TERMS AND CONDITIONS OF CONTRACT
1. DEFINITIONS AND INTERPRETATION
Unless the context indicates the contrary, the following words shall have the meanings assigned to them.
1.1 COMPANY shall mean Anchorage Three Trading CC trading as Style 24 Seven with registration number CK2004/105286/23;
1.2 CUSTOMER shall mean the Buyer whose details appear on the front hereof;
1.3 PARTIES shall mean the Company and the Customer;
1.4 The masculine shall include the feminine and neuter and the singular shall include the plural.
2.1 The company specializes in branded watches, sunglasses and bags.
2.2 Company products may consist of supplier overstocks, surplus, cancelled orders from current season and previous season collections.
2.3 All products are new, unless otherwise specified in the product description.
2.4 All illustrations reflected on the Company’s website are non-contractual illustrations.
2.5 Products are sold on limited liability, sold to first come, subject to unsold.
3.1 In an attempt to prevent fraudulent transactions on this site, the Company has mandated that all customers be registered prior to an order being placed via this site.
3.2 The Company will send an order acknowledgement by email to the Customer within 72 hours of an order being placed.
3.3 The Company attempts to be as accurate as possible in its product descriptions. The Company does not warrant that product descriptions or other content of its website is accurate, complete, reliable, current, or error-free. If a product offered by the Company is not as described, the Customer’s sole remedy is to return it in an unused condition as per paragraph 8 hereunder.
4.1 Payment for Product(s) shall be made and cleared in full before dispatch.
4.2 Payment may be made by direct deposit or EFT into the bank of the Company, details of which are as follows:
Account Name: Anchorage Three Trading t/a Style 24 Seven,
Bank: Standard Bank,
Branch Code: 045426,
Account Number: 252510895
4.3 The prices for the Product(s) and delivery are as set out on the Website at the time of acceptance of order by the Company.
5.1 The price is that pertaining at the date of acceptance of order by the Company, and is subject to variation without notice arising from any circumstances beyond the Company’s reasonable control (including where appropriate, but not limited to, adverse movements in the rate of exchange, increased costs of transportation or of insuring the Product(s) in transit, or the imposition of additional taxes or duties in relation to the importation of the relevant Product(s)). In such case, the Company shall notify the Customer via e-mail and confirmation received prior to Product(s) shipping.
5.2 In the event that a Product is listed at an incorrect price due to an error, the Customer will be notified in writing within 7(seven) days of accepting the order with the correct price. The Customer will be given a choice of either purchasing the Product at the correct price or cancelling the order. If payment has been taken for the Product(s) and the Customer wishes to cancel the order, the Company will, on return of the Product (if the Product has been sent out), issue a refund within 7 (seven) days of such return or notice of cancellation (where no Product has been sent out). If only some of the Product(s) the Customer has ordered are incorrectly priced, the order will not be affected in relation to any Product(s) which were priced correctly and these Product(s) will be delivered in accordance with these Terms.
5.3 Unless otherwise indicated on the price stated, the Product(s) listed on this website shall be exclusive of value added tax or other relevant purchase tax.
5.4 The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR).
5.5 The Recommended Retail Price (RRP) listed on this site is the suggested retail price provided to the Company by its suppliers and is merely an indication of what the Customer may expect to pay for such an item at a reputable dealer. This value also takes into consideration the import and stocking fees. The Company makes use of this price as an indicative value and makes no warranty as to the local value of such an item.
5.6 Retail prices listed are either suggested by the relevant manufacturers, suppliers or estimated in accordance with standard industry practices; or the estimated retail values for comparably featured items offered elsewhere. The Retail Prices are comparative prices estimated and may or may not represent the prevailing prices in every area on any particular day. For certain items that are offered as a set, the Retail Price may represent “open-stock” prices, which means the aggregate of the manufacturers estimated or suggested retail price for each of the items included in the set. The Company does not imply that it is an authorized agent of the respective manufacturers.
6.1 The Company shall use reasonable endeavours to comply with any agreed or estimated delivery dates for Product(s) and shall not be liable for any delay beyond its control. The Product(s) will be delivered to the address given by the Customer upon placing the order; however the Company reserves the right not to make deliveries outside South Africa without prior contact by the Customer.
6.2 In the event of the Customer refusing to accept delivery of all or part of the Product(s) the Company may at its absolute discretion re-sell the Product(s) and hold the Customer liable for any shortfall, together with any other costs and expenses incurred by the Company as a result of the rejection of the Product(s).
6.3 Subject to availability and receipt of payment, requests will be processed within 2 (two) business days after receipt of payment and delivery confirmed by way of courier tracking number. The associated costs of courier shall be listed at the time of processing the order.
7. RISK AND OWNERSHIP
7.1 The risk in the Product(s) shall pass from the Company to the Customer upon delivery and the Product(s) shall be deemed delivered when unloaded at the Customer’s premises whether or not signed for. The Company shall not be responsible if the Product(s) is/are lost or damaged after delivery to the Customer.
7.2 Ownership of the Product(s) shall remain with the Company until the Product(s) have been paid for in full. If the Customer sells the Product(s) before payment has been made to the Company, the Customer will hold the proceeds of such sale and any rights against third parties arising from such sale in trust until the Product(s) has been paid for in full.
8. RETURN OF PRODUCTS
8.1 The Customer agrees that the Company shall not be responsible for any defects in relation to the Product(s), unless notice in writing of such defects has been given by the Customer to the Company within 7 (seven) days after the date of delivery of said Product(s) to the Customer. After the 7(seven) day period, the Product(s) will have been deemed to be sold and not returnable. All defected Product(s) to be returned must be received by the Company in its original new condition including all original packaging.
8.2 The Customer acknowledges that it is the business of the Company to sell Product(s), and in consideration of this agrees;-
That the Company shall be entitled (at its option) to replace any defective Product(s) that have been sold by the Company to the Customer within the respective warranty period or to refund the purchase price of any defective Product(s) (and in such cases the Company shall be entitled to the return of the Product(s) in question, and to retain the Product(s) in the latter 2 cases), and
That the Company shall not be responsible for any loss of profits or other indirect or consequential loss suffered by the Customer as a result of any defects to which the Product(s) may be subject and/or that the liability of the Company in respect of defective Product(s) shall be (at its option) to repair or replace the Product(s) or to refund the purchase price of such Product(s). The Customer will remain liable for all bank charges in connection with purchase price refunds.
The Customer further agrees that each of the above sub-clauses shall be independent and severable from each other, and if any clause shall be unenforceable in law, this shall not affect the enforceability of the remaining clause.
8.3 Any Products that the Customer returns are returned at their own cost (to include courier charges and bank charges) and risk and the Customer is to take reasonable care when returning any Products to the Company by ensuring the Product(s) are correctly addressed, adequately packed and carried by a reputable carrier. If the Customer opts to exchange the Products, any additional payments required will be taken from the Customer using the same payment method used for the original purchase. Replacement Product(s) will not be dispatched until such payment has been received and cleared.
8.4 The provision of goods and services by the Company is subject to availability. In cases of unavailability, the Company shall refund the client in full within 30 days. Cancellation of orders by the Customer will attract a 10% administration fee.
9.1 The Company shall be entitled (but not obliged) by written notice to the Customer to terminate the contract (together with any other contract which it may have with the Customer for delivery of other Product(s) on the occurrence of any one or more of the following:
a) bankruptcy, winding up or other insolvency proceedings being instituted in relation to the Customer, and/or
b) bankruptcy, winding up or an administration order being made by a Court of competent jurisdiction in relation to the Customer, and/or
c) An administrator, receiver or administrative receiver being appointed in relation to the Customer or in respect of any property of the Customer, and/or
d) The Customer making or proposing to make an arrangement with its creditors.
10. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
10.1 Whilst the Company has taken all reasonable steps to ensure the accuracy and completeness of the information on this Website, it is provided on an "as is" basis. The Company gives no warranty and makes no representation regarding the accuracy or completeness of the content of this Website. Further, no warranty is given that the Website shall be available on an uninterrupted basis, and no liability can be accepted in respect of losses or damages arising out of such unavailability.
10.2 Access to and use of this Website is at the Customer’s own risk. The Company does not warrant that the use of this Website or any material downloaded from it will not cause damage to any property, including but not limited to loss of data or computer virus infection. The Company does not accept any liability for viruses and recommends that all appropriate safeguards are taken before making use of this Website.
10.3 The Company’s aggregate liability in respect of all causes of action arising out of or in connection with the Products purchased on our Website or in connection with use of the Website (whether for breach of contract, in negligence or any other sort, under statute or otherwise at all) will not exceed an amount equal to the value of the Products delivered to the Customer under these Terms and Conditions.
10.4 The Company shall have no liability in respect of any shortages of which the Company is not notified in writing by the Customer within 7(seven) days from the date of delivery of the Product(s).
10.5 The Company reserves the right not to display exact stock levels and any order (whether or not accepted) is subject to availability of the Product. The Company shall have no liability in respect of stock depletion and the inability to fulfill the Customer’s order.
11. INTELLECTUAL PROPERTY
11.1 All Website, intellectual property, design, text, pictures and graphics belong to the Company. All copyright and trademarks belong to the respective trade mark owners. The Website cannot be used in any way that may infringe the intellectual property rights contained.
11.2 The Customer may not republish material from this website (including republication on another website), or reproduce or store material from this website in any public or private electronic retrieval system.
11.3 The Customer may not reproduce, duplicate, copy, sell, resell,visit, or otherwise exploit the Company’s website or material on the Company’s website for any purpose, without the Company’s express written consent.
11.4 All brand names, logos and trademarks listed in the Company’s website and newsletters are property of their original propriety owners. The Company and its subsidiary companies do not claim that it is an authorized dealer, nor an affiliated wholesaler, nor an agent of any of these companies.
12. RESTRICTED ACCESS
12.1 Access to certain areas of the Company’s website is restricted. The Company reserves the right to restrict access to other areas of its website, or indeed its whole website, at its sole discretion.
12.2 If the Company approves the Customer with a user ID and password to enable the Customer to access restricted areas of the Company website or other content or services, the Customer must ensure that the user ID and password is kept confidential at all times. The Customer accepts responsibility for all activities that occur under the Customer’s user ID and/or password.
12.3 The Company may disable the Customer’s user ID and password at the Company’s sole discretion OR in the event that the Customer breaches any of the policies or terms governing the Customer’s use of the Company website or any other contractual obligation between the Customer and the Company.
13.1 The Company is committed to protecting the Customer’s privacy. The Company will only use the information collected from the Customer lawfully and in accordance with the Promotion of Access to Information Act 2 of 2000. This Act may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569.
13.2 Information is collected to process the Customer’s order and to provide the best possible service. The type of information collected includes, but is not limited to: the Customer’s name, address, telephone number, email address, previous orders, log-in attempts.
13.3 The Company will not pass on the Customer’s details to any third parties. The Customer’s personal information will be held securely in accordance with the law.
13.4 The Customer’s details shall be stored by the Company separately from card details which are entered by the buyer on Payfast’s secure site.
14. FORCE MAJEURE
14.1 Neither party shall be responsible for any failure or delay in performance of its obligations under this Agreement (other than the obligation to make payments of money) due to any force majeure event including, Act of God, fire, explosion, embargo, terrorism, civil disturbance, accident, epidemics, lightning damage, electromagnetic interference, radio interference, strikes, industrial dispute, or any other cause beyond its reasonable control.
15.1 The Customer designates the address hereunder as its domicilium citandi et executandi for any notice/s, the serving of any process and for any other purposes arising from this Agreement.
16. ENTIRE AGREEMENT
16.1 This Agreement sets out the entire agreement between the parties in relation to the subject matter hereof and supersedes all previous arrangements, agreements and representations whether written, oral or implied between the Company and the Customer.
16.2 Any amendments to this Agreement shall be in writing and signed by both parties.
17. GOVERNING LAW AND JURISDICTION
17.1 The Parties agree that the validity and interpretation of this Agreement will be governed by the laws of the Republic of South Africa.
17.2 The parties agree to the jurisdiction of the Magistrate’s Court in relation to any legal proceedings which may result from the Agreement, provided that the Company is entitled in its discretion to institute any such legal proceedings in any other competent court.
18. ELECTRONIC COMMUNICATION
18.1 The Customer consents to receive electronic communications from the Company.
18.2 The Customer agrees that all agreements, notices, disclosures and other communications that the Company provides to it electronically satisfies any legal requirement that such communications be in writing.
18.3 If the Customer does not wish to receive electronic email updates from the Company, it shall reply to Company email with the word “REMOVE” in the subject field.
19. POSTINGS ON COMPANY WEBSITE
19.1 Visitors to the Company website may post reviews and comments and submit suggestions, ideas, questions, or other information, provided that the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of spam.
19.2 The Customer may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. The Company reserves the right to remove or edit such content.
19.3 The Company has a non-exclusive, royalty-free, perpetual, irrevocable, and fully transferable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such content as is posted on its website throughout the world in any media form. The Customer grants the Company the right to use the name that it submits in connection with such content.
19.4 The Customer represents and warrants that it owns or otherwise controls all of the rights to the content that it posts, that the content is accurate and that use of the content it supplies does not violate this policy and will not cause injury to any person or entity.
19.5 The Customer indemnifies the Company against all claims resulting from content it posts on the Company’s website. The Company has the right to monitor and edit or remove any activity or content from its website without notice to the poster of said content.
20.1 If a dispute arises between the parties concerning any matter relating to this Agreement, then both parties shall enter into negotiations, in good faith, in order to resolve the matter.
20.2 If the parties are unable to resolve the matter between them they may, but are not obligated to, refer the matter to arbitration. The arbitrator may in turn appoint an independent expert in the field in which the dispute has arisen, provided that both parties accept and agree on the arbitrator and his / her choice of independent expert and the terms and conditions of his / her appointment. The arbitrator shall decide the matter, and both parties shall agree to be bound by his / her decision.
20.3 In the event that the parties are unable to resolve the matter, or fail to agree on either an arbitrator or an expert, or the terms and conditions of his / her appointment, or if either party is in repeated breach of this agreement, then the party who has been aggrieved shall give written notice to the other party calling on it to remedy any breach of the agreement. If the other party fails to remedy the breach within 7 (seven) days of receipt of the notice, then the aggrieved party may elect to cancel the agreement, or to demand specific performance, without prejudice to its rights to claim damages and without prejudice to any other rights it may have in law.
We offer a large selection of branded watches, sunglasses and bags online.
Wholesalers can take advantage of the same great products we sell online but with even greater discounts. To take advantage of this, you would have to register as a wholesaler and wait for the approval process which typically takes 3 business days. Minimum Order Quantities do however apply. If you would like to place an exceptionally large order (over 100+ items), or would like to set up a regular purchasing scheme, then we are happy to discuss the potential for further pricing reductions with you.
The site is designed and built in such a way that everything is logically laid out and easy to find. From the product range menu, find the product and quantity that you would like to purchase. Once you've put everything you want into your cart simply pay for it and you'll then receive a confirmation e-mail letting you know the order is ready to ship.
To become a wholesaler please do the following:
1. Please create an account on Style 24 Seven.
2. Send an email to firstname.lastname@example.org requesting to be a wholesaler (** In this email, you should include attachments of your I.D, company letterhead and proof of residence as we need to verify the information entered on your profile).
Once the application is approved, you will be entitled to an additional discounted rate on all products at Style 24 Seven. This verification is a once off procedure. All documentation will be kept in strictest confidence.
** Terms and Conditions Apply.
** Minimum Order Quantities Value Apply.
All logos depicted are the property of the respective proprietary owners.
Bank Deposit, Credit Card or Electronic Funds Transfer (EFT): Once you've placed your order, deposit or transfer the purchase amount directly to us using the order reference. All orders will be processed once the purchase amount reflects in our account. Once the deposit or transfer has been made please fax payment confirmation to 086 270 7446 or e-mail the payment confirmation to email@example.com.
Our banking details:
Banking Institution: Standard Bank
Account Name: Anchorage Three Trading t/a Style 24 Seven
Branch Code: 045426
Account No: 252510895
Please don't forget to include the order reference number with payment.