Terms & Conditions
Terms and conditions of sale
Vindilac Clothing provides an online location for sellers to sell and buyers to purchase products.
Sellers include local and international sellers who sell marketplace products and Vindilac clothing who sells retail products. We will indicate on each product listing who the seller is.
Sales where Vindilac Clothing is the seller (retail products):
You acknowledge and agree that:
Your order remains valid as an offer until we deliver the products to you.
We will indicate the acceptance of your order by delivering the Products to you, and only at that point will an agreement of sale between you and Vindilac clothing come into effect. This is regardless of any communication from Vindilac clothing stating that your Order or payment has been confirmed. Vindilac clothing will indicate the rejection of your Order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
A Confirmation of Order email is for informational purposes only and should not be construed as the moment of agreement of sale. In that Confirmation of Order email, we may give you an Order reference number and details of the Product you have ordered. We may in our discretion refuse to accept an Order from you for any reason, including unavailability of supplies or We may offer you an alternative Product (in which case we may require you to re-submit your Order first).
Sales where local and international third parties are the seller (marketplace products):
You acknowledge and agree that:
we shall accept binding sales, on behalf of sellers, but Vindilac clothing is not a party to the transaction between the seller and the buyer; and a contract for the sale and purchase of a product or products will come into force between the buyer and seller, and accordingly you commit to buying or selling the relevant product or products, upon the buyer’s confirmation of purchase via the platform.
Subject to these general terms and conditions, the seller’s terms of business shall govern the contract for sale and purchase between the buyer and the seller.
A product from an international seller will bear the “Vindilac clothing Global” logo on the product listing. If you purchase one of these products the following additional terms and conditions apply:
You cannot purchase Vindilac clothing Global products valued at more than R1500 per order. Our Customer Service Department may cancel Products from your order if the value of Vindilac clothing Global Products exceeds R1500.
Vindilac clothing and it’s service providers will handle customs clearance on your behalf.
Customs and International Shipping fees shall be calculated at checkout and are not included in the Price displayed to you on the Product pages. You are responsible for these fees.
Customs and International Shipping fees are calculated according to product category, item price and weight/volume.
You are not expected to pay any additional duties or taxes after checkout. If you are asked by Customs or our logistic partner to pay duties, please contact our Customer Service team.
Vindilac clothing cannot be held responsible for delayed deliveries caused by any problems which may arise due to the importation of goods. This includes, but is not limited to, suppliers who delay orders, customs detaining shipments, acts of God, SARS inspections, customs inspections, Port Health inspections or freight delays.
International shipping fees are non refundable for any returns.
As Vindilac clothing Global Products are sourced internationally from a Third Party sellers we are unable to cancel orders once confirmed and paid for in full.
Notwithstanding the above terms, the following provisions will be incorporated into the contract of sale and purchase between the buyer and all the sellers:
the price for a product will be as stated in the relevant product listing;
the price for the product must include all taxes and comply with applicable laws in force from time to time;
delivery charges, packaging charges, handling charges, administrative charges, insurance costs, other ancillary costs and charges, will only be payable by the buyer if this is expressly and clearly stated in the product listing;
products must be of satisfactory quality, fit and safe for any purpose specified in, and conform in all material respects to, the product listing and any other description of the products supplied or made available by the seller to the buyer; and
the seller warrants that the seller has good title to, and is the sole legal and beneficial owner of, the products and/or has the right to supply the products pursuant to this agreement, and that the products are not subject to any third party rights or restrictions including in respect of third party intellectual property rights and/or any criminal, insolvency or tax investigation or proceedings.
We reserve the right, for purpose of suspected fraud, to refuse to accept or process payment on any order, and/or to cancel any sale concluded between you and the seller, in whole or in part.
Returns and refunds
Returns of products by buyers and acceptance of returned products by sellers shall be managed by us in accordance with the returns page on the platform, as may be amended from time to time. Acceptance of returns shall be in our discretion, subject to compliance with applicable laws of the territory.
Refunds in respect of returned products shall be managed in accordance with the refunds page on the platform, as may be amended from time to time. Our rules on refunds shall be exercised in our discretion, subject to applicable laws of the territory. We may offer refunds, in our discretion:
in respect of the product price;
local and/or international shipping fees (as stated on the refunds page); and
by way of store credits, wallet refunds, vouchers, mobile money transfer, bank transfers or such other method as we may determine from time to time.
Notwithstanding paragraphs 4.1 and 4.2 above, in respect of digital products or services, Vindilac clothing shall issue refunds in respect of failures in delivery only. Refunds of payment for such products for any other reasons shall be subject to the seller’s terms and conditions of sale.
Changes to our returns page or refunds page shall be effective in respect of all purchases made from the date of publication of the change on our website.
You must make payments due under
these general terms and conditions in accordance with the Payments
Information and Guidelines.
We will make delivery of your products in accordance with the Delivery Guidelines on the platform.
You may use a Gift Voucher as payment for any products on the platform.
You may purchase Gift Vouchers for use on the platform by yourself or as a gift for another person. These Gift Vouchers will be sent to you via email.
We may email Gift Vouchers to you. We accept no liability for errors in the email address of the Gift Voucher recipient.
If you have a Gift Voucher, that Gift Voucher can be used by someone other than you and you can assign your rights to use that Gift Voucher.
In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with the redemption of that voucher on the platform require a different means of payments.
We assume no liability for the loss, theft or illegibility of Gift Vouchers.
Gift Vouchers cannot be used to purchase other Gift Vouchers.
Gift vouchers are not refundable for cash once purchased.
Gift vouchers may only be purchased through cheque or credit card.
The credit of a Gift Voucher does not accrue interest nor does it have a cash value.
If the credit of a Gift Voucher is insufficient for the Order you wish to make, you may make up the difference through other payment methods.
Should you wish to return an item you have purchased using a Gift Voucher, please consult of our Returns Policy.
From time to time We may release, at our sole discretion, Coupons that may be used on the platform, which We will send to you by email. We accept no liability for errors in the email address of the coupon recipient. You do not have a right to a Coupon.
In the event of fraud, an attempt at deception or in the event of the suspicion of other illegal activities in connection with a Coupon purchase on the Site, we are entitled to close your Account and/or require a different means of payments.
We assume no liability for the loss, theft or illegibility of Coupons.
Coupons are valid for the specified period stated on them only. They can only be redeemed against regular priced products and cannot be used in conjunction with other promotional Coupons. You may add sale items to your cart, however their values shall not contribute to the total value of the minimum spend required.
Coupons cannot be redeemed against the purchase of event tickets of any nature. Individual brands may be excluded from Coupon promotions. Each Coupon will have it’s own T’s and C’s.
It shall be our sole discretion whether to allow a Coupon to be used in conjunction with a discount promotion. Each promotion shall have it’s own T’s and C’s.
The credit of a Coupon does not accrue interest nor does it have a cash value.
If the credit of a Coupon is insufficient for the Order you wish to make, you may make up the difference through other payment methods.
A Coupon discount is applied proportionally across the items in your cart. In the event that you return 1 or some of the items in your Order where you have redeemed a Coupon, the proportional discount applied across those Items, will not be refunded to you, or credited to your account. Please refer to the specific coupon’s terms and conditions to understand whether the coupon will be reinstated and the relevant terms that will be applied.
As a general rule, and unless specified otherwise on the specific Coupon itself:
A Coupon can only be used once per promotional offer;
Only one Coupon can be used per person unless Vindilac clothing specifies otherwise on the particular promotion.
Coupons cannot be redeemed against products sold by marketplace sellers.
Rules about your content
In these general terms and conditions, "your content" means:
all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our platform for storage or publication, processing by, or onward transmission; and
all communications on the platform, including product reviews, feedback and comments.
Your content, and the use of your content by us in accordance with these general terms and conditions, must be accurate, complete and truthful.
Your content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet, and must not:
be offensive, obscene, indecent, pornographic, lewd, suggestive or sexually explicit;
depict violence in an explicit, graphic or gratuitous manner; or
be blasphemous, in breach of racial or religious hatred or discrimination legislation;
be deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory;
cause annoyance, inconvenience or needless anxiety to any person; or constitute spam.
Your content must not be illegal or unlawful, infringe any person's legal rights, or be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law). Your content must not infringe or breach:
any copyright, moral right, database right, trademark right, design right, right in passing off or other intellectual property right;
any right of confidence, right of privacy or right under data protection legislation;
any contractual obligation owed to any person; or any court order.
You must not use our platform to link to any website or web page consisting of or containing material that would, were it posted on our platform, breach the provisions of these general terms and conditions.
You must not submit to our platform any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
The review function on the platform may be used to facilitate buyer reviews on products. You shall not use the review function or any other form of communication to provide inaccurate, inauthentic or fake reviews.
You must not interfere with a transaction by: (i) contacting another user to buy or sell an item listed on the platform outside of the platform; or (ii) communicating with a user involved in an active or completed transaction to warn them away from a particular buyer, seller or item; or (iii) contacting another user with the intent to collect any payments.
You acknowledge that all users of the platform are solely responsible for interactions with other users and you shall exercise caution and good judgment in your communication with users. You shall not send them personal information including credit card details.
We may periodically review your content and we reserve the right to remove any content in our discretion for any reason whatsoever.
f you learn of any unlawful material or activity on our platform, or any material or activity that breaches these general terms and conditions, you may inform us by contacting us as provided at section 24.
Our rights to use your content
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content across our marketing channels and any existing or future media.
You grant to us the right to sub-license the rights licensed under section 7.1.
You grant to us the right to bring an action for infringement of the rights licensed under section 7.1
You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
Without prejudice to our other rights under these general terms and conditions, if you breach our rules on content in any way, or if we reasonably suspect that you have breached our rules on content, we may delete, unpublish or edit any or all of your content.