
Website Terms and Conditions of Use Relating to www.ladychatterleyschamber.co.za
These Terms and Conditions (“the Terms and Conditions”) govern
your (“the User”) use of the website of Zetatrax CC trading
as Lady Chatterley’s Chamber Lingerie (“Provider”), located
at the domain name www.ladychatterleyschamber.co.za
and www.lingeriesouthafrica.co.za
(“the Websites”). By accessing and using the Websites, the User
agrees to be bound by the Terms and Conditions set out in this legal notice.
The User may not access, display, use, download, and/or otherwise copy or
distribute Content obtained on the website for marketing and other purposes
without the consent of the Provider.
Electronic Communications
By using the Websites or communicating with the Provider by electronic
means, the user consents and acknowledges that any and all agreements,
notices, disclosures, or any other communication satisfies any legal requirement,
including but not limited to the requirement that such communications
should be in writing.
E-Commerce & Privacy
The Websites www.ladychatterleyschamber.co.za and www.lingeriesouthafrica.co.za
sell imported and locally manufactured lingerie, as well as related accessories
and adult novelties online. The use of any product bought from these Websites
is at the purchaser’s risk. The purchaser / user indemnifies and
holds the Provider harmless against any loss, injury or damages which
may be sustained as a result of using the products sold on the Websites.
Relative to the nature of the products sold on these sites, the User confirms
that they are over the age of 18 years of age and are of their full senses
to make competent and accountable decisions.
Customer privacy policy
Provider shall take all reasonable steps to protect the personal information
of users. For the purpose of this clause, "personal information"
shall be defined as detailed in the Promotion of Access to Information
Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569.
Only the necessary information, that is the name, delivery address and
contact phone number, will be made known to third parties responsible
for delivering the product.
The Provider cannot be held responsible for security breaches occurring
on the User’s electronic device (Personal Computer or other electronic
device used to browse the Website), which may result due to the lack of
adequate virus protection software or spyware that the User may inadvertently
have installed on his/her device.
Credit card acquiring and security
Credit card transactions will be acquired for Provider via PayGate (Pty)
Ltd who are an approved payment gateway for First National Bank. PayGate
uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3)
and no credit card details are stored on the website. Users may go to
www.paygate.co.za to view their
security certificate and security policy.
Customer details separate from card details
Customer details are stored by Provider separately from card details which
are entered by the client on PayGate’s secure site. Credit card
details are not kept by the Provider under any circumstances. For more
detail on PayGate refer to www.paygate.co.za
Payment for goods ordered
Payment for goods ordered may, until further notice, be made only by internet
transfer or bank deposit. The Provider's recipient bank account details
will be provided upon completion of order. Payment must be physically
received in the Provider’s recipient bank account before any goods
will be dispatched to the Client, which usually takes up to 2 days for
payments made in South Africa. Payments made outside South Africa may
take between 5 and 7 days to clear.
Prices
The price of each product is displayed with the product. In the event
of a special offer, the discounted price is displayed or will be granted
at checkout, depending on the type of special offer. The prices may fluctuate
at the discretion of the provider as market conditions change.
Value added tax at the rate of 14% is included in the price of the goods
as displayed on the website.
Import duties may be payable by Clients on purchases made in foreign
countries. The responsibility lies with the foreign-based Clients to ensure
that any and all import and customs duties are paid.
Refund and Return Policy
1. Availability of goods
The provision of goods is subject to availability. Availability for each
product is indicated on the website, but this information is merely a
guideline. The Provider does not guarantee the accuracy of the product
availability information, although we do our best to ensure the accuracy
of the information. In cases of unavailability, the Provider will offer
the Client a similar product at the same or lower price. If the Client
does not wish to accept the substitute product offered, the Provider will
refund the client in full within 14 days with no deductions.
Orders placed online by the Client will be confirmed via e-mail by the
Provider within 24 to 48 hours from payment, confirming the date of despatch.
Cancellation of orders by the Client will attract a 10% charge (of the
value paid) for administration costs. Any refund of cancelled orders will
be made net of the 10% cancellation charge, into the bank account details
as provided by the Client.
The Provider reserves the right to cancel an order for which payment
has already been received. This may occur if stock is insufficient or
the quality of goods ordered does not meet the Provider’s standards.
Should the Provider exercise this right, the User will receive a full
refund with no deductions within 14 days of making payment.
Any complaints regarding the standard and quality of the product or products
bought by consumers through the e-commerce facility should be directed
to Provider’s Owner at liezel@ladychatterleyschamber.co.za.
2. Returns of goods
Due to the sensitive nature of the goods purchased on the Websites, we
request that the Purchaser consult the size guide to ensure that the correct
size is purchased or liaise with Provider prior to purchasing to ensure
correct sizing, as we do not allow returns or exchanges, unless the quality
of the product is deficient. In this instance, the Purchaser must contact
Provider immediately upon receipt of the damaged or inferior product,
and the product must be returned by the Purchaser within 7 days of receipt,
with tags attached, at the Purchaser’s expense. Upon receipt of
the returned product, Provider will inspect the product for damage/poor
quality, and if Provider is satisfied that the return is valid as a result
of damage or poor quality, Provider will refund the Purchaser in full,
including delivery/postal charges incurred in returning the product to
Provider.
International deliveries do not qualify for return, exchange or refund
due to the high costs involved.
Membership Loyalty Programme
Lady Chatterley’s Chamber Lingerie offers a membership loyalty programme
for its loyal Clients. Upon registering on the Websites as a member with
an online account, members will accrue 5% of each qualifying purchase
as CandyCash cash-back rewards in an accumulation account, for use as
“cash” in any future purchase. Any CandyCash used by the Client
to redeem against a purchase will be used to reduce the ZAR amount due
for payment.
Delivery
The Provider makes use of the services of the South African Postal Service
as well as a preferred courier service, which may change from time to
time depending on costs and quality of delivery service. Delivery fees
are not included in the stated price of the goods on the website, and
are charged at checkout according to the Purchaser’s chosen method
of delivery, as follows:
1. Cape Town only - Overnight delivery from date of receipt of payment,
via courier to your door – R55 (incl. 14% VAT)
2. Rest of SA - Overnight delivery from date of receipt of payment, via
courier to your door (remote areas may require 2 to 3 business days for
delivery) – R120 (incl. 14% VAT)
3. All of SA (incl Cape Town) - Overnight delivery from date of receipt
of payment, via Speed Services to your post box or nearest post office
(remote areas may require 2 to 3 business days for delivery) – R75
4. All of SA (incl Cape Town) - delivery via normal SAPO postal service
(with tracking - takes between 3 to 5 business days) - R40 (incl. 14%
VAT)
5. International deliveries – Indicate on the website that the
purchase is an international purchase and the country of purchase, so
that Provider may obtain a quote for delivery fees from the preferred
courier service. The delivery fee obtained will be added to the Client’s
amount due and is payable by the Client before the goods purchased will
be dispatched. International Clients are responsible for meeting their
own country’s import and customs obligations.
Delivery fees may change from time to time as the fees charged by the
preferred courier service and SA Postal Service change.
The Provider will supply all goods to the delivery company in good order.
Once Provider despatches the Client's order, Provider will e-mail the
Client the tracking number with which to track the delivery. For delivery
purposes, Provider’s trading name, “Lady Chatterley’s
Chamber”, will be printed on the package. Where Provider is required
to declare the contents of a package, e.g. for insurance purposes, Provider
will use the description “Garments” and/or “Accessories”
as applicable.
Responsibility
Provider takes responsibility for all aspects relating to the transaction
including sale of goods and services sold on this website, customer service
and support, dispute resolution and delivery of goods.
Updating of these Terms and Conditions
Provider reserves the right to change, modify, add or remove from portions
or the whole of these Terms and Conditions from time to time. Changes
to these Terms and Conditions will become effective upon such changes
being posted to this Website. It is the User’s obligation to periodically
check these Terms and Conditions at the Website for changes or updates.
The User’s continued use of this Website following the posting of
changes or updates will be considered notice of the User’s acceptance
to abide by and be bound by these Terms and Conditions, including such
changes or updates.
Copyright and Intellectual Property Rights
Provider provides certain information at the Website. Content currently
or anticipated to be displayed at this Website is provided by Provider,
its affiliates or any other third party owners of such content, and includes
but is not limited to Literary Works, Musical Works, Artistic Works, Sound
Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying
Signals, Published Editions and Computer Programs (“the Content”).
All such proprietary works, and the compilation of the proprietary works,
are copyright of the Provider, its affiliates or any other third party
owner of such rights (“the Owners”), and is protected by South
African and international copyright laws. The Providers reserve the right
to make any changes to the Website, the Content, or to products and/or
services offered through the Website at any times and without notice.
All rights in and to the Content is reserved and retained by the Owners.
Except as specified in these Terms and Conditions, the User is not granted
a license or any other right including without limitation under Copyright,
Trademark, Patent or other Intellectual Property Rights in or to the Content.
Limitation of liability
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. The Owners
make no warranty or representation as to the availability, accuracy or
completeness of the Content. Neither Provider nor any affiliate of Provider
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, even if Provider
is expressly advised thereof.
Privacy: casual surfing
The User may visit the Website without providing any personal information.
The Website servers will in such instances collect the IP address of the
User computer, but not the email address or any other distinguishing information.
This information is aggregated to measure the number of visits, average
time spent at the Website, pages viewed, etc. Provider uses this information
to determine use of the Website, and to improve Content thereon. Provider
assumes no obligation to protect this information, and may copy, distribute
or otherwise use such information without limitation.
Choice of Law
This Website is controlled, operated and administered by Provider from
its offices within the Republic of South Africa. Access to the Website
from territories or countries where the Content or purchase of the products
sold on the Website is illegal is prohibited. The User may not use this
Website in violation of South African export laws and regulations. If
the User accesses this Website from locations outside of South Africa,
that User is responsible for compliance with all local laws. These Terms
and Conditions shall be governed by the laws of the Republic of South
Africa, and the User consents to the jurisdiction of the Cape Town High
Court in the event of any dispute. If any of the provisions of these Terms
and Conditions are found by a court of competent jurisdiction to be invalid
or unenforceable, that provision shall be enforced to the maximum extent
permissible so as to give effect to the intent of these Terms and Conditions,
and the remainder of these Terms and Conditions shall continue in full
force and effect. These Terms and Conditions constitute the entire agreement
between the Provider and the User with regard to the use of the Content
and this Website.
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