FASHION VLC (PTY) LTD T/A VIBE LIFE CULTURE TERMS AND CONDITIONS FOR VIBE LIFE CULTURE WEBSITE
These terms (“terms”) govern your (“Customer”) use of Vibe Life Culture website, mobile site and ‘app’ located, inter alia, at the domain names www.vibelifeculture.com and vibelifeculture.mobi as well as via any other electronic application or media (“website”). By accessing and using the website, the Customer agrees to be bound by the terms set hereunder. If the Customer does not wish to be bound by these terms, the Customer may not access, display, use, download, or otherwise copy or distribute content obtained from the website.
2. UPDATING OF THESE TERMS
Vibe Life Culture may change and/or update any portion or the whole of these terms. Changes to these terms will become effective when the changes are posted to the website. Vibe Life Culture will notify the Customer of the changes on the website. The Customer’s continued use of this website following the posting of changes or updates will be considered notice of the Customer’s acceptance of these terms, including any changes or updates.
3. SUPPLIER OF GOODS OR SERVICES DETAILS
3.1In accordance with the disclosure requirements of the Electronic Communications and Transactions Act (“ECTA”), 25 of 2005, Vibe Life Culture makes the following information available to consumers:
3.1.1.The supplier is Fashion VLC (Pty) Ltd t/a Vibe Life Culture (“Vibe Life Culture”) a private limited company duly registered in terms of the laws of South Africa registration number: 2018/613423/07, operating via website;
3.1.2. Vibe Life Culture’s physical address is 5 Pretoria Street, Highlands North, Norwood, Johannesburg, 2192;
3.1.3. Vibe Life Culture will accept legal service at 5 Pretoria Street, Highlands North, Norwood, Johannesburg, 2192;
3.1.4. The Director of Vibe Life Culture is: Nicoletta Gregoriou;
3.1.5. Vibe Life Culture’s telephone number is: 066 454 3594;
3.1.6. Vibe Life Culture’s website is www.vibelifeculture.com and vibelifeculture.mobi and its email address is email@example.com.
4. GOODS AND SERVICES
4.1. The goods (“Goods”) offered by Vibe Life Culture are indicated on the website as updated from time to time.
4.2. The purpose of the website is to allow the Customer to order and view the Goods via the website.
4.3. The full price for the Goods is indicated on the website, as updated from time to time, and will vary depending on the type and quantity of the Goods ordered as well as any variations, amendments or upgrades made thereto.
4.4. Goods and services offered through this website by Vibe Life Culture are strictly on an “as is” basis for the price as indicated on the website, as updated from time to time.
4.5. Customers may place orders for Goods, which Vibe Life Culture may accept or reject. Whether or not Vibe Life Culture accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by Vibe Life Culture for the Goods.
4.6. The Customer understands that delivery times may be affected due to bad weather, traffic conditions, courier availability and/or any other unforeseen circumstances.
5.1. Free delivery is subject to the following terms and conditions:
5.1.1 A minimum order of R1200.00 is required to qualify for Free Delivery; and
5.1.2. The delivery address must fall within the Republic of South Africa.
5.2. Vibe Life Culture offers 1 (one) methods of delivery of Goods to you being courier services.
5.3. Our delivery charges are subject to change at any time, without prior notice to you, so. You will see the applicable delivery charges in your cart when you check out.
5.4. Where it accepts your order, Vibe Life Culture will deliver the Goods 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 the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.
5.5. Vibe Life Culture’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. Vibe Life Culture is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.
6.1. We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the website. However, should there be any errors of whatsoever nature on the website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.
6.2. Vibe Life Cultureshall not be bound by any incorrect information regarding our Goods displayed on any third-party websites.
7.1. In order to access some of the features of the website, the Customer must create an account (“Customer’s Account”), which details the Customer’s personal information. A Customer may never use another Customer’s Account without the express permission from that Customer.
7.2. The Customer is responsible for maintaining the confidentiality of the Customer’s Account and password and for restricting access to the Customer’s chosen electronic device.
7.3. The Customer agrees to accept responsibility for all activities that occur in relation to the Customer’s Account, including the purchasing of and payment for Goods.
7.4. The Customer warrants that all orders placed in relation to that Customer’s Account are made by the Customer or with the Customer’s express consent and the Customer will be responsible for the payment of any orders placed in respect of the Customer’s Account.
8. CANCELLATION AND OPTING OUT
8.1. Vibe Life Culture reserves the right, in its sole and absolute discretion, to terminate or cancel the Customer’s Account and to cease providing any of the Goods or services currently offered via the website, including the online ordering services.
8.2. The Customer may at any time voluntarily cancel the Customer’s Account and/or opt out of any promotional material sent to the Customer.
8.3. It is the sole responsibility of the Customer to ensure that the Customer’s Personal Information is accurate and complete. The Customer agrees that it is the Customer’s responsibility to notify Vibe Life Culture of any inaccuracies or incompleteness with respect to that Customer’s Personal Information and to supply Vibe Life Culture with the accurate and/or complete Personal Information.
Vibe Life Culture offers Customers to file complaints via the “Contact us” service of the website.
10. PAYMENTS AND REFUNDS
10.1. Payment can be made online by credit card payment may be made via Visa and MasterCard, electronic funds transfer or instant EFT using a sufficiently secure payment system. The payment system allows for review, corrections and withdrawal by Customer prior to placing a final order.
10.1.1. Card acquiring and security Card transactions will be acquired for Vibe Life Culture via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy
10.2. The Customer agrees to pay all amounts on its order to Vibe Life Culture as and when such amounts become due and payable. The Customer shall not be entitled to withhold payment of any amount to Vibe Life Culture for any reason.
10.3. The Customer makes use of the website on the basis that it promises that it has the legal capacity to enter into the transaction. Vibe Life Culture will only be considered to have concluded an agreement with the Customer once it has dispatched the Goods to the Customer.
10.4. Vibe Life Culture may cancel any order for any reason whatsoever. In this regard Vibe Life Culture undertakes to refund any money paid by the Customer if the order was cancelled by Vibe Life Culture.
10.5. The Content published on the website may contain technical inaccuracies or errors. If an error is made and Goods are listed at an incorrect price, Vibe Life Culture shall maintain the right to refund or cancel orders placed at the incorrect price. If the order has been confirmed and charged to the Customer’s credit card, Vibe Life Culture shall issue a credit in the amount of the incorrect price. Vibe Life Culture reserves the right to limit quantities on promotion Goods.
10.6. All prices shown on the website are inclusive of VAT at the standard rate.
10.7. Prices are subject to change without prior notice.
10.8. Customer details will be stored by Vibe Life Culture separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.
10.9. The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
10.10. Vibe Life Culture takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods. 11. Country of domicile This website is governed by the laws of South Africa and Vibe Life Culture chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.
10.11. Vibe Life Culture may, in its sole discretion, change this agreement or any part thereof at any time without notice.
10.12. This website is run by Fashion VLC (Pty)Ltd. (private company) based in South Africa trading as Vibe Life Culture and with registration number 2018/613423/07, and Nicoletta Gregoriou (Director).
11.1. If you are not completely satisfied, you can return the product to us and we will either repair / replace it, or credit your account, subject to the below terms.
11.2. You can return an unwanted product to us at no charge, provided:
11.2.1 it is undamaged and unused, with the original labels and stickers still attached;
11.2.2. it is in the original packaging, which must be undamaged and in its original condition with all seals still intact (if applicable).
11.2.3. you log a return on the Website within 30 days of delivery to you or collection by you of the unwanted product. After 30 days, you can only return a product if it is defective.
11.2.4. We will collect the product from you at no charge. Once we have inspected the product and validated your return, we will credit your account with the purchase price of the product within 10 days of the return (or refund you if that is your preference).
11.3. Fashion wear products can be exchanged for a different size or colour variation, provided that such variation is available. In such a case, we will collect the product from you and deliver the requested product to you at no charge. If such variation is not available, we will credit your account with the purchase price of the product within 10 days of the return (or refund you if that is your preference).
11.4. We are entitled to inspect the product to validate your return.
11.5. If we accidentally deliver the wrong product to you, or if the product is not as described on the website, please notify us and we will collect the product from you at no charge. Once we have inspected the product and validated your return, we will at your choice deliver the correct product to you as soon as possible (if the correct product is available); or credit your account with the purchase price of the product within 10 days of the return (or refund you if that is your preference).
11.6. Should a product be damaged or missing any parts or accessories at the time of delivery / collection, please notify us within 7 days of such delivery / collection by logging a return on the website. We will arrange to collect the product from you at no charge. Once we have inspected the product and validated your return, we will at your choice repair / replace the product as soon as possible (if such repair is possible/ we have the same product in stock to use as a replacement) or credit your account with the purchase price of the product (or refund you if that is your preference).
11.7. Please note that we only refund to the payment method that you originally used – i.e. payment by credit card will be refunded to the same credit card and payment by EFT will be refunded to your nominated bank account.
12. INTELLECTUAL PROPERTY RIGHTS
All intellectual property, including copyright, know-how, goodwill or trademarks used on or in relation to the website is owned by Vibe Life Culture and is protected by law, including but not limited to, the Trade Marks Act 194 of 1993, the Copyright Act 98 of 1978 as well as the common law of South Africa and various treaties and conventions. None of the materials may be copied, reproduced, modified, published, uploaded, posted, transmitted, or distributed in any form or by any means without the prior written permission of Vibe Life Culture. All rights are reserved and any unauthorised use of the copyright, trademarks or other intellectual property right appearing on the website may result in criminal and/or civil penalties.
13. LIMITED LICENSE TO CUSTOMERS
13.1. Vibe Life Culture grants the Customer, a non-exclusive, non-transferable, limited and revocable (reversible) right to access, display, use, download and otherwise copy the current and future content displayed on the website(“Content”), including the downloadable menu, for personal, non-commercial and information purposes only.
13.2. This website and the Content may not be reproduced or otherwise exploited for any commercial purpose without the express prior written consent of Vibe Life Culture.
13.3. The use of the website is limited to majors, who can purchase with a credit card. If a Customer is under the age of 18 (eighteen) years (“minor”), the minor may only use the website with the consent of a parent or guardian. Vibe Life Culture reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.
13.4. Vibe Life Culture, its affiliates or subsidiaries reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
13.5. Any unauthorised use terminates this license.
14. LIMITATION OF LIABILITY
14.1. To the full extent permitted by law, the website and all Content on the website, are provided on an “as is” basis, and may include inaccuracies or typographical errors.
14.2. Vibe Life Culture as well as their shareholders, suppliers, employees, directors, partners, affiliates and agents (“Service Providers”) will not be liable for any damage, or loss or liability of any nature, however arising (including negligence), including lost profits or any special, incidental or consequential damages arising out of or in connection with the use of the website, the Goods and services provided or these terms.
14.3. The Service Providers do not make any representations or warranties of any kind, express or implied, as to the operation of the website or the Information, Content, materials, or Goods included on the website. The Service Providers do not warrant that the website, its servers, or e-mail sent from them are free of viruses or other harmful code. The Service Providers will not be liable for any damages of any kind arising from the use of the website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. The Customer expressly agrees that its use of the website is at the Customer’s sole risk.
14.4. The Customer agrees to and hereby indemnify and holds Vibe Life Culture and the Service Providers harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from the Customer’s use of and access to the website, the Customer’s violation of any term of these terms and any claim that arises as a result of a Customer’s submission which causes damage to a third party.
15. PRIVACY, ACCESS TO AND USE OF INFORMATION
15.1. Vibe Life Culture receives various types of information (“Information”) from Customers who access the website, including personal information as detailed in the Promotion of Access to Information Act (“PAIA”), Act 2 of 2000, and as detailed in section 1 of the ECTA (“Personal Information”).
15.2. Vibe Life Culture may electronically collect, store and use Personal Information, including the name, contact details, email and IP address of the Customer. While Vibe Life Culture will take commercially reasonable care to safeguard the information provided by the Customer from unauthorized access or disclosure, Vibe Life Culture, its affiliates, shareholders, directors, employees and partners do not represent or guarantee that the safeguards will provide absolute protection to the Customer.
15.3. By providing the Personal Information to Vibe Life Culture the Customer consents to Vibe Life Culture collecting maintaining, storing and processing the information.
15.4. Vibe Life Culture will not, without the Customer’s prior consent, disclose Personal Information to a third party other than to effect the purchase, sale and delivery of the Goods or if legally required to do so. However, Vibe Life Culture may use the Personal Information to statistical or aggregated information in such a way that the Customer may not be identified.
15.5. Vibe Life Culture, its shareholders, affiliates, directors, employees and partners will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential or disclosed information that the Customer make to Vibe Life Culture through the Internet, or that the Customer expressly or implicitly authorises Vibe Life Culture to make, or for any errors or any changes made to any transmitted information.
15.6. To ensure acquaintance with and awareness of the privacy measures and policies of the Vibe Life Culture, the Customer is urged to take care to read and understand the underlying privacy clauses incorporated in these terms.
15.7. Vibe Life Culture may enter into business arrangements and its customer base is considered a valued asset. In such an event, customer Information will be one of the transferable assets.
15.8. Vibe Life Culture shall take all reasonable steps to protect the personal information of users. 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://www.polity.org.za/attachment.php?aa_id=3569 .
15.9. Customer details will be stored by Vibe Life Culture separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.
16.1. No waiver by a party of any breach, failure or default in performance by the other party, and no failure, refusal or neglect by a party to exercise any right hereunder or to insist upon strict compliance with or performance of the other party’s obligations under these terms, shall constitute a waiver of the provisions of these terms and a party may at any time require strict compliance with the provisions of these terms.
16.2. These terms constitute the entire agreement between the Customer and Vibe Life Culture with respect to the use of the website and the provision of the Goods. There are no other oral or written understandings or agreements between the Customer and Vibe Life Culture relating to the subject matter of these terms. Save as provided for herein, no amendment, cancellation or other modification of these terms shall be valid or binding on a party hereto unless reduced to writing.
16.3. These terms shall be governed by and in accordance with the laws of South Africa and the Customer consents to the jurisdiction of the High Court of South Africa, Gauteng Local Division, Johannesburg in the event of any dispute.
16.4. All the provisions of these terms shall be severable and no provision shall be affected by the invalidity of any of the other provisions.
16.5. The headings of the clauses are intended for convenience only and shall not affect the interpretation of these terms.