Terms and Conditions of Use
You are reading a legal document. The matters referred to below constitute a legal agreement between you and us. Greenstone Marketing CC is a registered company in terms of the company laws of South Africa with our registered address at Hammets Crossing Office Park, No 2 Selbourne Road, Fourways, Johannesburg North, 2191
By browsing, accessing or using this website or by using any facilities or services made available through it or by transacting through or on it, you are agreeing to the terms and conditions that appear below all of which form the agreement between you and us. By making a purchase, you acknowledge that the purchase is made subject to this agreement.
2 About Us
ChicShapewear.com is an online boutique, which specializes in bringing Premium Quality Shapewear products from all over the world for the discerning South African woman. We are authorized retailers of all the brands and products sold via our site.
3 Use of the Website
You may only use this site to browse the content, make legitimate purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase. The website, services and purchases are for your non-commercial personal use only and must not be used for business purposes.
This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. Deep-linking, embedding or using analogous technology is strictly prohibited. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws.
To use this website or to make a purchase, you will require internet connectivity and appropriate telecommunication links. We shall not be liable for any telephone costs, telecommunication costs or other costs that you may incur.
The website is subject to change from time to time.
We will use our reasonable endeavours to maintain the website and to correct any errors or omissions as soon as practicable after being notified of them. However we do not guarantee that the website or any services offered will be free of faults. You will not be eligible for any compensation because you cannot use any part of the website or because of a failure, suspension or withdrawal of all or part of the website and we do not accept liability for any errors or omissions.
We do not warrant that your use of the website or any of the services will be uninterrupted and we do not warrant that any information (or messages) transmitted will be transmitted accurately, reliably, in a timely manner or at all.
We do not warrant that the website is free from viruses or anything else which may have a harmful effect on any technology.
4 Our Rights
We reserve the right to:
- modify or withdraw, temporarily or permanently, the website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the website; and/or
- change these Terms and Conditions of Use from time to time, and your continued use of the website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms and Conditions of Use have been changed. If you do not agree to any change to the Terms and Conditions of Use then you must immediately stop using the website.
We reserve the right to prevent you from using the website and the services (or any part of them) offered by us and to prevent you from making any purchase.
The website may collect certain information about your visit, such as the name of the internet service provider and the Internet Protocol (IP) address through which you access the internet; the date and time you access the website; the pages that you access while at the website and the internet address of the website from which you linked directly to our site. This information is used to help improve the website, analyze trends, and administer the website. We may need to change this policy from time to time in order to address new issues and reflect changes on our website. We will post those changes here so that you will always know what information we gather, how we might use that information, and whether we will disclose that information to anyone.
By registering at ChicShapewear.com you provide your consent to allowing ChicShapewear to communicate various messages relating to promotions, special offers, discounts and the like associated with the ChicShapewear online retail store. The form of communication will include but will not be limited to electronic mail, mobile communications (SMS), telephone calls and direct mail.
We may need to contact you for various reasons associated with the use of our service, even where you have indicated you do not wish to be contacted for direct marketing purposes, and accordingly will send (or may send) emails to you in some of the following example circumstances:
- after registration, notifying you of your account details;
- as reminder emails about the services we offer (particularly if you have not used them yet or not used them for a while);
- to send you information or vouchers which you have asked for;
- as a newsletter;
- as promotional emails and
- to offer related services to you.
However, in terms of any marketing or promotional emails we may send, we will always give you the chance to opt-out or unsubscribe from them in the future. We also always reserve the right to use and disclose your personally identifiable information in order to:
- comply with applicable laws;
- respond to governmental enquiries (or enquiries from a legal, governmental or quasi-governmental or local authority agency or Internet protection agency of any type);
- comply with a valid legal process or procedure; or
- protect our rights or property, this website, and/or other users of this website; or
- fulfill any contractual obligations we may have in relation to your use of the service and/or transacting on the website.manage your account and provide you with customer support; and
- communicate with you.
If there is a sale, merger, consolidation, change in control, transfer of substantial assets, re-organization or liquidation of Greenstone Marketing CC then, in our sole discretion, we may transfer, sell or assign information collected on and through this website to one or more relevant third parties.
6 Cookie Tracking
The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the website, and understanding how visitors use the website. Cookies can also help customize the website for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties including advertisers, suppliers and investors for the purposes of improving the service and analyzing the business.
7 Third Party Links
In an attempt to provide increased value to our users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources. If you decide to access any of the third party websites linked to our website, you do so entirely at your own risk. Please be aware that these other websites may have different security and privacy policies and we have no control over and take no responsibility for any information submitted to these other websites.
We may place advertisements in different locations on the website and at different points during use of the service. You are free to select or click on advertised goods and services or not as you see fit. Any advertisements may be delivered on our behalf by a third party advertising company.
9 Product availability
Every effort is made to effect shipment of your order timeously however unforeseen circumstances may cause delays. Should we be faced with such an occurrence ChicShapewear will contact you via email and provide a revised shipping schedule.
10 Delivery Policy
When you click to make a purchase with us legal obligations arise and your right to refund of monies charged to your credit card or paid in any other way agreed by us, are limited by our terms and conditions. You must not make any purchase through this site unless you understand and agree to all our terms and conditions. Once payment is made for the purchase, it is deemed that you have read and understood the terms and conditions for such purchase. Once payment has been made you may not cancel the order. If you would like to cancel your order you must request a refund from the ChicShapewear call center. We are not responsible for delayed deliveries caused by any problems which may arise due to the circumstances beyond our control. This means that if an order is delayed, the customer is not entitled to a refund. Delivery estimates are only estimates. Refunds will be made within our sole discretion. Please do not purchase if you do not agree to these conditions. Further to this, if delivery is made and you are not available at the address and/or your phone number is not working - resulting in the shipment being returned to ChicShapewear - you will be liable for shipping costs due to non delivery. If you have any queries please contact us before making any purchase of any product or service through this website.
11 Order processing
Order processing will not begin until we receive a confirmed order and full payment.
12 Refunds/returns Policy
If you are not completely satisfied with an item, you may return it and we will refund your purchase if it is eligible as per conditions below (DOES NOT APPLY TO SALE MERCHANDISE - PLEASE REFER TO FAQ PAGE FOR SALE TERMS & CONDITIONS):
All returns must be reported no later than 24 hours after delivery and must reach ChicShapewear no later than 7 calendar days after the order is received.
To report a return, please E-mail firstname.lastname@example.org with your order details.
All returned items must be in their original state and deemed to be unworn before they can be accepted for a refund.
Due to the intimate nature and hygienic standards of certain items, we regret that it is not possible for us to accept returns on hosiery items and any shapewear and swimwear that includes a panty. If these items are returned to Chic Shapewear, they will be sent back to you at your expense.
HOW TO RETURN A PURCHASE
Please e-mail us and detail the item(s) you wish to return and order reference number.
Returns should be sent to:
Attn: Returns Department
Regus Lonehill Office Park, 5 Lone Close, Lonehill Ext. 9, Fourways, Johannesburg, 2191
Your refund/ return query will be processed within 7 working days from the date the returned garment/s is received by ChicShapewear
If you are unsure of size, please consult our sizing guide, or email us for advice.
13 Payment Options
All transactions will be processed in South African Rands (ZAR). We accept MasterCard and Visa credit cards. If you do not have a credit card please email us and we will forward you banking details for you to do an electronic funds transfer or direct deposit. For more information about how to order, special order requirements and other payment options, please contact us on email email@example.com
14 Security Policy
Virtual Card Services process all credit card transactions. All credit card transactions are 128 bit Secure Socket Layers (SSL) encrypted. The company registration documents and the site registered domain name are checked and verified by Thawte, ensuring the cardholder and merchant that nobody can impersonate VCS to obtain confidential information.
Virtual Card Services is committed to providing secure online services. All encryption complies with international standards. Encryption is used to protect the transmission of personal information when completing online transactions. Virtual Card Services Internet servers are protected by firewalls and intrusion detection systems.
The Merchant does not have access to credit details.
Virtual Card Services continually reviews and enhances its security in line with technological changes.
We have the right, but not the obligation, to monitor any activity and content associated with the website. We may investigate any reported violation of these conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the website).
The Conditions will be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions. If you choose to access the website or make a purchase from locations outside of South Africa, you do so at your own initiative and are responsible for the consequences and for compliance with all applicable laws.
17 Contact Details
Postal address: ChicShapewearPO Box 786191Sandton2146Email address: info@ChicShapewear.com Fax numbers: 086 519 0122
18 Electronic Communications
When you visit ChicShapewear.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
19 Intellectual Property
All intellectual property rights including all copyright, patents, trade marks, service marks, trade names, designs whether registered or unregistered in the website and service, information content on the website or accessed as part of the service, any database operated by us and all the website design, text and graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) shall remain our property (or that of our licensors) with the exception of intellectual property owned by any advertisers or merchants on our website. You shall not, and shall not attempt to, obtain any title to any such intellectual property rights.
None of the material listed above may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission. You may, however, retrieve and display the content of the website on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the website without our permission.
Any material you transmit or post or submit to the website (or otherwise to us) shall be considered (and we may treat it as) non-confidential and non-proprietary, subject to our obligations under data protection legislation.
All comments, suggestions, ideas, notes, drawings, concepts or other information: (i) disclosed or offered to us by you; or (ii) in response to solicitations by us regarding the service or the website shall be deemed to be and shall remain our property and you hereby assign by way of present and future assignment all intellectual property rights therein, to us.
ChicShapewear.com grants you a limited license to access the ChicShapewear.com website however any changes to the site, without prior notice and written consent are not allowed.
This license does not permit any resale or commercial use of the ChicShapewear.com website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the ChicShapewear.com website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The ChicShapewear.com website or any portion of the ChicShapewear.com website, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the prior written consent of ChicShapewear.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ChicShapewear.com and our affiliates without prior written consent.
20 Registration and Accounts
You must register in order to make a purchase from the website. We reserve the right to decline a new registration or to cancel an account and orders at any time.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
We will allocate a password to you and your account. You must keep the password confidential and immediately notify us if any unauthorized third party becomes aware of that password or if there is any unauthorized use of your email address or any breach of security known to you. You agree that any person to whom your user name or password is disclosed is authorized to act as your agent for the purposes of using (and/or transacting via) the website. Please note that you are entirely responsible for any loss or damage you may suffer if you do not maintain the confidentiality of your password and an unauthorized person is able to access your account.
All accounts must be registered with a valid personal email address that you access regularly, so that, among other things, moderation emails can be sent to you. Any accounts which have been registered with someone else’s email address or with temporary email addresses may be closed without notice. We may require users to re-validate their accounts if we believe they have been using an invalid email address.
We reserve the right to close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple registration accounts, or if a non-South African user pretends to be a South African user, or disrupts the website or the service in any way.
If you use multiple logins for the purpose of disrupting a community or annoying other users you may have action taken against all of your accounts.
21 Personal Information
By submitting the information on this website you confirm that you submit your own and correct information, and that you give permission to ChicShapewear.com to process this information according to website Terms and Conditions of Use.
No user, who submitted their personal information, is allowed to object to further usage or processing of such information according to Terms and Conditions of Use, and by accessing/reading Terms and Conditions of Use of ChicShapewear.com and accepting these terms, and further submitting your personal information, you give to ChicShapewear.com unrestricted consent to hold or process such information the way ChicShapewear.com sees best for you.
By reading/accessing the Terms and Conditions of Use of ChicShapewear.com you are notifying us that, you submit your information willingly on ChicShapewear.com and you will be contacted telephonically and/or sms and/or e-mail, and by submitting such information you give full consent to such communication from ChicShapewear.com and its agents
Restrictions - Only users of 18 years or older are allowed using services of this website. ChicShapewear.com only accepts users who are willing to submit complete personal information (according to ChicShapewear.com forms) and have a genuine interest in shopping online.
Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere.
Despite our best efforts, a small number of the items in our catalogue may be mispriced. If an item`s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
ChicShapewear (www.ChicShapewear.com) cannot accept orders for out of stock products or services. If the products and services ordered by you are not available or only a portion is available, you may cancel the order, or re-order the quantity that is available from a different supplier.
ChicShapewear reserves the right to cancel an order at any time.
23 Disclaimer of Warranties and Limitation of Liability
This site is provided by chicshapewear.com on an "as is" and "as available" basis. Chicshapewear.com makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk.
To the full extent permissible by applicable law, chicshapewear.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Chicshapewear.com does not warrant that this site, its servers, or e-mail sent from chicshapewear.com are free of viruses or other harmful components. Chicshapewear.com will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Neither chicshapewear.com nor its directors, employees, officers, suppliers, nor its service providers make any representations or warranties of any kind, express or implied, as to the operation of the chicshapewear.com website or the information, content, materials, or products included on the website. You expressly agree that your use of the chicshapewear.com website is at your sole risk.
You shall indemnify us against each loss, liability or cost incurred by us arising out of any claims or legal proceedings which are brought or threatened against us by any person arising from: a) your use of the service or website; b) the use of any voucher c) the use of the service or website through your password; or any breach of this agreement by you.
Neither Chicshapewear nor any of its directors, employees, agents or representatives shall be liable for any damage, loss or liability of whatsoever nature and howsoever arising from your use of the website or the services provided from and through this website.
In particular, we do not warrant and we exclude all liability in respect of:
a) the accuracy, completeness, fitness for purpose or legality of any information accessed using the service or website or otherwise; and
b) the transmission or the reception of or the failure to transmit or to receive any material of whatever nature; and
c) your use of any information or materials on the website (which is entirely at your own risk and it is your responsibility);
d) the quality, safety, usability or any other aspect of the products or services in respect supplied;
regardless of whether any loss suffered by you comprises of loss of business; opportunity; goodwill; reputation; damage to or corruption of data; or any indirect or consequential loss; and such liability is excluded whether it is foreseeable, known, foreseen or otherwise.
The limitation of liability has effect in relation both to any liability expressly provided for under this agreement and to any liability arising by reason of the invalidity or unenforceability of any term of this agreement.
24 Location Rights
By accepting the terms and conditions you agree that on submission/processing of your online credit card payment ChicShapewear.com may verify your geographical location through GSM Network technology. You therefore warrant that the mobile number entered on your account is correct and that you are the legal owner. This acceptance will be deemed as written consent to have information relating your location to be made available to ChicShapewear.com.
ChicShapewear.com only allows the usage of vouchers during checkout. A voucher may only be redeemed once per customer. ChicShapewear.com has the right to review, decline, and limit any voucher if fraud or abuse is evident.
26 Suspension and Termination
If you use (or anyone other than you, with your permission uses) the website or service in contravention of this agreement, we may suspend your use of the website and/or service (in whole or in part). If we suspend the website or a service we may refuse to restore the same until we receive an assurance from you, in a form we deem acceptable that there will be no further breach of the provisions of this agreement.
We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone in breach of this agreement.
Without limitation to anything else in this we shall be entitled immediately or at any time (in whole or in part) to:
a) suspend the website and/or a service;
b) suspend your use of the website and/or a service;
c) suspend the use of the website and/or a service for persons we believe to be connected (in whatever manner) to you; and/or
d) terminate this Agreement immediately if:
e) you commit any breach of this Agreement;
f) we suspect, on reasonable grounds, that you have, might or will commit a breach of these terms; or
g) we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.
Notwithstanding anything else in this clause, we may terminate this Agreement at any time. Our right to terminate this agreement shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
Words denoting persons includes natural persons, partnerships, limited liability partnerships, bodies corporate and unincorporated associations of persons.
Clause headings are purely for ease of reference and do not form part of or affect the interpretation of this Agreement.
No partnership/agency: Nothing in this Agreement shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.
No other terms: Except as expressly stated in this agreement, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
Assignment: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under this agreement. We shall have the right to assign or otherwise delegate all or any of our rights or obligations under this agreement to any person.
Force majeure: We shall not be liable for any breach of our obligations under this agreement where we are hindered or prevented from carrying out our obligations by any cause outside our reasonable control, including by lightning, fire, flood, extremely severe weather, strike, lock-out, labour dispute, act of God, war, riot, civil commotion, explosion, malicious damage, failure of any telecommunications or computer system, compliance with any law, accident (or by any damage caused by any of such events).
Entire agreement: This agreement contains all the terms agreed between the parties regarding its subject matter and supersedes and excludes any prior agreement, understanding or arrangement between the parties, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to this agreement except as expressly stated in this agreement. Neither party shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into this agreement (unless such untrue statement was made fraudulently or was as to a matter fundamental to a party`s ability to perform this agreement) and that party`s only remedies shall be for breach of contract as provided in this agreement.
No waiver: No waiver by us of any default of yours under this agreement shall operate or be construed as a waiver by us of any future defaults, whether or a like or different character. No granting of time or other forbearance or indulgence by us to you shall in any way release, discharge or otherwise affect your liability under this agreement.
Notices: Unless otherwise stated within this agreement, notices to be given to either party shall be in writing and shall be delivered by hand, electronic mail (other than, if you are sending a notice to us for the purpose of legal process) sent by fax or by pre-paid post, to you at the address you supplied to us or to us at our physical office which
Third party rights: All provisions of this agreement apply equally to and are for the benefit of Greenstone Marketing CC, its subsidiaries, any holding companies of Greenstone Marketing CC, its (or their) affiliates and its (or their) third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that this agreement may be varied or rescinded without the consent of those parties). Subject to the previous sentence, no term of this agreement is otherwise enforceable by any person who is not a party to it.
Survival: In any event, the provisions of clauses 19 of this agreement, together with those provisions that either are expressed to survive its expiry or termination or from their nature or context it is contemplated that they are to survive such termination, shall survive termination of the agreement. In the event you use the website and any service again, then the provisions of the terms and conditions that then apply will govern your re-use of the website and/or service.
Severability: If any provision of this agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this agreement shall not be affected.