Terms & Conditions

DEFINITIONS / > ARTICLE 1. APPLICABILITY OF THE SALES TERMS; ACCOUNTS & SECURITY / > ARTICLE 2. CONCLUSION AND CONTENT OF THE AGREEMENT / > ARTICLE 3. DELIVERY METHOD AND DELIVERY DATES / > ARTICLE 4. PRICE AND PAYMENT / > ARTICLE 5. RIGHT TO RETURN / > ARTICLE 6. FORCE MAJEURE / > ARTICLE 7. COMPLAINTS / > ARTICLE 8. INTELLECTUAL PROPERTY RIGHTS / > ARTICLE 9. RETENTION OF TITLE / > ARTICLE 10. GUARANTEE AND LIABILITY / > ARTICLE 11. APPLICABLE LAW / > ARTICLE 12. INVALID PROVISIONS / > / >

DEFINITIONS

Seller: G-Star Raw South Africa (Pty) Ltd.:

having its registered office at The Foundry, 4th Floor, Unit 2, Section 263, Prestwich Street, 8005, Green Point, Cape town, ZA
registered in the Trade Register of the Chamber of Commerce under number: 2013/012742/07
VAT number: 4740263407
e-mail address: service.za@g-star.com
telephone number: 0800-202889
telephone contact hours: Mo-Fr 9:00-20:00 | Sa 10:00-14:00

Buyer: a natural person who is of legal age and who is not acting within the context of practising a profession or conducting a business, with whom the Seller concludes an Agreement.

Order: an order placed by the Buyer in accordance with the procedure described in article 2.1 for the delivery of one or more products.

Product: a G-Star product that the Seller offers for sale on the Website.

Purchase Price: the price indicated on the Website for a Product, including the VAT and the shipping costs.

Agreement: The Order, which the Seller has accepted as such.

Website: www.g-star.com.

ARTICLE 1. APPLICABILITY OF THE SALES TERMS; ACCOUNTS & SECURITY

1.1

These Sales Terms that have been made available online by the Seller on www.g-star.com, together with the Website Terms of Use and the Privacy Policy (you can find the link at the bottom of this page) , which are both incorporated herein by reference, govern all offers, orders, agreements and other legal relationships between the Buyer and the Seller with respect to the use of the Website, including the purchase and sale of a Product on or via the Website.

1.2

The Buyer can purchase Products either as a guest or as an account holder. To complete the purchase process as a guest or to create an account, the Buyer must complete the specified process by providing the Seller with current, complete, and accurate information as requested by the applicable form. It is the Buyer’s responsibility to maintain the completeness, and accuracy of the Buyer’s registration information and any loss caused by the Buyer’s failure to do so is the Buyer’s responsibility. After the Buyer has fully completed the form to create an account, the Buyer may be asked to choose a password. It is entirely Buyer’s responsibility to maintain the confidentiality of the Buyer’s password and account. Additionally, the Buyer is entirely responsible for any and all activities that occur under the Buyer’s account. The Buyer agrees to notify the Seller immediately of any unauthorized use of the Buyer’s account. The Seller is not liable for any loss that the Buyer may incur as a result of someone else using the Buyer’s password or account, either with or without the Buyer’s knowledge.

ARTICLE 2. CONCLUSION AND CONTENT OF THE AGREEMENT

2.1
The presentation and advertising of Products in our Website Shop does not constitute a binding offer to conclude a purchase agreement.

2.2
The Buyer may select Products from the Seller’s range of Products, particularly clothing, shoes and fashion items in the desired style, color and size, and place these into a “shopping cart” by clicking on the “add to bag” button.

2.3
As soon as the Buyer has finished selecting the contents for the shopping cart, they can continue by clicking on the button “proceed”.

The Buyer is first taken to an overview of the Products in the shopping cart with the description of the Product, price and the delivery time.
After clicking on the button “proceed”, the Buyer enters the Buyer’s billing address, and, if the delivery address differs from the billing address, also enters the desired delivery address.

2.4
The Buyer can then choose between the following payment methods:

(a) Credit card: With this payment method, the Buyer must enter the corresponding credit card information on the following page, after clicking the “Continue” button. By clicking on the “Pay” button the Buyer then submits a legally binding order.. Before clicking the “Pay” button, the Buyer can cancel the order at any time, change the contents of the order by removing existing Products from and/or adding new Products to the shopping cart, and change the shipping address and payment method. We would point out that, with this payment method, the placing of the binding order and payment take place simultaneously. By clicking the “Pay” button, you confirm that you have read and understood, and accept our Terms and Conditions, Return Policy, and Privacy Policy.
(b) PayPal: With this payment method the Buyer submits a legally binding order by clicking on the “Continue” button. Before clicking the “Continue” button the Buyer can cancel the order at any time, change the contents of the order by removing existing Products from and/or adding new Products to the shopping cart, and change the shipping address and payment method. Once the Buyer has clicked on the “Continue” button, the Buyer will be redirected to the PayPal website to make payment. By clicking the “Pay” button, you confirm that you have read and understood, and accept our Terms and Conditions, Return Policy, and Privacy Policy.

2.5

An agreement only comes into existence once the Seller has received a properly completed order. An order is properly completed by Buyer when Seller receives the correct full payment, accompanied by all the information Seller needs to fulfill the order. The Seller shall immediately confirm the receipt of the Order which the Buyer has placed via the Website in an e-mail to the Buyer.

2.6
The Seller reserves the right to refuse the Order or cancel the Order placed by the Buyer, especially in the following cases:

if the total value of the Order exceeds the sum specified in the payment section of the FAQs;
if the information submitted by the Buyer is false and/or incomplete, or if the Seller can reasonably question its veracity;
if due payment by the Seller does not take place immediately after placing the Order by clicking on the button “Buy now”;
if the Buyer has already failed to fulfil their payment obligations towards the Seller in the past;
if the Buyer has refused to accept and/or failed to collect any orders which they have placed with the Seller in the past;
if there is an obvious or processing error in the prices given on the Website; or
if the desired delivery address is located outside South Africa; or
if the order is signaled by our security systems as an unusual order or an order susceptible to fraud.

2.7
The Seller shall notify the Buyer as soon as possible if an Order is not accepted. In such a case, any payments which have already been made by the Buyer shall be refunded as soon as possible.

2.8
The Order, the confirmation of the Order by the Seller, the Website Terms of Use and the Privacy Policy published on the Website, and these Sales Terms, constitute the sole and entire Agreement between the Buyer and the Seller with regard to the use of the Website and the placing and carrying out of an Order, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website and the Order.

2.9
After the Buyer has clicked on the “Pay” button, thereby placing a legally binding order, they are taken to a payment page in accordance with their chosen payment method. On that page, the Buyer completes the appropriate fields in order to carry out the payment and then authorizes the payment.

2.10
The Buyer cannot change the language. English (EN) is the only language option.

ARTICLE 3. DELIVERY METHOD AND DELIVERY DATES

3.1
Shipment will be made using a carrier designated by the Seller.

3.2
After the Agreement has been concluded the Seller will send the Products as quickly as possible, and in any event within fourteen (14) days, to the address indicated by the Buyer, provided that the Seller has received the full Purchase Price.

3.3
The Seller will make delivery in accordance with agreed delivery dates to every extent possible; however, the Buyer acknowledges that the delivery dates are based on the circumstances of which the Seller is aware at the time at which the Agreement is concluded and, insofar as they are dependent on work or services to be provided by third parties, on the information that such third parties provide to the Seller.

3.4
In the event the delivery is delayed or if the Order cannot be executed in whole or in part, the Seller will notify the Buyer within 3 days. In this case the Seller will cancel the Order and will promptly refund the Purchase Price (at least within 5 working days, timing will depend on the payment option the Buyer chose). The Buyer will be entitled to cancel the Agreement free of charge until the time at which the Order is shipped.

3.5
The risk with respect to any damage to or loss of the Products will be transferred to the Buyer as from the time at which the Products are delivered.

ARTICLE 4. PRICE AND PAYMENT

4.1
The prices indicated on the Website are denominated in South African Rand. During the Buyer’s check-out process, when the Buyer has added the Product to the Buyer’s shopping cart, and after the Buyer has indicated the shipping address, the Seller will show the Buyer whether the Seller will charge sales tax, or not. The Seller will pay for the Buyer’s shipping so the Buyer will have free shipping and the return shipping costs will also be borne by the Seller. Please refer to the FAQ section of the Website for a description of the Seller’s return process which is hereby incorporated by reference. The total Purchase Price due will be indicated when the Order is placed and when the Agreement is confirmed.

4.2
The Seller will be entitled to adjust the prices indicated on the Website from time to time without any notice being required. The prices indicated at the time at which the Order is placed will be deemed to be the prices that form part of the Agreement. Payment must be made using the methods indicated on the Website.

ARTICLE 5. RIGHT TO RETURN

5.1

The Buyer will be entitled to return the Product that has been delivered, free of charge, within a term of 30 days after the Product has been received, without stating his/her reason for doing so, in the manner indicated by the Seller, provided that the Product has not been worn (trying on clothing is permitted), is undamaged and (insofar as possible) is in the original and undamaged packaging. The Buyer will not be permitted to exchange the Product for another Product. If the Buyer wishes to purchase another Product he/she will have to place a new order on the Website.

5.2

In the case referred to in the preceding subsection, the Seller will refund the Purchase Price promptly, but in any event within 30 days after G-Star received the returned product. If not all the Products that form part of the Agreement are returned, the Seller will be entitled to deduct the original shipping costs from the Purchase Price to be refunded because the same amount of shipping costs will be due for the Products that have not been returned.

ARTICLE 6. FORCE MAJEURE

6.1
The Seller and its subsidiaries and affiliates and their officers, directors, employees, agents, and licensors (collectively “Seller and its Affiliated Parties”) are not liable for any damage as a result of a delay in the delivery or a failure to deliver that has been caused by circumstances that impede the Seller and its Affiliated Parties from complying with its obligations, and that cannot be attributed to the Seller and its Affiliated Parties because the circumstances cannot be blamed on the Seller and its Affiliated Parties, and cannot be deemed to be for the Seller and its Affiliated Parties’ account in accordance with the law, a legal act or in accordance with generally accepted standards, such as - but not restricted to - war, threat of war, civil war, riots, a day of national mourning announced by the government, strikes, transport problems, trade limitations, problems with customs authorities, fire, flooding, earthquake or the bankruptcy of third parties engaged by the Seller and its Affiliated Parties, a failure on the part of the Seller and its Affiliated Parties’ suppliers to supply goods or a failure on the part of the Seller and its Affiliated Parties’ suppliers to supply goods in a timely manner, interruptions in the supply of goods to be delivered by third parties, including water and electricity, and other serious interruptions in the business operations of the Seller and its Affiliated Parties.

6.2
If as a result of a situation involving force majeure the Seller fails to comply with its obligations under the Agreement or fails to do so in a timely manner, the Seller will be entitled to perform the Agreement within a reasonable term or – if compliance within a reasonable term is not possible – to cancel the Agreement in whole or in part, without the Seller and its Affiliated Parties being obliged to pay the Buyer any compensation in that respect.

ARTICLE 7. COMPLAINTS

7.1
The contact details of the Seller and of the third parties that the Seller has engaged to handle complaints can be found by clicking on ‘Help and Info’, ‘Contact’ for the Customer Support contact details.

7.2
The Buyer will be obliged to inspect the Product when it has been delivered and to notify the Seller within a reasonable term in the event that there are any visible defects or other complaints regarding the performance of the Agreement. Such complaints must be submitted in writing and must be fully and clearly substantiated.

7.3
The Seller will respond to any complaints that it receives within a term of fourteen (14) days after receipt. The Seller will notify the Buyer within a term of fourteen (14) days in the event that it is foreseeable that the complaint will require a longer term to be processed, stating the term within which the Buyer can expect to receive an answer.

7.4
The Buyer acknowledges that: minor deviations and deviations that are generally considered acceptable in respect of the quality, size, color, finishing, etc. of Products cannot be avoided or are difficult to avoid and do not constitute a well founded reason to submit a complaint. Such complaints, and complaints regarding the removal of certain Products from the Website, are not well founded. The Seller will not be liable for any damage that the Buyer sustains as a result of such deviations or the removal of such Products from the Website.

7.5
The Buyer will fully cooperate in the event that the Seller recalls a Product. The Buyer will notify the Seller immediately in the event that the Buyer suspects that a Product has a safety defect and is subject to being recalled.

ARTICLE 8. INTELLECTUAL PROPERTY RIGHTS

8.1
We take reasonable steps to secure your payment information and we use a payment system that is sufficiently secure, with reference to accepted technological standards at the time of the transaction and the type of the transaction concerned. Transacting with us electronically (including transacting and using your credit card on our website) is safe and secure.

8.2
If you are paying by credit card, we will place a holding reserve of funds for the total cost of your online order. Final payment will only be processed on the finalisation of your order and prior to delivery. If your order will be delivered in more than one batch, we will take full payment at the first shipment. We will also take full payment immediately if the delivery date is 14 days or more into the future (e.g. if you are buying gift registry items). If you split payment for an order between your TFG account and credit card, the credit card amount will be processed as a payment on your TFG account. When you submit your order, you warrant that you are authorised to use the card and that there are sufficient funds to pay for the order. You consent to our use of the services of reputable and secure third party payment service providers in order to process credit card transactions and acknowledge that doing so necessitates the disclosure of your credit card information when you make a purchase.

8.3
If you are paying with your TFG store card, the total cost of the order will immediately be debited to your account.

8.4
In the event that you return goods, it will take up to 10 working days to process a refund and for it to reflect on your account.

ARTICLE 9. RETENTION OF TITLE

9.1
The Seller will retain the title in respect of any and all Products to be delivered until the following obligations towards the Seller have been complied with in full:

the performance and obligations (including payment obligations) that the Buyer owes/has in respect of any and all Products that have been or that will be delivered in accordance with the Agreement; and
claims on the ground of the Buyer’s breach in respect of his/her compliance with this Agreement.

ARTICLE 10. GUARANTEE AND LIABILITY

10.1
The Seller is required by law to provide a Product that meets the contract with the Buyer.

10.2
The Seller and its Affiliated Parties is not liable for any indirect, additional or consequential damage, of any kind whatsoever, that the Buyer sustains in connection with the Agreement. Under no circumstances will any direct damage, for which the Seller and its Affiliated Parties are legally liable towards the Buyer, exceed the Purchase Price. This provision is not intended to exclude the Seller’s liability in the event of bodily injury or death.

10.3
The Seller refers to the disclaimers in Website Terms of Use with regard to its liability in respect of the Website and the use of the Website. Please refer to the link at the bottom of this page.

ARTICLE 11. APPLICABLE LAW

11.1

The law of the country of your residence applies to this agreement.

ARTICLE 12. INVALID PROVISIONS

12.1
In the event that any provision contained in these Sales Terms is deemed invalid:

the remaining provisions contained in these Sales Terms will nonetheless remain in effect; and
the invalid provision will have to be interpreted as, or converted into, a valid provision having the same purport to every extent possible.

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