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Terms & Conditions

INFORMATION

Fashioncentre.co.za Website Terms and Conditions

1. Introduction

1.1. Welcome to fashioncentre.co.za! We’re thrilled to have you here. Fashioncentre.co.za is the online platform owned and operated by Shopcentre South Africa (Pty) Ltd., trading as Fashion Centre. Throughout these Terms and Conditions, when we refer to “Fashion Centre,” “we,” “us,” or “our,” we mean Shopcentre South Africa (Pty) Ltd.

1.2. What These Terms Cover:

  • These Website Terms and Conditions govern various aspects:
    • Ordering, sale, and delivery of Goods.
    • Use of the Website.

1.3. Your Agreement:

  • By accessing or using this Website, you (referred to as “you,” “your,” or “user”) acknowledge that you’ve read and agree to be bound by these Terms and Conditions.
  • This includes registered users who click on the “Register Now” or “Sign up” button.

1.4. Our Offerings:

  • Our Website offers an extensive range of Goods, including:
    • Footwear
    • Apparel
    • Sportswear
    • Home and kitchenware
    • Baby and toddler products
    • Electronics
    • Health and beauty items
    • Gaming products
    • Books
    • Music
    • Toys
    • Pet supplies

2. Important Notice

2.1. Applicability to Consumers:

  • These Terms and Conditions apply to users who qualify as consumers under the Consumer Protection Act, 68 of 2008 (the “CPA”).

2.2. Key Provisions:

  • Pay attention to the following:
    • Risk and Liability: Some clauses limit Fashion Centre’s risk or liability, while others may create risk or liability for users. Additionally, certain provisions may require users to indemnify Fashion Centre or acknowledge specific facts.
    • Understanding: If any provision is unclear, seek clarification from Fashion Centre before accepting these Terms and Conditions or continuing to use the Website.
    • CPA Compliance: Nothing in these Terms and Conditions unlawfully restricts or avoids rights or obligations created by the CPA.

2.3. Review Carefully:

  • These Terms and Conditions are essential and should be carefully reviewed.
  • If you have questions about any provision, ask Fashion Centre for clarification before acceptance.

2.4. Unconditional Acceptance:

  • Your use of this Website constitutes unconditional acceptance of all Terms and Conditions. If you disagree, please refrain from using the Website.

2.5. Sections Breakdown:

  • The Terms and Conditions are divided into the following sections:
    • Part A: Orders and Sales
    • Part B: Privacy Policy
    • Part C: General Legal Terms

 

3. Returns

Please refer to our Returns Policy for detailed information regarding order cancellations after delivery and the process for returns, including related refunds, replacements, or repairs. The Returns Policy is incorporated by reference, meaning it forms an integral part of these Terms and Conditions.

PART A – ORDERS AND SALES

4. Registration and Use of the Website

4.1. Registered Users Only:

  • Only registered users are eligible to place orders for Goods on the Website.

4.2. User Registration:

  • To become a registered user, follow these steps:
    • Provide a unique email address and password.
    • Submit necessary information and personal details to Fashioncentre.
    • Use your unique email address and password to access the Website for purchasing Goods.

4.3. Username and Password Responsibilities:

  • You agree and warrant that:
    • Your username and password are for personal use only.
    • You will not disclose your username and password to any third party.

4.4. Security Measures:

  • For security purposes, always enter the correct username and password when ordering Goods. Failure to do so may result in denied access.

4.5. Liability for Orders:

  • Once the correct username and password associated with your account are entered, you are liable for payment of any order placed—regardless of whether the use was unauthorized or fraudulent.
  • Exceptions apply if you cancel the order in accordance with these Terms and Conditions.

4.6. Unauthorized Access or Suspected Breach:

  • Promptly notify Fashioncentre if you become aware of or reasonably suspect any unauthorized access to or use of your username and password.
  • Take necessary steps to mitigate any resulting loss or harm.

4.7. Age and Legal Capacity:

  • By using the Website, you warrant that you are 18 years of age or older and legally capable.
  • If you are under 18 or lack legal capacity, use the Website only with parental or legal guardian involvement and supervision.
  • If supervised, your parent or legal guardian agrees to be bound by these Terms and Conditions and assumes responsibility for your obligations.

 

4.8. Use of the Website

4.8.1. Proper Functioning:

  • You agree not to interfere with the proper working of the Website using any device, software, or other instrument.
  • Specifically, you will not attempt to modify, copy, distribute, or monitor the Website or its information without prior written consent from an authorized Company representative.
  • Standard search engine technology employed by Internet search websites (e.g., indexing) is exempt from this restriction.

4.9. Content Restrictions:

  • You may not use the Website to distribute material that is defamatory, offensive, constitutes hate speech, or is otherwise unlawful.

4.10. Use Restrictions:

  • You may not display, publish, copy, print, post, or otherwise utilize the Website or its information without express prior written consent from an authorized Company representative.

5. Conclusion of Sales and Availability of Stock

5.1. Order Acceptance:

  • Registered users can place orders for Goods.
  • Fashioncentre’s acceptance of an order depends on:
    • Availability of Goods
    • Correctness of Goods information (including price)
    • Receipt of payment or payment authorization by Fashioncentre.

5.2. Agreement of Sale (“Sale”):

  • Fashioncentre indicates acceptance by delivering the Goods to you.
  • The Sale comes into effect at that point, regardless of any prior communication about order confirmation or payment status.
  • Rejection of an order results in cancellation and prompt refund of any amount already paid.

5.3. Cancellation After Payment:

  • Orders cannot be canceled after Fashioncentre receives payment for the Goods.
  • Post-dispatch, you may cancel the Sale only following the Returns Policy.

5.4. Incomplete Purchase Cycles:

  • Placing Goods in your shopping basket without completing the purchase cycle does not constitute an order.
  • Goods may be removed from the basket if stock is no longer available.
  • Fashioncentre cannot be held liable if Goods are unavailable when you attempt to complete the purchase later.

5.5. Limited Stock Acknowledgment:

  • You acknowledge that the stock of all Goods on offer is limited.
  • For Goods sold by Fashioncentre, we make reasonable efforts to monitor stock levels.
  • If stock is no longer available, we discontinue offers on the Website.
  • In cases where Goods are no longer available after you’ve placed an order, Fashioncentre will promptly notify you, and you’ll be entitled to a refund for the amount paid.

5.6. Fragrances and Warranty:

  • Please note that all fragrances have been imported without the approval of the manufacturer or its licensed supplier.
  • Consequently, these goods will not be covered by the manufacturer’s or licensed supplier’s warranty.
  • However, the Fashioncentre Returns Policy applies to all items purchased on Fashioncentre.co.za.

6. Payment

6.1. Secure Online Payment:

  • We are committed to providing secure online payment facilities.
  • All transactions are encrypted using appropriate encryption technology.

6.2. Payment Methods:

  • Payment for Goods may be made via any of the available payment methods shown during checkout (subject to availability and your eligibility).

6.3. Debit Card/Credit Card Payments:

  • When paying by debit card or credit card, we may require additional information for authorization and validity verification.
  • We reserve the right to withhold delivery until we receive the necessary information and obtain authorization for the amounts.
  • You warrant that you are fully authorized to use the supplied debit card/credit card for payment and that it has sufficient available funds to cover all costs incurred.

6.6. Payment Records:

  • Contact us via email at support@fashioncentre.co.za to obtain a full record of your payment.
  • We will also send you emails regarding your order and payment.

6.7. Secure Payment Site:

  • Once you’ve selected your payment method and accepted these Terms and Conditions, you’ll be directed to a secure site for payment of the applicable purchase price for the Goods.

7. Delivery of Goods

7.1. Delivery Method:

  • Fashioncentre offers one method of delivering Goods to you: via courier.

7.2. Shipping Details:

  • Please refer to our delivery and shipping terms and conditions for comprehensive information.

7.3. Delivery Fees:

  • Fashioncentre charges a standard delivery fee of R120.00 for orders with a value below R1500.00.
  • Orders above R1500.00 qualify for free delivery.

7.4. Nationwide Lead Time:

  • The lead time for delivery of items nationwide is 2-5 business days.

7.5. Delivery Period:

  • Upon accepting your order, Fashioncentre will deliver the Goods to you as promptly as possible but no later than 30 days from receipt of your payment.
  • If we are unable to deliver within this period, we will notify you.
  • You then have 7 days to decide whether to cancel your order. If you choose to cancel, we will reimburse you for the purchase price.

8. Errors

8.1. Accuracy Efforts:

  • We strive to accurately reflect the description, availability, purchase price, and delivery charges of Goods on the Website.
  • However, if any errors occur (not due to our gross negligence), we shall not be liable for losses, claims, or expenses related to transactions based on such errors.
  • In cases of incorrect purchase prices, we will refund the amount already paid or follow the Returns Policy.

9. Vouchers and Coupons

9.1. Electronic Vouchers and Coupons:

  • Fashioncentre periodically sells electronic gift vouchers (“Vouchers”) and provides electronic promotional codes (“Coupons”).
  • These can be used on the Website toward the purchase of Fashioncentre products.

9.2. Vouchers

9.2.1. Voucher Validity:

  • Vouchers remain valid for a period of 3 years from the date of sale.
  • If your Voucher remains unused during this period, it will expire.

9.2.2. Voucher Usage Guidelines:

  • Vouchers cannot be used to purchase other vouchers or coupons.
  • They are non-transferable and can only be redeemed using the original email address to which they were sent.
  • Vouchers do not accrue interest and are non-refundable for cash once purchased.

9.2.3. Insufficient Voucher Value:

  • If the value of your Voucher is insufficient to cover the total order amount, you can make up the difference by using one of our other payment methods.

9.3. Coupons

9.3.1. Coupon Issuance:

  • Coupons are issued at Fashioncentre’s sole discretion.
  • Users don’t have an inherent right to Coupons; they’re provided under specific terms and conditions that regulate their use.

9.3.2. General Coupon Rules:

  • Unless specified otherwise on the specific Coupon:
    • Each Coupon can be used only once, typically alongside promotional offers on the Website.
    • Normally, only one Coupon can be applied per person (unless Fashioncentre specifies otherwise).
    • The Coupon’s value will offset the total cost of your shopping basket, and any remaining balance will be payable by you.

9.3.3. Limitations:

  • Coupons cannot be used to purchase additional vouchers or other coupons.
  • They are not exchangeable for cash and cannot be transferred to another person.

9.3.4. Special Promotions:

  • If Fashioncentre is running a special promotion on the Website where discounts are automatically applied during checkout:
    • If you attempt to redeem a Coupon alongside such an automatic discount, the Website will prioritize the promotion that provides greater value or benefit to you.

9.4. Site Promotions

  • Fashioncentre loves to keep things exciting! From time to time, they roll out promotions:
    • Sometimes it’s all about spotlighting specific products.
    • Other times, it’s a grand celebration across the entire site!
  • Each promotion comes with its own set of terms and conditions.
  • Keep an eye out for promo codes—you might need to apply them during checkout for that extra dose of savings.

 

PART B - Privacy Policy

11. Privacy Policy

We highly value your privacy and take all reasonable measures to protect it. Our detailed Privacy Policy outlines how we handle your personal information. By using our services, you implicitly agree to the terms outlined in our Privacy Policy.

PART D – General Legal Terms

12. Changes to These Terms and Conditions

12.1. Fashioncentre’s Discretion:

  • Fashioncentre reserves the right to modify any of these Terms and Conditions at any time.
  • It’s your responsibility to regularly review these terms and ensure your satisfaction with any changes.
  • If you’re not satisfied, refrain from placing further orders or using the Website.

12.2. Application of Changes:

  • Any amendments will apply to your use of the Website after they are displayed.
  • By continuing to use the Website, you implicitly accept any such changes.

13. Electronic Communications

  • When you visit the Website or send emails to us, you consent to receiving communications from Fashioncentre.

14. Ownership and Copyright

14.1. Protected Content:

  • The Website’s contents (Website Content) are protected by law, including copyright and trademark law.
  • Website Content includes material, information, data, software, icons, text, graphics, images, sound clips, advertisements, video clips, trade names, logos, trademarks, designs, and service marks.
  • It belongs to Fashioncentre, its advertisers, sponsors, or is licensed to Fashioncentre.

14.2. No Acquisition of Rights:

  • You won’t acquire any right, title, or interest in the Website or its Content.

14.3. Prohibited Use:

  • Unauthorized use, distribution, or reproduction of Website Content is strictly prohibited unless expressly authorized by these Terms and Conditions or provided for by law.
  • For commercial use permissions, contact business@shopcentre.co.za.

14.4. Third-Party Content:

  • If any Website Content is licensed to Fashioncentre or belongs to a third party, your rights of use are subject to their terms and conditions.
  • You agree to comply with any third-party terms and conditions.

 

15. Disclaimer

15.1. Use at Your Own Risk:

  • Your use of the Website is entirely at your own risk.
  • You assume full responsibility for any risk or loss resulting from using the Website or relying on any information provided therein.

15.2. Accuracy and Completeness:

  • While Fashioncentre takes reasonable measures to ensure accurate and complete content on the Website:
    • We make no representations or warranties, whether express or implied, regarding the quality, timeliness, operation, integrity, availability, or functionality of the Website.
    • We do not guarantee the accuracy, completeness, or reliability of any information on the Website.

15.3. Liability Disclaimer:

  • Fashioncentre disclaims liability for any direct, indirect, or consequential damage, loss, or liability arising from your access to or use of the Website, unless otherwise provided by law.

15.4. Goods Warranty vs. Website Content:

  • While Goods sold from the Website may be under warranty in specific circumstances:
    • The Website itself and all information provided are provided “as is,” without warranty of any kind (express or implied).
    • This includes implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as allowed by law.

15.5. Views and Statements:

  • Any views or statements expressed on the Website do not necessarily reflect the views of Fashioncentre, its directors, employees, or agents.

15.6. Viruses and Risks:

  • Fashioncentre makes no warranty or representation that the information or files available on the Website are free of viruses, spyware, malware, trojans, or other destructive materials.
  • You accept all risk associated with such risks, except where they arise due to gross negligence or willful misconduct by Fashioncentre, its employees, agents, or authorized representatives.
  • Fashioncentre disclaims all liability for any damage, loss, or liability arising from your access to or use of the Website.

16. Linked Third Party Websites

16.1. Third Party Websites:

  • The Website may contain links or references to other websites (“Third Party Websites”) beyond our control, including those of advertisers.
  • These Terms and Conditions do not apply to Third Party Websites, and Fashioncentre is not responsible for their practices or privacy policies, including any use of cookies.

16.2. Use at Your Own Risk:

  • Your use of Third Party Websites is entirely at your own risk.
  • Fashioncentre disclaims any liability for loss, expense, claim, or damage arising from your use of such Third Party Websites or reliance on their information.

17. Limitation of Liability

17.1. Accuracy and Prices:

  • While we strive for accuracy, Fashioncentre is not liable for any inaccurate information published on the Website or incorrect prices displayed.
  • Exceptions apply when such liability arises from gross negligence or willful misconduct.

17.2. Loss or Damages:

  • Fashioncentre shall not be liable for direct, indirect, incidental, special, or consequential loss or damages resulting from your use of the Website or reliance on its content.
  • This includes any inability to use the Website or unlawful activity on the Website or linked third-party sites.

17.3. Indemnification:

  • By using this Website, you indemnify Fashioncentre against any loss, claim, or damage arising from your use of the Website or linked third-party sites.

18. Availability and Termination

18.1. Website Availability:

  • We make reasonable efforts to maintain the availability of the Website, except during scheduled maintenance periods.
  • We reserve the right to discontinue providing the Website or any part thereof, with or without notice to you.

18.2. Termination and Modification:

  • Fashioncentre may, at its sole discretion:
    • Terminate
    • Suspend
    • Modify the Website
  • This will not affect any orders made by you prior to such changes (to the extent possible).

18.3. Non-Compliance:

  • Failure to comply with your obligations under these Terms and Conditions (including payment for Goods) may lead to suspension of your access to the Website.
  • Any claims for damages remain unaffected.

18.4. Preventing Abuse:

  • Fashioncentre reserves the right to take action if:
    • Suspected fraud occurs
    • Abuse of the Website or Return Policy is detected
    • Multiple user profiles are created to exploit promotions or Coupons intended for single use

18.5. Fashioncentre’s Liability:

  • Fashioncentre is not liable for any loss or damages resulting from actions taken in accordance with clause 18.

19. Governing Law and Jurisdiction

19.1. Governing Law:

  • These Terms and Conditions, as well as our relationship and any disputes arising from or related to these Terms and Conditions, shall be governed and interpreted in accordance with the laws of the Republic of South Africa.

19.2. Jurisdiction:

  • By continuing to use the Website, you consent to the jurisdiction of the South African courts regarding all proceedings, transactions, applications, or similar matters between the parties arising from these Terms and Conditions.
  • In case of any dispute between you and Fashioncentre:
    • You hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town), even if the claim amount falls below the court’s usual monetary jurisdiction.

19.3. Consumer Protection Act (CPA):

  • Nothing in this clause limits your right to approach any court, tribunal, or competent forum under the CPA.

20. Notices

20.1. Nominated Address:

  • Fashioncentre designates Unit 3, 13 Allen Road, Selection Park, Springs, 1559 as its address for formal notices and legal processes related to these Terms and Conditions.
  • Fashioncentre may update this address from time to time.

20.2. Your Nominated Address:

  • You may select the address specified on the Goods order form as your nominated address.
  • You can change it by providing at least 7 days’ written notice to Fashioncentre.

20.3. Sending Notices:

  • Notices must be sent by:
    • Hand delivery (deemed received on the date of delivery)
    • Prepaid registered post (deemed received 10 days after posting)
    • Telefax (before 16h30 on a business day, or the following business day if sent after 16h30 or on a non-business day)
    • Email (with “Read Receipt” function for proof of receipt)

21. Fashioncentre Information

For the purposes of the ECT Act, Fashioncentre’s information is as follows:

  • Full Name: Fashioncentre, a division of Shopcentre South Africa (Pty) Ltd. t/a fashioncentre.co.za
  • Registration Number: 2021/508913/07
  • Main Business: Online retailer
  • Physical Address for Legal Service: Unit 3, 13 Allen Road, Selection Park, Springs, 1559 (marked for attention: CEO and Legal)
  • Office Bearers: Sean Bouwer / Werner van Schalkwyk
  • Phone Numbers: 010 001 8416 / 073 395 726
  • PAIA Manual: The manual published in terms of section 51 of the Promotion of Access to Information Act 2000 may be downloaded from here.

Third-Party Sellers’ information is available in the relevant Product listing and/or via the customer support center accessible through our Help page.

  • Intellectual Property Complaints:
    • If you have an intellectual property infringement complaint, please email business@shopcentre.co.za.
    • Include specific URLs related to your complaint and copies of South African/CIPC-issued certification supporting your claim.
    • We’ll investigate and respond in good faith.

22. General

22.1. Suspension or Termination:

  • Fashioncentre, at its sole discretion, may suspend or terminate the operation of the Website or a user’s right to use the Website or its contents.
  • This action can occur at any time and for any reason, with or without prior written notice.
  • Any orders already made by you will be processed as usual.

22.2. Rights and Obligations Transfer:

  • You may not cede, assign, or otherwise transfer your rights and obligations under these Terms and Conditions to any third party.

22.3. Enforcement of Rights:

  • Failure by either party (you or Fashioncentre) to enforce any right in these Terms and Conditions does not constitute a waiver of that right.

22.4. Invalid Terms:

  • If any term or condition herein is declared invalid, the remaining terms and conditions remain in full force and effect.

22.5. Written Variations:

  • No variation, addition, deletion, or agreed cancellation of the Terms and Conditions is effective unless in writing and accepted by the parties.

22.6. Indulgences and Rights:

  • No indulgence, extension of time, relaxation, or latitude granted by one party (the “grantor”) to the other (the “grantee”) constitutes a waiver of the grantor’s rights.
  • The grantor can still exercise its rights against the grantee, whether arising in the past or future.

22.7. Entire Agreement:

  • These Terms and Conditions constitute the entire agreement between you and Fashioncentre.
  • No other warranty or undertaking is valid unless explicitly contained in this document between the parties.