Terms & Conditions

Jasmine Fashion Design Studio is a business in the fashion industry that retails clothing both online and from a store.

Please take a moment to read the terms and conditions of our website to ensure you fully understand how they apply to your online purchases.

If you have any questions regarding our website, the Terms and condition and / or our products, please contact us.

Email - jasminefds@icloud.com

TERMS & CONDITIONS APPLY

Website Terms and Conditions of Use Relating to www.jasminefds.com;

This website is managed by Jasmine Fashion Design Studio (Pty) Ltd based in South Africa – Reg. no K2015178312

These Terms and Conditions ("the Terms and Conditions") govern your ("the User") use of the Jasmine Fashion Design Studio (Pty) Ltd ("Provider") website located at the domain name www.jasminefds.com ("the Website"). By accessing and using the Website, the User 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.

Consumers who make use of this site agree to these terms. If not, consumers are requested not to use this site.

GOVERNING LAWS

The use of this site is subject to the following terms and conditions as well as the governing laws of South Africa.

Jasmine Fashion Design Studio chooses as its domicillium citandi et executandi for all purposes under this agreement, weather in respect of court processes, notices, or other documents or communication of whatsoever nature to be 256 Boshoff Street, Nieuw-Muckleneuk, Pretoria.

Consumers engaging in online purchasing are to familiarise themselves with the Electronic Communications and Transactions (ECT) Act - you can read this at http://www.internet.org.za/ect_act.html

Please note that the ECT Act contains provisions specific to consumer and retailer rights and responsibilities which overrule certain provisions within the Consumer Protection Act.

GENERAL TERMS

Jasmine Fashion Design Studio take responsibility for all aspects related to the transactions for the sales of goods on this website, customer service and support, dispute resolution and delivery of goods.

The use of any product bought from this Website is at the purchaser's risk. The purchaser/ user indemnifies and holds the Provider harmless against any loss, injury or damages which may be sustained as a result of using the products sold on the Website.

All orders will only be confirmed and commerce processing once FULL payment has been received.

Please note that certain products are MADE TO ORDER – this is clearly stated in the product information section of each individual product.

All goods remain the property of Jasmine Fashion Design Studio until paid for in full.

All prices as on the website, online store and Facebook are subject to change – correct prices will be indicated on the invoice.

Prices as on the online store take preference over all other prices published on and in any other marketing formats.

PAYMENT TERMS

All payment will be processed in South African Rands (ZAR)

Direct Bank deposits

Should you prefer you can make a direct EFT bank deposit into our account. The necessary banking details will be sent to you in your order confirmation email, once your order has been placed.

Thank you for your order - an email with the necessary banking details will be sent to you shortly. Orders not paid within 48 hours will be cancelled.

Payments via the other payment options take preference over and above Direct Bank Deposits

Please email your proof of payment to - jasminefds@icloud.com

Order will only be confirmed once payment REFLECTS in our bank account

Purchases made telephonically or by email:

An invoice will be generated and emailed to the client
Payment must be made via EFT within 48 hours or in cash upon collection. Our banking details are on all invoices. Proof of payment is to be emailed to us.
Failure to make payment within 48 hours cannot guarantee the purchase of the item for the client. Items not paid for within the 48 hours will be put on sale again.
Payment will be deemed as made once it has reflected in Jasmine Fashion Design Studio's bank account. Please take this into account when making your payments.

Made to order products - Full payment is required on all made to order or special orders before Jasmine Fashion Design Studio will order such items for a client

A contract is concluded between Jasmine Fashion Design Studio and the client the moment we send you confirmation by e-mail that the ordered goods have been dispatched to you. Only those goods listed in the confirmation e-mail at the time of dispatch will be included in the contract.

COLLECTION FROM OUR STUDIO

Subject to stock availability and receipt of payment, orders will be processed within 7 working days from date of payment reflecting.

Once your order has been processed and is ready for collection you will receive an e-mail advising you that you can collect. In this email our address, as well as days and times for collection is specified.

Should collection of your order not be made within 30 days from the date of it being ready for collection - a charge of R15 per day will be levied for storage until such date as the order is collected. The order will only be released once the storage costs have been paid in full .

DELIVERY TERMS – SOUTH AFRICA

Orders over R450 qualify for free shipping within South Africa – ** within the terms stated below

For orders less than R450 courier charges will apply

Upon checkout - the courier options and respective charges will be given to you to select the one you would prefer.

All SALE or PROMOTIONAL items will be subject to a standard courier charge regardless of product or total cart value.

Jasmine Fashion Design Studio reserves the right to use their preferred courier service depending on your location.

To ensure that your goodies get to you safe and sound (and on time), Jasmine Fashion Design Studio makes use of door-to-door courier (main centres) or Postnet-to-Postnet courier (outlying / regional areas) services. We do not use the SA Postal service. You will be notified upon dispatch of your order and rest assured - we can track your packaged every moment as it makes it way to you.

Main centres are classified as:

Johannesburg

Pretoria

Bloemfontein

Cape Town

Durban

Port Elizabeth

East London

George

Kimberley

Ladysmith

Nelspruit

Polokwane

Potchefstroom

Welkom

Witbank

All other towns and cities are classified as regional areas and will be sent to the closest Postnet.

Farm addresses and rural areas will also be sent to the closest Postnet

Should you live within a farm or rural area and would like the courier to deliver to your door, please select this option in the checkout process – please note additional charges will apply for this service.

Courier fees are subject to change due to supplier charge increases. Should the courier fees be more than charged upon checkout, Jasmine Fashion Design Studio reserves the right to charge additional courier or send to an alternate address for the client. Jasmine Fashion Design Studio will contact the client and make suitable arrangement in such a case.

Date of dispatch vs. Courier lead time

Subject to stock availability and receipt of payment, orders will be processed within 7 working days from date of payment reflecting and handed over to a courier company for delivery (i.e. date of dispatch)

You will be notified once the order has been dispatched and a reference number will be given to you. Orders will take approximately 1-3 working days from date of dispatch (i.e. Courier lead time).

Jasmine Fashion Design Studio used the services of reputable courier services to ensure the timeous delivery of your order. However, unforeseen circumstances may cause delays. Should these circumstances arise, Jasmine Fashion Design Studio will ensue its best efforts to get your order to you, however we cannot be held liable for such delays.

Please provide for extra delivery time over public and / or religious holidays.

Delivery will not be made with cash orders – cash ordered are stickily conducted on a customer collection basis only

Please ensure that the delivery address is correct. If the address is not a postal but a physical address, make sure that someone will be available to receive the order at all times (work address). If the courier is unsuccessful in his attempt to deliver the ordered goods and the order is returned to Jasmine Fashion Design Studio, you will be charged an additional handling fee.

Jasmine Fashion Design Studio does not take responsibility for stolen items, late deliveries or damage caused during the courier of the items. We will ensure that the order is packaged is wrapped as best as possible.

Should you wish to use your own courier services to collect your order from Jasmine Fashion Design Studio, we will gladly assist. No refund or rebate will be provided for the courier charges should you opt to use your own courier services. Furthermore, we do not take responsibility what so ever for the order once the courier service has collected the items. Missing or stolen items, late deliveries or damage caused during the courier of the items with not be subject to replacement or refund.

RETURNS

As per the ECT Act - consumers have a general right to return (a ‘cooling off period’), for seven days after delivery, for any reason, without penalty, but the consumer will be liable for the costs of returning the goods.

If you are not satisfied with any of the products you have bought from us, please notify us at jasminefds@icloud.com within 7 working days of receiving your order.

We will arrange to have the product returned to us via our preferred courier within 2 weeks from date of the notification email.

We reserve the right to levy a 10% administration fee for returned orders (to recover transactional costs) as well as the cost of courier (original cost of sending as well as cost of returning) against the credit note issued.

Cancelled orders before dispatch will be refunded taking into account 10% administration fee (to recover transactional costs).

Jasmine Fashion Design Studio 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 our standards. Should we exercise this right, the User will receive a full refund with no deductions.

Returned items must be returned unused and undamaged, in the original packaging and accompanied with the original invoice. If the original packaging is damaged, please ensure the goods are properly package to ensure that damage does not occur during the return courier.

Jasmine Fashion Design Studio reserves the right to refuse to refund or exchange a product should it be deemed that the product has been used or is not in a condition fit for resale OR and products that you or any other person has altered, repaired, incorporated or added to where such alteration, repair, incorporation or addition has not been authorised by Jasmine Fashion Design Studio.

However, Return of defective goods will be at no charge to the client.

As per the Consumer Protection Act, all products have a standard 6 month manufacturing warranty. Defective items may be returned to Jasmine Fashion Design Studio within this period for either repair, replacement or refund.

If the product is found NOT to be defective and is commercially acceptable, you will NOT be entitled to any repair, replacement or refund but will instead be liable for the costs incurred in having had such product returned to Jasmine Fashion Design Studio and well as the costs of redelivering the product back to you.

A product is NOT defective and you will NOT be entitled to any, replacement or refund under the general warranty above if:

(a) The faults/damage are a result normal wear and tear;

(b) damage arising from incorrect usage of the product;

(d) the item has a reasonable amount of manufacturing or production imperfections, but is acceptable in accordance with the generally accepted commercial practices.

The decision to repair, replace or refund the client remains at the discretion of Jasmine Fashion Design Studio and their respective suppliers.

Once we have received the returned product, we will either repair or replace the product within 30 days or refund you in full for the item within 14 days.

Due to the natural handmade nature of the products – products may differ slightly from the images as on the online store. Every effort has been made to accurately show the size and colour of the products but colours may vary from the pictures. Jasmine Fashion Design Studio may not be held liable for product variations.

Jasmine Fashion Design Studio will not accept the return or cancelation of an order for ANY PRODUCT on the website that is MADE TO ORDER. These products will be found in our special service section under “Custom Order”.

Returns, refunds and exchanges will not be permitted on sale and / or clearance items

All refunds or exchanges will be granted at Jasmine Fashion Design Studio’s discretion.

Jasmine Fashion Design Studio's liability is limited to the replacement of defective products. Products damaged due to normal wear and tear or due to negligence will not be refunded or replaced.

USE OF SITE

This site may not be used for any purpose other than to browse the content, and or to make lawful purchases. This site is protected by copyright law and the content provided may not, under any circumstances, be copied, reproduced, republished, uploaded, posted, transmitted or distributed, without the written consent of the board of directors. This includes all images, product descriptions, page content, blog content and so forth. Unauthorised use of this site and / or its content may lead to the infringement of copyright, trademark and / or intellectual property rights.

By the use of this site, users understand that all the designs and trademarks are registered to Jasmine Fashion Design Studio and hereby accept the terms and conditions. Furthermore, users undertake not to copy/duplicate the trademarks and designs directly or indirectly in anyway and understand the legal implications thereof. Should a user be found to be in violation of this agreement, they will be held liable for all legal costs incurred by Jasmine Fashion Design Studio for any civil action or any legal action deemed necessary against the user.

Jasmine Fashion Design Studio reserves the right, to monitor any activity and content associated with this site. Furthermore, Jasmine Fashion Design Studio may investigate any reported violation of these Terms and Conditions as well as any complaints received and may will not hesitate to take action where deemed appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to a user’s access and/or removing any materials from the Website).

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.

Parties connected to and involved with this site, including but not limited to, the owner, the authors of contents, suppliers and other providers of content (hereafter collectively referred to as “Parties”, assume no responsibility for errors or omissions in these contents.

All parties further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of these contents. Parties 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 Parties have been informed of the possibilities of such damages. The Parties cannot assume any obligation or responsibility.

This privacy policy applies to all the web pages related to this website.

Jasmine Fashion Design Studio shall take all reasonable steps to protect the personal information of is users as required by the Promotion of Accesses of Information Act 2 of 2000 (PAIA)

All the information gathered in the online forms on the website is used to personally identify users that subscribe to this service. 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. The information will not be used for anything other than which is stated in the Terms & Conditions of use for this service. None of the information will be sold or made available to anyone. Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the product.

The Provider undertakes that it has taken all reasonable precautions to secure the credit card processing that is carried out to receive payment for goods sold. 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 Site may collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the Site; the pages that you access while at the Site and the Internet address of the Web site from which you linked directly to our site. This information is used to help improve the Site, analyse trends, and administer the Site.

We may need to change this policy from time to time in order to address new issues and reflect changes on our site. We will post those changes here so that you will always know what information we gather, how we might use that information, and whether we will disclose that information to anyone. Please refer back to this policy regularly. If you have any questions or concerns about our privacy policy, please send us an E-mail.

By using this website, you signify your acceptance of our Privacy Policy. If you do not agree to this policy, please do not use our site. Your continued use of the website following the posting of changes to these terms will mean that you accept those changes.

The Site may use cookie and tracking technology depending on the features offered.

Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customise the Site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.

A cookie is a basic text file that is stored on your device (computer, mobile phone, tablet or other) by a website’s server. Each cookie is unique to your web browser and contains completely anonymous information such as a unique identifier and the website name. This allows a website to remember things like your personal preferences, products you prefer or what’s in your shopping basket.

Our Website utilises first and third party cookies. This enables us to: a) Improve the User's experience on our Website through various means such as storing preferences (like keeping a User logged in) or determining aggregate usage behaviour (time on site, number of pages viewed etc.) through web analytics tools like Google Analytics. b) Provide more relevant Display Advertising to Users who have visited the Website, using third party tools such as the Google Analytics Remarketing.

Most web browsers provide the option to block some or all cookie types should you wish to. Users can also opt-out of the Google Display Network using the Ads Preferences Manager. Because many of our Website's features utilise cookies, we recommend that Users do not block them.

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.

Governing Laws of South Africa

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.

Updating of these Terms and Conditions

Jasmine Fashion Design Studio reserves the right to change, modify, add to or remove from 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.