TERMS AND CONDITIONS OF USE
- WHO WE ARE AND HOW TO CONTACT US
www.ttrg.co.za is a site operated by D&S Distribution (Pty) Ltd (the “Company”, “we”, “us”, “our”). We are registered in the Republic of South Africa and located in Johannesburg.
To contact us, please use the following email address: hello@ttrgfashion.com.
- BY USING OUR SITE YOU ACCEPT THESE TERMS
Your use of this website and purchase of any products from this website is at all times subject to these Terms of Use. By accessing and using our website you agree and accept in full our Terms and Conditions of Use set out below. If you do not agree to these Terms and Conditions of Use, you must exit our website immediately.
Other terms may apply to your usage of this website. Please familiarize yourself with the remaining terms we provide in our website.
If you purchase goods from our site, our Online Shopping Terms and Conditions will apply to the sales.
- CHANGES TO THESE TERMS
We amend our Terms and Conditions of Use from time to time. Any changes we make in the future will be posted on this page. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
- WE MAY SUSPEND OR WITHDRAW OUR SITE
We may suspend or withdraw or restrict the availability of all or any part of our site.
You are responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
We reserve the right to restrict access to certain areas of this website, or indeed this entire website, at our discretion.
- YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE
If D&S Distribution (PTY) Ltd provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
We may disable your user ID and password at our sole discretion without notice or explanation.
If you know or suspect that anyone other than you knows your user ID or password, you must promptly notify us at hello@ttrg.co.za. We also recommend you contact your bank.
- HOW YOU MAY USE MATERIAL ON OUR SITE
We are the owner or the licensee of all intellectual property rights in our site, and the material published on it. Those works are protected by international and domestic copyright laws and treaties. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others to content posted on our site, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You must not republish material from this website (including republication on another website) nor re-distribute material from this website [except for content specifically and expressly made available for redistribution.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.
You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us.
If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our request, return or destroy any copies of the materials you have made. We may take further action as necessary and reserve all our rights.
- USER CONTENT
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant D&S Distribution (PTY) Ltd a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant us the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or D&S Distribution (PTY) Ltd or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
We reserve the right to edit or remove any material submitted to this website, or stored on its servers, or hosted or published upon this website, without notice.
Notwithstanding D&S Distribution (PTY) Ltd rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, this website.
- NO WARRANTIES
This website is provided “as is” without any representations or warranties, expressed or implied. We make no representations or warranties in relation to this website or the information and materials provided on this website.
- WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO
Where our site may contain links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
- OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
Limitations of liability
D&S Distribution (PTY) Ltd will not be liable to you (whether under the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
We are not responsible for:
- Any security errors that may occur, nor damages that may be caused to the user’s system (hardware and software) nor to files or documents stored in the mentioned above, as consequence of any virus, malicious or harmful programs in its contents.
- The illicit, negligent and fraudulent use opposed to the current Terms and Conditions;
- The non-fulfilment by third parties of its obligations or commitments regarding the services rendered to the user through the website.
- Delays in the delivery of orders and/or requests, or the impossibility of performing them when the cause is due to a force majeure situation, and, as such, out of our control. Some of these situations can be, but are not limited to: strikes, accidents, errors on the address by the user, natural disasters.
Also, D&S is not responsible in any case for the usage any user makes of this website or its services, nor the damages or losses that may be derived from it. The said responsibility is extended to the user or any third party, passwords and similar assigned to access the website, as well as its services.
The user commits to use this website only for viewing purposes and/or purchasing of goods.
- EXCEPTIONS
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.
- INDEMNITY AND RESPONSIBILITY
You hereby indemnify D&S Distribution (PTY) Ltd and undertake to keep D&S Distribution (PTY) Ltd indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses) arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
- OTHER PARTIES
You accept that, as a limited liability entity, D&S Distribution (PTY) Ltd has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the preceding paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect D&S Distribution (PTY) Ltd officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as D&S Distribution (PTY) Ltd.
- WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. We will co-operate with the relevant law enforcement authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without D&S Distribution (PTY) Ltd express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without D&S Distribution (PTY) Ltd express written consent.
- ASSIGNMENT
We may transfer, sub-contract or otherwise deal with D&S Distribution (PTY) Ltd rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
- SEVERABILITY
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
- BREACH
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
- LAW AND JURISDICTION
These Terms and Conditions of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by South African law. You and we both agree to the exclusive jurisdiction of the courts of South Africa.
ONLINE SHOPPING TERMS AND CONDITIONS
The use of our Services may be subject to additional Terms and Conditions which apply to online purchases. Please familiarize yourself with our other policies as they may apply to online purchases (such as our Exchanges and Returns policy).
If you have any questions regarding our Services, the Online Shopping Terms, products or services, please contact us on hello@ttrg.co.za.
19. LEGALLY BINDING CONTRACT
All users and account holders, including those that buy from the site (“buyers”) are bound by these terms and conditions (“T&Cs”). By registering, or using the site at all, you recognise that you’ve read, accepted and agreed to be bound by these T&Cs.
Should there be any clause in these T&Cs that you do not understand, the onus is yours to ask us to explain the relevant clause to you before you accept the T&Cs by using or buying from the site.
We reserve the right to change the present Terms and Conditions at any moment.
20. ONLINE REGISTRATION
You are required to register with us before placing your first order online. Registration and/or use of our online shopping services constitutes your acceptance and agreement to be bound by these and the General Terms of our Services.
To register you will be required to provide certain personal information including personal and payment card details, as well as an email address and password. Please keep your personal information secure. We accept no liability for any damages suffered or losses incurred from the unauthorised use of your personal information. You will be required to enter your email address and password each time you visit our online shopping site. To amend any of your details, please go to “My Account”.
21. PRODUCT SALES AND AVAILABILITY
All products displayed on our website and mobi site are subject to availability.
We reserve the right to discontinue or change the specifications of our products and services from time to time without notice. We will inform you as soon as possible if any products or services ordered by you are not available.
We reserve the right to change prices, articles, offers and other commercial conditions without warning.
Please note that the stock of all items on offer is limited. We will make all reasonable attempts to ensure that special offers are brought to an end when stock runs out. If it happens that we are unable to fulfil any order at the advertised price due to stock availability constraints, we will inform you and agree on a replacement.
22. COLORS
We have made every effort to display as accurately as possible the colours of the products that appear on our website and mobi site. However, as the actual colours you see will depend on the device that you use to access our website and mobi site, we cannot warrant that the display of any colour will be accurate.
23. CONTENT ERRORS
We regret that no order will be accepted if we identify a material error in the description of any of our goods or services or their prices on our website and mobi site.
Packaging may vary from that shown on our website and mobi site.
24. PRICING AND SHIPPING
You will be charged the prices that are reflected on our website and mobi site, subject to availability and delivery address. Prices and promotions may vary depending on whether you have access to our Services via our website and mobi site.
The prices exclude Value-Added Tax (if applicable).
Special promotions may be subject to certain conditions, including stock availability and limited offer stipulations.
A delivery fee will be charged for each order you place. Please note that we are not responsible for any shipping deliveries that may be affected by customs, natural occurrences, transfers in between carriers, transportation strikes or delays, nor any extra fees, customs or back end charges once the package has exited to your country.
Custom duties and fees may be applied depending on the regulations of the country of destination of the goods. please contact your local customs office for more information.
25. PAYMENT
When you place your order, funds equal to the total value of your order will be reserved against the card/payment option you are paying with during the checkout process.
By submitting your order, identity number and payment card details, you warrant that you are authorised to make payment with the payment card/option chosen and that there are sufficient funds available to pay for the order.
PAYING BY PAYPAL AND CREDIT CARD
We accept payments made by Paypal, Visa and MasterCard Credit Cards as well as debit cards that have been activated for online purchases.
26. STOCK AVAILABILITY
We cannot always guarantee stock availability and will deliver a substitute product, if possible, where you have authorised us to do so. If we are unable to supply certain items or quantities ordered, you nevertheless agree to accept delivery and make payment for the items delivered.
27. CONFIRMATION OF ORDERS
Your offer is deemed to be accepted when you receive an order confirmation.
28. CANCELLING AND ENDING ORDERS
If for any reason you would like to cancel an order this may be done by emailing us on hello@ttrgfashion.com. You will only be able to cancel orders until 24h after your payment was made. We may debit your payment card for the delivery fees in respect of any late cancellations. If you cancel your payment for any reason or if your payment card should cease to be valid for whatever reason, you will remain liable for the full purchase price, including all related costs.
We reserve the right to cancel any sale and/or your registration in the event of a breach of any of these or the General Terms.
We reserve the right to refuse processing of payment for any order and/or to cancel any purchase, partially or completely, with notice being given to you. We will be liable for reimbursing you the rand value paid only if you have already paid for the cancelled order.
29. FRAUD
We reserve 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.
We may request documentation to complete the necessary fraud checks and cancel any order where the necessary documentation is not provided in a timely manner.
In the event of a fraudulent purchase being placed with us, cardholders will be. We do not process refunds for orders suspected of fraud.
30. DELIVERY
Deliveries are made Monday to Friday.
You or your authorised representative will be asked to sign a duplicate copy of the delivery note to confirm receipt. For verification purposes, the person accepting delivery at the delivery address may be required to produce a form of identification. Any person other than yourself who receives the products at the delivery address is presumed to be authorised to accept delivery on your behalf.
Should no-one be in attendance at the time of delivery, the Courier will keep the products. The Courier will try to contact you to make new arrangements for delivery. We reserve the right to charge an additional delivery fee should it be required. Our liability for any delay in delivery is limited to re-delivery at a later agreed time at no additional charge.
We have outsourced all deliveries to third party service providers. Accordingly, we cannot, to the extent permitted by law, be liable for any loss or damage caused by them.
Delivery is only made using a door-to-door option.
Risk in the products shall pass to you or your authorised representative on delivery.
We will retain ownership of the products until payment is received in full.
31. DELIVERY TIME
We process orders within 1- 7 business days following payment approval, in the order they are received. Delivery should then happen within 5-10 working days, save any exceptional circumstance.
We do not deliver to PO Box addresses.
32. RETURNS AND REFUNDS
Please refer to our Exchange and Returns policy for more information.
33. DISCOUNT VOUCHERS AND COUPONS
We may release printed or digital discount vouchers/coupons (“voucher”) from time to time. Such vouchers may be presented through the website and/or from third-party websites, in magazines and other media, and/or delivered with the goods ordered.
Vouchers can be used for discounts on the site only as long as the voucher is valid. Given expiry dates cannot be moved.
Promotion vouchers cannot:
- Be used to buy other vouchers
- Be exchanged for cash
- Be transferred to anyone else
- Be used after the expiry date which is 30 days from date of issue, unless otherwise indicated on the voucher
- Be used together with any other promotion, including against sales/ clearance items that have already been discounted or are on special offer.