WEBSITE TERMS AND CONDITIONS OF SALE
1.1 Welcome to Pure Romance (Distribution) South Africa Proprietary Limited’s (“Pure Romance”) website (“Website”). The Website is owned by Pure Romance or one of its affiliates. Any electronic transaction concluded on this Website is conditional upon the User’s (as defined in clause 2.2.9 below) acceptance of these Terms (as defined in clause 2.2.7 below).
1.2 These Terms are binding on all persons who access the Website and who purchase any products on the Website without qualification or exception. By entering the Website the User agrees to be bound by and shall be deemed to have accepted these Terms, which the User acknowledges to have read and understood. If the User does not agree to any of the Terms, the User should not enter, view or make use of the Website.
1.4 The entire provisions of these Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa and by using the Website, the User irrevocably and unconditionally consents to the non-exclusive jurisdiction of the North Gauteng High Court, Pretoria, with regards to all matters relating to or arising from these Terms.
2.1 The headnotes to the clauses of these Terms are for reference purposes only and shall in no way govern or affect the interpretation of nor modify nor amplify these Terms nor any clause hereof.
2.2 Unless the context dictates otherwise, the words and expressions set forth below shall bear the following meanings and cognate expressions shall bear corresponding meanings:
2.2.1 “Business Day” shall mean any day other than a Saturday, Sunday or official public holiday in the Republic of South Africa;
2.2.2 “Intellectual Property” shall mean all intellectual property subsisting in, pertaining to or used on the Website including, without limitation, patents, inventions, copyright, Trade Marks, goodwill and/or trade secrets;
2.2.3 “Parties” shall mean the User and Pure Romance and “Party” shall, as the context requires, be a reference to any one of them;
2.2.4 “Personal Information” shall mean information which identifies a User to third parties;
2.2.6 “Pure Romance” shall mean Pure Romance Distribution South Africa Proprieatary Limited, a company whose full particulars are listed in clause 3;
2.2.7 “Terms” shall mean these terms and conditions;
2.2.8 “Trade Marks” shall mean all registered and unregistered trade marks, trade names, symbols, signs, insignia, emblems, logos and slogans registered to, owned by and/or utilised on the Website;
2.2.9 “User” shall mean the user of the Website in terms of these Terms;
2.2.10 “VAT” shall mean value added tax imposed in terms of the Value Added Tax Act, 1991 (as amended), including any similar tax which may be imposed in place thereof from time to time; and
2.2.11 “Website” shall mean the website www.pureromance.co.za and includes any part or element thereof.
2.3 Unless inconsistent with the context or save where the contrary is expressly indicated an expression which denotes:
2.3.1 any one gender includes the other genders;
2.3.2 a natural person includes an artificial person and vice versa; and
2.3.3 the singular includes the plural and vice versa.
2.4 Where any term is defined within the context of any particular clause in these Terms, the term so defined, unless it is clear from the clause in question that the term so defined has limited application to the relevant clause, shall bear the same meaning as ascribed to it for all purposes in terms of these Terms, notwithstanding that that term has not been defined in this clause
2.5 The expiration or termination of these Terms shall not affect such of the provisions of these Terms as expressly provide that they will operate after any such expiration or termination or which of necessity must continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not expressly provide for this.
2.6 These Terms shall be binding on and enforceable by the estates, heirs, executors, administrators, trustees, permitted assigns or liquidators of the Parties as fully and effectually as if they had signed these Terms in the first instance and reference to any Party shall be deemed to include such Party’s estate, heirs, executors, administrators, trustees, permitted assigns or liquidators, as the case may be.
2.7 Where figures are referred to in numerals and in words, if there is any conflict between the two, the words shall prevail.
3. DISCLOSURE OF INFORMATION
The following information is disclosed by Pure Romance to the User in terms of Section 43 of the Electronic Communications and Transactions Act, 2002 (“ECTA”):
3.1 Full name and legal status: Pure Romance (Distribution) South Africa Proprietary Limited, a company duly incorporated under the laws of the Republic of South Africa;
3.2 Physical address: Shop 7, Showrooms on Leslie Cnr William Nicol and Leslie Drive Fourways Johannesburg 2191;
3.3 Postal address: P.O Box 1014 Pretoria 0001;
3.4 Telephone number: +27 793273701;
3.5 Website address: www.pureromance.co.za;
3.6 E-mail address: Customerservice@pureromance.co.za;
3.7 Physical address where Pure Romance will receive legal service of documents: Shop 7, Showrooms on Leslie Cnr William Nicol and Leslie Drive Fourways Johannesburg 2191
3.8 Registration number: 2009/022796/07;
3.9 Place of registration: Republic of South Africa;
3.10 Registration date: 24 November 2009;
3.11 Names of office bearers: Christopher Lee Cicchinelli;
3.12 Main description of Products sold: Bedroom intimates and related items;
3.13 Full purchase price of products, including transport costs, taxes and any other fees or costs: See clause 9 of these Terms;
3.14 Manner of payment: See clause 10 of these Terms;
3.15 Terms applicable to any transactions: These Terms shall apply to any transactions concluded between the User and Pure Romance;
3.16 Time within which products will be delivered: See clause 7 of these Terms;
3.17 Manner and period within which a full record of the transaction can be accessed and maintained: See clause 5 of these Terms;
3.18 Return, exchange and refund policy: See clause 8 of these Terms; and
4. WEBSITE USE
4.1 The User may not use, reproduce, adapt, distribute, publish or in any other way deal or interfere with the Website’s contents without the prior written consent of Pure Romance. The User may download and print 1 (one) copy of the Website’s contents for personal, non-commercial and information purposes only.
4.2 Pure Romance reserves the right to make any changes to the Website, its content and/or services offered through the Website at any time and without prior notice.
4.3 Content published on the Website reflects the views of the author and does not necessarily constitute the official opinion of Pure Romance unless otherwise stated.
4.4 No content that is illegal, unlawful, obscene, defamatory, discriminatory, disparaging of others, derogatory, inflammatory, harassing, insulting, offensive or likely to promote violence or hatred against others or that contains abusive, offensive or profane language may be posted on the Website nor may such content be associated in linking to the Website.
4.5 Any material uploaded to the Website will be deemed to be non-confidential and non-propriety and in doing so the User grants Pure Romance a non-exclusive, royalty free, sub-licensable licence to use, copy, adapt, distribute and disclose to third parties any such material for any purpose in any form throughout the world in perpetuity.
4.6 Although every effort will be made to have this Website available at all times, the Website may become unavailable due to maintenance or repairs, loss of connectivity or some other form of interruption. Pure Romance does not warrant against nor will it be held liable for such downtime and is hereby indemnified from any loss, damage, claims, costs or penalties incurred as a result of such unavailability.
4.7 If the User chooses or is provided with identification codes, usernames, passwords or any similar form of identification information as part of the Website’s security systems, the User must keep this information secret and confidential and must not permit anyone else to use it. The User shall be responsible for all access to the Website with the User’s username and password. When the User’s username and password have been used in order to gain access to the Website, Pure Romance shall be entitled to assume that such use and all related communications emanate from the User. Pure Romance shall not be liable for any loss or damage arising from unauthorised use of the User’s identification information.
4.8 In the event that the User becomes aware of a breach of the confidentiality of the User’s username and password, the User must immediately communicate this in writing to Pure Romance. The compromised username and password will be deactivated as soon as reasonably possible and a new username and password will be issued to the User. Pure Romance may, in its sole and absolute discretion and for any reason whatsoever, require the User to change his username and password at any time.
4.9 If the User commits any breach of these Terms or in any other way interacts with or uses the Website in an unlawful or unauthorised manner, Pure Romance shall be entitled, in its sole and absolute discretion, to terminate the User’s access to the Website immediately, without prior notice, without any liability on Pure Romance’s part and without prejudice to Pure Romance’s rights in terms of these Terms or at law.
4.10 By accessing the Website the User represents and warrants that he owns and/or otherwise controls all of the rights to the content that he posts and/or uploads. Furthermore, the User represents and warrants that the content submitted to the Website is:
4.10.2 usable; and
4.10.3 will not cause injury, defame any person or breach any clause of these Terms or any law. Pure Romance is hereby indemnified from and against any and all loss by any person which results from a breach of these representations or warranties.
5. PLACING AN ORDER
5.1 Only persons aged 18 years and over, who are legally entitled to do so are permitted to place orders on the Website.
5.2 By placing an order on the Website, the User warrants that:
5.2.1 he/she is legally capable of entering into binding contracts;
5.2.2 he/she is at least 18 years of age; and
5.2.3 he/she agrees to be bound by these Terms.
5.3 During the order process, the User will be given an opportunity to check and if necessary, correct the contents of his or her order and all information given. Subject to clause 8.1 below, an order will only be accepted by Pure Romance when the User receives an order confirmation email.
5.4 The products offered on the Website are only on sale for the period in which the offer is online and while stocks last. If a product is offered online but is not available, Pure Romance undertakes to inform the User at the time of ordering or as soon as possible thereafter by letter, email or telephone.
5.5 If the expiry date for a product offered has lapsed and the User nonetheless proceeds to place an order, such order will be deemed to have been made with the knowledge that the expired price and availability of stock may no longer be applicable to such order.
5.7 The products described or graphically represented on the Website may differ in colour, shape, form, design and appearance from the final product delivered and Pure Romance only warrants that the descriptions of the particular products themselves may be construed as a fair representation of the nature of such product.
6. PRIVATE INFORMATION
6.1 consents to any processing or storage of such information and warrants that any and all data provided is up-to-date and accurate; and
7.1 All orders will be delivered by courier to the delivery address which the User provided during the ordering process.
7.2 The products will be at the User’s risk from the time of delivery. Ownership of the products will only pass to the User when Pure Romance receives full payment of all sums due in respect of the products, including delivery charges as applicable.
7.3 The User furthermore acknowledges and agrees that he or she has read and understood the requirements set out in this clause 7 and in clauses 5.2.2 and 5.2.3 hereto before placing an order using the Website.
8. CANCELLATION AND RETURNS
8.1 Subject to Section 42 (2) of the ECTA, the User is entitled to cancel an order within 7 (seven) Business Days after receiving delivery thereof, provided that the product is unopened, in its original condition and any and all seals, packaging, labels, shrink-wrap and/or boxing remains intact.
8.2 Any product returned must be couriered back to Pure Romance at the User’s sole cost, expense and risk to the following return address: Pure Romance Attention: Returns Department. Shop 7, Showrooms on Leslie Cnr William Nicol and Leslie Drive Fourways Johannesburg 2191
8.3 If a product is returned in terms of clause 8.1 to the address stipulated in clause 8.2 Pure Romance will, following receipt and examination of such product, reimburse the User with the purchase price paid by the User for the product, excluding any applicable delivery costs and/or charges.
8.4 No provision stated in these Terms regarding Pure Romance’s cancellation and returns policy will affect or be interpreted to deny the User any of his unalterable statutory rights.
9.1 The price of any product will be the price quoted on the Website in respect of any particular product. All prices shall only apply during the validity period stated on the Website and shall only be valid once the order has been processed and confirmed by Pure Romance in the accordance with the provisions of clause 5 of these Terms.
9.2 All prices quoted on the Website are listed in South African Rand (ZAR) and will be inclusive of VAT and any other applicable taxes, but will exclude delivery charges.
9.3 Delivery charges, fees and other related costs will be quoted and added to the total amount owing during the order process and the User will be given an opportunity to review and, if necessary, edit the products to be purchased, the listed quantities of such products and/or the relevant delivery charges, fees and related costs before proceeding to finalise his/her order.
9.4 Pure Romance undertakes to inform the User of the correct price of any product being purchased at the time of order processing or as soon as possible thereafter by letter, e-mail or telephone. Should the User be advised that any product is unavailable or that the price of any product listed on the Website is incorrect, the User may, in his sole and absolute discretion, elect to accept or reject the offer of a comparable product or a correctly priced product.
9.5 Under no circumstances will Pure Romance be held liable to provide a product at an outdated or expired price.
9.6 Price changes shall not affect a User who has already received a confirmatory email from Pure Romance pursuant to his order.
9.7 Although every effort will be made to ensure that products are correctly priced on the Website, in the unlikely event that a product is incorrectly priced:
9.7.1 where the incorrect price is lower than the correct price, Pure Romance will not be bound to sell the product concerned at such a price and a representative of Pure Romance will contact the User when the order is being processed in order to inform such User of the higher price to be paid for such product and will await instructions from the User as to whether the User still wishes to purchase the product concerned at the higher price or to cancel the order and receive a full refund; and
9.7.2 if the incorrect price is higher than the correct price, a representative from Pure Romance will advise the User of the lower price in the confirmatory e-mail but will proceed to process and confirm such order.
10.1 Payments may be made by credit card or via Electronic Fund Transfer (“EFT”) into the bank account of Pure Romance and the User undertakes to pay the final purchase price (including VAT and any and all delivery costs and other charges reflected in the confirmatory e-mail) using one of these methods. Pure Romance will not accept any payment by cheque.
10.2 Notwithstanding any other clause contained in these Terms, Pure Romance shall have no duty to deliver any product until full payment has been received as follows:
10.2.1 where payment is being made by credit card transaction, such payment needs to have been cleared by the relevant bank and credited to Pure Romance’ bank account; and
10.2.2 where payment is being made by EFT, such payment needs to have been credited to Pure Romance’ bank account.
10.3 Where payment:
10.3.1 by credit card is not processed by the relevant bank and credited to Pure Romance’ bank account within 2 (two) Business Days; or
10.3.2 by EFT is not credited to Pure Romance’ bank account within 2 (two) Business Days, of the date of placement of such order, the User’s order will be cancelled immediately with notification of such cancellation being provided to the User.
11. PROPRIETARY RIGHTS
11.1 The Website is owned by Pure Romance and the User acknowledges that Pure Romance and/or its associates and licensors are the proprietors of any and all Intellectual Property associated with, related to or appearing on the Website.
11.2 The content of the Website, including but not limited to any logos, pictures, photos, text, presentations, names, titles, brands, drawings, models and associated software are protected by the law of the Republic of South Africa and international law. The owners of such content reserve all such rights therein unless provided otherwise in these Terms.
11.3 The Trademarks are registered and unregistered trademarks of Pure Romance, Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Trademark displayed on the Website.
11.4 The User undertakes:
11.4.1 not to use or register any trade marks, trade names or other devices which are or incorporate marks which are the same as or confusingly similar to the Trade Marks or which marks are likely to be associated with the Trade Marks or where such use would take unfair advantage of or be detrimental to the distinctive character or the repute of the Trade Marks;
11.4.2 not at any time to do or cause to be done any act or thing in any way impairing or tending to impair any part of Pure Romance’ rights, title and interest in and to the Intellectual Property; and
11.4.3 not in any way to make unauthorised use of the Intellectual Property or to represent that he has any rights of any nature in the Intellectual Property or any registrations thereof.
11.5 Without limiting the generality of the provisions of clause 11.4, the User undertakes not to make any unauthorised use, reproductions or copies of any work or material displayed or made available on the Website and agrees to adhere to and comply with all policies, conditions of use and rules that may apply to the use of such work or material.
12.1 The User makes use of this Website at his own risk.
12.2 The Website and all information, content, materials and services included or otherwise made available to the User therein are provided on an “as is” and an “as available” basis. Pure Romance makes no warranties or representations of any kind, express or implied, as to the operation of this Website or the available information, content, materials or services included on or otherwise made available to the User.
12.3 Pure Romance controls and operates the Website from its corporate offices in Loveland, Ohio, the United States of America, and Fourways, the Republic of South Africa. Pure Romance makes no representation that materials on the Website are appropriate or available for use outside of the Republic of South Africa. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
12.4 The liability of Pure Romance for losses suffered as a result of any breach of these Terms shall be strictly limited to the purchase price of the product or products purchased by any User.
12.5 Notwithstanding anything to the contrary contained in these Terms, Pure Romance shall have no liability for any loss, damage, cost, claim or penalty of whatsoever nature including, but not limited to, indirect and consequential loss or damage and loss of profits, however arising out of or in connection with these Terms or the Website, whether caused by latent or patent defects in the Website, the use of the Website and/or information contained on the Website or otherwise.
12.6 The User hereby indemnifies Pure Romance and holds it harmless against any and all liability, loss, damage, penalty, cost or claim of any nature whatsoever suffered by him or any third party in relation to any act or omission by the User or, where applicable, the User’s shareholders, members, directors, officers, employees, representatives, agents or assigns or any third party in relation to the Website and the use thereof by the User, and/or arising from the provisions of these Terms.
12.7 The User assumes all responsibility and risk for the use of the Website and Pure Romance disclaims all liability for any loss, injury, damage, cost, penalty or claim resulting from the use of the Website, whether direct or indirect, and whether or not Pure Romance has been advised of or has knowledge of the possibility of such loss, injury, damage, cost, penalty or claim.
12.8 Pure Romance will not be held liable for any delay, failure, breach or non-compliance with its obligations under these Terms if such delay, failure, breach or non-compliance is beyond the reasonable control of Pure Romance.
12.9 These Terms do not intend to, nor shall they be interpreted to, limit the liability of Pure Romance in any way which would be illegal for Pure Romance to exclude or attempt to exclude or where such exclusion is prohibited by the Consumer Protection Act, 2008 or ECTA or any other law in force from time to time in the Republic of South Africa.
Any commentary, advice, information, suggestions, opinions, answers or any other information posted on the Website is not intended to nor shall it be interpreted to amount to advice on which reliance should be placed and are posted merely for guidance purposes only. The User makes use of any such information at his own risk and in his own discretion and disclaims and indemnifies Pure Romance from and against any and all liability and responsibility arising from any reliance placed on such information whether posted on the Website or by any other person visiting the Website.
14. MALICIOUS SOFTWARE AND OFFENSES
14.1 The User warrants that:
14.1.1 he will not use the Website in any way that causes, or is likely to cause, the Website and access to the Website to be interrupted, damaged or impaired in any manner;
14.1.2 no form of virus, Trojans, worms, logic bombs, or other malicious coding, virus or software will be introduced onto the Website or into Pure Romance’ system which may cause any form of technological harm or any other form of harm in any manner or respect;
14.1.3 he will not attempt to gain unauthorised access to the Website, including through the theft of any third party’s username and password; and
14.1.4 he will not attempt to gain unauthorised access to the Website’s server, databases, computers or any other device associated with the Website and will not attack the Website through a denial-of-service attack or a distributed denial-of-service attack.
14.2 Any breach of these Terms regarding malicious software and offenses will be reported to the relevant law enforcement agencies and Pure Romance will co-operate in all respects with those law enforcement agencies, including by way of disclosure of the identity and identification information of the User.
14.3 Although Pure Romance and its representatives will use reasonable efforts to ensure that no malicious content can be received from the Website, Pure Romance does not warrant that the Website is free of malicious content or viruses and Pure Romance will not be held liable for any loss resulting from a distributed denial-of-service attack, or any malicious content as described in clause 14.1.2. which may infect any User’s computer or device, computer equipment, data or any other propriety material where such loss is or may be attributed to the User’s use of the Website or downloads received from the Website.
14.4 The User warrants that he will not use the Website in any manner that will break any law enforceable in South Africa or cause any annoyance, unnecessary anxiety or inconvenience to any person.
15.1 If at any time there is a failure by Pure Romance to insist on strict performance of any of the User’s obligations under these Terms and related contracts, this shall not be construed to be a waiver of such rights and shall not relieve the User from compliance with such obligations. A waiver of any one default is not to be interpreted as a condonation of any other or further defaults.
15.3 Any and all communications between the Parties, whether legal or merely for notification purposes, correspondence or for any other reason will only satisfy any legal requirement if it is reduced to writing whether electronic or otherwise.