Terms of service

1. Acceptance of Terms

2. Account Registration & Security

• Eligibility: You must be at least 18 years old or have parental consent to create an account and place orders.
• Accuracy: You agree to provide accurate, current, and complete information during registration and checkout.
• Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.
• Notifications: Please notify us immediately at [benson@fabasian.co.za] of any unauthorised use of your account.

3. Products, Pricing & Availability

• Product Descriptions: We strive to display our Asian food products, beverages, sauces, snacks, and pantry items as accurately as possible. However, we do not warrant that product descriptions, images, or information are error-free, complete, or current.
• Pricing: All prices are listed in South African Rand (ZAR) and include 15% VAT unless otherwise stated. Prices are subject to change without notice.
• Availability: Products are subject to availability. We reserve the right to limit quantities and discontinue items at any time. If an item you order is unavailable, we will contact you with alternatives or issue a refund.
• Typographical Errors: In the event of a pricing or description error, we reserve the right to cancel or suspend orders affected by such errors.

4. Orders & Payment

• Order Acceptance: Receipt of your order does not constitute acceptance. We reserve the right to refuse or cancel any order for reasons including product availability, pricing errors, or suspected fraud.
• Payment Methods: We accept major credit/debit cards, EFT, and other payment methods displayed at checkout. All payments are processed securely via Shopify Payments or approved third-party gateways.
• Order Confirmation: Upon successful payment, you will receive an order confirmation email. This confirms receipt of your order, not shipment.
• Cancellation: You may cancel your order before it has been dispatched by contacting us at [benson@fabasian.co.za]. Once dispatched, cancellations are subject to our [Returns & Refund Policy].

5. Shipping & Delivery

• Service Area: We currently ship exclusively within South Africa.
• Processing & Delivery: Orders are processed within 1–2 business days. Estimated delivery times are:
  • Major cities: 1–3 business days
  • Outlying areas: 3–5 business days
• Carrier: We use BobGo, which aggregates trusted South African couriers including The Courier Guy, Fastway, Dawn Wing, RAM, and others.
• Tracking: You will receive tracking information via email once your order dispatches.
• Risk of Loss: Title and risk of loss pass to you upon delivery to the courier. We are not liable for delays or loss caused by courier services beyond our reasonable control.
• For full details, please review our [Shipping Policy].

6. Returns, Refunds & Exchanges

• Non-Returnable Items: Opened food products, perishables, opened beverages, and items past their best-before date cannot be returned.
• Eligible Returns: Damaged goods, incorrect items sent, or unopened non-perishable items within 5 days of delivery.
• Process: Contact us at [benson@fabasian.co.za] with your order number and photographic proof (for damaged items).
• Refunds: Approved refunds are processed to the original payment method within 5–7 business days.
• For full details, please review our [Returns & Refund Policy].

7. Food Safety, Allergens & Product Use Disclaimer

• Allergen Information: Many of our products contain or may come into contact with common allergens including nuts, soy, wheat, dairy, shellfish, and sesame. It is your responsibility to read product labels and ingredient lists before consumption. We are not liable for allergic reactions or health issues arising from failure to review product information.
• Storage Instructions: Follow storage instructions on product packaging. We cannot guarantee product quality if items are stored incorrectly after delivery.
• Expiry Dates: We endeavour to send products with ample shelf life. However, expiry dates are set by manufacturers. Please check dates upon receipt and contact us immediately if you receive expired items.
• Intended Use: Products are sold for personal, non-commercial consumption. Resale or commercial use is prohibited without our written consent.
• Health Claims: Product descriptions are for informational purposes only and have not been evaluated by health authorities. Our products are not intended to diagnose, treat, cure, or prevent any disease.

8. Intellectual Property

• Ownership: All content on this site—including logos, product images, text, graphics, and software—is the property of [FAB Asian Food Tea & Beverage] or our licensors and is protected by South African and international copyright, trademark, and intellectual property laws.
• Limited Licence: You are granted a limited, non-exclusive, non-transferable licence to access and use the site for personal, non-commercial purposes.
• Prohibited Use: You may not reproduce, distribute, modify, create derivative works from, or commercially exploit any content from this site without our prior written permission.

9. User Conduct

• Use the site for any unlawful purpose or in violation of any local, national, or international law.
• Attempt to interfere with, compromise, or disable the site's security, functionality, or integrity.
• Use automated systems (bots, scrapers, spiders) to access the site or collect data without permission.
• Submit false, misleading, or defamatory content, reviews, or claims.
• Impersonate any person or entity or misrepresent your affiliation with us.

10. Limitation of Liability

• No Consequential Damages: We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or goodwill, arising from your use of the site or products.
• Maximum Liability: Our total liability to you for any claim arising from these Terms or your use of our products shall not exceed the amount you paid for the specific product giving rise to the claim.
• Exclusions: These limitations do not apply to liability for death or personal injury resulting from our negligence, fraud, or fraudulent misrepresentation, or any other liability that cannot be excluded under applicable law.

11. Indemnification

• Your breach of these Terms;
• Your use of the site or products;
• Your violation of any third-party rights, including intellectual property or privacy rights;
• Your failure to comply with food safety or allergen information provided.

12. Privacy & Data Protection (POPIA Compliance)

• Data Collection: We collect personal information necessary to process orders, communicate with you, and improve our services.
• POPIA Compliance: We handle your personal information in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA). Your data is used only for specified, legitimate purposes and is not shared with third parties except as required for order fulfilment (e.g., couriers) or as required by law.
• Your Rights: You have the right to access, correct, or request deletion of your personal data. Contact us at benson@fabasian.co.za to exercise these rights.
• Cookies: Our site uses cookies to enhance functionality and analytics. You may manage cookie preferences through your browser settings.
• For full details, please review our [Privacy Policy].

13. Third-Party Links

14. Governing Law & Dispute Resolution

• Governing Law: These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa.
• Jurisdiction: Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the courts of South Africa.
• Consumer Protection Act (CPA): Nothing in these Terms limits your rights under the Consumer Protection Act 68 of 2008 where applicable. However, certain exemptions apply to food products for health and safety reasons as outlined in our [Returns & Refund Policy].
• Alternative Dispute Resolution: We encourage resolving disputes amicably. Please contact us first at [benson@fabasian.co.za] before pursuing formal legal action.

15. Changes to These Terms

16. Contact Information

• Email: [benson@fabasian.co.za]
• Business Hours: Monday – Friday, 9:00 AM – 5:00 PM (SAST)