Terms and Conditions

TERMS OF SERVICE



OVERVIEW

This website is operated by Exclusive brands Online. Throughout the site, the terms “we”, “us” and “our” refer to Exclusive brands Online. Exclusive brands Online offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.


 

1. Orders
  • Confirmation of Orders

Orders placed online constitute your offer to purchase subject to these terms. On receipt of your order we will send you an email describing the products and services you have ordered. These communications confirm we have received your order, but do not represent any acceptance of your offer to purchase products or services from us. We are not legally obliged to provide the products and services to you during the offer process.

  • Cancellation

If for any reason you would like to cancel an order, this may be done by contacting Exclusive Brands Online's Customer Services via info@exclusivebrandsonline.co.za . You will only be able to cancel orders up to midnight on the day prior to the date of delivery. Exclusive Brands Online reserves the right not to refund the delivery in respect of any late cancellations. If you cancel your payment for any reason, or if your payment method should cease to be valid for whatever reason, you will nevertheless be bound to pay to the full purchase price, including all costs incurred by us relating to the recovery thereof. Without prejudice to any other rights or remedies in law, EBO reserves the right to cancel forthwith any sale and/or your registration in the event that the customer breach any of our terms.

You may return a Product, at your cost, to any EBO branch provided you have the original invoice/proof of purchase and have complied with the required terms and conditions of EBO's Returns Policy.

  • Order Tracking

You can track the status of your order by clicking on the provided link via email when your order has been processed.

 For Further assistance please click on Orders & Shipping

 

2. Delivery and Branch Collection

  • Delivery

A delivery fee may be charged for each delivery order placed by you. EBO delivers from Monday to Friday, 08h00 till 17h00 and does not deliver on a Saturday, Sunday and any South African public holiday. Items are delivered in 2 (two) to 7 (seven) working days if there are no unexpected delays and depending on the product purchased and the delivery terms thereof. Should it be unavoidable for us to exceed these delivery times, you will be notified either telephonically or electronically.

EBO delivers to registered customers within certain specified delivery areas. Deliveries to outlying areas may attract an additional surcharge that will be calculated on checkout. An outlying area refers to a suburb or town that falls out of any regional town/city or main centre. Outlying areas include farms, mines and townships.

On delivery of the order to the specified delivery address, you will receive EBO's delivery waybill note showing the items delivered. For verification purposes, the person accepting delivery at the delivery address will be required to produce a form of identification. Any person other than yourself who receives the Products at the delivery address is presumed to be authorized to accept delivery on your behalf. Should no-one be in attendance at the delivery address specified by you at the time of delivery, the driver will return the Products and leave a notice at the delivery address to that effect. The courier company will attempt to contact you to make new arrangements for delivery. EBO reserves the right to charge an additional delivery fee should it be required under these circumstances. Orders requiring special shipment as per our website according to area locations, will be charged on courier. An invoice can be requested on reply to your order confirmation email for Courier. Alternatively the item may be arranged for collection at one of our branches subjected to stock availability.

 

Please arrange that you or your authorized representative, who is a responsible person, is available to accept your purchases at the delivery address and that appropriate access will be made available.

  • Delivery Confirmation

EBO will indicate its acceptance of your order by delivering the products to you or allowing you to collect them, and only at that point will a contract between you and EBO be completed. Delivery dates are estimates only, and as we process your order we will inform you if any products or services on your order turn out to be unavailable or delayed for any reason.

 

  • Branch Pick-up/ Collection

You may place an order online and then collect it from one of our EBO branches upon appointment for EBO to ensure that the product is available at the required branch. If your chosen branch has the items in stock you can collect the order in 2 (two) to 5 (five) working days. To collect instore, place your order online as normal and send us a reply to your order confirmation email to arrange collection.

 

Products may only be picked up from your chosen store upon presentation of a valid proof of identity and the collection notice, which can be printed once your payment is complete. Please ensure that the person you have named to pick-up the order presents one of the following forms of identification:

 

  • South African ID; or
  • South African driver's licence; or
  • Passport

3. Payment

  • Methods of Payment

Prior to delivery or confirmation from us for collection of the Products by you, EBO shall be entitled to debit the credit card supplied by you on acceptance of your order should you be paying with a credit card. Should the customer pay for the Products via EFT, the order will only be processed once Exclusive Brands Online have received successful confirmation of payment.

 


SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. All product information is supplied by the Manufacturer/Supplier of Exclusive Brands Online. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.


1. Products

  • Product Images and Representation

 

We have made every effort to display the Products[VD8] on the Website as accurately as possible, including:

  • the images that represent a visual depiction of the Product
  • features and descriptions that pertain to the Product;

The actual Product delivered may be subject to variations in appearance, as Product packaging may differ over time. It remains the responsibility of the customer to ensure that the Product he/she ordered is correct, and the Product description and/or model number will always overrule any related images when resolving a dispute about a Product.

As the actual colours you see will depend on your computer's monitor.

EBO can thus not guarantee that your monitor's display of any colour will be accurate.



SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

1. Product Pricing, Availability and Delivery

 

The products displayed on the Website are subject to availability and will be delivered within the Republic of South Africa only, within the areas as determined by EBO. Available delivery areas are identified at the checkout process when the delivery address is entered, and it remains the responsibility of the customer to ensure the delivery address, including the suburb and postal code, is correct.

 

EBO reserves the right, without prior notice, to discontinue or change pricing or specifications of products and services offered on this Website without incurring any liability whatsoever.

EBO cannot guarantee availability of stock but will endeavor to source stock where possible to fulfill your order as soon as possible.

Where items cannot be delivered, Our EBO Sales team will contact the customer based on the information provided when the order was placed and offer either the option to refund the order, change the order to an alternative or reduce the quantities, where applicable. If EBO is unable to supply each and every item ordered or in the quantities ordered and cannot contact the customer, the customer nevertheless agrees to accept delivery and make payment for the items correctly delivered.

For online purchases, customers will be charged the prices that are reflected on the Website, subject to availability and save where “Inadvertent and Obvious Errors” have occurred. The prices include Value-Added Tax.

Special promotions may be subject to certain conditions, including stock availability and limited-offer stipulations.

2. Inadvertent and Obvious Errors

Whilst all precautions are taken by the Company to provide the correct information on the website, in the event that we identify an inadvertent and obvious error in the price, product or service description, images and any other Exclusive Brands Online relevant content,  is not obliged to provide you with the affected product or service.

EBO will however make every effort to contact you to alert you of the error. In such circumstances you are entitled to cancel the purchase and we will provide a full refund for the amount paid.



SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

1. Product Reviews

By submitting Product reviews to EBO, you represent and warrant that:
You understand you are participating in a public forum and that your submitted content and other personal information will be available to all other users of the Sites, the Community and potentially Third Party Sites.

When you submit a review, you agree to the following:

  • All review(s) submitted are accurate
  • Your review is original and was created by you
  • You are a resident of South; and are at least eighteen (18) years of age
  • You are currently a user of the EBO Product(s) mentioned in your review.
  • You are not an employee of EBO nor do you work for an affiliate or agency of EBO hired by EBO to promote and/or sell any EBO Products;
  • The statements you make in your review reflect your true and honest opinion of and current experience with the EBO item(s) which you are reviewing.
  • If your review refers to a potential fault that could be specific to the item you received, not the Product in general, EBO’s Customer Service Team will be in touch to resolve it with you directly. In this instance, your review will not be published.

 

EBO shall have the right, but not the obligation, to pursue any one or more of the following actions with regard to your review(s):

  • We reserve the right monitor/review your review;
  • We retain full discretion to remove or refuse to post any review or rating that deems, in its sole discretion, to violate the reasonable review terms.


SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Exclusive Brands Online, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Any warranty that is provided in connection with any of the products and services described on this Web site is provided by the manufacturer only, and not by ExclusiveBrandsOnline.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Exclusive brands online and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 150B Drakensberg Road Pretoria Gauteng ZA 0181.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at info@exclusivebrandsonline.co.za

 

COUNTRY OF DOMICILE

The Website is governed by the laws of South Africa and Exclusive Brands Online as its domicillum for all purposes under this agreement, whether in respect of court process, notice or other documents or communication or whatsoever nature.

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Our Branches

Pretoria Branch: 153 Grant Street; Queenswood; Pretoria 0086 (Purchase & Pick-Up)

Western Cape Branch: Cnr. Jeanette & Old Paarl Street, Essential Health Building, 3rd Floor Springbokpark, Brackenfell, Cape Town 7560 (Purchase & Pick-up option available)

Head Office: 150B Drakensberg road, Pretoria, Waterkloof Park, 0181 (Collection Appointment Available -For Viewing & Purchasing, please visit our Queenswood Branch)