TERMS & CONDITIONS
The following rules and regulations apply to all visitors to or users of the GUESS South Africa Web Site. By using this Web site, you agree to be bound by these rules and regulations, as they may be modified by GUESS at any time and posted on this Web site. In the event of a violation of these rules and regulations, BACHIQUE 705 (PTY) LTD reserves the right to seek all remedies available by law and in equity.
DETAILED DESCRIPTION OF GOODS AND SERVICES OFFERED
GUESS is an American clothing brand and retailer. In addition to clothing for men, women and kids, GUESS markets and sells other fashion accessories such as watches, jewellery, perfumes, and shoes in South Africa. The GUESS brand was established in 1981.
Guess.co.za shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA).
The Conditions will be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.
GUESS South Africa Web Site and all of its content, including, but not limited to, its software or text, artwork, photographs, icons, images, video, and audio (collectively, “Content”) are protected by copyright laws and other South Africa and international laws and agreements. All Content is provided by BACHIQUE 705 (PTY) LTD as a service to its current and prospective customers and may be used only for personal informational and product ordering purposes.
No right, title or interest in our Content is conveyed to you. The Contents of this Internet site, and this site as a whole, are intended solely for personal, non-commercial use by the users of this site. You may download or copy the Contents and other downloadable materials displayed on this site for your personal, non-commercial use only, provided you do not modify, obscure, or delete any copyright or other propriety notices on this site. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, this site, or any related software.
TRADEMARKS TERMS & CONDITIONS
GUESS is a registered trademark of BACHIQUE 705 (PTY) LTD and its subsidiaries.
GUESS graphics, logos, page headers, button icons, scripts and descriptions are the trademarks of guess.co.za
GUESS trademarks may not be used in connection with any product or service that is not GUESS, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits GUESS.
All other images, trademarks, logo's, slogans not owned by GUESS that may appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by GUESS. We have however been given permission as stockists to make use of these trademarks, logos, slogans and images.
You may only use this site to browse the content, make legitimate purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent purchase. This site and the content provided may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed. Unauthorized use of this site and/or materials contained in this site may violate copyright, trademark or other intellectual property laws or other laws.
No license to the use of such trademarks, names, all images, logo’s or trade dress is granted to you under these terms and conditions or by your use of the GUESS South Africa Web Site. Your misuse of the trademarks displayed on the GUESS South Africa Web Site is strictly prohibited. You are also advised that BACHIQUE 705 (PTY) LTD will enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.
THIRD PARTY LINKS
In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
In addition, certain Third Party Sites also may provide links to the GUESS South Africa Web Site. None of such links should be deemed to imply that BACHIQUE 705 (PTY) LTD endorses the Third Party Sites or any content therein.
PEACE OF MIND
Buying products on the internet may be worrying, because you cannot see or touch the product you wish to order. In light of this we will arrange to pick and refund you for any products that didn’t quite match up to your expectations. Just contact us within 2 days of our delivery to you and we will arrange collection of any unused products and refund you when it gets back to our warehouse. Unused means: physically undamaged, tags and marketing material attached and in original packaging.
You are entitled to cancel your order, without reason and without penalty in terms of the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"):
- within 7 days after your receipt of the Products; or
- within 7 days of your receipt of an Order Confirmation
You will be required to pay the direct cost of returning the Products to us if returned in terms of this clause.
If you cancel the order in terms of this clause, you will be entitled to a refund after deducting costs of delivery, which we will pay within 21 working days of the date of cancellation.
RISK AND OWNERSHIP
Risk in the Products shall pass to you upon delivery by us at the nominated Delivery Address.
Until we receive full payment in cleared funds for the products ordered, ownership in the products shall remain with us.
PAYMENT OPTIONS ACCEPTED
Payment may be made via Visa, Master Card, Diners or American Express credit cards or eft, the details of which will be provided on request.
CREDIT CARD SECURITY
Credit card transactions will be acquired for guess.co.za by Peach Payments who are the approved payment gateway for Nedbank of South Africa. Credit Card Acquiring and Security Credit Card transactions will be acquired by Peach Payments who are the approved payment gateway. Customer Details will be stored separately from Card Details, which may be entered by the customer on the guess.co.za website.
MERCHANT OUTLET COUNTRY AND TRANSACTION CURRENCY
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is ZAR (South African Rand).
The offering on this website is available to South African clients only unless otherwise arranged. Responsibility
Guess.co.za takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer services and support, dispute resolution and delivery of goods.
COUNTRY OF DOMICILE
This website is governed by the laws of South Africa and guess.co.za chooses as its domicilium citandia et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature:
BACHIQUE 705 (PTY) LTD
Cnr Silverstone and Van Riebeeck Avenue
When you click to make a purchase with us legal obligations arise and your right to refund of monies charged to your credit card or paid in any other way agreed by us, are limited by our terms and conditions. You must not make a purchase through this site unless you understand and agree to all our terms and conditions. Once payment is made for your purchase, it is deemed that you have read and understood the terms and conditions. We can only deliver to addresses in South Africa. If you have any queries, please contact us at email@example.com or call us before making any purchase through this website.
Subject to availability and receipt of payment, requests will be processed within 2 working days and delivery confirmed by way of an order number/tracking number via email or sms. Upon purchasing any items on this website, the prices on the website do not include any Delivery/ Shipping costs.
We reserve the right to charge a reasonable fee for the delivery of orders to you. The total cost of delivery will be confirmed in the Order Confirmation.
CANCELLATIONS, RETURNS AND REFUNDS
If you are a consumer in terms of the Consumer Protection Act 68 of 2008 (“CPA”) and any Products delivered by us are not of the type and quality or description specified on the Site, you may, within 14 business days of delivery, return these Products (at our risk and expense) in exchange for a full refund.
If you are a consumer in terms of the CPA and you received any Products which:
- contain any defects, failures, hazards or are otherwise unsafe (as defined in section 53 of the CPA); and/or
- do not comply with sections 55 and 56 of the CPA (for example, they are not defect-free, of a good quality or reasonably suitable for the purpose for which they are generally intended), you may decide, within 6 months from the date of delivery, to return these Products to us, or have them replaced or repaired by us, at our risk and expense and without penalty.
RETURN AND REFUNDS POLICY
The Provision of goods and services by guess.co.za is subject to availability. In cases of unavailability, guess.co.za will refund the client in full within 21 working days. Cancellation of bulk orders by a customer may attract an administration fee.
If you decide to return something for any reason outside of it being defective, late or a wrong product has been received then you will have to cover the cost of delivering the item to us. If the reason for the return is because of errors on our side then we will cover the costs of returning the item to us.
Please note that unfortunately we cannot exchange nor refund items of a personal nature i.e. underwear, swimwear, earrings for hygiene reasons.
STORE RETURN AND REFUNDS POLICY
We will exchange any product purchased from this site, provided that:
- The product is in a “as new” saleable condition as determined by us in our sole discretion
- You return the product to one of our stores, within 14 days after that date that you received the product
- You are in possession of a valid proof of purchase
Product that has been altered or damaged due to negligence or normal wear and tear does not qualify for a refund or exchange.
DISCLAIMER OF WARRANTY
The contents of this site are provided "as is" without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement.
The owner of this site, the authors of these contents and in general anybody connected to this site in any way, from now on collectively called "Providers", assume no responsibility for errors or omissions in these contents.
The Providers further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of these contents. The Providers shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including -without limitation- data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Providers have been informed of the possibilities of such damages. The Providers cannot assume any obligation or responsibility.
BACHIQUE 705 (PTY) LTD controls this Web Site from its offices within South Africa and does not imply that the materials published on this Web Site are appropriate for use outside of South Africa. If you access this Web Site from outside of South Africa, you do so on your own initiative and you are responsible for compliance with local laws.
The use of these contents is forbidden in those places where the law does not allow this disclaimer to take full effect.
LIMITATION OF LIABILITY
In no event will BACHIQUE 705 (PTY) LTD be liable to any party for any direct, indirect, incidental, special, consequential or punitive damages for use of this site or any other hyperlinked web sites including, without limitation, lost profits or revenues, costs or replacement, business interruptions, loss of data or damages resulting from use of or reliance on the information present, even if BACHIQUE 705 (PTY) LTD is expressly advised about the possibility of such damages.
THE USE OF THE SITE BY CHILDREN
The Site is not targeted at children under the age of 18. We will not knowingly collect information from persons in this age group. We encourage parents to talk to their children about the use of the Internet and information they disclose to websites.
We are constantly updating our website at which means at times you may bump into errors. As you know, no system is perfect, please report these so we may rectify the situation via firstname.lastname@example.org.
We reserve the right to:
- Modify or withdraw, temporarily or permanently, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
- Change these Conditions from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
- We will use our reasonable endeavors to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control.
Your continued use of this Web Site after any changes to these terms are posted will be considered acceptance of those changes.
This website is run by BACHIQUE 705 (PTY) LTD based in South Africa trading as GUESS and with registration number 2017/440068/07
GUESS CONTACT DETAILS
Telephonic Support: 087 150 2220
Email Support: email@example.com