PART A: GENERAL
x.1 All rights not expressly stated herein remain reserved.
x.2 The content and software on this website may be used as a shopping resource only. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance of the content of this website is strictly prohibited, without the express written consent of NEW HOPE CLOTHING.
x.3 Limited permission is granted to copy and print in hard copy the material contained on this website. Users may download, view and print content from this website for the purposes of placing an order with NEW HOPE CLOTHING.
x.4 All content, trademarks, service marks, company names, logos and data on this website, including but not limited to, software, databases, text, graphics, video clips, icons, hyperlinks, private information, designs and agreements and other materials provided on www.NEW-HOPE-CLOTHING.com, are the property of, or licensed to NEW HOPE CLOTHING and as such protected by law and have specific copyrights which are owned or controlled by NEW HOPE CLOTHING, its vendors, suppliers and or licensors. As such, they are protected from infringement by local and international legislation and treaties.
x.5 The NEW HOPE CLOTHING name, trademark and other materials as well as other trademarks or materials on this website may not be used in connection with any product or service in any manner that is likely to cause confusion among consumers or in any manner that disparages or discredits NEW HOPE CLOTHING.
x. HYPERLINKS, FRAMING, SPIDERS & CRAWLWERS
x.1 No person, business or website may link to any page on this website without the prior written permission of NEW HOPE CLOTHING.
x.2 No person, business or website may frame this website or any of the pages on this website in any way whatsoever.
x.3 No person, business or website may use any technology to search and gain any information from this website without the prior written permission of NEW HOPE CLOTHING.
x. DISCLAIMER & LIABILITY RELEASE
x.2 Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, No 25 of 2002, neither NEW HOPE CLOTHING nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this website or the services or content provided from and through this website.
x.3 NEW HOPE CLOTHING makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this website are free from errors or omissions or that the service will be 100% uninterrupted and error free. Users are encouraged to report any possible malfunctions and errors to the administrator of the website.
x.4 This website is supplied on an "as is" basis and has not been compiled or supplied to meet the user's individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with NEW HOPE CLOTHING that the service available from and through this website will meet the user's individual requirements and be compatible with the user's hardware and/or software.
x.5 Information, ideas and opinions expressed on this website should not be regarded as professional advice or the official opinion of NEW HOPE CLOTHING and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this website.
x.6 All items purchased from NEW HOPE CLOTHING are made pursuant to agreements with shipping, forwarding, clearing and delivery agents and risk of loss passes from NEW HOPE CLOTHING to such agents upon delivery of any item to such carrier.
x.7 Neither NEW HOPE CLOTHING nor any of its agents or representatives shall be liable for any damage or loss of whatsoever nature arising from the use or inability to use any material, information, service or product sold on this website.
x. AGREEMENTS OF SALE
x.1 The receipt of any e-mail orders does not constitute acceptance of an order or a confirmation of an offer to sell, nor an agreement of purchase and sale between NEW HOPE CLOTHING and the customer.
x.2 An agreement of sale between NEW HOPE CLOTHING and a user only comes into effect if and when:
x.2.1 A deposit of an electronic transfer is reflected in NEW HOPE CLOTHING’ bank account or
x.2.2 A direct deposit is reflected in NEW HOPE CLOTHING’ bank account and the funds have been cleared
x.2.3 and the proof of payment has been sent to firstname.lastname@example.org. The user receives an e-mail confirming the order. The user will receive another e-mail containing a reference number once the order has been processed and dispatched.
x.3 Verification of information may be required prior to the acceptance of any order.
x.4 NEW HOPE CLOTHING reserves the right to, without prior notification, to limit the order quantity of any item and / or refuse service to any user.
x.5 NEW HOPE CLOTHING has a no-refund or exchange policy.
x.6 NEW HOPE CLOTHING also reserves the right to cancel orders in whole or in part as circumstances dictate.
x.7 NEW HOPE CLOTHING shall take all reasonable efforts to maintain correct prices. However, should errors occur and items are offered at incorrect prices, NEW HOPE CLOTHING will not be obliged to sell these items at such incorrect prices.
x.8 In the event that an item is listed at an incorrect price due to typographical error or error in price information received from suppliers, NEW HOPE CLOTHING shall have the right to refuse or cancel any such orders placed for the item listed at the incorrect price.
x.9 NEW HOPE CLOTHING shall have the right to refuse and / or cancel any such orders whether or not the order has been confirmed.
x.10 All NEW HOPE CLOTHING products are only available in South Africa.
x.11 All NEW HOPE CLOTHING products on www.NEW-HOPE-CLOTHING.com are only mock-ups of the actual products. Actual print and shirt size and print colours and finish may vary slightly.
x. SPECIAL OFFERS
x.1 NEW HOPE CLOTHING shall not be liable for the sale of items at lower prices if such prices were increased and users could not, for any reason whatsoever, conclude an agreement of sale while such prices remained low or were offered on special.
x. STOCK AVAILABILITY
x.1 Stocks of all items on offer are limited. NEW HOPE CLOTHING shall take all reasonable efforts to discontinue the offer as soon as stock is no longer available. However, should items still be offered after stocks are sold, NEW HOPE CLOTHING will only be liable to refund monies if it is unable to fulfil the orders at the advertised price.
PART B: PURCHASE AND SALE POLICY
The price of each item is displayed with the item. In the event of a sale or special offer, the discounted price is displayed.
x.2 Shipping Costs
The user will be liable for any shipping, clearing, forwarding or delivery charges at the rate quoted for at the time that the sale agreement is entered into as displayed on the website.
x. PAYMENT METHODS
x.1 Note that to protect its own and the interests of users, NEW HOPE CLOTHING scrutinizes all transactions very carefully to prevent attempted fraud and a transaction may be refused if NEW HOPE CLOTHING is not satisfied with its legitimacy.
x.2 Bank deposit payments
x.2.1 Only EFT payments or Direct Deposit will be accepted. Instructions will be given on how to deposit monies into the NEW HOPE CLOTHING bank account and will be subject to the following rules:
x.2.2 The exact amount must be paid
x.2.3 The payment must be identified by supplying the order number and surname in the reference section of the deposit slip or on the electronic transfer.
x.2.4 No transfers may be made from ATM's.
x.2.5 No bank deposits are accepted from outside the borders of South Africa.
x.1 South Africa
x.1.1 Allow up to 15 working days for deliveries. Should this differ due to whatever reason the customer will be notified at the time of packaging. JHB and PTA orders will make use of Door-to-Door delivery. Any orders outside these areas will be delivered by Registered Post.
x.2 Delays and cancellations
x.2.1 NEW HOPE CLOTHING makes every effort to ensure that the information supplied on the website is accurate. Where delays and out of stock situations occur, every effort will be made to inform the user.
x.RETURNS AND EXCHANGES
x.1 NEW HOPE CLOTHING has a no-refund, returns or exchange policy.
x.1 Any person that delivers or attempts to deliver any damaging code to this website or attempts to gain unauthorised access to any page on this website shall be criminally prosecuted and civil damages shall be claimed in the event that NEW HOPE CLOTHING suffers any damage or loss.
x. CHANGES TO AGREEMENT
NEW HOPE CLOTHING may, in its sole discretion, change this agreement or any part thereof at any time without notice. Any such changes will be published on the website.
x. TERM AND TERMINATION
This agreement shall commence when the user, visits www.NEW-HOPE-CLOTHING.com
PART C: COMPLIANCE WITH ECT ACT 25 OF 2002
x. ELECTRONIC COMMUNICATIONS
x.1 When a user visits www.NEW-HOPE-CLOTHING.com or sends e-mails to NEW HOPE CLOTHING, that user consents to receiving communications from NEW HOPE CLOTHING electronically and agrees that all agreements, notices, disclosures and other communications sent by NEW HOPE CLOTHING satisfies any legal requirements, including but not limited, to the requirement that such communications should be "in writing".
x.2 A COPY OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTION ACT, 25 OF 2002 MAY BE DOWNLOADED FROM: http://www.polity.org.za/pdf/ElectronicCommunications.pdf
x. GENERAL INFORMATION
COMPANY NAME: NEW HOPE CLOTHING
ADDRESS: Villa Mignon 55, 242 Glover lane, Centurion, 0157, Gauteng, South Africa
CONTACT NUMBERS: +2772 435 7793
E-MAIL ADDRESS: email@example.com
WEBSITE ADDRESS: www.NEW-HOPE-CLOTHING.com
MANAGING MEMBER: Jéan Lombard
x.1 In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this agreement, and not resolved through NEW HOPE CLOTHING Customer Care, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. Arbitration proceedings shall be conducted in Johannesburg in English. The arbitration rules may be downloaded from: http://www.arbitration.co.za/Pages/docs/expedited_rules.pdf.
x.1 NEW HOPE CLOTHING shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (“PAIA”). The PAIA may be downloaded from: http://www.polity.org.za/html/govdocs/legislation/2000/act2.pdf
x.2 NEW HOPE CLOTHING may electronically collect, store and use the following personal information of users:
x.2.1 name and surname
x.2.7 Postal Code
x.2.8 Phone Number
x.2.7 e-mail address and
x.3 NEW HOPE CLOTHING collects, stores and uses the abovementioned information for the following purposes:
x.3.1 subject to the user's consent, inform the user about competitions and special offers from www.NEW-HOPE-CLOTHING.com and/or its partners / affiliates
x.3.3 to compile non-personal statistical information about browsing habits, click-patterns and access to www.NEW-HOPE-CLOTHING.com website.
x.4 Information detailed above is provided voluntarily by the user in the product order form.
x.5 NEW HOPE CLOTHING owns and retains all rights to non-personal statistical information collected and compiled by NEW HOPE CLOTHING.