Terms of service

Last updated: 11 August 2026

OVERVIEW

Welcome to FCG Products. The terms “we”, “us” and “our” refer to Falcon Crest Group (Pty) Ltd, trading as FCG Products (“FCG”). FCG operates this online store and website, including the related information, content, features, tools, products and services (collectively, the “Services”). Our online store is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced in them, describe your rights and responsibilities when using the Services.

By visiting, interacting with or using the Services, you agree to these Terms of Service and our Privacy Policy. If you do not agree, you should not use the Services.

Nothing in these Terms excludes or limits any right or remedy that cannot lawfully be excluded under the Consumer Protection Act 68 of 2008 (“CPA”), the Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) or any other applicable South African law.

SECTION 1 – ACCESS AND ACCOUNTS

You must have the legal capacity to enter into a binding agreement to use the Services or make a purchase. If you permit a minor to use the Services through a device or account under your control, you remain responsible for that use, subject to applicable law.

You may be asked to provide information such as your name, email address, telephone number, billing information and delivery address. You confirm that the information you provide is accurate, current and complete and that you are authorised to provide it.

You are responsible for protecting your account credentials and for activity performed through your account. You may not transfer, sell, assign or license your account to another person.

SECTION 2 – OUR PRODUCTS

We make reasonable efforts to display and describe our products accurately. Product colours, packaging, dimensions or appearance may differ slightly from images displayed on your device without affecting the product’s intended function.

Descriptions, specifications and availability may change without notice. We may discontinue products or reasonably limit quantities by customer, order or delivery area.

Bird-control results depend on factors including bird species and behaviour, infestation level, food sources, surrounding properties, correct placement, installation, environmental conditions and ongoing maintenance. Unless expressly confirmed in writing, FCG does not guarantee the complete or permanent removal of all birds through the use of a single product.

Customers must follow all instructions, warnings and safety information supplied with a product. Where professional assessment, programming or installation is recommended, the customer should contact FCG before using or installing the product.

SECTION 3 – ORDERS, BASKETS AND PAYMENT

When you place an order, you make an offer to purchase the selected products. An automated order acknowledgement does not by itself mean that the order has been accepted. FCG may accept or decline an order on reasonable grounds, including unavailable stock, an obvious pricing error, suspected fraud, payment irregularities or incomplete customer information.

Adding a product to your shopping basket does not reserve the product or secure the purchase. Products remain available to other customers until payment has been successfully completed and verified. Payment secures the purchase, subject to product availability and FCG’s acceptance of the order.

If more than one customer attempts to purchase the final available item, priority will be given to the first successfully completed and verified payment. If a paid product is unexpectedly unavailable, we will offer the customer a suitable alternative, a revised lead time or a full refund.

For manual electronic bank transfers, an order is not secured until the full cleared payment reflects in FCG’s nominated bank account. A proof of payment does not constitute cleared payment.

Please review your order carefully before submitting it. We may be unable to change or cancel an order once manufacturing, assembly, preparation or dispatch has started. Any cancellation remains subject to applicable consumer law and our Refund Policy.

Unless FCG agrees otherwise in writing, products may not be purchased for unlawful resale or export.

SECTION 4 – PRICES AND BILLING

All prices are displayed in South African Rand (ZAR). Prices will indicate whether VAT is included or excluded. Delivery, installation and other applicable charges will be displayed at checkout or communicated separately before confirmation.

Prices, discounts and promotions may change without notice. The price charged will be the price confirmed for the accepted order. Promotional offers may have additional terms. If promotional terms conflict with these Terms, the promotional terms will apply to that promotion to the extent permitted by law.

You agree to provide accurate and complete purchase, payment and account information. If you use a payment card, you confirm that you are authorised to use it and that the details supplied are correct.

If a product is displayed at an obviously incorrect price because of a technical or administrative error, we may correct the error or cancel the affected order and refund any amount already paid.

SECTION 5 – LEAD TIMES, SHIPPING AND DELIVERY

Our standard order lead time is 7–14 working days, unless a different period is stated on the product page or communicated to the customer.

The lead time begins on the first working day after:

  • Full cleared payment has been received and verified;

  • The order has been accepted; and

  • We have received all information required to process the order.

“Working days” exclude Saturdays, Sundays and South African public holidays.

Lead and delivery times are estimates and may be affected by manufacturing or assembly requirements, product or material availability, high order volumes, supplier delays, courier delays, the delivery location or events outside our reasonable control. We will notify the customer if we become aware of a material delay.

The customer must provide a complete and accurate delivery address, contact number and access instructions. Reasonable redelivery costs caused by incorrect information, restricted access or the unavailability of the customer or authorised recipient may be charged where permitted by law.

Customers should inspect deliveries as soon as reasonably possible and promptly notify FCG if a parcel is visibly damaged, incomplete or incorrect.

Risk in the goods will pass in accordance with applicable South African law. Nothing in these Terms transfers risk to a consumer earlier than permitted by the CPA or ECTA.

SECTION 6 – INSTALLATION AND PRODUCT SAFETY

Installation is not included unless expressly stated in the product description, quotation or order confirmation. Additional charges may apply for installation, programming, travel, access equipment or site health-and-safety requirements.

Some products must be installed, positioned, programmed or operated by trained or authorised persons. FCG is not responsible for damage or reduced performance caused by incorrect installation, misuse, neglect, unauthorised modification or failure to follow instructions, except to the extent that liability cannot lawfully be excluded.

Bird-control products must be used responsibly, humanely and in compliance with applicable legislation, permits and site requirements. Laser products must never be aimed at people, vehicles, aircraft or any location where the beam may create a safety risk.

SECTION 7 – RETURNS, CANCELLATIONS AND REFUNDS

Purchases are subject to our Refund Policy and applicable South African consumer law.

Where section 44 of ECTA applies, a consumer may cancel an eligible electronic transaction within seven days after receiving the goods without giving a reason. The consumer may be responsible for the direct cost of returning the goods. Any refund due under this cooling-off right will be processed within the legally prescribed period.

Cooling-off rights do not apply to categories excluded by law, which may include goods made to the customer’s specifications or clearly personalised goods.

Customers must contact FCG before returning a product to receive return instructions. Products should be returned with all supplied parts and accessories. These requirements do not limit a customer’s statutory rights relating to defective, unsafe or incorrectly supplied goods.

Approved refunds will ordinarily be processed through the original payment method. The time taken for a refund to reflect may depend on the bank or payment provider.

SECTION 8 – DEFECTIVE, DAMAGED OR INCORRECT PRODUCTS

Products are supplied subject to the quality standards and statutory warranty protections of the CPA.

If a product is incorrect, damaged or believed to be defective, the customer should promptly contact FCG and provide the order number, delivery date, a description of the issue and reasonable supporting photographs or videos where requested.

FCG may reasonably inspect or test a returned product. Where the customer is legally entitled to a remedy, FCG will provide the applicable repair, replacement or refund.

Damage resulting from misuse, neglect, normal wear and tear, incorrect installation, unauthorised modification or failure to follow supplied instructions may not constitute a product defect, subject to applicable law.

SECTION 9 – INTELLECTUAL PROPERTY

The Services, including FCG’s names, logos, trademarks, product names, photographs, graphics, videos, designs, descriptions and written content, belong to FCG or its licensors and are protected by applicable South African and international intellectual-property laws.

You may use the Services for lawful personal or internal business purposes. You may not reproduce, modify, distribute, publish, commercially exploit or create derivative works from protected content without prior written permission.

Shopify’s name, logos and trademarks belong to Shopify or its licensors. Other names and marks displayed through the Services belong to their respective owners.

SECTION 10 – OPTIONAL TOOLS AND THIRD-PARTY LINKS

We may provide access to tools, content or links offered by third parties. We do not necessarily control or endorse those third-party services. Your use of them may be subject to the relevant third party’s terms and privacy practices.

To the extent permitted by law, FCG is not responsible for loss arising solely from an independent third-party website, product or service. Complaints regarding a third party’s own products or services should be directed to that party.

SECTION 11 – RELATIONSHIP WITH SHOPIFY

FCG Products is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with FCG. By using the Services, you acknowledge that Shopify is not the seller of FCG products and is not responsible for the fulfilment of purchases made from FCG. Any release or limitation in favour of Shopify applies only to the extent permitted by South African law.

SECTION 12 – PRIVACY POLICY

Personal information collected through the Services is processed in accordance with our Privacy Policy and the Protection of Personal Information Act 4 of 2013 (“POPIA”).

Because the Services are hosted by Shopify, Shopify may collect and process personal information concerning your use of the Services to host, provide and improve the platform. Certain information may be transmitted to Shopify and other service providers, including providers located outside South Africa, subject to applicable privacy protections. Shopify’s privacy information is available at Shopify Privacy for Customers.

SECTION 13 – FEEDBACK AND REVIEWS

If you submit a review, suggestion, photograph, comment or other feedback (“Feedback”), you confirm that you have the right to provide it and that it does not violate any law or third-party right.

You grant FCG a non-exclusive, worldwide, royalty-free licence to use, reproduce and display that Feedback for operating, improving and promoting the Services. We may moderate or remove Feedback that is unlawful, misleading, offensive, defamatory or otherwise violates these Terms.

SECTION 14 – ERRORS, INACCURACIES AND OMISSIONS

The Services may occasionally contain typographical errors, inaccuracies or omissions relating to descriptions, prices, promotions, shipping charges, delivery times or availability. We may correct information or update the Services without prior notice.

If an error affects an order already submitted, we will act reasonably and in accordance with applicable consumer law, including notifying the customer and providing a refund where required.

SECTION 15 – PROHIBITED USES

You may not use the Services to:

  • Commit or facilitate an unlawful, fraudulent or malicious act;

  • Infringe intellectual-property, privacy or other legal rights;

  • Harass, threaten, abuse, defame or harm another person;

  • Provide materially false or misleading information;

  • Upload viruses or other harmful code;

  • Send spam, phishing messages or unauthorised advertising;

  • Collect personal information about others unlawfully;

  • Circumvent security or access controls; or

  • Interfere with the operation or security of the Services.

We may suspend or terminate access where we reasonably believe these Terms have been materially breached.

SECTION 16 – AUTOMATED ACCESS AND AGENTS

Automated systems, bots or software agents may not access or interact with the Services in a manner that disguises their automated nature, circumvents security controls, completes CAPTCHAs deceptively, scrapes protected content without authorisation or interferes with normal website operation.

FCG may use reasonable technical measures to limit or control automated access.

SECTION 17 – TERMINATION

We may suspend or terminate access to the Services where you materially breach these Terms, use the Services unlawfully or create a material security risk. You remain responsible for amounts lawfully due before termination.

Provisions that by their nature should continue after termination, including intellectual property, privacy, liability, severability and governing law, will remain in effect.

SECTION 18 – WARRANTIES AND WEBSITE AVAILABILITY

We do not guarantee that the website will always be uninterrupted, error-free or available. General website information is provided for informational purposes and does not replace a professional site assessment where one is reasonably required.

All products remain subject to applicable statutory warranties and consumer protections. Nothing in these Terms excludes an implied warranty or consumer right that cannot lawfully be excluded.

SECTION 19 – LIMITATION OF LIABILITY

To the fullest extent permitted by law, FCG will not be liable for indirect, incidental, special or consequential loss arising solely from website interruption, unauthorised product misuse, incorrect installation or events beyond our reasonable control.

Nothing in these Terms excludes or limits liability for gross negligence, injury, defective or unsafe goods, or any other liability that cannot lawfully be excluded or limited under the CPA or other applicable South African law.

SECTION 20 – INDEMNIFICATION

To the extent permitted by law, you agree to indemnify FCG, Shopify and their respective directors, employees, agents and service providers against third-party claims caused by your unlawful use of the Services, your material breach of these Terms or your infringement of another person’s rights.

This section does not apply to the extent that a claim was caused by FCG’s or Shopify’s own unlawful conduct, negligence or breach of a non-excludable legal duty.

SECTION 21 – SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid or unenforceable, it will be enforced to the fullest lawful extent or severed where necessary. The remaining provisions will continue to apply.

SECTION 22 – WAIVER AND ENTIRE AGREEMENT

A failure or delay by FCG to enforce a provision does not waive the right to enforce it later.

These Terms, together with the policies and order-specific terms referenced in them, constitute the agreement governing your use of the Services. Nothing in this section excludes representations or rights that cannot lawfully be excluded.

SECTION 23 – ASSIGNMENT

You may not transfer your rights or obligations under these Terms without our prior written consent. FCG may transfer its rights or obligations as part of a lawful restructuring, sale or transfer of the business, provided that your statutory rights are not reduced.

SECTION 24 – GOVERNING LAW

These Terms are governed by the laws of the Republic of South Africa. Consumers retain the right to approach any court, regulator, ombud or alternative dispute-resolution body with jurisdiction under applicable law.

SECTION 25 – CHANGES TO THESE TERMS

The current version of these Terms will be available on this page. We may update them to reflect changes to the Services, our operations or applicable law. Material changes will be communicated where required by law.

The terms that apply to an order are ordinarily those in effect when the order is placed, unless a change is required by law.

SECTION 26 – CONTACT INFORMATION

Questions about these Terms should be sent to:

Falcon Crest Group (Pty) Ltd, trading as FCG Products
Email: info@fcgbirdcontrol.co.za
Telephone: 076 272 3557
Physical address: 51 Maitland Street, Blanco, George, 6529
Business registration number: [INSERT BUSINESS REGISTRATION NUMBER]
VAT number: [INSERT VAT NUMBER]