Terms of Sale, Privacy Policy, Terms of Use]

www.libertybespoke.co.za

TERMS OF SALE

The aim of the present Terms of Sale is to provide a clear definition of the relationship between LIBERTY BESPOKE with you, as a customer who places an order through this website accessible at www.libertybespoke.co.za

These Terms of Sale are subject to amendments at any time. It is important that you read them on a regular basis. Orders are therefore governed by the online Terms of Sale in effect at the time orders are placed.

You are buying the product(s) for your personal use or as a gift and not for resale. Any other services provided are not transferable if the customer resells products purchased from the Liberty Bespoke Online Store.

If you would like to talk to us directly, please call +27 (0)11 327 1001. Lines are open from 08:00 to 17:00 Monday to Friday. These Terms of Sale are applicable every time you access the Liberty Bespoke Online Store and/or order products from the Liberty Bespoke Online Store.

LIBERTY BESPOKE may modify these Terms of Sale from time to time in its sole discretion, and each time you place an order via the Liberty Bespoke Online Store this shall constitute acceptance of these Terms of Sale as at the date such order is placed.

Please note that in terms of the Consumer Protection Act 68 of 2008, a consumer is to be given an adequate opportunity to receive and understand these terms. Please take sufficient time to acquaint yourself with such terms and understand their importance and effect.

YOUR ATTENTION IS SPECIFICALLY DRAWN TO THE FOLLOWING CLAUSES OF THESE TERMS, WHICH MAY RESTRICT YOUR RIGHTS, CONTAIN ACKNOWLEDGEMENTS OF FACT OR PLACE ONEROUS OBLIGATIONS ON YOU, NAMELY SECTIONS 7, 8, 9,10, AND 12.

1. Product Specifications

Via each Product Listing, LIBERTY BESPOKE endeavours to give clear and thorough information regarding the presentation of the products’ essential specifications.

LIBERTY BESPOKE endeavours to provide all the products on the Liberty Bespoke Online Store with the corresponding image. However, LIBERTY BESPOKE does not warrant that information, graphic depictions, and product descriptions or other content of the Liberty Bespoke Online Store is accurate, complete, reliable, updated, current, or error-free. To obtain confirmation of product specifications, please send an email to info@libertybespoke.co.za

2. Ordering Products

No information or data on the Liberty Bespoke Online Store is an offer, but merely an invitation to do business.

All orders placed through the Liberty Bespoke Online Store will be subject to our acceptance of the order. We reserve the right to decline any order without giving any reasons and will only be liable to refund monies already paid by you.

When you submit an order to us on the Liberty Bespoke Online Store, you will receive an email to confirm that we are processing your order. You will then receive a second email from us acknowledging your order details and giving you estimated timescales for delivery. You should check both emails for accuracy and let us know immediately if there are any errors. Neither of these emails constitute acceptance of the order by us. Your order will be accepted by us when we dispatch the products to you, which will conclude the agreement of sale between us. You will become the owner of the products on receipt of delivery thereof by you.

Where you have redeemed a promotional code or any other offer (“a Code”) against your order, acceptance of this order is subject to our verifying that the Code has been issued to you personally, that you comply with all the terms of the offer and qualify for the Code. In the event that the Code has not been issued to you for your personal use or you do not qualify for the offer, the price of the order will be adjusted notwithstanding any email or other confirmation that you receive.

Placing an item in a shopping basket on the Liberty Bespoke Online Store without completing the purchase cycle asset forth above, shall not constitute an order for such item, neither constitute an agreement of sale between us, and you cannot hold us liable if such items are not available when the purchase cycle is completed at a later point in time.

3. Pricing

Prices are shown in the local currency, VAT included, with shipping fees excluded.

Our main VAT registration number is pending.

All prices on the Liberty Bespoke Online Store are FINAL. There are no additional charges with the exception of delivery fees such as specified here.

4. Availability

While stocks last, our products are available and our prices are applicable as long as they are featured on the Liberty Bespoke Online Store. You can obtain further information by contacting us by emailing info@libertybespoke.co.za or calling +27 (0)11 327 1001.

Should a product become unavailable, it would be expressly stated on the related Liberty Bespoke Online Store pages. Depending on the product’s status, any of the following statuses could appear: “X in stock - 3 days”, “Est. 4 days”, “Pre-order now”, “On request”, “Discontinued”, or “No Longer in Print."

5. Processing Your Orders

Orders placed through the Liberty Bespoke Online Store are processed Monday to Friday according to the principle of first come, first served. The processing time is subject to the payment method and stock availability. Processing times may therefore vary from a few minutes to several days.

6. Payment and Invoicing

• Payment

By placing an order, you authorise LIBERTY BESPOKE to charge the payment method in the total amount of such order. Should you pay by credit or debit card, your card will be authorised during processing to ensure funds are available. The transaction will not be settled from the bank until the day we ship the products.

Should the order be shipped in partial increments, only the pricing related to the products actually shipped will be charged. Acceptable payment methods are as follows:

- Credit or Debit Card, including: Mastercard, Visa, Amex
- Paypal
- Bank transfer

LIBERTY BESPOKE reserves the right to require another payment method for orders above 10,000 ZAR (except Cash On Delivery).

Default on Payments - LIBERTY BESPOKE reserves the right to refuse to accept or deliver an order from a customer who has not paid part or the total amount of a previous order or with whom a legal dispute is in progress.

Anti-fraud Controls - Information related to a customer’s order is subject to anti-fraud controls (on debit/credit card and any other method of payment). LIBERTY BESPOKE reserves the right to require additional identification documentation (such as photocopy of driver’s licence, passport, the debit/credit card used to place the order, proof of address, etc.) for orders placed with a debit/credit card to facilitate any security checks.

Should non-payment occur due to the fraudulent use of a debit or credit card or any other method of payment, the data related to the order and the fraudulent payment will be registered and maintained on file.

Retention of Title - Title and ownership of all products remains with LIBERTY BESPOKE until full and complete payment for the product has been received. However, risk of loss or damage to the product transfers to customer immediately upon commencement of shipment to customer even if complete payment has not yet been made.

• Invoice

The order form filled out online by the customer shall not be considered as an invoice. A PDF document of the invoice is enclosed with the order shipment email, and a digital copy of each invoice shall be maintained in LIBERTY BESPOKE’s database.

7. Delivery

·         We will make every reasonable effort to effect delivery in accordance with the estimated delivery dates. If we are unable to deliver any part of the products on time, or we are unable to deliver the products for any reason which is not within our control, then the time for delivery shall be extended for a reasonable time after the cause of the delay has ceased.

·         Should we be unable to perform in accordance with an order because the products ordered are unavailable, we will notify you as soon as reasonably possible of this fact and refund any payments within 30 days after date of such notification.

·         All the parcels are sent in a cardboard box or in padded envelopes. You must check the parcel. If a parcel comes partly or totally damaged, you must specify these damages in writing on the delivery note in the presence of the carrier. If you do not mention these damages, the parcel is considered as delivered in good condition and no subsequent claims or complaints will be accepted by LIBERTY BESPOKE. Any unclaimed parcel that is returned to LIBERTY BESPOKE can be sent back provided that you repay the delivery fees.

·         Where you have provided an incorrect address in your order for delivery of the products, you will be required to pay the additional delivery costs incurred by LIBERTY BESPOKE to deliver to the correct address. You are therefore requested to review the transaction details in the confirmation emails and advise us of any errors in the delivery address prior to dispatch of the products.

·         Should carriers be on strike or should any “force majeure” event occur and slow down or stop the delivery of parcels, LIBERTY BESPOKE will do its best to inform you of the status of the shipment.

·         You acknowledge that LIBERTY BESPOKE will only deliver products within the territory of South Africa. Products may be subject to import and export laws and regulations; these laws may include restrictions on destinations, users, and end use. Any exportation of products out of South Africa is made under your sole responsibility; LIBERTY BESPOKE shall not be liable in any way if you do not adhere to the legislation of the country in which the products will be introduced.

8. Loss of Parcel

Should such a situation arise, LIBERTY BESPOKE is compelled to respect the time-frames set by the carriers in regard to declaring the loss and the refunding of the shipment. Hence, you are also bound to the same time-frames:

- In order for LIBERTY BESPOKE to officially declare a parcel lost, you have ten (10) business days to declare the loss of a parcel starting from the date you have received the shipment confirmation email. Beyond this time period, no claim will be accepted.

- If the parcel was declared as lost within the abovementioned time, LIBERTY BESPOKE will attend to filing a claim with the carrier. LIBERTY BESPOKE may eventually ask you for additional documents to complete the composition of the file’s contents. You will then need to send the information as soon as possible.

- The final response related to claims is provided by the carrier within a one- to three-week period. The nature of the response can be one of two types: either the parcel is found and then sent back to you by standard procedure, or the parcel is declared as lost by the carrier and LIBERTY BESPOKE informs the customer. In this case, and in accordance with your wishes, LIBERTY BESPOKE can make a second shipment of the order or proceed by fully refunding you for the total amount paid.

9. Returns - Procedure and Conditions

Please contact Customer Care on +27 (0)11 327 1001 for any return queries.

• Product Discrepancy

Any claim for product non-conformity or product damage must be made before 10:00 on the day following the parcel delivery. Any claim that does not satisfy the abovementioned conditions within the time allowed will not be taken into account and LIBERTY BESPOKE will refuse any responsibility in the matter.

• Return of Defective Products

Returns can be made should the products fail to be of good quality.

10. Privacy

• LIBERTY BESPOKE will electronically collect, store and use the information given at the time of your order. This information is not disclosed to any other party without your consent. For details about the way we are collecting information, please read our Privacy Policy.

• We may, at our sole discretion, request additional personal information from you. You may be required to confirm such details as your identity, address and contact information for security and verification reasons. This information may include copies of ID documents, passports, utility bills, licences, rights to sell or distribute a particular item or product, legal or financial documentation, or any other documentation related to your use of the Liberty Bespoke Online Store (but not limited to this).

11. General

Applicable Law. Any dispute or purported dispute arising out of these Terms of Sale shall be governed by and construed in accordance with the law of the Republic of South Africa, and all disputes, actions and other matters relating thereto will be determined in accordance with such law.

No effect to statutory rights. The above policies are part of our commitment to high quality service. They do not affect your statutory rights as a consumer.

Security. We use Extended Validation SSL with 256-bit encryption. We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information by you.

Errors and Omissions Excepted (E&OE). In respect of any information provided on this website or any order, errors and omissions are excepted.

Neither LIBERTY BESPOKE, its members, employees, affiliates (or their shareholders), agents or consultants shall not be responsible to you for incidental, special, indirect or consequential loss or damage, any loss of profit (direct or indirect), loss of sales, loss of goodwill or reputation, loss of business, third party claims, pure economic loss arising out of or in connection of the performance or non-performance of our obligations under these Terms and Conditions, including such damage as may be reasonably foreseeable at the date you order the goods. Such liability is excluded, irrespective of whether it arises in contract, dereliction, statute or otherwise.

Our liability for any claim for loss or damage shall be limited to the sum paid by you for the goods or a replacement of the goods.

Severability. If any provision of these terms and conditions is found to be invalid or unenforceable by a court, the invalidity or unenforceability of such provision shall not affect the other provisions of these terms and conditions.

Assignment. We may assign or transfer any of our rights or sub-contract any of our obligations under these Terms and Conditions to any third party. You may not assign or transfer any of your rights or sub-contract any of your obligations under these Terms and Conditions except with our specific permission in writing.

Change. We reserve the right to change these Terms and Conditions from time to time, and any such changes will be communicated on our website. You will be bound by the terms on this website as at the date you place an order.

Links to third party sites. There are, from time to time, links on our website to third-party websites which we believe may be of interest to you. We do not have any control over the content of these websites, nor can we be held liable in respect of anything contained on these websites.

Intellectual Property Rights. All intellectual property rights (including use of trade-marks) shall be solely owned by us. You are permitted only to use material on this website as expressly authorised by us or our licensors. Any unauthorised use of material on this website is strictly prohibited.