Terms of service
1) Introduction
(i)
This website can be accessed at the domains www.avintageleo.co.za or www.avintageleo.com (the "Website") owned and operated by AVINTAGELEO (PTY) LTD ("AVINTAGELEO", "AVL", "We", "Us").
(ii)
We are AVINTAGELEO, a private company based in the Republic of South Africa ( the 'RSA'), which means that the laws of the RSA are applicable and define the extent of the rights, duties, responsibilities and obligations herein.
(iii)
These terms and conditions ("T's and C's") govern the access and use of this Website, and are binding and enforceable against you and every person ("User") who may access or use this Website, including any person who may be defined as a 'consumer' in terms of section 1 of the Consumer Protection Act (68 of 2008).
(iv)
This Website enables Users to shop online for our Products. Our Products are worn apparel.
2) Liability
(i)
These T's and C's apply to you and all Users of this Website and contain clauses which -
(a) may limit the risk or liability of AVINTAGELEO or any third party; and/or -
(b) may create risk or liability for the User; and/or -
(c) may compel the User to indemnify AVINTAGELEO or any third party; and/or -
(d) serves as an acknowledgement, by the User, of a fact.
(ii)
We direct every User's attention to these T's and C's because they are important and have legal consequences that should be understood with regard to the duties and the responsibilities (the 'Obligations') between AVINTAGELEO and every User.
(iii)
It is every User's responsibility to understand and agree to these T's and C's if they intend to access or use this Website.
(iv)
By accessing and using this Website, you warrant understanding and agreeing to these T's and C's.
(v)
Nothing in these T's and C's may be construed to unlawfully restrict, limit, or avoid any right, duty, responsibility or obligation in terms of the Consumer Protection Act (68 of 2008).
3) Legal Capacity
(i)
Every User who accesses or uses this Website must be a major of at least 18 (eighteen) years of age with full legal capacity, or assisted and supervised by their legal guardian.
(ii)
By using this Website, you warrant:
(a) that you are a major of at least 18 (eighteen) years of age with full legal capacity, or
(b) that you are assisted and supervised by your legal guardian.
(iii)
If you are under the age of 18 (eighteen) years of age, or if you otherwise lack legal capacity, and are not legally permitted to enter into any binding agreement, then you may only use this Website with the permission, assistance, and supervision of your legal guardian. Your legal guardian may only permit and assist you to use this Website if they understand and agree to be bound to these T's and C's.
4) Limitation on the use of the Website
(i)
You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the intended functions of this Website without our prior permission or the lawful permission of the State.
In addition, you agree that you will not in any way use any robot, spider, or any other automatic system or device, or any manual process to monitor, copy, distribute, or modify this Website or the information contained herein without the prior written consent from an authorised AVINTAGELEO representative.
Should your actions cause any interference or interruption to this Website, resulting in damage or loss, you may be held liable for such damage or loss.
(ii)
It may be assumed and deemed that our consent has automatically been given for standard search engine technology engaged by internet browser systems to direct internet users to this Website, to the extent allowed by law.
However, We reserve the right to deny access to this Website for any lawful reason.
(iii)
You may not use this Website to distribute or transmit media which is defamatory, offensive, and/or hate speech, nor any other unlawful media.
5) Errors
(i)
We will take reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges or other relevant information of any Products on the Website. However, should there be any errors of whatsoever nature on the Website which are not due to AVINTAGELEO's gross negligence, AVINTAGELEO will not be liable for any loss, claim, or expense incurred by a transaction premised on any error - except in the case of any incorrect purchase price, and only to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.
(ii)
AVINTAGELEO will not be liable whatsoever for any incorrect information of any Products displayed on third-party websites.
6) Purchase, Checkout, and Availability
(i)
We offer our Products for sale on this Website, depending on our availability. Users may offer to purchase or place orders for any of our Products available through this Website, which offers/orders We may accept or reject. Whether or not We accept an offer/order depends on:
(a) the availability of our Products;
(b) the correctness of the information relating to the performance of the offer/order (including, without limitation, the description of the Product, the price payable, the delivery method, and/or the delivery address); and
(c) Us receiving payment or payment authorisation.
(ii)
No purchase or offer to purchase comes into existence by merely placing any of our Products in a virtual wishlist or shopping basket/cart without completing the checkout process on the Website. We may, without notice to you, remove any Product from your wishlist or shopping basket/cart if the Product is no longer available, or if the price or description of the Product has changed, before completing the checkout process.
You may not hold AVINTAGELEO liable if any Product in your wishlist or shopping basket/cart becomes unavailable at all or unavailable at any particular price when you later purchase or checkout or attempt to purchase or checkout the desired Product at a later stage.
(iii)
The Product offered on this Website is limited and subject to change. The availability, quality, and price of any Product may change at any time without notice to you. We will take all reasonable steps necessary to monitor the quantity and quality of our Products to act in a reasonable time to discontinue offering any Product offered on this Website becomes unavailable for purchase, on this Website. As such, We can not guarantee any Product at any given time.
(iv)
If you order a Product which becomes u unavailable before We receive payment for your order, and We are unable to deliver it to you, you will be entitled to a refund for any amount already paid for that order, and We will send you a notice though to inform you of this error as soon as reasonably possible.
(v)
An agreement of sale of our Product will be deemed complete only once We have received payment, regardless of any communication that your order or payment has been confirmed.
(vi)
If We reject your order, We will notify you as soon as reasonably possible thereafter and refund you any amount already paid to and received by AVINTAGELEO in the context of refunding the rejected order.
(vii)
From time to time, you may ecercise an option to pre-order some Products from AVINTAGELEO. Please refer to the Pre-Order Policy for more details relating to pre-orders. The Pre-Order Policy is incorporated herein by reference, which means that it forms part of the T's and C's without having to explain it fully in this document.
7) Payment
(i)
We are committed to providing secure online payment facilities. All transactions shall be encrypted using appropriate encryption technology, which will be procured and hired from the services of suitably accredited third-party internet service providers.
(ii)
Payment may be made on the Website via the following methods, depending on the availability of such method and/or your eligibility to use such method -
(a) Debit Card; where payment is made via debit card, We and the third-party payment services providers which We hire may require additional information in order to authorize and/or verify the validity of payment, and We are entitled to withhold performance until receiving the required information and the necessary authorization to process payment. If We do not receive authorization, your transaction with AVINTAGELEO will be cancelled. You warrant that you are fully authorized to use the debit card supplied for purposes of paying for the transaction. You also warrant that your debit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website in the context of the transaction.
(b) Credit Card; where payment is made by credit card, We may require additional information in order to authorize and/or verify the validity of payment, and We are entitled to withhold performance receiving the required information and the necessary authorization to process payment. If We do not receive authorization, your transaction with AVINTAGELEO will be cancelled. You warrant that you are fully authorized to use the credit card supplied for the purposes of completing the transaction. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website in the context of the transaction.
(c) Direct Bank Deposit or Electronic Funds Transfer (EFT); if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of commencing the transaction. We will not accept the transaction if payment has not been received.
(d) Instant EFT;
(e) Cash on delivery (except where any exclusions apply, as listed in our FAQ); by selecting this option, you undertake to ensure that you have sufficient cash on hand at the time of delivery.
(iii)
The above payment options may be explained in more detail in our FAQ, incorporated herein by reference, which means that it forms part of the T's and C's without having to explain it fully in this document.
(iv)
You may ask Us to provide you a full record of your transaction history with AVINTAGELEO. We will also send you email communications about your order and payment.
(v)
Once you have selected your payment method (save for cash on delivery or direct bank deposit), you will be directed via a hyperlink to a secure website for payment of the applicable amount.
8) Deliveries
(i)
We offer 2 (two) methods for delivering our Product. You may choose delivery via:
(a) courier, or
(b) self-collection.
(ii)
For more delivery information, please see the FAQ, incorporated herein by reference, which means that it forms part of the T's and C's without having to explain it fully in this document. AVINTAGELEO's delivery charges are subject to change at any time without prior notice to you. Please check the FAQ for the most up-to-date information. You will see the applicable delivery charges when you checkout your order.
(iii)
Once We accept your order, We will deliver the Product to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment ('Delivery Period'). We will notify you if We are unable to deliver any Products during the Delivery Period. You may then, within 7 (seven) days of receiving such notification, choose whether or not to cancel your order for the Products. If you choose to cancel your order, We will refund you for the purchase price.
(iv)
AVINTAGELEO will not be held responsible for delivering any Product contemplated by a cancelled order once We have refunded you any amount already paid to and received by AVINTAGELEO in the context of refunding the cancelled order.
(v)
AVINTAGELEO's obligations to deliver any Product to you will be fulfilled as soon as We deliver such Product to any of the physical addresses nominated by you for receiving delivery, or when you collect the Product from AVINTAGELEO at any point. AVINTAGELEO will not be responsible for any loss or unauthorised use of any Product after it has delivered the Product to any of the physical addresses nominated by you, or after the Product has been collected by you.
(vi)
When you provide any address information to AVINTAGELEO for the delivery of any Product in the context of an order of sale (the 'Delivery Address'), you warrant that you are providing AVINTAGELEO with the correct address information, and that you will be responsible, at your own cost, to collect any Products that may have been dispatched to that address, the Delivery Address. You further warrant that you will not hold AVINTAGELEO responsible to pay any costs incurred in collecting any Products already dispatched or delivered to the Delivery Address, and you will be responsible to pay for any and all costs incurred in collecting any Products from the Delivery Address after you have received a dispatch notice.
(vii)
Prior to delivering or collecting our Products in the context of any order for a sale between AVINTAGELEO and yourself, you may cancel the sale/order at any time, provided that you will only be allowed to do so free-of-charge before receiving a dispatch or delivery notice. After delivering or collecting your Products, you may only return the Products in accordance with our Returns Policy.
9) Returns
Please refer to the Returns Policy for more information about how to return our Products, for whatever purpose. The Returns Policy is incorporated herein by reference, which means that it forms part of these T's and C's without having to explain it fully on this page.
10) Privacy Policy
We respect your privacy and will take reasonable measures to protect it. Please refer to the Privacy Policy, which is incorporated herein by reference.
11) Changes to the T's and C's
(i)
AVINTAGELEO may, in its sole discretion, change any of the T's and C's at any time, without notice to you. It is your responsibility to regularly check the T's and C's and make sure that you are satisfied with the changes. Should you not be satisfied with any of the T's and C's you should not use the Website.
(ii)
Any changes to the T's and C's will only apply to your use of the Website after the change is uploaded to, published and accessible via the Website, where it will be displayed. If you use the Website after any amended T's and C's have become accessible via the Website, you will be deemed to have accepted such changes.
12) Electronic Communications
When you use the Website or send any emails to AVINTAGELEO, you consent to receiving any electronic communications from AVINTAGELEO or any of our affiliates or partners, in accordance with the Privacy Policy, incorporated herein by reference, which means that it forms part of these T's and C's without having to explain it fully on this page.
13) Ownership and Copyright
(i)
The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, logos, trade-marks, designs and service-marks which are displayed on or incorporated in the Website ('Website Content') are protected by law, including, but not limited to, copyright and trade-mark law. The Website Content is the property of AVINTAGELEO. its advertisers and/or sponsors, or it is licensed to AVINTAGELEO.
(ii)
You will not acquire any right, title, or interest in or to the Website or the Website Content without the express written permission of AVINTAGELEO.
(iii)
The use, distribution or reproduction of any of the Website Content will be prohibited except to the extent explicitly authorised, in writing, by an AVINTAGELEO representative, or in terms of the T's and C's, or as otherwise provided for in law.
(iv)
Where any of the Website Content has been licensed to AVINTAGELEO, or belongs to any third-party, your rights to use, distribute, or reproduce such content will also be subject to any terms and conditions which that licensor or third-party may impose from time-to-time on the use, distribution, or reproduction of that content.
14) Disclaimer
(i)
You use the Website entirely at your own risk and you will assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
(ii)
We take reasonable measures to ensure that the content of the Website is accurate and complete, but We makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability, or functionality of the Website or the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are implied by AVINTAGELEO's representatives, AVINTAGELEO will not be bound thereby.
(iii)
Although Products sold from the Website may, under certain specifically defined circumstances, be under warranty; the Website itself and all information provided on the Website is provided "as is" without warranty of any kind, either explicitly or implicitly, including, but not limited to: the implied warranties or merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
(iv)
AVINTAGELEO disclaims liability for any damage, loss, or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your use of the Website and/or any of the Website Content, unless otherwise provided by law.
(v)
Any views or statements made or expressed on the Website are not necessarily the views of AVINTAGELEO, owners nor representatives.
(vi)
In addition to the disclaimers contained elsewhere in the T's and C's, We also make no warranty nor representation, whether explicitly, nor implicitly, that the data available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other script, code or data which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardize, or otherwise impede in any manner the operation, stability, security, functionality, or content of any information system, computer system, computer network, hardware or software in any way.
You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardize, disrupt, disable, harm, or otherwise impede in any manner the operation or content of an information system, computer system, computer network, any handset or mobile device, or your hardware or software; save where such risks arise due to the gross negligence or wilful misconduct of AVINTAGELEO, its employees, agents or authorized representatives. AVINTAGELEO thus disclaims all liability for any damage, loss, or liability of any nature whatsoever arising out of or in connection with your access to, or use of, the Website.
15) Linking to third-party websites
(i)
The Website may contain hyperlinks or references to other websites or advertisers which are outside of our control ("Third Party Websites"). Our T's and C's do not apply to those Third Party Websites and We are not responsible for any practices and/or privacy policies of those Third Party Websites or the "cookies" that those sites may use.
(ii)
Although the Website may refer to or provide hyperlinks to any Third Party Websites, your use of Third Party Websites is entirely at your own risk and We are not responsible for any damage, loss, expense or claim, whether direct, indirect of consequential, arising from your use of any Third Party Websites or your reliance on any information from any Third Party Websites.
16) Limitation of liability
(i)
AVINTAGELEO will not be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website; save where such liability arises from the gross negligence or wilful misconduct of AVINTAGELEO, its employees, agents, or authorized representatives. You are encouraged to contact us to report any possible malfunctions or errors via AVINTAGELEO's email address: info@avintageleo.co.za
(ii)
AVINTAGELEO will not be liable for any direct, indirect, incidental, special, or consequential loss or damages which might arise from use of, or reliance upon, the Website or the content contained thereon; or your inability to use the Website, and/or unlawful conduct on the Website and/or any linked Third Party Website.
(iii)
By continuing to use the Website, you thereby you agree to the T's and C's and indemnify AVINTAGELEO against any damage, loss, expense, or claim which may be suffered by yourself or any third party arising in any way from your use of the Website and/or any linked Third Party Website.
17) Availability and termination
(i)
We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
(ii)
AVINTAGELEO may, in its sole discretion, terminate, suspend, and modify the Website, with or without notice to you. You agree that AVINTAGELEO will not be liable to you in the event that it chooses to suspend, modify, or terminate the Website other than for processing any orders made by you prior to such time, to the extent possible.
(iii)
If you fail to comply with any of your obligations under the T's and C's, including any incident involving payment of the price of an order for any Products, this failure may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that We may have against you.
(iv)
AVINTAGELEO is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple profiles to take advantage of any promotion intended by AVINTAGELEO to be used once-off by you, to:
(a) blacklist you on AVINTAGELEO's database - which may include the suspension or termination of your access to the Website;
(b) refuse to accept or process payment on any order; and/or
(c) cancel any order concluded between you and AVINTAGELEO, in whole or in part, on notice to you.
AVINTAGELEO will only be liable to refund monies already paid by you (see the Returns Policy), and will accept no other liability which may arise as a result of any such blacklisting and/or refusal to process any order.
(v)
At any time; you can choose to stop using the Website, with or without notice to AVINTAGELEO.
18) Governing law and jurisdiction
(i)
AVINTAGELEO, the T's and C's, and AVINTAGELEO's relationship with you and/or any dispute arising between AVINTAGELEO and yourself or arising from or in connection with the T's and C's, will be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications, or the like instituted by either party against the other, arising from any of the T's and C's.
(iii)
Nothing in this clause or its subclauses or the rest of the T's and C's will limit your right to approach any court, tribunal or forum of competent jurisdiction in terms of the Consumer Protections Act, Act 68 of 2008.
19) Notices
(i)
We choose 12 Atlantic Avenue, Impala Park, Boksburg, Ekurhuleni, Gauteng, Republic of South Africa as its address for receiving or accepting notice and service of all documents in any legal proceedings ('AVINTAGELEO's domicilium citandi et executandi'), but We may change this address from time to time by updating the T's and C's or upon due notice to you upon 7 (seven) days' written notice.
(ii)
When you provide any address information to AVINTAGELEO for the delivery of any Product, you warrant that you will receive or accept notice and service of all documents in any legal proceedings at such address ('your domicilium citandi et executandi'), but you may change this address at any time upon giving AVINTAGELEO 7 (seven) days' written notice.
(iii)
Notices must be sent either by hand, prepaid registered post, telefax or email, and must be in English.
(iv)
All notices sent -
(a) by hand, will be deemed to have been received on the date of delivery;
(b) by prepaid registered post, will be deemed to have been received 10 (ten) days after the date of posting;
(c) by telefax, before 16h30 (half-passed four post midi) on a business day will be deemed to have been received on the date of successful transmission of the telefax, and any telefaxes sent after such time or on a date which is not a business day will be deemed to have been received on the following day at 08h00 (eight ante midi); and
(d) by email, will be deemed to have been received on the date indicated in the "Read Receipt" notification, and any email communications between yourself and AVINTAGELEO must make use of the "Read Receipt" function to serve as proof that an email has been received.
20) Complaints
(i)
If you have any complaint about our Products, or require information regarding any process for handling complaints - you may contact AVINTAGELEO via our email address: info@avintageleo.co.za.
(ii)
If We are unable to resolve your complaint to your satisfaction, or if We cannot resolve your complaint within 15 (fifteen) business days of you having notified us of it, you can approach the Consumer Goods and Services Ombud ('CGSO') to assist in resolving the complaint. The contact details for CGSO are as follows:
phone number: 0860 00 0272
email: complaints@cgso.org.za
website: https://www.cgso.org.za
21) ECT Act Information
(i)
For the purposes of the Electronic Communications and Transactions Act, Act 25 of 2002; AVINTAGELEO's information, which should be read in conjunction with the Product descriptions and other T's and C's on the Website, is as follows:
(a) Full name: AVINTAGELEO, a private company registered in terms of the laws of the Republic of South Africa.
(b) Main purpose: Online retailer of worn apparel
(c) Physical address for receipt of legal service (also postal and street address): 12th Atlantic Avenue, Impala Park, Boksburg, 1459.
(d) Office bearers: Katie Busisiwe Rhini (CEO)
(e) Phone number: +27 71 596 0178
(f) Email: info@avintageleo.co.za
(g) PAI Act: The manual published in terms of section 51 of the Promotion of Access to Information Act, Act 2 of 2000, may be downloaded from the Website (see the Privacy Policy).
22) General
(i)
AVINTAGELEO may, in its sole discretion, at any time and without prior notice, suspend or terminate the operation of the Website or your right to use the Website or any of its contents subject to it processing any orders then already made by you.
(ii)
You may not cede, assign, or otherwise transfer your rights and obligations in terms of these T's and C's to any third party.
(iii)
If any term or condition contained herein is declared invalid; the remaining terms and conditions will remain in full force and effect.
(iv)
No variation, addition, deletion, or agreed cancellation of the T's and C's will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
(v)
No indulgence, extension of time, relaxation, or latitude which any party (the "Grantor") may show, grant, or allow to the other (the "Grantee") will constitute a waiver by the Grantor of any of the Grantor's rights and the Grantor will not thereby be prejudiced or stopped from exercising any of its rights against the Grantee which may have arisen in the past or which might arise in the future.
(vi)
The T's and C's contain the whole agreement between yourself and AVINTAGELEO and no other warranty or undertaking is valid unless contained in this document between the parties.