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Terms and Conditions

General Terms and Conditions of Sale

The following terms and conditions govern all online offers, sales and purchases of products and/or services through the current website(s).

1. DEFINITIONS

  • ‘product(s)’ means the hardware and 3D filament (distributed by 3DFUSION) listed on the Site.

2. IDENTITY

3D Fusion (Pty) Ltd 51 Pioneer Street, George, 6529, Western Cape, South Africa.

3. DELIVERY AND SHIPPING

3DFUSION provides the following shipping options for orders within South Africa:

  • Orders under R850: Hand-to-hand courier service via The Courier Guy. Please allow 3–7 business days for delivery.
  • Orders over R850: Free delivery is provided. Please allow 3–7 business days for delivery.
  • PUDO Locker Delivery: Free delivery to a PUDO locker is available for all orders, provided the client selects this option at checkout.

4. RETURNS AND COSTS

  • Except in the case of a faulty or incorrectly supplied product, 3DFUSION does not cover the cost of return shipping.
  • The buyer is responsible for arranging and paying for the transit of returned goods to our George warehouse.

5. WITHDRAWAL

5.1 Clauses 5.2 to 5.9 will only apply if you are a consumer.

5.2 Save where you do not have a right of withdrawal as per clause 5.8, you have a period of 14 days to withdraw from the contract, without giving any reason, and without incurring any costs other than those provided for in clause 5. The withdrawal period will expire after 14 days from:

a. In the case of service contracts, the day of the conclusion of the contract.

b. in case of sales contracts for products, the day on which you or a third party other than the carrier and indicated by you acquires physical possession of the products, or:

i. In the case of multiple products ordered by you in one order and delivered separately: the day on which you or a third party other than the carrier and indicated by you acquires physical possession of the last product;

ii. In the case of a contract relating to the delivery of a product consisting of multiple lots or pieces: the day on which you or a third party other than the carrier and indicated by you acquires physical possession of the last lot or piece;

iii. In the case of a contract for regular delivery of products during a defined period of time: on the day on which you or a third party other than the carrier and indicated by you acquires physical possession of the first product.

5.3 To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by registered post, and by email using the contact details provided to you as per clause 2.1). You may use the attached model withdrawal form, but it is not obligatory. You may also electronically submit the model withdrawal form or any other unequivocal statement to the contact email address, in which case we will communicate to you an acknowledgement of receipt of such a withdrawal on a durable medium without delay. For the most efficient processing of your withdrawal, we suggest that you first contact our call centre for further detailed instructions. You shall have exercised your right of withdrawal within the withdrawal period if the communication concerning the exercise of the right of withdrawal is sent by you before that period has expired. The exercise of the right of withdrawal shall terminate the obligations of the parties: (a) to perform the contract, or (b) to conclude the contract, in cases where an offer was made by you. If you exercise your right of withdrawal, any ancillary contracts shall be automatically terminated.

5.4 If you withdraw from the contract, we shall reimburse you all payments received from you, including, if applicable, the costs of delivery (with the exception of the supplementary costs if you have expressly opted for a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 10 days from the day on which we are informed of your decision to withdraw from this contract in accordance with clause 5.3. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise, provided you do not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the products back or until you have supplied evidence of having sent back the products, whichever is the earliest.

5.5 You shall hand them over to us, without undue delay and in any event not later than 10 days from the day on which you have communicated your decision to withdraw from the contract to us in accordance with clause 5.3. The deadline is met if you send back the products before the period of 10 days has expired. In consideration of the risk of loss or damage of products, as implied under clause 6.6, we recommend that you use a carrier that allows tracking and monitoring of delivery status for your returns. For the most efficient processing of your return, we suggest that you contact us at the telephone number indicated to obtain a return merchandise authorisation (RMA) number prior to returning your product.

5.6 You shall only bear the direct cost of returning the products. You are only liable for any diminished value of the products resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the products.

5.7 If you want the performance of services to begin during the withdrawal period provided for in clause 5.2(a) we require that you make an express request. You acknowledge that you will lose your right of withdrawal once the service has been fully performed. If you exercise the right of withdrawal after having made such a request but before the service has been fully performed, you shall be liable to pay us reasonable costs, consisting of an amount which is in proportion to what has been provided until the time you have informed us of the exercise of the right of withdrawal, in comparison with the full coverage of the contract. The proportionate amount to be paid by you to us shall be calculated on the basis of the total price agreed in the contract. If the total price is excessive, the proportionate amount shall be calculated on the basis of the market value of what has been provided.

5.8 In the following situations, you do not have a right of withdrawal:

a. service contracts after the service has been fully performed if the performance has begun with your prior express consent, and with the acknowledgement that you will lose your right of withdrawal once the contract has been fully performed by us;

b. the supply of products or services for which the price is dependent on fluctuations in the financial market, which cannot be controlled by us and which may occur within the withdrawal period;

c. the supply of products made to your specifications or clearly personalised;

d. the supply of products which are liable to deteriorate or expire rapidly;

e. the supply of sealed products which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;

f. the supply of products which are, after delivery, according to their nature, inseparably mixed with other items; and

g. the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery.

5.9 The burden of proof of exercising the right of withdrawal in accordance with clause 5 shall be on you. Except as provided for in clause 5, you shall not incur any liability as a consequence of the exercise of the right of withdrawal.

6. DELIVERY AND EXECUTION

6.1 Unless we have agreed otherwise on the time of delivery, we shall deliver the products by transferring the physical possession or control of the products and/or commence provision of services to you without undue delay. If you are a consumer, this shall be no later than 30 days from the conclusion of the contract.

6.2 Where we have failed to fulfil our obligation to deliver the products and/or commence the provision of services at the time agreed upon with you or within the time limit set out in clause 6.1, you shall call upon us to make the delivery and/or commencement within an additional period of time appropriate to the circumstances. If we fail to deliver the products and/or commence the provision of services within that additional period of time, and you are a consumer, you shall be entitled to terminate the contract.

The above shall not be applicable to sales contracts and/or services contracts where we have refused to deliver the products and/or commence the provision of services or where delivery or commencement within the agreed delivery period is essential taking into account all the circumstances attending the conclusion of the contract or where you inform us, prior to the conclusion of the contract, that delivery by or on a specified date is essential. In those cases, if we fail to deliver the products and/or services at the time agreed upon with you or within the time limit set out in clause 6.1, you shall be entitled to terminate the contract immediately.

6.3 If you are a consumer, upon termination of the contract in accordance with clause 6.2, we shall, without undue delay, reimburse all sums paid under the contract.

6.4 If you are a consumer, in addition to the termination of the contract in accordance with clause 6.2, you may have recourse to other remedies provided for by national law.

6.5 Orders are shipped on weekdays (Monday through Friday), except for applicable national holidays in South Africa. If any products in your shopping cart indicate “Pre-Order” as the status, your entire order will be delayed until all of the items in your order are in stock. You will receive a shipment confirmation e-mail with carrier tracking information on the day that your order ships from our warehouse. When an order is placed, it will be shipped to the shipping address designated by you as long as that shipping address is complete and compliant with the shipping restrictions contained on the Site. All shipments are made by an independent third-party carrier chosen by us. Shipping dates on the Site are estimates and are not binding. We will inform you by email upon shipment of a product. In case of conflict between clause 6.5 and another part of clause 6, that other part shall prevail.

6.6 Subject to clause 6.8, the title, risk of loss of or damage to the products shall pass to you when you or a third party indicated by you and other than the carrier has acquired the physical possession of the products.

6.7 Our standard shipping charges are based on the total value and/or size and/or weight of merchandise shipped in a single shipment and the shipping address. Charges for expedited delivery, if applicable, are in addition to the standard shipping charge. Standard and expedited shipping charges will be displayed on the Site before you place your order.

6.8 We retain title to all products shipped until we have received the final payment in full.

7. PRICE AND PAYMENT

7.1 The prices displayed on the Site are the total prices quoted in the applicable currency based on the location you have selected, inclusive of taxes, or where the nature of the products and/or services is such that the price cannot reasonably be calculated in advance, the Site shall display the manner in which the price is to be calculated, as well as, where applicable, all additional freight, delivery or postal charges and any other costs or, where those charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable.

In the event of a pricing error on an item and/or service that you have ordered, we will notify you and await your approval of the corrected price before continuing to process your order. Your credit card or other payment instrument will be billed by 3D Fusion and the charge may appear on your statement as “3D FUSION”. If you do not wish to proceed, we will promptly refund any amounts previously billed.

8. WARRANTY

8.1 We warrant that the product will be in compliance with this contract, the manufacturer’s specifications and warranty terms will be in line with those supplied with the product, and the provisions of the applicable laws and/or governmental regulations on the date the contract was entered into will apply to this contract. Furthermore, we warrant that services shall be in conformance with their service description and will be performed during the applicable service period. This warranty does not apply to products damaged by misuse, accident, or normal wear and tear. Because of possible user resealing errors, this product is not warranted against water housing leakage or any resulting damage. In the event of a defect, please contact us via our contact page by email or telephone.

8.2 The following clause does not apply if you are a consumer. Our sole obligation under the warranty at clause 8.1 will be, at our option, to repair or replace the product.

ALL IMPLIED WARRANTIES OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE DURATION OF THE WARRANTY IN CLAUSE 8.1. TRADER DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL TRADER BE LIABLE FOR ANY LOSS OF DATA, REVENUE OR PROFIT, OR FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, LOSS OF BUSINESS AND REPUTATION, HOWEVER CAUSED, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT OR SERVICE, EVEN IF 3D FUSION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL 3D FUSION’S LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT OR SERVICE.

IN NO EVENT WILL 3D FUSION BE LIABLE FOR ANY LOSSES OR DAMAGE INCURRED BY ANY BUSINESS, TRADE, CRAFT OR PROFESSION CARRIED ON BY YOU OR ANY OTHER PERSON USING PRODUCTS AND/OR SERVICES PURCHASED UNDER THESE TERMS.

8.3 Warranty returns are limited to each product’s individual warranty as defined on the product’s packaging, instructions and on our Site. If you experience a problem with your DJI product, we suggest you first contact our support team for assistance at 010 020 8609.

8.4 Some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. The above warranty gives you specific legal rights. If you are a consumer, these rights do not affect your legal rights under applicable national legislation governing the sale of consumer products and services.

9. LIABILITY

9.1 Unless provided otherwise in these General Terms and Conditions, we are not liable (for damages or otherwise)in connection with these General Terms and Conditions and any orders, products, services, or purchases except (a) to the extent damages arise from our or our representatives or agents’ intentional or grossly negligent conduct, (b) for death or personal injury or damage to property caused by our defective products and/or services, (c) for death or personal injury caused by our or our representatives or agents’ negligence, or (d) to the extent our liability cannot validly be excluded under applicable law.

9.2 If you are a consumer, subject to clause 9.1, we are only liable for losses that are a natural, foreseeable consequence of our breach of these General Terms and Conditions and in no event are we liable for any loss of data, or for any special, indirect, consequential, incidental or punitive damages. If you use the products for any commercial, business or resale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. The foregoing does not affect your non-excludable statutory rights and only applies to the extent permitted by the applicable law.

10. PERSONAL INFORMATION AND YOUR PRIVACY AND EXPORT CONTROL

10.1 We comply with all relevant data protection laws and will use data which could be used to identify you personally (“Personal Data”) only as set out in the Privacy policy applicable to this site.

10.2 Please note that products, which may include technology and software, are subject to U.S. or E.U. export laws as well as the laws of the country where they are delivered or used. You agree to abide by these laws. Under these laws, product(s) may not be sold, leased, or transferred to restricted countries, restricted end-users, or restricted end-users.

11. ASSIGNMENT

11.1 The Contract formed under these General Terms and Conditions is personal to you, and you are not permitted to assign or transfer it to any other person without 3D Fusion’s prior written consent. 3D Fusion has the right to assign the contract in full or in part to any company or entity for business reasons, provided this would not serve to reduce the guarantees for the consumer.

12. APPLICABLE LAW AND EXCLUSIVE JURISDICTION

12.1 Notwithstanding anything to the contrary in the Terms of Use, these General Terms and Conditions and your purchases are governed by South African law without regard to conflict of laws principles. You submit to the non-exclusive jurisdiction of the courts of South Africa. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

12.2 The rights you have under these General Terms and Conditions are in addition to and do not affect the statutory rights and remedies you have under applicable consumer protection law in South Africa. In the event of a conflict between these General Terms and Conditions and applicable consumer protection law, your statutory rights under applicable consumer protection law shall prevail.

13. OTHER

13.1 A complaint regarding our services can be sent to 3D Fusion by sending an email to us at support@3dfusion.co

14. USE OF WEBSITE SERVICES

By creating a customer profile or making a purchase through the 3D Fusion website, you consent to being contacted by 3D Fusion. Communication may include order confirmations, shipping updates, customer support, and promotional offers.

Customers who wish to opt out of receiving marketing messages via Email or WhatsApp may do so at any time by notifying 3D Fusion through the contact details provided in this policy.