Online Terms & Conditions

1. Introduction
   
   
   1. “Cape Union Mart”, “Old Khaki”, “Poetry”, “Last Chance”, “we”, “us” and “our” refers to Cape Union Mart Group (Pty) Ltd.
   2. “You” refers to you, our customer, who buys from us online.
   3. These Terms and Conditions govern the ordering, sale and delivery of goods as well as use of the following websites:
      
      
      • www.capeunionmart.co.za
      • www.poetrystores.co.za
      • www.oldkhaki.co.za
      • www.lastchance.co.za
      
      
   4. If there is anything that is unclear please ask us to explain it to you before you accept the Terms and Conditions, continue using the Website, or place an online order.
   5. We may amend these online shopping terms and conditions, at our sole discretion, from time to time. We will notify you of changes to these terms.
   6. The contents of the website are protected by law, including but not limited to copyright and trade mark law. The website content is the property of Cape Union Mart, its advertisers and/or sponsors and/or is licensed to Cape Union Mart. Any use, distribution or reproduction of the website content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any website content, please contact us. You will not acquire any right, title or interest in or to the Website or the Website Content.
   7. This website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and we are not responsible for the practices and/or privacy policies of those Third Party Websites or the cookies that those sites may use. Your use of any Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
      
      
2. Customer Profile
   
   
   1. To register on our website, you must provide the following information:
      
      
      • First Name
      • Last Name
      • Cellphone Number
      • Email Address
      • Password
        
        
   2. We will use your cellphone number as your unique identifier, and you will use your email address and password to log in to any of our websites. We will only contact you on your cellphone if you have specifically opted in to received SMS communication from us.
   3. By registering on our website, or buying goods from us online, you acknowledge that you have read and agree to be bound by these Terms and Conditions. You also agree that we may send invoices to you electronically.
   4. Please keep your credentials private and secure and do not share them with anyone. Only authorised users may access their online profile with their credentials. We accept no liability for any damages or losses that you may suffer from the unauthorised use of your profile.
   5. Please notify us immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
      
      
3. Stock & Pricing
   
   
   1. All goods displayed on our website are subject to availability. If any goods you ordered are not immediately available or are not available at all, we will let you know as soon as possible.
   2. You acknowledge that stock of all goods on offer is limited and that pricing may change at any time without notice to you. We will take all reasonable efforts to monitor stock levels and to ensure that when stock is no longer available, it is discontinued on the website, but we cannot guarantee the availability of stock. If goods are no longer available after you have placed an order, we will notify you and you will be entitled to a refund of any amount already paid by you for such goods.
   3. The stated prices on our website are in South African Rand and are only valid and effective in South Africa.
   4. We will use our best efforts to accurately display the goods on our website to ensure that what you receive matches your expectations. Please note that sometimes the way that a product appears can be dependent on the device that you use to access our website, specifically when it comes to the colour in an image. We cannot guarantee that the goods you receive, will look exactly as you have seen it online.
   5. We will "price match" any identical article currently advertised and currently available from other "brick and mortar" retailers. The store manager will simply undertake a telephonic verification and thereafter match the price. We do not price match other online stores.
   6. If a displayed price contains an inadvertent and obvious error, we are not bound by it after:
      
      
      • Correcting the error in the displayed price; and
      • Taking reasonable steps to inform affected consumers about the error and the correct price.
      
      
   7. No order will be accepted if we identify a material error in the description of any of our goods or their prices on our website.
   8. Should any item purchased go on special or promotion within one month of the date of purchase, the customer, on producing a cash sales docket in store, shall be entitled to a refund of the difference between the original price and the special/promotion.
      
      
4. Gift Vouchers & Coupons
   
   
   1. We make physical and electronic gift cards (“Gift Cards”) and promotional coupons or discounts (“Coupons”) available for use on the website towards the purchase of goods. Gift Cards and Coupons can only be redeemed while they are valid and their expiry dates cannot be extended.
   2. Gift Cards cannot be used to buy other Gift Cards or Coupons. They do not accrue interest and are not refundable for cash. If the value of a Gift Card is insufficient for the order you wish to place, you may make up the difference by paying via one of our other payment methods.
   3. We are not responsible for any harm due to the loss, unauthorised use or unauthorised distribution of a Gift Card, after it has been delivered to you or the email address nominated by you.
   4. Coupons and Gift Cards cannot be exchanged or refunded for cash or credit.
   5. Coupons are issued at the discretion of Cape Union Mart and we are entitled to correct, cancel or reject a Coupon for any reason and at any time (including without limitation where a Coupon has been distributed in an unauthorised manner).
   6. Coupons are issued under specific Terms and Conditions regulating when and how they may be used.
   7. If an error is spotted against any coupon or discount on an order, we may cancel these order(s) after notifying you. 
   
   
5. Orders
   
   
   1. We will indicate the acceptance of your order by delivering the goods to you or allowing you to collect them, once payment has been received. Only at that point will an agreement of sale between you and Cape Union Mart come into effect. This is regardless of any communication stating that your order or payment has been confirmed.
   2. Once an agreement of sale is completed, you assume all risk and full responsibility for the goods.
   3. We reserve the right to not process an order or to cancel an existing order (partially or completely) if there has been an error. Errors include the goods no longer being available, the incorrect price being displayed, or an inaccurate description of the goods. We will inform you of any errors as soon as we become aware of them and, as soon as possible thereafter, we will refund you for any amount already paid.
   4. We will not be liable for any loss or claim relating to a transaction based on any error.
   5. Orders cannot be amended in any way once they have been invoiced, including changes to a delivery address.
   6. Placing goods in a wishlist or shopping cart without completing payment does not constitute placing an order, and goods may be removed or updated in the shopping cart if stock is no longer available or the price has changed. We cannot be held liable if the goods in your shopping cart have been updated when you complete or attempt to complete the purchase at a later stage.
   7. Goods may not be purchased for re-sale. Should we suspect that any such goods are being purchased for sale, we are entitled to cancel your order immediately on notice to you.
   8. We reserve the right to refuse orders, cancel any sale, and terminate accounts at the company’s discretion.
   9. Registered customers are able to view their order history by logging on to their profile on our website. Both guest and registered customers can track the status of their order by selecting the ‘Track my Order’ link in the website footer, and entering their full order number and email address.
   10. Orders may only be cancelled up to the point that they have been invoiced by Cape Union Mart. After this the order will need to be delivered and processed as a return, if no longer required.
       
       
6. Payment
   
   
   1. You consent to our use of the services of reputable and secure third party payment service providers in order to process financial transactions and acknowledge that doing so necessitates the disclosure of your payment information when you make a purchase.
   2. We have put all the necessary measures in place to ensure your personal and payment information remains secure. We make use of 3D Secure, which is an additional layer of online security that is now mandatory for all online retailers in South Africa. It’s also known as Verified by Visa and MasterCard SecureCode. It helps prevent fraud by protecting you against unauthorized transactions on your card(s).
   3. Payment can be made for goods via:
      
      
      • Credit Card
      • Debit Card
      • EFT
      • PayJustNow
      • Payflex
      • Paypal
      • Mobicred
        
        
7. Delivery & Collection
   
   
   1. You can have your order delivered to your address, or collect it from a Pargo pick-up point (PUP) (Click & Collect). Please note that certain items are not available for Click and Collect delivery, and can only be delivered to your address.
   2. Standard delivery to your address (5-7 working days) is FREE for all orders over R1000. For all other orders, it’s charged at R75. Additional delivery charges may apply to outlying areas, as well as the delivery of selected goods. If applicable, this will be highlighted during the checkout process.
   3. Expedited delivery to your address (2-5 working days) is charged at R75 for all order values. Additional delivery charges may apply to outlying areas, as well as the delivery of selected goods. If applicable, this will be highlighted during the checkout process.
   4. Click & Collect orders (5-8 working days) are charged at R60 for all order values.
   5. We partner with Pargo (www.pargo.co.za) for Click & Collect deliveries and deliveries to your address. We are not liable for any damage suffered or any losses incurred arising out of any act or omission by a courier, its directors, employees, sub-contractors, agents or representatives.
   6. Pargo Couriers will only deliver to a physical address, and not a P.O. Box number. Pargo requires that each and every delivery be signed for, as proof of delivery. Deliveries take place between 08h30 and 17h00 on weekdays (Monday to Friday, excluding public holidays) and we only deliver within South Africa. Our ability to deliver is also always subject to certain factors, including the availability of the goods and the supply of accurate delivery address details.
   7. Certain areas are classed as "high risk" for deliveries. If your address is deemed to be in one of these areas, Pargo may contact you to make alternative delivery arrangements.
   8. Delivery fees may change at any time without notice to you. The delivery fee and any additional charges applicable to your order will be communicated to you during checkout and must be paid when you place an order.
   9. We will arrange for delivery to the delivery address that you provided to us. We are not responsible for any loss or unauthorised use of the goods once we have delivered the goods to the delivery address you have provided.
   10. If you are unable to accept the goods yourself, please ensure that an authorised representative is available at the delivery address. If anyone other than you takes delivery of the goods at the delivery address, they are presumed to be authorised to accept the goods on your behalf.
   11. If no one is at the delivery address to accept delivery, we will contact you to arrange an alternative time. If we are unable to deliver the goods to you after three attempts, or should we deem it appropriate under the circumstances, we reserve the right to cancel your order, deduct charges we have incurred for failed deliveries or additional storage, and refund the balance due to you.
   12. If you do not collect your Click & Collect order after being reminded three times, or should we deem it appropriate under the circumstances, we reserve the right to cancel your order, return the items to our warehouse, deduct charges we have incurred for failed deliveries or additional storage, and refund the balance due to you.
   13. You must ensure that we can access the place of delivery, and that the location is cleared for the goods to be delivered.
   14. If you have a missing or incorrect item in your order, please contact us within 7 days of your order being received and provide us with the following information:
   
   
   
   • The number of items missing
   • The product title of the missing items
   • Whether the order received was received in a good condition and sealed i.e. the box or parcel was not tampered with
   • Whether someone else received the order on your behalf. e.g. reception
     
     
   
   
8. Cancellation & Returns
   
   
   1. Fashion, gear & homeware products may be returned for credit, exchange or refund within 30 days from date of purchase.
   2. Furniture products may be returned for credit or exchange within 10 days from date of purchase (unfortunately no refunds are given).
   3. In order for a return to be processed, the merchandise must be unused and returned in its original box/wrapping together with a valid sales docket/invoice.
   4. Refunds will exclude all delivery fees that are paid as part of the order. Furniture products must be returned within 10 days from date of purchase (unfortunately no refunds are given).
   5. If you wish to return something that you purchased, you can do so in one of 2 ways:
      
      
      • Log in to the website, access your order details under the profile menu, select the item(s) that you would like to return, complete the required information and submit your request. Once we have approved the return request, we will get in touch with you to arrange collection. The delivery address for returns via courier is as follows:
        
        Cape Union Mart Distribution Centre
        Unit 4A Phumelela Business Park
        Montague Drive 
        Montague Gardens
        Cape Town
        7441
        
        We can only process refunds once we have confirmed that the goods have been returned to our distribution centres and they have been assessed.
      • Contact us and we will gladly assist.
        
        

   6. EFT refunds under R250 will be loaded as store credit/ a gift voucher unless otherwise indicated.
   7. In the event that you return goods, it will take up to 10 working days to process a refund and for it to reflect on your account.
   8. If we accidentally deliver the wrong product to you, or if the product is not as described, please notify us and we will collect the product from you at no charge. Once we have inspected the product and validated your return, we can arrange to deliver the correct product to you (assuming it is available) or refund you, depending on your preference).
   9. If you purchased the goods yourself you will receive a full refund. If they were a gift, you can exchange for goods of the same value at the same brand store or receive a credit note.
   10. The following items cannot be returned:
       
       
       • Underwear
       • Swimwear
       • Jewellery for pierced ears
         
         

9. Privacy & Security
   
   
   1. For a detailed description of Cape Union Mart's Privacy Policy, please refer to the Privacy Policy page.
   2. Please note that Cape Union Mart does not disclose any of your personal details to other companies or individuals. We do not keep a record of, or store, any part of your card details.
   3. Cape Union Mart does keep records of certain personally identifiable information, such as your name, contact details, shipping address and billing address. This information is necessary in order to process your order. You are empowered to change this information by editing your "Personal Details".
      
      
10. Website Availability
    
    
    1. We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
    2. If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
    3. We are entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order, in whole or in part, on notice to you. We shall only be liable to refund monies already paid by you (see our Returns Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.