Introduction
The Tweak ‘n Style online service and shop can be accessed at www.tweaknstyle.co.za, related mobile sites and applications (“the site”). The site enables buyers to shop for items including clothes, shoes and accessories by selected local and international brands ("the products”) online and have them delivered door-to-door at home or office. All visitors to the site ("users" or "you") will be able to see the products on offer, but only those who have registered for an account on Tweak ‘n Style ("account holders” or “you”) are able to buy. Legally binding contract
All users and account holders, including those that buy from the site ("buyers") are bound by these terms and conditions ("T&C’s"). By registering, or using the site at all, you recognise that you've read, accepted and agreed to be bound by these T&C’s. Should there be any clause in these T&C’s that you do not understand, the onus is on you to ask Tweak ‘n Style to please explain the relevant clause to you before you accept the T&C’s by using or buying from the site. With whom are you entering into a contract? The site is owned and run by Tweak ‘n Style (pty) LTD, registration number CK 2016/052500/07, a company incorporated in the Republic of South Africa (herein after referred to as “Tweak ‘n Style”). More information about Tweak ‘n Style is available at the end of these terms and conditions. Products and availability Please note that the stock of all items on offer is limited. Tweak ‘n Style will make all reasonable attempts to ensure that special offers are brought to an end when stock runs out. If it happens that Tweak ‘n Style is unable to fulfil any order at the advertised price because stock is sold out, Tweak ‘n Style will inform you via email and you'll be entitled to a reimbursement for the Rand value you have paid for such product. This is described in more detail under Tweak ‘n Style's Help section, Delivery and Returns.
Buying products
1. The site allows you, the user, to place electronic orders ("order") for one or more products on offer as long as such products are available and not sold out.
2. A purchasing contract ("sale") between you and Tweak ‘n Style only comes into effect once you have fully completed AND submitted the online order form for one or more products in your shopping cart (“cart") AND your payment has been authorised by Tweak ‘n Style (or has been received into Tweak ‘n Style’s bank account).
3. The above is dependent on the product being available.
4. Products on Tweak ‘n Style cannot be reserved to be bought at a later stage, and placing an item in your cart without completing the order does not amount to a “sale”.
5. This means that Tweak ‘n Style may remove any product(s) from your cart before the sale actually takes place, in the event of the product going out of stock.
6. Tweak ‘n Style cannot be held responsible if the product(s) you added to your cart have become unavailable when you try to complete the sale.
7. A tax invoice will be emailed to the email address on your Tweak ‘n Style profile. A delivery note will be included with your order – please note that no prices are visible on the delivery note.
Cancelling and ending orders
1. Tweak ‘n Style reserves the right to refuse processing of payment for any order and/or to cancel any purchase, partially or completely, with notice given to you.
2. Tweak ‘n Style will be liable for reimbursing you the rand value paid only if you have already paid for the cancelled order. You have the right to return non-defective products purchased within 4-days of the order being delivered.
Fraud
1. Tweak ‘n Style reserves the right, in the interest of preventing fraud, to refuse the processing of payment for any order and/or to cancel any purchase, partially or completely.
2. Tweak ‘n Style may request documentation to complete the necessary fraud checks and cancel any order where the necessary documentation is not provided in a timely manner.
3. In the event of a fraudulent purchase being placed on Tweak ‘n Style, cardholders will be advised to initiate a chargeback via their bank in order to be refunded. Tweak ‘n Style does not process refunds for orders suspected of fraud.
4. Tweak ‘n Style does not provide order details relating to orders suspected of fraud.
Product Pricing
The price of each product is given on the product information page (“the product page”) on the site.
The Regular Retail Price
1. The Regular Retail Price (“RRP”) is the standard price that Tweak ‘n Style charges for the product. The RRP is determined by considering the suppliers’ price, market conditions, and the prices being offered by other local retailers.
2. When a product is not on sale, on special, or included in a discount promotion, the RRP is the price you will pay when you purchase the product (“purchase price”).
3. Please note that RRPs can change over the course of several seasons over which the product may be sold. The RRPs applicable at the time the product is introduced may differ from the RRP at the time of your purchase.
The Discount Price
1. When Tweak ‘n Style is having a sale, has products in OUTLET, or is running a discount centric promotion on specific products on the site – the discount price is shown on the product’s product page, as well as the Regular Retail Price (“RRP”). The discount price will be shown in red and the RRP will be shown alongside it – but will be crossed out.
2. When a discount price is shown on the product page, the discount price is the price you will pay when you add the product to your cart at the discounted price, and conclude the sale at the discounted price i.e. the purchase price.
Pricing accuracy
1. Every reasonable effort will be made to ensure that the RRP and, if applicable, the Discount Price of all products on Tweak ‘n Style are correct at the time of your purchase. If, however, the product is offered at an erroneous price, Tweak ‘n Style will not be obliged to supply the said product at the incorrect price.
2. Tweak ‘n Style will only be liable to return payment already made by you in the case you choose to cancel the sale once you have been made aware of the correct price.
Delivery fees
Tweak ‘n Style has two delivery options
Standard Delivery
1. For orders of the TWEAK clothing collection – where you are not using the box service (R595) a standard delivery fee of R 50 will be added to your order.
2. Standard delivery is available for certain areas outside of main centres. Please check the delivery options in checkout once you have entered your address to see if you are eligible. A non-refundable R100 delivery fee is applied for deliveries outside of main centres.
3. Tweak ‘n Style does not delivery to PO Box addresses.
4. Every reasonable effort is taken to ensure that the delivery costs displayed on the site are correct at the time of your purchase. However, if a delivery fee is incorrectly displayed, Tweak ‘n Style will not be obliged to deliver products at an incorrect delivery fee. Tweak ‘n Style will only be liable to return payment already made by you in the case you choose to cancel the sale once you have been made aware of the correct delivery fee.
Making a payment
You can pay on Tweak ‘n Style using your Visa or MasterCard credit
Paying by credit card
1. Tweak ‘n Style accepts payments made by Visa and MasterCard Credit Cards
2. When you place an order, the transaction details are presented to the bank for authorisation of the payment amount.
3. If authorisation is not obtained, the order is cancelled. If authorisation is obtained, payment is usually immediate. You guarantee that you are fully authorised to use the credit card for payment of your order and that there are sufficient funds in this credit card account to cover the costs of any transactions you complete on Tweak ‘n Style
Delivery
Standard Delivery
1. As buyer, you indicate where in South Africa you require delivery, as well as contact numbers to be used in connection with delivery.
2. Your parcel will be delivered to the address you specified in the checkout process.
3. On inputting your address during checkout, the site will indicate to you whether your postal code qualifies for Standard delivery
4. If nobody is present at the address at the time of delivery, our courier will on the second attempt of delivery leave a note (in the letterbox if a residential address) to indicate that there was an attempted delivery.
5. The courier will try once more (third attempt), and if at that time there is still no one to sign for the parcel, the parcel will be returned to our warehouse and a return will be processed for the goods. You will be contacted in order to confirm the refund method you would prefer.
6. Should a delivery fee have been charged on the order, this will not be reimbursed, given that the courier has attempted delivery on numerous occasions.
7. Unless we inform you otherwise, before you place your order and before the final confirmation, the estimated maximum delivery time for an order in South Africa – for Standard delivery is 10 working days.
8. As outlined above, all Tweak ‘n Style standard deliveries take place during business hours i.e. there are no deliveries over weekends or on public holidays. Please take this into consideration when selecting your delivery address.
Delivery completed
1. A standard delivery is considered complete as soon as the parcel is accepted and signed for either by the customer or by an individual on the customer’s behalf at the specified delivery address.
2. It is your responsibility, as buyer, to ensure that you or the intended receiver of the gift (when applicable) inspect(s) the parcel on arrival and makes known any justifiable complaints. The receiver has the right to refuse the parcel if it appears to have been opened or if it has clearly been damaged.
3. Such complaints and claims must be brought to the attention of Tweak ‘n Style by calling our call centre at 087 808 4344(Monday to Friday, 07:00 to 17:00).
Lost parcels
1. In the event that a parcel is declared missing, should stock be available a replacement order will be sent to the customer via the intended original delivery method.
2. If stock is not available, the order (at Rand value paid) plus any relevant delivery fee will be refunded.
3. Tweak ‘n Style will contact the customer in both cases to advise possible delays and/or preferred refund method.
Defective items, returns and reimbursement
1. If you are dissatisfied with your purchase due to a defect, incorrect product choice or other reason, you may return it to Tweak ‘n Style within 4 days of delivery, by the same delivery method which the parcel was received. If you are based in South Africa, you can either receive a Tweak ‘n Style a refund, or have the product repaired or replaced, depending on the situation.
2. In the case of a damaged or incorrect item having been delivered, Tweak ‘n Style will evaluate each case and issue a refund upon proof of the damaged/incorrect item.
3. You can only exchange TWEAK – the collection owned by Tweak ‘n Style
4. For exchanges you need to contact the customer service team to ensure we reserve and confirm the availability of the size you are exchanging for.
Competitions & Promotions
Tweak ‘n Style may release printed or digital discount coupons (“coupons”) from time to time. Such coupons may be available through the website and/or from third-party websites, in magazines and other media. Coupons can be used to secure a discount on the site as long as the coupon is valid. Given expiry dates cannot be moved.
Promotional coupons
1. Promotional coupons are issued at Tweak ‘n Style's discretion. Users don't have the right to promotional coupons and can't earn them.
2. Promotional coupons are issued with specific terms and conditions that regulate how and when they can be used. For example, certain coupons may be product specific in that they are only valid against a selected group of products. Exclusions may also exist with certain coupons e.g. not valid on items in OUTLET. The onus is on the shopper to check the full coupon T&C’s to ensure they understand the coupon’s applications and limitations.
3. In general, unless otherwise specified on the coupon itself: a coupon is only valid for 30 days from date of issue. A coupon can only be used against a purchase on the site when the purchase meets the terms and conditions as specified on the coupon.
4. Only one coupon can be used per shopping cart. Coupons are not transferrable and cannot be exchanged for cash. The discount value of the coupon will be deducted from the total amount in your shopping cart. The remaining balance, if any, must be paid by you.
5. Creation of multiple Tweak ‘n Style accounts, with different email addresses, in order to utilize a coupon on multiple occasions, is abuse of the benefit and Tweak ‘n Style reserves the right to not release these orders.
6. Should you wish to return an item you have purchased using a coupon: a. If you have redeemed a coupon against a purchase, and you'd like to return all items purchased, Tweak ‘n Style will refund you or credit your account with the rand value of the purchase. Please refer to the specific terms and conditions on the coupon for information on whether it will be reinstated and the terms that will apply. b. If you have used a coupon against a purchase and then return some of the products purchased, Tweak ‘n Style will apportion the value of the coupon across the relevant items in the cart and then refund you the relevant rand amount based on the items being returned. c. If you have used a coupon against a purchase and then return some of the products purchased, Tweak ‘n Style will recalculate the total value of your purchase AFTER the returned product(s) has/have been deducted. If the recalculated purchase value no longer meets the terms and conditions associated with the coupon, Tweak ‘n Style reserves the right to deduct the value of the coupon off the refund for the returns, to debit the value of the coupon off your account balance.
Promotional coupons cannot:
1. Be used to buy gift vouchers
2. Be exchanged for cash
3. Be transferred to anyone else
4. Be used after the expiry date which is, unless otherwise specified, 30days from date of issue
5. Be used together with any other promotion, including against items in OUTLET, items already on sale or items discounted as part of another promotional offer.
Gift Vouchers
Electronic gift vouchers can be purchased on the Tweak ‘n Style website. Tweak ‘n Style gift vouchers can only be redeemed while they are valid. Their expiry dates cannot be extended.
Vouchers cannot be:
1. used to purchase other Gift Vouchers;
2. used towards purchases at any affiliate websites or
3. exchanged for cash
General terms of Tweak ‘n Style gift vouchers: (can we do this???)
1. Gift voucher value can be set by you, to any value between R50 and R10 000.
2. The chosen value must be in rands, no cent values are permitted.
3. You may use more than 1 gift voucher per transaction, should you wish to.
4. If a gift voucher Is used to purchase a cart that is of lower value than the voucher, the residual amount will be tied to the voucher code.
5. You can check the balance of a gift voucher within your user account section.
6. If you have a gift voucher, that voucher can be used by someone other than you and you can assign your rights to use that voucher. We assume no liability for the loss, theft or illegibility of gift vouchers.
7. You may purchase gift vouchers for use on the Site by yourself or as a gift. These gift vouchers will be sent to you or your chosen recipient via email.
8. Gift vouchers cannot be used to buy further gift vouchers.
9. The credit of a gift voucher does not accrue interest nor does it have a cash value.
10. Gift vouchers are not refundable for cash once purchased.
11. If the credit of a gift voucher is insufficient for the Order you wish to make, you may make up the difference through either Credit Card.
Security
1. Anyone downloading or trying to download malware or damaging coding on this site, or who tries to gain unauthorised access to any page on this site, will be prosecuted.
2. Tweak ‘n Style will claim civil damages from Such person if Tweak ‘n Style suffers any damage or loss.
3. You agree and guarantee that the username and password you use to log in is for your personal use only, and will not be passed on to any third party.
4. You allow Tweak ‘n Style to take all steps reasonably possible to ensure the integrity and security of the site and in the administrative office.
5. All credit card transactions on the site are protected by SSL (Secure Socket Layer) encryption and reinforced by various encryption processes with the aim of offering the most effective possible protection of any sensitive information. Tweak ‘n Style has no access to any confidential information regarding your payment method.
6. Only Tweak ‘n Style's banking partner will access confidential information (Such as your credit card number, expiry date, CVV etc.) from time to time.
7. Tweak ‘n Style's registration documents and the registered domain name are verified and underwritten by My Gate.
Indemnity
Tweak ‘n Style is responsible for adhering to the Consumer Protection Act 68 of 2008 ("CPA") with the sale of any products from the site. Similarly, Tweak ‘n Style is responsible for adhering to articles 43(5) and 43(6) of the Electronic Communication and Transactions Act in terms of payment systems and security.
However, neither Tweak ‘n Style nor any of its representatives will be held responsible for any loss or accountability of any kind that arises from the use of (or inability to use) this site, its services or content. Furthermore, Tweak ‘n Style provides no guarantee, implied or otherwise, that the content or technology attached to this website is free or errors or omissions. Nor is there any guarantee whatsoever that service will be 100% uninterrupted or faultless. We encourage you to report any possible malfunctions and errors by emailing support@tweaknstyle.co.za. Otherwise call the call centre at 087 808 4344 (Monday to Friday, 07:00 to 15:00). Although the products on the site may be under guarantee, the site itself is offered on an "as it is" basis and is not set up or delivered according to your individual specifications. It is your responsibility, before accepting these T&C’s, to determine whether the service available through this website satisfies your individual needs and is compatible with your hardware or software. Information, ideas and opinions expressed on this web site should not be regarded as professional advice, or as Tweak ‘n Style's official stance. We encourage you to obtain professional advice before taking any action on the strength of information, ideas or opinions expressed on this site.
Applicable Laws
1. This site is offered, controlled and run from the Republic of South Africa. As Such it is governed by South African legislation, and subject to the disputes clause in these T&C’s.
2. You and Tweak ‘n Style are subject to the non-exclusive jurisdiction of the South African courts. Each and every section of these terms and conditions must be read as individual and separable from the rest of the terms and conditions.
3. Should any court or qualified authority find that any of the terms are invalid or unenforceable, the remainder of the terms and conditions will remain standing, despite invalidity or unenforceability of an individual term.
Privacy
Tweak ‘n Style website visitors, subscribers, registered account holders and shoppers are subject to the overarching Tweak ‘n Style Privacy Policy
Changes to Terms and Conditions
Tweak ‘n Style may, at its own discretion, change these terms and conditions or any part thereof. As indicated in the T&C’s, it is the responsibility of the registered account holder or user to familiarise yourself with the T&C’s before using the site. By registering, or using the site at all, you recognise that you've read, accepted and agreed to be bound by these T&C’s.
Disputes
Barring urgent or interim legal help that may be granted by a court of law: In the event of any disputes of any kind between you and Tweak ‘n Style, arising out of any situation catered for in these terms or conditions (or that arises out of these terms and conditions) and that cannot be resolved by the client service centre, the dispute may be presented for confidential arbitration. Such arbitration will be handled according to the rules stipulated by the Arbitration Foundation of South Africa. These rules can be found here. Legal notice address Tweak ‘n Style elects as address for all purposes regarding these terms and conditions, whether for legal notices or serving of other communication documents of any kind, the following address: RYNARD – may we place your address here ???
An electronic copy is to be sent to support@tweaknstyle.co.za (Such copy must be delivered in conjunction with physical copy for serving to be effected.)
Terms and Discontinuation
These terms and conditions take effect on the date of first publication of the website and continue indeterminately. They may be revised by Tweak ‘n Style from time to time (as described above), for as long as the website continues to exist and be operated. Tweak ‘n Style is entitled to terminate these terms and conditions or close down the website at any time, subject to processing any pending purchases. If you don't meet your obligations regarding these terms and conditions, including any incidents about payment and price or an order, and you neglect to rectify Such non-adherence within 5 working days after Tweak ‘n Style has instructed you to do so, your access to the service will be blocked. We have the right to close your account and deny you access to the site, depending on the severity of your actions. Such action on the part of Tweak ‘n Style will not have any negative effect on any damages Tweak ‘n Style may claim.
Copyright and other intellectual property
Any and all copyright relating to the website, including these terms and conditions, is held by Tweak ‘n Style (and partners). All rights not expressly given are reserved. You may download, view and print content from this site only for private and non-commercial ends. To obtain permission for commercial use of any content from this site, please send an email support@tweaknstyle.co.za, or call the client service line: 087 808 4344 Tweak ‘n Style is unable to edit or screen all content on the site, and will not be held accountable for illegal, libellous or obscene content. We advise you to inform Tweak ‘n Style of any offensive or illegal material. All content, trademarks and data on this website, including but not limited to software, databases, text, graphics, icons, links, private information, designs and agreements, are the property of or under licence of Tweak ‘n Style. As Such they are protected by local and international legislation and agreements.
Electronic communication
When you sign up for a Tweak ‘n Style newsletter, opt into marketing communication, register an account, conclude a purchase, visit the site or send an email to support@tweaknstyle.co.za, you agree to get electronic communication from Tweak ‘n Style.
Links, 'Framing', 'Spiders' and 'Crawlers'
No person, business or website may be linked to any page on this site without prior written permission from Tweak ‘n Style. Such permission can be obtained by sending an email to support@tweaknstyle.co.za or by calling the client service line at 087 808 4344 Links to non-Tweak ‘n Style sites given on this website are provided “voetstoots” and Tweak ‘n Style does not necessarily agree with the content of Such sites, which Tweak ‘n Style is unable to edit or underwrite. No person, business or website may use any technology to glean information from this site without prior written permission from Tweak ‘n Style. Such permission can be obtained by sending an email to support@tweaknstyle.co.za or by calling the client service line at 087 808 4344