Cafe Du Cap Online Shop
Terms & Conditions
1 NATURE & EFFFECT OF THESE TERMS & CONDITIONS
1.1 cafeducap.co.za/shop (“Website”) enables registered users to shop online for clothingand is owned and operated by PopYaCollor Fashion (PTY) Ltd, having the further details set out in 2 below (hereinafter referred to as “Operator”, or “we”, “us” or “our”).
1.2 Visitors to the Website (“Users” or “you”), including those Users who register for an account in order purchase products offered on the Website, are bound by these terms and conditions (including any privacy, refund or other policies incorporated herein by reference) (“T&C”). If you do not agree to these T&C, do not continue to use the Website. Your continued use of the Website will constitute acceptance of the T&C, unmodified by you.
1.3 These T&C shall commence from the date on which they are published on the Website and continue indefinitely, as amended by us from time to time (as described below), for so long as the Website exists and is operational, us being entitled to terminate these T&C and/or shut down the Website at any time subject to still processing any purchases then already made on our Website.
1.5 Note that if you fail to comply with your obligations under these T&C, including any incident involving payment for any order placed on our Website, and you fail to remedy such failure within 7 (Seven) business Days days of notice by us to do so, this may (in our sole discretion) lead to suspension of your access to your account, or even the closing of your account and access to the Website, according to the degree of seriousness of the action in question, without prejudice to any damages which we might seek.
2 OPERATOR’S INFORMATION
The Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”) states that when goods or services are offered by way of certain electronic transactions, the supplier thereof must make certain information about it available to customers on the website/s where the goods or services are offered. We, the Operator of this Website, have the following information:
Full name: PopYaCollar Fashion (PTY) Ltd.
Company Reg No. 2012/033541/07
Main Business: Online clothing retail
Address for receipt of legal service: 113 Loop Street, Cape Town, 8001
Official email address: email@example.com
3.1 Should you have any complaints in relation to this Website or the products and/or services available via this Website please contact the Operator using the details set out above.
4 Purchasing Products
4.1 Registered users will be able to place electronic orders (“Order”) for one or more products offered, for so long as such products are still available and have not sold out.
4.2 A purchase agreement between you and the Operator (“Purchase”) only comes into effect if you electronically submit a properly completed Order for one or more products in your shopping basket AND payment is either authorised or received by us into our bank account.
4.3 Products cannot be reserved for later purchase, and placing a product in your shopping basket without completing the purchase does not constitute an Order for, or a Purchase of such Product. Consequently, prior to actual Purchase, we may remove any product from your shopping basket if stock of the product is no longer available and you cannot hold us liable if any product is not available when you attempt to complete the Purchase at a later stage.
4.4 The invoice in respect of your Purchase will be available online. A copy of such invoice will also be included with the product when delivered.
4.5 Stock availability: Stocks of all goods on offer are limited. We shall take all reasonable efforts to ensure that when stock is no longer available, that offers thereof are discontinued. However, should we be unable to fulfil any order placed by you at the advertised price due to stock having sold out, we will notify you and you will be entitled to a refund of the amount paid by you for such product, as explained in more detail in our Refund Policy
4.6 Errors: Please note that although we endeavour to accurately describe and/or depict each product on the Website, some descriptions or photographs may be of a generic nature and not specific to the particular product you wish to buy. However, should you be dissatisfied with the product you receive for any reason, you are entitled to return the product to us for a full refund within 7 days of delivery. Please see our Refund Policy in this regard (which explains how and when you can be refunded, as well as how returns are to be made).
4.7 RESTRICTED SALES: The onus is on you to ensure that you meet any age restrictions applicable to products ordered by you on the Website and that these restrictions are observed. Accordingly you indemnify us from any and all liability in this regard, including any liability arising as a result of your failure to provide accurate information in this regard when completing the Website registration process.
5 AMOUNTS PAYABLE BY YOU
5.1 Prices: The price of each product is displayed with the product listing. In the event of a sale or special offer, the discounted price is displayed.
5.2 Delivery Charges: Delivery charges differ depending on a variety of factors, including product type, price, and weight, as well as whether delivery is to be made within, or outside, the borders of South Africa. Please see details of our delivery charges http://www.internetexpress.co.za/new/OurServiceDomestic.aspx
5.3 Value Added Tax: We are not VAT registered and as a result we do not charge VAT.
5.4 Import Duties: Import duties may be payable by recipients of goods in foreign countries. We do not know what import duties/levies may be payable and cannot calculate or estimate such costs. You are responsible for determining whether any such import duties/levies are payable and, if so, the amount thereof.
5.5 Errors: We shall take all reasonable efforts to accurately indicate prices and delivery charges. However, should products be erroneously offered at incorrect prices and/or delivery charges, we will not be obliged to sell products at such incorrect prices and/or delivery charges, but shall refund monies paid by you should you not wish to proceed with the purchase at the correct price and/or delivery charge.
Your payment for any products ordered from us must be made to our bank account in any one of the following ways:
6.1 Credit card payments: At the time of placing the order, the transaction details are presented to the bank and an authorization is obtained for the amount of the order. If such authorisation is not obtained, the order will be cancelled. If authorisation is obtained, payment in respect of the order may be collected immediately. You warrant that you are fully authorised to use the credit card supplied for purposes of paying for your Order and that this credit card has sufficient available funds to cover all of the costs incurred.
6.2 Bank deposits & Electronic Funds Transfer: If you select to pay via bank deposit, instructions will be given on how to deposit monies into our bank account. In such instance, you must ensure that the exact amount is paid and that the payment is identified by supplying the correct order Reference as indicated by us at the time. Amounts must be paid within 2 (two) business days, failing which your order will be cancelled.
6.3 PayU: We accept payment made via PayU Wallet, a service provided by PayU Payment Solutions (Pty) Ltd (“PayU”). You can only pay via PayU Wallet if you are a registered PayU Wallet user. If you are not a registered PayU user, your registration as such may be facilitated in that, if you select to make payment via PayU, you will be redirected to a PayU webpage where you will be able to register for the PayU Wallet service.
7.1 Where we deliver: Throughout South Africa
7.2 Delivery Periods: Products listed on the Website have an indication of the delivery time, however, note that delivery periods are only regarded as having commenced upon payment confirmation being received by us, and if products with different delivery times are ordered together, the product with the longest delivery time will determine the delivery time of all the products in the order.
8 Termination of Purchases & Cancellation of Orders
8.1 By us: we reserve the right, for purposes of preventing suspected fraud, to refuse to accept or process payment on any Order and/or to cancel any Purchase, in whole or in part, on notice to you. We shall only be liable to refund monies already paid by you in respect of the cancelled portion of the Order (see our Return Policy in this regard Refund Policy).
8.2 By You: Save for certain exceptions and subject to certain charges, you are entitled to cancel any Purchase made on this Website within 7 days after date of receipt of the products and to obtain a refund. You may also cancel a Purchase where delivery is delayed beyond the stipulated delivery date/timeframe (or where none is specified, beyond 30 days from the Order date). Please read the Refund Policy for further details in this regard.Refund Policy
9 Defects, Returns, Refunds & Guarantees
Should you not be satisfied with any product purchased by you on the Website, by reason of a defect, incorrect choice of product, or otherwise, you may, under certain circumstances, be entitled to either be refunded or have the product repaired or replaced, as the case may be. The Refund Policy regulates your rights in this regard, and how products are to be returned to us. Please click here to read such Refund Policy. Refund Policy
10 Sales Records
A full record of every sale and related transaction between you and us shall be maintained on the Website for a period of 12 months following the date of such sale or related transaction. You shall thus only be able to view and print such record during such period, whereafter, you shall be responsible for retaining your own record of the relevant sale or related transaction.
12 Your general obligations
12.1 Security of login details
You are entirely responsible for the confidentiality of your login password and should you disclose your user name or password to anyone else, such person is then deemed to be authorised to act as your agent for purposes of using the Website and you will be entirely responsible for anything done by such person on the Website. If you believe your password has become known to any third party, or that there may have been unauthorised use of your email address and/or user account, you must notify us immediately thereof so as to possibly prevent or limit the potential losses suffered by you as a result.
12.2 Accuracy of Your Information
12.2.1 You are solely responsible for the accuracy of any and all information you provide to us or other users of the Website (“Your Information”). We will not be liable to you in any way whatsoever for any loss, expense or damage suffered by you, or claims made by third parties against you which arise from or in relation to your having submitted inaccurate information to us. You further indemnify us against any loss, expense or damage we may suffer, or claims made by third parties against us, which arise from or in relation to your having failed to submit accurate information to us.
12.2.2 You may not register an email address which is not your own personal email address. Furthermore, you may not use proxy internet protocol addresses (IP addresses) in order to attempt to hide the use of multiple user accounts
12.2.3 You agree that we may engage third parties, such as credit reporting agencies or identity verification companies in order to review your credit report so as to assess your fitness to hold an account.
12.3 Prohibited Conduct
The following uses of the Website are expressly prohibited and you undertake not to do (or to permit anyone else to do) any of the following:
12.3.1 to send or receive any material which is distasteful, threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;
12.3.2 to send or receive any material for which you have not obtained all necessary licences and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;
12.3.3 to send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
12.3.4 to cause annoyance, inconvenience or needless anxiety;
12.3.5 to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
12.3.6 for any fraudulent purpose or purpose other than which we have designed them or intended them to be used ;
12.3.7 other than in conformance with accepted Internet practices and practices of any connected networks; or
12.3.8 in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity.
12.3.9 furnishing false data including false names, addresses and contact details and fraudulent use of credit/debit card numbers;
12.3.10 reselling the Website or any of the services available via the Website;
12.3.11 attempting to circumvent our security or network including accessing data not intended for you, logging into a server or account you are not expressly authorised to access, or probing the security of other networks (such as running a port scan);
12.3.12 accessing the Website or services in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure;
12.3.13 executing any form of network monitoring which will intercept data not intended for you;
12.3.14 sending unsolicited mail messages, including the sending of “junk mail” or other advertising material to individuals who did not specifically request such material. You are explicitly prohibited from sending unsolicited bulk mail messages. This includes bulk mailing of commercial advertising, promotional, or informational announcements, and political or religious tracts. Such material may only be sent to those who have explicitly requested it. If a recipient asks to stop receiving email of this nature, you may not send that person any further email;
12.3.15 creating or forwarding “chain letters” or other “pyramid schemes” of any type, whether or not the recipient wishes to receive such mailings;
12.3.16 ending malicious email, including flooding a user or site with very large or numerous emails;
12.3.17 entering into fraudulent interactions or transactions with us (which shall include entering into interactions or transactions purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);
12.3.18 using the Website or any relevant functionality in breach of these terms and conditions;
12.3.19 unauthorised use, or forging, of mail header information;
12.3.20 engaging in any unlawful activity in connection with the use of the Website and/or the services; or
12.3.21 engaging in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the Website and services.
You hereby indemnify and hold harmless the Operator, its parent, subsidiaries, affiliates, officers, directors and employees, against any and all loss, expense or damage they may suffer, or third party claims which may be made against them, which arise from or in relation to your breach of these T&C (including the documents incorporated herein by reference), or your violation of any law or the rights of a third party relating to your use of the Website or the products and/or services available via the Website.
14.1 Save for the Operator being liable to you –
14.1.1 under the Consumer Protection Act 68 of 2008 (“CPA”) in relation to any products sold to you via the Website; and
14.1.2 under sections 43(5) and 43(6) of the ECT Act in relation to its payment systems not being sufficiently secure (if applicable),
neither the Operator nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Website or the services or content provided from and through this Website. Furthermore, the Operator makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Website are free from errors or omissions or that the service will be 100% uninterrupted and error free. You are encouraged to report any possible malfunctions and errors to the Operator.
14.2 Although any products purchased via the Website (if applicable) may be under warranty, the Website itself is supplied on an “as is” basis and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself that the service available from and through this Website will meet your individual requirements and be compatible with your hardware and/or software.
14.3 Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of the Operator and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website.
14.4 Errors: Although all reasonable efforts are taken to ensure that prices are accurately indicated, you acknowledge that errors can occur and that pricing may change from time to time. In the event of anything being incorrectly priced on the Website, although you will not be entitled to maintain your purchase at such incorrect price, you will be refunded any monies already by you should you not wish to proceed with the purchase at the correct price.
14.5 Nothing in these T&C will prevent or limit either of your or the Operator’s liability for fraud or wilful misconduct; gross negligence, or death or personal injury arising out of negligence.
14.6 Under no circumstances whatsoever will the Operator or any of its affiliates, subsidiaries, agents, suppliers and/or subcontractors be liable to you for any indirect loss, or any incidental, special, punitive or consequential loss or damage, or any direct or indirect loss of profits, arising in relation to these terms and conditions, the Website and/or the products and/or services available therefrom. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, and so in such jurisdictions liability is limited to the fullest extent permitted by law.
15 WEBSITE Content & Intellectual Property
15.1 We cannot screen or edit all the content available from the Website and do not accept any liability for illegal, defamatory or obscene content on or connected to the Website, other than loss or damage arising as a result of our gross negligence in respect of screening content on the Website. Hyperlinks provided on this Website to other websites are provided as is and we do not necessarily agree with, edit or sponsor the content on such web pages. You are encouraged to inform us of any such content that may be offensive or illegal.
15.2 All the content, trademarks and data on our Website (“Content”) are the property of or licensed to us and as such are protected from copying and infringement by local and international legislation and treaties. The Content may not be reproduced or copied by any means, whether electronically or not, without our prior written permission. Note that the Website may contain images, names, codes or other content that constitute the trademarks, logos, or copyrighted material owned by third parties and you may not copy or use same without their permission.
15.3 You may only download, view and print content from the Website for private and non-commercial purposes. To obtain permission for the commercial use of any content on the Website please contact us at the email address specified in 2 above for assistance
15.4 No Frames, links, spiders or crawlers: No person, business or web site may, without our prior written permission, link to any page on this Website, or frame this Website or any pages thereof in any way whatsoever, or use any technology to search and gain any information from this Website.
16.1 Law & Jurisdiction: This Website is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law, and nothing contained in these terms and conditions detracts from any of your statutory rights. You submit to the non-exclusive jurisdiction of the South African courts.
16.2 Disputes: Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and the Operator on any matter provided for in, or arising out of these T&C, and not resolved through the Customer Relations Department of the Operator, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. . The expedited arbitration rules may be downloaded from http://www.arbitration.co.za/downloads/expedited_rules.pdf.
16.3 Address for Notices: We each choose as our address for all purposes under these T&C, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following addresses:
16.3.1 Operator: the physical address set out in 2 above;
16.3.2 You: the address you provided to us when you registered for a user account (if any)
ONLINE RETAIL STORE
We are committed to ensuring the protection of the privacy of all of all visitors (“Visitors”) to our Website as well as all persons (“Customers”) who have registered for an account to enable them to shop online at our Website.
You need to read and accept all the provisions in this Policy in order to use the Website. By accepting this Policy, you are deemed to have read and agreed with all the provisions thereof. If you do not agree with anything in this Policy, then you may not register for an account and/or use the Website.
1 GENERAL INFORMATION ABOUT EVERYONE
1.1 Types of Information we collect
As a Visitor or Customer, you agree that we may electronically collect, store and use the following of your information:
1.1.2 additional information you may provide on a voluntary basis, such as demographic information or information related to your favourite social networking site (eg. the site name, address and description), or information relating to your participation in competitions, promotions, surveys, and/or additional services (“Optional Details”).
1.2 How we collect such information
1.2.1 Voluntarily provided by you: Optional Details may be submitted by you to us if you decide to upload or download certain content (or products) from the Website, enter competitions, take advantage of promotions, respond to surveys, register and subscribe for certain additional services, or otherwise use the optional features and functionality of the Website.
1.2.2 Automatically gathered via various technologies:
188.8.131.52 Other tracking technology: When you access the Website or open one of our HTML emails, certain Usage Details may be automatically collected and recorded by us from your system by using different types of tracking technology.
184.108.40.206 Web Beacons: Our Website may contain electronic image requests (called a “single-pixel gif” or “web beacon” request) that allow us to count page views and to access cookies. Any electronic image viewed as part of a web page (including an ad banner) can act as a web beacon. Web beacons are typically 1-by-1 pixel files (so small that you would likely not realize that they are there), but their presence can usually be seen within a browser by clicking on “View” and then on “Source.” We may also include web beacons in HTML-formatted newsletters that we send to opt-in subscribers in order to count how many newsletters have been read. Our web beacons do not collect, gather, monitor or share any personally identifiable information. They are just the technique we use to compile anonymous information about the Website and Service usage.
1.3 The purpose for which we collect this information
1.3.1 We may use any Optional Details provided by you for such purposes as indicated to you at the time you agree to provide such Optional Details.
1.3.2 We may use your Usage Details to (a) remember your information so that you will not have to re-enter it during your visit or the next time you access the Website or Platform; (b) monitor aggregate Website usage metrics such as total number of visitors and pages accessed; and (c) track your entries, submissions, and status in any promotions or other activities in connection with your usage of the Website.
2 INFORMATION ABOUT CUSTOMERS
2.1 Types of information we collect about Customers
If you are a Customer, you agree that we may also electronically collect, store and use the following of your information:
2.1.1 name and surname, birth date, gender, location (i.e. country, province and city of residence), nationality, and photographs/images of yourself provided as a profile picture(“Personal Details“);
2.1.2 e-mail address, physical address and/or mobile number (“Contact Details“);
2.1.3 details regarding all of your purchases, returns, refunds and related activity on our Website (“Transaction Details”); and
2.1.4 additional information you may provide on a voluntary basis, which could include demographic information or information related to your favourite website, activities, interests or your participation in competitions, promotions, surveys, and/or additional services (“Additional Details“).
2.2 How we collect information about registered Users
Your Personal Details and Contact Details will provided by you during your registration as a Customer and/or thereafter by your actively updating or supplementing such details in your account. Additional Details are provided by you on a voluntary basis either directly, or indirectly by means of you linking your account with us to your other social networking profiles, such as your Facebook profile. Transaction Details are collected as and when you place and/or manage your orders on the Website.
2.3 The purposes for which we collect the information
We use the information that Customers provide (or that we collect) to operate, maintain, enhance, and provide all of the features of the Website services, and as may be necessary to comply with any relevant laws. More specifically:
2.3.1 We use your Personal Details to greet you when you access your account, to manage and administer your use of the website, to verify your identity when transaction with us, and to fulfill our contractual obligations;
2.3.2 We use your Contact Details to verify your identity, to ensure that products ordered are received, and to inform you of other facts relating to your use of the Website (eg. notifications regarding your orders, other customer service notifications, and to address copyright infringement or defamation issues) as well as to inform you, subject to obtaining your prior consent, of competitions, promotions and special offers form us and/or our partners and/or affiliates.
2.3.3 We use your Transaction Details to keep transaction records and to comply with our other obligations and enforce our rights as per these T&C.
2.3.4 We may use any Additional Details provided by you to enhance and personalize your browsing experience on the Website and for such other purposes as may be indicated to you at the time you agree to provide such Additional Details.
3 HOW WE PROTECT & STORE PERSONAL INFORMATION
3.1 We store and process the personal information of our Customers and Visitors on computers in South Africa which employ safeguards such as firewalls and data encryption.
3.2 You should not divulge your account password to anyone. We will never ask you for your password in an unsolicited telephone call or e-mail. YOU ARE RESPONSIBLE FOR MAINTAINING THE SECRECY OF YOUR UNIQUE PASSWORD AND ACCOUNT INFORMATION AT ALL TIMES.
3.3 If you are a legal entity and not an individual, we will liaise only with your named contact or alternative contact provided by your named contact. It is your responsibility to let us know of any changes to your named contact.
4 How we share personal information with others
We may share your personal information with:
4.1 our service providers who help with parts of our business operations (ie website hosting service providers, delivery service providers, online payment service providers, fraud prevention etc). Our contracts dictate that these service providers only use your information in connection with the services they perform for us and not for their own benefit.
4.2 Companies that we plan to merge with or be acquired by, provided that they follow this Policy with respect to your personal information.
4.3 Law enforcement, government officials, fraud detection agencies or other third parties when (a) we are compelled to do so by a subpoena, court order or similar legal procedure; or (b) we need to do so to comply with any law; or (c) we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of our User Agreement and/or Merchant Agreement.
4.4 Other third parties, only with your consent or direction to do so.
5 How you can access or change your personal information
You can review and edit any of your personal information at any time by signing in to your account.
6 Non-personal information
Notwithstanding anything contained in this Policy regarding your information, the following information is not regarded as personal information for purposes of this Policy:
6.1 Permanently de-identified information that does not relate and/or cannot be traced back to you specifically. We may compile, use, share and otherwise process such information as we deem fit.
6.2 Non-personal statistical information collected and compiled by us. We own and retain all rights in such information
6.3 Information which you have provided voluntarily in an open, public environment or forum including (without limitation) any blog, chat room, albums, community, classifieds or discussion board. Because the information has been disclosed in a public forum, it is no longer confidential and does not constitute personal information subject to protection under this Policy. Since such public environments are accessible by third parties, it is possible that third parties may collect and collate and use such information for their own purposes and you should accordingly be careful when deciding to share any of your personal information in such public environments
7 You consent to the processing of your personal information
By accepting this Policy, you consent to our collection, storage, processing and disclosure of your personal information as described in this Policy. Should you terminate your registration with us and close your account, you consent to our retention of the information we have already collected from you for record-keeping purposes only.
1 LATE DELIVERY
If a product you have Purchased is not delivered within the agreed delivery period (as set out in the Terms & Conditions), the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”) entitles you to cancel such Purchase on 7 days notice to us. We will then fully refund you.
2 STOCK SHORTAGES
Should a product you have ordered be –
2.1 temporarily unavailable, we will notify you thereof as well as the anticipated delay in delivery and, unless you agree to wait for such longer period for delivery, or accept delivery of another product in its stead or a credit on your account, we will issue a full refund in respect of that Product to you within 30 days after such notice;
2.2 permanently unavailable, we will notify you and, unless you agree to accept another product in its stead or a credit on your account, we will issue a full refund in respect of that Product to you within 30 days after such notice.
3 INCORRECT PRODUCT / MISTAKEN DELIVERY
If the incorrect product is delivered to you by mistake (ie it is not the product you Purchased), please do not remove the product from its original packaging or use the product at all. Please promptly contact us to notify us thereof, so that we can resolve the mistake by arranging to collect such product from you and deliver the correct product to you, as quickly as possible.
4 NON-DEFECTIVE PRODUCTS
4.1 Save for certain exceptional cases (as listed below), you are entitled to cancel any Purchase made via this Website within 7 days after your receipt of the product and to obtain a full purchase price refund within 30 days thereafter. However, such Product must then be returned, at your risk and expense, in accordance with the Return Procedure set out in clause 6 below, and in the same condition as that in which it was received. So, if you wish to return any non-defective product delivered to you for a refund as aforesaid, please do not remove the product from its original packaging and/or use or wear the Product.
4.2 EXCEPTIONS: The ability to cancel Purchases of non-defective products as set out above will NOT apply in respect of the following types of products: books, magazines, newspapers and periodicals; audio or video recordings (ie CD’s or DVD’s) or computer software (ie computer games) which have been opened/un-sealed; foodstuffs, beverages or other goods intended for everyday consumption; flowers and other products which are likely to deteriorate or expire rapidly; and products which by reason of their nature cannot be returned (which include ebooks, underwear, swimwear, and earrings for pierced ears). You will only be entitled to a refund in respect of the aforegoing exceptions in the event and to the extent that any such refund is provided for under the express provisions of this Refund Policy herein below or if we in our sole discretion and without being obligated thereto, choose to give you a refund therefor.
5 DEFECTIVE PRODUCTS
5.1 General Warranty
If, within 6 months after delivery of a Product to you,
- you find that the Product is defective/faulty, unsuitable for the purpose generally intended (or otherwise expressly indicated by us at time of purchase), or not legal or reasonably durable (based on the circumstances and product type) (“Defective”); and
- you arrange to return such product to us for inspection (at our expense), in accordance with the Returns Procedure in 6 below,
and the Product is subsequently found –
- to indeed be Defective, you are entitled to either (a) be fully refunded, or (b) have the Product repaired or replaced at our expense (the decision between repairing or replacing being ours depending on availability and other relevant circumstances);
- NOT to be Defective, you will not be entitled to any repair, replacement or refund but will instead be liable for the costs incurred in having such Product returned to us and then re-delivered to you.
5.2 When is a Product ‘Defective’?
Please note: the following are examples of things which will NOT be regarded as defects and will not entitle you to any repair, replacement or refund under the general warranty above:
5.2.1 faults resulting from normal wear and tear;
5.2.2 damage arising from incorrect usage of the Product;
5.2.3 where you, or someone unauthorised to do so by us, has altered, repaired or damaged the product. IMPORTANT: you should refuse to accept delivery of any product which is visibly damaged, and if you only discover the damage after the courier has left then you must report it to us as soon as possible. The longer you take to report such damage, the more reasonable it will become for us to to determine that the damage was caused post delivery;
5.2.4 where a toy is not suitable for your child because of his/her age, but the toy is only suitable for children over a certain age, as may be expressly indicated, or reasonably obvious from the nature of the toy;
5.2.5 where an item of clothing does not fit you because your measurements do not accord with the item’s size (ie you have incorrectly estimated/measured your size);
5.2.6 encoding on DVD’s not being compliant with your zone (save where the encoding was incorrectly specified in the relevant product description);
5.2.7 electronic hardware or software (including computer games) purchased by you which are not compatible with your operating system and/or existing hardware. Consequently, before purchasing any electronic hardware or software, please confirm that same is compatible with your existing hardware and operating system. System requirements are usually available on the manufacturer’s website;
5.2.8 photographic equipment which shows evidence of (a) impact, sand, liquid or moisture damage; (b) dropping, mishandling or tampering; (c) battery or chemical corrosion; (d) damage caused by connected equipment; or (d) use contrary to the applicable instruction manual.
5.3 Supplier’s warranty
Certain Products may come with a supplier’s guarantee. If so, this will be stated in the Product listing on the Website. Clear details of these guarantees are given in their listings and you may not ask to be covered by a wider-ranging guarantee other than the one shown on such Product listing.
You may not under any circumstances return the following:
6.1 Non-defective Products which have been custom-made according to your specifications;
6.2 For hygiene reasons, due to their nature: non-defective underwear, swimwear and earrings for pierced ears
6.3 Products which you or any other person has altered, repaired, incorporated or added to where such alteration, repair, incorporation or addition has not been authorised by us.
7 RETURN PROCEDURE TO BE FOLLOWED
7.1 In order to be fully eligible for any credit, refund, repair or replacement under this Returns Policy, Products must be returned directly to us, in accordance with the provisions of this clause 7.
7.2 Email us immediately email us at firstname.lastname@example.org with the email subject “Garment Return.”
7.3 Important: We are not able to accept the return of any products which have not gone through the above returns process. Please treat products and packaging with reasonable care while in your possession. Nothing herein detracts from any right we may have to hold you liable for any damage you cause to a product (including its packaging) while in your possession.