terms & conditions
You are reading a legal document which is the agreement between you, the Customer (whom we refer to as “you”, “your” or the “Customer” in this document) and us. We are April Showers Investments CC trading as Lingerie Letters and we are the owner of this website. We are a company registered in South Africa with our physical office at 4 Melkbaai Street, Strand, Western Cape, 7140 (and we refer to ourselves as “Lingerie Letters”, “we” or “us” or “our” in this document). Our company registration number is 2011/106565/23.
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the Products listed on our website [Lingerie Letters.co.za] (our site) to you via our Subscription Service or Online Boutique Shop (Products). Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
We reserve the right to amend these terms and conditions at any time. All amendments to these terms and conditions will be posted online. You may terminate this Agreement by written notice to us (by e-mail to Lily@lingerieletters.co.za) if you do not wish to be bound by such new terms and conditions. However, continued use of the Service or the Website will be deemed to constitute acceptance of the new terms and conditions. You should print a copy of these terms and conditions for future reference.
1. SERVICE/PRODUCT AVAILABILITY
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR).
2. BY PLACING AN ORDER THROUGH OUR SITE, YOU WARRANT THAT:
– you are legally capable of entering into binding contracts;
– you are at least 18 years old;
– you are resident in one of the Serviced Country; and
– you are accessing our site from that country.
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US:
3.1 After placing an order online you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
3.2 Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
3.3 The Subscription plan to our service (gifting excluded) consists of an initial charge and then followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Lingerie Letters may submit periodic charges (e.g. monthly) without further authorisation from you, until you provide prior notice that you have terminated this authorisation or wish to change your payment method. Such notice will not affect charges submitted before Lingerie Letters reasonably could act.
3.4 Auto-renewal. Your Lingerie Letters subscription will be automatically extended for successive renewal periods of the same duration as the initial subscription term of your choice, at the then-current non-promotional subscription rate. To cancel your subscription at any time, please email us at Lily@Lingerieletters.co.za. If you cancel, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
3.5 To terminate your authorisation or change your payment method email Lily@Lingerieletters.co.za. The customer is entitled to cancel the contract when the contract term expires, or at any other time, given that he/she gave Lingerie Letters 20 business days notice in writing. Where the consumer cancels the contract before the expiry date, Lingerie Letters will be entitled to any outstanding amounts, as well as a reasonable cancellation fee. If you cancel, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
4. CONSUMER RIGHTS:
4.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days of signing up for a subscription order with Lingerie Letters. If applicable and should Lingerie Letters have received any funds from you in this regard you will receive a full refund of the price paid.
4.2 To cancel a Contract, you must inform us in writing.
4.3 Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your other statutory rights as a consumer.
5. AVAILABILITY AND DELIVERY:
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within the first 15 days of the following month, provided you passed your order before the cut-off date at 12pm on the 15th of the current month.
6. RISK AND TITLE:
6.1 The Products will be at your risk from the time of delivery.
6.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
7. PRICE AND PAYMENT:
7.1 The price of our Products and our delivery charges will be as displayed on our website, except in cases of obvious error.
7.2 Payment is accepted via credit/cheque card (Visa or Mastercard), debit order and direct transfer. Online credit/cheque card transactions will be acquired for Lingerie Letters via Wirecard Solutions South Africa (Pty) Ltd (“Wirecard”). Wirecard uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3), and no credit/cheque card details are stored on their website. Users may go to their website (www.wirecard.co.za) to view their security certificates and security policies. Customer details will be stored by Lingerie Letters separately from card details which are entered by the client on Wirecard’s secure site. Lingerie Letters take all reasonable steps to scrutinise all transactions to prevent attempted fraud and a transaction may be refused if Lingerie Letters is not satisfied with its legitimacy. Debit orders are passed on the 18th or the 28th of the month. In the event that the payment day falls on a weekend, or recognised South African public holiday, the payment day will automatically be the very next ordinary business day. Furthermore, customers need to ensure they they have sufficient funds available in their bank accounts to meet the obligations. Credit/cheque card (Visa or Mastercard) will be debited within 2-3 business days when you sign up for our Subscription service and subsequently – unless you cancel the contract – on the same day of the month (+2 days difference maximum) when your next payment cycle is due.
7.3 For Subscription Service Customers, the cost of delivery is included in the Subscription Fee. For Online Boutique Shop purchases, delivery will cost R70 unless you purchase R1500 or more worth of Products in a single transaction.
7.4 Product prices and delivery charges are liable to change at any time, but changes will not affect Online Boutique Ahop purchases in respect of which we have already sent you a Dispatch Confirmation.
7.5 Lingerie Letters may increase the price which you pay for the Subscription Service from time to time without prior notice. In particular (but without limitation), we will increase the price by a reasonable margin on an annual basis. If you want to receive particular notice of such increase, you need to tell us so in writing. Should you not find an increase acceptable, you may cancel this Agreement on 20 Business Days’ notice.
8. RETURNS, NON-DELIVERY & REFUNDS:
8.1 Returns: Due to the personal nature of Products, Lingerie Letters will not accept returns on any Subscription Service or Online Boutique Shop purchases (Products) unless you consider the Product is defective, or you have notified us in accordance with clause 19 that you do not agree to a change in these terms and conditions or in any of our policies. Please note that your return is your responsibility until it reaches Lingerie Letters, we therefore recommend insuring return parcels. Returns are only valid for 14 days after receipt after which will not be accepted by Lingerie Letters.
8.1.1 Returns & Refunds: Refunds will only be processed should we not have a replacement Product or Product of similar value to send you. In this instance, we will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, and applicable delivery charges and any reasonable costs you incur in returning the item to us.
8.2 Refunds: We will refund any money received from you via MyGate using the same method originally used by you to pay for your purchase or alternatively via EFT.
8.3 Non-Delivery & Replacements: Provided you signed up before 12pm on the 15th of the previous month (Month 1) all Subscription Service Products should be delivered by the 15th of the month (Month 2). Should you not receive your Subscription Service Product by the 30th of the month (Month 2) please notify us in writing at Lily@lingerieletters.co.za. Lingerie Letters will endeavour to replace your non-delivered Product with the same Product or Product of similar value as soon as possible after notification has been received. All non-delivery claims to be in writing to Lily@lingerieletters.co.za and to be made within 30 days from the 15th of Month 2 (i.e. by the 15th of Month 3). Lingerie Letters will not be held liable to claims of non-delivery after 30 days from the 15th of Month 2 (i.e. after the 15th of Month 3). Lingerie Letters will not replace your non-delivered Subscription Service Product for two consecutive months.
8.3.1 Non-Delivery & Refunds: Lingerie Letters will not issue a refund for non-delivered Subscription Service Products unless we do not have a replacement Product or Product of similar value to send you.
We warrant to you that any Product purchased from us through our site will, on delivery, conform to its description, be of satisfactory quality, and be reasonably fit for all the purposes for which Products of that kind are commonly supplied.
10. WRITTEN COMMUNICATIONS:
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Lingerie Letters at Lily@Lingerieletters.co.za. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent. In proving the service of any notice, it will be sufficient to prove, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
12. TRANSFER OF RIGHTS AND OBLIGATIONS:
12.1 The Contract between you and us is binding on you and us and on our respective successors and assignees.
12.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
12.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
12.4 It is at our discretion to renew monthly Subscriptions.
12.5 We reserve the right to pass on data generated – yet anonymous – to specially selected third parties for research purposes.
13. EVENTS OUTSIDE OUR CONTROL:
13.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
13.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
13.2.1 strikes, lock-outs or other industrial action;
13.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
13.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
13.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
13.2.5 impossibility of the use of public or private telecommunications networks; and
13.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
13.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
14.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
14.2 A waiver by us of any default will not constitute a waiver of any subsequent default.
14.3 No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the clauses above.
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
16. ENTIRE AGREEMENT:
16.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
16.2 We each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
16.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
16.4 Nothing in this clause limits or excludes any liability for fraud.
17. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS:
17.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
17.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
18. LAW AND JURISDICTION:
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by South African law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of South Africa.