Terms & Conditions
www.fashionhub.co.za (“the Site”) enables registered users to shop online for international and local brands of clothing, shoes and accessories (“the Products”).
Although visitors to the Site (“Users” or “you”) will be able to browse the Site and all Products on offer, only those Users who register online for the use of the site (“Registered User” or “you”) will be able to make purchases.
2 LEGALLY BINDING CONTRACT
All Users, including Registered User and those Registered User who purchase any products on the Site (“Purchasers”) are bound by these terms and conditions (“T&C”) and by browsing or using the Site in any way, you hereby acknowledge that you have read and accepted these T&C.
If you do not agree to these T&C, do not register with or continue to use the Site. Your registration and/or continued use of the Site will constitute acceptance of the T&C, unmodified by you.
3 WHO YOU ARE CONTRACTING WITH
The Site (www.fashionhub.co.za) is owned and operated by Fashion Core (Pty) Ltd, registration number 2012/162777/07, a company incorporated in the Republic of South Africa (hereinafter referred to as “Fashion Core”).
4 PRODUCTS & AVAILABILITY
Please note that stocks of all Products on offer are limited.
FashionHub shall take all reasonable efforts to ensure that when stock is no longer available, that offers thereof are discontinued. However, should FashionHub be unable to fulfil any Order placed by you at the advertised price due to stock having sold out, FashionHub will notify you and you will be entitled to a refund of the amount paid by you for such product, as explained in more detail in the FashionHub Returns Policy
5 PURCHASING PRODUCTS
As a Member, the Site will enable you to place electronic orders (“Order”) for one or more Products offered, for so long as such Products are still available and have not sold out.
A purchase agreement between you and FashionHub (“Purchase”) only comes into effect if you electronically submit a properly completed Order for one or more Products in your shopping basket AND payment is either authorised or received by FashionHub into its bank account, subject to stock of the Product concerned being available.
Products cannot be reserved for later purchase, and placing a Product in your shopping basket without completing the purchase does not constitute an Order for, or a Purchase of such Product. Consequently, prior to actual Purchase, FashionHub may remove any Product from your shopping basket if stock of the Product is no longer available, or if 30 minutes has elapsed, and you cannot hold FashionHub liable if any Product is not available when you attempt to complete the Purchase at a later stage.
Note that should you wish to purchase a Product as a gift for someone else, you should specify the fact that the Product will be a gift where indicated when placing your Order, failing which the Order will be deemed to be for you personally.
The invoice in respect of your Purchase will be available online in the "My Account" section of the Site. A copy of such invoice will also be included with the Product when delivered; unless you have indicated that the Product is a gift (as aforesaid) in which case a gift delivery slip will be included with the Product instead.
6 TERMINATION OF PURCHASES & CANCELLATION OF ORDER
6.1 By FashionHub: FashionHub reserves the right, for purposes of preventing suspected fraud, to refuse to accept or process payment on any Order and/or to cancel any Purchase, in whole or in part, on notice to you. FashionHub shall only be liable to refund monies already paid by you in respect of the cancelled portion of the Order (see FashionHub’s Returns Policy in this regard).
By You: You are entitled to cancel any Order/s or Purchase/s as provided for in the Returns Policy.
If Any order is Cancelled before the Delivery Period has lapsed will be charged a 25% cancelation fee.
6.2 Please note that all goods bought on the FashionHub.co.za website will only be returnable via FashionHub (both through our approved courier partners and at our premises, during working hours). No returns will be accepted, alternations made, manufacturing defaults correct or exchanges offered at any of the store chains, independent stores or boutique stores who sell on FashionHub.co.za.
7 AMOUNTS PAYABLE BY YOU
The price of each Product is displayed with the Product listing. In the event of a sale or special offer, the discounted price is displayed.
7.2 Delivery Charges
Save for certain exceptions, delivery is free of charge. Please see details of these exceptions by clicking here. You will in any event be informed of any delivery charges prior to the finalisation of your Order.
FashionHub shall take all reasonable efforts to accurately indicate Purchase Prices and delivery charges. However, should Products be erroneously offered at incorrect Purchase Prices and/or delivery charges, FashionHub will not be obliged to sell Products at such incorrect Purchase Prices and/or delivery charges and shall only be liable to refund monies paid should you not wish to proceed with the Purchase at the correct Purchase Price and/or delivery charge.
8 PAYMENT BY PAYU
Purchases may currently be paid for by credit cards via PayU.
At the time of placing the Order, the transaction details are presented to the bank and an authorization is obtained for the amount of the Order. If such authorisation is not obtained, the Order will be cancelled. If authorisation is obtained, payment is usually immediate.
You warrant that you are fully authorised to use the credit card supplied for purposes of paying for your Order and that this credit card has sufficient available funds to cover all of the costs incurred as a result of using the Services.
9.1 Place of delivery
FashionHub only delivers Products within the Republic of South Africa.
As Purchaser, you will be able to specify the place of delivery within South Africa, and the contact number(s) to be used in relation to the delivery, for each Order when you place such Order.
Products will be delivered to the delivery address specified by you during the Order process and if nobody is at the address when the delivery is made, our courier will contact the mobile number you provided to us in the relevant Order and/or a notice of attempted delivery may be put through the letterbox. Our courier will attempt re-delivery one more time thereafter, but if delivery is again unsuccessful, it will be your responsibility to contact the courier company to either arrange that you collect the package from the courier’s nearest depot or to agree upon a new delivery date with the courier. If you have not contacted the courier within a reasonable time, then the package will be sent back to FashionHub who will contact you via email to arrange a possible re-delivery at your expense. If attempted contact is unsuccessful within a reasonable period of time, FashionHub will merely refund you.
9.2 Delivery time and delays
Unless otherwise stated to you prior to placing the Order to final confirmation thereof, the estimated shipping time for an order is between 3 and 7 working days from the date of your purchase.
FashionHub may also notify you of the dispatch of your Order via email (to the email address we have on record for you) summarizing the Products sent.
9.3 Partial Delivery
You will be informed of the partial delivery of an Order by e-mail. A second e-mail will be sent informing you of the delivery of the other Products ordered, if applicable.
In the event of a partial delivery, there will be a delivery note in the package summarising the Products which can be found inside it.
9.4 Delivery Made
Each delivery is deemed to have been made once the Product has been handed over to an individual at your chosen delivery address, including when this is done by the courier, as recorded in the tracking system used by the courier.
It is your responsibility as Purchaser, to ensure that you or your intended gift recipient (if applicable) check the package upon arrival and make any reservations and claims which might appear to be justified, or even to refuse the package, if it is likely to have been opened or if it shows clear traces of damage. The aforesaid reservations and claims must be sent to the courier by registered letter (with acknowledgement of receipt) and a copy must simultaneously be sent to FashionHub.
9.5 Lost Packages
If neither the depot nor the tracking system (in the "My Delivery" section) show any trace of the package, you must then get in touch with FashionHub by way of email to firstname.lastname@example.org or by contacting the Call Centre at 011 568 0122.
If the package is found it will then be sent to the specified delivery address, following the normal procedure as set out in this clause 9 (ie delivery of the package or notice of attempted delivery).
If the package is declared to be lost, Fashionhub will notify the Purchaser and refund the Purchaser for the lost package (both the Product purchase price and any delivery charges).
As a Member, the site will enable you to place electronic Pre-Orders for one or more products offered.
You are liable for any Pre-Order payments in advance – ie. you will be required to make payment at the time of placing the Pre-Order.
Your items’ expected shipping date will be included in the information at the bottom of the details tab once you’ve placed your Pre-Order.
When placing multiple orders (normal orders and Pre-Orders in the same basket), your orders will ship out together at the latest date.
If you’d like to avoid this, please add your Pre-Order item to its own basket. This will ensure that your other items are delivered timeously.
In the unlikely event that a supplier’s product delivery is delayed, our contact centre will keep you informed.
All products need to be returned within 7 (working) days of receipt. Please refer to The Returns Policy, which regulates your rights in this regard.
10 DEFECTS, REFUNDS & RETURNS
Should you not be satisfied with any Product purchased by you by reason of a defect, incorrect choice of Product, or otherwise, you may, under certain circumstances, be entitled to either be credited, refunded or have the Product repaired or replaced, as the case may be. The Returns Policy regulates your rights in this regard.
11 SALES RECORDS
A full record of every Purchase and related transaction between you and FashionHub shall be maintained on the Site for a period of 12 months following the date of such Purchase or related transaction. You can view and print such record during the 12 month period, where after you are responsible for retaining your own record of the relevant sale or related transaction.3
12 VOUCHERS & COUPONS
FashionHub may make physical and/or electronic gift vouchers (“Vouchers”) and promotional vouchers/coupons (“Coupons”) available from time to time. Gift Vouchers may be made available for purchase on the Site, while Promotional Coupons may be available through the Site and/or third party websites, magazines and/or other media.
Vouchers and Coupons can only be redeemed while they are valid (their specified expiry dates being unable to be extended), on the Site towards the purchase of Products listed on the Site.
12.2 Gift Vouchers
Physical Gift Vouchers can be purchased and will be delivered in the same way that Products are, while electronic Gift Vouchers, once purchased, will be linked to your FashionHub account.
12.3 Promotional Coupons
Promotional Coupons are issued at FashionHub’ own discretion. Users do not have a right to Promotional Coupons and they cannot be earned.
Promotional Coupons are issued under specific terms and conditions regulating when and how they may be used. As a general rule, and unless specified otherwise on the specific Coupon itself –
• a Coupon can only be used with promotional offers on the Site;
• only one Coupon can be used per shopping basket; and
• the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you. Please note the following exception in this regard: should the value of the Products in your shopping basket have qualified for ‘Free Delivery’, but after application of the Coupon to such basket, the remaining balance is less than the value required in order to qualify for Free Delivery, delivery costs in respect of such basket will be added and be payable by you
Promotional Coupons cannot be -
• used to purchase other Coupons or Vouchers;
• exchanged for cash; or
• transferred or assigned to any other person.
Any person that delivers or attempts to deliver any damaging code to this Site or attempts to gain unauthorised access to any page on this Site shall be prosecuted and civil damages shall be claimed in the event that FashionHub suffers any damage or loss.
You agree and warrant that your log-in name and password shall be used for your personal use only and not be disclosed to any third party.
You allow FashionHub to take all reasonable steps to ensure the integrity and security of the Site and back-office applications.
All credit card transactions via 2Checkout. FashionHub does not access any confidential information about your means of payment, which is why you will be asked for your banking details each time you place an Order. Only FashionHubs’ banking partner from time to time, will access confidential information (such as your card number, validity date etc).
Save for FashionHub being liable to you –
• under the Consumer Protection Act 68 of 2008 (“CPA”) in relation to any Products sold by it to you via the Site; and
• under sections 43(5) and 43(6) of the ECT Act in relation to FashionHub’ payment systems not being sufficiently secure,
neither FashionHub nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Site or the Services or content provided from and through this Site. Furthermore, FashionHub makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Site are free from errors or omissions or that the Service will be 100% uninterrupted and error free. You are encouraged to report any possible malfunctions and errors by way of email to email@example.com or by contacting the Call Centre at 011 568 0122.
Although the Products sold via the Site may be under warranty, the Site itself is supplied on an "as is" basis and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself prior to accepting these T&C that the service available from and through this Site will meet your individual requirements and be compatible with your hardware and/or software.
Information, ideas and opinions expressed on this Site should not be regarded as professional advice or the official opinion of FashionHub and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Site.
15 GOVERNING LAW AND JURISDICTION
This Site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and, subject to the ‘Disputes’ clause of these T&C. You and FashionHub submit to the non-exclusive jurisdiction of the South African courts.
Each and every provision of these T&C shall be deemed to be separate and severable from the remaining provisions of these T&C and if any of the provisions is found by any court of competent jurisdiction to be invalid and/or unenforceable then, notwithstanding such invalidity and/or unenforceability, the remaining provisions of these T&C shall be and remain of full force and effect.
FashionHub shall take all reasonable steps to protect your personal information. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://us-cdn.creamermedia.co.za/assets/articles/attachments/03569_promo...
FashionHub may electronically collect, store and use the following of your personal information:
• name and surname;
• birth date;
• country of residence;
• closest city;
• non-personal browsing habits and click patterns;
• e-mail address;
• IP address; and
• ID number / passport number.
FashionHub collects, stores and uses the above mentioned information for the following purposes:
• to greet you when you access the Site;
• to inform you of any changes to these T&C;
• to inform you of facts regarding purchases made by you, including relating to delivery of Products;
• subject to your consent, to inform you of other facts relating to your access and use of the Site;
• subject to your consent, to inform you about competitions and special offers from FashionHub and/or its partners / affiliates;
• to compile non-personal statistical information about browsing habits, click-patterns and access to the Site;
• to verify your identity when transacting with FashionHub; and
• to ensure that the Products are received by the addressee.
Information detailed above is collected either electronically by using cookies or is provided voluntarily by you. You may determine cookie use independently through your browser settings.
You may elect not to receive any communications from FashionHub and/or its partners / affiliates.
FashionHub may collect, maintain, save, compile and share any information collected from you, subject to the following provisions:
FashionHub shall not disclose your personal information unless you consent thereto or unless require for the purposes of any legal process.
• FashionHub may compile, use and share any information that does not relate to any specific individual; and
• FashionHub owns and retains all rights to non-personal statistical information collected and compiled by FashionHub.
You acknowledge and agree that certain personal information (i.e. your full names, delivery address, email address, and contact number) will be disclosed to the courier company/ies used from time to time to enable delivery of Products Purchased to you.
17 CHANGES TO T&C
FashionHub may, in its sole discretion, change these T&C or any part thereof at any time.
If you are a registered Member, FashionHub will notify you of any such changes via email to the email address FashionHub has on record for you. You will then be responsible for reading the revised T&C and ensuring that you are satisfied therewith and if not so satisfied, you are entitled to terminate your registration with FashionHub.
If you are NOT a registered Member, FashionHub will not be able to notify you of any changes to these T&C and it will be your responsibility to visit the Site to see whether the T&C have been amended and ensure that you are satisfied with the amendments. Should you not be satisfied with the amendments, you must refrain from using the Site in any way.
Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and FashionHub on any matter provided for in, or arising out of these T&C, and not resolved through the Customer Relations Department of FashionHub, then such a dispute may be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. The expedited arbitration rules may be downloaded fromhttp://www.arbitration.co.za/downloads/expedited_rules.pdf.
19 ADDRESS FOR NOTICES
FashionHub chooses as its address for all purposes under these T&C, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following address: Block B, 12 Capricorn Rd, Paulshof ext 40, 2056, South Africa.
20 TERM AND TERMINATION
These T&C shall commence from the date on which they are published on the Site and continue indefinitely, as amended by FashionHub from time to time (as described above), for so long as the Site exists and is operational, FashionHub being entitled to terminate these T&C and/or shut down the Site at any time subject to still processing any Purchases then already made.
If you fail to comply with your obligations under these T&C, including any incident involving the payment of the price of an Order, and you fail to remedy such failure within 5 Business Days days of notice by FashionHub to do so, this may (in the sole discretion of FashionHub) lead to suspension of your access to the Service, or even the closing of your account and access to the Site, according to the degree of seriousness of the action in question, without prejudice to any damages which FashionHub might seek.
21 COPYRIGHT & OTHER INTELLECTUAL PROPERTY
Any and all copyright subsisting in the Site, including these T&C, vests in FashionHub and all rights not expressly granted are reserved.
You may only download, view and print content from this Site for private and non-commercial purposes. To obtain permissions for the commercial use of any content on this Site please email us at firstname.lastname@example.org or contact the Call Centre at 011 568 0122.
FashionHub cannot screen or edit all the content available from the Site and does not accept any liability for illegal, defamatory or obscene content. You are encouraged to inform FashionHub of any content that may be offensive or illegal.
All the content, trademarks and data on this Site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to FashionHub and as such are protected from infringement by local and international legislation and treaties.
22 ELECTRONIC COMMUNICATIONS
When you visit the Site or send e-mails to FashionHub, you consent to receiving communications from FashionHub electronically.
23 HYPERLINKS, FRAMING, SPIDERS AND CRAWLERS
No person, business or web site may link to any page on this Site without the prior written permission of FashionHub. Such permission could be obtained by contacting us by email at email@example.com or by contacting the Call Centre at 011 568 0122.
Hyperlinks provided on this Site to non-FashionHub sites are provided as is and FashionHub does not necessarily agree with, edit or sponsor the content on such web pages.
No person, business or web site may frame this site or any of the pages on this Site in any way whatsoever.
No person, business or web site may use any technology to search and gain any information from this Site without the prior written permission of FashionHub. Such permission could be obtained by contacting us by email at firstname.lastname@example.org or by contacting the Call Centre at 011 568 0122.
24 FASHIONHUB CORPORATE INFORMATION
The ECT Act states that when goods or services are offered by way of certain electronic transactions, the seller thereof must make certain information about it available to customers on websites where the goods or services are offered.
FashionHub’s information is as follows:
Full name: Fashion Core (Pty) Ltd t/a FashionHub, registered in South Africa, registration number 2012/162777/07
Main business: online retailer
Address for receipt of legal service: Block B, 12 Capricorn Rd, Paulshof ext 40, Johannesburg, 2056, South Africa
Official email address: email@example.com
PROATIA: The manual published in terms of section 51 of the Promotion of Access to Information Act No 2 of 2000 may be downloaded from http://www.naspers.co.za
Code of Conduct: not applicable