These are the terms and conditions subject to which we sell any of our Products to you. By using any Product, you agree to be bound by them. You may not use Our Website if you are under the age of 18 years.

We are FeatherBright Outsourcing, a company registered in South Africa, number 2016/513987/07. Our address is PO Box 1832 Honeydew 2040

You are: Anyone who buys a Product from us.

It is now agreed as follows:

Definitions

In this agreement, the following words shall have the following meanings, unless the context requires otherwise:

Interpretation

In this agreement the following terms apply unless the context otherwise requires:

• all Restrictions on Use whether expressly included or not shall be deemed to be part of this agreement. It doesn’t matter how or when communicated to you.
• a reference to a person includes a human individual, a corporate entity and any organisation which is managed or controlled as a unit.
• a reference to a person includes reference to that person’s successors, legal representatives, permitted assigns and any person to whom rights and obligations are transferred or pass as a result of a merger, division, reconstruction or other re-organisation involving that person.
• in the context of permission, “may not” in connection with an action of yours, means “must not”.
• the headings to the paragraphs and schedules (if any) to this agreement are inserted for convenience only and do not affect the interpretation.
• any agreement by any party not to do or omit to do something includes an obligation not to allow some other person to do or omit to do that same thing;
• a reference to an act or regulation includes new law of substantially the same intent as the act or regulation referred to.
• all money sums mentioned in this agreement are calculated net of VAT, which will be charged when payment is due.
• these terms and conditions apply to all supplies of Products by us. They prevail over any terms proposed by you.
• this agreement is made only in the English language. If there is any conflict in meaning between the English language version of this agreement and any version or translation of this agreement in any other language, the English language version shall prevail.

The Licence

• You confirm that you have authority to enter into this agreement
• In entering into this contract you have not relied on any representation or information from any source except that on Our Website.
• We do not offer the Products in all countries. We may refuse a product if you live in a country we do not serve.
• If any information you give us is inaccurate, your contract is automatically terminated and no refund of money will be due to you.
• Each Product is marked on Our Website as to whether the price is fixed or must be provided by us direct to you depending on information you give us via Our Website.
• Subject to the terms of this agreement, we grant you the use to our Product.
• This product is limited by the Restrictions on Use and by the choices you have made which relate to time, extent, numbers, type of usage, and other matters, at the time of purchase of your product. You agree to comply with all Restrictions on Use.

Limitations and permissions on Licences

• You must not sub-sell our sellable Product.
• You may not represent or give the impression that you are the owner or originator of any Product.
• Every publication or appearance of our Product on the website must be protected as far as the law allows by separate, specific or general provisions against copying or publishing. We allow you to use the definition of “Copy or Publish” used in this agreement.
• You may not use our Product:
  • except for the use specified at the time of purchase;
  • in a context which is pornographic;
  • containing a human model in any way which might degrade that person in the eyes of a reasonable viewer;
  • in part or as a whole, as a logo or otherwise to incorporate it in any intellectual property of yours;

The price

• The prices payable for the Products are clearly set out on Our Website, or otherwise quoted based on brief received.
• The price charged for any Product may differ from one country to another. You may not be entitled to the lowest price unless you reside in the qualifying country.
• Prices are inclusive of any applicable value added tax or other sales tax.

Third Party Owners and additional restrictions

• Some Products offered on Our Website are owned by Third Party Owners and not by us. Where that is indicated, the following additional provisions apply:
• the price of the product includes a sum payable by us to the Third Party Owner;
• you have no obligation to make payment to the Third Party Owner;
• we are the agent of the Third Party Owner and accept all obligations and liability to you in connection with the Product;
• you remain liable to the Third Party Owner, through us, for compliance with this agreement;
• in any event when you may be liable to the Third Party Owner for breach of this agreement, you will indemnify us for all cost and liability arising from our relationship with the Third Party Owner, our acting as his agent, or your buying a Product owned by him.

Release of third party rights

• In some jurisdictions you may not use a human image without the consent of that person. That may apply to any person or only to a model. The permission is generally known as a “release”. You alone are responsible for obtaining any necessary release and for paying any fees due.
• Our Products are marked on Our Website with a notation as to whether a release may be necessary. If not marked, you may take it that the Product in question has [not] been released.
• In any event, we give no warranty that any Product may be used without the permission or release of some person. You should exercise caution with regard to a Product containing a human person, trade mark, logo or work of art or architecture.
• We are not liable to you in tort, contract or other law, for any act or omission of a Third Party Owner.
• Subject to the specific rights mentioned in this paragraph, we warrant that:
  • we have used our reasonable efforts to identify any person who may claim a right in a Product and have obtained any necessary release;
  • we have used our reasonable efforts to obtain an indemnity on your behalf from the Third Party Owner for expense and liability incurred by you as a result of his failure to obtain the release of those third party rights.
• If we tell you that some person has claimed that we and you are infringing his right by your use of a Product, we may require you to:
  • stop using the Product;
  • Remove from your possession and control, every copy of the Product;
  • ensure that every other copy of the Product which you have passed to any other party is also deleted or destroyed.
• In the event of any such circumstances as those in the last previous sub paragraph, we will provide an alternative Product free of charge but otherwise on the same terms as set out in this agreement.

Order cancellation and returns

• This paragraph applies if Product is to be delivered to you in a hard medium such as a banner:
• Details of our after-sales service and guarantees, if any, are given on Our Website / in our catalogue.
• The option to cancel your order is not available if the Products are made or altered to your specification.
• This paragraph does not affect your rights in the event that the Products are faulty.
• You have no right to cancel a Product which has been delivered to you in soft copy, for example as an email attachment or by download to your computer

Defects

• These provisions apply in the event that you return any Product to us for any reason:
• you should examine each Product on receipt to check for possible defects and to satisfy yourself that it complies with your order, is of merchantable quality and in safe, clean and usable condition;
• if you do not tell us of any defect or problem within 7 days of receipt of the Product, we shall assume that you have accepted it;
• Before you return a Product to us, please carefully re-read the instructions and check that you have assembled it correctly and complied with any provisions relating to the product
• The Products must be returned to us as soon as any defect is discovered and we must be notified via email within the first 7 days.
• So far as possible, a Product should be returned:
  • in its original condition;
  • securely wrapped;
  • including our delivery slip;
  • at your risk and cost.
• You must tell us by email message to info@featherbright.co.za that you would like to return any Product, specifying exactly which Product and when purchased, and giving full details of the defect or other reason for return. We will then issue a returns note. If you send Product to us without a returns note, we may not be able to identify sufficient details to enable us to attend to your complaint.
• In returning a faulty Product please encloses with it a note clearly stating the fault and when it arises or arose.
• If any defect is found, we will contact our third party suppliers and advise you of a way forward.

Security of your credit card

• We take care to make Our Website safe for you to use.
• Card payments are not processed through pages controlled by us. We use one or more online payment service providers who will encrypt your card or bank account details in a secure environment.

Disclaimers and limitation of liability

• The law differs from one country to another. This paragraph applies so far as the applicable law allows.
• All implied conditions, warranties and terms are excluded from this agreement. If in any jurisdiction an implied condition, warrant or term cannot be excluded, then this sub paragraph shall be deemed to be reduced in effect, only to the extent necessary to release that specific condition, warranty or term.
• We make no representation or warranty that the Product will be:
  • useful to you;
  • of satisfactory quality;
  • fit for a particular purpose;
  • available or accessible, without interruption, or without error.
• We claim no expert knowledge in any subject. We disclaim any obligation or liability to you arising directly or indirectly from information you take from Our Website.
• You agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us in the immediately preceding 12 month period for the Products concerned.
• We shall not be liable to you for any loss or expense which is:
  • indirect or consequential loss; or
  • economic loss or other loss of turnover, profits, business or goodwill even if such loss was reasonably foreseeable or we knew you might incur it.
• This paragraph (and any other paragraph which excludes or restricts our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies as well as to us.
• If you become aware of any breach of any term of this agreement by any person, please tell us by email communication. We welcome your input but do not guarantee to agree with your judgement.

You indemnify us

• You agree to indemnify us against all costs, claims and expense arising directly or indirectly from:
• your failure to comply with the law of any country;
• your breach of this agreement;
• any act, neglect or default by any agent, employee, licensee or customer of yours;
• a contractual claim arising from your use of the Products;
• a breach of the intellectual property rights of any person.

Copyright and other Intellectual Property

• You agree that at all times you will:
  • not to cause or permit anything which may damage or endanger our title to any Product or other Intellectual Property or the title of any Third Party Owner whose work has been made available to us as a Product;
  • notify us of any suspected infringement of the Intellectual Property.
• If you use a Product in a way not allowed by this agreement we may take legal action anywhere in the World. If loss to us or any other person results from your wrongful action, you will be liable to pay.

Assignment

• Neither party may assign, delegate, sub-contract, mortgage, charge or otherwise transfer any or all of its rights and obligations under this agreement without the prior written consent of the other party, except that a party may assign and transfer all its rights and obligations under this agreement to any person to which it transfers all of its business, provided that the assignee undertakes in writing to the other party to be bound by the obligations of the assignor under this agreement.

Miscellaneous matters  

• We may change this agreement in any way at any time. The version applicable to your contract is the version which was posted on Our Website at the time that the contract was made.
• At any time if we decide in our absolute discretion that you have failed to comply with any of the terms of this agreement, we reserve the right to terminate this agreement without refunding to you any payment made.
• You undertake to provide us your current land address, e-mail address, telephone and cell phone numbers as often as they are changed together with all information that we may require to enable us to fulfil our obligations under this contract.
• So far as any time, date or period is mentioned in this agreement, time shall be of the essence.
• If any term or provision of this agreement is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
• The rights and obligations of the parties set out in this agreement shall pass to any permitted successor in title.
• FeatherBright Outsourcing respects your privacy, takes reasonable steps to protect your personal information as defined in the Promotion of Access to Information Act 2000 and Protection of Personal Information Act 2013. Our compliance with the legislation is set out in Privacy Policy.
• If you are in breach of any term of this agreement, we may:
  • publish all text and content relating to the claimed breach, including your name and email address and all correspondence between us and our respective advisers; and you now irrevocably give your consent to such publication;
  • terminate any Product.
• Any obligation in this agreement intended to continue to have effect after termination shall so continue.
• No failure or delay by any party to exercise any right, power or remedy will operate as a waiver of it nor indicate any intention to reduce that or any other right in the future.
  • When you visit Our Website or send messages to us by email, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on Our Website. You agree that all our electronic communications satisfy any legal requirement that such communications be in writing.
• Any communication to be served on either of the Parties by the other shall be delivered by hand or sent by first class post or recorded delivery or by e-mail.

• In the event of a dispute between the parties to this agreement, then they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.
• This agreement does not give any right to any third party.
• In the event of any conflict between any term of this agreement and the provisions of the memorandum of incorporation of a limited company or any comparable document intended to regulate any other corporate or collective body, then the terms of this agreement shall prevail.
• This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
• The validity, construction and performance of this agreement shall be governed by the laws of the Republic of South Africa.