GENERAL TERMS AND CONDITIONS

INTRODUCTION

Welcome to the South 25 webshop (the “Site”). This document makes up the house rules, or what is officially called the General Terms and Conditions (the “Terms” for short). The terms are a legally binding contract between you and South 25 (“South 25” or “we”) and apply to all Agreements between you and South 25.

DEFINITIONS

This document sets out your rights and responsibilities when you use www.south25.store, so please read it carefully. By using any of the services here, you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our services. Still with me? Great, read on!

 

You: the natural person who is not acting in the course of his or her profession or for the running of his or her business and has concluded a (Remote) Agreement or wishes to conclude an Agreement respectively with South 25.

 

Product(s): all types of products/items sold or supplied by South 25.

 

Agreement: every arrangement between you and South 25 to supply one or more Products, including all arrangements concluded within the framework of an organised system for remote sales of Products.

OFFER, ORDER AND ACCEPTANCE

All offers for Products made by South 25 via the webstore are subject to the availability of such Product. An offer shall lapse if the Product to which the offer applies has become unavailable in the meantime. If the Product that you have ordered unfortunately runs out of stock after the purchase order has been placed, we will contact you via the email address that has been provided. If you do not respond within 10 business days, South 25 reserves the right to refund your order in full. All refunds will be made in Dollars. You acknowledge and accept the possibility of any deviations in the received amount due to exchange rates in relation to the local currency.

Whilst we attempt to manage stock and cater to the demand as well as possible, Products are limited to the sizes, colors and variants as offered in the webstore. If a particular size, color or variant is not listed in the webstore, it is not, or not currently available for purchase.

On rare occasions, you might find that the Product you receive does not match what you saw online. If that occurs, let us know. We strive to be as accurate as possible. However, we do not warrant that all Product descriptions, images, photographs, pricing and other information are accurate, complete, current, or error-free. In addition, all weights, color and size-dimensions are approximate. Apparent mistakes or apparent errors in the offer do not bind South 25.

In the event of an error in an order confirmation, in processing an order, in delivering a Product or otherwise, we reserve the right to correct any error and revise your order accordingly, or to cancel the order and refund any amount charged. If you receive an order that you believe contains a mistake, we encourage you to contact us right away so that we may correct the error.

By purchasing a Product through the webstore, you warrant South 25 to be 1) at least 18 years old and 2) legally capable of entering into binding agreements.

 

If either is not the case, a parent or guardian has to accept these Terms on its behalf.

A purchase order is accepted by South 25 once it has been confirmed to you by virtue of a confirmation email of the purchase. At that moment the Agreement is formed.

You are aware that South 25 is always entitled to refuse a purchase order without providing further explanation. South 25 will inform you as soon as possible, in the event of such refusal.

All purchase orders should be made via the webstore. Orders cannot be made via other methods, such as email, social media or telephone.

PRICING AND PAYMENT

The prices of South 25 Products are quoted in US Dollar. Prices in your local currency may change due to differences in exchange rates.

Prices exclude VAT as well as delivery costs, which will be automatically added (at the cost shown) to the total amount due when you view the items in your shopping basket and have selected the country of delivery.

 

Prices, VAT, and delivery costs are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a dispatch confirmation.

Local import duties and local taxes may be applicable to Products that are shipped. South 25 has no influence on this. You are responsible for the payment of these local import duties and local taxes, which may be imposed once the Product reaches the final destination. South 25 cannot give you an estimation of these local import duties and local taxes.

Prices and listings in the webstore, in the communications by South 25 and/or the advertisements may be incorrect. South 25 is not liable for, nor bound to incorrect prices or factual errors on the webstore, if this is an evident mistake or error. In the case where the value of the Product is higher than the indicated price, South 25 has the right to reject a purchase order.

The webstore is integrated with PayPal and all orders and purchases will be redirected to the Paypal payment page during checkout. South 25 does not accept other methods of payment. When paying by credit or debit card you confirm that 1) the card is registered on your own name and 2) you are entitled to use the card and 3) you have adequate funds to cover card costs and charges that may be connected to the purchase.

You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason.

LIMITATIONS OF LIABILITY

South 25 shall deliver the Products according to South 25’s best abilities with the care that may be expected of South 25. If an error occurs because you have given South 25 incorrect or incomplete information, South 25 cannot be held liable for the loss that arises from that error.

South 25 can only be held liable for direct loss incurred by you which might have arisen from the Agreement between South 25 and you and only insofar stipulated in these Terms.

With due observance of the provisions stipulated elsewhere in these Terms, South 25 cannot in any case be held liable for damage caused by improper use of the delivered Product(s) or use of the delivered Product(s) for a purpose other than for which it is suitable according to objective criteria.

South 25 is not responsible for any indirect, special, incidental, consequential (such as loss of content, loss of use, loss of time, etc.) or punitive damage, including but not limited to, damaged for personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, caused by a Product defect.

Furthermore, South 25 cannot in any case be held liable for losses due to delay, for losses due to overdue delivery as a consequence of altered circumstances.

South 25 does not accept any liability for materials supplied by South 25’s supplier(s).

South 25 shall not be held liable to you with regarding the use of the Site, the content or the materials contained in or accessed through the Site, including without limitation any damages caused by or resulting from reliance by you on any information obtained from South 25, or any other damages that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failures, theft, destruction, or unauthorised access to South 25 records, programs or services and any direct, special, incidental, consequential, punitive or exemplary damages, including, without limitation, damages for loss of goodwill, lost profits, loss, theft or corruption of user information, or the inability to use the Site or any of their features. The sole remedy for you is to cease use of the Site.

FORCE MAJEURE

In the event of Force Majeure, South 25 has the right to suspend the execution of the Agreement or dissolve the Agreement partially or fully without court intervention and without South 25 being bound to any compensation for damage.

In this matter, Force Majeure is given to mean: every situation due to which you cannot reasonably require South 25 to fulfill the Agreement any longer. Force Majeure always includes: war, threat of war, civil war, riot, flooding, water damage, wilful damage, fire, sit-down strikes, labor strikes, transport difficulties, pandemic, unforeseen technical complications, operational breakdowns at South 25’s facilities or those of South 25’s suppliers, breaches of contract by South 25’s suppliers and government measures including import and export bans and quota systems.

If the delivery is delayed by more than two (2) months due to Force Majeure, both parties may terminate the Agreement without any obligation to pay compensation for damage to the other party.

INTELLECTUAL PROPERTY/TRADEMARK PROTECTION

South 25 owns all intellectual property rights in the website and in the material published on it. These works are protected by copyright laws worldwide.

The intellectual property rights in all text, graphics, user interface, visual interfaces, photographs, trademarks, logos, artwork and content made available to you on or through this website remain the property of South 25 and are protected by copyright laws and treaties around the world. All such rights are reserved by South 25. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this website nor may you use any such content in connection with any business or commercial enterprise.

APPLICABLE LAW AND DISPUTES

All disputes related to the Agreements between you and South 25 to which these Terms apply shall be settled by the competent court in the country (South Africa) in which South 25 has its place of business, to the exclusion of all judicial authorities.

AMENDMENTS AND ADDITIONS TO THESE TERMS

South 25 always has the right to amend and/or add to these Terms.

South 25 may update these terms from time to time. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the services following the changes constitutes your acceptance of the updated Terms.

If any provision in these Terms proves not to be legally valid and/or loses its legal effect, it will not affect the remaining provisions of the Terms and the parties are obliged to arrange a new provision as soon as possible of which the meaning is as close as possible to the “former” meaning.

HOW TO CONTACT US

If you have any questions about our practices on these Terms, please first check the FAQ page. If your question still hasn’t been answered, you can contact the South 25 via the contact form.