Terms Of Service
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TERMS OF SERVICE
Crouse Bianco is a company that mainly operates within the Republic of South Africa in accordance with the Companies Act 71 of 2008 and adheres to the Consumer Protection Act 68 of 2008 (CPA), the Protection of Personal Information Act 4 of 2013 (POPI) and the Electronic Communications and Transactions Act 25 of 2002 (ECTA) including all amendments and regulations thereto. Crousebianco.com provides an online web platform for the sale and supply of goods to customers.
USE OF THE WEBSITE AND ONLINE PLATFORM
Your use, access and interaction with this website or online platform is subject to and governed by the terms and conditions set out below. Should you not agree to any of the terms contained below, you are to immediately cease using the website or online platform. Your continued usage constitutes acceptance of all the terms and conditions set out below.
DEFINITIONS AND INTERPRETATION
In this Agreement, unless the context otherwise requires, the following definitions shall apply:
“Agreement” means this agreement between crousebianco.com and the Consumer or Retailer subject to the terms and conditions set out below
“Business Day” means any day (other than Saturday or Sunday) on which clearing banks are open for business in South Africa.
“Consumer” means a Consumer in terms of the Consumer Protection Act 68 of 2008.
“The Consumer Protection Act” means the Consumer Protection Act 68 of 2008 (the “CPA”)
“The Protection of Personal Information Act of 2013” means the Protection of Personal Information Act of 2013 (the “POPI”)
“Privacy Policy” means the Privacy Policy available on Crousebianco.com Website or Online Platform which the Consumer or Retailer assents to.
“Shopping Cart” means all goods selected by the Consumer or Retailer or User which once selected form part of the User’s order. The shopping cart serves merely as an online item placeholder for goods prior to the transaction being finalized. Crousebianco.com reserves the right to remove, modify or otherwise change the items available in the shopping cart at any time. Items in the shopping cart may be available for a limited period of 60mins only taking into consideration demand and availability of stock. Items are sold on a “first come first serve” basis and Crousebianco.com cannot guarantee the availability of items in the user’s shopping cart.
“Checking Out/Check Out” means any and all goods selected by the Consumer or Retailer which are then confirmed and accepted by User in completion of the transaction.
“Contract” means the completion of an order and commencement of a legally binding agreement between Crousebianco.com and the Consumer.
“Order” means a purchase completed or submitted by means of Crousebianco.com Website or Online Platform.
“You/Your” means the Consumer or User of the Crousebianco.com Website or Online Platform including both Consumers and Retailers.
“User” means any natural person who makes use of, transacts on, contracts with, or makes use of the Crousebianco.com Website or Online Platform.
“Website or Online Platform” means the Crousebianco.com Website and Online Platform, including its Official Social Media Accounts, Mobile Websites and Mobile Applications.
Where the context permits, words denoting:
- Persons shall include bodies corporate and unincorporated associations of persons;
- The singular includes the plural and vice versa; and
- One gender shall include any gender.
All headings are for ease of use and reference only and shall not affect the interpretation or construction of these terms and conditions in any way.
FORMATION OF A LEGALLY BINDING CONTRACT
Crousebianco.com offers goods or services by means of its Website and Online Platform, which may be purchased by Consumers or Retailers via electronic or other transaction methods. Upon registering on Crousebianco.com Website or Online Platform, the Consumer or Retailer may place an order for the purchase of goods, which shall constitute a valid acceptance of the offer and thereby a legally binding Agreement of Sale. The sale shall be completed and in effect once the Consumer or Retailer has completed and submitted an electronic order via the Website or Online Platform and completed “Check Out” of items available in the User’s “Shopping Cart” Upon completion of the online sale, payment via one of the available transaction options becomes immediately due, owing, and payable including any applicable taxes and delivery charges. The Consumer, Retailer or User of the Website or Online Platform warrants, by use and continued use of Crousebianco.com services that he/she is over the age of 18 and possesses the necessary consent and faculties to transact with Crousebianco.com.
ACCEPTED PAYMENT METHODS
Crousebianco.com reserves the right to obtain validation of the User’s payment details before delivery of the Goods. Once payment has been made for an order, the Order remains valid as an offer until Crousebianco.com issues a Confirmation of Order or a notice revoking the Order as the case may be. All goods shall remain the sole property of Crousebianco.com until payment has been affected in full by the User. Once payment has been affected a valid sale shall have been concluded encompassing an offer by Crousebianco.com and acceptance by the User. Crousebianco.com is not responsible for the use of the customers debit and credit cards. Crousebianco.com offers the following methods of payment in completion of your transaction:
PAYMENT VIA CREDIT AND DEBIT CARDS
Crousebianco.com accepts Credit Card and Debit or Cheque card payment via Visa and MasterCard only. These transactions shall be secure by means of our designated service provider, who shall ensure that your information is kept secure, that the correct amounts are debited and that your information is not disclosed without authorization or leaked, changed, or misused. Should you have any concerns related to your card payment you are to contact us immediately via our designated customer service channels below. The User warrants that he/she is in possession of sufficient funds to complete the transaction and shall be liable for any additional service charges should the transaction be rejected.
PAYMENT VIA ELECTRONIC FUNDS TRANSFER (E.F.T)
Crousebianco.com shall accept payment of funds at its sole and exclusive discretion via electronic funds transfer which requires the User to transfer funds directly from his/her bank account into Crousebianco.com account through electronic banking systems. If this method is available, the User will be redirected to Crousebianco.com secure payment gateway and asked to require selecting his/her bank. The details for the EFT payment will then be displayed, along with instructions regarding references and details of payment. All EFT payments shall require proof of payment to be sent to our designated EFT payments email address before the order is processed shop@crousebianco.com. Should the proof of payment not be received, Crousebianco.com reserves the right to request same and/or within a reasonable time cancel the transaction. Crousebianco.com reserves the right to charge any additional banking or service fees which may be incurred by means of this payment method. Please note all EFT or Cash Deposit take 5-7 working days to reflect.
All payments must be cleared in our designated bank account before store credit is issued.
Where the consumer elects to pay via eft, the following terms shall apply:
- The store credit will be issued only once the payment amounts clear in com banking account.
- The consumer may be liable for payment of an ‘undetermined amount’ surcharge for the cash payment fees.
SUPPLY OF GOODS – SOUTH AFRICA
Crousebianco.com shall at all times endeavour to supply goods that are in a good condition, safe and fit for the purposes for which they are purchased as contemplated in Section 55 of the Consumer Protection Act (CPA) Notwithstanding this, Crousebianco.com makes no warranties or guarantees relating to goods that are sourced from external suppliers, manufacturers and retailers. Crousebianco.com makes no representations regarding the availability of stock including specific colours, sizes, labels, brands or other identifiers and that available quantities reflected on the Website and Online Platform are merely estimates. Once an order has been confirmed, the onus remains on the User to ensure the correctness of the order and that the appropriate sizes, colours and types have been selected without derogating from the Returns Policy below. While Crousebianco.com endeavours to maintain reasonable amounts of stock available to consumers, it cannot guarantee the availability of any items listed on the website or online platform. Crousebianco.com, shall at all times exercise reasonable care in ensuring that the pricing of goods on the website and online platform is accurate and up to date. However, Crousebianco.com shall not be liable to consumers, retailers, or users of the website or online platform in the event of pricing errors due to system malfunction, human error or otherwise. Goods being collected can be done by proof of order number or email address. Please ensure your order number and order information is kept confidential.
QUALITY OF GOODS
Crousebianco.com shall at all times endeavour to supply goods that are in a good condition, safe and fit for the purposes for which they are purchased as contemplated in Section 55 of the Consumer Protection Act (CPA) Notwithstanding this, Crousebianco.com makes no warranties or guarantees relating to goods that are sourced from external suppliers, manufacturers and retailers. Crousebianco.com makes no representations regarding the availability of stock including specific colours, sizes, labels, brands or other identifiers and that available quantities reflected on the Website and Online Platform are merely estimates. Once an order has been confirmed, the onus remains on the User to ensure the correctness of the order and that the appropriate sizes, colours and types have been selected without derogating from the Returns Policy below. While Crousebianco.com endeavours to maintain reasonable amounts of stock available to consumers, it cannot guarantee the availability of any items listed on the website or online platform. Crousebianco.com, shall at all times exercise reasonable care in ensuring that the pricing of goods on the website and online platform is accurate and up to date. However, Crousebianco.com shall not be liable to consumers, retailers, or users of the website or online platform in the event of pricing errors due to system malfunction, human error or otherwise. Please email shop@crousebianco.com for more information about ordering from outside of South Africa
All costs quoted exclude any clearance charges that are required by the client in the country.