Terms and Conditions
Terms and Conditions for Purchase and Sale
This page contains the terms and conditions (Terms and Conditions) on which we sell and you purchase the products offered for sale on this Website.
In order to enter into this agreement with us, you must –
- have contractual capacity;
- be legally entitled to use the credit card, debit card or other payment mechanism to be used to make the purchase. We reserve the right to select which banking cards and payment mechanisms are acceptable to us and to amend this selection at any time;
- you must be able and willing to correspond with us exclusively in the English language; and
- you must be resident within the Republic of South Africa.
You are advised to read these Terms and Conditions carefully and in full to ensure that you understand each of the provisions that apply to the sale of item(s) you wish to purchase.
If you decide to place an order on this Website you are deemed to have read and understood the entire contents of the Terms and Conditions set out on this page and will be bound by these Terms and Conditions.
By accessing and using this Website, you agree to be bound by the Terms and Conditions whether or not you have a registered account with us.
We reserve the right to amend these Terms and Conditions at any time, so please ensure that you always read this page before making any future purchases.
Selvedge Enterprises Proprietary Limited (Selvedge) does not offer or make any representation or warranty (other than those contained in these Terms and Conditions) and therefore you should not continue to contract on this Website or accept these Terms and Conditions if you perceive there to have been an implied or express representation or warranty made to you and which has induced you to visit this Website.
Nothing in these Terms and Conditions is intended to deprive you of your rights or our obligations under the applicable consumer protection legislation and if any provision purports to do so it shall be interpreted to be subject to this legislation or if such interpretation is not possible, severable from the Terms and Conditions, which shall be then be read as if the offending provision has not been included herein.
Terms and Conditions for Purchase and Sale between Selvedge and the Customer
This is the most recent and up to date version of these Terms and Conditions, as published on the Website on the day of 15 October 2017.
1.1 You are contracting with Selvedge Enterprises Proprietary Limited (Selvedge).
1.2 www.selvedge.co.za (the Website) is the online trading platform of Selvedge.
1.3 The Website is in the business of selling various clothing and accessories for men via a web-based sale and purchase transaction.
1.4 Every transaction made on this Website is subject to these Terms and Conditions. Accordingly, by using this Website and/or registering an account with Selvedge and/or placing an order and/or conducting a transaction on this Website, you are confirming in each instance your legal acceptance of and agreement to be bound by these Terms and Conditions, as may be amended from time to time.
2. Definitions and Interpretation
2.1 The headings in these Terms and Conditions are inserted for convenience only and shall not affect the interpretation of nor modify or amplify the provisions contained in these Terms and Conditions.
2.2 In these Terms and Conditions, unless the context otherwise requires, words denoting the singular include the plural and vice versa, words denoting the masculine gender include the other genders and visa versa and the word “person” includes any juristic person and other body of persons (whether corporate or incorporate).
2.3 The rule of construction that provisions must be interpreted against the party principally responsible for drafting these Terms and Conditions will not apply in the interpretation of these Terms and Conditions.
2.4 Where any number of days is prescribed in these Terms and Conditions that number of days will be calculated excluding the first day and including the last.
2.5 The use of the word “including” shall be construed as meaning including without limitation.
3.1 Before making your initial order on this Website you will need to register an account on this Website and provide the personal information that is required for the registration process.
3.2 By submitting the required information you are representing and warranting that all information is true and correct and agree that you will be held fully responsible and/or liable for the consequences of submitting false or inaccurate information.
3.3 It is your sole responsibility to update your account details should they change at any time.
3.4 You are wholly responsible for the activity that takes place on your account and confirm your understanding of the need to keep your username and password sufficiently secure.
3.5 You shall immediately inform us if you become aware of or suspect that your account has been compromised or used without your permission.
4. Products / Items
4.1 We will sell various men’s clothing and accessories from time to time, offering those items available for sale on this Website.
4.2 We have used our best endeavours to accurately reflect the items offered for sale on our Website, but are not responsible for slight variations that may be as a result of various factors, including, but not limited to, the electronic equipment you used to view the items.
4.3 Any item(s) are selected of your own volition and accordingly you are solely responsible for determining whether your choice is appropriate for your particular needs.
4.4 All item(s) offered for sale on this Website are our standard stock, without option for customisation and therefore we do not guarantee that any item(s) will meet personal and distinct requirements of a specific nature.
5. The Transaction
5.1 A transaction consists of:
(a) the selection of an item or items;
(b) the placing of an order;
(c) payment by you for the item(s); and
(d) acceptance of your order,
5.2 Selecting an item or items
(a) Once you have a registered account on this Website and wish to make a purchase, you need to adhere to the directives on the Website in regard to placing an order, submitting an order and making payment.
(b) The price for any item(s) offered on the Website will be the price that is reflected in respect of that item(s) on the date on which you place your order.
(c) The validity of the price as referred to in paragraph 5.2(b) above, will not be affected by a price you may have seen in respect of the selected item either before or after the day on which you place the order.
(d) Once you have selected your item(s) and placed your order (the Order), we will confirm the total amount required to be paid, inclusive of:
(i) the price of the item(s);
(ii) any applicable taxes;
(iii) any applicable charges for delivery; and/or
(iv) any other charges that may apply to the Transaction.
5.3 Placing your Order
(a) Each time you submit an Order on this Website, you agree that you do so subject to these Terms and Conditions, as published at the date you submit your Order.
(a) At the time of placing your Order you will make payment in full for the item(s) you have ordered.
(b) Payments must be made via EFT or a debit or credit card issued by one of the financial institutions acceptable to us, via the payment process available on the Website.
(c) We will not administer your Order until such time as payment has been made by you and we have received confirmation that funds have been received.
(d) We reserve the right to:
(i) conduct a credit check should we in our sole discretion deem it necessary;
(ii) request and/or acquire authentication of your payment details from yourself or from any relevant financial institution or to make enquiries we deem necessary in respect of your details or proposed payment; or
(iii) limit the payment method available to you and/or to direct you to make payment in the manner required by us. We will not be obliged to supply or deliver item(s) to you until such time as we have accepted your Order and received the cleared funds after such payment.
5.5 Acceptance of your Order
(a) If we accept your Order, we will send you, via email, a despatch confirmation form (the Confirmation Form), advising you of your Order reference number and confirming that your Order has been accepted.
(b) Once we have confirmed acceptance of your Order by despatching the Confirmation Form, a binding contractual transaction is created and your Order may therefore not be retracted once we have accepted it.
(c) Acceptance will be effective once we have transmitted the email contemplated in paragraph 5.5(a) above, regardless of whether or not you receive the email.
(d) We are under no obligation to accept your Order and remain entitled, in our sole discretion, to reject your Order (without providing reasons therefor).
(e) If we exercise our right to reject your Order, for whatsoever reason, you will be informed of such fact and your payment will be refunded to you.
(f) If we reject your Order, due to the unavailability of the item(s) selected by you, we may, but are not obliged, to suggest substitute item(s) and in any event that you wish to order the substituted item(s) you will be required to place a new Order.
6.1 You hereby warrant that:
(a) if you make use of a debit or credit card to make payment to us, the card is your own card and that you are legally entitled to transact with the relevant card;
(b) all details submitted to us in connection with the Transaction are correct and accurate; and
(c) you will notify us of any changes in your account details from time to time.
7. Binding Agreement
7.1 A binding agreement is created between us at the time that we accept your Order.
7.2 This binding agreement is in respect of the item(s) duly listed in the Confirmation Form, which may not be all of the item(s) included in your Order.
8. Delivery of item(s)
8.1 You will nominate your delivery address when you place your Order.
8.2 Subject to these Terms and Conditions, there is a charge for the delivery of purchased item(s).
8.3 Notwithstanding the delivery periods indicated on the Website, and due to circumstances out of our control, we do not guarantee an exact delivery date.
8.4 We cannot guarantee delivery to every possible location and accordingly may request that you provide us with an alternate delivery address should we be unable to deliver to the address you originally selected. In such a case you may request the cancellation of your Order and we will refund your payment.
8.5 You agree that you will not have any claim against us, whatsoever, as a result of or related to delivery within a time period that differs to that published on the Website.
8.6 If you are not accessible for delivery on the date advised in the Confirmation Form:
(a) we or our appointed agent may communicate with you with regards to arranging a second delivery date; or
(b) we may advise that you need to collect your item(s) from a designated point no less than 10 days after the original delivery date.
8.7 If you agree to allow a third person to accept the item(s) on your behalf, then you will have no claim against Selvedge or its delivery agent for any loss or damage caused if delivery is effected to such third person.
8.8 If you unjustifiably refuse, to accept delivery or fail to collect your items in terms of paragraph 8.6(a) above, then we may, in our sole discretion, elect to cancel our agreement, retain the item(s) and refund your payment, in which case we reserve the right to deduct our administration charges, including but not limited to delivery and storage charges, before effecting the refund.
8.9 Our remedies set out in this clause are in addition to other remedies set out in these Terms and Conditions or available at law.
9. Receipt of items
9.1 If a date and time is arranged with you (by Selvedge or its appointed delivery agent) you shall make yourself available at the agreed date and time.
9.2 If delivery is effected directly to you (or to a third person as contemplated in paragraph 8.7 above and your delivery instructions):
(a) you (or the third person you nominated) will inspect the item(s) for incorrect selection, apparent defects and obvious damage before you accept delivery of the item(s); and
(b) if you do not accept the item(s) due to any perceived problems with the item(s) you will instruct the courier to retain the item(s) and return such item(s) back to us.
9.3 You agree to exercise due care when opening the package and are cautioned against the use of sharp objects when doing so.
10. Terminating a Transaction
10.1 We may terminate the Transaction if any or all of the item(s) you have ordered are unavailable, for whatsoever reason, and in such circumstances we will:
(a) inform you of the unavailability of such item(s) as soon as possible;
(b) refund the payment that has been made in respect of the unavailable item(s); and
(c) proceed with the Transaction in respect of those item(s) that are available.
10.2 If you wish to terminate the transaction in its entirety due to the unavailability of an item or certain items, you must advise us of your wish to do so within 24 hours of our notice to you in terms of paragraph 10.1(a) above, failing which, you will be deemed to be bound by the Transaction and we will proceed with the delivery of the item(s) ordered by you.
10.3 If you wish to withdraw a confirmed Order for any reason, you must inform Selvedge at the contact details indicated on the Website and advise us accordingly.
11.1 We will take all reasonable steps to ensure that Ordered item(s) are delivered to you in a faultless condition.
11.2 In the event that you find a fault with one or more of the item(s) upon receipt and you wish to return the item(s) to us, you must:
(a) retain the item(s) in the received condition; and
(b) retain the original packaging and the documentation in or on such packaging.
11.3 You are required to adhere to the manufacturer’s care instructions as attached to the item(s) and if no such instructions are attached to handle and care for the item(s) at a level of care that would reasonably be expected in respect of such item(s).
11.4 If, despite your compliance with paragraph 11.3 above, you find a fault in the item(s) and wish to return it, you must:
(a) keep the item(s) in its then current condition and not make any further use of it; and
(b) identify the specific fault, in writing (via email), and the date that you became aware of it.
11.5 In the case of either 11.2 and 11.4, you must, as soon as you become aware of the fault, request (via email) that we accept return of the item(s) that you are not satisfied with, and your request must include:
(a) the Order number and delivery note number in respect of the item(s);
(b) a detailed description of the apparel fault; and
(c) any other information we may request you to provide to us.
11.6 You will be required to allow us the opportunity to inspect the faulty apparel and we will respond to your email contemplated in paragraph 11.5 with instructions on the process of sending the item(s) to us for inspection.
11.7 We will not accept the return of any item(s) should:
(a) the item(s) have been damaged or altered due to:
(i) improper care;
(iii) non-standard or unusual use;
(iv) failing to adhere to the care instructions attached to the item(s);
(v) accidental misuse or failure to maintain;
(vi) irregular conditions;
(vii) any other manner of use or handling which indicates a lack of reasonable care with the item(s);
(b) you have attempted to alter or repair the item(s) yourself or have allowed a third party to do so or attempt to do so;
(c) the item(s) have deteriorated as a result of fair wear and tear which is reasonably expected in the normal and regular use of the item(s); or
(d) the apparel fault relates to a slight variation in appearance, which does not materially differentiate the item(s) from the representation on the Website.
11.8 If we are willing to accept return of the item(s), subject to the provisions of this paragraph 11, we will inform you accordingly and we may in such a case offer to repair or replace the item(s) or refund the cost of the item(s) to be returned.
11.9 Replacement of a returned item will be wholly within our discretion and subject to availability.
11.10 If we refuse to accept return of the item(s):
(a) we will make the item(s) available for your collection from us; and
(b) you may request that our courier deliver the item(s) back to you, subject to your prior payment for the cost of such delivery.
12. Confidentiality and Intellectual Property
12.1 Nothing in these Terms and Conditions will be construed as conferring any rights whatsoever to either party in regard to the intellectual property of the other and each party’s trademarks, copyright, information and the like is and remains that party’s sole and exclusive property.
12.2 Except for information that you submit to this Website, all content and other subject matter included on or within the Website and all intellectual property rights in or related to the Selvedge offering, including but not limited to, copyright, trademarks, patent rights, trade secrets and know-how concerning the Selvedge brand or any item(s) offered for sale on the Website or connected to Selvedge vendors, suppliers and/or licensors are and at all times shall remain the sole property of Selvedge or its vendors, suppliers and/or licensors. This statement of ownership includes, but is not limited to, information, photographs, signs, texts, graphics, designs, lay-outs, images, trade names, logos, slogans, trademarks, whether or not indicated as being copyrighted, licensed or otherwise protected by law.
12.3 Except as expressly provided in these Terms and Conditions, you shall not in any manner copy, reproduce, distribute, pass off or alter or affect the display of the respective intellectual property owned by Selvedge and/or its vendors or suppliers.
13. Liability, limitations and events beyond the control of Selvedge
13.1 You will not have any claim against Selvedge for a failure to carry out any one or more of its obligations under these Terms and Conditions or a Transaction as a result of any circumstances whatsoever beyond the control of Selvedge, irrespective of whether those circumstances should or could have been anticipated by Selvedge.
13.2 The performance of our obligations will be suspended for the duration of the event or circumstance that is preventing performance, and on cessation of the event or circumstance we will then, as soon as is reasonably possible, perform as is required in accordance with these Terms and Conditions or the relevant Transaction.
13.3 If, in our sole opinion, the suspension or performance has continued or is expected to continue for too long a period, we may elect to cancel the Transaction by written notice to you.
13.4 In the case of us acting in accordance with paragraph 13.3 above, and with the exception of a refund that may be due to you for an item or items returned to you by us, you will have no claim whatsoever or howsoever arising against us in regard to the cancellation of the Transaction.
13.5 Notwithstanding any communication between us and subject to clause 13.6, any claim by you against Selvedge, howsoever arising, will in the aggregate be limited to the amount actually paid by you to us in respect of the item(s) to which the claim relates.
13.6 With the exception of a claim proved to be caused by the gross negligence of Selvedge or its appointed agents, Selvedge will not be liable to you for consequential or special damages, whether or not such damages are caused by Selvedge or its employees or authorised agents.
14. Notices and nominated addresses
14.1 Any notice under these Terms and Conditions shall be in writing and must be served by email to the recipient at the email address that has been nominated in terms hereof.
14.2 Any notice given by email shall be deemed to have been served when the email has been received by the recipient’s server.
14.3 Your nominated email address is that given by you to Selvedge when you registered your account on the Website.
14.4 Selvedge chooses as its nominated address: firstname.lastname@example.org.
14.5 You are entitled to change your nominated address by updating your details on the Website and we are entitled to change our nominated address by updating these Terms and Conditions.
15.1 These Terms and Conditions constitute the entire agreement between us with regard to your use of the Website, each Transaction that takes place and all ancillary matters related thereto.
15.2 We retain the right to modify these Terms and Conditions from time to time and will publish the revised Terms and Conditions on the Website. Modifications to these Terms and Conditions will not operate retrospectively, and applicable Terms and Conditions will be those Terms and Conditions that are published at the time of your use of the Website and/or a Transaction in terms hereof.
15.3 No alteration or variation of these Terms and Conditions shall be of any force or effect unless reduced to writing and signed by you and Selvedge.
15.4 A failure by Selvedge to enforce any provision of these Terms and Conditions shall not in any circumstances be construed as a waiver of such provision or affect in any way the right of Selvedge to require performance of any such provision at any time in the future.
15.5 You acknowledge that you have made use of the Website or entered into a Transaction on the basis of these Terms and Conditions and do not rely on any representation, warranty or other provision, whether express or implied, except as expressly provided in these Terms and Conditions.
15.6 Selvedge expressly excludes, and does not provide, any guarantee or warranty of any nature whether express or implied and including, without limitation, warranties as to existing functionality, fitness for a particular purpose, merchantability or absence of any defect, and accepts no liability of any nature arising out of or caused by any defect or failure in respect of an item(s).
15.7 If one or more provisions of these Terms and Conditions are declared unenforceable by a court of competent jurisdiction, then that provision shall be removed from these Terms and Conditions, and shall not prejudice the applicability or enforceability of the remaining provisions, which shall continue to operate provided that removal of the unenforceable clause does not render them incapable of doing so.
15.8 You may not sub-contract, cede, assign or transfer your rights and obligations in a Transaction and as arising in accordance with these Terms and Conditions.
15.9 These Terms and Conditions and all Transactions between us and all matters related in any way thereto shall be governed by and interpreted in terms of the laws of the Republic of South Africa, and you accept and submit to the exclusive authority of the South African courts for any dispute(s) arising between yourself and Selvedge, or any matters relating to Transactions or these Terms and Conditions.