Terms of service

TERMS OF SERVICE

Last updated: 23 August 2026

1. OVERVIEW

Welcome to FITCLIP™.

These Terms of Service (“Terms”) govern your access to and use of the FITCLIP™ website, online store, products, content, features and related services (“Services”).

The Services are operated by:

FITCLIP™
Registration Number: 2026/647313/07
Physical Business Address: 12 Barry de Kok Avenue, Panorama, Bethlehem, 9700, South Africa
Website: fitclip.co.za
Email: fitclipofficial@gmail.com

Our online store is powered by Shopify, which provides the e-commerce platform that enables us to offer and sell our products to you.

By accessing our website, placing an order or otherwise using our Services, you agree to these Terms and the policies incorporated into them, including our Privacy Policy and Returns, Exchanges & Refund Policy.

Nothing in these Terms is intended to exclude, waive or limit any consumer right that cannot lawfully be excluded, waived or limited under South African law.

Where these Terms conflict with a mandatory provision of applicable South African law, the applicable law will prevail.

2. SOUTH AFRICAN CONSUMER LAW

FITCLIP™ operates in South Africa.

These Terms are intended to operate in accordance with applicable South African legislation, including, where applicable:

  • the Consumer Protection Act 68 of 2008 (“CPA”);

  • the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”);

  • the Protection of Personal Information Act 4 of 2013 (“POPIA”); and

  • other applicable South African legislation.

Nothing contained in these Terms requires a consumer to waive rights that cannot lawfully be waived.

3. ELIGIBILITY AND ACCOUNTS

By purchasing products from our online store, you confirm that you have the legal capacity to enter into the transaction or that you are acting with the necessary consent or authority where required by law.

When using our Services, you agree to provide information that is accurate, current and complete.

You are responsible for maintaining the confidentiality and security of any account credentials associated with your account.

You should notify us if you reasonably believe your account has been accessed or used without authorisation.

You may not impersonate another person, use another person's account without permission or knowingly provide false information in connection with a transaction.

4. OUR PRODUCTS

We make reasonable efforts to display and describe our products accurately.

However, product colours and appearance may differ slightly depending on factors such as:

  • your screen or device;

  • display settings;

  • lighting;

  • photography; and

  • reasonable manufacturing variations.

Product descriptions, availability, colours, options and specifications may change from time to time.

We reserve the right to discontinue products or product options and to reasonably limit quantities available for purchase.

Nothing in this section limits your rights where goods are materially different from their description, defective, unsafe or otherwise fail to comply with applicable South African consumer law.

5. ORDERS

Submitting an order through our online store constitutes an offer to purchase the selected products.

After placing an order, you may receive an automated order acknowledgement or confirmation.

We reserve the right, where legally permissible, to refuse or cancel an order for legitimate reasons, including:

  • suspected fraud;

  • unauthorised or unsuccessful payment;

  • an obvious pricing or technical error;

  • incorrect product availability information;

  • stock unavailability;

  • a material breach of these Terms; or

  • circumstances where we cannot reasonably fulfil the order.

Where we cancel an order after receiving payment and you are entitled to a refund, the relevant amount will be refunded in accordance with applicable law and our policies.

We may contact you using the email address or other contact information supplied with your order if additional information is required.

Please review your order carefully before completing checkout.

Your statutory cancellation and return rights remain unaffected.

6. PRICES

Unless otherwise stated, prices displayed on our website are in South African Rand (ZAR).

The price applicable to an order will ordinarily be the price displayed when the order is submitted, subject to obvious errors and applicable law.

Any applicable delivery charges or other charges will be disclosed during checkout before you complete your purchase.

Prices, promotions and discounts may change from time to time.

A promotion may be subject to separate promotional terms. Where promotional terms conflict with these Terms in relation to that promotion, the specific promotional terms will apply, subject to applicable law.

7. PAYMENT

Payment must be made using one of the payment methods offered during checkout.

By providing payment information, you confirm that:

  • the information supplied is accurate;

  • you are authorised to use the selected payment method; and

  • sufficient funds or credit are available to complete the transaction.

Payments may be processed by authorised third-party payment service providers.

FITCLIP™ does not control processing times imposed by banks, card issuers or payment providers.

We may withhold fulfilment until payment has been successfully authorised or received.

8. SHIPPING AND DELIVERY

Unless otherwise stated, our estimated delivery timeframe is:

10–15 business days.

Delivery times are estimates and may be affected by circumstances outside our reasonable control, including:

  • courier delays;

  • adverse weather;

  • public holidays;

  • incorrect or incomplete delivery information;

  • unusually high order volumes;

  • service disruptions; or

  • other events outside our reasonable control.

We will make reasonable efforts to fulfil orders within the stated timeframe and communicate material delays where reasonably possible.

Nothing in these Terms excludes any rights or remedies available to consumers under applicable South African law in relation to delivery.

Further information may be contained in our Shipping & Delivery Policy.

9. DELIVERY INFORMATION

You are responsible for providing complete and accurate delivery information when placing your order.

Please ensure that:

  • the recipient's name is correct;

  • the delivery address is complete;

  • the telephone number supplied for delivery is correct; and

  • someone is reasonably available to receive the parcel where required.

If a parcel cannot be delivered because incorrect or incomplete information was supplied by the customer, reasonable additional delivery or return costs may be payable where permitted by law.

This does not apply where the delivery failure was caused by FITCLIP™, our courier provider or circumstances for which the customer may not lawfully be held responsible.

10. RISK AND DELIVERY

Delivery and risk will be handled in accordance with applicable South African law.

These Terms do not transfer responsibility to a consumer where applicable law places that responsibility on FITCLIP™.

If your parcel is lost or materially damaged during a delivery process for which FITCLIP™ remains legally responsible, please contact us so that we can investigate and provide an appropriate remedy.

11. RETURNS, EXCHANGES AND REFUNDS

Returns, exchanges and refunds are governed by our Returns, Exchanges & Refund Policy, together with applicable South African law.

FITCLIP™ offers an additional 30-day voluntary return period, subject to the conditions contained in that policy.

Eligible online transactions may also qualify for statutory cooling-off or cancellation rights under ECTA.

Qualifying defective, unsafe or non-compliant goods may carry rights and remedies under the CPA.

Nothing in our Returns Policy or these Terms limits rights that cannot lawfully be limited.

12. CANCELLATIONS

If you wish to cancel an order before dispatch, please contact us as soon as possible at:

fitclipofficial@gmail.com

We will make reasonable efforts to stop the order before it is dispatched.

If the order has already been dispatched, the applicable return procedure may need to be followed.

Your statutory cancellation rights remain unaffected.

13. PRODUCT USE

FITCLIP™ products should be used reasonably and for their intended purpose.

Customers are responsible for using products appropriately and taking reasonable care of them.

Damage caused by misuse, abuse, deliberate damage, improper handling or unauthorised modification may not constitute a product defect.

Nothing in this section limits a customer's rights regarding legitimately defective, unsafe or non-compliant products.

14. INTELLECTUAL PROPERTY

Unless otherwise indicated, content made available through our website, including:

  • FITCLIP™ branding;

  • logos;

  • product names;

  • photographs;

  • graphics;

  • website designs;

  • written content;

  • product descriptions;

  • videos; and

  • other original content,

belongs to FITCLIP™, its licensors or the relevant rights holder and is protected by applicable intellectual-property laws.

You may access our website for personal and lawful purposes.

Without appropriate permission, you may not reproduce, copy, republish, commercially exploit, distribute, modify or falsely represent our protected content as your own.

Nothing in these Terms transfers ownership of FITCLIP™ intellectual property to you.

15. CUSTOMER REVIEWS, PHOTOGRAPHS AND OTHER CONTENT

Where our website allows you to submit reviews, photographs, comments or other content, you confirm that:

  • you have the right to submit that content;

  • it is truthful to the best of your knowledge;

  • it does not unlawfully infringe another person's rights;

  • it is not fraudulent or misleading; and

  • it does not contain unlawful, defamatory or malicious material.

By voluntarily submitting content to FITCLIP™ for publication, you grant us a non-exclusive, royalty-free licence to use, reproduce and display that content for purposes reasonably connected with operating and promoting our business, subject to applicable law.

We may moderate or remove content where reasonably necessary, including unlawful, fraudulent, abusive or irrelevant content.

16. THIRD-PARTY SERVICES

Our Services may use functionality provided by third parties, including:

  • Shopify;

  • payment providers;

  • courier providers;

  • social-media services;

  • analytics services; and

  • other technology providers.

Third-party services may be governed by their own terms and privacy policies.

FITCLIP™ is not responsible for independent third-party services outside our reasonable control, except to the extent applicable law provides otherwise.

17. RELATIONSHIP WITH SHOPIFY

FITCLIP™ is powered by Shopify, which enables us to provide the Services to you.

However, any sales and purchases made through our Store are made directly with FITCLIP™.

Shopify is not the seller of FITCLIP™ products and is not responsible for the sales transaction between you and FITCLIP™.

Any rights you have against FITCLIP™ in relation to your purchase remain unaffected.

18. PRIVACY

Personal information collected through our Services is processed in accordance with our Privacy Policy and applicable South African privacy legislation, including POPIA.

Our online store is hosted by Shopify, which processes certain personal information in connection with providing the e-commerce platform.

Please review our Privacy Policy for further information regarding:

  • information we collect;

  • why we process it;

  • service providers;

  • international transfers;

  • cookies;

  • security;

  • retention; and

  • your rights under POPIA.

19. PROHIBITED USES

You may not use our website or Services:

  • for unlawful or fraudulent purposes;

  • to violate applicable law;

  • to infringe intellectual-property rights;

  • to impersonate another person;

  • to transmit malicious software;

  • to interfere with website security;

  • to attempt unauthorised access to our systems;

  • to unlawfully collect personal information;

  • to send spam or malicious communications;

  • to manipulate orders, reviews, promotions or payment systems; or

  • otherwise in a manner that materially harms FITCLIP™, our customers or our service providers.

We may restrict access to our Services where reasonably necessary to protect our business, customers or systems or where these Terms are materially breached.

20. ERRORS AND INACCURACIES

We aim to keep information on our website accurate and current.

Occasionally, information may contain:

  • typographical errors;

  • pricing errors;

  • incorrect product information;

  • availability errors; or

  • other inaccuracies.

Where legally permissible, we may correct genuine errors.

If an error materially affects an order you have already placed, we will contact you where reasonably necessary and provide any remedy required under applicable law.

21. WEBSITE AVAILABILITY

We aim to keep our website reasonably available and secure.

Access may occasionally be interrupted due to:

  • maintenance;

  • technical problems;

  • service-provider outages;

  • security incidents; or

  • circumstances outside our reasonable control.

We do not guarantee uninterrupted access to the website.

Nothing in this provision excludes liability that cannot lawfully be excluded.

22. DISCLAIMER OF WARRANTIES

We make reasonable efforts to ensure that product and website information is accurate.

To the maximum extent permitted by applicable law, we do not warrant that our website will always be uninterrupted, error-free or free from technical problems.

However, nothing in these Terms excludes or limits any warranty, guarantee, right or remedy provided to a consumer under the CPA or other applicable South African law where such exclusion or limitation is prohibited.

23. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, FITCLIP™ will not be liable for indirect, incidental or consequential loss arising from circumstances outside our reasonable control.

Any limitation of liability contained in these Terms applies only to the extent permitted by South African law.

Nothing in these Terms is intended to:

  • exclude liability where exclusion is prohibited by law;

  • exclude rights or remedies provided under the CPA;

  • exclude liability for gross negligence where such exclusion is prohibited;

  • require a consumer to unlawfully waive a statutory right; or

  • impose an unfair, unreasonable or unjust contractual term.

24. INDEMNITY

To the extent permitted by applicable law, you may be responsible for losses reasonably suffered by FITCLIP™ as a direct result of your unlawful use of our Services, fraud, deliberate misconduct or material breach of these Terms.

This provision will not be interpreted in a manner that imposes an unfair, unreasonable or unjust obligation on a consumer or removes any statutory consumer protection.

25. EVENTS OUTSIDE OUR REASONABLE CONTROL

FITCLIP™ will not be responsible for a failure or delay caused by events genuinely outside our reasonable control, to the extent permitted by law.

Such events may include:

  • natural disasters;

  • severe weather;

  • widespread transport disruptions;

  • national or regional service interruptions;

  • strikes;

  • civil unrest;

  • government restrictions;

  • widespread telecommunications failures; or

  • other comparable events beyond our reasonable control.

We will take reasonable steps to minimise disruption where practicable.

This section does not remove any consumer remedy that remains available under applicable law.

26. TERMINATION OR RESTRICTION OF ACCESS

We may suspend or restrict access to our website or customer accounts where reasonably necessary because of:

  • fraud;

  • unlawful activity;

  • security risks;

  • material breach of these Terms; or

  • abuse of our Services.

Termination of website access does not affect rights or obligations that arose before termination, including valid consumer rights relating to previous purchases.

27. SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be interpreted or severed to the minimum extent reasonably necessary.

The remaining provisions will continue to apply to the extent permitted by law.

28. NO WAIVER

If FITCLIP™ does not immediately enforce a right under these Terms, that does not necessarily mean that we have waived that right.

Any waiver will apply only to the specific circumstances in which it is given.

29. ENTIRE AGREEMENT

These Terms, together with the policies expressly incorporated into them, constitute the agreement governing your use of our Services and purchases through our online store, subject to applicable law.

Relevant policies include our:

  • Privacy Policy;

  • Returns, Exchanges & Refund Policy; and

  • Shipping & Delivery Policy.

30. CHANGES TO THESE TERMS

We may update these Terms from time to time to reflect changes to our:

  • business;

  • products;

  • website;

  • service providers;

  • operational practices; or

  • legal obligations.

The current version will be published on our website.

Where required by applicable law, we will provide appropriate notice of material changes.

Changes will not unlawfully remove rights that already arose from a completed transaction.

The Last updated date at the top of this page indicates when these Terms were most recently materially revised.

31. GOVERNING LAW

These Terms and transactions with FITCLIP™ are governed by the laws of the Republic of South Africa.

Any dispute will be dealt with in accordance with applicable South African law and through any court, tribunal, ombud or consumer-protection body having lawful jurisdiction.

Nothing in this section prevents a consumer from exercising a statutory right to approach an appropriate regulator, ombud, tribunal or court.

32. COMPLAINTS AND DISPUTES

If you have a complaint regarding an order, product or our Services, please contact us first so that we have an opportunity to investigate and attempt to resolve the matter.

Email: fitclipofficial@gmail.com

Nothing in these Terms prevents you from exercising rights available under South African consumer-protection legislation or approaching an appropriate consumer-protection body where applicable.

33. CONTACT INFORMATION

Questions regarding these Terms of Service, an order or your FITCLIP™ purchase may be sent to:

FITCLIP™
Registration Number: 2026/647313/07
Country of Registration: South Africa
Physical Business Address: 12 Barry de Kok Avenue, Panorama, Bethlehem, 9700, South Africa
Address for Service of Legal Documents: 12 Barry de Kok Avenue, Panorama, Bethlehem, 9700, South Africa
Email: fitclipofficial@gmail.com
Website: fitclip.co.za

FITCLIP™ is registered in the Republic of South Africa.

If FITCLIP™ becomes registered for VAT, any VAT information required by law will be displayed where applicable.