Terms and Conditions
36BOUTIQUES.COM
TERMS AND CONDITIONS
1 INTRODUCTION
www.36Boutiques.com (“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 to become a 36Boutiques member (“Member” or “you”) will be able to make purchases.
2 LEGALLY BINDING CONTRACT
All Users, including Members and those Members 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 is owned and operated by 36Boutiques, a division of MIH Internet Africa (Pty) Ltd, registration number 2007/014128/07, a company incorporated in the Republic of South Africa (hereinafter referred to as “36Boutiques”). More detailed information on 36Boutiques can be found at the end of these T&C.
4 PRODUCTS & AVAILABILITY
Please note that stocks of all Products on offer are limited. Note in particular that certain Products may be offered at heavily discounted prices, in which case they may only be offered for a very short period of time during an online flash sale lasting between 36 to 48 hours (“Flash Sale”).
36Boutiques shall take all reasonable efforts to ensure that when stock is no longer available, that offers thereof are discontinued. However, should 36Boutiques be unable to fulfil any Order placed by you at the advertised price due to stock having sold out, 36Boutiques 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 36Boutiques 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 36Boutiques (“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 36Boutiques 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, 36Boutiques 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 36Boutiques 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 36Boutiques: 36Boutiques 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. 36Boutiques shall only be liable to refund monies already paid by you in respect of the cancelled portion of the Order (see 36Boutiques’Returns Policyin this regard).
By You: You are entitled to cancel any Order/s or Purchase/s as provided for in the Returns Policy
6.2 Please note that all goods bought on the 36Boutiques.com website will only be returnable via 36Boutiques (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 36boutiques.com.
7 AMOUNTS PAYABLE BY YOU
7.1 Prices
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.
However, for Flash Sale Products, two prices are displayed next to each Product listing on the Site as follows:
• Purchase Price: The price which is not crossed out is the price payable by you should you Purchase the Product from 36Boutiques.
• RRP: The other price (denoted by a crossed out ‘RRP’) is the Product supplier’s usual recommended retail price (“RRP”) which is there merely as an indication to you of the approximate savings made by purchasing the Product from 36Boutiques. The depicted RRP has been determined based on the market and other suppliers’ prices, but note that RRP’s may change over several seasons of commercialisation of the relevant Product and RRP’s applicable at the time of the Product’s launch may thus be different to the supplier’s RRP at the time of your Purchase thereof and as such 36Boutiques makes no warranties or representations whatsoever as to the accuracy of any displayed RRP’s.
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.
7.3 Errors
36Boutiques 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, 36Boutiques 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 CREDIT CARD
Purchases may currently be paid for by credit cards only.
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 DELIVERY
9.1 Place of delivery
36Boutiques 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 36Boutiques 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, 36Boutiques will merely refund you.
9.2 Delivery time and delays
Unless stated otherwise to you prior to placing the Order and prior to final confirmation thereof, the estimated delivery time for an Order is between 3 to 7 working days from:
• the date of Purchase; or
• in the case of Flash Sale Products, the end of the relevant Flash Sale,
provided that if a Product is made to order, delivery can take between 14 and 21 days.
You will be able to see when your Order has been dispatched, and its tracking number, in the ‘My Delivery’ section of the Site. 36Boutiques may also notify you of the dispatch of your Order via email (to the email address we have on record for you), summarising the Products sent and informing you of the tracking number so that you can track it on the Site in the "My Delivery" section.
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 36Boutiques.
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 36Boutiques by way of email to care@36boutiques.com or by contacting the Call Centre at 0861 00 00 36.
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, 36Boutiques will notify the Purchaser and refund the Purchaser for the lost package (both the Product purchase price and any delivery charges).
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 36Boutiques 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, whereafter you are responsible for retaining your own record of the relevant sale or related transaction.
12 VOUCHERS & COUPONS
36Boutiques 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.
12.1 General
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 36Boutiques account.
12.3 Promotional Coupons
Promotional Coupons are issued at 36Boutiques’ 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.
13 SECURITY
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 36Boutiques 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 36Boutiques to take all reasonable steps to ensure the integrity and security of the Site and back-office applications.
All credit card transactions on the Site are secured by SSL (Secure Socket Layer) encryption and reinforced through various encryption processes in order to provide the most effective protection possible for all sensitive payment information. 36Boutiques 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 36Boutiques’ banking partner from time to time, will access confidential information (such as your card number, validity date etc).
36Boutiques’s registration documents and the Site's registered domain name are checked and verified by Thawte.
14 DISCLAIMER
Save for 36Boutiques 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 36Boutiques’ payment systems not being sufficiently secure,
neither 36Boutiques 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, 36Boutiques 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 care@36boutiques.com or by contacting the Call Centre at 0861 00 00 36.
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 36Boutiques 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 36Boutiques 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.
16 PRIVACY
36Boutiques 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...
36Boutiques may electronically collect, store and use the following of your personal information:
• name and surname;
• birth date;
• gender;
• country of residence;
• closest city;
• non-personal browsing habits and click patterns;
• e-mail address;
• IP address; and
• ID number / passport number.
36Boutiques 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 36Boutiques 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 36Boutiques; 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 36Boutiques and/or its partners / affiliates.
36Boutiques may collect, maintain, save, compile and share any information collected from you, subject to the following provisions:
o 36Boutiques shall not disclose your personal information unless you consent thereto or unless require for the purposes of any legal process.
• 36Boutiques may compile, use and share any information that does not relate to any specific individual; and
• 36Boutiques owns and retains all rights to non-personal statistical information collected and compiled by 36Boutiques.
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
36Boutiques may, in its sole discretion, change these T&C or any part thereof at any time.
If you are a registered Member, 36Boutiques will notify you of any such changes via email to the email address 36Boutiques 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 36Boutiques.
If you are NOT a registered Member, 36Boutiques 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.
18 DISPUTES
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 36Boutiques on any matter provided for in, or arising out of these T&C, and not resolved through the Customer Relations Department of 36Boutiques, 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 from http://www.arbitration.co.za/downloads/expedited_rules.pdf.
19 ADDRESS FOR NOTICES
36Boutiques 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: 7th floor, Eleven Adderley, 11 Adderley Street, Cape Town, 8001, South Africa, with a copy to legal@mihinternet.com (which copy must also be delivered in order for notice to be validly given).
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 36Boutiques from time to time (as described above), for so long as the Site exists and is operational, 36Boutiques 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 36Boutiques to do so, this may (in the sole discretion of 36Boutiques) 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 36Boutques might seek.
21 COPYRIGHT & OTHER INTELLECTUAL PROPERTY
Any and all copyright subsisting in the Site, including these T&C, vests in 36Boutiques 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 care@36boutiques.com or contact the Call Centre at 0861 00 00 36.
36Boutiques 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 36Boutiques 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 36Boutiques 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 36Boutiques, you consent to receiving communications from 36Boutiques 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 36Boutiques. Such permission could be obtained by contacting us by email at care@36boutiques.com or by contacting the Call Centre at 0861 00 00 36.
Hyperlinks provided on this Site to non-36Boutiques sites are provided as is and 36Boutiques 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 36Boutiques. Such permission could be obtained by contacting us by email at care@36boutiques.com or by contacting the Call Centre at 0861 00 00 36.
24 36BOUTIQUES 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.
36Boutiques’s information is as follows:
Full name: 36Boutiques, a division of MIH Internet Africa (Pty) Ltd, registered in South Africa, registration number 2007/014128/07
Main business: online retailer
Address for receipt of legal service: 7th floor, Eleven Adderley, 11 Adderley Street, Cape Town, 8001, South Africa
Office bearers: The list of office bearers can be found at: http://www.naspers.co.za
Webmaster: admin@36boutiques.com
Site: http://www.36Boutiques.com
Official email address: care@36boutiques.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
36Boutiques' Promotional Launch Offer: Terms of Promotional Code Usage
The use of The 36Boutiques' Launch Promotional Discount Code (hereafter 'the discount code") has it's usage restricted to the following non-negotiable Terms of Usage:
1. The discount code has a single usage per customer, this is not restricted to the first purchase but a single Cart of purchases including all applicable taxes (VAT) and the costs of the user's chosen method of delivery.
2. The discount code is only usable on 36Boutiques (http://www.36boutiques.com) and not on any other MIH Internet Africa (Pty) Ltd or Media24 website.
3. The discount code it is not redeemable for cash or store credit and is not transferable as legal tender or as a discount voucher.
4. The discount code has an expiration date and time. This date and time is for 12:00pm (midnight) local South African time (GMT+2) on 8 August 2011. There will no extension after this point and no consideration for extension will be considered.
5. The value of the discount code is limited to a discount of R36.00 (Thirty-six South African Rand) only.
6. 36Boutiques reserves the right to retract this discount code at any time, without exception.
7. No minimum purchase value is required, however the redemption of the discount voucher is dependent on the completion of a valid order via the 36Boutiques website.
8. The Terms and Conditions of 36Boutiques.com, a division of MIH Internet Africa (Pty) Ltd, apply through the duration of the promotion.
COMPETITION RULES: Win Shoes For a Year
This competition is promoted by MIH Internet Africa Pty Ltd (Reg: 2007/014128/07 ) (hereinafter referred to as "36Boutiques") ("MIHiA" or "us", "we", "our") Competition Period: The competition runs from 10 January 2012 ("Competition Period"). No entries will be accepted after midnight on 1 February 2012.
Who can enter:
You are entitled to participate in this competition if you are a natural person who is at least 18 years old and a South African citizen, whether or not you are an existing registered user of www.36boutiques.com
How to enter:
To enter this competition, you must complete the online entry form accessible via our Website (www.36Boutiques.com/competition
How many times you can enter:
Each unique email address shall constitute an entry.
No entry fees:
There are no entry fees to participate in the competition, and no purchase is necessary.
Prize:
There is 1 (ONE) prize to be won, comprising the following:
Shoes for the year of 2012, this equates to 1 (ONE) pair of shoes per month up until and including December 2012.
