Terms of use

JIC CLOTHING PTY (2022/441935/07), No. 17 Refilwe Street, Greenview, Pretoria, South Africa 0122

JIC CLOTHING TERMS AND CONDITIONS OF USE. This website, accessed at www.jic.clothing (and/or related mobi-sites and/or software applications) ("Website"), is owned and operated by JIC CLOTHING ("JIC CLOTHING PTY").

2. The terms and conditions as set out herein govern the use of this Website as well as the sale of Goods via this Website, including ordering processes, payment, delivery and any refunds in relation to such Goods ("Terms and Conditions").

3. The Terms and Conditions are binding on and enforceable against every person accessing or using this Website for any reason ("User/s").

4. JIC CLOTHING provides the Website on an "as is" basis and it makes no warranty in relation to the use, availability or performance of this Website. Users acknowledge that the Website may be unavailable from time to time, with or without prior notice to Users.

5. JIC CLOTHING (including its owners, directors, employees, suppliers, internet service providers, partners, affiliates, agents and/or representatives) shall not be liable for any damage, loss or liability of any nature incurred by accessing this Website, including but not limited to, access to or the inability to access any other websites linked to the Website; or loss or damage arising from content available on the Website.

6. 6. Without derogating from the aforegoing, JIC CLOTHING hereby authorises the User to view, copy, download to a local drive, print and distribute the content of this Website, or any part thereof, provided that:

6.1 such content is used for information and/or non-commercial purposes only; and

7. Users that wish to use content from this site for commercial purposes may only do so with prior written permission of the Chief Executive Officer of JIC CLOTHING.

8. While JIC CLOTHING does take all necessary steps to ensure the accuracy of the content and information on this Website, JIC CLOTHING does not make any warranties or representations that such content and information shall in all cases be true, correct or free from any errors.

9. JIC CLOTHING reserves the right to hold Users liable for any losses suffered by JIC CLOTHING arising out of such Users’ misuse of this Website or the commission of cybercrime committed by the Users on or in relation to this Website.

10. These terms apply to Users who are consumers as contemplated in the Consumer Protection Act 68 of 2008 of South Africa ("CPA"). In terms of the CPA, certain provisions within these Terms and Conditions appear in bold font, and are specifically drawn to your attention as important provisions that must be noted by the User and that:

10.1 may limit JIC CLOTHING’s risk or liability; and/or

10.2 may create risk or liability for the User; and/or

10.3 impose an obligation on the User to indemnify JIC CLOTHING or any other person for any reason; and/or

10.4 constitutes an acknowledgement of any fact by the User.

11. Registration 11.1 In order to register as a User on this Website, please follow the steps below:

11.1.1 provide a valid email address to be utilised as your username;

11.1.2 provide a password, comprising at least 8 characters which must include at least one letter, one number, one special character and one capital letter;

11.1.3 provide certain information and personal details, including your full name, cellular telephone number, South African identity number or valid passport number.

11.2 You may transact on this Website as a guest User, where you will not be required to register prior to making any online purchases, but in such instance you may not make purchases on the Website utilising your JIC CLOTHING account.

12. By using the Website you warrant that you are 18 (eighteen) years of age or older and/or have full legal capacity to transact.

13. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only under the supervision, and with the consent, of your legal guardian.

14. The User understands and agrees that the information, including personal information as envisaged by the Protection of Personal Information Act, 2013, provided in order to register on this Website may be used and/or processed by JIC CLOTHING for marketing and ancillary purposes, for risk and analytical evaluation and scoring and for the general purposes of the JIC CLOTHING’ business.

15. The legal guardian of any person/s using this Website under supervision gives his/her consent and agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions. Where transactions are performed under such supervision, any reference in these Terms and Conditions to a User, "you"/ "your" shall be references to such legal guardian as the transacting party under these Terms and Conditions.

16. The following provisions are important to note, to ensure the security of your information and transactions on this Website:

16.1 your identity number and credit card details are not stored on this Website;

16.2 security protocols will have to be followed where your username/password has been forgotten;

16.3 your username and password are for your personal use only and shall not be disclosed to any third party.

18. You agree that once the correct username and password relating to your account have been entered on the Website, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment in respect of any order for Goods ("Order") processed on the Website.

19. You agree to notify JIC CLOTHING immediately upon becoming aware of any unauthorised access to or use of your username and password, or reasonably suspecting such unauthorised access or use, and agree that you shall take all reasonable steps to mitigate any resultant loss or harm.

20. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent of an authorised representative of JIC CLOTHING (such consent is deemed given for standard search engine technology employed by internet search websites to direct internet users to this Website).

21. You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or the incitement of violence or is otherwise unlawful.

22. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised representative of JIC CLOTHING.

23. JIC CLOTHING may, in its absolute discretion, accept or reject any Order/s placed via the Website.

24. Regardless of any communication from JIC CLOTHING stating that your Order and/or payment has been confirmed, an agreement of sale between you and JIC CLOTHING is only concluded at the time of delivery of the Goods to you (the "Sale").

25. If an Order is cancelled for any reason, JIC CLOTHING will indicate such cancellation, as soon as possible thereafter, by refunding to your bank account or crediting your JIC CLOTHING account (depending on your initial method of tender) for any amount already paid.

26. After delivery of the Goods, you may cancel the Sale only in accordance with the JIC CLOTHING Returns Policy.

27. Placing Goods in a shopping bag without completing the purchase transaction does not constitute an order for such Goods, and as such, Goods may be removed from the shopping bag if stock is no longer available, or otherwise at JIC CLOTHING’ discretion. JIC CLOTHING shall not be liable if such Goods are not available when you complete or attempt to complete the purchase transaction at a later stage.

28. You acknowledge that stock of all Goods on offer is limited. We cannot guarantee the availability of stock. When Goods are no longer available after placing an order you will be entitled to a refund of the amount paid by you for such Goods.

29. Payment

29.1 This Website employs secure online payment facilities. All transactions are encrypted using appropriate encryption technology, and JIC CLOTHING utilises 3D secure.

29.2 Payment can be made for Goods via:

29.2.1 Credit cards: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we reserve the right to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive the appropriate authorisation, your order for the Goods will be cancelled.You warrant that you are fully authorised to use the credit card supplied for purposes of paying for the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;

29.2.2 Debit cards: provided that such card has a CCV security code and the same principles applicable to credit cards shall apply;

29.2.3 Your JIC CLOTHING account.

29.3 JIC CLOTHING will not accept your order if payment has not been received;

29.4 Your delivery note / tax invoice will be included in your delivery package

29.5 Once you have selected your payment method and subject to the acceptance of these Terms and Conditions, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.

30. Delivery of Goods

30.1 JIC CLOTHING offers the following methods of delivery for the Goods:

30.1.1 via courier to an address in the Republic of South Africa of your choice. Courier charges will be added to your purchase at the time of Order;

30.1.2 to any Pargo Pick-up-point in the Republic of South Africa.

30.2 If collecting in store, the relevant order confirmation email (sent to the email address provided by you) must be presented in order to collect your purchase.

30.3 If the Goods are to be delivered via courier, you warrant and confirm that the delivery address provided at the time the Order is placed is correct. You undertake to receive the goods personally or will, at your own risk, appoint a third party to accept delivery on your behalf. JIC CLOTHING will not accept any responsibility in the event that the person who accepts the Order at the address provided by you is not authorised to do so.

30.4 Where it accepts your order, JIC CLOTHING will deliver the Goods to you within 5-7 working days of receipt of your payment ("Delivery Period"). We will notify you if we are unable to deliver the Goods during the Delivery Period. There are no deliveries on weekends or South African public holidays.

30.5 If you do not collect the Order within fourteen (14) working days from the delivery date thereof to the store or address of your choice,

31. JIC CLOTHING will automatically credit your JIC CLOTHING account, less any applicable delivery charges incurred, and the Goods will no longer be available for collection by you.

32. Errors 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, 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 JIC CLOTHING Returns Policy.

33. General rules:

33.1 you may only sign up on the Website using one email address belonging to yourself. You may not create fictional profiles, email addresses or accounts, or otherwise abuse the system;

33.2 you may not sign for a JIC CLOTHING account on behalf of your friends or family, nor may you sign up using your friends’ or family email addresses. Each User who signs up as a member must sign up as him or herself with full knowledge that he/she is creating an account;

33.3 you may not use someone else’s JIC CLOTHING account in order to purchase Goods for yourself from the Website; and

33.4 without prejudice to any other remedies it may have, JIC CLOTHING reserves the right to suspend or terminate your account if you are suspected of breaching these Terms and Conditions.

33.5 from time to time JIC CLOTHING will run promotions on the Website. These promotions will either be on selected products or on all products on the Website. These promotions may or may not be available in JIC CLOTHING stores. For each promotion there will be specific terms and conditions. Promotions may require the customer to apply the stated promo-code to their shopping bag during the check-out process.

33.6 Promo-code discounts, even if site wide, will only apply to physical product. No promo-code discount will be applied to gift vouchers/cards.

34. Changes and amendments JIC CLOTHING reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice and without offering any reasons:

34.1 amend these Terms and Conditions;

34.2 amend the content available on the Website;

34.3 discontinue any particular part or aspect of the Website; and/or

34.4 change the software and hardware required to access and use the Website;

34.5 close or upgrade the Website.

35. DISCLOSURES REQUIRED BY SECTION 43 OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT NO. 25 OF 2002 JIC CLOTHING reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice and without offering any reasons:

35.1 The full name and legal status of the website owner is: JIC CLOTHING PTY Registration Number 2022/441935/07

35.2 The full address of the website owner is detailed hereunder: No. 17 Refilwe Street, Pretoria, Gauteng, 0122, South Africa.

35.3 The website address of this Website is: https://photography.jic.clothing/ and this Website can also be accessed from additional domains owned by JIC CLOTHING

35.4 Membership of self-regulatory or accreditation bodies:

35.4.1 Advertising Standards Authority

35.4.2 Direct Marketing Association of SA

35.5 Codes of Conduct to which this Website subscribes:

35.5.1 Advertising Standards authority of South Africa: The User can access this Code of Conduct on the ASA website at:http://www.asasa.org.za/

35.5.2 Direct Marketing Association of SA: The User can access this Code of Conduct on the DMA website at:www.dmasa.org/

35.6 The registered address for JIC CLOTHING Limited is No. 1 Mostert Street, Cape Town, 8001, South Africa.

35.7 Physical address for receipt of legal service: No. 17 Refilwe street, Pretoria, 0122, Gauteng, South Africa.

35.8 Main business: The main function of this Website is to provide information about JIC CLOTHING and its retail services. In addition it provides a facility for Users to purchase merchandise Goods via the Website.