www.sittingpretty.co.za (“the site”) enables buyers to shop for items including clothes, shoes and accessories manufactured and sold by Sitting Pretty (“the brand”) online.
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 Sitting Pretty (“Sitting Pretty 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 (“Ts & Cs”). By registering, or using the site at all, you recognise that you’ve read and accepted these terms and conditions.
WITH WHOM ARE YOU ENTERING INTO A CONTRACT?
The site is owned and run by Sitting Pretty Clothing, CC registration number: 2009/196535/23, a company incorporated in the Republic of South Africa (herein after referred to as “Sitting Pretty”). More information about Sitting Pretty 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. Sitting Pretty will make all reasonable attempts to ensure that special offers are brought to an end when stock runs out.
If it happens that Sitting Pretty is unable to fulfill any order at the advertised price because stock is sold out, Sitting Pretty will let you know and you’ll be entitled to a reimbursement for the rand value you have paid for such product.
This is described in more detail in Sitting Pretty’s F.A.Q.’s.
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 Sitting Pretty only comes into effect once you have fully completed AND submitted the online order form for one or more products in your basket (“shopping cart”) AND your payment has been authorized by Sitting Pretty (or has been received into Sitting Pretty’s bank account).
The above is dependent on the product being available.
Products on Sitting Pretty cannot be reserved to be bought at a later stage, and placing an item in your basket without completing the order does not amount to a sale or an order.
This means that Sitting Pretty may remove any item from your basket before the sale actually takes place in the event of the product going out of stock.
Sitting Pretty cannot be held responsible if an order has become unavailable by the time you try to complete a purchase at a later stage. The invoice for your purchase will be available online in the “My Account” section on the site. A copy of this invoice will be included in your parcel.
CANCELLING AND ENDING ORDERS
Sitting Pretty 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.
Sitting Pretty will be liable for reimbursing you the rand value paid only if you have already paid for the cancelled order. You have the right to return item(s) purchased unless otherwise stated (see Sitting Pretty’s F.A.Q.’s for more information).
Sitting Pretty 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.
Sitting Pretty 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 Sitting Pretty, cardholders will be advised to initiate a chargeback via their bank in order to be refunded. Sitting Pretty does not process refunds for orders suspected of fraud.
Sitting Pretty does not provide order details relating to orders suspected of fraud.
The price of each product is given in the product information on our website. In case of a sale or special offer, the discount price is shown. During promotional periods or sales period, two prices are indicated alongside each product, as follows: the price that has not been crossed out, is the price you pay. The other price (indicated by the crossed-out RRP) is the usual (“RRP”) before the any reduction and is given purely as an indication of approximately how much you save by buying the product from Sitting Pretty during such promotional period or sale.
Please note that RRPs can change over the course of several seasons over which the product may be sold.
Sitting Pretty delivers door to door free of charge* within South Africa for any orders above R500.00 and charges a R90 delivery fee for any orders below R500.00. Irrespective of the delivery location, Sitting Pretty aims to deliver within 7 working days. Door to door deliveries are sent to a street address. No PO Box deliveries are done.
*For Clearance Sales, Sitting Pretty will charge a standard fee of R90 for shipping which will be added to your order.
Sitting Pretty makes every reasonable attempt to display purchase prices and delivery costs accurately. If, however, the product is offered at an erroneous price (or an incorrect delivery cost is displayed), Sitting Pretty will not be obliged to supply products at the incorrect price/delivery fee.
Sitting Pretty 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 fee.
Sitting Pretty shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569
PAYING BY CREDIT CARD
We accept payments made by Visa and MasterCard credit and debit cards, as well as EFT via our financial partner Payfast. When you place an order, the transaction details are presented to the Payfast for authorisation of the payment amount.
Credit card transactions will be acquired for Sitting Pretty via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Customer details will be stored by Sitting Pretty separately from card details which are entered by the client on PayGate’s secure site. Users may go to www.paygate.co.za to view their security certificate and security policy.
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 Sitting Pretty.
PAYING BY EFT
In the EFT process, be sure to use your order number as payment references. Note you have 24 hours to pay once you’ve placed an order. We’ll start processing the order once your payment has been forwarded to us, but depending on the bank it can take up to 3 days.
MERCHANT OUTLET COUNTRY AND TRANSACTION CURRENCY
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
PLACE OF DELIVERY
Sitting Pretty delivers within business hours in the Republic of South Africa. As a buyer, you indicate where in South Africa you require delivery, as well as contact numbers to be used in connection with delivery. Your parcel will be delivered to the address you specify in the checkout process.
In the case of door to door delivery, if nobody is present at the address at the time of delivery, our courier will on the second attempt of delivery use the mobile phone number you provided in your order and/or leave a note (in the letterbox if a residential address) to indicate that there was an attempted delivery.
The courier will try once more, and if at that time there is still no one to sign for the parcel, it will be your responsibility to call Sitting Pretty Customer Care Service (021 447 1567) or send an email to email@example.com to arrange delivery.
If you don’t contact the Sitting Pretty Customer Care Service within 3 working days of the courier attempting the second delivery, the courier will return the parcel to Sitting Pretty, and we will contact you via email to discuss potential redelivery at your own cost.
If this attempt does not succeed within a reasonable amount of time, Sitting Pretty will simply reimburse you your item but will charge you for the delivery fee.
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 is 7 working days. Deliveries are made to street addresses only, therefore no deliveries to PO Box addresses.
All Sitting Pretty 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.
A delivery is considered complete as soon as the parcel is handed to an individual at your specified 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 Sitting Pretty by calling our Customer Care Service at 021 447 1567 (Monday to Friday, 08:00 to 17:00).
If the tracking system (provided to you by email following the shipment of your parcel or situated on our website under “My Account > Order History”) provides any indication where the parcel is, you need to call the Customer Care Service at 021 447 1567 or send an email to firstname.lastname@example.org.
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, Sitting Pretty will notify the buyer and reimburse the buyer 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, incorrect size or fit or other reason, you may return it to Sitting Pretty within 14 days of delivery, free of charge, and either receive a refund, or have the product replaced, depending on the situation. For items purchased on a Clearance Sale, Sitting Pretty will charge a standard fee of R90 for shipping which will be included in your order.
All necessary details will be provided to you via email on how to fill in the waybill the courier provides. If any of the details have been entered incorrectly by the buyer, you will be held liable for the courier fee.
Complete records of each transaction between you and Sitting Pretty are kept on the site after a particular purchase or related transaction.
During this time, you’ll be able to view and print out these records.
DISCOUNT VOUCHERS AND COUPONS
Sitting Pretty may release printed or digital discount vouchers/coupons [hereafter referred to as vouchers] from time to time. Such vouchers may be available through the website, email campaign and/or from third-party websites, in magazines and other media.
Vouchers can only be used for discounts on the site www.sittingpretty.co.za and only as long as the voucher is valid. Given expiry dates cannot be moved.
Promotional vouchers are issued at Sitting Pretty’sdiscretion. Users don’t have the right to promotional vouchers and can’t earn them. Promotional vouchers are issued with specific terms and conditions that regulate how and when they can be used.
In general, unless otherwise specified on the voucher itself: a voucher is only valid for 15 days from date of issue. A voucher can only be used against a purchase on the site when the purchase meets the terms and conditions as specified on the voucher.
A voucher can only be used once and only one voucher can be used per shopping basket. Vouchers are not transferrable and cannot be exchanged for cash. The discount value of the voucher will be deducted from the total amount in your shopping cart. The remaining balance, if any, must be paid by you.
Please note that certain Vouchers may be product-specific in that they can only be used to purchase specific Sitting Pretty products listed on the Website, e.g. Items that aren’t currently on special. Such vouchers cannot be used to buy other items than the one specified.
If you want to return an item bought with the use of a voucher
If you have redeemed a voucher or discount voucher against a purchase, and you’d like to return all items purchased, Sitting Pretty will refund you or credit your account with the rand value of the purchase and re-issue the voucher or discount voucher, with the same associated terms and conditions.
If you have used a voucher or discount voucher against a purchase and then return some of the items purchased, Sitting Pretty will recalculate the total value of your purchase AFTER the returned item(s) has/have been deducted. If the recalculated purchase value no longer meets the terms and conditions associated with the voucher, Sitting Pretty reserves the right to deduct the value of the voucher off the refund for the returns, or, should you have credit in your Sitting Pretty account, to debit the value of the voucher off your account balance.
Promotion vouchers cannot:
- Be used to buy other vouchers
- Be exchanged for cash
- Be transferred to anyone else
- Be used after the expiry date which is 15 days from date of issue
- Be used together with any other promotion, including against sales/ clearance items that have already been discounted or are on special offer
- Be used in any other shop that stock Sitting Pretty clothing.
Newsletter sign-up coupon
- Sitting Pretty customers do not have the right to newsletter vouchers and cannot earn them.
- The R100 Sitting Pretty newsletter coupon is issued once – when the newsletter subscriber signs up to the Sitting Pretty newsletter for the first time.
- The R100 newsletter coupon can only be used once per Sitting Pretty account holders, and cannot be used in conjunction with any other Sitting Pretty offer or promotional coupon.
- The R100 Sitting Pretty newsletter coupon can only be redeemed against basket sizes to the value of R300 or more, where at least R300 is made up of full priced products.
- The coupon is not valid against items on special / sale.
- The R100 coupon is valid only until the specified date.
- To claim your R100 coupon, visit www.sittingpretty.co.za and add full priced item(s) to the value of R300 or more to your cart. Enter the coupon code we provided you with by email in the coupon code box at Checkout.
- Returns of products to which the R100 coupon was applied will be refunded at the actual rand value paid for the product.
- Newsletter coupons which have passed their expiry date will not be reinstated. This includes vouchers that have been redeemed against items that are subsequently returned.
- Signing up to the Sitting Pretty newsletter multiple times, with multiple email addresses, in order to secure additional R100 newsletter coupons is abuse of the benefit and is tantamount to stealing. Perpetrators will be dealt with accordingly.
- The R100 Sitting Pretty newsletter coupon is issued once – when the newsletter subscriber signs up to any of Sitting Pretty’s Newsletters for the first time.
- Signing up to a second or third Sitting Pretty newsletter with the same email address – does not qualify for another R100 newsletter coupon.
- Sitting Pretty has the right to cease the promotion at its own discretion.
- We assume no liability for the loss, theft or illegibility of gift or promotional coupons.
Newsletter sign-up Competition – 26/11/2014 – 15/12/2014
- The promoter is Sitting Pretty Clothing, CC registration number: 2009/196535/23, a company incorporated in the Republic of South Africa (herein after referred to as “Sitting Pretty”).
- Employees of Sitting Pretty or their family members or anyone else connected in any way with the competition or helping to set up the competition shall not be permitted to enter the competition.
- There is no entry fee and no purchase necessary to enter this competition.
- The competition starts on 26/11/2014.
- Closing date for entry will be 15/12/2014. After this date the no further entries to the competition will be permitted.
- No responsibility can be accepted for entries not received for whatever reason.
- The rules of the competition and the prize for each winner are as follows:
- The participant must share the Sitting Pretty competition Facebook post on Facebook or on twitter or retweet the Sitting Pretty competition tweet,
- The participant must sign-up for the Sitting Pretty newsletter.
- Sitting Pretty reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by Sitting Pretty.
- Sitting Pretty is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.
- No cash alternative to the prizes will be offered. The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.
- Winners will be chosen at random from all entries received and verified by Sitting Pretty
- The winner will be notified by email and/or letter within 28 days of the closing date. If the winner cannot be contacted or do not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.
- Sitting Pretty will notify the winner when and where the prize can be collected.
- Sitting Pretty decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.
- By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.
- The competition and these terms and conditions will be governed by South African law.
- The winner agrees to the use of his/her name and image in any publicity material. Any personal data relating to the winner or any other entrants will be used solely in accordance with current South African data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.
- The winner’s name will be available 28 days after closing date by sending a email to email@example.com
- Entry into the competition will be deemed as acceptance of these terms and conditions.
- This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or any other Social Network. You are providing your information to Sitting Pretty and not to any other party.
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.
Sitting Pretty will claim civil damages from such person if Sitting Pretty 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 Sitting Pretty to take all steps reasonably possible to ensure the integrity and security of the site and in the administrative office.
All credit card transactions are made using the Payfast interface and 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. Sitting Pretty has no access to any confidential information regarding your payment method.
Only Sitting Pretty’s banking partner will access confidential information (such as your credit card number, expiry date, CVV etc.) from time to time.
Sitting Pretty is responsible for adhering to the Consumer Protection Act 68 of 2008 (“CPA”) with the sale of any products from the site. Similarly, Sitting Pretty 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 Sitting Pretty 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, Sitting Pretty provides no guarantee, implied or otherwise, that the content or technology attached to this website is free or 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 firstname.lastname@example.org.
Otherwise call the Customer Care Service at 021 447 1567 (Monday to Friday, 08:00 to 17:00).
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 Ts & 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 Sitting Pretty’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.
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 Ts & Cs.
You and Sitting Pretty 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.
Sitting Pretty has to take all reasonable steps to protect your personal information. For the ends of this clause, “”personal information”” is defined according to the details in the Promotion of Access to Information Act, number 2 of 2000 (PAIA). This information can be downloaded here.
Sitting Pretty is authorised to gather, store and use the following of your information:
Name and surname
Date of birth
Non-personal click patterns
IP address, and
ID or passport number
Sitting Pretty is entitled to gather, store and use the above information for the following purposes:
- To greet you when you access the site
- To inform you (if you have agreed to this) of facts regarding your access and use of the site
- To inform you (if you have agreed to this) of competitions and promotions offered by Sitting Pretty or its partners
- To set up non-personal statistics about internet habits, click patterns and access to the site
- To verify your identity when you make a transaction through Sitting Pretty.co.za
- To ensure the products are received by the addressee
- For remarketing purposes
- The above information is either gathered electronically through the use of “”cookies””, or provided by you voluntarily. You can regulate the use of “”cookies”” independently with your personal search engine settings
- You can choose to not receive any direct marketing information from Sitting Pretty and its partners
Sitting Pretty is entitled to gather, store, compile and share any information gleaned from you, subject to the following conditions:
Sitting Pretty may not make any of your personal details public unless you have agreed to it, or unless it is required for the purposes of any judicial process.
Sitting Pretty may compile, use and share any information that has no bearing on any particular individual, and Sitting Pretty owns and reserves the right to non-personal statistical information gathered and complied by Sitting Pretty.
You acknowledge and agree that certain personal information (such as your full name, delivery address, email address and contact details) may be passed on to the courier company to ensure delivery of the products you have bought.”
CHANGES TO TERMS AND CONDITIONS
Sitting Pretty may, at its own discretion, change these terms and conditions or any part thereof. If you are a registered account holder, Sitting Pretty will inform you of changes by email (to the address you use on registration). At such point, it will be your responsibility to read through the revised terms and conditions to ensure you’re satisfied.
If you’re dissatisfied, you have the right to terminate your registration on Sitting Pretty.
If you are NOT a registered user, Sitting Pretty will be unable to let you know of changes to these terms and conditions.
It will be your own responsibility to visit the website to check whether the terms and conditions have changed, and to make sure you’re satisfied with the changes. If you’re dissatisfied with any changes, you should not use the site in any way.
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 Sitting Pretty, 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
For any communication regarding these terms and conditions, whether for legal notices or serving of other communication documents of any kind, an electronic copy is to be sent to email@example.com. Such copy must be delivered in conjunction with physical copy for serving to be effected. To obtain the physical address, please contact our Customer Care Service at 021 447 1567.
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 Sitting Pretty from time to time (as described above), for as long as the website continues to exist and be operated. Sitting Pretty 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 your 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 Sitting Pretty 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 Sitting Pretty will not have any negative effect on any damages Sitting Pretty may claim.
COPYRIGHT AND OTHER INTELLECTUAL PROPERTY
Any and all copyright relating to the website, including these terms and conditions, is held by Sitting Pretty (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 firstname.lastname@example.org, or call the client service line: 021 447 1567.
Sitting Pretty 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 Sitting Pretty 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 and agreements, are the property of or under licence of Sitting Pretty. As such they are protected by local and international legislation and agreements.
When you sign up for a Sitting Pretty newsletter, opt into marketing communication, register an account, conclude a purchase, visit the site or send an email to email@example.com, firstname.lastname@example.org, email@example.com, firstname.lastname@example.org or email@example.com you agree to get electronic communication from Sitting Pretty.
LINKS, ‘FRAMING’ , ‘SPIDERS’ AND ‘CRAWLERS’
No person, business or website may be linked to any page on this site without prior written permission from Sitting Pretty. Such permission can be obtained by sending an email to firstname.lastname@example.org or by calling the client service line at 021 447 1567.
Links to non-Sitting Pretty sites given on this website are provided “voetstoots” and Sitting Pretty does not necessarily agree with the content of such sites, which Sitting Pretty 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 Sitting Pretty. Such permission can be obtained by sending an email to email@example.com or by calling the client service line at 021 447 1567.
WWW.SITTINGPRETTY.CO.ZA 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.
Sitting Pretty information is as follows:
Core business: fashion manufacturer
Tel. 021 447 1567
Official email address: firstname.lastname@example.org