1.1 Eddies Clothing is a company duly registered within the Republic of South Africa under the Companies Act 71 of 2008 and adheres to the Consumer Protection Act 68 of 2008 (CPA) eddiesclothing.co.za provides an online web platform for the sale of goods to customers.
1.2 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.
2. RETURNS POLICY
2.1 Eddies Clothing will accept returns
2.2 While eddiesclothing.co.za makes every effort to accommodate its users, consumers, and retailers, our Returns Policy has to be one that is both reasonable and in strict accordance with the relevant aspects of the Consumer Protection Act of 2008 (CPA) and its regulations as amended.
2.3 Returns can only be done within 7-14 working days of order.
2.4 The Act permits returns within the first* 14 days* in the following circumstances,
2.5 Where goods have been incorrectly supplied. an example of this is where a user orders goods and receives goods that are substantially different from what was ordered. Eddies Clothing will then have the incorrect goods picked up and the correct goods delivered at no charge to the consumer.
2.6 Where the goods sold are materially defective. materially defective means that the goods are not suitable for the purposes for which they are made or designed and that the defect affects the usage of the item. Eddies Clothing reserves the right to inspect the goods once they have been returned before offering the consumer recourse on the matter, which will include
2.6.1 A full refund where the goods are found to be materially defective OR
2.6.2 A credit to the value of the goods
2.6.3 A replacement of the goods
2.7 Materially defective here excludes minor scratches, dents, marks or defects which do not affect the usage or enjoyment of the goods.
2.8 All goods purchased from Eddies Clothing via the website or online platform can be returned if the goods are in their original packaging, unused and the consumer can provide a valid, dated proof of purchase
3. WILL NOT ACCEPT RETURNS
3.1 The consumer protection act (the “CPA”) specifically excludes “buyer’s remorse” and Eddies Clothing reserves the right to reject returns that are sought because the consumer has “changed his mind” or not longer wants the item after the purchase has been made
3.2 Where the goods have been damaged due to ordinary wear and tear or worn out in the ordinary course of use.
3.3 Where the goods have been purchased from other retailers and not Eddies Clothing.
3.4 Where the goods fall into one of the following categories:
3.4.1 Underwear, sleepwear or lingerie
3.4.2 Goods that have been specifically ordered for the Consumer and are not in ordinary stock
3.4.3 Goods that may pose a health or safety hazard if returned or reused. Food and drink products may not be returned
3.4.4 Earrings, including studs, piercings, watches, attachments, and other personal body items due to health and safety considerations.
3.4.5 Electronic goods, where such goods have been opened, tested, or used due to the nature and sensitivity of electronic components.
3.5 Where goods have been incorrectly supplied. an example of this is where a user orders goods and receives goods that are substantially different from what was ordered. Eddies Clothing will then have the incorrect goods picked up and the correct goods delivered at no charge to the consumer.
3.6 Where the goods sold are materially defective. materially defective means that the goods are not suitable for the purposes for which they are made or designed and that the defect affects the usage of the item. Eddies Clothing reserves the right to inspect the goods once they have been returned before offering the consumer recourse on the matter, which will include;
3.7 Where the goods have been willfully damaged or have been damaged by the gross negligence of the consumer or retailer.Where the goods have been damaged by force Majeure, or an act of god such as inclement weather, natural disaster, power failure, electrical surges, or circumstances outside of Eddies Clothing’s control.
3.8 Eddies Clothing reserves the right to hold the consumer liable for delivery charges in the event of one or more of the above circumstances being the reason for the return of the goods.
3.9 Cash refunds will be processed 7 (seven) to 14 (fourteen) working days from date of refund being accepted and return validated. Refunds shall be made to the banking details from which the order was placed, or to the banking details provided to Eddies Clothing on signing up or account creation.
3.9 Returns are only applicable to customers within South Africa
3.10 No free returns are accepted outside of South Africa, All returns are from outside of South Africa are at the consumer’s costs. Any exchanges are at the consumers cost
3.11 If a customer requests Cash refund and the basket value drops below the Free Transport or Promotion validation price, Then the customer is liable for any charges deemed by AA Clothing Retailers CC (Pty) Ltd
3.12 If a customer requests store credit and the value of the order drops below the Free Shipping total. We will issue you store credit less the liable shipping fee.
3.13 Cash refunds that are requested after the 15th of December each year shall only be processed after the 15th of January that succeeding year as the admin accounts of Eddies Clothing are closed during this period.
4.1.1 Eddies Clothing reserves the right not to process exchanges for any reason whatsoever, subject to sections 55 and 56 of the Consumer Protection Act of 2008, as amended.
4.1.2 Should a customer, consumer, or user be unhappy with the color, type, spec, or quality of goods supplied, Eddies Clothing shall process a cash refund or store credit to the customer which may be used for the purchase of other goods on the website or online platform.
4.1.3 Goods that are returned to Eddies Clothing shall be treated as returned items and a store credit or cash refund shall be processed to the customer in lieu thereof.
5. CONCLUSION OF SALES AND AVAILABILITY OF STOCK
5.1. Registered users may place orders for Goods, which Eddies Clothing may accept or reject. Whether or not Eddies Clothing accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price), and receipt of payment or payment authorization by Eddies Clothing for the Goods.
5.2. NOTE: Eddies Clothing will indicate the acceptance of your order by delivering the Goods to you, and only at that point will an agreement of sale between you and Eddies Clothing come into effect (the “Sale”). This is regardless of any communication from Eddies Clothing stating that your order or payment has been confirmed. Eddies Clothing will indicate the rejection of your order by canceling it and, as soon as possible thereafter, refunding you for any amount already paid.
5.3. Orders may not be canceled after receipt of payment of the Goods by Eddies Clothing. After dispatch of your Goods, you may cancel the Sale only following the Returns Policy.
5.4. Placing Goods in a shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available. You cannot hold Eddies Clothing liable if such Goods are not available when you complete or attempt to complete the purchase cycle at a later stage.
5.5. You acknowledge that stock of all Goods on offer is limited. In the case of Goods for sale by Eddies Clothing, Eddies Clothing will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after placing an order, Superbalist will notify you and you will be entitled to a refund of the amount paid by you for such Goods.
6.1 We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
6.2 Payment can be made for Goods via –
6.2.1 credit card: where payment is made by credit card, we may require additional information to authorize and/or verify the validity of payment. In such cases we are entitled to withhold delivery until the additional information is received by us and authorization is obtained by us for the amounts. If we do not receive authorization your order for the Goods will be canceled. You warrant that you are fully authorized to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website,
6.2.2 Instant EFT via Payfast
6.2.3 Store credit ( eddies clothing funds)
6.3 The above payment options are explained in more detail in our Frequently Asked Questions (“FAQ”): Payment, which are incorporated by reference.
6.4 You may contact us via our Help page to obtain a full record of your payment. We will also send you email communications about your order and payment.
6.5 Once you have selected your payment method (save for cash on delivery or direct bank deposit), you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
7. DELIVERY OF GOODS
7.1. Eddies Clothing offers one method of delivery of Goods to you, which is via courier.
7.2. Please see details of our delivery and shipping terms and conditions in our FAQ: Shipping Information, which is incorporated by reference.
7.3. Some items (heavy or large, based on volumetric weight) may carry additional delivery fees. These additional fees are included in the delivery cost upon checkout. Additional delivery volumetric costs are broken down below:
Volumetric weight (kg)
Additional delivery cost
0 – 19.9 kg
20 – 29.9 kg
30 – 39.9 kg
40 – 59.9 kg
60 – 79.9 kg
80 – 89.9 kg
If > 90kg
7.4. Where it accepts your order, Eddies Clothing will deliver the Goods to you as soon as reasonably possible, but no later than 14 days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.
8.1. We respect your privacy and will take all reasonable measures to protect it, as more fully detailed below.
8.2. Should you decide to register as a user on the Website, we may require you to provide us with personal information which includes but is not limited to –
8.2.1. your name and surname;
8.2.2. your email address;
8.2.3. your physical address;
8.2.4. your gender;
8.2.5. your mobile number; and
8.2.6. your date of birth.
8.3. Should your information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.
8.4. You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
8.5. Subject to clause 6.6 below, we will not, without your express consent:
8.5.1. use your personal information for any purpose other than as set out below:
126.96.36.199. concerning the ordering, sale, and delivery of Goods;
188.8.131.52. to contact you regarding current or new Goods or services or any other goods offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us);
184.108.40.206. to inform you of new features, special offers and promotional competitions offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us); and
220.127.116.11. to improve your experience on our Website by, inter alia, monitoring statistical non-personal browsing habits, and to transact with us; or
8.5.2. disclose your personal information to any third party other than as set out below:
18.104.22.168. to our employees and/or third-party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Goods or when delivering Goods to you, and thus need to know your personal information to assist us to communicate with you properly and efficiently;
22.214.171.124. to our divisions, affiliates and/or partners (including their employees and/or third-party service providers) for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);
126.96.36.199. to our suppliers for them to liaise directly with you in the event of you submitting a warranty claim regarding any Goods you have purchased which requires their involvement; and
188.8.131.52 according to a corporate transaction in terms of which we sell any of our businesses or assets to a buyer of such businesses or assets.
8.6. We are entitled to use or disclose your personal information if such use or disclosure is required to comply with any applicable law, order of court, or legal process served on us, or to protect and defend our rights or property.
8.7. We will ensure that all of our employees, third-party service providers, divisions, affiliates, and partners (including their employees and third-party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations (save as permitted herein) concerning your personal information.
8.8. We will –
8.8.1. treat your personal information as strictly confidential;
8.8.2. take appropriate technical and organizational measures to ensure that your personal information is kept secure and is protected against unauthorized or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
8.8.3. provide you with access to your personal information to view and/or update personal details;
8.8.4. promptly notify you if we become aware of any unauthorized use, disclosure or processing of your personal information;
8.8.5. provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request;
8.8.6. upon your request, promptly return or destroy all of your personal information in our possession or control; and
8.8.7. not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
8.9. Eddies Clothing undertakes never to sell or make your personal information available to any third party other than as provided for in this policy unless we are compelled to do so by law. In particular, in the event of a fraudulent online payment, Eddies Clothing reserves the right to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
8.10. Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorized or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
8.11. If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than Eddies Clothing, EDDIES CLOTHING SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THE THIRD PARTY. This is because we do not regulate or control how that third party uses your personal information.
9. CHANGES TO THESE TERMS AND CONDITIONS
9.1. Eddies Clothing may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
9.2. Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
10. Electronic communications
11.1. The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
11.2. Whilst Eddies Clothing takes reasonable measures to ensure that the content of the Website is accurate and complete, Eddies Clothing makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website.
11.3. Eddies Clothing disclaims liability for any damage, loss or liability, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
11.4. Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
11.5. Any views or statements made or expressed on the Website are not necessarily the views of Eddies Clothing, its directors, employees, and/or agents.
11.6. In addition to the disclaimers contained elsewhere in these Terms and Conditions, Eddies Clothing also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which can corrupt, destroy, compromise, disrupt, disable, harm, jeopardize or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which can corrupt, compromise, jeopardize, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Eddies Clothing, its employees, agents or authorized representatives. Eddies Clothing thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Website.
12. LIMITATION OF LIABILITY
12.1. Eddies Clothing cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Eddies Clothing, its employees, agents or authorized representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to firstname.lastname@example.org or by contacting 033 342 2093.
12.2. EDDIES CLOTHING SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
12.3. YOU HEREBY INDEMNIFY EDDIES CLOTHING AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.
13.1. Eddies Clothing may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
13.2. You may not cede, assign, or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
13.3. Any failure on the part of you or Eddies Clothing to enforce any right in terms hereof shall not constitute a waiver of that right.
13.4. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
13.5. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
13.6. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
13.7 These Terms and Conditions contain the whole agreement between you and Eddies Clothing and no other warranty or undertaking is valid unless contained in this document between the parties.