Terms and Conditions
Terms and Conditions
PLEASE
READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. BY
USING OR ACCESSING THIS SITE, YOU ACKNOWLEDGE YOU HAVE READ THESE TERMS OF USE
AND YOU ACCEPT AND AGREE TO THE COVENANTS AND CONDITIONS CONTAINED IN HEREIN.
THE USER MANY NOT ACCESS, DISPLAY, USE, DOWNLOAD, AND/OR OTHERWISE COP OR
DISTRIBUTE CONTENT OBTAINED ON THE WEBSITE FOR MARKETING AND OTHER PURPOSE
WITHOUT THE CONSENT OF THE PROVIDER. IF
YOU DO NOT AGREE TO THE TERMS, YOU MAY NOT ACCESS THIS SITE.
INTRODUCTION
1.1 Welcome to the Fashion by Miss Rich
website at https://www.missrichfashion.blogspot.com.
Please read these terms and conditions (“Terms and Conditions”) so that
you can understand how they apply to your use of https://www.missrichfashion.blogspot.com (“The Website”) and products that you
may purchase on the Website.
1.2 Fashion
by Miss Rich, is a private brand duly incorporated in the Republic of South Africa (“we” or “us” as the case may
be). We own and operate the Website. We can be contacted on missrich6@gmail.com
1.3
Please browse or use our Website. You may use this for your own personal,
non-commercial shopping and information purposes only, and no other purpose.
You agree to indemnify us against any loss, damage, harm, claim or any other
cost whatsoever that we may sustain as a result of your use of our Website
and/or its contents contrary to these Terms and Conditions.
1.4
By using this Website, you confirm that you have read and understood these
Terms and Conditions and agree to be bound by them. These Terms and Conditions
constitute the whole of the agreement between us relating to the matters dealt
with herein and, save to the extent otherwise provided herein, no undertaking,
representation, term or condition relating to the subject matter of these Terms
and Conditions not incorporated in these Terms and Conditions shall be binding
on either of us. We reserve the right to suspend our Website or any part
thereof or terminate your account at any time if we, in our sole discretion,
decide to do so.
2 INTERPRETATION AND DEFINITIONS
In
these Terms and Conditions –
2.1
“order” means the order submitted by you offering to purchase a product/s from
this Website at the stated price;
2.2
“products” means the products for sale to be found on this Website;
2.3
“account” means the account you may choose to register before you submit
order/s;
2.4
“supplier” refers to us, manufacturers of the Mermaids and Unicorns products;
2.5
“delivery partner” means a courier company, chosen at our discretion for order
delivery.
2.6
“business days” means any day other than a Saturday, Sunday or public holiday;
and
2.7
“business hours” means the hours between 08h30 and 16h30 on any business day.
Any reference to time shall be based on South African Standard Time.
3 ORDER
3.1
When making an order, you must be over 18 years of age, possess a valid credit
card or be authorised to use a valid credit or debit card. To place the order
you should follow the given instructions.
3.2
When you order a product from this Website, you are offering to buy it at the
price stated on the Website.
3.3
We reserve the right to refuse your offer to purchase a product from our
Website or to cancel an order you placed for any reason which includes but is
not limited to the following –
3.3.1
the product being sold out or unavailable from the supplier;
3.3.2
inability to obtain authorisation of payment; and/or
3.3.3
the identification of an error within the product information, including price
or promotion.
3.4
Should we accept your offer to purchase a product from this Website, a sale
agreement will be concluded between you and us.
4 METHODS OF PAYMENT
4.1
Payments can be made by instant EFT.
4.2
By submitting your order, customer details and payment card details, you
warrant that you are authorised to make payment with the payment card and that
there are sufficient funds available to pay for the order.
5 OUR SHIPPING POLICY
5.1
Once we have accepted your order and been notified of receipt of payment, we
will arrange for the delivery thereof to your shipping address through our
shipping agent. You will be notified by email once your order has been
dispatched. . Every effort is made to ensure delivery of orders within 3-5
working days of confirmation of payment on orders placed via our website.
5.2
You will not be able to change your shipping address once an order has been
placed. It is thus your responsibility to ensure that the shipping address you
give us is accurate.
5.3
We offer free delivery to main centres within South Africa. Orders outside of
major centres will be charged quoted and charged a courier fee on a case by
case basis.
5.4
Ownership in the goods you order will pass to you once they are dispatched.
Risk will pass to you once you or a third party acting on your behalf, as the
case may be, take(s) delivery of the order by signing for receipt of the goods
from our courier. Once risk has passed to you, goods will be held at your own
risk and we will not be liable for their subsequent loss or destruction.
6 RETURNS AND EXCHANGES
6.1
You have the right to return any returnable item to us within 7 (seven) days
from the date on which you received your order (as reported by our delivery
partner) subject to the terms and conditions set out in this clause.
6.2
Should you wish to return an item(s), you must first submit a return request in
the manner set out hereunder:
6.2.1
Following receipt of your order, you must notify us within 24 (twenty-four)
hours of receipt by.
6.2.2
Contacting us via “Contact Us” on our website or by sending an email to missrich6@gmail.com
quoting the order number, the name of the item(s) you wish to return, and your
reason for wanting to return same.
6.3
In the event that your request is authorized, we will contact you to arrange
collection.
6.4
Once we have received your returned item(s) and provided we receive same in its
original and complete packaging (including any boxes, protective packaging
and/or documentation) in the condition it was in when delivered to you and
within a reasonable time, we shall refund you the amount you paid for the
item(s) excluding the initial outbound shipping cost, unless you reasonably
allege and we are satisfied that you received the item in a faulty condition,
in which case your refund shall include the initial outbound shipping costs.
Please note that all of our items undergo strict quality control checks before
being dispatched to you. Faulty items will only be accepted by us if the items
were delivered to the customer damaged.
6.5
We shall refund you by crediting the payment card you used for your purchase
with the applicable amount as soon as possible but within 30 (thirty) business
days of the date on which your order was placed.
6.6
Regardless of whether your return request has been authorised, we will not
refund you for a returned item where in our reasonable opinion the item(s) has,
following the sale to you, been worn or become of an unacceptable quality due
to fair wear and tear, misuse, failure to use it in accordance with the
manufacturer’s instructions, use in an abnormal way or failure to take
reasonable care.
7 ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002
7.1
These terms are subject to the provisions of the Electronic Communications and
Transactions Act No. 25 of 2002 (“Electronic Communications Act”) and any of
the terms that are in conflict with any of the compulsory provisions of the
Electronic Communications Act will be deemed to have been modified so as to
comply with such provisions of the Electronic Communications Act.
7.2
In terms of the Electronic Communications Act, we will provide you with the
opportunity to review the entire transaction, correct any mistake and withdraw
from the transaction before placing an order.
8 INTELLECTUAL PROPERTY
We
either own or are licensed the rights to use all intellectual property and/or
other material on this Website. You are only permitted to view, print or store
electronically a copy of any information on our Website, including these Terms
and Conditions, solely for your personal, lawful, non-commercial use, a failure
to do so will constitute an unlawful infringement of our or our licensors
intellectual property rights.
9 USE OF OUR LOGOS, CONTENT AND IMAGES
You
may not use the content of our Website, our logos or any other images that
appear on our Website without our prior written consent. A failure to comply
with this will constitute an unlawful infringement of our or our licensors
intellectual property rights.
10 JURISDICTION
These
Terms and Conditions are governed by and construed under the laws of the Republic
of South Africa.
11 FORCE MAJEURE
11.1
We shall not be liable to you for any breach, hindrance or delay in the
performance of these Terms and Conditions attributable to any cause beyond our
reasonable control, including without limitation any natural disaster and
unavoidable incident, actions of third parties (including without limitation
hackers, suppliers, governments, quasi-governmental, supra-national or local
authorities), insurrection, riot, civil commotion, war, hostilities, warlike
operations, national emergencies, terrorism, piracy, arrests, restraints or
detainments of any competent authority, strikes or combinations or lock-out of
workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions,
earthquake, natural disaster, accident, mechanical breakdown, third party
software, failure or problems with public utility supplies (including
electrical, telecoms or Internet failure), shortage of or inability to obtain
supplies, materials, equipment or transportation (“Event of Force Majeure”),
regardless of whether the circumstances in question could have been foreseen.
11.2
Either you or we may terminate the agreement under these Terms and Conditions
forthwith by written notice to the other in the event that the Event of Force
Majeure lasts for a period of two business days or more, in which event neither
you nor we shall be liable to the other by reason of such termination (other
than for the refund of a product already paid for by you and not delivered).
12 PAYMENT AND SECURITY
12.1
We ask for your name, telephone number, email address, delivery address and
payment method details when you want to make a purchase on our website.
12.2
All transactions concluded on our website are processed by our payment gateway
partner, Payfast (www.payfast.co.za). Payfast protects the security of
information during transmission by using Extended Validation SSL with 256-bit
encryption.
12.3
We will take all reasonable measures to keep your personal information, order
and payment details secure. However, we cannot be held liable if an event beyond
our reasonable control results in loss to you.
13 ACCURACY OF WEBSITE CONTENT
13.1
We do not warrant that the content or information displayed on our Website is
always accurate, complete and/or current.
13.2
Prices in printed publications are correct at the time of publication. However,
we reserve the right to amend these prices post-publication without prior
notification.
14 AMENDED OR UPDATED TERMS
We
may periodically update or change the Terms and Conditions without notice. You
should check them from time to time, as your continued use of the Website will
mean you accept any updated or revised Terms and Conditions.
15 DISCLAIMERS AND EXCLUSIONS OF LIABILITY
Use
of our Website is entirely at your own risk. We make no representations or
warranties of any kind, whether express or implied. We accept no liability, to
the extent permitted by law, for any damages, howsoever arising, whether
direct, indirect, incidental, special or consequential loss from the access or
use of our Website or the purchase of any of the products or services.
16 OUR LIABILITY IN RESPECT OF YOUR ORDER(S)
16.1
If any item(s) we deliver is not what you ordered, is damaged or defective or
of an incorrect quantity, we shall have no liability to you unless you return
the item to us in accordance with Clause 6.
16.2
If you do not receive goods ordered by you within 10 (ten) business days of the
date on which you ordered them, we shall have no liability to you unless you
notify us by email to missrich6@gmail.com of non-delivery within 14 (fourteen)
business days.
16.3
Save as precluded by law, we will not be liable to you for any indirect or
consequential loss, damage or expenses (including loss of profits, business or
goodwill) howsoever arising out of any non-delivery and we shall have no
liability to pay any money to you by way of compensation other than to refund
to you the amount paid by you for the goods in question.
16.4
You must observe and comply with all applicable regulations and legislation,
including obtaining all necessary customs, import or other permits to purchase
goods from our site, if needed. We make no representation and accept no
liability in respect of the export or import of the goods you purchase.
16.5
Notwithstanding the aforementioned, nothing in these terms and conditions is
intended to limit any rights you might have as a consumer in terms of any
applicable law.
