Terms and Conditions for purchasers
a. As our valued customer we encourage you to take a moment to read these “Website
Terms and Conditions of Use” relating to www.asmallsonline.co.za. These “Terms and Conditions for purchasers” govern the use of “Asmalls” Website located at the domain name: asmallsonline.co.za (herein after referred to as the “Website”).
b. This Website enables customers to shop for items including clothing, shoes and apparel (“Products”) online and have them delivered to their nominated address within South Africa, or at a nearest Asmalls branch.
c. All users of this site who access or use this site are bound by these terms and conditions. By using the website, you acknowledge that you have read, accepted and agreed to be bound by these terms & Conditions. You must not use this Website if you do not agree to the Terms.
d. By using the website, you warrant that you are 18 years of age or older and of full legal capacity. If you are under the age of 18 or if you are not permitted to enter into a binding agreement, then you may use the website only with the involvement supervision of your parent/legal guardian. If consent has been given by your parent/legal guardian, then they agree to be bound to these Terms and Conditions and to be held liable and responsible.
e. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Asmalls to explain it to you before you accept the Terms and Conditions or before continuing using the Website.
f. Each time you make a purchase from the Website, you will need to indicate your acceptance of these Terms by clicking on the button marked “I Accept” during the Checkout Process.
g. The Terms apply to ALL Users of the Site, including without limitation Users who are browsers, vendors, customers, merchants, and/ or contributors of content.
a. “Customer” shall mean any natural or juristic person who enters or intends entering into an electronic transaction with Asmalls for purchase of the products offered by Asmalls.
b. “Items” shall mean the products selected by the Customer for purchase when placing an Order on our Website.
c. “Order” shall mean the selection of items purchased by you from our website.
d. “Policies” shall mean the various Asmalls policies contained in or referred to herein and on our Website, which form part of these Terms and Conditions and which may be updated from time to time;
e. “Products” shall mean all products or services displayed for sale on our website, including but not limited to clothing, shoes, and apparel.
f. “Website” shall mean our online store, which can be accessed at (www.asmallsonline.co.za).
g. “Working Day” shall mean any day between 08h00 and 17h00 Monday to Friday, excluding Saturdays, Sundays and statutory public holidays in the Republic of South Africa.
3. Purchasing of Products
a. This site allows you, the user to place an electronic “order” for products on offer, subject to the availability of such products.
b. A contract of sale between you and Asmalls comes into effect once you have completed and submitted the online order form for “items” in your shopping cart (“cart”) and your payment has been authorised by Asmalls (or has been received into Asmall’s bank account).
c. We reiterate that the above is dependent on the availability of stock.
d. Products on the site cannot be reserved to be bought at a later stage, and placing an item in your cart without completing the order does not amount to a “sale”.
e. Asmalls therefore has a right to remove any product(s) from your cart before the sale actually takes place, in the event of the product going out of stock.
f. Asmalls cannot be held responsible if the product(s) you added to your cart have become unavailable when you try to complete the sale.
g. A tax invoice will be emailed to the email address nominated you. A delivery note will be included with your order – please note that no prices are visible on the delivery note.
i. You acknowledge that stock of all products on offer is limited. In the case of products for sale by Asmalls, Asmalls will take all reasonable efforts to monitor stock levels and ensure that when the products are no longer available the offers are discontinued from the website. When products are no longer available after placing an order, Asmalls will notify you and you will be entitled to a refund of the amount paid by you for such goods.
4. Cancelling and ending orders
a. Asmalls reserves the right to refuse processing of payment for any order and/or to cancel any purchase, partially or completely, with notice given to you.
b. Asmalls will be liable for reimbursing you the Rand value paid only if you have already paid for the cancelled order. You have the right to return non-defective products purchased within 30-days of the order being delivered.
In the interest of preventing fraud, Asmalls reserves the right to refuse to process payment for any order and/or to cancel any purchase, partially or completely.
Asmalls may request relevant documentation in order to complete relevant fraud checks and cancel any order where the necessary documentation is not provided timeously.
In the event of a fraudulent purchase being placed on Asmalls website, cardholders will be advised to initiate a charge back via their bank in order to be refunded. Take note that Asmalls will not process refunds for orders suspected of fraud.
Asmalls do not provide order details relating to orders suspected of fraud.
6. Product Pricing
The price of each product will be found on our website. Take note that prices of products may differ from season to season. Whilst Asmalls shall exercise all reasonable effort to ensure that the prices displayed of all products are correct at the time of your purchase, if, however, the product is offered at an erroneous price, Asmalls will not be obliged to supply the said product at the incorrect price. Asmalls shall only be liable to return payment already made by you, in the case where you choose to cancel the sale, once you have been made aware of the correct price.
7. Delivery fees; Delivery and Lost Parcels
a. Delivery fees vary depending on your selected delivery option and Items ordered, however for orders of R500 or more, Asmalls shall deliver free of charge within South Africa.
b. Should you our valued customer wish to pick up your order at an Asmalls branch near you, then no delivery fee will be charged to you.
c. The delivery fee will be displayed during the ordering checkout process, but before checkout has been finalised. Every reasonable effort is taken to ensure that the delivery costs displayed on the site are correct at the time of your purchase. However, if a delivery fee is incorrectly displayed, Asmalls will not be obliged to deliver products at an incorrect delivery fee. Asmalls shall only be liable to return payment already made by you, in the case where you choose to cancel the sale, once you have been made aware of the correct delivery fee.
d. Upon delivery or collection of your Order a delivery/collection note will be issued for signature, reflecting the Items that are being delivered or collected, delivery fees, Value-Added Tax and the amount paid.
e. You should always check that the Items being collected or delivered are correct and are free from any defects. Should the packaging be damaged and you accept the Order without fully inspecting the Items you should add a note on the delivery note stipulating that the packaging was damaged, or items were not inspected. Where there is an issue with the Items detected after acceptance of the Order, you should notify Asmalls without delay in order for us to be aware of any issues with the Items and in order for arrangements to be made for the items to be returned and refunded.
f. Asmalls shall take all reasonable care in respect of deliveries, however we advise that we cannot accept responsibility for incorrect delivery details that have been provided to us, or if an unauthorised person at your chosen delivery address accepts delivery of your Order, as we do not verify the identity of the person, at the delivery address, who signs the delivery note. Any person other than yourself who receives the products at the delivery address is presumed to be authorised to accept delivery on your behalf.
g. In the event that you do not collect an Order at any of your chosen Asmalls store, then reminders will be sent to your cell phone to collect your Order. If you do not collect your Order within 10 (ten) Working days, then your Order will be cancelled.
h. Should it be that delivery at your chosen delivery address via our courier services was attempted twice and failed then your Order shall be returned to us and the purchase shall be reversed after the cost of the second delivery has been deducted.
i. Deliveries shall be effected within 5-7 working days from the time of making payment of your order. Take note however that outlying areas take longer and delivery in that case may take up to approximately 10 working days. Asmalls advises our customers that delays in delivery may occur in the event of: strikes; labour disputes; acts of God; war; riot; civil action; malicious acts or damage; compliance with any law, or any other superior force that may affect the delivery process.
j. Our liability for any delay in delivery is limited to re-delivery at a later agreed time at no additional charge.
k. Deliveries take place during business hours Monday to Friday, 8am to 5pm; and Afterhours between 6pm to 8 p.m. There are no deliveries over weekends or on public holidays. Please take this into consideration when selecting your delivery address.
l. Asmalls have outsourced all delivery and collection arrangements to a third party service provider. We therefore cannot, to the extent permitted by law, be liable for any loss or damage caused by them.
m. A delivery is considered complete as soon as the parcel is accepted and signed for either by the customer or by an individual on the customer’s behalf at the specified delivery address.
n. Lost parcels- In the event that a parcel is declared missing, should stock be available, a replacement order will be sent to the customer via the intended original delivery method.
o. If stock is unavailable, then the order (at Rand value paid) plus any relevant delivery fee will be refunded.
p. Asmalls shall contact the customer in both cases to advise if there may be possible delays and as to the customers preferred refund method.
q. If Asmalls is unable to deliver the products, you will be notified of such and you may then within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the products. If you elect to cancel your order, you will be reimbursed for the purchase price.
r. Once the Order has been delivered or collected by you, the risk in and to the Items will pass to you as the Customer.
8. Method of payment/Security/Privacy
b. Payment to Asmalls may be made using your Visa or MasterCard credit or debit card (that has been activated for online purchases). Take note that we do not accept Diners and American Express Cards.
c. When you place an order, the transaction details are presented to the bank for authorisation of the payment amount. If authorisation is not obtained, the order is cancelled. If authorisation is obtained, payment is usually immediate. You guarantee that you are fully authorised to use the credit/debit card for payment of your order and that there are sufficient funds in your account to cover the costs of any transactions you complete hereto.
9. Cancellations, Exchanges and Refunds
a. Should you not be satisfied with any Item/s purchased on our website, you may return the unused Item/s
which must be in a saleable condition for an exchange of another item/s or a refund. This must be done within 30 (thirty) calendar days from receiving your Item/s. The Item/s may be returned either directly to one of the stores, or via our courier services. Refunds will only be done when you produce proof of your purchase (invoice or delivery note). Should you not have an invoice, then we will be happy to exchange your purchase at the current system price (The first return done by the customer shall be free of charge, ie no collection and delivery cost and thereafter it shall be at the customer’s cost). Exchange of the Item/s is subject to stock being available. Refunds may be conditional upon you submitting photographic proof of the quality issue or defectiveness of the Product before we will approve the refund. Asmalls will evaluate each case, and assess if it warrants a refund.
b. Asmalls shall refund any Items purchased on our website that may be found to be defective, and these Items, if unaltered, may be returned for a refund within 6 (six) months of the purchase date, subject to you producing proof of your purchase (invoice or delivery note).
c. For hygiene reasons underwear (excluding bras) and swim wear may not be returned or exchanged.
d. Cancellation of orders by the customer may be done within 7 days after receipt of your order, the customer will be entitled to a refund into the payment card used less the direct cost of returning the goods.
10. Electronic Communications and Transactions Act 25 of 2002 (“The Act”)
The abovementioned Act requires that we as suppliers of goods and/or services for sale by way of an electronic transaction on our website must make the following information available to you our valued customer:
a. Full Name and Legal Status: Asmall & Sons (Pty) Ltd, is a private registered company, retailing in clothing, footwear and apparel, trading as “Asmalls”
b. Physical address and contact number, this also being the address we hold for receipt of legal service of documents as well as our place of registration: 15 Barnsley Road, Camps Drift, Pietermaritzburg, Kwa Zulu Natal. Tel: 033-3864000
c. Our Website and e-mail address: www.asmallsonline.co.za and firstname.lastname@example.org
d. Registration Number: 1939/012369/07
11. Use of ASMALLS Website and Social Media platforms
a. Asmalls is active on Facebook, Instagram, Twitter and other social media platforms from time to time (herein after referred to as “Social Media Platforms”).
b. You agree to use the Website for lawful purposes only.
c. You are prohibited from posting or transmitting, by means of reviews, comments, suggestions, ideas, questions or other information through the Website and Social Media Platforms, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane or amounts to hate speech, or racially, ethnically or otherwise objectionable content of any kind, which content includes but is not limited to:
1. content that may fall within the scope of Section 9 of the Constitution of the Republic of South Africa, which prohibits discrimination on the grounds of, inter alia, race, sex, gender, marital status, religion; or
2. content that encourages conduct that would constitute a criminal offence or give rise to civil liability, or otherwise violate any applicable local, provincial, national, or international law; or
3. content that constitutes an invasion of privacy; or
4. content that is an infringement of any intellectual property right; or
5. content that contains software viruses; or
6. content that constitutes a political statement, commercial solicitation, or “Spam”.
d. Although we do not purport to review (nor are we under any obligation to review) any submitted content, we reserve the right to remove any content from the Website and Social Media Platforms where we deem such content, in its sole and absolute discretion, to be an infringement of this clause or harmful in anyway whatsoever. Should you place on or submit to the Website or Social Media Platforms any such harmful content or should you breach any clause in these T&Cs, we may immediately terminate and/or suspend your access to all or parts of the Website or Social Medial Platforms, without any further notice to you.
e. You also warrant that your identity (in other words, you are who you say who you are), and that you can prove your identity should we require you to do so.
f. No person, business or website may use any robot, spider, links, mirror or other automatic device or technology, or manual process to monitor, copy or to glean information from this Website or Social Media Platforms or for the collection or use of any listings, descriptions, and/or price lists from the Website or Social Media Platforms for the benefit of a competing merchant that supplies products comparable to those offered on the Website without permission from Asmalls.
g. 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.
12. Applicable Law
a. This Website is controlled, operated and administered from the Republic of South Africa. As such, it is governed by South African legislation.
b. Access to the Website, from territories or countries where the Content or purchase of the products sold on the Website is illegal, is prohibited
c. You and Asmalls are hereby subject to the non-exclusive jurisdiction of the High Court of South Africa.
d. Each and every section of these terms and conditions must be read as individual and separable from the rest of the terms and conditions.
e. Should any court or qualified authority find that any of the terms are invalid or unenforceable then the remainder of these terms and conditions will remain standing, despite invalidity or unenforceability of an individual term.
f. These Terms and Conditions constitute the entire agreement between Asmalls and the User /Customer with regards to the use and content of this Website.
13. Updating of Terms and Conditions
Asmalls reserves the rights to change, modify, add or remove from portions or the whole of these Terms and Conditions from time to time, in its sole discretion. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User/Customer’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes. Should you not be satisfied, you must not place any further orders or continue to use the Website in any other way.
14. Copyright and other Intellectual Property Rights
a. Any and all copyright relating to the website, including these terms and conditions, data, software, icons, texts, graphics, images, video clips, sound clips, names, logos, trade-marks, designs which are displayed on or incorporated in this Website are protected by law, including but limited to copyright and trade mark law. The Website content is the property of Asmalls and is licensed to Asmalls.
b. Asmalls reserve the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any time and without notice.
c. Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorized in terms of these by an authorized representative of Asmalls or otherwise provided for in law.
15. Indemnity/Limitation of Liability
a. The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. Asmalls provides no guarantee, implied or otherwise, that the content or technology in respect of this website is free of errors or omissions. Asmalls make no warranty or representation as to the availability, accuracy or completeness of the Content. Asmalls nor any of its marketing partners shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website.
b. Furthermore, Asmalls cannot guarantee that service will be 100% uninterrupted or faultless. Should you experience any malfunctions and errors then kindly report same to: email@example.com;
c. Whilst every attempt is taken by Asmalls to ensure your security when making use of the Website, due to the nature of the Internet we are unable to guarantee that any products or any websites accessible via the Website will be free of viruses, spyware, malware, Trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt or in any way impede the functionality of your computer system and associated use. You accept all risk associated with the existence of the above, Asmalls thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Website. We therefore caution you to check all emails, attachments and files before downloading them.
d. It is your responsibility, before accepting these Terms & Conditions, to determine whether the service available through this website satisfies your individual needs and is compatible with your hardware or software. Information, ideas and opinions expressed on this website should not be regarded as professional/expert advice, or as Asmalls’ official stance. You are encouraged to obtain professional advice before taking any action on the strength on information, ideas or opinions expressed on this site.
e. We may provide links to other websites, social media sites or resources. We are unable to accept, and do not accept, responsibility for these websites, social media sites or resources; not have we endorsed their content, products or services merely because they are accessible via our Website.
f. Whilst Asmalls shall take all reasonable steps to safeguard the security of any information you input or send to us in connection with our Website, by using secure services and encryption technology where we deem appropriate, we accept no responsibility or liability whatsoever, to the fullest extent permitted by law, for any damages that you may suffer as a result of the breach of the confidentiality of such information.
g. You hereby agree to indemnify Asmalls against any loss, claim or damage suffered, or liability sustained by you or any third party acting for you, due to your or their use of our website and/or any third party websites linked to our website.
h. We shall not be liable to you in contract, delict (including for negligence) or otherwise: for any amount in respect of any damage or loss arising from the consequences of your use of the Website, viruses received by you via the Website or of our failure to provide the Website in accordance with this Agreement; or for any economic losses or damages, any indirect, special or consequential loss (including (without limitation) loss of data, goodwill or reputation or any wasted expenditure) including but not limited to losses arising from your use of the Website or through any viruses; or for any failure to perform our obligations or failure to perform our obligations properly as a result of our being prevented from doing so by an event beyond our reasonable control (which may include, without limitation, strikes; labour disputes; acts of God; war; riot; civil action; malicious acts or damage; compliance with any law, governmental or regulatory order, rule, regulation or direction; any act or omission of any government or other competent authority; accident; equipment or services failure, including the unavailability of third party telecommunications services, lines or other equipment; the failure of third party suppliers to comply with their obligations to us; fire; flood or storm).
16. Linked Third Party Websites
a. This website may contain links or references to other websites which are outside or our control, including those of advertisers. These terms and conditions do not apply to those third party Websites and Asmalls is not responsible for the practices and/or privacy policies of those Third Party websites.
b. Your use of such Third Party websites is entirely at your own risk and we are not responsible for any loss, expense claim or damage, whether direct or indirect arising from your use of such Third Party websites or your reliance on any information contained thereon.
17. Availability and Termination
We will use reasonable endeavours to maintain the availability and functionality of the Website. Asmalls may in its sole discretion and without any prior notification suspend or terminate the operation of the Website or any of its content subject to us processing any orders then already made by you. In the event of scheduled maintenance, we reserve the right to discontinue providing the Website without providing any prior notice to you.
18. Governing Law and Jurisdiction
a. These terms and conditions and/or any dispute arising from or in connection with these terms and conditions
shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions or any other dispute arising from any of these Terms and Conditions.
b. Any dispute arising from the use of this site shall be determined in a South African court or alternative dispute resolution forum chosen by the website owner.
19. Notices and Domicilia
a. The parties choose as their domicilium citandi et executandi for the purposes of the giving of any notice, the payment of any sum of money due in terms of this agreement, the serving of any process and for any other purpose arising from the agreement at their respective e-mail addresses and/or cellular telephone numbers as set below, provided that such domicilium may be changed by written notice from either of the parties to the other with effect from the date of receipt of or deemed receipt by the other party of such notice;
Asmalls selects the below as its chosen domicilium citandi et executandi for the purpose of service of documents:
Email Address: firstname.lastname@example.org
Telephone number: 033-386 4000
b. All notices, demands, or communications shall be made or given at such party’s domicilium for the time being;
c. A notice sent by one party to the other party shall be deemed to be received on the same day of transmission if sent by e-mail, short message service (SMS) or instant messenger service such as Whatsapp;
d. Notwithstanding anything to the contrary herein contained a written notice or communication actually received by a party shall be an adequate written notice or communication to such party notwithstanding that it was not sent to or delivered at the chosen domicilium citandi et executandi. Any such notice shall be specific about its intentions and shall be clearly headed as a notice in terms of this agreement.