1. ACCEPTANCE OF TERMS AND CONDITIONS 

1. By using this website (“Website”), you agree to comply with and be bound by these terms and conditions (“Terms and Conditions”), which govern the ordering, sale and delivery of goods which may include but is not limited to apparel (“Goods”), and the use of the Website. If you do not agree with these Terms and Conditions, please do not use this Website. 

1. These Terms and Conditions may be updated from time to time. It is your responsibility to review the Terms and Conditions regularly. 

 

1. DEFINITIONS 

1. “we”, “us”, “our”, “Ozow” refers to the company operating this Website. 

1. “you” “your”, “user” refers to the user that accesses or uses this Website. 

 

1. IMPORTANT NOTICE 

1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”). 

1. These Terms and Conditions contain provisions that:  

1. may limit the risk or liability of Ozow; and/or 

1. may create risk or liability for the user; and/or 

1. may compel the user to indemnify Ozow; and/or 

1. serves as an acknowledgment, by the user, of a fact. 

1. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Ozow to explain it to you before you accept the Terms and Conditions or continue using the Website. 

1. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Ozow in terms of the CPA. 

 

1. ORDERS AND SALES  

• Use of the Website  

1. By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions. 

1. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein. 

1. You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful. 

1. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Company representative. 

• Conclusion of Sales and availability of stock 

1. You may place orders for Goods, which Ozow may accept or reject. Whether or not Ozow 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 authorisation by Ozow for the Goods, at Ozow’s reasonable discretion. 

1. Ozow 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 Ozow come into effect (the “Sale”). This is regardless of any communication from Ozow stating that your order or payment has been confirmed. Ozow will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid. 

1. Orders may not be cancelled after receipt of payment of the Goods by Ozow. After dispatch of your Goods, you may cancel the Sale only in accordance with the Returns Policy. 

1. 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 Ozow liable if such Goods are not available when you complete or attempt to complete the purchase cycle at a later stage. 

1. You acknowledge that stock of all Goods on offer is limited. We cannot guarantee the availability of stock. When Goods are no longer available after placing an order, Ozow will notify you and you will be entitled to a refund of the amount paid by you for such Goods. 

• Payment 

1. Payment must be made for Goods via Ozow’s payment platform. 

• Delivery of goods 

1. Ozow offers one method of delivery of Goods to you, which is via courier. 

1. 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 will be provided to you.  

1. Where it accepts your order, Ozow will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) 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 refund you for the purchase price. 

• Errors 

1. We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website, we shall not be liable for any loss, claim or expense relating to a transaction based on any error, to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy. 

• Site Promotions 

1. From time to time Ozow may run promotions. These promotions will either be on selected Goods or site wide. For each promotion there will be specific terms and conditions. Promotions may require the users to apply the stated promo-code to their cart during the check-out process. 

 

1. PRIVACY POLICY  

1. We respect your privacy and will take all reasonable measures to protect it, as more fully detailed in our Privacy Policy, which is incorporated by reference. 

 

1. GENERAL LEGAL TERMS 

• Changes to these terms and conditions 

1.  Ozow 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. 

1. 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. 

• Electronic communications 

1. When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with our Privacy Policy as set out above. 

• Ownership and copyright 

1. The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Ozow, its advertisers and/or sponsors and/or is licensed to Ozow. 

1. You will not acquire any right, title or interest in or to the Website or the Website Content. 

1. Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law.  

1. Where any of the Website Content has been licensed to Ozow or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions. 

• Disclaimer 

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. 

1. Whilst Ozow takes reasonable measures to ensure that the content of the Website is accurate and complete, Ozow 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. 

1. Ozow 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. 

1. 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. 

1. Any views or statements made or expressed on the Website are not necessarily the views of Ozow, its directors, employees and/or agents. 

1. In addition to the disclaimers contained elsewhere in these Terms and Conditions, Ozow 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 is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise 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 is able to corrupt, compromise, jeopardise, 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 Ozow, its employees, agents or authorised representatives. Ozow 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. 

• Linked third party websites 

1. This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and Ozow is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use. 

1. Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon. 

• Limitation of liability 

1. Ozow 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 Ozow, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to [email protected] or by contacting 011 054 4744. 

1. OZOW 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. 

1. YOU HEREBY INDEMNIFY OZOW 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. 

• Availability and termination 

1. We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserve the right to discontinue providing the Website or any part thereof with or without notice to you. 

1. Ozow may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Ozow will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time and to the extent possible. 

1. If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, and you fail to remedy such failure within 7 (seven) days of notice to you by us, this may (in our sole discretion) lead to a suspension of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you 

• Governing law and jurisdiction 

1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions. 

1. In the event of any dispute arising between you and Ozow, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court. 

1. Nothing in this clause or the Terms and Conditions limit your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA. 

• Notices 

1. Ozow hereby selects 10th Floor, Portside Building, 5 Buitengracht Street, Western Cape, Cape Town, South Africa, 8001 as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“nominated address”). Ozow may change this address from time to time by updating these Terms and Conditions. 

1. You hereby select the address specified on the Goods order form as your nominated address, but you may change it to any other physical address by giving Ozow not less than 7 days’ notice in writing. To the extent that Ozow has already commenced the process of delivery of the Goods to your nominated address before it has received notice of the change of your address, you understand that there may be additional delivery costs that you must incur to receive your Goods. 

1. Notices must be sent either by hand,  or email and must be in English. All notices sent – 

1.  by hand will be deemed to have been received on the date of delivery; 

and 

1. by email will be deemed to have been on the date that the email was transmitted.  

• General 

1. Ozow 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. 

1. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party. 

1. Any failure on the part of you or Ozow to enforce any right in terms hereof shall not constitute a waiver of that right. 

1. If any term or condition contained herein is declared invalid, the remaining Terms and Conditions will remain in full force and effect. 

1. 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. 

1. 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. 

1. These Terms and Conditions contain the whole agreement between you and Ozow and no other warranty or undertaking is valid, unless contained in this document between the parties. 

RETURNS POLICY 

We want you to be happy with your purchase. If you are not completely satisfied, you can return the Goods to us and we will either repair / replace it, subject to the terms below. This policy applies to Goods bought from Ozow.  

This policy forms part of the Ozow Terms and Conditions and words defined in the Terms and Conditions have the same meaning in this policy unless the context indicates otherwise. Nothing in this policy is intended to limit your statutory rights in any way. 

If you are returning Goods under one of the circumstances below, you are required to log a return within 7 days of date of delivery of the Goods.  

• Want to exchange? 

Fashion and footwear Goods can be exchanged for a different size provided that such variation is available and in stock, and is available at the same price as the Goods originally purchased. In such a case, we will collect the Goods from you and deliver the requested Goods to you, and there may be additional shipping fees which we will communicate to you before processing the order. If such variation is not immediately available, we will refund you within 30 days of you logging the return.  

We reserve the right to inspect the Goods to validate your return.  

• Not what you ordered? 

If we accidentally deliver the wrong Goods to you or if the Goods are not as described on the Website (or if it is missing any accessories), please notify us and we will collect the Goods from you, and there may be additional shipping fees which we will communicate to you before processing the order. Once we have inspected the Goods and validated your return, we will, at your choice, deliver the correct Goods to you as soon as possible (if the correct Goods are available); or refund you. Refunds are normally handled within 30 days of logging the return (bear in mind that refunds can take 10 working days to reflect in your account). 

2. Goods not eligible for returns

The following Goods are not eligible for a refund or exchange: 

• electronic vouchers; 
• intimates, lingerie, swimwear, bodysuits or underwear; 
• jewelry for piercings; 
• a beauty product or fragrance which has been used; 
• foodstuff, beverages or other items intended for everyday consumption; or 
• Goods which have been personalised for you or made to your specifications, unless defective. 

3. Goods damaged on delivery

Should Goods be damaged at the time of delivery, please notify us at [email protected] or by contacting 011 054 4744.  

We will arrange to collect the Goods from you at no charge. Once we have inspected the Goods and validated your return, we will refund you. Refunds are normally handled within 30 days of logging the return (bear in mind that refunds can take 10 working days to reflect in your account).  

 4. Defective Goods  

We do our best to ensure that the Goods we deliver to you are of a high quality and without defects.  

What is a defect? A defect is a material imperfection in the manufacture of Goods or any characteristic of Goods, which makes the Goods less acceptable than one would reasonably be entitled to expect in the circumstances.  

The following will NOT be regarded as defects and will not entitle you to a return under this section 4:  

• faults resulting from normal wear and tear; 
• damage arising from negligence, user abuse or incorrect usage of the Goods; 
• damage arising from electrical surges or sea air corrosion; 

• damage arising from a failure to adequately care for the Goods; 
• damage arising from unauthorised alterations to the Goods; and 
• where the specifications of Goods, although accurately described on the Website and generally fit for its intended purpose, do not suit you. 

6. Charges

If you return defective Goods to us, but you fail to return all of the accessories that were sold with those Goods we are entitled (subject to applicable law) to refuse the return, only to replace the item that you did return, or to estimate the value of the missing accessories and only to refund you in respect of the returned item. Refunds are normally handled within 30 days of logging the return (bear in mind that refunds can take 10 working days to reflect in your account). 

If you return items to us by mistake and you want these returned to you, you may be liable to reimburse Ozow for the cost of having the Goods returned to you. 

If you return Goods that do not comply with this Returns Policy, you may be liable to reimburse Ozow for the cost of collecting the Goods from you and the cost of having the Goods returned to you.