Sales Terms and Conditions
Eligibility to Purchase to be eligible to purchase goods on this Website and to lawfully enter into an agreement for such purchase you must:
- be the owner of a valid debit or credit card
Products displayed on our website may not be available or be as described. National Flag will endeavour to ensure that product details, descriptions, images and prices appearing on its website are correct at the time the relevant information is uploaded onto our website. However, to the extent permitted in terms law, National Flag does not warrant that the product descriptions, colours or other content available on the Website are accurate, complete, reliable, current, or error-free.
Placing an Order
Our website will contain instructions which will guide you through the process of placing an order. You will be offered the opportunity to review your proposed order and confirm or correct it prior to finally placing your order.
Once you have placed your order, National Flag will send to you an email acknowledgement providing you with the details and value of your order, which has been or will be debited to your credit or debit card or any payment method offered.
National Flag may not accept your order if:
- an item you have ordered is out of stock;
- it is unable to obtain authorisation for your payment or is unable to confirm that payment has been received;
- it identifies a product or pricing error.
If National Flag is unable to fulfil your order following acknowledgement of its placement, we will contact you by email advising you of this. Refer to paragraph 7 below (Cancellation of order).
Unless National Flag has notified you that it does not accept your order or if you have cancelled your order, the acceptance of your order and the completion of the contract between you and National Flag will take place when we dispatch the goods ordered by you.
If you require any information regarding your order(s) please contact Customer Service (open 8 am – 5 pm, Monday to Friday, excluding public holidays)
You may pay for any purchase using any of the methods specified in the FAQ section of this Website. By purchasing products from our website, you confirm that the credit or debit card that is being used is owned by you.
All credit and debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses or does not, for any reason, authorise payment to us, whether, in advance or subsequent to a payment, National Flag will not be liable for any delay or non-delivery.
Your Credit Card Verification number (CCV) is requested during the processing of your payment online. This number is only found on the physical card, not on any receipts or imprints from EFTPOS machines. Although this does not guarantee that the card used for the purchase has not been stolen, it does assure us that the person placing the order has the card physically with them at the time of the order, and is, therefore, an additional security measure.
Cancellation of Order
If National Flag reasonably believes, in its sole discretion, that the completion of your order may result in a violation of the Website Terms, National Flag may, with or without notice, cancel or reduce the quantity of your order.
National Flag notes that on occasion, orders or parts of an order are cancelled by its system for various reasons including: item(s) is not available; there was difficulty in processing payment information; delivery to the address was not possible; a duplicate order was placed; or that the order was cancelled at the customer’s request. If your order is cancelled, you will receive an email to explain the reason for the cancellation and the appropriate amount will, subject to these terms and conditions, be refunded via your original payment method.
Please note that because National Flag generally dispatches orders within 2-4 days (excluding weekends and public holidays) after your order has been accepted by us. It may not be possible to cancel an accepted order prior to its dispatch. In this event, you will have to return your order once you have received it in accordance with the Returns Policy.
Credit Card Chargeback Policy
National Flag does not tolerate credit card fraud. National Flag hereby reserves its rights to prosecute any such fraud to the full extent of the law and to pursue civil legal action seeking to recover any loss or damage suffered relating to the fraud, including business costs and expenses, legal fees (on an attorney and own client scale), research costs, employee downtime and loss of revenues.
National Flag considers credit card charge backs to be fraud if you made no reasonable effort to notify us that a problem existed and allow us considerable time to resolve or clarify the matter.
All frivolous chargebacks not only cost our employees time away from our usual and customary matters of conducting normal business but cost us money, therefore:
YOU AGREE that if –
you choose to do business with National Flag and file a dispute/claim or chargeback with your credit card company for a situation that contradicts these terms and conditions (which you agree to when placing your order); or
have not allotted us sufficient time to acknowledge, confirm, and research the situation relating to such dispute/claim or chargeback, and you are not successful with the chargeback argument or dispute/claim, you agree to pay us liquidated damages in the amount of R2,500, being a genuine pre-estimate of the actual damages for our time responding to the matter, which amount you authorize us to charge to your credit card. If this charge is rejected for any reason, National Flag reserves its rights to –
pursue legal action to recoup such number of liquidated damages; or
to recover its actual damages or losses suffered or incurred as a result of or in connection with the chargeback argument or dispute/claim in lieu of such liquidated damages, and in either case National Flag shall be entitled, to claim from you the costs incurred by National Flag in recovering all costs, including legal fees on an attorney and own client scale.
In the event that you are successful with the chargeback with your credit card company, and have not returned our products in accordance with our Returns Policy, National Flag may attempt to recover its losses relating to the chargeback plus additional costs via a third-party collection agency and your account maybe reported to credit bureaus as a delinquent collection account.
We will not accept a return of any products other than in accordance with the terms of our Returns policy.
Right to Refuse an Order/Customer
National Flag reserves the right to cancel an order, and/or issue a refund, and/or pursue legal action against any customer who is deemed to be a Hostile Customer. A “Hostile Customer” is a customer who initiates chargebacks or disputes/claims without valid cause (particularly after the receipt by that customer of order), threatens/harasses staff members in person, over the phone, internet, or email, or those who attempts to defame National Flag or any of its affiliates or the products offered on the Website.
National Flag or one or more third parties instructed by it will deliver the goods in accordance with the delivery option selected by you during the order process.
Any delivery times quoted to you are indicative only. Orders may be delivered in one or more parts.
National Flag does not accept any liability whatsoever for delayed delivery caused by any third party.
Title and Risk
National Flag retains the legal ownership of the goods until the latter of the dispatch of the goods to you or when full payment for the goods is received by us. The legal ownership of the goods will immediately revert to National Flag if it refunds any such payment to you.
Risk in the goods will pass to you upon delivery to you.
Receipt Of Goods
Upon delivery of the goods, you must inspect the goods. If you have not received the entire order as detailed in the order confirmation email sent to you when an order is received, please contact Customer Services (open 9 am – 5 pm, Monday to Friday, excluding public holidays)
The Returns Policy forms part of these terms and conditions and by agreeing to these terms and conditions you also agree to the terms of the Returns Policy.
National Flag (Pty) Ltd
Updated August 2021