Terms & Conditions
Street Gear is a company duly registered within the Republic of South Africa in accordance with the Companies Act 71 of 2008 and adheres to the Consumer Protection Act 68 of 2008 (CPA), the Protection of Personal Information Act 4 of 2013 (POPI) and the Electronic Communications and Transactions Act 25 of 2002 (ECTA) including all amendments and regulations thereto. Street Gear provides an online web platform for the sale and supply of goods to retail customers.
2. USE OF THE WEBSITE AND ONLINE PLATFORM
Your use, access and interaction with this website or online platform is subject to and governed by the terms and conditions set out below. Should you not agree to any of the terms contained below, you are to immediately cease using the website or online platform. Your continued usage constitutes acceptance of all the terms and conditions set out below.
3. DEFINITIONS AND INTERPRETATION
In this Agreement, unless the context otherwise requires, the following definitions shall apply:
“Agreement” means this agreement between Street Gear and the Consumer or Retailer subject to the terms and conditions set out below
“Business Day” means any day (other than Saturday or Sunday) on which clearing banks are open for business in South Africa.
“Consumer” means a Consumer in terms of the Consumer Protection Act 68 of 2008.
“The Consumer Protection Act” means the Consumer Protection Act 68 of 2008 (the “CPA”)
“The Protection of Personal Information Act of 2013” means the Protection of Personal Information Act of 2013 (the “POPI”)
“Personal Data” means all data supplied to Street Gear by or on behalf of the Consumer or Retailer pursuant to this Agreement which is defined as personal data under the POPI Act.
“Shopping Cart” means any and all goods selected by the Consumer or Retailer or User which once selected form part of the User’s order. The shopping cart serves merely as an online item placeholder for goods prior to the transaction being finalized. Street Gear reserves the right to remove, modify or otherwise change the items available in the shopping cart at any time. Items in the shopping cart may be available for a limited period of 60mins only taking into consideration demand and availability of stock. Items are sold on a “first come first serve” basis and Street Gear cannot guarantee the availability of items in the user’s shopping cart.
“Checking Out/Check Out” means any and all goods selected by the Consumer or Retailer which are then confirmed and accepted by User in completion of the transaction.
“Contract” means the completion of an order and commencement of a legally binding agreement between Street Gear and the Consumer or Retailer.
“Order” means a purchase completed or submitted by means of Street Gear’s Website or Online Platform.
“You/Your” means the Consumer, Retailer or User of the Street Gear’s Website or Online Platform including both Consumers and Retailers.
“User” means any natural person who makes use of, transacts on, contracts with, or makes use of the Street Gear Website or Online Platform including both Consumers and Retailers.
“Website or Online Platform” meansthe Street Gear Website and Online Platform, including its Official Social Media Accounts, Mobile Websites and Mobile Applications.
Where the context permits, words denoting:
(a) persons shall include bodies corporate and unincorporated associations of persons;
(b) the singular include the plural and vice versa; and
(c) one gender shall include any gender.
All headings are for ease of use and reference only and shall not affect the interpretation or construction of these terms and conditions in any way.
4. FORMATION OF A LEGALLY BINDING CONTRACT
Street Gear offers goods or services by means of its Website and Online Platform, which may be purchased by Consumers or Retailers via electronic or other transaction methods. Upon registering on Street Gear’s Website or Online Platform, the Consumer or Retailer may place an order for the purchase of goods, which shall constitute a valid acceptance of the offer and thereby a legally binding Agreement of Sale. The sale shall be completed and in effect once the Consumer or Retailer has completed and submitted an electronic order via the Website or Online Platform and completed “Check Out” of items available in the User’s “Shopping Cart” Upon completion of the online sale, payment via one of the available transaction options becomes immediately due, owing and payable including any applicable taxes and delivery charges. The Consumer, Retailer or User of the Website or Online Platform warrants, by use and continued use of Street Gear’s services that he/she is over the age of 18 and possesses the necessary consent and faculties to transact with Street Gear.
5 (a). SUPPLY OF GOODS – South Africa
Street Gear shall at all times endeavour to supply goods that are in a good condition, safe and fit for the purposes for which they are purchased as contemplated in Section 55 of the Consumer Protection Act (CPA) Notwithstanding this, Street Gear makes no warranties or guarantees relating to goods that are sourced from external suppliers, manufacturers and retailers. Street Gear makes no representations regarding the availability of stock including specific colours, sizes, labels, brands or other identifiers and that available quantities reflected on the Website and Online Platform are merely estimates. Once an order has been confirmed, the onus remains on the User to ensure the correctness of the order and that the appropriate sizes, colours and types have been selected without derogating from the Returns Policy below. While Street Gear endeavours to maintain reasonable amounts of stock available to consumers, it cannot guarantee the availability of any items listed on the website or online platform. Street Gear, shall at all times exercise reasonable care in ensuring that the pricing of goods on the website and online platform is accurate and up to date. However, Street Gear shall not be liable to consumers, retailers, or users of the website or online platform in the event of pricing errors due to system malfunction, human error or otherwise.
6. COMPETITION TERMS
Street Gear may from time to time run competitions and promotions for users of the website and online platform and for consumers. The following terms shall apply to all competitions unless specifically stated otherwise. Should there be conflict between stated competition terms on the website and online platform and these terms, then these terms shall take precedence.
No entry fee shall be levied for competitions unless otherwise stated in that competition and subject to the limitations of the Consumer Protection Act of 2008.
Street Gear shall not accept responsibility for entries not being received for any reason whatsoever, including incorrectly filled out forms, network problems or others.
While Street Gear shall endeavour to ensure that prize descriptions are clear and set in ordinary terms, Street Gear shall not be liable for the user or consumer incorrectly understanding the prizes offered or the entry requirements. Furthermore Street Gear cannot guarantee the accuracy or details of prizes which are supplied by third parties or suppliers of Street Gear.
All competitions winners shall be randomly selected. However, the final selection remains the sole and exclusive discretion of Street Gear and its management.
Employees, staff, affiliates, partners and services providers of Street Gear shall not be eligible for entry into competitions.
There shall be one winner per competition unless specifically stated otherwise.
Competition winners agree to have their likeliness, image, name and winning details published by Street Gear or its affiliates including the publication in any promotional material.
Competition prizes shall be delivered to the winners, or shall be collected by the winners at Street Gear’s offices only. The winners may be required to provide contact details, personal information and/or proof of identity prior to receiving their prizes.
Competition prizes cannot be exchanged for cash, other items, colours or specifications or returned for credit.
Street Gear may differ or cancel competitions at its sole and exclusive discretion for any reason whatsoever.
Competition winners will be notified electronically on the platform that they entered or via email and must contact Street Gear within 7 (seven) working days of being notified, failing which the winner shall forfeit the prize and which prize may thereafter be awarded to the next potential winner.
Competition entries shall only be accepted within the period of the competition and shall close on midnight on the last day of that competition. Should there be no stipulated end date, all competitions shall run for a maximum of 14 (fourteen) days from beginning of the contract till midnight on the 14th(fourteenth) day, including all Sundays and public holidays.
Prizes shall be delivered within the ordinary delivery times and shall be delivered to the address provided by the competition winner.
Entry into all competitions shall be deemed as acceptance of all the terms above.
7. LIMITATION OF LIABILITY
Unless otherwise provided in any further written agreement, Street Gear shall not be liable to Consumers, Retailers or Users for any indirect, consequential, special, incidental or punitive damages which may arise out of the use of Street Gear’s Website or Online Platform or the supply or resale of any goods or services.
8. INFORMATION AND DATA PROTECTION – POPI
In this clause the terms “data subject” and “process” have the meanings given to them in the Protection of Personal Information Act of 2013 (POPI). Each party warrants to the other that, in relation to this Agreement, it shall comply strictly with all requirements of POPI. Street Gear shall ensure that all information collected from Consumers, Retailers and Users shall be collected for the specific purposes of interacting, transacting and conducting business, including information obtained for the purposes of marketing and advertising. Street Gear warrants that it has appropriate technical and organizational measures in place to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data held or processed by it and that it has taken reasonable steps to ensure the reliability of any of its staff who have access to Personal Data processed in connection with this Agreement. Street Gear will co-operate with and assist any Consumer, Retailer or User at no charge in allowing data subjects to exercise their rights under the Protection of Personal Information Act of 2013 and will comply with any reasonable request made by Consumers, Retailers or Users to ensure compliance with the measures mentioned in the Act. The Consumer, Retailer or User warrants that it will notify Street Gear immediately of any correspondence it may receive from any local data protection regulator and any successor or replacement body relating to Personal Data or any complaint from an individual about the processing of Personal Data in connection with this Agreement.
If Street Gear becomes aware of the loss or compromise of, or any damage to, any Personal Data which it is processing in connection with this Agreement it will:
(a) immediately notify the Consumer, Retailer or User of the details of the incident and
(b) promptly initiate a full investigation into the circumstances surrounding the incident and make any reports of notes of the investigation available to the Consumer, Retailer or User;
This Agreement shall be governed by and construed in all respects in accordance with South African law and the Courts of the Republic of South Africa shall have exclusive jurisdiction. If any provision or any part of this Agreement is held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, such provision or part shall to that extent be deemed not to form part of this Agreement but the enforceability of the remainder of this Agreement shall not be affected;
10. ADDRESS FOR NOTICES
Street Gear chooses the following address for the receipt of notices, processes, documentation and communications. Should any communications not be directed to the addresses below, Street Gear reserves the right to deem such notices, processes or communications as undelivered and incorrectly served.
Enquiries to: email@example.com
Physical Address: 296 Jan Smuts Highway, Durban, KwaZulu-Natal, South Africa
Customer Services Number: 031 836 5810