Terms of Use
Terms and Conditions
1. Introduction
Welcome to shop.proudlysa.co.za, the official Proudly South African Online Store (“the Website”). By accessing or using this Website, you agree to be bound by these Terms and Conditions (“Terms”). If you do not agree with any part of these Terms, you must not use this Website.
This Website is operated by Proudly South African (“we”, “us”, “our”). These Terms govern the Customer(s) (“you”, “your”, “yours”) use of the Website, including all purchases made through the Website.
By placing an order with us, you agree to our sales terms, conditions, and policies.
2. Application of Terms; Customer Acknowledgment
These Terms constitute a binding contract between the Customer and Proudly South African Online Store. The Customer acknowledges consensus and acceptance of these Terms by making a purchase, placing an order, or otherwise shopping, viewing and/or browsing on our Website. These Terms are subject to change without prior notice.
3. Use of the Website
3.1. You must be 18 years or older to use this Website. If you are under 18, you may only use the Website with the consent of a parent or legal guardian.
3.2. By using the Website, you agree to:
- Provide accurate and complete information when creating an account or placing an order.
- Use the Website only for lawful purposes and in compliance with all applicable laws and regulations of the Republic of South Africa (“RSA”).
3.3. We reserve the right to suspend or terminate your access to the Website if you breach or are suspected to have breached these Terms or any part thereof.
4. Products and Pricing
4.1. All Products listed on the Website are subject to availability. We reserve the right to limit the quantities of any Products we offer.
4.2. Prices displayed on the Website are in South African Rand (ZAR).
4.3. We reserve the right to change prices or discontinue Products without prior notice. However, the price applicable to your order will be the price displayed at the time of purchase and is inclusive of the delivery fee.
4.4. Images of Products are for illustrative purposes only. Actual Products may vary slightly.
5. Pricing Information; Availability; Errors and Omissions Disclaimer
5.1. All pricing is subject to change. We reserve the right to make adjustments to pricing, products, and service offerings for reasons including, but not limited to, changing market conditions, product discontinuation, product unavailability, manufacturer price changes, and errors in advertisements or errors made by vendors.
5.2. All orders are subject to product availability. Therefore, we cannot guarantee that we will be able to fulfill your order. If a product is no longer available, we will contact you to offer an alternative (subject to a partial refund or pay-in, depending on the price difference of the alternative) or offer a full refund on the item that is out of stock either to your online store credit or to your bank account.
5.3. We make every effort to ensure the accuracy of the information published on our Website. However, the documents and graphics published on this site may contain technical inaccuracies or typographical errors. We make no representations about the suitability and accuracy of the information and graphics presented on this site. All such documents and graphics are provided “as is” without warranty of any kind.
5.4. Acceptance of an order occurs once we start processing your order. Completing the order on our site does NOT constitute an acceptance of an order.
5.5. If an error is made and a product is listed at an incorrect price, we maintain the right to refuse or cancel any orders placed at the incorrect price. If the order has been confirmed and you have paid, we will issue a credit or refund. We also do not guarantee that our prices listed on other websites or price engines are accurate or up-to-date.
6. Orders and Payment Terms
6.1. Payment is due before shipment unless credit terms have been arranged in advance. No item will be shipped until proof of payment has been received.
6.2. We allow a maximum of 48 hours to complete order payment. Failure to do so will result in the order being cancelled.
6.3. Payment must be made in full at the time of placing the order. We accept payments via secure payment gateways, including credit cards, debit cards, and EFT.
6.4. Once your payment is confirmed, you will receive an order confirmation email. This email does not constitute acceptance of your order.
6.5. If we are unable to fulfill your order, we will notify you and provide a refund or credit.
7. Delivery
7.1. Delivery times are estimates only and may vary depending on your location and the availability of the Products and the lead time provided by the Vendor(s).
7.2. We use third-party couriers for deliveries. While we strive to ensure timely delivery, we are not liable for delays caused by the courier.
7.3. Delivery fees will be displayed at checkout and are non-refundable unless otherwise stated.
7.4 We will not be held liable for any theft, loss or damage to product(s) while such products are in the custody of any courier.
7.5. Risk of loss or damage to the Products passes to you upon delivery.
8. Returns and Refunds
8.1. Returns and refunds are governed by the Consumer Protection Act (CPA), 68 of 2008 and Regulations.
8.2. You may return a Product within 7 days of delivery if:
- The Product is defective or damaged.
- The Product does not match the description or images on the Website.
- The Product that is delivered differs from the item that was ordered.
8.3. To initiate a return, contact us at [email protected]. Products must be returned in their original packaging and condition.
8.4. Refunds will be processed within 7 business days of receiving the returned Product.
8.5. Certain Products, such as perishable goods or custom-made items, may not be eligible for returns, please take note of the product description.
8.6 We regret that no items of clothing whatsoever can be returned under any circumstances.
9. Limitation of Liability
9.1. We will not be liable for lost profits, loss of business, or other consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party.
9.2. We will not be responsible for delays in delivery resulting from circumstances beyond our control, including but not limited to product unavailability, carrier delays, severe weather conditions, vendor errors or delays, acts of war, terrorism, or acts of God.
9.3. We will not be held responsible for typographical errors, including instructions, descriptions, prices, or terms.
9.4. We will not be held responsible for missing, damaged, or late package delivery by the shipper.
10. Privacy Policy
10.1. We are committed to protecting your personal information in accordance with the Protection of Personal Information Act (POPIA), Act 4 of 2013, Regulations and any amendments, as applicable.
10.2. By using the Website, you consent to the collection, use, and storage of your personal information as outlined in our Privacy Policy.
10.3. We will not share your personal information with third parties without your consent, except as required by law or to fulfill your order.
11. Intellectual Property
11.1. All content on the Website, including text, images, logos, and software, is the property of Proudly South African Online Store or its licensors and is protected by South African copyright laws.
11.2. You may not reproduce, distribute, or use any content from the Website without our prior written consent.
12. Governing Law
These Terms are governed by the laws of the Republic of South Africa. Any disputes arising from these Terms will be subject to the exclusive jurisdiction of the South African courts.
13. Changes to Terms
We reserve the right to update or modify these Terms at any time. Changes will be effective immediately upon posting on the Website. Your continued use of the Website constitutes acceptance of the updated Terms.
14. Contact Information
If you have any questions or concerns about these Terms, please contact us at:
Proudly South African Online Store