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Terms and Conditions

GENERAL

This website is owned and operated by Indiemode (Pty) Ltd 2012/097427/07. Indiemode is a company incorporated and governed by the laws of South Africa.

Address:
Indiemode
Unit 6
Ground floor
Upper Eastside Building
31 Pickwick Street
Woodstock, 7925
Cape Town
South Africa

  1. www.indiemode.co.za (the “website”) allows registered users to shop online for local South African fashion brands including clothing, accessories and other items (“products”). Visitors to the website (“Users” or “you”) will be able to browse and view all products on offer. However, only those users who register online to become Indiemode members (“Member” or “you”) will be able to follow through with purchases.
  2. All Users, including Members as well as those Members who purchase any products on the website (“Purchasers”) are bound by these terms and conditions (“T&C”). By browsing or accessing our website in any way, users hereby acknowledge, have read and accepted our T&C. If you do not agree with our T&C, please do not register on our site or continue to use our website. Your registration and/or continued use of the website will constitute acceptance of the T&C, unmodified by you. Please check this page regularly for any changes we have made to these T&C.
  3. These T&C shall commence from the date on which they are published on the website and these T&C will continue indefinitely. We reserve the right to change these T&C from time to time, for as long as the website exists and is operational. Indiemode is entitled to terminate these T&C and/or shut down the website at any time subject to still processing and purchases already made. If you fail to comply with your obligations under these T&C, including any incident involving payment of the price of an order, and if you fail to remedy such failure within 5 Business days of notice by Indiemode to do so, this may (in the sole discretion of Indiemode) lead to suspension of your access to this service, or even the closing of your account and access to the website, according to the degree of seriousness of the action in question, without prejudice to any damages which Indiemode might seek.
  4. A full record of every sale and related transaction between you and Indiemode shall be maintained on the website for a period of 12 months following the date of such sale or related transaction. You shall thus only be able to view and print such record during such period, whereafter you shall be responsible for retaining your own record of the relevant sale or related transaction.
  5. When you register to become a user on the website or send e-mails to Indiemode, you consent to receiving communication from Indiemode electronically. More information on this can be found within our Privacy Policy.

    In conjunction with the ECT Act:
    5.1. You as consumer have the option of either unsubscribing directly on the website itself or you may contact us so that we can remove you from the mailing list.
    5.2. If necessary and on request, we can provide you as consumer with the particulars of the source from which we obtained your personal information.

PRIVACY POLICY

Our privacy policy, which explains how we will use your information, can be found here: Privacy Policy. By using this website, you consent to the processing described therein and warrant that all data provided by you is accurate.

PURCHASING PRODUCTS & PRODUCT AVAILABILITY

When you order an item from the website you are offering to buy it at the price set forth. We will take all reasonable care to ensure that all details, descriptions and prices of products are correct at the time when the relevant information was entered onto our system.

Indiemode reserves the right to refuse to accept an order or cancel a purchase. Non-acceptance or cancellation of an order may occur as a result of the following: lack of stock, payment may be unauthorised, suspected fraud or identification of an error within the product information (including price or promotion).

Products on offer are limited and subject to availability. If Indiemode is unable to fulfil any Order placed by you , due to the item being out of stock, Indiemode will notify you as soon as possible and you will not be charged for the out of stock product. You will be entitled to a voucher as per your original purchase amount that you can make use of on our site. Alternatively, and if requested, we can refund you directly to the account/bank card you used to make the purchase (view our Returns Policy for more information).

If you have already placed an order, have checked out and want to cancel your purchase, please contact Indiemode on this email address: [email protected]. This needs to be done as soon as possible thereafter so we can cancel the purchase for you before we dispatch the order for delivery. We will refund you with an e-voucher for use on our site (or a refund to the card/account you used to make the purchase if requested) as per your original purchase amount (view our Returns Policy for more information).

All goods bought on the Indiemode.co.za website are only returnable via Indiemode.  No returns will be accepted or exchanges offered to any of the designers who sell on Indiemode.co.za.

PAYMENT

Payment can be made online using Credit Cards or you can pay by EFT.

Paying by Card
All card transactions on this website are processed using PayU. PayU Payment Solutions is enrolled in Trustwave's Trusted Commerce™ program to validate compliance with the Payment Card Industry Data Security Standard (PCI DSS) mandated by all the major credit card associations including: MasterCard Worldwide, Visa, Inc. and Visa Europe. Visit www.payu.co.za to view PayU's security certificate and security policy. 

When ordering and making a purchase the card you are using must be yours and this card must have sufficient available funds to cover all of costs incurred as a result of using our services. All card holders are subject to validation checks and authorisation by the bank. If such authorisation is not obtained, we will not be liable for any delay or non-delivery of your order. We reserve the right to cancel your order.

Paying by EFT
If you choose to pay by EFT we will email you our bank account details. Once payment has been made, a payment confirmation must be emailed to us at [email protected]. Only then will we dispatch your order.

DELIVERY

COURIER OPTION: We offer completely free delivery to your door via courier. This service is only available to individuals living in South Africa. You will receive your parcel within 3-7 working days. Once your order has been dispatched we will send you an email with a tracking number so you can track your parcel.

As soon as you have confirmed receipt of your purchase with the delivery company, the package then becomes your responsibility. If someone other than yourself signs on your behalf when the package is delivered then by doing so you accept that their signature is proof of delivery and responsibility of the purchase is still transferred to you.

ORDERS ON A WEEKEND OR PUBLIC HOLIDAY: If you place your order before or on a public holiday we will only dispatch your order the following business day. If you place your order on a weekend we will only dispatch your order on the Monday, a business day.

RETURNS POLICY

If you are not satisfied with your purchase, simply return the item within 7 days of receipt. The item must be in its original packaging with tags attached. Products should be in the same condition in which you received them. The product’s original delivery note must be included too. Please state on the delivery note itself why you would like to return the item(s). We are not liable for any shipping or delivery costs should you be unhappy with your chosen product and would like to return it.

Please note that we will only refund you to the value of your purchase once we have received the returned item(s). An e-voucher for use on our site will be issued as per your original purchase amount. Upon request we can refund your account directly.

As the purchaser, you are responsible for the return parcel while in transit to the Indiemode offices. Please make sure the parcel is insured with a tracking number so we can track it on our side. Please email the tracking number together with your order number to [email protected].

Returned parcels must be addressed to:

Indiemode
Unit 6
Ground floor
Upper Eastside Building
31 Pickwick Street
Woodstock, 7925
South Africa

PLEASE NOTE:  Returns will not be accepted if the item(s) is not in its original packaging with the original delivery note. Should the item(s) have been worn and if there are any scents or marks on the item(s) it will also not be accepted.

We recommend sending returns via econo parcel (the SA Post Office). This is the most cost-effective option. Returns can take up to 10 days to reach us. It is very important to enclose the delivery note with your parcel to enable us to process your return within 24 hours of receipt. 

INCORRECT OR FAULTY ITEM RECEIVED

If you have received an incorrect or faulty item(s) please return the item in its original packaging, tags included, in the same condition in which you received the item(s) with the original delivery note. This must be done within 7 days of receipt. We will be liable for the shipping/courier costs to return the product. These courier costs will be refunded to you on receipt of the incorrect or faulty item(s).

Please state on the delivery note that this product is incorrect or faulty and provide us with information as to whether you would like a refund or replacement for the correct item. Dependent on availability and whether the item(s) you want is available, we will inform you via email and send you the correct item. If the item is not available, we will inform you and refund you. An e-voucher (or refund to your account) will be given as per your original purchase amount.

Please note that we will only refund/replace your purchase once we have received the returned item(s). Please return the parcel and make sure it is insured with a tracking number. Please scan and email proof of postage to [email protected] so that we can reimburse you for this amount.

Faulty Items are classified as such if they are received damaged. Items that are damaged as a result of wear and tear are not considered to be faulty and will not be accepted for a return or an exchange.

_________________________________________________________________________

Jewellery - we are unable to accept any returns for earrings due to hygiene reasons.

Swimwear - Must be tried on over underwear. Ensure the protective sticker inside the crotch is intact. We will not accept swimwear returns without the protective sticker intact or if there is any indication that the swimwear has been soiled.

DISCOUNT CODES/PROMOTIONAL CODES

1. Account discount codes – Discount Codes may from time to time be offered to account holders. Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered.

2. Promotional discount codes – We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified purchases made through this website. Only one promotional discount code can be applied to an order.

3. Discount & Promotional codes cannot be exchanged for cash, transferred or assigned to another person.

4. Discount & Promotional codes cannot be used to purchase items on SALE (Discount Items)
 
5. Should you wish to redeem your promotional code (voucher) – you MUST purchase an item/s for the exact amount (or more) as stated on the voucher; else you will stand to lose the remaining amount on the voucher.

6. The conditions of use relating to any discount code will be specified at the time of issue.

GIFT VOUCHERS

1.Gift vouchers are only valid for a limited time and the voucher must be used by the date indicated on the voucher. Check your voucher to find out when to use it by.

2. We cannot accept responsibility for stolen, deleted or misplaced e-gift vouchers.

3. We’ll email your gift voucher as soon as payment has been cleared.

4. If you are the purchaser, please double check the delivery email address you enter. It is your responsibility to do so and we cannot be held responsible if a gift voucher is used by someone else other than your recipient if the email address entered is incorrect.

In addition, we cannot take responsibility for any gift vouchers that are lost or used by someone other than your recipient after delivery. Make sure your recipient has received their gift voucher, as it is their responsibility to keep the voucher details safe.

5. From time to time, gift vouchers may get caught in spam filters and it’s up to the recipient to check these filters. We cannot take responsibility if a gift voucher cannot be delivered to the recipient’s email address because of spam filters, firewalls, and the capacity of the recipient’s mailbox or any other factors outside of our control.

6. Gift vouchers cannot be exchanged for cash.

7. Please note gift vouchers are in an electronic format.

8. Should you wish to redeem your gift voucher – you MUST purchase an item/s for the exact amount (or more) as stated on the voucher; else you will stand to lose the remaining amount on the voucher.

We reserve the right to vary any of these terms and conditions.

PRODUCT INFORMATION

We have taken great care to ensure that the items on the website are presented to you, the customer, as accurately as possible. However, the colour clarity of items will depend upon your computer monitor. Therefore, we are not able to guarantee that the colour of the actual item is 100% accurate.

All sizes and measurements of items are approximate, although we do make every effort to ensure they are as accurate as possible. Unless otherwise stated, sizes indicated are South African sizes. Please refer to the size guide for clarification.

SECURITYAny person that delivers or attempts to deliver any damaging code to this website or attempts to gain unauthorised access to any page on this website shall be prosecuted and civil damages shall be claimed in the event that Indiemode suffers any damage or loss.

You agree and warrant that your log-in name and password shall be used for your personal use only and that it will not to be disclosed to any third party.

You allow Indiemode to take all reasonable steps to ensure the integrity and security of the website and the back-office applications.

Indiemode’s registration documents and the websites registered domain name are checked and verified by Thawte or TRUSTe

CIRCUMSTANCES BEYOND OUR CONTROL

We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract attributable to any cause beyond our reasonable control (including without limitation any natural disaster and unavoidable incident), actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation ("Event of Force Majeure"), regardless of whether the circumstances in question could have been foreseen.

Either you or we may terminate a Contract forthwith by written notice to the other in the event that the Event of Force Majeure lasts for a period of two Business Days or more, in which event neither you nor we shall be liable to the other by reason of such termination (other than for the refund of a Product already paid for by you and not delivered).

If we have contracted to provide identical or similar Products to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which contracts we will perform and to what extent.

GOVERNING LAW AND JURISDICTION

This site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and subject to the ‘Disputes’ clause of these T&C.  You and Indiemode submit to the non-exclusive jurisdiction of the South Africa courts.

DISPUTES

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 Indiemode on any matter provided for in, or arising out of these Terms and Conditions, and not resolved through the Customer Relations Department of Indiemode, then such dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. The expedited arbitration rules may be downloaded here: http://www.arbitration.co.za/downloads/expedited_rules.pdf.

ADDRESS FOR NOTICES

Indiemode chooses as its address for all purposes under these T&C, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following address: Indiemode, Unit 6, Ground floor, Upper Eastside Building, 31 Pickwick Street, Woodstock, 7925, South Africa, with a copy to [email protected]. The sending of such copy being required in order for any notice to be validly given.

COPYRIGHT AND OTHER INTELLECTUAL PROPERTY

Any and all copyright subsisting in the website, including these T&C, vests in Indiemode and all rights not expressly granted are reserved.

You may only download, view and print content from this website for private and non-commercial purposes. To obtain permissions for the commercial use of any content on this website please email us at [email protected]. Indiemode cannot screen or edit all the content available from the website and does not accept any liability for illegal, defamatory or obscene content. You are encouraged to inform Indiemode of any content that may be offensive or illegal. All of the content, trademarks and data on this website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Indiemode and as such are protected from infringement by local and international legislation and treaties.

LINKING TO THIS WEBSITE

You may gladly link to our homepage, provided you do so in a way that is fair and legal and that does not damage our reputation or take advantage of it. Furthermore, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. In addition, you must not establish a link from any website that is not owned by you. We reserve the right to withdraw linking permission without notice.

DISCLAIMER

Save for Indiemode being liable to you –

a)      Under the consumer Protection Act 68 of 2008 (“CPA”) in relation to any products sold by Indiemode to you via the website; and

b)      Under sections 43(5) and 43(6) of the ECT Act in relation to Indiemode’s payment systems not being sufficiently secure.

Neither Indiemode 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 the website or the services or content provided from and through this website. Furthermore, Indiemode makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this website 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 to [email protected].

Although the products sold via the website may be under warranty, the website 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 satisfy yourself prior to accepting these T&C that the service available from and through this website will meet your individual requirements and be compatible with your hardware and/or software.

Information, ideas and opinions expressed on this website should not be regarded as professional advice or the official opinion of Indiemode and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this website.

COMPETITION TERMS AND CONDITIONS

1.   Competitions and Prizes

The following rules shall apply to all competitions, unless other rules are stipulated in relation to a particular competition:

  1. The judges’ decision is final and no correspondence will be entered into.
  2. Staff of Indiemode Pty Ltd or their subsidiaries and affiliated companies, prize sponsors and their advertising agencies and families are not allowed to enter any competitions run by Indiemode.
  3. Prizes are not transferable and may not be redeemed for cash.
  4. Entries requiring a written submission or answer must be completed in English only.
  5. Entrants must be residents of South Africa.
  6. If the winner is under 18 years of age, the legal guardian’s written consent is required.
  7. The winner(s) consents to his or her name, biographical details and involvement in the competition being made available to Indiemode Pty Ltd for both publicity and prize delivery purposes.
  8. Indiemode Pty Ltd accepts no responsibility for any problems resulting in misplaced entries or unsuccessful submissions (be it online or offline).
  9. Winners use the prize at their own risk. Indiemode Pty Ltd shall not be liable for any loss, damage, personal injury or death which is suffered or sustained (including but not limited to that arising from any person’s negligence, including gross negligence) in connection with any competition run by Indiemode or accepting or using the prize.
  10. Entrants are deemed to have accepted these rules and agree to be bound by them upon entering the competition. These rules are legal and binding upon entrants.
  11. Indiemode Pty Ltd reserves the right to cancel, modify or amend the competition at any time and if deemed necessary in its opinion and if circumstances arise outside of their control.
  12. The winner agrees to be photographed and appear in a feature on Indiemode Pty Ltd website and/or social media platforms if required by Indiemode Pty Ltd in relation to the competition.
  13. You are hereby notified that you have a right to decline consenting to your name, biographical details and involvement in the competition being made available to Indiemode Pty Ltd. You further have the right to decline being photographed and you are not obligated to appear on the website and/or social media platforms in terms of clause 12. Should you wish to exercise either or both of these rights, you shall do so by informing us at [email protected] within 1 day from accepting these terms and conditions via e-mail. You shall provide us with particularity of the right which you wish to exercise. Should you not inform us that you intend exercising these rights with the above 1 day period, you will have consented to clauses 1.7 and 1.12 as seen above.

2.  Indemnity
You hereby indemnify Indiemode Pty Ltd and its subsidiaries, affiliates, officers, employees, advertisers, partners, agents and representatives, and hold them unaccountable for any and all claims, demands and liabilities (including legal fees on the attorney and own client scale) that may arise from your submissions or provision of content, from your unauthorised use of material obtained from the Website, from your breach of this Agreement, or from any such acts arising through your use of the Website or any other violation of the rights of another person or party.

3.  Law applying to this agreement
The Website is operated, controlled and administered by Indiemode Pty Ltd from its offices within the Republic of South Africa. If you are accessing this Website from outside South Africa, it is your responsibility to ensure that you comply with the laws of your country. This agreement shall be governed and interpreted by the laws of the Republic of South Africa.

4.  This is the entire agreement
This agreement constitutes the sole record of the agreement between you as a third party and Indiemode. This agreement supersedes all previous agreements. Neither of the parties shall be bound by any representation, expressed or implied term, warranty, promise or the like which may be unrecorded in this agreement.

5.  Changes to this agreement

5.1.    Indiemode Pty Ltd may change this agreement from time to time and we reserve the right to do so. These changes will become effective from the date on which they are posted to the Website and/or Social Media Platforms. Accordingly, it is your responsibility to check the Website from time to time to see whether the terms of this agreement have been changed. Your continued use of the Website and/or Social Media Platforms will be deemed to be an acceptance by you of agreement to these amendments.

5.2.    In addition to the variation of this agreement by Indiemode placing an amendment on the Website and/or Social Media Platforms, as mentioned above, no addition to, variation of, novation, or agreed cancellation of this agreement shall be of any force or effect unless in writing.

6.  No Waiver
No relaxation or lenience in which either parties may grant to the other shall constitute a waiver of the rights of that party and shall not preclude that party from exercising any rights which may have arisen in the past or which might arise in the future.

7.  Severability
Should any provision of this agreement be void for vagueness or for any other reason, then that provision of this agreement shall be capable of being severed from the remainder of this agreement, which shall remain in full force and effect.

8.  Plain and Understandable Language
You confirm that the provisions of this agreement are in plain English that is understandable and that you understand the provisions contained herein.