable.
A purchase agreement between Five Tree and the customer regarding any order placed by the customer will only be formed once Five Tree has confirmed acceptance of the order.
If specific terms and conditions are indicated as applicable to any product offered for sale, the purchase agreement for such product also includes and is subject to those specific terms and conditions.
Five Tree:
- Reserves the right to refuse to accept and/or fulfill an order if the customer fails to make timely payment in full.
- Will make reasonable efforts to maintain accurate prices. However, should an error occur and products are offered at incorrect prices, Five Tree will correct the price upon becoming aware of the error, after which the products will be subject to the corrected price.
Unintentional and Obvious Errors
While we make every effort to ensure the accuracy of information on the Five Tree website, unintentional and obvious errors may occur in pricing, product descriptions, images, or other relevant content. In such cases, Five Tree is not obligated to supply the affected product or service. This includes errors resulting from technical or system malfunctions. If an error is identified, we will make every effort to notify you. Should you choose to cancel the purchase, a full refund will be issued for any amount paid.
Product Availability
Stock of all products offered is limited. Five Tree will make reasonable efforts to remove product offerings once they are no longer available.
Five Tree shall not be liable if products are unavailable due to circumstances beyond Five Tree’s control.
Privacy
Five Tree will take reasonable measures to protect customers’ personal information.
Five Tree may electronically collect, store, and use the following personal information of customers:
- Name and surname
- Address
- Contact details
- IP address
- Email address
- Banking details
- Payment card information
All personal information collected is subject to relevant South African privacy legislation and shall be handled in accordance with such legislation and the Five Tree Privacy Policy, which can be accessed at https://www.fivetree.co.za/privacy.
Five Tree collects, stores, and uses the above information for the following purposes:
- To identify the customer when accessing the Five Tree website;
- Subject to the customer’s consent, inform the customer of details relating to their access and use of the Five Tree website;
- Subject to the customer’s consent, inform the customer about promotions and special offers provided by Five Tree;
- To verify the identity of the customer when transacting with Five Tree;
- To ensure that products are received by the intended recipient.
The information detailed above is provided voluntarily by the customer. Five Tree may collect, maintain, save, compile, and share any information collected from customers, subject to the following provisions:
- Five Tree may share personal information and/or use ‘cookies’ that track website preferences for targeted advertising on platforms like Facebook and Instagram. This includes, but is not limited to, the installation of a Meta Pixel and the use of cookies for services such as Google Analytics and Google Ads. These technologies enhance measurement services, improve user experience, and enable targeted advertising.
- Five Tree shall disclose information without the customer’s consent only through proper legal process; and
- Five Tree owns and retains all rights to the non-personal statistical information collected and compiled by Five Tree.
Errors, Inaccuracies, and Omissions
Information on our website may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. Five Tree reserves the right to correct any errors, inaccuracies, or omissions and update any inaccurate information at any time without prior notice.
Severability
If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms. Such severance shall not affect the validity and enforceability of any other remaining provisions.
Termination
All obligations and/or liabilities of the parties incurred prior to termination of any agreement concluded on the website subject to these Terms shall survive the termination of the agreement for all purposes.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to be bound by these Terms, by terminating your registration with Five Tree, or by ceasing to use the website.
Five Tree may, in its sole discretion, terminate this agreement at any time without notice if you have failed or are suspected of failing to comply with any term or provision of these Terms, and you will remain liable for all amounts due up to and including the date of termination.
Waiver, Entire Agreement, and Variation
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or rules included on this site or in relation to the Terms constitute the entire agreement and understanding between you and Five Tree and govern your use of the website. No undertaking, agreement, warranty, proposal, or any similar action shall have any force or effect unless specifically included herein.
Only Five Tree is permitted to modify these Terms. Such modifications shall only become effective once Five Tree has published the amended Terms on the website.
Governing Law and Jurisdiction
These Terms and any purchase agreements which may result from them shall be governed by and construed in accordance with the laws of South Africa.
South African courts shall have exclusive jurisdiction regarding any dispute that may arise from these Terms or any related purchase agreement.