DEFINITIONS

  • “the website” refers to www.g-star.com/en_za
  • “You” and “online shopper” refer to you, our online customer, who buys from us using the website
  • “G-Star Raw” refers to G-Star Raw eStore B.V.
  • “TFG”, “we”, “us” and “our” refers to the seller of the goods on the website, namely Foschini Retail Group (Pty) Ltd:

  • Registered office: 340 Voortrekker Road, Parow East, 7500, Western Cape, South Africa
    Company Registration number: 1988/007302/07
    VAT number: 4210187250
    e-mail address: customerservices@tfg.co.za
    Customer services contact number: 0860 834 834
    Customer services contact hours: Mondays to Saturdays: 08:30-21:00, Sundays: 09:00-19:00 and Public Holidays: 09:00-17:00.

ARTICLE 1. GENERAL

These are the terms and conditions (“Online Shopping Terms”) that apply when you buy goods from us online, using the website. The Online Shopping Terms must be read together with the website terms of use (https://www.g-star.com/en_za/disclaimer) and, if applicable, the terms and conditions that apply to customers who buy on credit using their TFG store cards (https://www.tfg.co.za/accounts). Those terms and conditions are incorporated into these terms by reference.

ARTICLE 2. ACCEPTANCE

When you buy goods from us online, you agree to and accept all our terms and conditions. You also agree that G-Star may send you your order confirmation and TFG may send your invoices to you electronically.

ARTICLE 3. YOUR ONLINE PROFILE

When you register as an online shopper, you will have to create an online profile. This includes selecting a user name and choosing a password. You will be asked for your credentials (your user name and password) every time that you shop online with us. It is your responsibility to keep your credentials private and secure and not share them with anyone. Only authorised users may access their online profile with their credentials. We accept no liability for any damages or losses that you may suffer from the unauthorised use of your profile.

ARTICLE 4. GOODS AND PRICING

4.1 Goods subject to availability
All goods displayed on our website are subject to availability. If any goods you ordered are not immediately available or are not available at all, we will let you know as soon as possible. Goods displayed on the website are only available for delivery in South Africa.

4.2 Price
The stated prices on our website are in South African Rand and are only valid and effective in South Africa.

4.3 Display
We will use our best efforts to accurately display the goods, specifically regarding their colour, description and price. Please remember however that the way you see the goods is also dependent on the device that you are using to access the website and we cannot guarantee that the goods you receive, will look exactly as you have seen it. Every leather product is unique and might have markings which form part of the characteristics of the product. These natural markings will not be regarded as defects.

4.4 Orders
Your transaction will only be completed and you will become the owner of the goods:
  • once we receive payment from you, and
  • when the goods that you have ordered have been delivered to you (or when you have collected the goods).
Once this happens the transaction is complete and you assume all risk and full responsibility for the goods. We reserve the right to not process an order or to cancel an existing order (partially or completely) if there has been an error. Errors include the goods no longer being available, incorrect price or description of the goods. We will inform you of such errors as soon as we become aware of them. We will refund you the Rand value that you have paid, only if you have already paid for the cancelled order. We will not be liable for any other loss or claim relating to a transaction based on any error.

ARTICLE 5. DELIVERY, COLLECTION AND STORAGE

5.1 Delivery fees
By shopping online with us, you give us as well as G-Star your consent to share your personal information with our designated delivery partners. We will charge a delivery fee for every order you place, which will be billed at checkout. The delivery fee is R50.00 (Fifty Rand) for any standard delivery, which takes 3 to 5 working days.

5.2 Additional delivery charges
Additional delivery charges (which will vary, depending on your delivery address) apply to outlying areas. Delivery fees may change at any time without notice to you. The delivery fee and any additional charges applicable to your order will be communicated to you and must be paid when you place an order. For queries regarding delivery, please call or email our Customer Services.

5.3 Delivery address
We will arrange for delivery to the delivery address that you provided to us. G-Star and TFG will not be responsible for any loss or unauthorised use of the goods once we have delivered the goods to the delivery address you have provided to us.

5.4 Delivery times and dates
We deliver between 09h00 and 17h00 on weekdays (Monday to Friday, excluding public holidays) and we only deliver within South Africa. Our ability to deliver is also always subject to certain factors, including the availability of the goods and the supply of accurate delivery address details.

We will always do what is reasonably possible (but cannot guarantee that we will be able) to ensure that delivery happens on the agreed date. The delivery date is subject to change due to circumstances beyond our control. We will notify you should there be any delivery-related problems and we are unable to deliver on the agreed date. Once you receive this notification from us, you can decide whether you would like to cancel your order or not. We will refund you the Rand value you have paid if you decide to cancel your order.

5.5 Documentation
On delivery of your order, you will receive a delivery note and a returns form generated by TFG.

5.6 Goods availability
We cannot guarantee the availability of goods, but will use reasonable efforts to ensure that goods are available. We will notify in the event that goods are no longer available after you have placed an order. We will refund you the Rand value for the goods you have purchased.

5.7 Accepting your delivery
You must ensure that we can access the place of delivery, and that the location is cleared for the goods to be delivered. If you are unable to accept the goods yourself, please ensure that you or your authorised representative is available at the delivery address. If anyone other than you accepts delivery of the goods at the delivery address, they are presumed to be authorised to accept the goods on your behalf. On delivery we will require that you or your authorised representative sign for the goods, write down your or their name and produce a form of identification (for example, an original ID or driver’s licence). This is to confirm that the goods have been received. If no one is at the delivery address to accept delivery, we will contact you to arrange an alternative time. You will be charged additional delivery charges if we cannot deliver the goods to you due to access problems or if you are not available when we deliver the goods. If we are unable to deliver the goods to you after three attempts, or should we deem it appropriate under the circumstances, we reserve the right to cancel your order, deduct charges we have incurred for failed deliveries or additional storage, and refund the balance due to you.

5.8 Inspecting the goods
You must inspect the goods when they are delivered to you. If you are satisfied that the goods are in good condition and not damaged, you or your representative must sign the delivery slip, which will be proof that the goods have been delivered in a good, undamaged condition. If the goods are damaged in any way, you must note the damage on the delivery slip, notify us immediately and not accept delivery of the goods. If you do not note the damage on the delivery slip, we are entitled to regard the goods as if they were in good condition and not damaged when delivered to you.

5.9 Courier
We make use of courier services to deliver the goods to you. We are not be liable for any damage suffered or any losses incurred arising out of any act or omission by the courier, its directors, employees, sub-contractors, agents or representatives.

ARTICLE 6. RETURNS

6.1 Right to return
If you are unhappy with your purchase for any reason (other than if it is defective) and wish to return it, you may do so within 30 (thirty) days of the date that the goods were delivered to you or collected by you. The goods must be in their original condition and packaging and you must have the invoice, the delivery note or returns form. If you received the goods as a gift, the delivery note or returns form is still required. You cannot return goods if they have been taken apart or altered, or reasons of public health do not allow their return. For hygiene reasons we do not accept return of underwear, toiletries and cosmetics.

6.2 Incorrect item delivered
Should we accidentally deliver the wrong goods to you, or if the goods are not as described on the website:
Please do not remove any of the stickers or labels, or remove the goods from its original packaging.
Notify us immediately and we will collect the goods from you at no charge. You can then choose if we should:
deliver the correct goods to you as soon as possible (if available); or
issue you with a refund (using the same method of payment you originally used for the purchase).

Please note that a refund is not available if you received the goods as a gift.

6.3 Return methods
You may return the goods at no additional charge, to any G-Star Raw monobrand store (refer to “Find a Store” on the website) with the invoice, delivery note or returns form. You can also contact our Customer Services and we will arrange for a courier to collect the goods within 3-10 working days. If you are returning goods via courier, you will have to complete the returns form, specifying the reason why you are returning the goods. You must also pack the goods into the original packaging. If you are returning goods that are not defective via courier, you will be charged a collection fee.

6.4 Refunds for returned goods
We will refund you in full, however if you received the goods as a gift, you may only exchange the item for goods of the same value to any G-Star Raw monobrand store (refer to “Find a Store” on the website).

ARTICLE 7. CANCELLATIONS

You may in certain instances cancel your order. You can cancel your order before it is dispatched for delivery by calling the Customer services contact number: 0860 576 576. If you cancel an order and the goods have already left our distribution centre, you will be liable for the delivery fee and a cancellation fee of 10% of the price of the goods. We can only process refunds once we have confirmed that the goods have been returned to our distribution centres. If cancellation of an order is initiated by us, no cancellation fees will be payable. Please contact our Customer Services if you have any queries regarding cancellation.

ARTICLE 8. PAYMENT

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. PROMOTIONAL VOUCHER TERMS AND CONDITIONS

9.1 TFG discount vouchers, gift vouchers and E-gift vouchers
Discount, gift and E-gift vouchers issued by TFG may only be redeemed for goods available online on www.tfg.co.za but unfortunately not for goods available on www.g-star.com/en_za.

9.2 G-Star RAW discount vouchers
Discount vouchers issued by G-Star Raw may only be used for online shopping. Vouchers are non-transferrable and may not be refunded, or exchanged for cash. The voucher can only be redeemed once. No interest will accrue to any unredeemed balance on the vouchers.

ARTICLE 10. PROTECTION OF PERSONAL INFORMATION

10.1
When you buy goods from us online using the website, you agree to the processing of any of your information that could be used to identify you (“Personal Information”) by TFG and you agree that TFG may process and transfer your Personal Information to any relevant third parties (including those who may be situated outside the European Economic Area (“EEA”) and South Africa) to enable TFG to create your online profile, process your transactions, deliver your goods and respond to your queries and complaints (the “Services”).

10.2
TFG will not be liable for any loss as a result of your transmission or receipt of information, data or communications supplied or sent to or by TFG electronically or by any other means.

10.3
You warrant that any Personal Information that you provided to TFG for the purpose of buying goods available on the website is disclosed by you in accordance with the applicable privacy legislation including, but not limited to the Protection of Personal Information Act 4 of 2013 (“POPIA”) as amended, consolidated or replaced from time to time and that you will ensure that you have all necessary and appropriate consents and notices in place to enable lawful transfer of the Personal Information to TFG and, where applicable, by TFG to their affiliates and service providers, including those situated outside South Africa and the EEA, in order to enable TFG to render the Services. Notwithstanding the foregoing, TFG warrants that it will only process your Personal Information if it is satisfied that the conditions in any relevant privacy legislation are fulfilled and will be done on the basis that any relevant third party has signed an agreement with TFG that contains provisions that are in conformity with the privacy legislation. Where applicable, you will be informed of the identity of relevant third parties engaged by TFG for rendering the Services, for example the courier company that will be delivering your goods.

10.4
The full privacy statement of TFG is available on https://www.tfg.co.za/foschinigrp/page/en/tfg-web/privacy-statement and full privacy statement of G-Star Raw is available on https://www.g-star.com/en_za/help-info/privacy-policy

ARTICLE 11. INTELLECTUAL PROPERTY RIGHTS

Any and all marks, product names, logos, models and designs (referred to below as the “IP Rights”) that are depicted on or affixed to the goods or otherwise related to the goods are the property of G-Star Raw or one or more of its group companies. You acknowledge the proprietary rights of G-Star Raw in respect of the IP Rights and will refrain from using the IP Rights in any way, and you will refrain from any conduct that could harm or otherwise negatively affect the IP Rights. Please refer to the Website Terms of Use with regard to the intellectual property rights in respect of the Website.

ARTICLE 12. GENERAL

We are entitled to amend these online shopping terms and conditions at our sole discretion, from time to time and without notice to you.

[Version: 22/08/2018]
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