www.collinscollection.co.za (“the Site”) enables registered users to shop online for Collins Collection clothing, (“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 Collins collection 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 (“Ts&Cs”) and by browsing or using the Site in any way, you hereby acknowledge that you have read and accepted these Ts&Cs.
If you do not agree to these Ts&Cc, do not register with or continue to use the Site. Your registration and/or continued use of the Site will constitute acceptance of the Ts&Cs, unmodified by you.
3 WHO YOU ARE CONTRACTING WITH
The Site is owned and operated by Collins Collection, a division of Lusimo Investments cc, registration number CK 1999/063522/23, a close corporation incorporated in the Republic of South Africa (hereinafter referred to as “Collins Collection”). More detailed information on Collins Collection can be found at the end of these Ts&Cs.
4 PRODUCTS AND 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”).
Collins Collection shall take all reasonable efforts to ensure that when stock is no longer available, that offers thereof are discontinued. However, should Collins Collection be unable to fulfill any Order placed by you at the advertised price due to stock having sold out, Collins Collection 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 Collins Collection 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 Collins Collection (“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 Collins Collection 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, Collins Collection may remove any Product from your shopping basket if stock of the Product is no longer available, or if 30 minutes has elapsed.. You then cannot hold Collins Collection liable if any Product is not available when you attempt to complete the Purchase at a later stage.
The invoice 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
6 TERMINATION OF PURCHASE AND CANCELLATION OF ORDER
6.1 By Collins Collection: Collins Collection 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. Collins Collection shall only be liable to refund monies already paid by you in respect of the cancelled portion of the Order (see Collins Collection Returns Policy in 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 Collins Collection website will only be returnable via Collins Collection ( either through the Post office or at our premises, during working hours). No returns will be accepted, alternations made, manufacturing defaults corrected or exchanges offered at any of the independent stores or boutique stores who sell Collins Collection.
7 AMOUNTS PAYABLE BY YOU
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.
7.2 Delivery Charges
Save for certain exceptions, delivery is free of charge. Please see details of these exceptions in our Shipping Information. . You will in any event be informed of any delivery charges prior to the finalisation of your Order.
Collins Collection 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, Collins Collection will not be obliged to sell Products at such incorrect Purchase Prices and/or delivery charges. Collins Collection 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 OPTIONS
Purchases may currently be paid for by credit cards, EFT (electronic funds transfers) and, in some cases, COD (cash on delivery).
8.1 PAYMENT BY CREDIT CARD
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. Also, you warrant that this credit card has sufficient available funds to cover all of the costs incurred as a result of using the Services.
8.2 PAYMENT BY EFT (electronic funds transfer)
Electronic funds transfer (EFT) from a shopper's bank account to the bank account of Collins Collection is another method of completing online purchases. Once you perform the checkout and select the EFT option, then an email will be sent to you with full instructions on completing the purchase.
8.3 PAYMENT BY COD (cash on delivery)
Collins Collection accepts Cash on Delivery. However, this simple method of paying is currently only available in Durban. A driver will deliver your purchase to your doorstep within two to three working days after placing your order. Please note we only accept payments in South African Rand (ZAR).
9.1 Place of delivery
Collins Collection only delivers Products via the South African Postal service 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 counter of the nearest branch of the South African post office.
9.2 Delivery time and delays
Unless otherwise stated to you prior to placing the Order to final confirmation thereof, the estimated shipping time for an order is between three and seven working days from the date of your purchase.
Collins Collection may also notify you of the dispatch of your Order via email (to the email address we have on record for you) summarizing the Products sent.
9.3 Partial Delivery
You will be informed of the partial delivery of an Order by email. A second email 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 inside.
9.4 Delivery Made
Each delivery is deemed to have been made once the Product has been signed for and collected from the Post office
It is your responsibility as Purchaser, to ensure that you check the package upon arrival and make any reservations and claims which might appear to be justified., You can even 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 Collins Collection as soon as possible after receiving the package..
9.5 Lost Packages
If neither the Post office nor the tracking system (in the "My Delivery" section) show any trace of the package, you must then get in touch with Collins Collection by way of email to firstname.lastname@example.org or by contacting us on (031) 3033968.
If the package is found, it will then be sent to the Post Office.
If the package is declared to be lost, Collins Collection will notify the Purchaser and refund the Purchaser for the lost package (both the Product purchase price and any delivery charges).
All products need to be returned within seven (working) days of receipt. Please refer to the Returns Policy, which regulates your rights in this regard.
10 DEFECTS, REFUNDS AND RETURNS
Should you not be satisfied with any Product purchase you have made 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 Collins Collection 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.
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 Collins Collection suffers any damage or loss.
You agree and warrant that your login name and password shall be used for your personal use only and not be disclosed to any third party.
You allow Collins Collection 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. Collins Collection 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 Collins Collection’s banking partner will, from time to time, access confidential information (such as your card number, validity date etc.).
Collins Collection’s registration documents and the Site's registered domain name are checked and verified by Thawte.
Save for Collins Collection 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 Collins Collection’s payment systems not being sufficiently secure,
neither Collins Collection 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, Collins Collection 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 email@example.com or by contacting the Call Centre at 082 7199029.
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 check that the service available from and through this Site will meet your individual requirements and is compatible with your hardware and/or software, prior to accepting these T&C.
Information, ideas and opinions expressed on this Site should not be regarded as professional advice or the official opinion of Collins Collection. You are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Site.
14 GOVERNING LAW AND JURISDICTION
This Site is hosted, controlled and operated from the Republic of South Africa and is therefore governed by South African law and subject to the ‘Disputes’ clause of these Ts&Cs. You and Collins Collection submit to the non-exclusive jurisdiction of the South African courts.
Each and every provision of these Ts&Cs shall be deemed to be separate and severable from the remaining provisions of these Ts&Cs. If any of the provisions are 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 remain of full force and effect.
Collins Collection 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).
Collins Collection may electronically collect, store and use the following of your personal information:
• name and surname;
• birth date;
• country of residence;
• closest city;
• non-personal browsing habits and click patterns;
• e-mail address;
• IP address; and
• ID number / passport number.
Collins Collection 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 you made , 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 Collins Collection;
• to compile non-personal statistical information about browsing habits, click-patterns and access to the Site;
• to verify your identity when transacting with Collins Collection 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 select not to receive any communications from Collins Collection
Collins Collection may collect, maintain, save, compile and share any information collected from you, subject to the following provisions:
• Collins Collection shall not disclose your personal information, unless you consent thereto or unless it is required for the purposes of any legal process
• Collins Collection may compile, use and share any information that does not relate to any specific individual; and
• Collins Collection owns and retains all rights to non-personal statistical information collected and compiled by Collins Collection
You acknowledge and agree that certain personal information (i.e. your full names, delivery address, email address, and contact number) will be disclosed to SA Post office to be used from time to time, to enable delivery of Products Purchased to you.
16 CHANGES TO Ts&Cs
Collins Collection may, in its sole discretion, change these Ts&Cs or any part thereof at any time.
If you are a registered Member, Collins Collection will notify you of any such changes via email to the email address Collins Collection has on record for you. You will then be responsible for reading the revised Ts&Cs and ensure that you are satisfied therewith and if not so satisfied, you are entitled to terminate your registration with Collins Collection.
If you are NOT a registered Member, Collins Collection will not be able to notify you of any changes to these Ts&Cs. It is your responsibility to visit the Site to see whether the Ts&Cs have been amended and to 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.
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 Collins Collection on any matter provided for in, or arising out of these Ts&Cs, and not resolved through the Customer Relations Department of Collins Collection, then such a dispute may be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa.
18 ADDRESS FOR NOTICES
Collins Collection chooses as its address for all purposes under these Ts&Cs, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following address: 1st Floor, Chamonix centre 39 Station Drive Durban 4000, South Africa, with a copy to firstname.lastname@example.org (this copy must also be delivered in order for notice to be validly given).
19 TERMS AND TERMINATION
These Ts&Cs shall commence from the date on which they are published on the Site and continue indefinitely, as amended by Collins Collection from time to time (as described above), for so long as the Site exists and is operational. Collins Collection is entitled to terminate these Ts&Cs and/or shut down the Site at any time, whilst still subject to processing any Purchases then already made.
If you fail to comply with your obligations under these Ts&Cs, including any incident involving the payment of the price of an Order, and you fail to remedy such failure within five Business Days of notice by Collins Collection to do so, this may (in the sole discretion of Collins Collection) lead to suspension of your access to the Service and the Site.
20 COPYRIGHT AND OTHER INTELLECTUAL PROPERTY
Any and all copyright subsisting in the Site, including these Ts&Cs, vests in Collins Collection 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.
Collins Collection 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 Collins Collection 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 are licensed to Collins Collection and are protected from infringement by local and international legislation and treaties.
21 ELECTRONIC COMMUNICATIONS
When you visit the Site or send emails to Collins Collection you consent to receiving communications from Collins Collection electronically.
22 HYPERLINKS, FRAMING, SPIDERS AND CRAWLERS
No person, business or website may link to any page on this Site without the prior written permission of Collins Collection. Such permission could be obtained by contacting us by email at email@example.com or by contacting us on 082 7199029
Hyperlinks provided on this Site to non- Collins Collection sites are provided as is and Collins Collection does not necessarily agree with, edit or sponsor the content on such web pages.
No person, business or website 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 Collins Collection. Such permission could be obtained by contacting us by email at firstname.lastname@example.org or by contacting us on 082 1799029
23 COLLINS COLLECTION 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.
Collins Collection’s information is as follows:
Full name: Collins Collection, a division of Lusimo Investments cc, registered in South Africa, registration number 1999/063522/23
Main business: Clothing manufacture
Address for receipt of legal service: 1st Floor Chamonix centre 39 Station drive Durban 4000 South Africa
Office bearers: Brett van Rooyen ( Managing member )
Official email address: email@example.com