Terms of service

1. Introduction

1.1 These Terms and Conditions apply to the use of the Avora Wear website and to the purchase of products offered through our website.

1.2 Definitions used in these Terms and Conditions are set out in section 24.

1.3 Nothing in these Terms and Conditions limits or excludes any rights you have under the Consumer Protection Act 68 of 2008, the Electronic Communications and Transactions Act 25 of 2002 or any other applicable South African law. Where any provision conflicts with these laws, the law prevails.

2. Acceptance

2.1 By placing an order, you confirm that:

(a) you are at least 18 years old;
(b) you are legally able to enter into a binding contract with us; and
(c) you are not prevented by any applicable law from entering into a contract with us.

2.2 By placing an order, you confirm that you have read these Terms and Conditions in full, and that your order is made in accordance with them.

2.3 By visiting our website or placing an order, you also agree to our Privacy Policy, Shipping & Payment Policy and Return & Refund Policy, which form part of these Terms and Conditions.

2.4 If you do not agree to these Terms and Conditions, please do not place an order on our website.

2.5 We reserve the right to refuse access to our website where we consider this necessary, for example in cases of suspected fraud or misuse.

2.6 We recommend that you save or print a copy of these Terms and Conditions for future reference.

3. Personal Use

You confirm that you purchase products through our website for your own personal, non-commercial use.

4. Prices

4.1 All prices on our website are shown in South African Rand (ZAR) and include standard shipping within South Africa.

4.2 As described in our Shipping & Payment Policy, your order is shipped from our international fulfilment partners. Depending on the value and contents of your order, South African customs may charge import duties and VAT. Any such charges are not included in our prices and are payable by the customer upon delivery.

4.3 We do our best to ensure that all product details, descriptions and prices on our website are correct. If we discover a pricing error after you have placed your order, we will contact you as soon as possible and give you the choice to confirm your order at the correct price or cancel it. If we cannot reach you, or do not receive a reply, your order will be cancelled and you will receive a full refund.

4.4 Prices may change from time to time. Price changes will not affect orders for which you have already received an order confirmation.

5. Placing an Order

5.1 All orders are subject to availability. After placing your order, you will receive an order confirmation by email. A contract between you and Avora Wear is concluded once we have sent you this order confirmation, and only for the products listed in it.

5.2 If a product turns out to be unavailable, or if we are unable to deliver your order, we will inform you by email and refund any payment made for that product in full.

5.3 If your order contains more than one product, the products may be delivered separately and at different times.

5.4 We reserve the right to remove products from our website, or to edit or remove content from our website, at any time.

5.5 We reserve the right to refuse or cancel an order, for example in cases of suspected fraud, a pricing error or unavailability. If we cancel your order after payment, you will receive a full refund.

6. Payment

6.1 You can pay for your order using the payment methods shown at checkout. Currently, we accept Visa, Mastercard, Apple Pay and Google Pay.

6.2 Payments are processed by secure third-party payment processors. You agree that we may share the information necessary to process your payment with these payment processors.

6.3 By placing an order, you confirm that the payment method you use is your own, or that you are authorised to use it, and that you have sufficient funds or credit to pay for the order.

6.4 You may use one discount code or promotional voucher per order, as described in section 10.

6.5 If you have a problem with your order or payment, we ask that you contact our customer service at support@avorawear.co.za first, so we can resolve it quickly. This does not affect your rights under South African law or your rights with your bank or card issuer.

6.6 We may report fraudulent payments or other unlawful activity to the relevant authorities.

7. Delivery

7.1 We will deliver your order to the delivery address you provide at checkout. Please make sure this address is correct, as parcels cannot be redirected once they have been shipped.

7.2 Your order is shipped directly from our international fulfilment partners. Orders are processed within 1 to 2 business days. Delivery times can vary depending on the product, your location, customs processing and courier capacity. For more information, please see our Shipping & Payment Policy.

7.3 If your order has not arrived within 20 business days of dispatch, please contact us. We will investigate with the courier. If your order cannot be located or delivered, we will send you a replacement or issue a full refund.

7.4 If we are unable to deliver to your location, we will inform you and either arrange delivery to an alternative address confirmed by you, or cancel your order and refund it in full.

7.5 Risk in the products passes to you once they have been delivered to your delivery address.

7.6 If delivery fails because the parcel is refused without good reason, or not collected from the courier, the parcel may be returned to sender. In that case, we may deduct the reasonable costs incurred from your refund.

8. Cancellation and Changes to Orders

8.1 You can cancel or change your order by emailing us at support@avorawear.co.za within 24 hours of placing it.

8.2 After 24 hours, your order may already be in process and can no longer be cancelled or changed. In that case, we kindly ask you to wait for your order to arrive, after which you can return it in accordance with our Return & Refund Policy.

8.3 Under the Electronic Communications and Transactions Act, you have the right to cancel your purchase within 7 days of receiving the products, without giving a reason. In that case, you are only responsible for the direct cost of returning the products.

9. Returns, Refunds and Defective Products

9.1 Our Return & Refund Policy forms part of these Terms and Conditions and explains in detail how returns, exchanges and refunds work.

9.2 You may return products within 30 days of delivery, provided they are unworn, unwashed and in their original condition with all tags attached. Return shipping costs for change-of-mind returns are at the customer's expense.

9.3 Product images are intended to represent the products as accurately as possible. Small differences in colour may occur due to screen settings.

9.4 If a product you receive is damaged, defective or incorrect, please contact us at support@avorawear.co.za with your order number and a photo of the product. We will arrange a replacement or a full refund at no cost to you, as described in our Return & Refund Policy.

9.5 Under the Consumer Protection Act, you are entitled to return a defective product within 6 months of delivery for a repair, replacement or refund.

9.6 Refunds are processed to the original payment method within 7 business days after your return has been received and approved.

10. Discount Codes and Vouchers

10.1 Discount codes and promotional vouchers can be entered on the checkout page and will be deducted from your order total.

10.2 Only one discount code or voucher can be used per order.

10.3 Discount codes and vouchers have no cash value and do not bear interest.

10.4 If the value of a voucher is lower than your order total, you can pay the difference using one of the available payment methods.

10.5 If you return an order that was paid partly with a promotional voucher, the voucher value will not be refunded in cash. The part paid with another payment method will be refunded.

11. Acceptable Use

11.1 When using our website, you may not:

(a) use our website in a way that causes, or may cause, damage to the website or affects its availability or performance;
(b) use our website for any illegal, fraudulent or harmful purpose;
(c) upload or distribute any viruses, malware or other harmful software;
(d) collect data from our website through automated means such as scraping, bots or data mining without our written permission;
(e) use data from our website for direct marketing or to contact other people;
(f) attempt to gain unauthorised access to our website, servers or databases;
(g) copy, modify or reverse engineer any part of our website;
(h) place false, speculative or fraudulent orders.

11.2 You agree that the information you provide to us is true, accurate, complete and up to date.

11.3 If you become aware of any activity on our website that breaches these Terms and Conditions, please let us know at support@avorawear.co.za.

12. Links

12.1 Links on our website to third-party websites are provided for information only. We have no control over the content of these websites and are not responsible for them.

12.2 You may link to our homepage in a fair and lawful way that does not damage our reputation or suggest any association with us that does not exist.

13. Intellectual Property

13.1 All content on our website, including texts, images, logos and design, is owned by or licensed to Avora Wear and is protected by intellectual property laws.

13.2 You may only use the content of our website for your own personal, non-commercial use. You may not use our name or logo without our prior written permission.

14. Privacy and Cookies

14.1 Our Privacy Policy forms part of these Terms and Conditions and explains how we collect, use and protect your personal information in accordance with the Protection of Personal Information Act 4 of 2013.

14.2 Our website uses cookies. More information about the cookies we use and how you can manage them can be found in our Privacy Policy.

15. Website Security

15.1 We take reasonable measures to keep our website secure, but we cannot guarantee that it will always be free from errors or interruptions.

15.2 You must not knowingly introduce viruses or other harmful material to our website, or attack our website in any way, including through denial-of-service attacks. We may report any such breach to the relevant authorities.

16. Liability

16.1 Nothing in these Terms and Conditions excludes or limits our liability where this is not permitted under South African law, including the Consumer Protection Act.

16.2 To the extent permitted by law, we are not liable for:

(a) any indirect or consequential loss, such as loss of profit, income or opportunity;
(b) any temporary unavailability of our website;
(c) any delay or failure to perform our obligations caused by circumstances beyond our reasonable control, as described in section 18.

16.3 To the extent permitted by law, our total liability to you in connection with an order is limited to the total amount you paid for that order.

17. Indemnification

You agree to compensate us for any reasonable costs, losses or claims we incur as a direct result of your fraud, misuse of our website or a serious breach of these Terms and Conditions.

18. Force Majeure

18.1 We are not liable for any delay or failure to perform our obligations if this is caused by circumstances beyond our reasonable control, such as natural disasters, extreme weather, strikes, power failures, pandemics, customs delays or disruptions at our suppliers or couriers.

18.2 If such circumstances continue for more than 4 weeks, either party may cancel the affected order. In that case, you will receive a full refund for any products you have paid for but not received.

19. Changes to These Terms and Conditions

19.1 We may update these Terms and Conditions from time to time. The version published on our website at the time of your order applies to that order.

19.2 Changes will not affect orders for which you have already received an order confirmation.

20. Breach of These Terms and Conditions

If you breach these Terms and Conditions, or if we have reasonable grounds to suspect a breach, we may send you a warning, suspend the processing of your order, refuse your payment, block your access to our website or take legal action where necessary. You must not attempt to circumvent any suspension or block.

21. Availability of the Website

21.1 You may stop using our website at any time.

21.2 We may suspend, change or discontinue our website, or any part of it, for commercial or operational reasons. We will try to give reasonable notice where possible. This does not affect orders for which you have already received an order confirmation.

22. General Provisions

22.1 You may not transfer your rights under these Terms and Conditions to another person.

22.2 If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions remain in full force.

22.3 If we do not immediately enforce any of our rights, this does not mean that we have waived those rights.

22.4 Our website is hosted by a third-party provider.

23. Applicable Law

We sell exclusively to consumers in South Africa. These Terms and Conditions and any contract between you and Avora Wear are governed by the laws of the Republic of South Africa.

24. Definitions

In these Terms and Conditions:

• "Avora Wear", "we", "us" and "our" refer to Avora Wear, the online store operating this website;
• "you" and "your" refer to the person using our website or placing an order;
• "Order" means an order you place through our website to purchase one or more products;
• "Order Confirmation" means the email we send you to confirm your order;
• "Product" means any product offered on our website;
• "Payment Processor" means any third-party provider that processes payments on our behalf;
• "Website" means the Avora Wear website and all its pages.

Headings are for convenience only and do not affect the interpretation of these Terms and Conditions.

25. Contact

If you have any questions about these Terms and Conditions, our website or our products, please contact us:

• Store: Avora Wear
• Email: support@avorawear.co.za
• Response time: within 24 hours