Terms & Conditions

These Terms and Conditions govern the use of the FRMD Activewear website, products, services, online store, social media platforms, and related communications.

By accessing, browsing, registering an account, placing an order, or otherwise using any FRMD platform, you agree to be bound by these Terms and Conditions, our Privacy Policy, Returns Policy, and any other policies published on our website.

If you do not agree to these Terms and Conditions, you should not use this website or place any orders through it.

FRMD Activewear ("FRMD", "we", "our", or "us") is an activewear and lifestyle brand operating from Pretoria East, Gauteng.

For enquiries, contact:

Email: info@frmd.co.za Website: www.frmd.co.za

By placing an order through the website, you represent and warrant that:

• You are at least 18 years old or have the consent of a parent or legal guardian;

• You are legally capable of entering into a binding agreement;

• All information supplied by you is accurate and complete.

FRMD reserves the right to refuse service or cancel transactions where false or misleading information has been provided.

FRMD makes every reasonable effort to ensure that product descriptions, specifications, sizing information, colours, images, and pricing displayed on the website are accurate.

However:

• Colours may vary depending on monitor and device settings;

• Minor variations in fabric, stitching, fit, sizing, or appearance may occur;

• Product photography is intended as a visual representation and may not perfectly reflect the final product received.

Such variations shall not constitute a defect.

All prices displayed are in South African Rand (ZAR).

Prices are subject to change without prior notice.

FRMD reserves the right to correct pricing errors, inaccuracies, or omissions at any time.

Where a pricing error is discovered after an order has been placed, FRMD may:

• Contact you to confirm the correct price; or

• Cancel the order and issue a full refund.

All prices displayed on the website include VAT where applicable unless otherwise stated.

Placing an item in your shopping cart does not reserve that item.

An order is only considered accepted once:

• Payment has been successfully received and verified; and

• A confirmation email has been issued by FRMD.

FRMD reserves the right to refuse, limit, or cancel any order, including but not limited to situations involving:

• Product unavailability;

• Pricing errors;

• Suspected fraud;

• Payment authorisation issues;

• Breach of these Terms and Conditions.

FRMD accepts payment methods made available through its approved payment service providers.

All payments are processed through secure third-party payment gateways.

FRMD does not store customers' full payment card details.

Orders may be delayed or cancelled where payment verification is required.

All products are offered subject to availability.

FRMD cannot guarantee the continued availability of any product, colour, size, collection, or limited-release item.

If an item becomes unavailable after an order has been placed, FRMD may:

• Offer an alternative product;

• Place the item on backorder where applicable; or

• Provide a refund.

FRMD delivers through approved courier partners.

Delivery estimates provided on the website are guidelines only and are not guaranteed delivery dates.

FRMD shall not be liable for delivery delays caused by:

• Courier disruptions;

• Weather conditions;

• Customs procedures;

• Public holidays;

• Labour disputes;

• Force majeure events;

• Circumstances outside FRMD's reasonable control.

Risk in the goods passes to the customer upon delivery at the nominated delivery address.

Customers are responsible for ensuring that delivery information is correct and complete.

International customers may be responsible for:

• Import duties;

• Customs charges;

• VAT;

• Taxes;

• Clearance fees.

Such charges are imposed by the destination country and remain the responsibility of the customer.

FRMD shall not be responsible for delays caused by customs authorities or border procedures.

Returns, exchanges, and refunds are governed by the FRMD Returns Policy, which forms part of these Terms and Conditions.

The Returns Policy should be read together with:

• The Consumer Protection Act, 2008;

• The Electronic Communications and Transactions Act, 2002;

• Applicable South African consumer legislation.

FRMD reserves the right to inspect returned products before approving a refund, exchange, repair, or replacement.

Customers are responsible for:

• Following garment care instructions;

• Using products as intended;

• Maintaining products according to provided guidelines.

Normal wear and tear, misuse, negligence, accidental damage, improper washing, alterations, or incorrect storage shall not be regarded as manufacturing defects.

All rights, title, and interest in and to the FRMD brand and website content remain the exclusive property of FRMD and its licensors.

This includes:

• Logos;

• Trademarks;

• Product designs;

• Graphics;

• Product imagery;

• Photographs;

• Videos;

• Website design;

• Written content;

• Marketing materials.

Nothing contained within the website grants any licence or right to use FRMD intellectual property without prior written consent.

Unauthorised use may result in legal action.

You agree not to:

• Use the website unlawfully;

• Attempt unauthorised access to systems or data;

• Upload malicious code or harmful software;

• Disrupt website functionality;

• Infringe intellectual property rights;

• Impersonate another individual or organisation;

• Submit false information.

FRMD reserves the right to suspend or terminate access where misuse is suspected.

FRMD may offer promotions, discounts, competitions, giveaways, loyalty programmes, early-access campaigns, ambassador programmes, referral initiatives, or other promotional activities.

Specific terms applicable to such promotions shall be published separately where relevant.

Unless otherwise stated:

• Promotions may not be combined;

• Promotions cannot be redeemed for cash;

• Promotional discounts cannot be applied retrospectively;

• FRMD reserves the right to modify or withdraw promotions without notice;

Promotional products remain subject to stock availability.

The website and all information made available through it are provided on an "as is" and "as available" basis.

FRMD makes no warranties, representations, or guarantees regarding:

• Website availability;

• Accuracy of website content;

• Continuous operation;

• Compatibility with devices or software;

• Error-free performance.

Use of the website is at your own risk.

To the fullest extent permitted by law:

FRMD shall not be liable for any indirect, incidental, consequential, punitive, or special damages arising from:

• Use of the website;

• Website interruptions;

• Product delays;

• Delivery issues;

• Loss of profits;

• Loss of business opportunities;

• Data loss;

• Third-party actions.

Where liability cannot legally be excluded, FRMD's maximum liability shall not exceed the amount paid by the customer for the affected product.

Nothing contained herein limits any consumer rights that may not lawfully be excluded under South African law.

You agree to indemnify and hold harmless FRMD, its owners, employees, contractors, affiliates, and service providers from any claims, losses, damages, liabilities, costs, or expenses arising from:

• Your misuse of the website;

• Your breach of these Terms;

• Violation of applicable laws;

• Infringement of third-party rights.

Your Personal Information will be processed in accordance with:

• The FRMD Privacy Policy;

• POPIA;

• Other applicable data protection legislation.

By using the website, you consent to such processing as described in the Privacy Policy.

FRMD shall not be liable for any failure or delay in performance arising from events beyond its reasonable control, including:

• Natural disasters;

• Floods;

• Fires;

• Pandemics;

• Government actions;

• Civil unrest;

• Internet outages;

• Power failures;

• Labour disruptions;

• Transport interruptions.

FRMD reserves the right to amend these Terms and Conditions at any time.

Updated versions will be published on the website and become effective immediately upon publication.

Continued use of the website constitutes acceptance of the amended Terms.

These Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.

Should any dispute arise between FRMD and a customer, the parties shall first attempt to resolve the dispute through good-faith discussions.

If a resolution cannot be reached, either party may refer the dispute to mediation or arbitration in South Africa in accordance with applicable legislation and recognised arbitration procedures.

If any provision of these Terms and Conditions is found to be unlawful, invalid, or unenforceable, the remaining provisions shall remain valid and enforceable to the fullest extent permitted by law.

These Terms and Conditions, together with the FRMD Privacy Policy, Returns Policy, Shipping Policy, and any published promotional terms, constitute the entire agreement between FRMD and the user regarding the use of the website and purchase of products.