Terms and Conditions
Last updated on 19/11/2021.
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.houseofnala.africa;
- 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
- Only registered users may order Products on the Website. See clause 10.2 below for how to register as a user.
- 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 on until accepted by Us. We may, in Our sole discretion, accept amendments to an Order requested by You after Our acceptance of the Order.
- 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.
- 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.
- 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
- 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. Although We have made every effort to be as accurate as possible, because some of Our Products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on Our Website have a % tolerance.
- Product Packaging May Vary. The packaging of the Product may vary from that shown in images on the Website.
- 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
- 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.
- We Price Our Products in South African Rands. The price of the Product is quoted in United States dollars because of the international brands We supply. On the order pages, We will provide You with the price in Unites States dollars, and will provide You with an indication of what this price equates to in Your local currency (if You have specified this) for Your information purposes. While We use Our best efforts to provide You with an accurate indication of the price in Your local currency, We are unable to tell You exactly what it will be, because the exchange rate changes very often and this will also depend on the specific rate Your bank uses. Please check with Your bank if You want a better idea of what the price will be in Your local currency.
- 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, MasterCard and American Express and by EFT].
- 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.
- EFT. You will be redirected to Our secure payment gateway and asked to select Your bank. Our bank details will be displayed, along with instructions regarding references. We require proof of payment to be sent to firstname.lastname@example.org before Your Order will be processed.
- 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.
- 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.
- If You Fail to Pay. If We have not received payment for an Order within [5 Business 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 [5 Business Days] after the reminder, We can choose to cancel the Order and, if We do, then You will need to submit a new Order for those Products.
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.
6. Delivering the Products
- Delivery Method. All Products will be delivered to the address specified by You when You place Your Order, by the courier We select.
- Who Pays the Costs of Delivering a Product? We cover the costs of delivering standard Products to all Customers based in South Africa. However, We reserve the right to charge You for delivering large or heavy Products. If You are a foreign Customer, You must pay for delivery, as specified at [LINK TO CHARGES].
- When We Will Deliver the Product. We will contact You with an estimated delivery date, which will be within [10 Business Days] after the later of the day on which We accept Your Order and the day You pay for the Product.
- 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.
- 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.
- If You Do Not Re-Arrange Delivery. If, after a failed delivery to You, You do not re-arrange delivery within 7 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.
- 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.
- When You Own the Product. You own the Product once the Product has been delivered.
- Reasons We May Suspend the Delivery of a Product to You. We may have to suspend the delivery of a Product to:
- – deal with technical problems or make minor technical changes;
- – update the Product to reflect changes in relevant laws and regulatory requirements;
- – make changes to the Product as requested by You or notified by Us to You.
- 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 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.
- 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 write to us at email@example.com AND 19 Impala Road, Sandton, 2196 Please also look at Our Returns Policy.
- Returning any Products. Please read Our Returns Policy, which forms part of these E-Commerce Customer Terms.
PART B: USE OF THE WEBSITE & GENERAL
8. We May Make Changes to the E-Commerce Customer Terms
- 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.
- 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.
9. We May Make Changes to the Website.
- 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.
- 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.
10. Accessing the Website
- The Website is made available to registered users only.
- 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.
- 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.
- If You know or suspect that anyone other than You knows Your username or password, You must promptly notify Us at firstname.lastname@example.org.
- 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.
- We do not guarantee that the Website or any Content will be free from errors or omissions.
- You are responsible for making all arrangements necessary for You to have access to the Website and Content.
- 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.
11. Intellectual Property Rights
- 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.
- 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.
- 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.
- The status of the contributors of Content as the authors of Content must always be acknowledged.
- You must not use any part of the Content for commercial purposes without obtaining a licence to do so from Us or Our licensors.
- 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.
- We do not guarantee that the Website will be secure or free from bugs, viruses or any other harmful or potentially harmful destructive code.
- 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.
- 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 co-operate 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.
13. Acceptable Use Policy
13.1. Prohibited Uses
- 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).
- 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.
13.2. 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.
13.2.3. Contributions or use the Website shall not:
- 126.96.36.199 be false, unlawful, harassing, defamatory, abusive, hateful, racial, threatening, harmful, vulgar, obscene, seditious or otherwise objectionable or offensive material of any kind or nature;
- 188.8.131.52 be likely to deceive any person;
- 184.108.40.206 promote any illegal activity;
- 220.127.116.11 breach any Applicable Law;
- 18.104.22.168 give the impression that they emanate from Us, if this is not the case;
- 22.214.171.124 give the impression that they are endorsed by Us; or
- 126.96.36.199 advocate, promote or assist any unlawful act including, but not limited to copyright infringement or computer misuse.
13.3. 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
13.4. Failure to comply with this clause 13, 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.
13.5. We shall not be liable for any breach by You or any other user of the terms of this clause 13. 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.
14. Rules about Linking
- 14.1. 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 13.
- 14.2. We reserve the right to withdraw linking permission without notice.
- 14.3. If you wish to link to or make any use of content on the Website other than that set out above, please contact email@example.com.
15.1. 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 firstname.lastname@example.org.
15.2. 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.
- 15.2.1. 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.
- 15.2.2. 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.
- 15.2.3. 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.
- 15.2.4. 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:
- 188.8.131.52 that the Content on the Website is accurate, complete or up-to-date; or
- 184.108.40.206 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.
- 15.2.5. 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.
- 16.1. 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.
- 16.2. 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.
- 16.3. Subject to clause 16.2, 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.
- 16.4. 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.
- 16.5. Subject to clause 16.2, 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.
- 16.6. 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.
- 16.7. 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 5000 and Fifty percent (50%) of the total sums paid by You for products under such contract.
17. Information About Us
- 17.1. Purpose. www.houseofnala.africa 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
- 17.2. 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 Contact us.
- 17.3. Email: email@example.com; Telephone: 011 324 1500
19. 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.
20. 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.
21. 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.
22. 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.
23. 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.
24. 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.
Payment Terms and Conditions
1. 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.
2. Delivery Policy
Subject to availability and receipt of payment, requests will be processed within seven business days (unless custom-made) and delivery confirmed by way order number.
(for e.g. booking number / booking voucher etc. and must mention the use of courier and/or postal services and associated costs, if applicable.). This aligns to the contract terms with our designers.
3. Export Restriction
The offerings on this website is available to both South African and international clients. There is no export restriction.
4. 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 3 days.
6. Payment options accepted
Payment may be made via Visa and MasterCard.
7. Card acquiring and security
Card transactions will be acquired for African Fashion International Proprietary Limited via PayGate (Pty) Ltd who are the approved payment gate way 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.
8. 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 o n PayGate’s secure site.
For more detail on PayGate refer to www.paygate.co.za.
9. 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 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.
11. 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 ex ecutandi 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.
13. 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
14. African Fashion International Proprietary Limited contact details
Company Physical Address: 19 Impala Road, Chislehurston, Sandton, Gauteng, South Africa
Telephone: +27 011 324 1500