Website Terms and Conditions of Use Relating to www.johncraig.co.za
These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of the John Craig (Pty) Ltd (“Provider”) website located at the domain name www.johncraig.co.za (“the Website”) and all transactions entered into by the User via the Website. By accessing and using this Website the User warrants that he/she is 18 (eighteen) years old or older and in possession of a valid credit or debit card, acceptable to the Provider and agrees to be bound by the Terms and Conditions set out in this legal notice. The User may not access, display, use, download, and/or otherwise copy or distribute Content obtained on the website for marketing and other purposes without the consent of the Provider.
By using this Website or communicating with the Provider by electronic means, the user consents and acknowledges that all agreements, notices, disclosures, or other communications satisfy any legal requirement, including but not limited to the requirement that such recordals and communications should be in writing.
E-Commerce & Privacy
The Website sells Men’s clothing and accessories online. The use of any product or service bought via this Website is at the Users’ risk. The User indemnifies and holds the Provider harmless against any loss, injury or damages which may be sustained as a result of the use of the Website or purchase or use of the products sold via the Website. In particular the User indemnifies the Provider against any claim or loss of whatsoever nature flowing from the use of the Website by the User.
The private information required for executing the orders placed through the e-commerce facility, namely the User’s personal information and credit card details, delivery address and telephone numbers will be kept in the strictest confidence by the Provider and not sold or made known to third parties. Only information such as the delivery address and contact phone number of the User will be made known to third parties delivering the product. Credit card details are not kept by the Provider under any circumstances.
The Provider cannot be held responsible for security breaches occurring on the User’s electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.
The Provider will supply all products ordered by the User to the courier for delivery to the User. The Provider will not be held liable for the condition of products arriving at the User’s chosen delivery address.
MyGate Payment Gateway
Some online credit card payments are processed by the MyGate Internet Payment Gateway. Users may go to www.mygate.co.za to view MyGate’s security policies.
Some online credit card payments are processed by the PayPal. Users may go to www.paypal.com to view PayPal’s security policies.
Refund and Return Policy
The Provider is always striving to streamline its processes. To give our customers the ultimate shopping experience the Provider has upgraded to a new and easier way to return the User’s unwanted items.
If the User is not satisfied with the product purchased he/she has 14 (fourteen) days from date of delivery thereof to return it. The User can do so by logging into his/her account (top right hand corner of the website) and clicking on My Orders. The User’s order history will be displayed, along with an option to return any of the items ordered. Select the “return order” option and continue to the next page to be redirected to a page displaying the necessary information for completion.
If the User wishes to exchange an item for a different colour, size or model or just cancel an initial order and order a new product, the User must log in to JohnCraig.co.za, then go to his/her account details, click on My Orders, select Return Product, and select to exchange the product for another. The returned item / cancelled order will be collected, free of charge, at the time of delivery of the new order.
Remember, the Provider’s courier will only come and collect the product, free of charge should it be returned within 14 (fourteen) days of date of delivery thereof. Any returns after 14 days will be collected by a courier appointed by the Provider on condition that the Customer will be liable for the cost.
If the User opts to use any other delivery method it will be at the full risk and for the account of the User.
The provision of goods and services is subject to availability. Should the product be unavailable, the Provider will refund the User in full within 30 days. Cancellation of orders by the User will attract a 10% charge for administration costs.
The Provider reserves the right to cancel an order for which payment has already been received. This may occur if stock is insufficient or the quality of goods ordered does not meet the Provider’s standards. Should the Provider exercise this right, the User will receive a full refund with no deductions.
Any complaints regarding the standard and quality of the product or products bought by consumers through the e-commerce facility should be directed to the e-Commerce Manager on, 0861 527 244 or email@example.com.
Once the Provider has received and inspected the returned item(s), it will refund the User within 5 (five) business days. In the case of a product purchased with gift vouchers or promotional vouchers, the Provider reserves the right to refund any amounts due to the User for returned products by crediting the User’s account with the value of the order.
No Delivery fees will be refunded and the cost of returning the goods after 14 days from delivery will be for the User’s account. Consequently, if upon receipt of the product the User is not satisfied with his/her choice of product(s) and wishes to return it for a refund as aforesaid, the product(s)’ original packaging should be retained and the product should not have been worn by the User.
If the wrong product is delivered to you by mistake (i.e. it is not the product purchased), the product should not be removed from its original packaging or tried on at all. The e-Commerce Manager should be contacted promptly on 0861 527 244 or email firstname.lastname@example.org to notify the Provider thereof, so that the Provider can resolve the mistake by arranging to collect such product from you and delivering the correct product to the User as quickly as possible.
All cell phones bought via the Website will be exchanged within 7 days if the phone is faulty (factory fault). After 7 days phones will be booked in for repairs on the terms and conditions of the manufacturer.
The User may not under any circumstances return the following:
- Non-defective products that have been “made to order”. (Users will be notified in the relevant Online Sale if the products are “made to order”.)
- Opened non faulty cellular items.
- For hygiene reasons, due to their nature: non-defective underwear.
- Products that the User or any other person has altered, repaired, incorporated or added to where such alteration, repair, incorporation or addition has not been authorized by the Provider.
The Provider’s delivery times are within 5 working days for main city centres and within 7 working days for outlying areas. The Provider is committed to delivering products on time as promised. However, the User acknowledges that circumstances could arise which may cause delays. The Provider is thereof unable to guarantee that all orders will be delivered within the stipulated time frame.
Once the User’s order has been placed, the Provider cannot change the prescribed delivery address. Should the User have any issues the e-Commerce Manager should be contacted on 0861 527 244 or email@example.com
For the purpose of delivery, the Main City Centres are:
Bloemfontein, Cape Town, Durban, Johannesburg, George, Pretoria, Port Elizabeth, East London, Pietermaritzburg, Nelspruit, Polokwane and Kimberley can expect delivery within 5 working days of placing an order and payment was received.
Expect delivery within 7 working days.
Note: a day refers to a normal business day and excludes Saturdays/Sundays and public holidays.
The counting of delivery days depends on the User’s payment method:
- EFT – The next working day after payment has been received
- Non EFT (CC/DD & PayPal & Account & InstantEFT) – The next working day after the order has been placed
As soon as the User’s order is dispatched from the Provider’s warehouse, the User will be sent an e-mail to confirm that the package is on its way. If the Provider is unable to meet the estimated delivery date it will not be liable for any losses, costs, damages, charges or expenses arising from the late delivery. If the User is unavailable to take delivery or collection the Provider may leave a card giving the User instructions on either re-delivery or collection of the product from the courier.
Any delivery is subject to acts or incidences which are beyond the control of John Craig due to force majeure including (but not limited to) inability to secure labour, power, internet services, GSM network connectivity, materials or supplies, or by any act of God, war, civil disturbance, riot, state of emergency, strike, lockout, or other labour disputes, fire, flood, drought or legislation.
Tracking and Delivery
To follow the process of execution of an order, the User is advised to use the tracking ID / order number sent to him/her in the confirmation e-mail. Upon delivery of the product, i.e. before signing for the delivery, the User agrees to inspect the product for any fault, defect or damage. As a precaution, the User will keep the receipt of the delivered product. In the rare circumstance that the ordered item has a defect or is missing from the order as delivered, the e-Commerce Manager should be contacted on 0861 527 244 or firstname.lastname@example.org
Updating of these Terms and Conditions
Provider reserves the rights to change, modify, add, replace or remove portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
Copyright and Intellectual Property Rights
Provider provides certain information on the Website. Content currently or anticipated to be displayed on this Website is provided by Provider, its affiliates and/or subsidiary, or any other third party owners of such content, and includes, but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“the Content”). All such proprietary works and the compilation of the proprietary works, carry the copyright of the Provider, its affiliates or subsidiaries, or any other third party owner of such rights (“the Owners”), and is protected by South African and international copyright laws. The Provider reserve the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.
Limitation of liability
The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Provider makes no warranty or representation as to the availability, accuracy or completeness of the Content. Neither Provider nor any holding company, affiliate or subsidiary of Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if Provider is expressly advised thereof.
Use of Website
The User shall not do anything or permit any third parties to do any of the following:
- Post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, pornographic, or profane information of any kind, including without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, provincial, state, national or international law;
- Post or transmit any information or software that the sender is aware contains a virus or other harmful component;
- Upload, post, publish, transmit, reproduce or distribute in any way information, software or material which is protected by copyright or other proprietary right without obtaining the permission of the copyright owner or right holder;
- Account sharing, including, without limitation, letting third parties use his/her account and password
Privacy: casual surfing
The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. Provider uses this information to determine use of the Website, and to improve Content thereon. Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.
Choice of Law
This Website is controlled, operated and administered by Provider from its offices within the Republic of South Africa. Access to the Website from territories or countries where the Content or purchase of the products sold on the Website is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Witwatersrand High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.