This returns policy (Returns Policy) forms part of the E-Commerce Customer Terms and the E-Commerce Designer Terms (collectively, the Website Terms) for the E-Commerce platform owned and operated by African Fashion International Proprietary Limited (AFI, We, Us, Our).
Words in this Returns Policy have the same meaning as words defined in the Website Terms, unless the context indicates otherwise or a word is expressly defined in this Returns Policy. Nothing in these terms will affect Your legal rights.
This Returns Policy explains the terms and conditions on which You may return a Product purchased via the Website and any replacement or repaired Product provided pursuant to the terms of this Returns Policy.
1) When You May Return a Product.
Your right to return a product will depend on (i) what You have bought; (ii) whether there is anything wrong with it; and (iii) how long after purchasing the Product You decide to return it.
1.1) If You have changed Your mind about the Product, see clause 2. You may have a right to return the Product and get Your money back if You are within the cooling-off period.
1.2) If the Product does not fit You, see clause 2.5. You may have a right to return the Product and get Your money back or request a different size if You are within the cooling-off period.
1.3) If the Product is defective, see clause 3. You may have a right to return the Product, or to get the Product repaired, replaced or get Your money back.
1.4) If the Product is damaged on delivery, see clause 3.3. You may have a right to return the Product or get the Product repaired, replaced or get Your money back.
2) Your Right to Change Your Mind
2.1) Your Right. In terms of the Electronic Communications and Transactions Act, 25 of 2002, for most products bought online, You have the right to change your mind and receive a refund after accepting delivery of the product.
2.2) When You Do Not Have a Right to Change Your Mind. Your right to change Your mind does not apply in relation to Products that:
2.2.1) have been adapted to Your specific requirements or specifications;
2.2.2) have been made especially for You or are clearly personalised for You;
2.2.3) by reason of their nature cannot be returned (such as underwear or earrings for pierced ears); or
2.2.4) are sealed for health protection or hygiene purposes, once these have been unsealed after You receive them (such as swimwear with detached hygiene strips).
2.3) We do not accept unwanted Products that have been worn or that no longer have their labels attached or that are no longer in “new” condition for sale to another Customer. Products must be returned in their original packaging and without any damage caused to them since delivery to You or Your nominee.
2.4) How Long Do You Have to Change to Your Mind? You have until 14 days from the day You (or someone You nominate) receive delivery of the Product to log a return in accordance with Our returns procedure described in clause 4 below (Our Returns Procedure).
2.5) If the Product Does Not Fit You. If You are unhappy with the way that the Product fits You, You may return or exchange the Product within 14 days from the day You (or someone you nominate) receive delivery of the Product by logging a return in accordance with Our Returns Procedure.
3) Your Rights in Relation to Defective Products
3.1) We supply safe, good quality goods that are free of any defects and that will be reasonably suitable for the purposes for which they are generally intended and that will be useable and durable for a reasonable period of time. A product that does not meet these standards due to a manufacture or design fault (and not due to inappropriate use) or that has been damaged before You receive it is a Defective Product.
3.2) Examples of Products that are not Defective include Products that:
3.2.1) have been damaged by use of the Product following delivery to You or Your nominee where such use is not regular or intended;
3.2.2) don’t fit, don’t suit You or that You have only changed your mind about;
3.2.3) are damaged due to failure to follow washing instructions or to properly care for the Product;
3.2.4) that have deteriorated due to normal wear and tear; or
3.2.5) have been replaced by a similar Product with a new and/or improved design.
However, this is not a complete list and We may ask You questions to determine if the Product is defective when you log a return, including: (i) how the Product has been used; (ii) when the defect arose; and/or (iii) a description and further details of the defect. We reserve the right to refuse to accept return of the Product on the basis that it is a Defective Product, if We reasonably determine that the Product is not a Defective Product.
3.3) Your Rights to Return a Defective Product. If You receive a Defective Product from Us, You may return the Product to Us and You may choose whether You would like Us to: (i) repair or replace the Product; or (ii) refund You the price You paid for the Product. If You are a customer located outside South Africa, We will also refund You any charges You paid for standard delivery, and if we repair or replace the Product we will supply the repaired or replaced Product to you free of charge.
3.4) How Long do You Have to Return a Defective Product? You have 14 days from the day You (or someone You nominate) receive delivery of the Defective Product to log a return in accordance with Our Returns Procedure.
4) Returns & Refunds Procedure
4.1) You can log a return by emailing Us at firstname.lastname@example.org. If You have changed Your mind outside the 14 day cooling off period for unwanted Products, You may only return the Product if it is a Defective Product. If you are returning a Defective Product, You will be required to provide Us with a description and images of the defect(s), and such additional information as We may reasonably request relating to the defect(s).
4.2) Who Pays for the Costs of Returning a Product? We pay for the costs of returning a Product, unless You are returning a Product that You have changed Your mind about after the 14 day cooling off period. However, if You have changed Your mind about the Product and You are located outside South Africa, We are entitled in our discretion to charge You the same amount as our charges for standard delivery to foreign customers for returning the unwanted Product to you. We will always pay the costs of returning Defective Products.
4.3) Who Pays for the Costs of Delivering a Replacement Product? We pay for the costs of delivering a repaired Defective Product or a replacement for a Defective Product. If You have requested a different size in accordance with clause 2.5, We may charge You standard delivery fees for the delivery of a different size, but We will notify You of such charges before confirming Your delivery.
4.4) How We Will Refund You. If You are entitled to a refund under these terms We will refund You the price You paid for the Product, by the method You used for payment.
4.5) When Your Refund Will be Made. We will make any refunds due to You as soon as possible, but within 14 working days from the day on which We receive the Product.
By using our website, you (the visitor) agree to allow third parties to process your IP address, in order to determine your location for the purpose of currency conversion. You also agree to have that currency stored in a session cookie in your browser (a temporary cookie which gets automatically removed when you close your browser). We do this in order for the selected currency to remain selected and consistent when browsing our website so that the prices can convert to your (the visitor) local currency.
1) Information We May Collect About You
1.1) We collect and store information about You and Your use of the Website. We collect and store:
(i) “personal information” as defined in the Protection of Personal Information Act, 4 of 2013, as amended from time to time (the POPI Act), which means, inter alia, information that can be used to uniquely identify or contact You; and
(ii) other information (non-personal information) that does not permit direct association with You. This information is gathered in a number of ways, as set out below.
1.2) You can choose not to provide us with the personal information that We may request from You. You acknowledge that Your choice not to provide Us with personal information may affect Our ability to interact with You. For example, if collecting personal information from You is required for us to provide services to you, to process orders by or to you, or by Applicable Law. We may, however, collect, process, use, disclose and transfer non-personal information for any purpose.
1.3) We may process the following information about You:
1.3.1) information relating to Your use of the Website (as a Designer or a Customer), including information that You provide when You register to use the Website (such as Your name, contact details, country and eligibility criteria) and online correspondence;
1.3.2) information that You provide to Us that is required to order, purchase, supply and/or deliver Products;
1.3.3) Your name and contact information that You provide to Us so that We may contact You, including for marketing purposes relating to similar goods and/or services offered by Us (unless you have opted-out of receiving marketing material from Us), and relating to other goods, services and events (if You have consented to receiving direct marketing for these purposes);
1.3.4) a record of correspondence if You contact Us;
1.3.5) information that You provide when You report a problem with the Website;
1.3.6) information that You provide when You provide feedback to Us or post reviews on the Website (such as a description of Your query, complaint or feedback on a Product);
1.3.7) information obtained from surveys that We may ask You to voluntarily complete from time to time, which We use for research purposes; and
1.3.8) any other information that may be necessary:
(i) to carry out actions for the conclusion or performance of a contract to which You are a party;
(ii) to comply with an obligation imposed on Us by Applicable Law;
(iii) to protect Your legitimate interest; or
(iv) to pursue a legitimate interest of Ours or of a third party to whom the information is supplied.
1.4) Internet Protocol Addresses. We may collect information about Your device and track your activity on Our Website, including (where available) Your internet protocol address, operating system and browser type, for system administration, and to report aggregate information to Our advertisers and/or service providers (including Google Analytics supplied by Google). This is statistical information about Your browsing actions and patterns, and You cannot be identified by this information.
2) Where We Store Your Information.
3) How We Use Your Information
3.1) We use information held about You in the following ways and any other ways expressly agreed with You in writing:
3.1.1) to enable You to order, purchase, supply and arrange delivery of Products via the Website;
3.1.2) to ensure that Content on the Website is presented in the most effective manner for You, and for Your computer or other device;
3.1.3) to communicate with You as set out in the Website Terms;
3.1.4) to provide You with information about new Products, designers, promotions and other similar goods and/or services offered by Us (unless you have opted-out of receiving marketing material from Us), and relating to other goods, services and events (if You have consented to receiving direct marketing for these purposes);
3.1.6) to carry out Our obligations required to enter into contracts with You or arising from any contracts entered into between You and Us, if any, including the Website Terms;
3.1.7) to allow You to participate in interactive features of the Website; and
3.1.8) to notify You about changes to the Website, or to the Website Terms.
3.2) The information We collect from You may also be accessed by, transferred to and processed by Our service providers (including payment gateway service providers, couriers, cloud service providers or other infrastructure, communications, analytics and IT service providers, and other companies that provide services to Us), to provide services to Us or to assist Us with the provision of access to the Website to You and for the implementation of contracts We have concluded with You. In the course of providing such services, these service providers may have access to Your personal information. We do not authorise these service providers to use or disclose Your personal information except in connection with providing the services We request of them.
3.3) If You do not want Us to use Your information in this way, or to pass Your details on to Our service providers or third parties, please let Us know when you commence use of the Website or place an order with Us or by responding to the emails We send You. You can also exercise this right at a later time by contacting Us at email@example.com.
3.4) Disclosure of Your Information. We may disclose Your personal information if We reasonably believe that access, use, preservation or disclosure of such information is reasonably necessary to:
(a) satisfy any Applicable Law, legal process, or governmental request;
(c) detect, prevent, or otherwise address illegal or suspected illegal activities, security or technical issues; or
4.1) We take information security seriously and use reasonable administrative, technical, physical and managerial measures to ensure that Your personal information is treated securely and to protect Your personal information from unauthorised access. We will follow the requirements in section 19 of the POPI Act.
4.2) Unfortunately, no security system can be guaranteed to be completely secure. Accordingly, although We will do Our best to protect Your personal information, We cannot guarantee the security of Your personal information transmitted to or through the Website or otherwise provided to Us by You, and any transmission is at Your own risk.
4.3) We will notify You as soon as reasonably possible where there are reasonable grounds to believe that Your personal information that is processed by Us has been accessed or acquired by any unauthorised person, subject to requirements of Applicable Law. By using the Website, You agree that We can communicate with You electronically regarding security, privacy, and administrative issues relating to Your use of the Website.
4.4) We will not be liable for any access to Your information that is obtained by any third party through Your failure to adequately restrict access to Your device or Your information.
5) Access to Information.
The POPI Act gives You the right to access personal information held about You. Your right of access can be exercised by submitting an access request to Our information officer at firstname.lastname@example.org and otherwise as provided for an Applicable Law. Any access request may be subject to a fee for meeting Our costs in providing You with details of the personal information We hold about You.
6) Your Right to Opt-Out of Direct Marketing.
You have the right to ask Us not to process your personal information for marketing purposes. We will usually inform you (before collecting your information) if we intend to use Your personal information for marketing purposes. You can exercise Your right to opt-out by letting us know when we place an order with us, or by responding to the marketing emails We send you. You can also exercise this right at a later time by contacting Us at email@example.com.
7) Contact Us.
TERMS & CONDITIONS
These customer terms (E-Commerce Customer Terms) apply to the ordering, purchasing and delivery of Products on, as well as Your use of, the E-Commerce platform owned and operated by African Fashion International Proprietary Limited that is on the Website. Use of the Website includes accessing and browsing the Website.
You must be over the age of 18 to shop on and use the Website. By using the Website You represent and undertake that You are over the age of 18.
- Applicable Law means any applicable national or provincial legislation, statutes, ordinances and other laws and regulations and any by-laws of any legally constituted public authority, in each case in force at any time in any relevant jurisdiction;
- Business Day means any day other than a Saturday, Sunday or statutory holiday in the Republic of South Africa;
- Content means any textual, visual, audio or audio-visual content, including photographs, videos, information, materials, opinions and/or statements created by Us or on Our behalf that We make available on the Website;
- Order means an order for Products submitted by You to Us and accepted by Us in accordance with clause 2;
- Product means a product offered for sale by Us on the Website, which may include amongst other things [apparel, footwear, accessories, and artwork];
- Returns Policy means the returns policy governing the terms and conditions on which You may return a Product purchased on the Website and any replacement or repaired Product provided pursuant to the terms of the Returns Policy, which policy can be found on the Website;
- User Content means any textual, visual, audio or audio-visual content, including photographs, videos, information, materials, opinions and/or statements, that is uploaded to the Website by any User;
- Website means the e-commerce platform owned and operated by Us, which can be found at www.africanfashioninternational.com;
- Our, Us or any similar pronoun means African Fashion International Proprietary Limited, a private company registered in accordance with the laws of the Republic of South Africa under registration number 2004/007988/07; and
- You, Your, Yours or any similar pronoun means: (i) in respect of shopping on the Website, any person who places an Order for a Product via the website; (ii) in respect of use of the Website, any user of the Website; and (iii) in respect of any processing of information as part of Our business incidental to Your use of the Website, any other person from whom We receive personal information, as appropriate.
PART A: ORDERS AND SALES
When You place an Order via the Website, You agree that You do so subject to the latest E-Commerce Customer Terms available on the Website at the date You submit Your Order. You are responsible for reviewing the latest E-Commerce Customer Terms each time You submit an Order.
2) Ordering Products on the Website
2.1) How You Can Submit Orders. When You wish to place an Order for Products, please submit an Order to us on the Website. An Order shall be treated as Your offer to contract with Us, but shall not be binding until accepted by Us. We may, in Our sole discretion, accept amendments to an Order requested by You after Our acceptance of the Order.
2.2) How We Will Accept Your Order. If We accept Your Order, Our acceptance will take place when We email You to confirm acceptance, at which point a contract will come into existence between You and Us. Each Order incorporates, and is subject to, these E-Commerce Customer Terms. Placing a Product in a shopping basket does not confirm Your Order and a Product may be removed from Your shopping basket after 15 minutes or if stock is no longer available. If We Are Unable to Accept Your Order.
2.3) If We are unable to accept Your Order, We will inform You via email and will not charge You for the Product. This may be because:
(i) the Product is out of stock; or
(ii) We have identified an error in the price or description of the Product.
2.4) Your Order Number. We will assign an order number to Your Order and give the Order number to You when We accept Your Order. Please reference the order number whenever You contact Us about Your Order. You acknowledge that, due to the unique nature of the Products for sale on the Website, stock of Products is limited. We will take reasonable efforts to monitor stock levels and remove or indicate where any Products are no longer available from being displayed on the Website. If You have paid for an Order for a Product that is no longer available, We will notify You as soon as possible and will refund You the amount that You paid for the Product.
3) Our Products
3.1) Products May Vary Slightly from Their Images. The images of the Products on the Website are for illustrative purposes only. Although We have made every effort to display the colours accurately, We cannot guarantee that a device’s display of the colours accurately reflects the colour of the Products. Your Product may vary slightly from those images.
3.2) Product Packaging May Vary. The packaging of the Product may vary from that shown in images on the Website.
3.3) Making Sure Your Measurements are Accurate. If We adapt a Product to measurements and information about Your requirements that You have given us, You are responsible for ensuring that this information is complete and correct. We are only able to base Our adaptation of the Product on the information You provide, so will not be responsible if the adaptation is unsuitable. You can find information and tips on how to measure on the Website or by contacting Us. Please take note of Our Returns Policy in relation to Your ability to return Products that have been adapted specifically for You.
4) Price and Payment
4.1) Where to Find the Price of the Product. The price of the Product will be the price indicated on the order pages when You place Your Order. The price includes VAT and all other sales taxes and excise, consumption, customs duties and taxes that are applicable to delivery of the Product to You.
4.2) We Price Our Products in South African Rands. For international customers, we use an add-on conversion app to display the price in USD, EUR or BWP.
4.3) When You Must Pay and How You Must Pay. You must pay for the Products before We dispatch them for delivery. We accept payment by credit and debit cards [via Visa or MasterCard] and by EFT.
4.3.1) Credit and Debit Cards. We make use of third party payment gateway service providers. In the course of providing such services, these service providers may have access to Your personal information. We do not authorise these service providers to use or disclose Your personal information except in connection with providing the services We request of them.
4.3.2) EFT. Our banking details, along with instructions regarding references are displayed at checkout. We require the full payment to be made within 48 hours of placing the order and the proof of payment to be sent to firstname.lastname@example.org before your order will be processed. If the payment is not made and proof of payment not provided within 48 hours, the order will be cancelled.
4.4) The Payment Details You Must Provide. All the details You provide to Us for the purpose of purchasing the Product must be correct, and the credit, cheque, debit card, or account, or other payment methods that You use must be Your own and contain sufficient funds or credit facilities to cover the cost of the Product. We reserve the right to obtain validation of Your payment details before delivering the Product.
4.5) What happens if We got the price wrong. It is always possible that, despite Our best efforts, some of the Products We sell may be incorrectly priced. We will normally check prices before accepting Your Order so that, where the Product’s correct price at Your order date is less than Our stated price at Your order date, We will charge the lower amount. If the Product’s correct price at Your order date is higher than the price stated to You, We will contact You for Your instructions before We accept Your Order.
4.6) If You Fail to Pay. If We have not received payment for an Order within 2 Working Days of Our accepting Your Order, We will contact You to remind You to make payment. If We have still not received payment for Your Order within 2 Working Days after the reminder, the order will be cancelled. If you still wish for us to fulfil the order thereafter, a new order will have to be placed.
We may run online promotions and offer discounts on the Website. Additional specific terms and conditions will apply to promotions, which will be made available on the Website. By ordering any Products forming part of the promotion or subject to the discount, You agree to such specific terms and conditions.
5.1) Welcome Offer terms & Conditions
5.1.1) The offer code WELCOME has to be applied at checkout in order for the discount to be applied. This offer code is valid for one online purchase only and there is no minimum spend required. Standard returns policy applies. This offer cannot be used in conjunction with any other offer.
6) Delivering the Products
6.1) Delivery Method. All Products will be delivered to the address specified by You when You place Your Order, by hand or by the courier We select.
6.2) Who Pays the Costs of Delivering a Product?
We reserve the right to charge You for delivering large or heavy Products. The below charges are subject to change without any prior notice.
6.2.1) Local Orders (Within South Africa)
188.8.131.52) Orders below R2000 pay a flat delivery rate of R80.00
184.108.40.206) Orders above R2000 will have the delivery cost covered by us.
6.2.2) International Orders (Outside of South Africa)
220.127.116.11) All international orders are required to pay for delivery as specified at checkout.
18.104.22.168) Recipients of international shipments may be subject to import taxes, fees, and customs duties levied by the customs office of your shipping destination. Import Fees vary according to the customs regulations of the destination country and is the responsibility of the recipient (customer).
6.3) When We Will Deliver the Product. We will contact You with an estimated delivery date as per our Delivery Policy.
6.4) We Are Not Responsible for Delays Beyond Our Control. If Our supply of a Product is delayed by an event beyond Our reasonable control, We will contact You as soon as possible to let You know and We will take steps to minimise the effect of the delay. Provided We do this, We will not be liable for delays caused by the event beyond Our reasonable control. If there is a risk of substantial delay, You may contact Us to terminate the Order and receive a refund for any Product that You have paid for but not received.
6.5) If You Are Not at the Delivery Address When the Product is Delivered. If no one is available at Your address to accept delivery, Our courier will leave You a note or will email You informing You of how to rearrange delivery.
6.6) If You Do Not Re-Arrange Delivery. If, after a failed delivery to You, You do not re-arrange delivery within 7 working days, We will contact You for further instructions and may charge You for storage costs and any further delivery costs. If, despite Our reasonable efforts, We are unable to contact You or re-arrange delivery or collection We may end the Order and We will refund You the price You have paid for the Product, but We may charge You for storage costs and delivery costs and deduct this amount from the amount to be refunded to You.
6.7) When You Become Responsible for the Product. A Product will be Your responsibility from the time We deliver the Product to the address You gave Us.
6.8) When You Own the Product. You own the Product once the Product has been delivered.
6.9) Reasons We May Suspend the Delivery of a Product to You. We may have to suspend the delivery of a Product to:
6.9.1) deal with technical problems or make minor technical changes;
6.9.2) update the Product to reflect changes in relevant laws and regulatory requirements;
6.9.3) make changes to the Product as requested by You or notified by Us to You.
6.10) Your Right if We Suspend the Supply of Products. We will contact You in advance to tell You We will be suspending supply of the Product, unless the problem is urgent or an emergency. You may contact Us to end the Order for a Product if We suspend it for a period of more than [21 working days] and We will refund any sums You have paid in advance for the Product in respect of the period after You end the Order.
7.1) If there is a problem with the Product. If You have any questions or complaints about the product, please Contact Us. You can telephone Our customer service team at 011 324 1500 or email us at email@example.com Please also look at Our Returns Policy.
7.2) Returning any Products. Please read Our Returns Policy, which forms part of these E-Commerce Customer Terms.
8) Click & Collect / In-Store Pick-up
8.1) How to “Click & Collect”
8.1.1) Once you have added your products to your bag, proceed to checkout. At checkout, you will be offered the option of Delivery or Pick Up.
8.1.2) Choose the option “Pick Up” and complete your order.
8.2) Tracking your “Click & Collect” Order
8.2.1) After placing your order, you will receive an order confirmation email.
8.2.2) We will prepare your order for collection and notify you via email when your order is ready for collection.
8.2.3) Please note that your order will not be ready for collection until we have confirmed that it is ready via email.
8.3) Collecting your order
8.3.1) You may only collect your order once you have received an email confirming that your order is ready for collection.
8.3.2) Please proceed to the Sales counter and provide your order number as well as valid proof of identification such as your ID, Driver’s License or Passport.
8.3.3) Please ensure that you check your order before leaving the store and confirm at the sales counter that you are satisfied with your order.
8.4) When will my order be ready and could there be a delay?
8.4.1) Subject to availability and receipt of payment, orders will be processed and be ready for collections as per below:
- In-stock items – 1 – 3 working days
- Pre-Order (Stock Available) – 7 to 10 working days
- Pre-Order (To be Manufactured) – 14 to 21 working days
Please note that the above is an estimation only. Please contact us at firstname.lastname@example.org for a more specific timeline for the product you would like to order.
8.5.1) In the event of an applicable credit/refund, you will be reimbursed via the original payment method in-store.
8.5.2) Please refer to our Returns Policy for further details.
PART B: USE OF THE WEBSITE & GENERAL
9) We May Make Changes to the E-Commerce Customer Terms
9.1) We may revise all or any part of the E-Commerce Customer Terms at any time by amending the relevant pages on the Website. However, the changes will have no effect on existing Orders that have been accepted by Us before the changed E-Commerce Customer Terms are published on the Website.
9.2) You are expected to check the pages from time to time in order to take notice of any changes We make, as use of the Website after changes are made constitutes Your acceptance of the changes. We will notify You by email of any major changes made to these E-Commerce Customer Terms. We may also, at Our discretion, notify You of any changes through a pop-up when You land on the Website, but We are under no obligation to do so and it is Your responsibility to check this page on a regular basis to ensure that You are aware of the terms of these E-Commerce Customer Terms as updated from time to time.
10) We May Make Changes to the Website.
10.1) We may update and modify the Website from time to time and may suspend, withdraw, discontinue, or change all or any part of the Website or the Content on the Website, including that We may remove any Content and User Content from the Website at any time.
10.2) Any of the Content on the Website may be out of date at any given time and We are under no obligation to update it.
11) Accessing the Website
11.1) To register to use the Website, You must provide us a unique username and password and provide us with certain personal information. You must treat Your username and password as confidential. You must not disclose it to any third party.
11.2) We have the right to disable any username or password at any time if in Our reasonable opinion You have failed to comply with any of the provisions of these E-Commerce Customer Terms.
11.3) If You know or suspect that anyone other than You knows Your username or password, You must promptly notify Us at email@example.com.
11.4) Access to the Website is permitted on a temporary basis. We do not guarantee that the Website (including any Content), will always be available or be uninterrupted. We will not be liable to You if for any reason the Website or any Content is unavailable at any time or for any period.
11.5) We do not guarantee that the Website or any Content will be free from errors or omissions.
11.6) You are responsible for making all arrangements necessary for You to have access to the Website and Content.
11.7) You are also responsible for ensuring that all persons who access the Website through Your internet connection are aware of the E-Commerce Customer Terms and that they comply with them.
12) Intellectual Property Rights
12.1) We are the owner or the licensee of all intellectual property rights in the Website and Content published by Us or displayed on the Website. Those works are protected by copyright laws and treaties and trademark laws and treaties around the world. All such rights are reserved.
12.2) You may be granted the ability to share, edit, modify, download, or print certain Content. To the extent that You are not granted such ability, You are not entitled to share, edit, modify, download, print, or use in any other way any applicable Content. Where You are granted this ability, You may print off one copy of and may download extracts of Content for Your personal use.
12.3) You must not modify the paper or digital copies of any materials You have printed off or downloaded in any way, and You must not use, share or edit any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text, or without acknowledging the source of such Content.
12.4) The status of the contributors of Content as the authors of Content must always be acknowledged.
12.5) You must not use any part of the Content for commercial purposes without obtaining a licence to do so from Us or Our licensors.
12.6) If You share, modify, edit, copy, download, print off, or use in any other way, any part of the Website or Content in breach of the E-Commerce Customer Terms, Your right to use the Website will cease immediately and You must return or, if so instructed, destroy any copies of the materials, the Website or Content that You have made.
13.1) We do not guarantee that the Website will be secure or free from bugs, viruses or any other harmful or potentially harmful destructive code.
13.2) You are responsible for configuring Your information technology, computer programmes and platform in order to access the Website. You should use Your own virus protection software.
13.3) You must not misuse the Website by knowingly or negligently introducing viruses, trojans, worms, logic bombs, time-bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful to the Website, Our server, or Our service provider’s servers, computers or database connected to the Website (Our system). You must not attempt to gain unauthorised access to the Website or Our system. You must not attack the Website or Our system via a denial-of-service attack, a distributed denial-of-service attack or otherwise. Should You commit a breach of this provision We will report such breach to the relevant law enforcement authorities and We will cooperate with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use the Website will cease immediately.
14) Acceptable Use Policy
14.1) Prohibited Uses
14.1.1) You may use the Website only for lawful purposes. You may not use the Website:
(i) in any way that breaches any Applicable Law;
(ii) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(iii) for the purpose of harming or attempting to harm any natural or juristic person, and in particular any minors, in any way;
(iv) to send, knowingly receive, upload, download, publish, use or re-use any material which does not comply with these E-Commerce Customer Terms;
(v) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
(vi) to knowingly transmit any data, send or upload any material that contains viruses, trojans, worms, logic bombs, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or the Website or Our system (including, but limited to, servers, computers or databases connected to the Website).
14.1.2) You also agree not to:
(i) reproduce, duplicate, copy or re-sell any part of the Website or the Content unless this is expressly permitted by these E-Commerce Customer Terms;
(ii) access without authority, interfere with, damage or disrupt any:
(a) part of the Website;
(b) equipment or network on which the Website is stored;
(c) software used in the provision of the Website; or
(d) equipment or network or software owned or used by any third party.
14.1.3) Contribution Standards
These standards (Contribution Standards) apply to Your use of the Website (including any linking to the Website and use of the review or feedback mechanism on the Website) (Contributions). Whenever You make use of a feature that allows You to upload content to the Website, or to make contact with other users of the Website, You must comply with the Content Standards. You warrant that any such Contribution does comply with the Content Standards, and You will be liable to Us and indemnify Us for any breach of that warranty. This means You will be responsible for any loss or damage We suffer as a result of Your breach of warranty.
- Any content You upload to Our site will be considered non-confidential and non-proprietary. You retain all of Your ownership rights in Your content, but by doing so You grant to Us and other users of the Website a limited, non-exclusive, transferable, irrevocable, sub-licensable, worldwide licence for so long as you have not removed such content, to access, view, use, store and copy that content and to distribute and make it available to third parties. We also have the right to disclose Your identity to any third party who is claiming that any content posted or uploaded by You to the Website constitutes a violation of their intellectual property rights, or of their right to privacy. We have the right to remove any posting You make on the Website if, in Our opinion, Your post does not comply with the Content Standards. You are solely responsible for securing and backing up Your content.
- These standards (Contribution Standards) apply to Your use of the Website (including any linking to the Website and use of the review or feedback mechanism on the Website) (Contributions). Whenever You make use of a feature that allows You to upload content to the Website, or to make contact with other users of the Website, You must comply with the Content Standards. You warrant that any such Contribution does comply with the Content Standards, and You will be liable to Us and indemnify Us for any breach of that warranty. This means You will be responsible for any loss or damage We suffer as a result of Your breach of warranty.
14.2) Contributions or use the Website shall not:
14.2.1) be false, unlawful, harassing, defamatory, abusive, hateful, racial, threatening, harmful, vulgar, obscene, seditious or otherwise objectionable or offensive material of any kind or nature;
14.2.2) be likely to deceive any person;
14.2.3) promote any illegal activity;
14.2.4) breach any Applicable Law;
14.2.5) give the impression that they emanate from Us, if this is not the case;
14.2.6) give the impression that they are endorsed by Us; or
14.2.7) advocate, promote or assist any unlawful act including, but not limited to copyright infringement or computer misuse.
14.3) You warrant that, prior to uploading any Contributions whatsoever as a user, all necessary consents and/or approvals have been obtained from the person in respect of whom the Contribution relates and/or any governmental authority required to approve the disclosure of such Contribution
14.4) Failure to comply with this clause 14, including but not limited to, the Contribution Standards constitutes a material breach of the E-Commerce Customer Terms upon which You are permitted to use the Website, and may result in immediate, temporary or permanent withdrawal of Your right to use the Website and Our taking further legal action against You.
14.5) We shall not be liable for any breach by You or any other user of the terms of this clause 14. You indemnify Us against any and all losses, damages, costs or expenses (whether direct or indirect) that We may suffer or incur and all and any claims which may be brought against Us by any third party in respect of any loss, liability (whether actual, contingent, or otherwise), damage, costs and expenses of any nature whatsoever as a consequence of or which may arise from or be attributable to Your breach of any of the provisions of this clause 13, or any act or omission by You that contravenes Applicable Law.
15) Linking to our website
15.1) You may link to the home page of the Website, provided You do so in a way that is fair and legal and does not damage Our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on Our part where none exists. You must not establish a link to the Website in any website that is not owned, managed or controlled by You. The Website must not be framed on any other site, nor may You create a link to any part of the Website other than the home page. The website in which you are linking must comply in all respects with the content standards set out in clause 14.
15.2) We reserve the right to withdraw linking permission without notice.
15.3) If you wish to link to or make any use of the content on the Website other than that set out above, please contact firstname.lastname@example.org.
16.1) User-Generated Content and Contributions is Not Approved By Us. The Website may include User Content, Contributions, information, and materials uploaded by other users of the Website, including to the review or feedback mechanism on the Website. Such User Content and Contributions, information, and materials have not been verified or approved by Us. The views expressed by other users on the Website do not represent Our views or values. If You wish to complain about User Content uploaded by other users, please Contact Us at email@example.com.
16.2) No Reliance on Information. The Content on the Website is provided for general information only. It is not intended to amount to advice on which You should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content on the Website.
16.2.1) Although We make reasonable efforts to update the information on the Website, We make no representations, warranties or guarantees, whether express or implied, that the Content on the Website is accurate, complete or up to date.
16.2.2) The Website may contain Content provided by persons or entities other than Us, and which Content We may incorporate into the Content in whole or in part, or otherwise make available on or through the Website, and which We will identify on the Website as being provided by third parties. You acknowledge that We have no control over, and accordingly take no responsibility and accept no liability for, any inaccuracy, incompleteness, insufficiency, unavailability or unreliability of any such Content received by Us from such entities or Content which. We may provide such third party Content in whole or in part. We do not represent or endorse the accuracy or reliability of any such Content provided by such other persons or entities or provided by Us. You acknowledge that any reliance upon any such Content or services shall be at Your sole risk.
16.2.3) We may publish Content on or through the Website, and the presentation or publishing of this Content does not create any obligations, undertakings, warranties or guarantees of any kind on Us. We are not obliged and disclaim any obligation to verify that any Content is accurate, or complete. We cannot be held liable for the quality or accuracy of the Content published on or through the Website or any further Content created therefrom.
16.2.4) The Content on or accessed through the Website is provided “as is”, without any conditions, warranties or other terms of any kind. In particular, We make no representations, warranties or guarantees, whether express or implied:
22.214.171.124) that the Content on the Website is accurate, complete or up-to-date; or
126.96.36.199) as to merchantability, title, non-infringement, compatibility, security, accuracy, completeness, sufficiency, availability, adequacy, quality, reliability or fitness for any particular purpose of the content available or created through, published or incorporated or made available, on or through the Website.
16.2.5) Accordingly, to the extent permitted by Applicable Law, We provide You with the Website on the basis that We exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by Applicable Law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for this legal notice, might have effect in relation to the Website and the Content.
17.1) We are Responsible to You for Foreseeable Loss and Damage Caused by Us. If We fail to comply with these terms, We are responsible for loss or damage You suffer that is a foreseeable result of Our breaking this contract or Our failing to use reasonable care and skill, but We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both We and You knew it might happen, for example, if You discussed it with Us during the order process.
17.2) We do not Exclude or Limit Our Liability to You Where It Would Be Unlawful To Do So. This includes liability for death or personal injury, Our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Applicable Law.
17.3) Subject to clause 17.2, We will not be liable to You for any loss or damage, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(i) use of, or inability to use, the Website or any linked website;
(ii) use of or reliance on any Content displayed on the Website or any linked website;
(iii) the corruption of Content or data;
(iv) loss of profits, sales, business, or revenue;
(v) business interruption;
(vi) loss of anticipated savings;
(vii) loss of business opportunity, goodwill or reputation; or
(viii) any indirect or consequential loss or damage.
17.4) We only provide the Website for domestic and private use. You agree not to use the Website for any commercial or business purposes, and We have no liability to in any jurisdiction You for any loss of profit, loss of business, business interruption, or loss of business opportunity.
17.5) Subject to clause 17.2, We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of the Website or to Your downloading of any Content on or through it or on any website linked to it.
17.6) We, all other parties involved in creating, producing, maintaining or delivering the Website or any Content, and all of Our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to You or a third party (including without limitation, any direct, indirect, special, punitive or consequential loss or damages, or any loss of use, income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in delict, contract, breach of statutory duty or otherwise) in connection with the Website or any Content in any way or in connection with the use, inability to use or the results of use of the Website or any Content, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect Your computer equipment, software, data or other property on account of Your access to, use of, or browsing the Website or any Content or Your downloading of any material from the Website or any websites linked to the Website.
17.7) Subject to the rest of this clause 16, Our total liability to You for all other losses arising under or in connection with any contract between Us, whether in contract, delict, breach of statutory duty, or otherwise, shall be limited to the greater of ZAR5,000 and Fifty percent (50%) of the total sums paid by You for products under such contract.
18) Information About Us
18.1) Purpose. www.africanfashioninternational.com is an E-Commerce platform to showcase, sell, and purchase [apparel, footwear, accessories] and other bespoke items carefully selected by Us. We are registered in the Republic of South Africa under the name African Fashion International Proprietary Limited, under the registration number 2004/007988/07 and have Our office at 19 Impala Road, Chislehurston, Sandton, Gauteng, South Africa, 2196
18.2) Physical address for receipt of service of legal documents, AFI chooses the following address for the receipt of legal service: 19 Impala Road, Chislehurston, Sandton, Gauteng, South Africa, 2196
18.3) Contact Us. Email: firstname.lastname@example.org; Telephone: 011 324 1500
20) Governing Law. These E-Commerce Customer Terms, the subject matter and formation, are governed by laws of the Republic of South Africa. You and We both consent and submit to the exclusive jurisdiction of the South Gauteng High Court, Johannesburg, in relation to any dispute arising between us that concerns or relates to these E-Commerce Customer Terms.
21) Entire Agreement. The E-Commerce Customer Terms constitute the entire agreement between Us and You in respect of Your use of the Website and an Order constitutes the entire agreement between Us and You in respect of Your purchase of the Product ordered, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between Us and You, whether written or oral, relating to its subject matter, including but not limited to any and all prior versions of these E-Commerce Customer Terms that may have been published on the Website.
22) If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
23) Even if We delay in enforcing this contract, We can still enforce it later. If We do not insist immediately that You do anything You are required to do under these terms, or if We delay in taking steps against You in respect of Your breaking this contract, that will not mean that You do not have to do those things and it will not prevent Us taking steps against You at a later date. For example, if You miss a payment and We do not chase You but We continue to provide the Products, We can still require You to make the payment at a later date.
24) Remedies. No remedy conferred by these terms is intended to be exclusive of any other remedy that is otherwise available under any Applicable Law. If a party chooses a remedy, this does not prohibit, prevent or limit them also pursuing any other remedy.
25) Interpretation. A reference to any number of days prescribed shall be determined by excluding the first and including the last day or, where the last day is a day that is not a Business Day, the next Business Day. Any word or expression defined in any clause shall bear the meaning given to the word or expression throughout this Agreement. No rule of construction shall be applied to the disadvantage of a party because that party was responsible for or participated in the preparation of these E-Commerce Customer Terms or any Order, or any part of them. All the headings and sub-headings in these E-Commerce Customer Terms are for convenience only and are not to be taken into account for the purposes of interpreting them. Where the words include(s), including or in particular followed by specific examples shall be construed by way of example or emphasis only and shall not be construed, nor shall it take effect, as limiting the generality of any preceding words.
PART C: PAYMENT TERMS & CONDITIONS
26) Detailed description of goods and/or services
African Fashion International Proprietary Limited is a business in the fashion industry that sells Fashion apparel and accessories.
27) Delivery Policy
Subject to availability and receipt of payment, requests will be processed according to below offerings:
(i) In-stock items – 5 to 7 working days
(ii) Pre-Order (Stock Available) – 7 to 10 working days
(iii) Pre-Order (To be Manufactured) – 14 to 21 working days
28) Export Restriction
The offerings on this website is available to both South African and international clients. There is no export restriction.
29) Return and Refunds Policy
The provision of goods and services by African Fashion International Proprietary Limited is subject to availability. In cases of unavailability, African Fashion International will refund the client in full within 14 working days – as per our Refunds Policy
31) Payment options accepted
Payment may be made via Visa, MasterCard and PayPal (for customers outside the borders of the Republic of South Africa)
32) Card acquiring and security
Card transactions will be acquired for African Fashion International Proprietary Limited via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. AFI would also require a payment gateway for non-south African banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
33) Customer details separate from card details
Customer details will be stored by African Fashion International Proprietary Limited separately from card details which are entered by the client on PayGate’s secure site.
For more detail on PayGate refer to www.paygate.co.za.
34) Merchant Outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African R and (ZAR). Products are also offered in USD, EUR and BWP with an add-on conversion app.
African Fashion International Proprietary Limited takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
36) Country of domicile
This website is governed by the laws of South Africa and African Fashion International Proprietary Limited chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature is 19 Impala Road, Chislehurston, Sandton, Gauteng, South Africa, 2196.
African Fashion International Proprietary Limited may, in its sole discretion, change this agreement or any part thereof at any time without notice.
38) Company information
This website is run by African Fashion International Proprietary Limited based in South Africa trading as African Fashion International and with registration number 2004/007988/07
39) African Fashion International Proprietary Limited contact details
Company Physical Address: 19 Impala Road, Chislehurston, Sandton, Gauteng, South Africa
Telephone: 011 324 1500
If you have additional queries regarding the delivery of your order, please reach out to us on email@example.com. Alternatively, you can start a chat with us on the website.
1) How will my order be delivered?
All products will be delivered to the address specified by you when you place your order, by hand or by the courier we select.
2) Who pays for delivery?
We reserve the right to charge You for delivery of your order. The below charges are subject to change without any prior notice.
2.1.2) Orders above R2000 will have the delivery cost covered by us.
2.2.1) All international orders are required to pay for delivery as specified at checkout.
2.2.2) Recipients of international shipments may be subject to import taxes, fees, and customs duties levied by the customs office of your shipping destination. Import Fees vary according to the customs regulations of the destination country and is the responsibility of the recipient (customer).
3) When will I receive my order?
Subject to availability and receipt of payment, requests will be processed according to below offerings:
(i) In-stock items – 5 to 7 working days
(ii) Pre-Order (Stock Available) – 7 to 10 working days
(iii) Pre-Order (To be Manufactured) – 14 to 21 working days
*Got your eye on a pre-order item but worried about when you'll receive your order?
If you'd like a more specific timeframe for when your preferred pre-order item will be ready, please reach out to us at firstname.lastname@example.org or via the chat box on the website.
All other delivery information can be found in the Terms of Service.