Terms and conditions - Suitability

INTRODUCTION

Suitability is a company duly registered within the Republic of South Africa in accordance with the Companies Act 71 of 2008 and adheres to the Consumer Protection Act 68 of 2008 (CPA), the Protection of Personal Information Act 4 of 2013 (POPI) and the Electronic Communications and Transactions Act 25 of 2002 (ECTA) including all amendments and regulations thereto.

Suitability provides an online store for the sale and supply bespoke clothing and accessories to retail customers.

USE OF THE WEBSITE AND ONLINE STORE

Your use, access and interaction with this website or online store is subject to and governed by the terms and conditions set out below.

Should you not agree to any of the terms contained below, you are to immediately cease using the website or online store as your continued usage constitutes acceptance of all the terms and conditions set out below.

DEFINITIONS AND INTERPRETATION

In this Agreement, unless the context otherwise requires, the following definitions shall apply:

“Agreement” means this agreement between Suitability and the Consumer

“Business Day” means any day (other than Saturday or Sunday) on which clearing banks are open for business in South Africa.

“Consumer” means a Consumer in terms of the Consumer Protection Act 68 of 2008.

“The Consumer Protection Act” means the Consumer Protection Act 68 of 2008 (the “CPA”)

“The Protection of Personal Information Act of 2013” means the Protection of Personal Information Act of 2013 (the “POPI”)

“Privacy Policy” means the Privacy Policy available on Suitability’s Website or Online store which the Consumer or Retailer assents to.

“Shopping Cart” means any and all goods selected by the Consumer or Retailer or User which once selected form part of the User’s order. The shopping cart serves merely as an online item placeholder for goods prior to the transaction being finalized. Suitability reserves the right to remove, modify or otherwise change the items available in the shopping cart at any time. Items in the shopping cart may be available for a limited period of 60 mins only taking into consideration demand and availability of stock. Items are sold on a “first come first serve” basis and Suitability cannot guarantee the availability of items in the user’s shopping cart.

“Checking Out/Check Out” means any and all goods selected by the Consumer which are then confirmed and accepted by User in completion of the transaction.

“Contract” means the completion of an order and commencement of a legally binding agreement between Suitability and the Consumer.

“Order” means a purchase completed or submitted by means of Suitability’s website or online store.

“You/Your” means the Consumer or User of the Suitability website or online store.

“User” means any natural person who makes use of, transacts on, contracts with, or makes use of the Suitability website or online store.

“Website or Online Store” means the Suitability website and online store hosted on www.suitability.co.za, including its official social media accounts, mobile websites and mobile applications.

FORMATION OF A LEGALLY BINDING CONTRACT

Suitability offers goods or services by means of its website and online store, which may be purchased by consumers via electronic or other transaction methods. Upon registering on Suitability’s website or online store, the consumer may place an order for the purchase of goods, which shall constitute a valid acceptance of the offer and thereby a legally binding Agreement of Sale.

The sale shall be completed and in effect once the consumer has completed and submitted an electronic order via the website or online store and completed “Check Out” of items available in the User’s “Shopping Cart” Upon completion of the online sale, payment via one of the available transaction options becomes immediately due, owing and payable including any applicable taxes and delivery charges. The Consumer or User of the website or online store warrants, by use and continued use of Suitability’s services that he/she is over the age of 18 and possesses the necessary consent and faculties to transact with Suitability.

RESPONSIBILITY

Suitability 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.

MERCHANT OUTLET COUNTRY AND TRANSACTION CURRENCY

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).

ACCEPTED PAYMENT METHODS:

Suitability reserves the right to obtain validation of the user’s payment details before delivery of the goods. Once payment has been made for an order, the order remains valid as an offer until Suitability issues a confirmation of order or a notice revoking the order.

All goods shall remain the sole property of Suitability until payment has been made in full by the User. Once payment has been made a valid sale shall have been concluded encompassing an offer by Suitability and acceptance by the User. Suitability offers the following methods of payment in completion of your transaction:

PAYMENT VIA CREDIT AND DEBIT CARDS (PAYGATE):

Payment may be made via Visa and MasterCard.

Please ensure you are activated for internet banking with your bank Suitability accepts Credit Card and Debit or Cheque card payment via Visa and MasterCard only. These transactions shall be secure by means of our designated service provider, who shall ensure that your information is kept secure, that the correct amounts are debited and that your information is not disclosed without authorization or leaked, changed or misused.

Should you have any concerns related to your card payment you are to contact us immediately via our designated customer service channels below. The user warrants that he/she is in possession of sufficient funds to complete the transaction and shall be liable for any additional service charges should the transaction be rejected.

CARD ACQUIRING AND SECURITY

Card transactions will be acquired for Suitability 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.

CUSTOMER DETAILS SEPARATE FROM CARD DETAILS

Customer details will be stored by Suitability 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

PAYMENT VIA ELECTRONIC FUNDS TRANSFER (E.F.T)

Please see below process for EFT and Bank Deposits:

Suitability shall accept payment of funds at its sole and exclusive discretion via electronic funds transfer which requires the user to transfer funds directly from his/her bank account into Suitability’s account through electronic banking systems. If this method is available, the user will be redirected to Suitability’s secure payment gateway and asked to select his/her bank.

The details for the EFT payment will then be displayed, along with instructions regarding references and details of payment. All EFT payments shall require proof of payment to be sent to our designated EFT payments email address before the order is processed. Should the proof of payment not be received, Suitability reserves the right to request the same amount and/or within a reasonable time cancel the transaction. Suitability reserves the right to charge any additional banking or service fees which may be incurred by means of this payment method.

EFT/CASH DEPOSIT PROCESS (SOUTH AFRICA ONLY):

Please see below detailed process before making any deposits into Suitability’s direct account. Please note doing a direct deposit into our account is not confirmation of an order.

Customer makes payment into the Suitability bank account to the value of their order (If the order is under R400 please add R60 for transport) as provided below and sends proof of payment to accounts@Suitability.co.za with all the information.

Funds may reflect immediately or may take up to 7 working days to reflect

Reference on the bank deposit must be the customer email address

All prices are subject to time that the deposit reflects into our account and may vary accordingly.

Suitability cannot guarantee the availability of stock when transactions are done with Bank Deposit or Manual EFT Payment methods

Please ensure if your order is under R400 to add in an extra R60 for shipping charges for within South Africa

Please email proof of payment to accounts@Suitability.co.za

Once the funds have reflected into our bank account, we will then issue you with store credit gift card to the value of your deposit

Click here for Store Credit Procedure

You will be sent an email with your store credit gift card

Click the “View Store Credit” button and a unique code will be in your store credit card.

You will then use this gift card number at your checkout screen in the Gift Card or Discount Code box and the value will be deducted from your order.

Please note that stock is not reserved once payment is done, it is only reserved once you have done the payment with the store credit that has been issued.

Any cancellation of orders or refunds done via Cash or EFT Direct Deposit will take 7-14 working days to reflect back into your account.

The order is only confirmed once you complete the order with the store credit issued and you receive an order confirmation from Suitability

BANK DEPOSIT DETAILS:

Bank Name: FNB

Account Name: Suitability Tailored Suits

Account Number: 62808008537

Account Type: Cheque

Branch Number: 250655

Reference: use your name as your reference

All payments must be cleared in the Suitability designated bank account before an order is finalised.

Where the consumer elects to pay via eft or cash deposit, the following terms shall apply:

The store credit will be issued only once the payment amounts clear in Suitability’s banking account.

The consumer may be liable for payment of a R 60.00 surcharge for the cash payment fees.

Delivery to the consumer shall be 7 (seven) working days from date of receipt of the payment amounts in Suitability’s bank account.

AVAILABILITY AND SUPPLY OF GOODS

Suitability shall at all times endeavour to supply goods that are in a good condition, safe and fit for the purposes for which they are purchased as contemplated in Section 55 of the Consumer Protection Act (CPA) Notwithstanding this, Suitability.co.za makes no warranties or guarantees relating to goods that are sourced from external suppliers, manufacturers and retailers.

Suitability makes no representations regarding the availability of stock including specific colours, sizes, labels, brands or other identifiers and those available quantities reflected on the website / online marketplace are merely estimates. Once an order has been confirmed, the onus remains on the User to ensure the correctness of the order and that the appropriate sizes, colours and types have been selected without derogating from the Returns Policy https://suitability.co.za/pages/returns-policy. While Suitability endeavours to maintain reasonable amounts of stock available to consumers, it cannot guarantee the availability of any items listed on the website or online marketplace.

Suitability, shall at all times exercise reasonable care in ensuring that the pricing of goods on the website and online marketplace is accurate and up to date. However, Suitability shall not be liable to consumers or users of the website or online marketplace in the event of pricing errors due to system malfunction, human error or otherwise. Goods being collected can be done by proof of order number or email address. Please ensure your order number and order information is kept confidential.

DELIVERY POLICY

Suitability currently only delivers with the South African border via the online platform, We do deliver to selected countries out of South Africa in Africa. Please contact info@suitability.co.za to enquire about delivery into Africa. Suitability shall endeavour to have all orders delivered within 7 working days of the order being placed in South Africa. However, the delivery time may vary depending on external factors beyond Suitability’s control.

Suitability shall not be liable for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery. While Suitability endeavors at all times to adhere to previously stated delivery times and schedules of 7 working days, during promotions and special sale events delivery times and schedules may be varied due to the influx of customer orders. During such promotions and promotional events, delivery of goods shall be 10 to 15 working days from date of confirmation of order but may be delivered before such time. Deliveries may be delayed due to force majeur, logistical, promotional and other considerations. Where stock is sold out due to the above factors, Suitability shall endeavour to assist customers by offering similar goods or products or store credit or refund in lieu of such shortages.

Risk on delivery shall pass to the consumer upon delivery, unless the consumer arranges to have the goods picked up or employs the services of his/her own delivery company, in which case risk shall pass to the consumer upon collection of the goods. No deliveries shall be made to P.O Boxes or LOT No’s or outlying areas which are not accessible by delivery companies.

The onus remains with the consumer to ensure that an accessible physical address is provided. The consumer has a duty to ensure that the goods are inspected upon delivery, and to notify Suitability within 48 hours of any defects, damages or incorrectly supplied goods. Delivery charges shall be detailed with each individual order and may differ based on the size, type and quantity of goods ordered by the consumer. The user or consumer agrees and accepts that should the he/she change the order, delivery address or specifications after an order has been dispatched, then there shall be delays with the date and time of delivery based on logistical considerations. Any request to change an order that has been placed must be done via email and this will result in a 24-48 hour delay.

DELIVERY CHARGES

Suitability offers free delivery within South Africa for any order over the value of R1000. Should the customer’s order be under R1000, a minimum R60 transport charge will be applicable.

If the customer pays for shipping and returns any product, the shipping charge that the customer has paid will not be refunded.

Returns that have qualified for free shipping and returns and item dropping the value under the free shipping threshold will be liable for the standard R60 shipping charges.

CANCELLATION POLICY

The Consumer may at any time prior to the order being finalized and confirmed online via completion of the transaction, cancel the order at no charge to him or her. Once the order has been confirmed and finalized however, Suitability reserves the right to charge a reasonable handling or administrative charge which may be up to 10% of the purchase price of the goods in accordance with the Consumer Protection Act (the “CPA”) Suitability reserves the right to cancel any order where there is suspicion of fraud, misconduct or other criminal activity and to refuse the supply of goods in such circumstances.

The Consumer may not unilaterally cancel the transaction, subject to the terms of the Returns Policy https://suitability.co.za/pages/returns-policy. All cancellation of orders must be done in writing from the account holder related to the purchase and refunds shall take 7-14 working days to process. If cancellation are done after an order has been shipped, the customer shall be refunded only once the order has been returned and validated in the warehouse at Suitability and the account holder may be liable for shipping charges.

MISUSE OR ABUSE

Suitability reserves the right, at the sole and exclusive discretion of management to:

Limit or restrict all access to users of the Suitability website, social media pages or mobile applications.

Suspend or ban users from accessing its website, social media pages or mobile applications.

Delete or remove any comments, statements or posts by users which may have the effect of bring Suitability, its brand, company, staff or directors into disrepute.

Record, including by way of recording or screen captures any posts which may be defamatory, slanderous or which may otherwise have legal implications for users.

Take any other action which has the effect of mitigating or limiting reputational damages or defamatory conduct.

LIMITATION OF LIABILITY

Unless otherwise provided in any further written agreement, Suitability shall not be liable to consumers or users for any indirect, consequential, special, incidental or punitive damages which may arise out of the use of Suitability’s website or online marketplace or the supply or resale of any goods or services.

CUSTOMER PRIVACY POLICY – INFORMATION AND DATA PROTECTION – POPI

Suitability 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 .

GENERAL

This Agreement together with relevant provisions of the Privacy Policy https://suitability.co.za/pages/privacy-policy constitutes the entire agreement between Suitability and the consumer / user and supersedes all previous agreements and arrangements (if any) whether written, oral or implied. The consumer / user acknowledges that, in entering into this Agreement, it has not relied on any representations by Suitability made before the execution of this Agreement other than those expressly set out in this Agreement. Any amendments to this agreement shall be provided to the consumer / user upon the next usage of the website or online marketplace and continued usage thereof shall constitute acceptance of such agreement.

All images and information relating to logos, fonts, brands, products, content, pricing, sizes, specifications, and other proprietary information, hosted on the website or online marketplace remain the sole and exclusive property of Suitability. Copying, distributing, usage, dissemination, alteration, and manipulation thereof without the express written consent of Suitability is an offence and shall be punishable to the full extent of the law.

Any notice required to be given under this Agreement shall be given in such manner as is expressly provided below in terms of this agreement shall be given in writing signed by a person duly authorised by the sending party and delivered by hand, e-mail or registered mail to the recipient at its address specified in this Agreement (or as otherwise notified from time to time to the sender by the recipient for the purposes of this Agreement).

This Agreement shall be governed by and construed in all respects in accordance with South African law and the Courts of the Republic of South Africa shall have exclusive jurisdiction. If any provision or any part of this Agreement is held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, such provision or part shall to that extent be deemed not to form part of this Agreement but the enforceability of the remainder of this Agreement shall not be affected;

COUNTRY OF DOMICILE

This website is governed by the laws of South Africa and Suitability 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.

VARIATION

Suitability may, in its sole discretion, change this agreement or any part thereof at any time without notice.

CONTACT

INFORMATION

SUITABILITY STORY