Terms and Conditions of Sale

The Debbijane’s online shop can be accessed at www.debbijanes.co.za, related mobile sites and applications (“the site”). The site enables buyers to shop for items including hospitality products, body products, and other cosmetic products by selected local brands (“the products”) online and have them delivered door-to-door within South Africa. All visitors to the site (“users” or “you”) will be able to see the products on offer, but only those who have registered for an account on Debbijane’s (“account holders” or “you”) are able to buy.

Legally binding contract

All users and account holders, including those that buy from the site (“buyers”) are bound by these terms and conditions (“T&Cs”). By registering, or using the site at all, you recognise that you’ve read, accepted and agreed to be bound by these T&Cs. Should there be any clause in these T&Cs that you do not understand, the onus is on you to ask Debbijane’s to please explain the relevant clause to you before you accept the T&Cs by using or buying from the site.

With whom are you entering into a contract?

The site is owned and run by Brovani (Pty) Ltd,  a company incorporated in the Republic of South Africa (herein after referred to as Debbijane’s.   

Products and availability

Please note that the stock of all items on offer is limited. Debbijanes will make all reasonable attempts to ensure that special offers are brought to an end when stock runs out. If it happens that Debbijane’s is unable to fulfil any order at the advertised price because stock is sold out, Debbijane’s will inform you via email and you’ll be entitled to a reimbursement for the Rand value you have paid for such product.
 

  • Orders
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    1. The Company” refers to Debbijane’s
     
    1. The Customer” refers to an Individual or a Company who is duly authorised signatory to this agreement.
     
    1. All orders shall be binding on the Customer, but the Company reserves the right to withdraw from the order at any time before delivery of goods.
     
    1. The site allows you, the user, to place electronic orders (“order”) for one or more products on offer as long as such products are available and not sold out.
     
    1. A purchasing contract (“sale”) between you and Debbijane’s only comes into effect once you have fully completed AND submitted the online order form for one or more products in your shopping cart (“cart”) AND your payment has been authorised by Debbijane’s (or has been received into Debbijane’s’s bank account).
     
    1. The above is dependent on the product being available.
     
    1. Products on Debbijane’s cannot be reserved to be bought at a later stage and placing an item in your cart without completing the order does not amount to a “sale”.
     
    1. This means that Debbijane’s may remove any product(s) from your cart before the sale actually takes place, in the event of the product going out of stock.
    2. Debbijane’s cannot be held responsible if the product(s) you added to your cart have become unavailable when you try to complete the sale.
     
    1. A tax invoice will be emailed to the email address on your Debbijane’s profile. A delivery note will be included with your order – please note that no prices are visible on the delivery note.
      
    1. These conditions constitute the sole contract between the Company and the Customer and no variation hereof shall be of any force or effect unless in writing and signed by the Company and Customer.  No amended, different or additional terms and conditions will be valid, and if any order is submitted by the Company on stationery which contains the Customers standard terms and conditions of purchase, such standard terms and conditions will not apply notwithstanding the date of the order.
     
    1. Each delivery shall be deemed to be a separate contact in respect of the goods forming the subject matter of such delivery.
     2.       Prices 
    1. The prices shall be stated on the Company’s order form or other stationery but subject to confirmation by the Company prior to delivery of any goods.
     
    1. Notwithstanding the provision of clause 3 or 5.1 below, if prior delivery and/or despatch this is any increase for whatsoever reason in the Company’s cost of material or components or in statutory labour charges, the price of the goods may be increased proportionately by the Company and the Customer undertakes to pay such increased prices.  The amount of the increase shall be certified by the Company’s financial controller (or any person performing a similar function for the Company) and such certificate shall be final and binding on the customer.
      
    1. The Regular Retail Price
                                                                   i.      The Regular Retail Price (“RRP”) is the standard price that Debbijane’s charges for the product. The RRP is determined by considering the suppliers’ price, market conditions, and the prices being offered by other local retailers.                                                              ii.      When a product is not on sale, on special, or included in a discount promotion, the RRP is the price you will pay when you purchase the product (“purchase price”).                                                            iii.      Please note that RRPs can change over the course of several seasons over which the product may be sold. The RRPs applicable at the time the product is introduced may differ from the RRP at the time of your purchase. 
    1. The Discount Price
    2. When Debbijane’s is having a sale, has products in OUTLET, or is running a discount centric promotion on specific products on the site – the discount price is shown on the product’s product page, as well as the Regular Retail Price (“RRP”). The discount price will be shown in red and the RRP will be shown alongside it – but will be crossed out.
    3. When a discount price is shown on the product page, the discount price is the price you will pay when you add the product to your cart at the discounted price, and conclude the sale at the discounted price i.e. the purchase price.
     
    1. Pricing accuracy
                                                                   i.      Every reasonable effort will be made to ensure that the RRP and, if applicable, the Discount Price of all products on Debbijane’s are correct at the time of your purchase. If, however, the product is offered at an erroneous price, Debbijane’s will not be obliged to supply the said product at the incorrect price.                                                              ii.      Debbijane’s will only be liable to return payment already made by you in the case you choose to cancel the sale once you have been made aware of the correct price.  

  • Delivery
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    1. Whilst every effort shall be made to deliver and/or dispatch the goods as indicated on the order form or other stationery, the Company does not guarantee delivery and/or despatch on any specific date and shall not be liable for any damages for failure to affect delivery/despatch timeously for any reason whatsoever.
     
    1. The Customer shall not be entitled to cancel any order caused by any delay by the Company. 
     
    1. No claims in respect of any alleged defect in the goods will be recognised unless submitted in writing by the Customer within 2 days of receipt of goods.  The Company shall not be liable for any consequential loss of whatsoever nature arising from any defect in the goods, this includes deliveries via freight companies
     
    1. Standard Delivery
                                                                   i.      For orders of R1 000 or more, Debbijane’s delivers free of charge within South Africa, with standard delivery                                                              ii.      Any orders under R1 000, Debbijane’s charges a non-refundable R200 fee to deliver depending on where you’re located.                                                            iii.      Post office deliveries are sent via Speed Services to the relevant post office based on the delivery address. You will receive an email from Debbijane’s with the tracking number required in order to collect your parcel. The post office may send you a notification of the arrival of your parcel.                                                            iv.      Standard delivery is available for certain areas outside of main centres. Please check the delivery options in checkout once you have entered your address to see if you are eligible. A non-refundable R100 delivery fee is applied for deliveries outside of main centres.                                                              v.      Debbijane’s does not delivery to PO Box addresses.
    1. Every reasonable effort is taken to ensure that the delivery costs displayed on the site are correct at the time of your purchase. However, if a delivery fee is incorrectly displayed, Debbijane’s will not be obliged to deliver products at an incorrect delivery fee. Debbijane’s will only be liable to return payment already made by you in the case you choose to cancel the sale once you have been made aware of the correct delivery fee.
     
  • Ownership
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    1. Ownership of goods shall not pass onto the customer until the full purchase price is paid.
     
    1. All risk in the goods shall pass to the customer on delivery to Customer’s or its agents.
     
    1. The company reserves the right to enter the Customer’s premises without prior notice to remove stock should payment not be received within stipulated agreement dates.
     
    1. Goods returned for credit will not be accepted unless a prior written arrangement with management is made and agreed.  A 15% handling charge plus transport will be levied for goods returned.
      
  • Payment
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    1. The company shall have the right to suspend any deliveries if any amount due by the customer is unpaid.
     
    1. The Company shall have the right forthwith to terminate this contract and/or repossess its goods and/or claim from the Customer immediate payment for money owing by the Customer under this contract, notwithstanding any earlier arrangements for credit and whether the same is due for payment or not, if the Customer fails to pay any amount due to the Company or any of its subsidiaries or associated companies on due date hereof; or is placed under provisional or final order of sequestration Liquidation or Judicial Management, or commits any act of insolvency, or enters into compromise with his/its creditors 7 days after the date of judgement, or passes any goods acquired from the Company or any of its holding subsidiary or Associated Companies on to any third party for resale without prior written consent from the Company, or changes the structure of its ownership, or deviates from its former method of trading.
     
    1. Interest will be charged on any account not settled within 30 days at the prime rate of interest per annum charged by the Company’s Bankers plus 2%.
     
    1. You can pay on Debbijane’s using your Visa or MasterCard credit or debit card or SnapScan.
     
    1. Paying by credit card
                                                                   i.      Debbijane’s accepts payments made by Visa and MasterCard Credit Cards as well as chipped debit cards that have been activated for online purchases.                                                              ii.      When you place an order, the transaction details are presented to the bank for authorisation of the payment amount.                                                            iii.      If authorisation is not obtained, the order is cancelled. If authorisation is obtained, payment is usually immediate. You guarantee that you are fully authorised to use the credit card for payment of your order and that there are sufficient funds in this credit card account to cover the costs of any transactions you complete on Debbijane’s.f.         Paying by SnapScan:                                                               i.      Please note, when selecting to pay by SnapScan, you have 6 hours post placing your order to make the payment.                                                              ii.      Once the payment is made and cleared, your order will be processed.                                                            iii.      If no payment is received after 6 hours, your order will be cancelled.6.       Promotional coupons
    1. Promotional coupons are issued at Debbijane’s’s discretion. Users don’t have the right to promotional coupons and can’t earn them.
    2. Promotional coupons are issued with specific terms and conditions that regulate how and when they can be used. For example, certain coupons may be product specific in that they are only valid against a selected group of products. Exclusions may also exist with certain coupons e.g. not valid on items in OUTLET. The onus is on the shopper to check the full coupon T&Cs to ensure they understand the coupon’s applications and limitations.
    3. In general, unless otherwise specified on the coupon itself: a coupon is only valid for 30 days from date of issue. A coupon can only be used against a purchase on the site when the purchase meets the terms and conditions as specified on the coupon.
    4. Only one coupon can be used per shopping cart. Coupons are not transferrable and cannot be exchanged for cash. The discount value of the coupon will be deducted from the total amount in your shopping cart. The remaining balance, if any, must be paid by you.
    5. Creation of multiple Debbijane’s accounts, with different email addresses, in order to utilize a coupon on multiple occasions, is abuse of the benefit and Debbijane’s reserves the right to not release these orders.
    6. Should you wish to return an item you have purchased using a coupon:

      a. If you have redeemed a coupon against a purchase, and you’d like to return all items purchased, Debbijane’s will refund you or credit your account with the rand value of the purchase. Please refer to the specific terms and conditions on the coupon for information on whether it will be reinstated and the terms that will apply.

      b. If you have used a coupon against a purchase and then return some of the products purchased, Debbijane’s will apportion the value of the coupon across the relevant items in the cart and then refund you the relevant rand amount based on the items being returned.

      c. If you have used a coupon against a purchase and then return some of the products purchased, Debbijane’s will recalculate the total value of your purchase AFTER the returned product(s) has/have been deducted. If the recalculated purchase value no longer meets the terms and conditions associated with the coupon, Debbijane’s reserves the right to deduct the value of the coupon off the refund for the returns, or, should you have credit in your Debbijane’s account, to debit the value of the coupon off your account balance.
    7. Order value must exceed R1 000 after discount for free delivery.
     
  • Legal Charges
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    1. In the event of the Company instructing it attorneys to recover money or goods from the Customer, the Customer shall be liable for and shall pay all legal costs incurred by the Company on the Attorney- and-Client scale including collection commission.
     b.       At the option of the Company any claim against the Customer may be brought before any Magistrates Court.  c.        We hereby choose our domicilium citandi et executandi at the address provided hereunder. All notices shall be delivered by hand during normal business hours in which they will be deemed to have been received on the date of delivery or by pre paid registered post in which event they will be deemed, unless the address proves to the contrary, to have been received on the third day after posting.  
  • General
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    1. No relaxation which the Company may give any time in regard to the carrying out of the Customer’s obligations in terms of any contract shall prejudice or be a waiver of any of the Company’s rights in terms of the contract.
     
    1. The contact of sale between the Company and Customer as principals shall not be assigned or ceded by the Customer without consent of the Company.