1.  Introduction

1.1.    This website can be accessed at www.equestriandivacouture.co.za, related mobi-sites and software applications (the “Website”).

1.2.    These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.

1.3.    These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now”/”Sign up” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.

1.4.    The Website enables you to shop online for an extensive range of goods which include equine footwear, apparel (“Goods”).

 

  1.  Important Notice

2.1.    These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).

2.2.    These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –

2.2.1.        may limit the risk or liability of Equestrian Diva Couture; and/or

2.2.2.        may create risk or liability for the user; and/or

2.2.3.        may compel the user to indemnify Equestrian Diva Couture; and/or

2.2.4.        serves as an acknowledgement, by the user, of a fact.

2.3.    Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.

2.4.    If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Equestrian Diva Couture to explain it to you before you accept the Terms and Conditions or continue using the Website. 

2.5.    Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Equestrian Diva Couture in terms of the CPA.

2.6.    Equestrian Diva Couture permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.   

PART A – ORDERS AND SALES 

 

  1.    Registration and use of the Website

4.1.    Only registered users may order Goods on the Website.

4.2.    To register as a user, you must provide a unique username and password and provide certain information and personal details to Equestrian Diva Couture. You will need to use your unique username and password to access the Website in order to purchase Goods.

4.3.    You agree and warrant that your username and password shall:

4.3.1.        be used for personal use only; and

4.3.2.        not be disclosed by you to any third party.

4.4.    For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.

4.5.    You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.

4.6.    You agree to notify Superbalist immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.

4.7.    By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. 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 with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person 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.

4.8.    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 from an authorised Company representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).

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

4.10.  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 Company representative.

 

  1.  Conclusion of Sales and availability of stock

5.1.    Registered users may place orders for Goods, which Equestrian Diva Couture may accept or reject. Whether or not Equestrian Diva Couture accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by Equestrian Diva Couture for the Goods. 

5.2.    NOTE: Equestrian Diva Couture will indicate the acceptance of your order by delivering the Goods to you, and only at that point will an agreement of sale between you and Equestrian Diva Couture come into effect (the “Sale”). This is regardless of any communication from Equestrian Diva Couture stating that your order or payment has been confirmed. Equestrian Diva Couture will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.

5.3.    Orders may not be cancelled after receipt of payment of the Goods by Equestrian Diva Couture. After dispatch of your Goods, you may cancel the Sale only in accordance with the Returns Policy. 

5.4.    Placing Goods in a shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available. You cannot hold Equestrian Diva Couture liable if such Goods are not available when you complete or attempt to complete the purchase cycle at a later stage.

5.5.    You acknowledge that stock of all Goods on offer is limited. In the case of Goods for sale by Equestrian Diva Couture, Equestrian Diva Couture will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stockWhen Goods are no longer available after placing an order, Equestrian Diva Couture will notify you and you will be entitled to a refund or a voucher of the amount paid by you for such Goods. 

 

  1.  Payment

6.1.    We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.

6.2.    Payment can be made for Goods via –

6.2.1.        credit card: 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 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 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;

6.2.1.       Bank EFT

 

  1.  Delivery of goods

7.1.    Equestrian Diva Couture offers one method of delivery of Goods to you, which is via courier.

7.2.    Some items (heavy or large, based on volumetric weight) or items that are required to be delivered to certain may carry additional delivery fees. You will be contacted if there are additional fees for delivery.

 

7.3.    Where it accepts your order, Equestrian Diva Couture will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period.

 

  1.  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 (which are not due to our gross negligence), 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 Returns Policy. 

 

  1.  Vouchers, Coupons and Referral Bonuses

9.1.    Equestrian Diva Couture may from time to time make electronic gift vouchers (“Vouchers”) and electronic promotional coupons (“Coupons”) available for use on the Website towards the purchase of Equestrian Diva Couture products. Vouchers and Coupons can only be redeemed while they are valid and their expiry dates cannot be extended.  More specifically:

9.2.    Vouchers

9.2.1.    Vouchers cannot be used to buy other Vouchers or Coupons, and are not transferable: they are only eligible for redemption via the original email address that they were sent to. Vouchers do not accrue interest and are not refundable for cash once purchased. 

9.2.2.    If your Voucher value is insufficient for the order you wish to place, you may make up the difference by paying via one of our other payment methods.

9.3.    Coupons

9.3.1.    Coupons are issued electronically in Equestrian Diva Couture’s sole discretion.  Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used. 

9.3.2.    As a general rule, and unless specified otherwise on the specific Coupon itself:

9.3.2.1.        a Coupon can only be used once, with promotional offers on the Website; 

9.3.2.2.        only one Coupon can be used per person unless Equestrian Diva Couture specifies otherwise; and

9.3.2.3.        the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.  

9.3.3.    Coupons cannot be used to buy Vouchers or other Coupons, cannot be exchanged for cash, and are not transferable to any other person.

9.5. Site Promotions

From time to time Equestrian Diva Couture will run promotions. These promotions will either be on selected products or site wide. For each promotion there will be specific terms and conditions. Promotions may require the customer to apply the stated promo-code to their cart during the check-out process.

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

  

PART B – PRIVACY POLICY

 

  1.  Privacy policy

10.1.    We respect your privacy and will take all reasonable measures to protect it, as more fully detailed below.

10.2.    Should you decide to register as a user on the Website, we may require you to provide us with personal information which includes but is not limited to –

10.2.1.        your name and surname;

10.2.2.        your email address;

10.2.3.        your physical address;

10.2.4.        your gender;

10.2.5.        your mobile number; and

10.2.6.        your date of birth.

10.3.    Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.

10.4.    You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.

10.5.    Subject to clause 10.6 below, we will not, without your express consent:

10.5.1.        use your personal information for any purpose other than as set out below:

10.5.1.1.            in relation to the ordering, sale and delivery of Goods;

10.5.1.2.            to contact you regarding current or new Goods or services or any other goods offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us);

10.5.1.3.            to inform you of new features, special offers and promotional competitions offered by us (unless you have opted out from receiving marketing material from us); and

10.5.1.4.            to improve your experience on our Website by, inter alia, monitoring statistical non-personal browsing habits, and to transact with us; or

10.5.2.        disclose your personal information to any third party other than as set out below:

10.5.2.1.            to our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Goods or when delivering Goods to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;

10.5.2.2.            to our divisions (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us); 

10.5.2.3.            to our suppliers in order for them to liaise directly with you in the event of you submitting a warranty claim regarding any Goods you have purchased which requires their involvement; and

10.5.2.4             pursuant to a corporate transaction in terms of which we sell any of our businesses or assets to a buyer of such businesses or assets.

10.6.    We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, order of court or legal process served on us, or to protect and defend our rights or property.

10.7.    We will ensure that all of our employees, third party service providers, divisions, affiliates and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations (save as permitted herein) in relation to your personal information.

10.8.    We will –

10.8.1.        treat your personal information as strictly confidential;

10.8.2.        take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;

10.8.3.        provide you with access to your personal information to view and/or update personal details;

10.8.4.        promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;

10.8.5.        provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; 

10.8.6.        upon your request, promptly return or destroy any and all of your personal information in our possession or control; and

10.8.7.        not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.

10.9.    Equestrian Diva Couture undertakes never to sell or make your personal information available to any third party other than as provided for in this policy, unless we are compelled to do so by law. In particular, in the event of a fraudulent online payment, Equestrian Diva Couture reserves the right to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.

10.10.  Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.

10.11.  If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than Equestrian Diva Couture, EQUESTRIAN DIVA COUTURE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control how that third party uses your personal information. 

10.12.  This Website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited. If you do accept a “cookie”, you thereby consent to our use of any personal information collected by us using that cookie subject to the provisions of this clause 10.

 

  1.  Disclaimer

11.1.    The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.

11.2.    Whilst Equestrian Diva Couture takes reasonable measures to ensure that the content of the Website is accurate and complete, Superbalist makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website.

11.3.    Equestrian Diva Couture disclaims liability for any damage, loss or liability, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.

11.4.    Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.