Terms & Conditions
If you visit or shop at www.chale.co.za (“the Site”), you accept these conditions. Please read them carefully.
The House of Shawls (hereinafter referred to as the “Company”) is a business in the clothing and textile industry that sells clothing accessories.
The Company may, in its sole discretion, suspend or terminate the operation of the Site at any time without prior notice to you and without the need to give you reasons for such termination or suspension.
We may change the terms of this Agreement from time to time without notice to you. Any amendments will take effect immediately on posting of the amendments on the Site. You shall be deemed to have accepted any changed terms should you continue to use the Site.
Unless otherwise specified, the goods and services offered on this site are intended for citizens of South Africa only. The terms will be governed by and interpreted according to the laws of the South Africa without giving effect to any principles of conflict of law. By you ticking the “I confirm I have read and understand the Terms & Conditions applied to the use of this website”, box forms a legally binding agreement between you and the Company.
Product Pricing & Availability
The products displayed on this Site are subject to availability and will be delivered only within the South Africa, within defined areas as determined by the Company. Should you require an international delivery, please contact us before placing your order to confirm charges and delivery times. All prices displayed on the Site are valid and effective only in South Africa. The Company reserves the right, without prior notice, to discontinue or change pricing or specifications on Products and Services offered on this Site without incurring any liability whatsoever. If for any reason your order cannot be fulfilled owing to lack of stock, you will be advised by e-mail and/or phone and if any payment made by you, the same shall be refunded to you within 10 working days.
Copyright and Intellectual Property Rights
All logos, names and trademarks, which appear on the website are the intellectual property of the Company or are used by the Company under license. The Company will prosecute any violation of intellectual property rights to the fullest extent that the law permits. Reproduction of part or all of the contents in any form is prohibited other than strictly for individual use.
The Company 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/attachment.php?aa_id=3569.
Disclaimers and Exclusions of Liability
You expressly agree that use of the Site is entirely at your own risk. The Site and its contents are provided on an ‘as is’ and ‘as available’ basis and has not been compiled to meet individual requirements. It is your responsibility to satisfy yourself, prior to entering into this Agreement, that the service available from and through this Site meets your requirements, and is compatible with the hardware and/or software used by you.
The Company makes no representations nor gives warranties of any kind, whether express or implied including, without limitation, with respect to the Site, its contents, the accuracy thereof or any warranties or representations regarding the effectiveness of any security or encryption facilities or with regard to the availability of Products and/or delivery arrangements and times. All accessories shown with products for presentation purposes are not included in the price but are available for sale separately.
In the event of delivery delays or out of stock situations we will notify you and we will do our very best to ensure a speedy fulfilment.
Subject to availability, the price you pay for Products will be the price shown on the Site on the date that you pay for such Products.
Special promotions may be subject to certain conditions, including stock availability and limited offer stipulations. Time-based pricing is only available during the times stipulated on the Site.
Payment options accepted
Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the Company bank account, the details of which will be provided on request.
Card acquiring and security
Card transactions will be acquired for the Company via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
Customer details separate from card details
Customer details will be stored by The Company separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za
Merchant Outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR).
Subject to availability and receipt of payment, requests will be processed within 5 working days and delivery confirmed by way of email.
Online orders placed with The Company are delivered by courier companies. We currently only deliver within South African borders. Should you require an international delivery, please contact us before placing your order to confirm charges and delivery times. Couriers deliver directly to your door, so please provide us with a physical address that is normally occupied during office hours. Please note that Couriers will only deliver to a physical address, and not a P.O. Box address. On delivery, couriers require that each and every delivery be signed and endorsed, as proof of delivery. Delivery takes up to seven working days. For remote areas where the delivery is likely to take longer than seven working days, the customer will be informed. All delivery times are only estimates and shall not be guaranteed. We will make every effort to deliver goods within the estimated time frames; however delays are occasionally inevitable due to unforeseen circumstances. We shall be under no liability for any delay or failure to deliver the products within the estimated time scales.
The provision of goods and services by the Company is subject to availability. In cases of unavailability, the Company will refund the client in full within 10 days. Cancellation of orders by the client will attract a 2.5% administration fee.
If you wish to return something that you purchased on the Site because you are not content with what you've purchased, you can do so by sending the selected item back to our online shop, together with your invoice, and your credit card / account will be refunded with the appropriate amount. Please note that in this eventuality, the cost of couriering the product back to our online shop is covered by the purchaser. Returns should be done via courier to our offices and not the post office. The address details are as follows:
Châle | Shop 3A, Hyde Park Corner, Jan Smuts Avenue, Hyde Park, 2196, South Africa
Damaged or incorrect orders
If you wish to return something that you purchased the Site because the item you received is either damaged, or not what you ordered, you can do so by sending an email to email@example.com and request the Company to collect the purchase in question. The Company will send the courier to collect the damaged/incorrect product, at the Company’s own cost, and resend you the faultless/correct product in return.
Prior to delivery of the Products to you, the Company shall be entitled to debit the Credit Card supplied by you on acceptance of your order should you be paying with a Credit Card.
Should you pay for the Products via EFT the Products will only be delivered to you once your payment has cleared in the Company’s bank account, and is reflected as a payment on the Company’s bank statement within 5 working days of the date of the placement of your order.
By submitting an order to buy Products as well as your identity number you:
- represent and warrant that you are over the age of 18 (eighteen);
- represent and warrant that you are authorized to make payment with a Credit Card if you are paying via this mechanism;
- represent and warrant that there are sufficient funds available to pay for the order; and
- consent to us providing your personal information to our third party payment provider, namely Paygate, which is necessary to enable us to perform our obligations in terms of this Agreement. In order to protect our interests as well as yours, the Company may scrutinize transactions to prevent attempted fraud. A transaction may be refused if the Company is not satisfied that it is legitimate.
Agreement of Sale
A sales order will only be deemed as completed once you have completed the purchase cycle and an approved payment/order confirmation is received. We will confirm your purchase order with you via your specified email. By you placing a product into your shopping cart or adding a product to a wish-list does not constitute a sale nor are such products, its price nor its quantities reserved. In the event that you complete the purchase cycle for such products at a later stage the Company cannot be liable should there be any changes of price or availability.
The Company cannot always guarantee availability of stock. If we are unable to supply each and every Product ordered or in the quantities ordered, you nevertheless agree to accept delivery and make payment for the items correctly delivered. Stocks of all goods on offer are limited. The Company shall use its reasonable efforts to discontinue the offer as soon as stock is no longer available.
Under no circumstances will the Company be liable to you for failing to supply Products ordered by you if the shortage of stock or capacity is due to circumstances beyond the Company’s control. In such circumstances the Company will take reasonable steps to inform you of the shortage of stock or capacity as soon as it is practicable to do so.
Confirmation of Orders
Orders placed on the Company Site constitute your offer to purchase Products subject to this Agreement. Your offer is deemed to have been accepted by the Company when payment is received from the issuing bank in the case of payment via Credit Card, or when your payment reflects on the Company’s bank statement in the case of payment via EFT. Failure by the Company to formally confirm or notify acceptance shall not affect the validity of the sale or the enforceability thereof.
Risk and Ownership
Risk in the Products shall pass to you upon delivery of the Products at the delivery address chosen by you. Until payment is received in full for any goods sold, ownership in the Products shall remain with the Company and such Products shall be returned and/or surrendered to the Company following receipt of a default notice from the Company.
Warrantee and return policy
Under no circumstances will we accept returned goods where the consumer has been afforded the opportunity to inspect the goods prior to the purchase or acceptance of a delivery, the goods have been damaged due to the customer’s negligence, the goods have been disassembled, permanently installed, physically altered, used contrary to our or the manufacturer’s instructions and/or have been subjected to misuse or abuse.
We sell goods for domestic purposes only and for the purpose for which they were manufactured. Normal wear and tear will also be excluded. If you want to return alleged defective goods in terms of a warranty, we or the manufacturer will, as per our Return Policy, assess the goods to determine the reason for the defect in the goods.
We will consider and deal with all other returns in terms of applicable law, the manufacturers’ warranty, the terms of the extended warranty and our Return Policy.
As a valued customer, we shall at all times endeavour to provide you with the best customer service and ensure that all your rights in terms of the Consumer Protection Act are protected. In terms of this return policy, we may consider replacing goods purchased with us within 14 days from the date of purchase if such goods are returned in their original condition and packaging, subject to the fact that they have not been misused or abused or damaged due to gross negligence on the part of the customer.
Country of domicile
This website is governed by the laws of South Africa and the Company chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature:
The House of Shawls | Shop 3A, Hyde Park Corner, Jan Smuts Avenue, Hyde Park, 2196, South Africa
The Company may, in its sole discretion, change this agreement or any part thereof at any time without notice.
This website is run by the House of Shawls CC based in South Africa trading as Châle and with registration number 2004/004347/23.
The Company contact details
Company Physical Address:
Shop 3A, Hyde Park Corner, Jan Smuts Avenue, Hyde Park, 2196, South Africa
+27 11 325 6890