Terms & conditions
1. What you need to know
1.1 If you do not understand these “Terms and Conditions”, it is your responsibility to ask a representative of Tonic Apparel to explain them to you before you accept them and/or continue using the Website.
1.2 These Website “Terms and Conditions” govern the sale of “Products” (as outlined herein) and the use of the Website.
1.3 These “Terms and Conditions” are binding and enforceable against every person that accesses or uses this Website.
1.4 By using the Website you acknowledge that you have read and agree to be bound by these “Terms and Conditions.”
1.5 These “Terms and Conditions” apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (“the CPA”).
2. Registering, Guest Check Out & Using the Website
2.1 Only Registered Users and/or Guests (Guest Check Out) may purchase “Products” on the Website.
2.2 To register, you must provide a unique username and password as well as certain personal details and/or information to Float.
2.3 You acknowledge that you will only use your username and password to access the Website and to purchase “Products” and that you will not disclose your username and password to any third party.
2.4 You agree to notify Tonic Apparel immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and that you will take the necessary steps to mitigate any resultant loss and/or damage.
2.5 By using the Website you warrant that you are (18) years of age and/or older. If you are under the age of (18) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the supervision of your legal guardian and/or parent. If your legal guardian and/or parent give “their” consent, then “they” agree to be bound to these “Terms and Conditions” and the entirety of these “Terms and Conditions.”
2.6 You may not use the Website to distribute any material, electronic or otherwise which is defamatory, offensive, contains or amounts to hate speech or is in anyway unlawful or harmful.
2.7 You may not display, publish, copy, print, post or use the Website and/or the information contained herein without the express prior written consent of a Tonic Apparel Representative.
3. Ownership and Copyright
3.1 The contents of the Website, including any material, information, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website are protected by law, including but not limited to copyright and trade mark law.
3.2 The Website Content is the property of Tonic Apparel and/or its advertisers, sponsors and the like.
3.3 Any use, distribution or reproduction of the Website Content is prohibited without the express prior written consent of a Tonic Apparel Representative.
3.4 Where any of the Website Content has been licensed to Tonic Apparel or belongs to any third party, your rights of use will also be subject to any terms and conditions, which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
4. Disclaimer
4.1 The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
4.2 Tonic Apparel disclaims liability for any damage, loss or liability, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content herein unless otherwise provided by law.
4.3 Any views or statements made or expressed on the Website are not necessarily the views of Tonic Apparel, its owners, shareholders, directors, employees and/or agents.
4.4 Whilst Tonic Apparel takes reasonable measures to ensure that the content of the Website is accurate and complete, it makes no representations or warranties, whether express or implied, as to the quality, operation, integrity, availability, or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website.
4.5 In addition to the disclaimers contained elsewhere in these “Terms and Conditions”, Tonic Apparel also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans or any other data which can corrupt, destroy, compromise, disrupt, disable, harm and/or jeopardise your computer system, computer network, hardware, or software in any way.
5. Limitation of Liability
5.1 Tonic Apparel shall not be liable for any direct, indirect, incidental, special or consequential loss or damages, which might arise from your use of, or reliance upon, the website or the content contained in the website; or your inability to use the website, and/or unlawful activity on the website and/or any linked third party website.
5.2 You hereby indemnify Tonic Apparel against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this website and/or any linked third party website.
6. Privacy Policy
6.1 Tonic Apparel will take reasonable measures to protect your privacy.
6.2 If you register as a Registered User and/or Guests (Guest Check Out) on the Website, we may require you to provide us with personal information which includes but is not limited to your:
Name and Surname
Date of Birth
Email Address
Physical Address
Cell Phone Number
6.3 Should your personal information change, you are required to inform us and provide us with your changes as soon as reasonably possible to enable us to update your personal information accordingly.
6.4 You agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything. Tonic Apparel will not use your personal information for any purpose (other than as stated above) without your express consent. We will not use or disclose your personal information to third parties without your consent, unless the use or disclosure is required; to comply with applicable law, order of court or legal process served on Tonic Apparel; and/or to protect and defend the rights or property of Tonic Apparel.
6.5 We will be entitled to disclose your personal information to those of our employees and/or third party service providers who assist us to interact with you via our Website or email, for the sale of “Products” or when delivering “Products” to you, and thus need to know your personal information to communicate with you.
6.6 We will treat your personal information as strictly confidential and take the appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected.
6.7 We will promptly notify you if we become aware of any unauthorised use, disclosure, or processing of your personal information.
6.8 Tonic Apparel undertakes never to sell or make your personal information to any third party unless we are compelled to do so by law. In particular, in the event of a fraudulent online payment, Tonic Apparel reserves the right to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure.
7. Changes to these “Terms and Conditions”
Tonic Apparel may, in its sole discretion, change the “Terms and Conditions” or any part thereof at any time. Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such updated or amended “Terms and Conditions” have been displayed on the Website, you will be deemed to have accepted such updates or amendments.
8. “Terms and Conditions” of Sale
8.1 Registered Users and/or Guests (Guest Check Out) may place orders for “Products” as long as the “Products” are available and have not been sold out.
8.2 An agreement of sale between you and Tonic Apparel will come into effect upon completion of payment or payment authorisation being received by Tonic Apparel and by delivery of the “Products” to you.
8.3 You acknowledge that stock of all “Products” on offer is limited. When “Products” are no longer available Tonic Apparel will notify you and you shall be entitled to either be credited or refunded for any payments already made by you.
8.4 Whilst Tonic Apparel will take all reasonable efforts to monitor stock levels, we cannot guarantee the availability of stock and we will only be liable for delivery of the “Products” when the “Products” are available.
9. Payment
9.1 All transactions are encrypted through a third party payment gateway: Payfast, using the applicable encryption technologies & expertise.
9.2 Payment can be made for “Products” through and/or via:
Credit Card
Debit Card
EFT
Snapscan
9.3 Where payment is made by credit card, we may require additional information to authorise and/or verify the validity of payment. In such cases, we reserve the right to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts.
9.4 If you pay via direct bank deposit or EFT payment must be made within (5) calendar days of the order being placed.
9.5 Once you accept these “Terms and Conditions”, you will be directed to a secure site for payment of the applicable purchase price for the “Products”.Registered Users and/or Guests (Guest Check Out) may place orders for “Products” as long as the “Products” are available and have not been sold out.
10. Delivery of Goods
10.1 Purchased “Products” will be dispatched and/or shipped within the first 48 working hours of Tonic Apparel receiving receipt of payment and/or payment confirmation.
10.2 Working in accordance with our preferred courier’s services’, we endeavour to deliver as quickly and safely as possible. Our standard delivery time for local (SA) deliveries is 2-3 working days. Our standard delivery time for international (non-SA) deliveries is 5-7 working days. However, delivery times do change, and Tonic Apparel cannot be held liable for not meeting the standard delivery times mentioned above.
10.3 Please feel free to contact Info@floatapparel.co.za if an urgent delivery is required, and we will do whatever we can to assist you.
10.4 Delivery times will vary in accordance with the geographical location of each Registered User and/or Guest (Guest Check Out).
10.5 We strive to give our customers the ultimate shopping experience, at affordable rates. The delivery method of “free” deliveries is by means of a Tonic Apparel preferred courier service, and orders will need to be signed for by the person whom paid for, purchased, and/or completed the registration prior to ordering and in accordance with the relevant and applicable laws.
10.6 “Free deliveries” refers to all purchases of a value of R500 and above. Float does not charge for the courier / shipping fee, for deliveries above R500 anywhere in South Africa. All international orders shipping cost is charged over and above the checkout basket amount. However, the customer must bear duties and other custom clearance fees.
10.7 It is the customer’s responsibility to make sure that they sign for their delivery once it has reached their shipping address, and as stipulated by the customer on completing the order. Tonic Apparel will not be held responsible for deliveries that are not signed for by Registered Users and/or Guests (Guest Check Out).
11. Cancellation and Refund
11.1 You are, in terms of section 44 of the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”) entitled to cancel, without reason and without penalty, your order for the “Products” within 7 days of receipt of the “Products”. In such an instance you: Will receive a full refund of the purchase price within (30) days of the date of your cancellation of the order.
11.2 Undertake not to utilise the “Products”.
11.3 Agree that the purchase will be deemed to have been cancelled, and you will be liable in terms of section 44(2) of the ECT Act for the direct costs of returning the “Products”, such as courier and/or shipping charges to Float's Head Office, in Cape Town.
12. Returns (General)
12.1 “Products” may be returned only when defective, damaged or if the “Products” supplied are not the same “Products” that were ordered.
12.2 If the “Products” are different from what was ordered, this must be reported within (24) hours of delivery. Any damage must also be immediately reported, within (24) hours of delivery.
12.3 If you are returning “Products” via courier or post office you must package it carefully so that it does not become more damaged en route.
Nothing in this clause (13) or the Terms and Conditions in any way limits your rights in terms of section 56 read with section 55 of the CPA in any way.
13. Cancellation and Refund
13.1 When claiming a return for any faulty Tonic Apparel “Product” you will need to carefully complete the following steps:
Step One: Email all the details listed below to info@floatapparel.co.za
Step Two: Attach the original proof of purchase to the email.
Step Three: Send the email with all the correct details and attachments.
Required details:
Original Proof of Purchase/ Receipt
Name & Surname
Telephone number
Email address
A description and photograph of the faulty product
13.2 Returns are limited to the original owner of the product that has been purchased from Tonic Apparel directly. You may only submit one product per return claim.
13.3 Tonic Apparel reserves the right to determine whether your return claim is valid for a defective product replacement. Any suspected fraudulent behavior will be marked as fraud and investigated before approving the return.
14. Governing Law and Jurisdiction
14.1 These “Terms and Conditions” and/or any dispute arising from or in connection with these “Terms and Conditions” shall be governed and interpreted in accordance with the laws of the Republic of South Africa.
14.2 Nothing in this clause (14) or the “Terms and Conditions” limit your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.