Ladies First Terms & Conditions
The following text pertains to the terms and conditions that govern the use of the website, www.LadiesFirst.co.za, its related mobi-sites, and software applications.
The website is owned and operated by Ladies First. By accessing or using this website, you agree to be bound by these terms and conditions, which apply to the ordering, sale, and delivery of goods available for purchase on the website.
Goods include a wide range of products such as clothing, electronics, books, toys, and more. Third-party sellers are allowed to list and sell their goods on the website, and different terms apply to purchases from them.
These terms and conditions are important and contain provisions that limit or create risk or liability for the user. It is your responsibility to understand and accept these terms and conditions before using the website.
Only registered users may order goods on the website, and you must provide a unique username and password to do so. You agree to use your login credentials for personal use only and not disclose them to any third party.
You must be 18 years or older to use the website, and if you are under 18, you must have the involvement and supervision of your parent or legal guardian. You may not use any device or software to interfere with the proper working of the website or distribute material that is defamatory, offensive, or unlawful. You may not display or use the website’s information without the express written consent of an authorised representative of Ladies First.
A returns policy is also in place and is incorporated by reference into these terms and conditions.
The availability of goods and acceptance of orders from registered users is subject to various factors, including the correctness of information relating to the goods, payment or payment authorisation, and the stock availability.
Ladies First or Third Party Seller may accept or reject orders based on these factors. The acceptance of orders will be indicated by delivering or allowing collection of the goods, and only then will an agreement of sale come into effect.
Orders can be cancelled prior to delivery or collection, but returns are subject to the Returns Policy.
The purchase of certain goods for re-sale is not permitted. Placing goods in the shopping basket without completing the purchase cycle does not constitute an order, and availability or price of goods may change without notice.
Ladies First will make reasonable efforts to monitor stock levels and discontinue offers when stock is no longer available, but cannot guarantee availability.
For goods sold by Third Party Sellers, Ladies First bears no liability for inaccuracies in inventory information and disputes should be resolved between the buyer and the relevant Third Party Seller.
We ensure the safety of online payments through secure encryption technology. Depending on availability and eligibility, you can pay for goods sold by Ladies First or a Third Party Seller using various methods such as debit card, credit card, direct bank deposit, electronic funds transfer, Instant EFT. We may require additional information for debit and credit card payments to authorise and verify payment validity, and we reserve the right to withhold delivery until such authorisation is obtained.
Our delivery charges may change at any time without notice, so be sure to check the Help Centre for the latest information. The applicable delivery charges will be displayed in your cart at checkout.
Once Ladies First or the Third Party Seller accepts your order, they will deliver the goods to you as soon as reasonably possible, but no later than 30 days after receiving your payment. If we are unable to deliver the goods during this period, we will notify you.
Ladies First’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address you provided for delivery. Ladies First is not responsible for any loss or unauthorised use of a product after it has been delivered to the address you provided.
We strive to accurately reflect the description, availability, purchase price, and delivery charges of goods on the Website. However, if there are any errors on the Website (not due to our gross negligence), we are not liable for any loss, claim, or expense related to a transaction based on such an error. If you have already paid for a product with an incorrect purchase price, we will refund you for that amount or as set out in the Returns Policy. Ladies First is not bound by any incorrect information regarding our Goods displayed on any third-party websites.
Ladies First will indicate on relevant product pages and checkout pages when third-party sellers are offering goods for sale. In such cases, Ladies First serves as a platform to facilitate transactions between the third-party sellers and Ladies First customers. Ladies First is not the buyer or seller of these goods, unless otherwise specified.
The sale is solely between the registered user and the third-party seller, and Ladies First is not a party to that sale. The third-party seller is responsible for the delivery of the goods and providing an invoice if required. Only registered VAT vendors may charge VAT on goods sold and issue a tax invoice in respect thereof. Ladies First will handle any returns under the CPA or the ECT Act arising from the sale between a registered user and a third-party seller on behalf of the seller, according to Ladies First’s Returns Policy. However, any disputes must be resolved between the registered user and the relevant third-party seller alone.
You will not be granted any ownership or legal rights to the Website or its content. Any use, distribution, or reproduction of the Website’s content is strictly prohibited unless you have obtained explicit authorisation, or it is permitted by law. If any of the content on the Website has been licensed to Ladies First or belongs to a third party, your use of that content is subject to their terms and conditions, which you must comply with.
You assume all risks and responsibilities associated with using the Website and relying on its information. While Ladies First strives to maintain accurate and complete content on the Website, it makes no representations or warranties, express or implied, regarding the quality, timeliness, operation, availability, or accuracy of the Website or its information. Ladies First disclaims any liability for any direct, indirect, or consequential damage, loss, or expense resulting from your access to or use of the Website, except where provided by law.
The Website and all its information are provided “as is,” without any express or implied warranty, including but not limited to warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement.
Ladies First is not responsible for any views or statements made on the Website that are not representative of its views. Additionally, Ladies First does not guarantee that the Website or any files available on it are free from viruses, malware, spyware, or any other destructive materials that may harm your computer system or hardware.
The Website may contain links to Third Party Websites, but Ladies First has no control over their practices or privacy policies. Your use of any Third Party Websites is at your own risk, and Ladies First is not liable for any losses, expenses, claims, or damages resulting from your use of those sites or your reliance on their information.
Ladies First may change any of these Terms and Conditions at any time, and it is your responsibility to check regularly and ensure that you are satisfied with the changes. Your continued use of the website after any changes have been made constitutes acceptance of those changes.
The Website Content, including material, information, data, software, icons, text, graphics, images, sound clips, advertisements, video clips, trade names, logos, trademarks, designs, and service marks displayed on the website, are protected by law, including copyright and trademark law, and are the property of Ladies First, its advertisers, sponsors, or licensors.
Liability Limitations and Availability/Termination
Ladies First cannot be held responsible for any inaccurate information or incorrect prices on the website, unless it is due to their gross negligence or intentional misconduct. If you encounter any issues, please contact Ladies First to report them.
Ladies First is not liable for any direct, indirect, incidental, special, or consequential damages that may result from your use or reliance on the website, inability to use the website, or unlawful activity on the website or any linked third-party websites. By using the website, you agree to indemnify Ladies First against any losses, claims, or damages arising from your use or any linked third-party websites.
Ladies First will make reasonable efforts to keep the website available, except during scheduled maintenance periods, and reserves the right to discontinue or modify the website with or without notice to users. If Ladies First chooses to suspend, modify, or terminate the website, they will not be liable to users except for processing orders made before such changes.
If you fail to comply with the terms and conditions, including payment obligations, Ladies First may suspend or terminate your access to the website, with or without notice, and without prejudice to any claims for damages. Ladies First may blacklist users suspected of fraud or abuse, and refuse to process any orders, or cancel any orders already made. In such cases, Ladies First will only be liable to refund any payments made. You can stop using the website at any time, with or without notice to Ladies First.
Jurisdiction and Governing Law
The laws of the Republic of South Africa shall govern and interpret these Terms and Conditions, as well as any dispute arising from or in connection with them. By continuing to use the Website, you agree to submit to the jurisdiction of the South African courts for all proceedings, transactions, and applications. If a dispute arises between you and Ladies First, you consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Division), even if the amount in question is below the court’s monetary jurisdiction. This clause does not limit your right to approach any court or forum of competent jurisdiction in terms of the CPA.
Ladies First’s legal email address for service of all formal notices and legal processes is email@example.com. You can change your delivery address to your legal address by providing Ladies First with not less than 7 days’ written notice. Notices must be sent in English by hand, prepaid registered post or email. The date of delivery will depend on the method of delivery and emails deemed received on the date indicated in the “Read Receipt” notification.
If you have a complaint about our goods or services, please contact us through our Website or by emailing to firstname.lastname@example.org. If we are unable to resolve your complaint to your satisfaction within 15 business days, you may approach the Consumer Goods and Services Ombud (“CGSO”) for assistance in resolving the complaint. The CGSO’s contact details are available on their website: http://www.cgso.org.za/.
Reviewed: 28 February 2023