Terms and Conditions
Introduction
This website is operated by Vic Clothing and can be accessed at www.vicclothing.co.za. Throughout the site, the terms “we”, “us” and “our” refer to Vic Clothing. Vic Clothing offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
The site enables buyers to shop for items including footwear from local and international brands online and have them delivered to your address within South Africa.
By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. By registering, or using the site at all, you recognise that you've read, accepted and agreed to be bound by these terms and conditions.
We reserve the right to refuse service to anyone for any reason at any time. A breach or violation of any of the Terms will result in an immediate termination of your Services.
The site is owned and operated by Vic Clothing cc, registered in the Republic of South Africa.
Products and availability
Please note that all products are of limited offer. In the event that Vic Clothing is unable to fulfill any order because stock is sold out, Vic Clothing will inform the buyer and he/she be entitled to a refund for the rand value of the purchase.
Section 1 - Buying products
The site allows you, the user, to place electronic orders for products that are on offer as long as the products ordered and not sold out.
A purchasing contract between the buyer and Vic Clothing comes into effect once he/she has completed and submitted the online order form for the products in his/her shopping cart AND his/her payment has been received into Vic Clothing’s bank account). The above is dependent on whether the product(s) are available.
Vic Clothing have the right to remove any item from your shopping cart before the sale takes place in the event of the product going out of stock.
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
You may not use our products for any illegal or unauthorized purpose.
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
Vic Clothing reserves the right to refuse processing of payment for any order and cancel any purchase, partially or completely, with notice given to you. Vic Clothing will be liable for reimbursing you the rand value paid only if you have already paid for the cancelled order. You have the right to return item(s) purchased according to our Return Policy
Section 2 - Accuracy of billing and account information.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You aree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as we need
Section 3 - Fraud
Vic Clothing 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.
Vic Clothing may request documentation to complete the necessary fraud checks and cancel any order where the necessary documentation is not provided in a timely manner.
In the event of a fraudulent purchase being placed on Vic Clothing, cardholders will be advised to initiate a chargeback via their bank in order to be refunded. Vic Clothing does not process refunds for orders suspected of fraud.
Vic Clothing does not provide order details relating to orders suspected of fraud.
Section 4 - Making a Payment
Paying by credit card
Credit Card Acquiring – Payment Gateway
1. Credit Card Transactions are acquired by Payfast (Pty) Ltd, a registered systems operator and payment gateway in South Africa. Card Holders may go to www.payfast.co.za to view Payfast's security policy.
2. Vic clothing accepts payments made by Visa and MasterCard Credit Cards as well as chipped debit cards that have been activated for online purchases, and Electronic Funds Transfer (“EFT”).
4. If authorisation is not obtained, the order is cancelled. If authorisation is obtained, payment is usually immediate. You guarantee that you are fully authorised to use the credit card for payment of your order and that there are sufficient funds in this credit card account to cover the costs of any transactions you complete on Vic Clothing.
Section 5 - Delivery
Delivery time and delays
- 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 is 6 working days.
- As outlined in Section 7.1 above, all Vic Clothing's 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
- A delivery is considered complete as soon as the parcel is accepted by an individual on your behalf at your specified delivery address.
- This also applies when the package has been handed over by the courier, as indicated in the courier's tracking system.
- 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.
- Such complaints and claims must be brought to the attention of Vic Clothingby emailing admin@vicclothing.
Lost parcels
- If neither the depot nor the tracking system provides any indication where the parcel is, please send email to admin@vicclothing.
- If the parcel is found, it will be sent to the specified delivery address by the usual procedure, as set out in the delivery clause.
- If the parcel is declared lost, Vic Clothing will notify you and reimburse you for the lost parcel (to the amount of the product purchase price and any relevant delivery fee).
Section 6 - Online Return/Refund Policy
Need something returned? Not a problem, as per our Policy outlined below simply send your Return Request to admin@vicclothing.
Please note for ALL returns Vic Clothing requires:
- Original Sales Invoice to be present with returned goods.
- Exchanging non-suitable product(s)
Within 14-days of your order being delivered to your door, you can exchange the product(s) you ordered for a different size of the exact same product as long as the preferred size being requested is available on Vic Clothing. Should you wish to process an exchange please send you Return Request to admin@vicclothing.co.za
Please note, Vic Clothing reserves the right not to accept an exchange if the product you wish to exchange is not sent back to Vic Clothing in the exact packaging it was received in, with labels attached, in resalable conditions.
- Returning non-defective product(s)
2.1 You are entitled to return any purchase concluded on Vic Clothing and delivered within South Africa free of charge within 14 days of the product(s) being delivered. Vic Clothing will also pay the cost associated with collecting the return from you.
5.2 Consequently, if upon receiving your purchase you are not satisfied with your choice of product(s) and wish to return it for a refund as aforesaid, please retain the product(s)’ original packaging, with labels attached, and do not wear the product.
5.3 Should you wish to process an exchange please send you Return Request to admin@vicclothing.co.za
- Returning incorrect product(s)
As specified in our T&Cs, Vic Clothing will make all reasonable efforts to ensure the product information, availability, purchase price and associated delivery times and fees are accurately reflected on the site.
However, should Vic Clothing deliver the incorrect product(s) to you by mistake please do not remove the product from its original packaging, do not remove the labels or try the product on at all. Please send you Return Request to admin@vicclothing.co.za as soon as possible to notify VicClothing thereof. Vic Clothing will resolve the error by arranging to collect the incorrect product(s) from you and to deliver the correct product(s) to you as quickly as possible. Please do not try and remedy the situation by placing another order for the exact same product you were trying to purchase.
- Returning defective product(s)
General warranty:
Within 6 months of delivery of a product to you, you find that the product is faulty, not commercially acceptable, unsuitable for the purpose generally intended (or otherwise expressly indicated by Vic Clothing at time of purchase), or not legal or reasonably durable (based on the circumstances and product type) ("defective");
7.1 Please send send you Return Request to admin@vicclothing.co.za as soon as possible to notify Vic Clothing thereof. Vic Clothing will request pictures of the defective product and will arrange to collect such product from you so that it can be inspected by the Vic Clothing Quality Assurance team. If the product is subsequently found to indeed be defective, you are entitled to either –
(a) Be fully refunded, or
(b) have the product repaired or replaced at Vic Clothing's expense (the decision between repairing or replacing being that of Vic Clothing's depending on availability and other relevant circumstances, and in this regard you acknowledge that Sale/ On Special products will usually only be able to be repaired).
If the product is found NOT to be defective and is commercially acceptable, you will NOT be entitled to any repair, replacement or refund but will instead be liable for the costs incurred in having had such product returned to Vic Clothing, and then redelivered to you.
7.2 A product is NOT defective and you will NOT be entitled to any repair, replacement or refund under the general warranty above if
(a) The faults/damage are a result normal wear and tear;
(b) Damage arising from incorrect usage of the product;
(c) The item has a reasonable amount of manufacturing or production imperfections, but is acceptable in accordance with the generally accepted commercial practices.
- Return procedure to be followed
- Send your Return Request to admin@vicclothing.co.za
- Should you choose to submit and online return request form within 1 working day you will receive feedback from the Vic Clothing regarding your return.
8. Defective items, returns and reimbursement
If you are dissatisfied with your purchase due to a defect, incorrect product choice or other reason, you may return it to Vic Clothing within 14 days of delivery, free of charge if you are based in South Africa , and either receive a refund, or have the product repaired or replaced, depending on the situation.The Delivery and Returns Policy informs you of your rights in this regard.Our policy lasts 30 days. If 30 days have gone by since your purchase, unfortunately we can’t offer you a refund or exchange.
To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in the original packaging.
To complete your return, we require a receipt or proof of purchase.
Please do not send your purchase back to the manufacturer.
There are certain situations where only partial refunds are granted: (if applicable)
* Any item not in its original condition, is damaged or missing parts for reasons not due to our error.
* Any item that is returned more than 30 days after delivery
Refunds (if applicable)
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
Late or missing refunds (if applicable)
If you haven’t received a refund yet, first check your bank account again.
Then contact your credit card company, it may take some time before your refund is officially posted.
Next contact your bank. There is often some processing time before a refund is posted.
If you’ve done all of this and you still have not received your refund yet, please contact us at admin@vicclothing.co.za.
Exchanges (if applicable)
We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at sales@vicclothing.co.za and send your item to: 30 Somerset Street, Aliwal North, EC, 9750, South Africa.
To return your product, you should mail your product to: 30 Somerset Street, Aliwal North, Eastern Cape, 9750, South Africa.
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
Depending on where you live, the time it may take for your exchanged product to reach you, may vary.
If you are shipping an item, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.
Section 7 - Sales records
Complete records of each transaction between you and Vic Clothing are kept on the site for 12 months after a particular purchase or related transaction. After the 12-month period the responsibility of keeping such records falls onto you.
Section 8 - Personal information
Your submission of personal information through the store is governed by our Privacy Policy.
Section 9 - Indemnification
You agree to indemnify, defend and hold harmless Vic Clothing and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Vic Clothing is responsible for adhering to the Consumer Protection Act 68 of 2008 ("CPA") with the sale of any products from the site. Similarly, Vic Clothing 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 Vic Clothing 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, Vic Clothing provides no guarantee, implied or otherwise, that the content or technology attached to this website is free or 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 admin@vicclothing.co.za
Although the products on the site may be under guarantee, 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 Terms and Conditions, 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 Vic Clothing's 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.
Section 10 - Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 11 - Applicable Laws
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 Ts & Cs.
You and Vic Clothing 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.
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.
Section 12 - 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 Vic Clothing, 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 centre, 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.
Section 13 - Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Section 14 - Entire agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 15 - Changes to terms of service
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Vic Clothing may, at its own discretion, change these terms and conditions or any part thereof. If you are a registered account holder, Vic Clothing will inform you of changes by email (to the address you use on registration). At such point, it will be your responsibility to read through the revised terms and conditions to ensure you're satisfied.
If you're dissatisfied, you have the right to terminate your registration on Vic Clothing.
If you are NOT a registered user, Vic Clothing will be unable to let you know of changes to these terms and conditions.
It will be your own responsibility to visit the website to check whether the terms and conditions have changed, and to make sure you're satisfied with the changes. If you're dissatisfied with any changes, you should not use the site in any way.