This page contains the terms and conditions ("T's & C's") on which you purchase and we sell the items offered for sale on this website.
- In order to enter this agreement with us, you must have contractual capacity.
- You must also be legally entitled to use the credit card, debit card or another payment mechanism to be used to make the purchase. We reserve the right to select which banking cards and payment mechanisms are acceptable to us and to amend this selection at any time.
- You must be able and willing to correspond with us exclusively in the English language.
- You are advised to read this page cautiously, taking care to understand each of the provisions that apply to the sale of the item or items you wish to purchase. Should you decide to place an order, you will be deemed to have read and understood the entire contents of this page and will be bound by all these Terms and Conditions.
- Before proceeding further please note that S.P.C.C does not offer or make any representation, warranty or provision/s other than those contained in these Terms and Conditions, and therefore you should not continue to transact on this Site or accept these Terms and Conditions if you perceive there to have been an implied or express representation, warranty or provision made to you, and which has induced you to visit this Site.
- You may wish to retain a printed copy of these Terms and Conditions for reference purposes in connection with your purchase, however, please be advised that we reserve the right to amend the Terms and Conditions at any time, and you should therefore always read this page before making future purchases. Nothing in these Terms and Conditions is intended to deprive you of your rights or to avoid our obligations in terms of consumer protection legislation, and if any provision purports to do so it shall be interpreted as being subject to such legislation or if such interpretation is not possible, to be severable from the Terms and Conditions, which shall then be read as if the offending provision had not been included therein.
Terms and Conditions of Purchase and Sale: S.P.C.C Store and the Customer:
- PREFACE
1.1 You are contracting with S.P.C.C Store, a division of Pepkor Trading (Pty) Ltd ("S.P.C.C").
1.2 http://www.spccstore.com (“the Site”) is the trading business operated by Pepkor Trading (Pty) Ltd.
1.3 The Site is in the business of selling various fashion items to customers via a web-based purchase and sale transaction.
1.4 Every transaction on the Site is subject to these Terms and Conditions, with no exceptions whatsoever.
1.5 Accordingly, by using the Site, and/or registering an account with S.P.C.C, and/or placing an order and/or conducting a Transaction on the Site you are confirming in each instance your legal acceptance of, and agreement to be bound by these Terms and Conditions, as may be amended from time to time.
These Terms and Conditions constitute a framework agreement between S.P.C.C and you, enabling us to enter into Transactions from time to time, with the details of each specific Transaction being contained in the documentation relevant to that particular Transaction, but in all instances subject to the provisions of these Terms and Conditions.
- WHOLE AGREEMENT
2.1 These Terms and Conditions apply to each and every purchase and sale made or to be made on this Site.
2.2 Your submission of order on this Site indicates your unreserved acceptance of these Terms and Conditions, applicable from the time of your order until and subsequent to your receipt of the ordered item or items.
2.3 We retain the right to modify these Terms and Conditions from time to time and will publish the revised Terms and Conditions on the Site. Modifications to these Terms and Conditions will not operate retrospectively, and applicable Terms and Conditions will accordingly be those that are published at the time of your use of the Site and/or a Transaction in terms hereof.
2.4 Each instance of your use of the Site will be considered to be your express recognition and acceptance of the Terms and Conditions then published on the Site.
2.5 We reserve the right to discontinue making the Site or any part thereof available with or without notice to you.
2.6 You may not amend, delete or add to these Terms and Conditions in any manner whatsoever. If you attempt to do so, any such purported amendment, deletion or addition will be of no force or effect.
2.7 Notwithstanding the above, your statutory and/or consumer rights are not affected by these Terms and Conditions. - REGISTRATION
3.1 Before making your initial order you need to register an account on this Site, and provide the personal information that is required for the registration process.
3.2 By submitting the required information you are warranting that all information is true and correct, and agree that you will be held fully responsible and/or liable for the consequences of submitting false or incorrect information.
3.3 It is your sole responsibility to update your account details should they change at any time after registration.
3.4 You are wholly responsible for the activity that takes place on your account, and you confirm your awareness of the need to keep your account user name and password sufficiently secure.
3.5 You shall inform us immediately if you become aware of or suspect that your account credentials have been compromised or if your account has been used without your permission. - THE ITEMS
4.1 We will sell various fashion and fashion-related items from time to time, offering the available items for sale on the Site.
4.2 We have used our best endeavours to reflect the Items offered for sale in a factual and true light, but are not responsible for slight variations that may appear as a result of various factors, such as but not limited to your physical environment and electronic equipment used to view the Items.
4.3 You select an Item or Items of your own volition and are solely responsible to determine whether your choice is appropriate for your particular needs.
4.4 The Items offered for sale by us are standard stock, without any option of customisation. We, therefore, do not guarantee that any Item/s will meet personal and distinct requirements of specific nature. - THE TRANSACTION
A “Transaction” consists of:
- The selection of an Item or Items
- The placing of an order
- Payment by you, and
- Acceptance of your order
5.1 Selecting an Item
5.1.1 Once you have registered an account on this Site and wish to make a purchase, you need to adhere to the directives on the Site in regard to placing an order, submitting an order and making payment.
5.1.2 The price of any Item offered for sale on the Site will be the price that is reflected in respect of that Item on the date on which you place your order.
5.1.3 S.P.C.C Gift Cards or Vouchers purchased/received in-stores may not be redeemed online. Only in-store.
5.1.4 The validity of the price as referred to in 5.1 above will not be affected by a price you may have seen in respect of the selected Item either before or after the day on which you place your order.
5.1.5 Once you have selected your Item/s and placed an order ("your Order"), we will confirm the currency in which you will be required to make payment, and be advised of the total amount to be paid, inclusive of:
5.1.5.1 the price of the Item/s;
5.1.5.2 any applicable taxes;
5.1.5.3 any applicable charges for delivery; and
5.1.5.4 any other charges that may apply to the transaction.
5.2 Placing your Order
5.2.1 In each instance that you submit an Order on this Site, you agree that you do so subject to these Terms and Conditions, as published at the date you submit your Order. You are responsible for reviewing the latest Terms and Conditions each time you submit your Order.
5.2.2 After you have submitted your Order you will receive confirmation from us that your Order has been received, which does not amount to our acceptance of your Order, and is simply an acknowledgment that it has been received.
5.2.3 After submission, your Order will be open for our acceptance until such time as we advise you of our acceptance or until you retract the Order, whichever occurs earlier.
5.2.4 Once we have confirmed acceptance of your Order, a binding contractual transaction is created, and your Order may therefore not be retracted once we have accepted it.
5.3 Payment
5.3.1 At the time of placing your Order, you will make payment in full for the Item/s you have ordered.
5.3.2 Payment must be made by the use of a debit or credit card issued to you by a financial institution that is considered acceptable to us, via the payment process available on the Site.
5.3.3 Should you make use of a debit or credit card, the account or facility accessed via the use of the card must have sufficient funds or credit available for the full cost of the intended purchase of the Item/s.
5.3.4 We will not administer your Order until such time as payment has been made by you and we have confirmation of funds having been received.
5.3.5 We reserve the right to:
5.3.5.1 conduct a credit check should we, in our sole discretion, deem it to be necessary for any reason;
5.3.5.2 request and/or acquire or authentication of your payment details from yourself or from any relevant financial institution, or to make any inquiries we deem necessary in respect of your details or proposed payment; or
5.3.5.3 to limit the payment method available to you and/or to direct you to make payment in the manner required by us.
5.3.6 We will not be obligated to supply or deliver Item/s to you until such time as we have accepted your Order and received the cleared funds after your payment envisaged in this clause 5.3
5.3.7 No store issued voucher can be used online.
5.3.8 No Purchases can be made online using your store Account.
5.4 Acceptance of your Order
5.4.1 If we accept your Order we will send you, via email, an official Despatch Confirmation Form, advising you of your Order reference number and confirming in express terms that your Order has been accepted.
5.4.2 Acceptance by us will be effective once we have transmitted the email referred to in 5.4.1 and will constitute valid acceptance irrespective of whether you, in fact, receive the email.
5.4.3 We are under no obligation whatsoever to accept your Order, and unless effective acceptance has taken place, we are entitled to reject your Order in our sole discretion and without providing you with a reason for our decision.
5.4.4 Should we exercise our right to reject your Order, you will be informed of such fact and your payment will be refunded to you.
5.4.5 Similarly, prior to acceptance being effected by us, you may cancel your Order and request that your payment is refunded, which we will do.
5.4.6 Only the official Despatch Confirmation Form referred to in 5.4.1 will constitute acceptance in accordance with these terms. Any other communication sent to you from us will not be construed as acceptance, irrespective of whether such communication is in regard to or in any way related to your Order.
5.4.7 If we reject your Order due to unavailability of the Item/s you have selected, we may, but are not obliged, to suggest substitute Item/s, and in the event that you wish to order the substituted Item/s, you will be required to place a new Order.
6. YOUR WARRANTIES IN REGARD TO THE TRANSACTION
6.1 You warrant, if you make use of a debit or credit to effect payment to us, that the card is your own card and that you are legally entitled to transact with the relevant card.
6.2 You warrant that all details submitted to us in connection with the transaction are correct and accurate.
6.3 You warrant that you will notify us of any changes in your account details on an ongoing basis, to ensure that our record of your information remains up to date.
7. BINDING AGREEMENT
7.1 A binding agreement between us is created at the time that acceptance of your Order takes place.
7.2 This binding agreement is in respect of the Item/s duly listed in the Despatch Confirmation Form, which may not be all the Items that you had included in your Order.
8. DELIVERY OF ITEM/S
8.1 You will nominate your delivery address when you place your Order.
8.2 Subject to the further provisions of these Terms and Conditions, there is a charge for the delivery of purchased Items.
8.3 Notwithstanding the delivery periods indicated on the Site, and due to factors decimal our control, we do not and will not guarantee an exact delivery date.
8.4 We cannot guarantee delivery to every possible location, and accordingly, may request that you provide us with an alternate delivery address should we be unable to deliver to the address you originally selected. In such a case you may elect to cancel your Order and request that your payment is refunded.
8.5 You will not have any claim of any nature whatsoever against us as a result of or related to delivery within a time period that differs to that published on the Site.
8.6 If you are not accessible for delivery on the date advised in the Despatch Confirmation Form:
8.6.1 we or our appointed agent may communicate with you in regard to arranging a second delivery date; or
8.6.2 we may advise you that you need to collect your Item/s from a designated point no less than 10 days after the original delivery date.
8.7 If you have agreed to allow a responsible third person at your delivery address to accept delivery on your behalf, then you will have no claim against S.P.C.C or its delivery agent/s for loss or damage (excluding fault/s intrinsic to the Item/s) if delivery is proved to have been effected to such responsible third person. For the purposes of this clause a ‘responsible third person’ will be a person over the age of 16 years, resident or employed at the nominated delivery address, and delivery will be ‘proved’ by the delivery agent being able to provide the signature of the said responsible third person on the relevant delivery documentation.
8.8 If you unjustifiably (in our sole discretion) refuse to accept delivery, or fail to collect your Item/s in terms of 8.8.2, then:
8.8.1 we may elect to immediately cancel our agreement, retain the Item/s, and refund your payment, in which case we reserve the right to deduct our administration charges (including but not necessarily limited to storage and delivery charges) before effecting the refund; or
8.8.2 we may offer you an extended period within which to collect the Item/s or arrange for a further delivery attempt, subject in either case to your prior payment of our storage, delivery and any other charges, which will be invoiced to you once the alternate arrangements have been confirmed.
8.9 Our remedies set out in this clause are in addition to any others set out in these Terms and Conditions or available at law, and if we elect to act in terms of this clause 8, it will not affect our right to apply the aforementioned other remedies should we choose to do so.
9. RECEIPT OF ITEM/S
9.1 If a date and time for delivery are arranged with you (by S.P.C.C or its appointed delivery agent), it is your responsibility to make yourself available at the date and time so arranged.
9.2 If delivery is effected directly to you by our delivery agent:
9.2.1 you will inspect the Item/s for incorrect selection, apparent defects or obvious damage before you accept delivery of the Item/s;
9.2.2 if you do not accept delivery due to any perceived problems with the Item/s, you will instruct the courier to retain the Item/s and return it/them to us; and
9.2.3 if you accept delivery, you will retain the documentation provided by the courier, as well as the original packaging of the Item/s, in the event that you become dissatisfied with your purchase at a subsequent time and wish to address this with us.
9.3 If delivery is effected to a responsible third person in terms of 8.7 and your delivery instructions:
9.3.1 you will inspect the Item/s for incorrect selection, apparent defects or obvious damage on your receipt of the Item/s;
9.3.2 if you are dissatisfied with the Item/s you will notify us within 24 hours of your receipt of the Item/s of the reasons for your dissatisfaction; and
9.3.3 we will then enter into correspondence with you in regard to your dissatisfaction and the options available to both parties.
9.4 You are advised to exercise due care when opening the package that is delivered, and cautioned against the use of sharp objects when doing so.
10. RISK & OWNERSHIP IN THE ITEM/S
10.1 Risk and ownership in and to the Item/s passes to you on effective delivery.
10.2 If delivery is delayed for any reason other than the fault of S.P.C.C, then risk will pass on the day on which delivery would have been effected but for the delay, and ownership will pass on the day that you actually receive the Item/s.
11. TERMINATING A TRANSACTION
A Transaction may be validly terminated in the following limited circumstances, as well as may be mentioned elsewhere in this document:
11.1 We may terminate the transaction if all the Items you have ordered (or in the case of ordering a single Item, the Item you have ordered) are/is unavailable for any cause whatsoever, and in such instance:
11.1.1 We will inform you of the unavailability as soon as reasonably possible;
11.1.2 We will refund the payment that has been made in respect of the unavailable Item;
11.1.3 If a number of Items have been ordered simultaneously, and not all Items are unavailable, we will refund you in respect of the unavailable Item/s and proceed with the Transaction in respect of the Items that are available.
11.2 In the case of 11.1.3 above, if you wish to terminate the Transaction in its entirety due to the unavailability of an Item or certain Items, you must advise us of your wish to do so within 24 hours of our informing you in terms of 11.1.1, failing which, you will be deemed bound by the Transaction and we will proceed with delivery of the remaining Item/s ordered by you.
11.3 If you wish to withdraw a confirmed Order for any other reason, you must inform the S.P.C.C Customer Care Centre at the contact details shown on the Site, and advise us accordingly.
11.4 If you act in terms of 11.3, the transaction will be terminated, and your payment refunded, only if we have not yet packaged and forwarded your Order to our delivery agent, and if termination is not possible for this reason, you will be required to return the Item/s, and will, therefore, be subject to the terms governing returns, as set out in this agreement.
12. VOUCHERS
12.1 You may have the option of redeeming valid Online S.P.C.C vouchers in order to purchase Items from the Site, such vouchers being issued:
12.1.1 as gift vouchers which are purchased on the Site and sent by email to the intended recipient; or
12.1.2 as promotional offers to certain S.P.C.C customers from time to time.
12.2 Gift cards purchased in-stores cannot be used for online purchases & vice versa.
12.3 Each voucher will contain a unique reference code, being the means by which a voucher is identified as valid and which must be quoted when redeeming the voucher.
12.4 The vouchers referred to in 12.1.1 and 12.1.2 may NOT be used to purchase any Items (excluding gift vouchers) offered for sale on the Site, and will be considered to have been redeemed when the voucher is selected as the payment mechanism and unique code referred to in 132.2 is quoted in a Transaction on the Site.
12.5 If you purchase a gift voucher:
12.5.1 you are entirely responsible for providing the correct email address to which the voucher is to be sent, whether the voucher is sent to you or should you wish S.P.C.C to email the gift voucher directly to the recipient on your behalf; and
12.5.2 it may be transferred from one person to another and is not required to be redeemed by the named recipient.
12.6 If you receive a promotional voucher, you will receive an advisory email and the voucher may then be accessed via your ‘Profile’ on the Site and used to purchase Item/s on the Site, provided that:
12.6.1 it may contain specific limitations as to Item or brand selection, and these limitations will not be waived;
12.6.2 it may not be used with another voucher in a single Transaction;
12.6.3 it may not be used on any Sale items on the Site.
12.6.4 it may not be used for more than one Transaction; and
12.6.5 if the total cost of the ordered Items is less than the value of the promotional voucher, then you will forfeit the balance of the voucher because no credit will be allocated for the remaining value.
12.7 In respect of both a gift voucher and a promotional voucher, the following terms apply:
12.7.1 Interest will not accrue on the value of a voucher;
12.7.2 Vouchers may not be redeemed for cash;
12.7.3 Vouchers must be redeemed before the indicated expiry date;
12.7.4 If the total cost of the ordered Items is more than the value of the voucher you will be required to make payment of the difference between the total cost and the voucher value, and in such case, the provisions of these Terms and Conditions regarding payment will apply;
12.8 Gift cards/ Vouchers purchased in-store will not be accepted online.
12.9 S.P.C.C will not be held legally responsible or accountable for the loss, misuse or theft of a voucher, and you or the recipient are therefore cautioned to treat the voucher with due care; and
12.10 If you take or attempt to take any action in regard to a voucher that amounts or may (in our sole opinion) amount to falsification, fraud, or misrepresentation we will take the steps we deem necessary in the circumstances, including but not necessarily limited to the immediate cancellation of this agreement and the termination of your account on the Site.
13. 10% DISCOUNT COUPON CODE
13.1 A 10% discount is available to first-time SPCC shoppers who subscribe to our newsletter.
13.2 This discount applies only to the first purchase made by a new customer.
13.3 The discount cannot be combined with other offers or promotions unless explicitly stated by SPCC.
13.4 SPCC reserves the right to modify or discontinue the first-time shopper discount at any time without prior notice.
13.5 This discount applies to purchases made on [www.spccstore.com](https://www.spccstore.com). If the coupon is shown in store, the sales person will then assist the customer with their purchase via the SPCC online store, the order will be processed as per the online store guidelines.