Online Store Terms and Conditions
GANT: ONLINE STORE TERMS AND CONDITIONS
Hampton Sportswear Proprietary Limited (authorised licensee of Gant® products and the Gant® trademark) (“Gant®”/“we”/“our”), a wholly owned subsidiary of AVI Limited, and its directors, employees and appointed agents shall not be responsible and disclaims all liability for any loss, damage (whether direct, indirect, special or consequential) and/or expense of any nature whatsoever, which may be suffered as a result of or which may be attributable, directly or indirectly, to the use of, or reliance upon any information, links or service provided through this website.
Your use of this website will be deemed acceptance of these terms and conditions, as well as our privacy policy published on the website. If you do not accept these terms and conditions or the privacy policy, please immediately desist from accessing the site. We reserve the right to vary or amend these terms and conditions from time to time.
Gant® does not guarantee the completeness or accuracy of the information and all the information appearing on this website is provided without a representation or warranty whatsoever, whether express or implied.
1. CONTRACT
1.1. These terms and conditions (“Contract”) apply to all items (“Items”) purchased via za.gant.com (“Website”) from Gant®.
1.2. The references to “Customer” and “You” refer to you being the individual person or juristic person who the items are marketed or supplied to by Gant®. You need to be 18 years or older to enter into this Contract or You must be assisted by Your legal guardian.
1.3. This Contract will apply to any Items bought via the Website and it will come into effect between You and Gant® when –
1.3.1. We have received Your order via the Website (“Order”);
1.3.2. We have received Your payment for the Items; and
1.3.3. We have accepted the Order by confirming Your Order and issuing You with an order confirmation (“Order Confirmation”) via email.
1.4. Once the above requirements have been met, there is a legally binding contract between You and Gant®.
1.5. Please note that placing Your Order does not mean an acceptance of Your Order, it must first be confirmed by Gant®. All Orders are subject to availability of stock and receipt of payment.
1.6. The current Contract in place at the time of the Order will be the Contract applicable to Your Order.
2. PRICES, SALES AND AVAILABILITY OF ITEMS
2.1. The prices of the Items are as displayed on the Website at the time of the Order, quoted in South African Rands and are inclusive of Value Added Tax (“VAT”). These prices exclude delivery charges. The amount to be paid for the Items and the delivery charges will be displayed on the Website when You Checkout and select Pay.
2.2. The images of the Items on the Website are for illustrative purposes only and may differ from the actual Items. We have made every effort to display as accurately as possible the colours of the Items that appear on our Website. However, as the actual colours You see will depend on the device that You use to access our Website, we cannot warrant that Your device’s display of any colour will be accurate.
2.3. The Items are subject to availability of stock. Items that are out of stock will be displayed along with an “out of stock” message on the Website, or in the instance that only certain sizes are unavailable, those sizes will not be capable of selection. You will be asked if you would like to be notified once the item comes back into stock. If on receipt of the Order, the Items that You have ordered are not available in stock, Gant® will inform You as soon as possible.
2.4. We will take all reasonable steps to monitor stock levels to try and ensure that where stock is no longer available, availability on the Website is updated accordingly. However, we cannot and do not guarantee stock availability. If we are unable to supply certain Goods forming part of an Order, You nevertheless agree to accept delivery and make payment for the other Goods delivered.
2.5. Gant® reserves the right to:
2.5.1. change the prices of the Items on the Website from time to time without prior notice. While We will do our best to ensure the accuracy of the prices displayed, Gant® will not honour or be liable for prices that are obviously incorrect. In this instance We will contact You to confirm whether You would still like to Order the Item at the correct price;
2.5.2. limit the number of units of an Item that can be purchased per customer;
2.5.3. suspend or terminate Orders where we suspect that Items are purchased for re-sale; and
2.5.4. discontinue or change the specifications of our Items from time to time without notice. We will inform You as soon as possible if any Items ordered by You are not available or if we are required to terminate your Order.
3. PAYMENT OPTIONS
3.1. At Checkout, You will have the option to pay using your Debit / Credit Card, via our payment service provider PAYU. Please see PAYU’s terms and conditions at https://southafrica.payu.com/legal/.
3.2. By making payment at Checkout, You warrant that You are fully authorised to use the Debit Card/Credit Card supplied for purposes of paying for the Goods, and that your Debit Card/Credit Card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website.
4. DELIVERY
4.1. Once You have completed the Checkout and your payment has cleared, we will dispatch Your Order for delivery to you. Dispatch times may vary according to availability and we do not take any responsibility for delays in dispatch and delivery.
4.2. Orders equal to or above R1000 incl. VAT at Checkout (after any applicable discounts and/or promotions) will qualify for free delivery. This amount is subject to change from time to time.
4.3. If You are a member of Gant® Club, you will also qualify for free standard delivery.
4.4. Delivery will be made to Your selected physical / shipping address by our courier partner. There may be various shipping options available at Checkout, which may have different delivery lead times. Gant® will not be liable for any loss occasioned by any reasonable delays in the dispatch or delivery of Your Order.
4.5. Your delivery will be subject to the courier’s terms and conditions which can be accessed at https://pargo.co.za/terms-and-conditions/. In particular, should You elect to collect your Order from one of Pargo’s pick-up points as your Delivery option, You must collect the package from the chosen pick-up point within 8 (eight) days of the first notification from the courier that Your package is ready for collection. Should You fail to collect your package within this period, we may elect to cancel Your Order and refund Your payment to you, less the delivery charges already incurred.
4.6. The courier may implement certain identification protocols in order for You to accept delivery of Your Order – these protocols will be communicated to You by the courier via Your nominated cell number or email address. Should You fail or refuse to produce the required identity documentation to the courier, the courier may refuse to complete the delivery.
5.1. Please refer to our Returns Policy for more information about returns, exchanges and refunds. The Returns Policy is incorporated by reference into (which means that it forms part of) this Contract.
5.2. Online Orders purchased on this Website (and which are eligible for return or exchange in terms of the Returns Policy) may be returned by way of courier or at any Gant® physical store.
5.3. In addition to Your rights of return set out in our Returns Policy, the Electronic Communications and Transactions Act 25 of 2002 entitles You to a ‘cooling-off period’ of 7 (seven) days from the Delivery of Your Order, within which period You may cancel Your Order (without reason) and return the Items to Us for a full refund. The cost of returning the Order is for Your own account, unless you are a Gant® Club member.
5.4. In order to exercise the ‘cooling-off period’ described in clause 5.2 above, the Items that you wish to return must be in a new and completely unused condition, and in its original, complete and undamaged packaging.
5.5. The right to return in terms of the ‘cooling-off period’ does not apply to any items which “by reason of their nature cannot be returned”, including but not limited to:
5.5.1. intimates, swimwear or underwear;
5.5.2. products which have been personalised; and
5.5.3. fragrances that have been opened and/or used.
6. DISCOUNTED OR PROMOTIONAL PERIODS
6.1. Whilst we make every effort to provide you with an offering that covers all our styles during a sale or/or discounted and/or promotional period, we cannot guarantee that all sizes and styles on offer will be available on the Website at the time of purchase.
6.2. Promotions are valid for the period indicated on the promotional material and will only be available whilst stock lasts.
6.3. Promotions in store and online may vary.
6.4. Promotions only apply to specially marked items unless indicated otherwise on the Website or in the promotional material.
6.5. The specific terms of Promotions are set out in the promotional material on the Website.
6.6. Promotions are applicable to the marked prices of the applicable items only. Promotions do not apply to merchandise that has already been discounted or is subject to another Promotion. Promotions are not applicable in conjunction with any other special offer, Promotion, discount, or voucher.
6.7. The purchase price of merchandise purchased on Promotion will be the amount actually paid for the merchandise, being the discounted price as per the discounted value set out on the invoice.
6.8. The benefit of a Promotion cannot be exchanged for cash or for vouchers of any kind whatsoever.
6.9. Gant® reserves the right to extend, reasonably shorten, suspend the time period of a Promotion and/or terminate a Promotion whenever it should so choose for technical, commercial or operational reasons, or for reasons beyond its control or generally for any reason whatsoever within their sole discretion. Any rules relating to a Promotion, and/or these terms and/or conditions, may be amended by Gant®, at any time and will be applied and interpreted within Gant's® sole discretion. In such an event, all customers participating in a Promotion (“Participants”) waive any rights that they may have and/or purport to have in terms of such Promotion, to the extent permitted by law, and acknowledge that they will have no recourse against Gant® whatsoever.
Please pay specific attention to the following terms! Please note that these terms require you to take on liability, limit the liability or indemnify Gant®. Please read them carefully and ask if you have any questions!
6.10. To the extent permitted by law, Gant® will not be liable for any defects and/or errors in a Promotion or any losses caused by such defects and/or errors or losses arising from incorrect or inaccurate information supplied by Participants.
6.11. To the extent permitted by law, all Participants indemnify Gant®, their associated, holding and subsidiary companies and its directors, officers and employees, against any and all claims for any loss or damages, whether direct, indirect, consequential or otherwise, arising from any cause whatsoever from their participation in a Promotion.
6.12. All Promotion items are subject to the Gant® Returns Policy and clause 5 above.
