Terms & Conditions

Introduction

This website (the “Website”), www.futurama.co.za is owned by Futurama Retail (Pty) Ltd. 
These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.
The Website enables you to shop online for an extensive range of goods including outdoor, home and garden, agricultural, electronics, pet supplies, toys, self-defence, and more (“Goods” or “Products”).
These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”).
By using the Website, by browsing or registering as a user or shopping on this Site, you:
Warrant that you have read and understood these Terms & Conditions as well as the policies displayed on this Site and;
Agree to be bound by these Terms & Conditions as well as the policies (collectively “the Agreement”).
If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Futurama to explain it to you before you accept the Terms and Conditions or continue using the Website.
Do not use this Website if you do not accept, and agree to be bound by, this Agreement.
These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Futurama in terms of the CPA.

Registration and use of the website

Only registered users may order Goods on the Website.
To register as a user, you must provide a unique email and password and provide certain information and personal details to Futurama. You will need to use your email and password to access the Website in order to purchase Goods.
You agree and warrant that your username and password shall:
be used for personal use only; and not be disclosed by you to any third party.
You agree that, once the correct email 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, save where the order is cancelled by you in accordance with these Terms and Conditions.
You agree to notify Futurama immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your email and password and to take steps to mitigate any resultant loss or harm.
By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the 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 Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
You agree that you will not in any way use any device, software or other instruments to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that 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.
You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Futurama representative.

Product availability & pricing

Due to the variety of products that we sell we do not keep stock of all items on our premises and sometimes send products directly from our suppliers. We rely on stock information from our systems and suppliers to indicate on the Website where a product is in stock or not.
Futurama will strive to provide you with accurate stock information, but sometimes our suppliers might provide us with the wrong information, or there might be an error on their systems, or ours. This could lead to us confirming stock availability, but when we process the order the stock might not be available. By agreeing to these Terms and Conditions, you acknowledge that stock of all Goods on offer is not guaranteed.
When Goods are no longer available after you have placed an order, or the supplier is out of stock at the time of placing an order, Futurama will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.
Futurama reserves the right to cancel any order in the event that the product ordered is not in stock by us or our suppliers.
All prices displayed on the Website are quoted in South African Rand (ZAR) and include 15% VAT. These prices are valid and effective only in the Republic of South Africa.
Futurama reserves the right, without prior notice, to discontinue or change pricing or specifications on Products and services offered without incurring any liability whatsoever. You acknowledge that pricing may change at any time without prior notice to you.

Errors

Whilst all reasonable efforts are taken by Futurama to provide the correct information on the website, in the event that we identify an inadvertent or obvious error in the price, product or service description, images and any other relevant content, Futurama is not obliged to provide you with the affected product or service.
Futurama will make every effort to contact you to alert you of the error. In such circumstances, you are entitled to cancel the purchase and we will provide a full refund for the amount paid.
We shall not be liable for any loss, claim or expense relating to a transaction based on any error.
Futurama shall not be bound by any incorrect information regarding our Goods displayed on any third party websites.
Whilst every effort has been made to display as accurately as possible the colours of the Products that appear on the Website, we cannot guarantee that colour of the products accurately reflect that of the real products.

Intellectual property & trademarks

The contents of the Website, including any materials, trademarks, logos, information, data, software, images, video, icons, text, graphics, sound clips, which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trademark law. The Website Content is the property of Futurama, alternatively, Futurama is the lawful user thereof.
All data and information communicated to or from the Futurama website and/or any Website information, as well as the database, is the sole property of Futurama.
Futurama grants you permission to view, electronically copy and print portions of the Website for the sole purpose of placing an order with Futurama for any of the Products.
Any use of materials on the Website other than for the purpose noted above including, without limitation, the unauthorised submission, removal, modification, dissemination, copying or distribution of copyrighted or other proprietary content, without the prior written consent of the Company and/or the lawful trademark and/or copyright owner (if applicable), is prohibited and constitutes an unlawful infringement of the intellectual property rights of the Company and/or such trademark or copyright owner.
Where any of the Website Content has been licensed to Futurama or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes and you agree to comply with such third party terms and conditions.

Payment

By submitting an order to buy Products you: Represent and warrant that you are over the age of 18, or are placing an order with the consent of a parent or guardian;
Represent and warrant that you are authorised to make payment with the Credit Card or Debit Card provided, if you are paying with a card;
Represent and warrant that you are authorised to make payment using the specified bank account, if you are paying via instant EFT.
Represent and warrant that there are sufficient funds available to pay for the order;
Consent to us providing your personal information to our third-party payment processor, which is necessary to enable us to perform our obligations in terms of this Agreement.
In order to protect our interests as well as yours, Futurama may scrutinize transactions to prevent attempted fraud. A transaction may be refused if Futurama is not satisfied that it is legitimate.
Payment may be made for Goods using the following methods, depending on their availability and/or your eligibility to use such a method:
Credit Card, Debit Card, Bank Deposit / Electronic Funds Transfer (EFT), Instant EFT; Futurebucks; Futurama Vouchers;
See our Payment Methods page for more details about how our payments work, including the time it takes to process orders based on the payment method used.
All credit card transactions are processed by our third-party payment processor, and are encrypted using appropriate encryption technology.

Links to third-party websites

Futurama provides links to external websites (“Third Party Websites”) in order to provide you with more information about the Goods we sell. You shall not interpret the provision of such hyperlinks as constituting any relationship between Futurama and any linked third party, nor as an endorsement by Futurama of such third party.
We cannot guarantee the security of any links to Third-Party Websites. These Terms and Conditions do not apply to those 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 therein.
No person, business or other website may link to any page on this website without the prior written permission of Futurama.

Confirmation of orders

On receipt of your order we will send you an email describing the products and services you have ordered. These communications confirm we have received your order, but do not represent any acceptance of your offer to purchase products or services from us. We are not legally obliged to provide the products and services to you during the offer process. The contract between you and Futurama will only be completed when we deliver the products to you. Any products or services on the same order which have not been dispatched/delivered to you do not form part of that contract.
As we process your order we will inform you if any products or services on your order turn out to be unavailable or delayed for any reason.

Delivery of goods

Futurama only uses couriers to deliver Goods to you. We do not use the South African Post Office or PostNet.
You may elect to have Goods collected at our physical store, if feasible. Goods ordered that are not in stock with us at our physical store will still have a delivery cost associated with it because these Goods need to be shipped from our suppliers to us outside of regular stock shipments.
Delivery charges are subject to change at any time, without prior notice to you.
Delivery fees are displayed on checkout and/or are displayed on product pages. Delivery is subject to our Standard Shipping Rates and Shipping Restrictions, Shipping Restrictions refer to product that do not qualify for the standard delivery fee and require a separate shipping quote before purchasing due to disproportionate height, weight, size or quantity of products.
Delivery dates are estimates only.
Futurama will deliver the Goods to you as soon as reasonably possible. We will notify you if we become aware of any delivery issues or are unable to deliver the Goods.
Futurama’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. Futurama is not responsible for any loss or unauthorised use of a product, after the product has been delivered to the physical address nominated by you.
For more information about delivery, please see our Delivery and Returns page.

Risk and ownership

Risk in the Goods shall pass to you upon delivery of the Goods at the delivery address chosen by you. Until payment is received in full for any Goods sold, ownership in the Goods shall remain with Futurama and such Goods shall be returned and/or surrendered to Futurama following receipt of a default notice from Futurama.

Agreement of sale

An agreement of sale in respect of a product between Futurama and you only comes into effect when payment has been made by you and received by Futurama, and the products have been delivered at your chosen address. This is regardless of any communication from Futurama stating that your order or payment has been confirmed.
Registered users may place orders for Goods, which Futurama may accept or reject. Whether or not Futurama accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment for the Goods.
Futurama will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
When Goods are no longer available after you have placed an order, or the supplier is out of stock at the time of placing an order, Futurama will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.
Orders placed for Special Order products, that may require a non-refundable deposit, will be refunded up to the deposit amount.
Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice.
After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy.
Any order for a television will be subject to the condition that we obtain from you your valid TV licence. If we do not receive your TV licence, or your TV licence number cannot be validated, you will not be able to complete your purchase.
Placing Goods in a wishlist or shopping cart without completing the purchase does not constitute an order for such Goods, and as such, Goods may be removed from the shopping cart if stock is no longer available or the price thereof might change without notice to you. You cannot hold Futurama liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase at a later stage.

Returns policy

Please read our Returns Policy on our Delivery and Returns page.

Warranties

Please read our Warranties Policy on our Delivery and Returns page.

Privacy policy

Please read our Privacy Policy on our Privacy Policy page.

Electronic communications

When you use the Website or send electronic communications to the website including, without limitation, e-mails or place orders for Goods, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with our Privacy Policy.

Gift vouchers & coupons

Futurama may from time to time make physical or electronic gift vouchers (“Gift Vouchers”) and promotional coupons or discounts (“Coupons”) available for use on the Website towards the purchase of Futurama Goods. Gift Vouchers and Coupons can only be redeemed while they are valid and their expiry dates cannot be extended. More specifically:
Gift Vouchers that are purchased by registered users are valid for 1 year after Sale. Gift Vouchers that Futurama gives away for free are valid for the period stated thereon. In each case, if your Voucher has not been used within that period, it will expire.
Gift Vouchers cannot be used to buy other Gift Vouchers or Coupons. They do not accrue interest and are not refundable for cash once purchased or otherwise obtained. If your Gift Voucher value is less than the amount required to cover the full order you wish to place, you may make up the difference by paying via one of our other payment methods.
Futurama is not responsible for any harm due to the loss, unauthorised use or distribution of a Coupon.
There are two types of Coupons; a Coupon with a fixed amount of a discount, e.g. R100 off (“Fixed Coupon“), and a Coupon with a percentage discount, e.g. 10% off (“Percentage Coupon“).
Coupons are issued in Futurama’s sole discretion and we are entitled at any time to correct, cancel or reject a Coupon for any reason (including without limitation where a Coupon has been distributed in an unauthorised manner). Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.
As a general rule, and unless specified otherwise on the specific Coupon itself:
each Coupon can only be used once;
only one Coupon can be used per order;
only one Coupon can be used on the Website per person per promotion/campaign;
Percentage Coupons may only be redeemed on purchases with a total cart value of less than R10,000;
where a Percentage Coupon has been used and you wish to cancel any items in the order prior to making payment, the entire order must be cancelled. You will be issued with a new Percentage Coupon and will need to place the order again, without the item that you wished to cancel;
a Coupon must be used at checkout, it cannot be used later on existing orders; and
the value of the Coupon will be set off against the value of your shopping cart and the balance remaining, if any, will be payable by you.
If for any reason a Coupon does not reflect on the final amount due from you at checkout, you can contact us to confirm if the Coupon is still valid. If Futurama confirms that the Coupon is still valid and you have already placed your order, you can choose whether to cancel the order and place it again with the Coupon, or you can use the Coupon on your next order within the limitations of the specific Coupon’s terms and conditions.
You may be required to submit the original communication containing the Coupon code, and any other information reasonably requested by Futurama, before you are able to use a Coupon.

Disclaimers and exclusions of liability

You expressly agree that the use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website. The Website and its contents are provided on an ‘as is’ and ‘as available’ basis and have not been compiled to meet individual requirements. It is your responsibility to satisfy yourself, prior to entering into this Agreement, that the service available from and through this Website meets your requirements, and is compatible with the hardware and/or software used by you.
Whilst Futurama takes reasonable measures to ensure that the content of the Website is accurate and complete, Futurama 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.
If any such representations or warranties are made by Futurama’s representatives, Futurama shall not be bound thereby.
Futurama 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.
Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself 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.
Any views or statements made or expressed on the Website are not necessarily the views of Futurama, its directors, employees and/or agents.
Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of Futurama. You should consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website.
In addition to the disclaimers contained elsewhere in these Terms and Conditions, Futurama 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 risk 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. Futurama thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Website.
Futurama cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website.
You are encouraged to contact us to report any possible malfunctions or errors on the website.
Futurama shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the Website or the content contained in the Website; or your inability to use the Website, and/or unlawful activity on the Website and/or any linked third party website. You hereby indemnify Futurama against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this website and/or any linked third party website.

Unlawful use

You will not use this Website to send or post any message or material that is unlawful, harassing, defamatory, abusive, threatening, obscene, sexually-orientated, racially offensive, profane or which violates any applicable law and you hereby indemnify the Company against any loss, liability, damage or expense of whatever nature which Futurama or any third party may suffer and which is caused by or attributable to, whether directly or indirectly, your use of the Website.

Collection of cookies

Please read our Privacy Policy page for more information on how we use Cookies.

Security

Futurama will endeavour to ensure that your personal information and/or payment details are protected as they travel over the Internet. Given the current state of Internet technology, however, there is no guaranteed secure transmission of data over the Internet. Therefore Futurama cannot guarantee the absolute security of any information you transmit to us or which Futurama transmits to you. You agree that Futurama shall be entitled, at all times, to take all reasonable steps to ensure the integrity and security of the Website, including associated applications.
The content contained on the Website may be used by you for your own personal shopping and information purposes only. In using the Website you warrant that you shall not infect it with any computer code (such as a virus) that may damage, interfere with, delay or intercept any data or information on the Website and you hereby indemnify Futurama for any damage caused by any act attributable to you. Any person that delivers or attempts to deliver any damaging code to this Website or attempts to gain unauthorised access to any page shall be prosecuted.

General

Futurama may, in its sole discretion, suspend or terminate the operation of the website at any time without prior notice to you and without the need to give you reasons for such termination or suspension.
If any provision of this Agreement is unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of the remaining terms.
This Agreement constitutes the whole agreement between the parties relating to the subject matter hereof.
No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
Any failure on the part of you or Futurama to enforce any right in terms hereof shall not constitute a waiver of that right.
No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “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.

Governing law and jurisdiction

The Website is registered and managed in the Republic of South Africa and this Agreement is accordingly governed by the laws of the Republic of South Africa.

Notices

The Company chooses its domicilium citandi et executandi for all purposes under this Agreement, whether in respect of court process, notice, or other documents at Top Floor, Flags at Circle 5 Building, Cnr Centenary Dr and Reese Rd, Somerset West, 7130 and marked for the attention of the CEO.

General information

For the purposes of the ECT Act, Futurama’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
Full name: Futurama Retail (Pty)Ltd (Pty) Ltd, a private company registered in South Africa with registration number 2011/114945/07
Main business: Online retailer
Physical address: Top Floor, Flags at Circle 5 Building, Cnr Centenary Dr and Reese Rd, Somerset West, 7130
Office bearers: Michael Upton, Schalk Kruger.
Phone number: +27 21 851 3284
Email address: [email protected]
PAIA: The manual published in terms of section 51 of the Promotion of Access to Information Act 2000 may be downloaded from our Privacy Policy page.

Changes to these terms and conditions

We may change the terms of this Agreement from time to time without notice to you. Any amendments will take effect immediately on posting of the amendments on the website. You shall be deemed to have accepted any changed terms should you continue to use the Website.

Last updated: 5 July 2021