TERMS AND CONDITIONS

1. Introduction

Our site is available at www.crateovclothes.com, related mobile sites and applications (“the site”). The site enables customers to interact and order crates (“the products”) online and have them delivered door-to-door, to within South Africa. All visitors to the site ("users" or "you") will be able to view the site and the contents of the site, but only those who have registered for an account on Crate|ov Clothes ("account holders” or “you”) are able to order the products. Legally binding contract. All users and account holders, including those that order from the site ("customers") are bound by these terms and conditions ("T&Cs"). By registering, or using the site at all, you recognise that you have read, accepted and agreed to be bound by these T&Cs. Should there be any clause in these T&Cs that you do not understand, you are able to contact us through the contact details on the site.

2. Ordering Crate’s

1. The site allows you, the user, to place electronic orders ("order") as long as such products are available and not sold out.
2. A purchasing contract ("sale") between you and Crate|ov Clothes only comes into effect once you have completed your profile.
3. The above is dependent on the product being available.
4. Products on Crate|ov Clothes cannot be reserved to be bought at a later stage.
5. A tax invoice will be emailed to the email address on your Crate|ov Clothes profile. A delivery note will be included with your order – please note that no prices are visible on the delivery note. Delivery notes may be in the form or courier waybills.


3. Cancelling orders

1. Crate|ov Clothes reserves the right to refuse processing of payment for any order and/or to cancel any purchase, partially or completely, with notice given to you.
2. You have the right to cancel an order at any time by emailing us. The details can be found on our site.


4. Fraud

1. Crate|ov Clothes reserves the right, in the interest of preventing fraud, to refuse the processing of payment for any order and/or to cancel any purchase, partially or completely.
2. Crate|ov Clothes may request documentation to complete the necessary fraud checks and cancel any order where the necessary documentation is not provided in a timely manner.
3. In the event of a fraudulent purchase being placed on Crate|ov Clothes, cardholders will be advised to initiate a chargeback via their bank in order to be refunded. Crate|ov Clothes does not process refunds for orders suspected of fraud.
4. Crate|ov Clothes does not provide order details relating to orders suspected of fraud.


5. Product Pricing

The price of each product is given on pricing document emailed with each order. The product price displayed always includes VAT at the applicable rate.

The Regular Retail Price

1. The Regular Retail Price (“RRP”) is the standard price that Crate|ov Clothes charges for the product. The RRP is determined by considering the suppliers’ price, market conditions, and the prices being offered by other local retailers.
2. When a product is not on sale, on special, or included in a discount promotion, the RRP is the price you will pay when you purchase the product (“purchase price”).
3. Please note that RRPs can change over the course of several seasons over which the product may be sold. The RRPs applicable at the time the product is introduced may differ from the RRP at the time of your purchase.


Pricing accuracy

1. Every reasonable effort will be made to ensure that the RRP are correct at the time of your purchase. If, however, the product is offered at an erroneous price, Crate|ov Clothes will not be obliged to supply the said product at the incorrect price.

6. Delivery fees

1. Crate|ov Clothes does not delivery to PO Box addresses.
2. Crate|ov Clothes offers delivery free of charge to and from you. Crate|ov Clothes will cover all courier costs ensuring no obligation is put on you to purchase any products.


7. Payment

1. When you sign up to the site, you will be required to input your credit/debit card information. This information is stored securely offsite with www.payfast.co.za. www.payfast.co.za are PCI-DSS Level 1 Compliant.
2. The card information is required upfront, before any orders can be placed. As a result of the service offered by Crate|ov Clothes, Crate|ov Clothes is unable to determine the exact value of each order until the customer has returned the order. The item(s) you return will not be charged for, the item(s) you keep will be charged for.
3. By accepting our terms and agreements, you as the customer agree to a consumer credit check to ensure your products are secure due to the nature of the business operations. If you are not happy to consent to this, please DO NOT sign up to our services or offerings.


8. Delivery

1. As buyer, you indicate where in South Africa you require delivery, as well as contact numbers to be used in connection with delivery.
2. Your parcel will be delivered to the address you specified in the checkout process.
3. If nobody is present at the address at the time of delivery, our courier will on the second attempt of delivery leave a note (in the letterbox if a residential address) to indicate that there was an attempted delivery.
4. The courier will try once more (third attempt), and if at that time there is still no one to sign for the parcel, the parcel will be returned to our warehouse and a return will be processed for the goods.
5. Unless we inform you otherwise, before you place your order and before the final confirmation, the estimated maximum delivery time for an order in South Africa – for Standard delivery is 10 working days.
6. As outlined above, all Crate|ov Clothes standard deliveries take place during business hours i.e. there are no deliveries over weekends or on public holidays. Please take this into consideration when selecting your delivery address.


Delivery completed

1. A delivery is considered complete as soon as the parcel has been delivered back to Crate|ov Clothes, and the crate has been reconciled.
2. It is your responsibility, as buyer, to ensure that you or the intended receiver of the gift (when applicable) inspect(s) the parcel on arrival and makes known any justifiable complaints. The receiver has the right to refuse the parcel if it appears to have been opened or if it has clearly been damaged. Packaging damage will not be considered for refusal of delivery.
3. Such complaints and claims must be brought to the attention of Crate|ov Clothes by contacting Crate|ov Clothes through the details on our site (Monday to Friday, 07:00 to 18:00).


Lost parcels

1. In the event that a parcel is declared missing, should stock be available a replacement order will be sent to the customer via the intended original delivery method.
2. Crate|ov Clothes will contact the customer in to advise possible delays.


9. Defective items, returns and reimbursement

1. If you are dissatisfied with your purchase due to a defect, incorrect product choice or other reason, you may return it with barcoded tags attached, to Crate|ov Clothes within 30 days of delivery, by the same delivery method which the parcel was received. If you are based in South Africa, you can either receive a Crate|ov Clothes account credit or a refund, or have the product repaired or replaced, depending on the situation.
2. In the case of a damaged or incorrect item having been delivered, Crate|ov Clothes will evaluate each case and issue a refund upon proof of the damaged/incorrect item.
3. If you wish to purchase an item but in a different style, you must:

• Return the item in the crate as you received it • You must then place another order and tell your designated stylist that you are only looking for a variant of the article of clothing that you returned in your previous crate..

4. For exchanges you need to contact the customer service team to ensure we reserve and confirm the availability of the size you are exchanging for.


10. Sales records

Complete records of each transaction between you and Crate|ov Clothes are kept on the site for 12 months after a particular purchase or related transaction. During this time, you'll be able to view and print out these records. After the 12-month period the responsibility of keeping such record falls onto you.

11. Security

1. Anyone downloading or trying to download malware or damaging coding on this site, or who tries to gain unauthorised access to any page on this site, will be prosecuted.
2. Crate|ov Clothes will claim civil damages from such person if Crate|ov Clothes suffers any damage or loss.
3. You agree and guarantee that the username and password you use to log in is for your personal use only, and will not be passed on to any third party.
4. You allow Crate|ov Clothes to take all steps reasonably possible to ensure the integrity and security of the site and in the administrative office.
5. All credit card transactions on the site are protected by SSL (Secure Socket Layer) encryption and reinforced by various encryption processes with the aim of offering the most effective possible protection of any sensitive information. Crate|ov Clothes has no access to any confidential information regarding your payment method.
6. Only Crate|ov Clothes’s banking partner will access confidential information (Such as your credit card number, expiry date, CVV etc.) from time to time.


12. Indemnity

Crate|ov Clothes is responsible for adhering to the Consumer Protection Act 68 of 2008 ("CPA") with the sale of any products from the site. Similarly, Crate|ov Clothes is responsible for adhering to articles 43(5) and 43(6) of the Electronic Communication and Transactions Act in terms of payment systems and security. However, neither Crate|ov Clothes nor any of its representatives will be held responsible for any loss or accountability of any kind that arises from the use of (or inability to use) this site, its services or content. Furthermore, Crate|ov Clothes provides no guarantee, implied or otherwise, that the content or technology attached to this website is free from errors or omissions. Nor is there any guarantee whatsoever that service will be 100% uninterrupted or faultless. We encourage you to report any possible malfunctions and errors by emailing us with the details found on the site.

The site itself is offered on an "as it is" basis and is not set up or delivered according to your individual specifications. It is your responsibility, before accepting these T&Cs, to determine whether the service available through this website satisfies your individual needs and is compatible with your hardware or software. Information, ideas and opinions expressed on this web site should not be regarded as professional advice, or as Crate|ov Clothes official stance. We encourage you to obtain professional advice before taking any action on the strength of information, ideas or opinions expressed on this site.

13. Applicable Laws

1. This site is offered, controlled and run from the Republic of South Africa. As such it is governed by South African legislation, and subject to the disputes clause in these T&Cs.
2. You and Crate|ov Clothes are subject to the non-exclusive jurisdiction of the South African courts. Each and every section of these terms and conditions must be read as individual and separable from the rest of the terms and conditions.
3. Should any court or qualified authority find that any of the terms are invalid or unenforceable, the remainder of the terms and conditions will remain standing, despite invalidity or unenforceability of an individual term.


14. Changes to Terms and Conditions

Crate|ov Clothes may, at its own discretion, change these terms and conditions or any part thereof. As indicated in the T&Cs, it is the responsibility of the registered account holder or user to familiarise yourself with the T&Cs before using the site. By registering, or using the site at all, you recognise that you've read, accepted and agreed to be bound by these T&Cs.

15. Disputes

Barring urgent or interim legal help that may be granted by a court of law: In the event of any disputes of any kind between you and Crate|ov Clothes, arising out of any situation catered for in these terms or conditions (or that arises out of these terms and conditions) and that cannot be resolved by the client service center, the dispute may be presented for confidential arbitration. Such arbitration will be handled according to the rules stipulated by the Arbitration Foundation of South Africa. Legal notice address Crate|ov Clothes elects as address for all purposes regarding these terms and conditions, whether for legal notices or serving of other communication documents of any kind, the following address: 1055 Penstone Road Dainfern Estate Midrand Gauteng 2055 Tel. 011 469 475 An electronic copy is to be sent to info@crateovclothes.com (Such copy must be delivered in conjunction with physical copy for serving to be affected.)

14. Privacy Policy

Crate|ov Clothes website visitors, subscribers, registered account holders and shoppers are subject to the overarching Crate|ov Clothes privacy policy.

1. We respect your privacy and will take all reasonable measures to protect it, as more fully detailed below.
2. Should you decide to register as a user on the site, we may require you to provide us with personal information which includes but is not limited to -

1. your name and surname;
2. your email address;
3. your physical address;
4. your mobile number; and
5. your date of birth.

3. Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.
4. You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
5. Subject to clause 6. below, we will not, without your express consent:

1. use your personal information for any purpose other than as set out below:

1. in relation to the ordering, sale and delivery of Goods;
2. to contact you regarding current or new Goods or services or any other goods offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us);
3. to inform you of new features, special offers and promotional competitions offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us); and
4. to improve your experience on our site by, inter alia, monitoring statistical non-personal browsing habits, and to transact with us; or

2. disclose your personal information to any third party other than as set out below:

1. to our employees and/or third-party service providers who assist us to interact with you via our site, email or any other method, for the ordering or when delivering to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
2. to our divisions, affiliates and/or partners (including their employees and/or third-party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);
3. to our suppliers in order for them to liaise directly with you in the event of you submitting a warranty claim regarding any products you have purchased which requires their involvement; and
4. pursuant to a corporate transaction in terms of which we sell any of our businesses or assets to a buyer of such businesses or assets.

6. We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, order of court or legal process served on us, or to protect and defend our rights or property.
7. We will ensure that all of our employees, third party service providers, divisions, affiliates and partners (including their employees and third-party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations (save as permitted herein) in relation to your personal information.
8. We will -

1. treat your personal information as strictly confidential;
2. take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
3. provide you with access to your personal information to view and/or update personal details;
4. promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
5. provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request;
6. upon your request, promptly return or destroy any and all of your personal information in our possession or control; and
7. not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
9. Crate|ov Clothes undertakes never to sell or make your personal information available to any third party other than as provided for in this policy, unless we are compelled to do so by law. In particular, in the event of a fraudulent online payment, Crate|ov Clothes reserves the right to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
10. Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
11. If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than Crate|ov Clothes, Crate|ov Clothes SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control how that third party uses your personal information.
12. This site makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s ongoing access to and use of a website and allow a website to track usage behavior and compile aggregate data that will allow the website operator to improve the functionality of the website and its content. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited. If you do accept a “cookie”, you thereby consent to our use of any personal information collected by us using that cookie subject to the provisions of this clause 10.

15. Terms and Discontinuation

These terms and conditions take effect on the date of first publication of the website and continue indeterminately. They may be revised by Crate|ov Clothes from time to time (as described above), for as long as the website continues to exist and be operated. Crate|ov Clothes is entitled to terminate these terms and conditions or close down the website at any time, subject to processing any pending purchases. If you don't meet your obligations regarding these terms and conditions, including any incidents about payment and price or an order, and you neglect to rectify such non-adherence within 5 working days after Crate|ov Clothes has instructed you to do so, your access to the service will be blocked. We have the right to close your account and deny you access to the site, depending on the severity of your actions. Such action on the part of Crate|ov Clothes will not have any negative effect on any damages Crate|ov Clothes may claim.

16. Copyright and other intellectual property

Any and all copyright relating to the site, including these terms and conditions, is held by Crate|ov Clothes (and partners). All rights not expressly given are reserved. You may download, view and print content from this site only for private and non-commercial ends. To obtain permission for commercial use of any content from this site, please send an email info@crateovclothes.com. Crate|ov Clothes is unable to edit or screen all content on the site, and will not be held accountable for illegal, libelous or obscene content. We advise you to inform Crate|ov Clothes of any offensive or illegal material. All content, trademarks and data on this website, including but not limited to software, databases, text, graphics, icons, links, private information, designs and agreements, are the property of or under license of Crate|ov Clothes. As such they are protected by local and international legislation and agreements.

17. Electronic communication

When you sign up to Crate|ov Clothes, you opt into WhatsApp communication, marketing communication. You agree to get electronic communication from Crate|ov Clothes which you can Opt-out at any stage by simply selecting the unsubscribe option at the end of all email communication, or stating you would like to opt-out on the WhatsApp platform.

18. Crate|ov Clothes corporate information

The Electronic Communication and Transactions Act determines that when goods or services are provided via certain electronic transactions, the seller must make certain information public on the site where the goods or services are offered. Crate|ov Clothes information is as follows:
Crate|ov Clothes Proprietary Limited Reg. Nr 2016/419567/07
Legal notice address:
1055 Penstone Road
Dainfern Estate
Johannesburg
2055
Tel. 0011 465 4750

Directors: The list of directors is available from http://www.cipc.co.za/za/

Website: www.crateovclothes.com
Official email address: info@crateovclothes.com