Introduction
The Aidan J online shop can be accessed at www.aidanj.co.za, related mobile sites and applications (“the site”). The site enables buyers to shop for items including clothes and accessories designed and made to order by Aidan J (“the products”) online and have them delivered door-to-door within South Africa. All visitors to the site (“users” or “you”) will be able to see the products on offer, but only those who have registered for an account on Aidan J (“account holders” or “you”) are able to buy.
Legally binding contract
All users and account holders, including those that buy from the site (“buyers”) are bound by these terms and conditions (“T&Cs”). By registering, or using the site at all, you recognise that you’ve read, accepted and agreed to be bound by these T&Cs. Should there be any clause in these T&Cs that you do not understand, the onus is on you to ask Aidan J to please explain the relevant clause to you before you accept the T&Cs by using or buying from the site.
With whom are you entering into a contract?
The site is owned and run by Aidan J (Pty) Ltd, registration number 2015/408471/07, a company incorporated in the Republic of South Africa (herein after referred to as “Aidan J”). More information about Aidan J is available at the end of these terms and conditions.
Products and availability
Please note that the stock of all items on offer is limited. Aidan J will make all reasonable attempts to ensure that special offers are brought to an end when stock runs out. If it happens that Aidan J is unable to fulfill any order at the advertised price because stock is sold out, Aidan J will inform you via email and you’ll be entitled to a reimbursement for the rand value you have paid for Such product; or exchange the product for an alternate product within the same rand value for you; or attempt to manufacture a product of the same style/pattern using an alternate fabric/material/resources. This is described in more detail in Aidan J’s Delivery and Returns Policy. Please note, the Aidan J Delivery and Returns policy is incorporated by reference and therefore forms part of these T&Cs.
Buying products
The site allows you, the user, to place electronic orders (“order”) for one or more products on offer as long as Such products are available and not sold out.
A purchasing contract (“sale”) between you and Aidan J only comes into effect once you have fully completed AND submitted the online order form for one or more products in your shopping cart (“cart”) AND your payment has been authorised by Aidan J (or has been received into Aidan J’s bank account).
The above is dependent on the product being available.
Products on Aidan J cannot be reserved to be bought at a later stage, and placing an item in your cart without completing the order does not amount to a “sale”.
This means that Aidan J may remove any product(s) from your cart before the sale actually takes place, in the event of the product going out of stock.
Aidan J cannot be held responsible if the product(s) you added to your cart have become unavailable when you try to complete the sale.
A tax invoice will be emailed to the email address on your Aidan J profile. A delivery note will be included with your order – please note that prices may be visible on the delivery note.
Cancelling and ending orders
Aidan J reserves the right to refuse processing of payment for any order and/or to cancel any purchase, partially or completely, with notice given to you.
Aidan J will be liable for reimbursing you the rand value paid only if you have already paid for the cancelled order; or may offer you an alternate product/design. You have the right to return non-defective products purchased within 30-days of the order being delivered. Please see Aidan J’s Delivery and Returns Policy for more information.
Fraud
Aidan J reserves the right, in the interest of preventing fraud, to refuse the processing of payment for any order and/or to cancel any purchase, partially or completely.
Aidan J may request documentation to complete the necessary fraud checks and cancel any order where the necessary documentation is not provided in a timely manner.
In the event of a fraudulent purchase being placed on Aidan J, cardholders will be advised to initiate a chargeback via their bank in order to be refunded. Aidan J does not process refunds for orders suspected of fraud.
Aidan J does not provide order details relating to orders suspected of fraud.
Product Pricing
The price of each product is given on the product information page (“the product page”) on the site.
The Regular Retail Price
The Regular Retail Price (“RRP”) is the standard price that Aidan J charges for the product. The RRP is determined by considering the cost of fabric/material and resources required to manufacture the product, market conditions, and the prices being offered for similar product(s) by other local designers and retailers.
When a product is not on sale, on special, or included in a discount promotion, the RRP is the price you will pay when you purchase the product (“purchase price”).
Please note that RRPs can change over the course of several seasons over which the product may be sold. The RRPs applicable at the time the product is introduced may differ from the RRP at the time of your purchase.
The Discount Price
When Aidan J is having a sale, has products in OUTLET, or is running a discount centric promotion on specific products on the site – the discount price is shown on the product’s product page, as well as the Regular Retail Price (“RRP”). The discount price will be shown and the RRP will be shown alongside it – but will be crossed out.
When a discount price is shown on the product page, the discount price is the price you will pay when you add the product to your cart at the discounted price, and conclude the sale at the discounted price i.e. the purchase price.
Pricing accuracy
Every reasonable effort will be made to ensure that the RRP and, if applicable, the Discount Price of all products on Aidan J are correct at the time of your purchase. If, however, the product is offered at an erroneous price, Aidan J will not be obliged to supply the said product at the incorrect price.
Aidan J will only be liable to return payment already made by you in the case you choose to cancel the sale once you have been made aware of the correct price.
Delivery Fees
Door-to-post office counter deliveries can be made available on request, and a price confirmed once a quotation has been received from the local post office, and Such price will be applied to the delivery fee of the “buyers” order. A Door-to-post office counter delivery will not take place until the applied delivery fee has been paid for in full into Aidan J’s bank account. Door-to-post office counter deliveries are sent via Speed Services to the relevant post office based on the delivery address. You will receive an email from Aidan J with the tracking number required in order to collect your parcel. The post office may send you a notification of the arrival of your parcel.
Door-to-door delivery is available for certain areas outside of main centres. Please check the delivery options in checkout once you have entered your address to see if you are eligible for door-to-door. A R200 delivery fee is applied for door-to-door deliveries outside of main centres.
Aidan J does not delivery to PO Box addresses.
Every reasonable effort is taken to ensure that the delivery costs displayed on the site are correct at the time of your purchase. However, if a delivery fee is incorrectly displayed, Aidan J will not be obliged to deliver products at an incorrect delivery fee. Aidan J will only be liable to return payment already made by you in the case you choose to cancel the sale once you have been made aware of the correct delivery fee.
Making a payment
You can pay on Aidan J using your Visa or MasterCard credit or debit card through PayFast, via Electronic Funds’ transfer (EFT) or Direct Deposit.
Paying by credit card
Aidan J accepts payments made by Visa and MasterCard Credit Cards as well as chipped debit cards that have been activated for online purchases through the PayFast payment gateway.
When you place an order, the transaction details are presented to the bank for authorisation of the payment amount.
If authorisation is not obtained, the order is cancelled. If authorisation is obtained, payment is usually immediate. You guarantee that you are fully authorised to use the credit card for payment of your order and that there are sufficient funds in this credit card account to cover the costs of any transactions you complete on Aidan J.
Paying by EFT:
For Standard EFT Payments please note:
Please note, when selecting to pay by EFT, you have 24 hours post placing your order to make the payment.
When making your payment, please be sure to use your order number as your reference. This will ensure that Aidan J can process your order as quickly as possible.
Aidan J will start processing your order as soon as your bank forwards the payment to Aidan J. Depending on the bank, it can take up to 3 working days from the time you make the payment (which has to be done a maximum of 24 hours after placing the order) to when it appears in our bank account.
Aidan J will start processing the order once your bank forwards your payment to us, but depending on the bank it can take up to 3 days.
The delivery lead time as specified on the site only starts once Aidan J has received the payment from your bank.
Delivery
Place of delivery
Aidan J delivers within business hours in the Republic of South Africa.
As buyer, you indicate where in South Africa you require delivery, as well as contact numbers to be used in connection with delivery.
In the case of door-to-door delivery, your parcel will be delivered to the address you specified in the checkout process. In the case of door-to-counter delivery, your order will be delivered to the post-office nearest to your address within the postal code you selected.
On inputting your address during checkout, the site will indicate to you whether your postal code qualifies for door-to-door delivery or door-to-counter delivery.
The courier will try once more, and if at that time there is still no one to sign for the parcel, the parcel will be returned to our warehouse and a return will be processed for the goods. You will be contacted in order to confirm the refund method you would prefer.
Should a delivery fee have been charged on the order, this will not be reimbursed, given that the courier has attempted delivery on numerous occassions.
Delivery time and delays
Unless we inform you otherwise, before you place your order and before the final confirmation, the estimated maximum delivery time for an order in South Africa – either door-to-door or door-to-post office counter – is 5 to 7 working days.
As outlined above, all Aidan J deliveries take place during business hours i.e. there are no deliveries over weekends or on public holidays. Please take this into consideration when selecting your delivery address.
Delivery completed
A delivery is considered complete as soon as the parcel is accepted by an individual on your behalf at your specified delivery address, or the parcel is successfully delivered by Speed Services to the post office associated with your delivery address.
This also applies when the package has been handed over by the courier, as indicated in the courier’s tracking system.
It is your responsibility, as buyer, to ensure that you or the intended receiver of the gift (when applicable) inspect(s) the parcel on arrival and makes known any justifiable complaints. The receiver has the right to refuse the parcel if it appears to have been opened or if it has clearly been damaged.
Such complaints and claims must be brought to the attention of Aidan J by emailing info@aidanj.co.za
Lost parcels
If neither the depot nor the tracking system (under “My Account > Order History”) provides any indication where the parcel is, you need to send an email to info@aidanj.co.za.
If the parcel is found, it will be sent to the specified delivery address by the usual procedure, as set out in the delivery clause.
If the parcel is declared lost, Aidan J will notify you and reimburse you for the lost parcel (to the amount of the product purchase price and any relevant delivery fee).
Defective items, returns and reimbursement
If you are dissatisfied with your purchase due to a defect you may return it to Aidan J within 30 days of delivery, by the same shipping method which the parcel was received. If you are based in South Africa, you can either receive a Aidan J account credit or a refund, or have the product repaired or replaced, depending on the situation. You may not be eligible to return or have the purchase refunded if you have made an incorrect choice of product, or if you are no longer want the product for reasons other than a defect.
In the case of a damaged or incorrect item having been delivered, Aidan J will evaluate each case and issue a refund upon proof of the damaged/incorrect item.
The Delivery and Returns Policy informs your rights in this regard.
Discount Coupons
Aidan J may release printed or digital discount coupons (“coupons”) from time to time. Such coupons may be available through the website and/or from third-party websites, in magazines and other media.
Coupons can be used to secure a discount on the site as long as the coupon is valid.
Given expiry dates cannot be moved.
Promotional coupons
Promotional coupons are issued at Aidan J’s discretion. Users don’t have the right to promotional coupons and can’t earn them.
Promotional coupons are issued with specific terms and conditions that regulate how and when they can be used. For example, certain coupons may be product specific in that they are only valid against a selected group of products. Exclusions may also exist with certain coupons e.g. not valid on items in OUTLET. The onus is on the shopper to check the full coupon T&Cs to ensure they understand the coupon’s applications and limitations.
In general, unless otherwise specified on the coupon itself: a coupon is only valid for 30 days from date of issue. A coupon can only be used against a purchase on the site when the purchase meets the terms and conditions as specified on the coupon.
Only one coupon can be used per shopping cart. Coupons are not transferrable and cannot be exchanged for cash. The discount value of the coupon will be deducted from the total amount in your shopping cart. The remaining balance, if any, must be paid by you.
Should you wish to return an item you have purchased using a coupon:
If you have redeemed a coupon against a purchase, and you’d like to return all items purchased, Aidan J will credit your account with the rand value of the coupon used to make the purchase, and refund the cash balance used to complete the purchase. Please refer to the specific terms and conditions on the coupon for information on whether it will be reinstated and the terms that will apply.
If you have used a coupon against a purchase and then return some of the products purchased, Aidan J will apportion the value of the coupon across the relevant items in the cart and then refund you the relevant rand amount based on the items being returned.
If you have used a coupon against a purchase and then return some of the products purchased, Aidan J will recalculate the total value of your purchase AFTER the returned product(s) has/have been deducted. If the recalculated purchase value no longer meets the terms and conditions associated with the coupon, Aidan J reserves the right to deduct the value of the coupon off the refund for the returns, or, should you have credit in your Aidan J account, to debit the value of the coupon off your account balance.
Promotional coupons cannot:
Be used to buy gift vouchers
Be exchanged for cash
Be transferred to anyone else
Be used after the expiry date which is, unless otherwise specified, 30 days from date of issue
Be used together with any other promotion, including against items in OUTLET, items already on sale or items discounted as part of another promotional offer.
Security
Anyone downloading or trying to download malware or damaging coding on this site, or who tries to gain unauthorised access to any page on this site, will be prosecuted.
Aidan J will claim civil damages from Such person if Aidan J suffers any damage or loss.
You agree and guarantee that the username and password you use to log in is for your personal use only, and will not be passed on to any third party.
You allow Aidan J to take all steps reasonably possible to ensure the integrity and security of the site and in the administrative office.
All credit card transactions on third party payment gateways are protected by SSL (Secure Socket Layer) encryption and reinforced by various encryption processes with the aim of offering the most effective possible protection of any sensitive information. Aidan J has no access to any confidential information regarding your payment method.
Only Aidan J’s banking partner will access confidential information (Such as your credit card number, expiry date, CVV etc.) from time to time.
Indemnity
Aidan J is responsible for adhering to the Consumer Protection Act 68 of 2008 (“CPA”) with the sale of any products from the site. Similarly, Aidan J is responsible for adhering to articles 43(5) and 43(6) of the Electronic Communication and Transactions Act in terms of payment systems and security.
However, neither Aidan J nor any of its representatives will be held responsible for any loss or accountability of any kind that arises from the use of (or inability to use) this site, its services or content.
Furthermore, Aidan J provides no guarantee, implied or otherwise, that the content or technology attached to this website is free of errors or omissions. Nor is there any guarantee whatsoever that service will be 100% uninterrupted or faultless. We encourage you to report any possible malfunctions and errors by emailing info@aidanj.co.za.
Although the products on the site may be under guarantee, the site itself is offered on an “as it is” basis and is not set up or delivered according to your individual specifications.
It is your responsibility, before accepting these T&Cs, to determine whether the service available through this website satisfies your individual needs and is compatible with your hardware or software. Information, ideas and opinions expressed on this web site should not be regarded as professional advice, or as Aidan J’s official stance.
We encourage you to obtain professional advice before taking any action on the strength of information, ideas or opinions expressed on this site.
Applicable Laws
This site is offered, controlled and run from the Republic of South Africa.As Such it is governed by South African legislation, and subject to the disputes clause in these T&Cs.
You and Aidan J are subject to the non-exclusive jurisdiction of the South African courts. Each and every section of these terms and conditions must be read as individual and separable from the rest of the terms and conditions.
Should any court or qualified authority find that any of the terms are invalid or unenforceable, the remainder of the terms and conditions will remain standing, despite invalidity or unenforceability of an individual term.
Privacy
Aidan J website visitors, subscribers, registered account holders and shoppers are subject to the privacy policy.
Changes to Terms and Conditions
Aidan J may, at its own discretion, change these terms and conditions or any part thereof. As indicated in the T&Cs, it is the responsibility of the registered account holder or user to familiarise yourself with the T&Cs before using the site. By registering, or using the site at all, you recognise that you’ve read, accepted and agreed to be bound by these T&Cs.
Disputes
Barring urgent or interim legal help that may be granted by a court of law: In the event of any disputes of any kind between you and Aidan J, arising out of any situation catered for in these terms or conditions (or that arises out of these terms and conditions) and that cannot be resolved by the client service centre, the dispute may be presented for confidential arbitration.
Such arbitration will be handled according to the rules stipulated by the Arbitration Foundation of South Africa.These rules can be found here.
Legal notice address:
Aidan J elects as address for all purposes regarding these terms and conditions, whether for legal notices or serving of other communication documents of any kind, the following address:
9 17th Avenue
Elsies River
7490
Cape Town
Western Cape
An electronic copy is to be sent to info@aidanj.co.za (Such copy must be delivered in conjunction with physical copy for serving to be effected.)
Terms and Discontinuation
These terms and conditions take effect on the date of first publication of the website and continue indeterminately. They may be revised by Aidan J from time to time (as described above), for as long as the website continues to exist and be operated. Aidan J is entitled to terminate these terms and conditions or close down the website at any time, subject to processing any pending purchases.
If you don’t meet our obligations regarding these terms and conditions, including any incidents about payment and price or an order, and you neglect to rectify Such non-adherence within 5 working days after Aidan J has instructed you to do so, your access to the service will be blocked.
We have the right to close your account and deny you access to the site, depending on the severity of your actions. Such action on the part of Aidan J will not have any negative effect on any damages Aidan J may claim.
Copyright and other intellectual property
Any and all copyright relating to the website, including these terms and conditions, is held by Aidan J (and partners). All rights not expressly given are reserved. You may download, view and print content from this site only for private and non-commercial ends. To obtain permission for commercial use of any content from this site, please send an email info@aidanj.co.za.
Aidan J is unable to edit or screen all content on the site, and will not be held accountable for illegal, libellous or obscene content. We advise you to inform Aidan J of any offensive or illegal material.
All content, trademarks and data on this website, including but not limited to software, databases, text, graphics, icons, links, private information, designs, agreements, garment and accessory designs, are the property of or under licence of Aidan J. As Such they are protected by local and international legislation and agreements.
Electronic communication
When you sign up for a Aidan J newsletter, opt into marketing communication, register an account, conclude a purchase, visit the site or send an email to info@aidanj.co.za, you agree to get electronic communication from Aidan J.
Links, ‘Framing’, ‘Spiders’ and ‘Crawlers’
No person, business or website may be linked to any page on this site without prior written permission from Aidan J. Such permission can be obtained by sending an email to info@aidanj.co.za.
Links to non-Aidan J sites given on this website are provided “voetstoots” and Aidan J does not necessarily agree with the content of Such sites, which Aidan J is unable to edit or underwrite.
No person, business or website may use any technology to glean information from this site without prior written permission from Aidan J. Such permission can be obtained by sending an email to info@aidanj.co.za.
Aidan J Corporate Information
The Electronic Communication and Transactions Act determines that when goods or services are provided via certain electronic transactions, the seller must make certain information public on the site where the goods or services are offered.
Aidan J information is as follows:
Registration Number: 2015/408471/07
Registered Trading Name: Aidan J (Pty) Ltd
Core business: Fashion Design & Retail
Legal notice address:
9 17th Avenue
Elsies River
Cape Town
7490
Tel. 083 305 7185
Website: www.aidanj.co.za
Official email address: info@aidanj.co.za