Terms and Conditions

1. Introduction

The DAVID TLALE online shop can be accessed at www.davidtlale.com related mobile sites and applications (“the site”). The site enables buyers to shop for clothing online
and have them delivered door-to-door or door-to-post office counter within South Africa and Internationally. 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 the DAVID TLALE online shop("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 recognize that you've read and accepted these terms and conditions. By registering, or using the site at all, you recognize 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 DAVID TLALE 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 DAVID TLALE, a division owned by DAVID TLALE (Pty) Ltd, registration number 2015/032348/07, a company incorporated in the Republic of
South Africa (herein after referred to as DAVID TLALE. More information about DAVID TLALE 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. DAVID TLALE will make all reasonable attempts to ensure that special offers are brought to an end when stock runs
out. If it happens that DAVID TLALE is unable to fulfill any order at the advertised price because stock is sold out, DAVID TLAE 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 DAVID TLALE's Delivery and Returns Policy. Please note, the DAVID TLALE
Delivery and Returns policy is incorporated by reference and therefore forms part of these T&Cs.

2. Buying products

1. 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.

2. A purchasing contract ("sale") between you and DAVID TLALE 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 DAVID TLALE (or has been received into DAVID TLALE'S bank account). The above is
dependent on the product being available.

Products on DAVID TLALE 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 DAVID TLALE may remove any item from your basket before the sale actually takes place in the event of the product going out of stock.

DAVID TLALE 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.

3. Cancelling and ending orders
DAVID TLALE 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. DAVID
TLALE 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 (see DAVID
TLALE'S Delivery and Returns Policy for more information).


4. Fraud

DAVID TLALE 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.
DAVID TLALE 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 DAVID TLALE, cardholders will be advised to initiate a chargeback via their bank in order to be refunded. DAVID
TLALE does not process refunds for orders suspected of fraud.

DAVID TLALE does not provide order details relating to orders suspected of fraud.

5. Product Pricing


The price of each product is given in the product information.


Pricing accuracy

1. Every reasonable effort will be made to ensure that the RRP and, if applicable, the Discount Price of all products on DAVID TLALE are correct at the time of your
purchase. If, however, the product is offered at an erroneous price, DAVID TLALE will not be obliged to supply the said product at the incorrect price.


2. DAVID TLALE 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.


6. Delivery fees

1. For orders of R5000 or more, DAVID TLALE delivers free of charge within South Africa, either door-to-door or door-to-post office counter depending on where you are located.


2. For orders under R5000, DAVID TLALE charges a R220 fee to deliver either door-to-door or door-to-counter, depending on where you’re located.


3. Door-to-post office counter deliveries are sent via Speed Services to the relevant post office based on the delivery address. The post office should notify you once your
parcel has arrived.


4. If you reside outside of a main center but would like door-to-door delivery you can select that delivery option for a R350 delivery fee.


5. DAVID TLALE does not deliver to PO Boxes.


6. DAVID TLALE delivers door-to-door in Africa for a fixed fee of R750 per delivery (excluding customs and import duties). Delivery to Africa will take within 10 working days.
Please see Section 10 for specific terms and conditions for delivery outside of South Africa.


7. 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, DAVID TLALE will not be obliged to delivery products at an incorrect delivery fee. DAVID TLALE 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.


7. Making a Payment

Paying by credit card

1. DAVID TLALE accepts payments made by Visa and MasterCard Credit Cards as well as chipped debit cards that have been activated for online purchases, and Electronic
Funds Transfer (“EFT”).

2. When you place an order, the transaction details are presented to the bank for authorization of the payment amount.

3. If authorization is not obtained, the order is cancelled. If authorization is obtained, payment is usually immediate. You guarantee that you are fully authorized 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 DAVID TLALE.

 

Paying by EFT

1. Please note, when selecting to pay by EFT, you have 24 hours post placing your order to make the payment.

2. When making your payment, please be sure to use your order number as your reference. This will ensure that DAVID TLALE can process your order as quickly as
possible.

3. DAVID TLALE will start processing your order as soon as your bank forwards the payment to DAVID TLALE. Depending on the bank, it can take up to 3 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.

4. DAVID TLALE 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.

5. The delivery lead-time as specified on the site only starts once DAVID TLALE has received the payment from your bank.

 

Delivery time and delays

1. 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 6 working days.

2. Delivery to an address in Namibia is estimated to take a maximum of 10 working days.

3. As outlined in Section 8.1 above, all DAVID TLAE 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


1. 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.

2. This also applies when the package has been handed over by the courier, as indicated in the courier's tracking system.

3. 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.

4. Such complaints and claims must be brought to the attention of DAVID TLALE by calling our call center at 087 740 1010 (Monday to Friday, 07:00 to 18:00 and Saturdays, 09:00
to 13:00).


Lost parcels

 

1. 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 online@davidtlale.com

2. 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.

3. If the parcel is declared lost, DAVID TLALE will notify you and reimburse you for the lost parcel (to the amount of the product purchase price and any relevant delivery fee).


9. Defective items, returns and reimbursement


If you are dissatisfied with your purchase due to a defect, incorrect product choice or other reason, you may return it to DAVID TLALE within (30) days of delivery, free of charge if you are based in South Africa , and either receive a DAVID TLALE account credit or a refund, or have the product repaired or replaced, depending on the situation.


The Delivery and Returns Policy informs your rights in this regard.


10. Terms and conditions for International delivery (delivery outside of South Africa):


1. DAVID TLALE delivers internationally to the Southern Africa.

2. Delivery time is estimated at 10 working days (*subject to customs clearance). This estimated delivery time is subject to the clearance of Credit Card or EFT payment.

3. The delivery costs associated with orders sent to Africa are R500 (excluding customs and import duties).

4. The courier/customs department within the destination country will be in contact with you regarding the relevant costs, as well as how to pay and when payment is
required.

5. Returns are not allowed on products shipped outside of South Africa, except if an item is damaged or it is an incorrect item. DAVID TLALE will evaluate each case and
issue a refund upon proof of the damaged/incorrect item. For more details about delivery in Africa, please consult our Delivery and Returns Policy.

Import taxes, customs and duty costs must be paid on all items imported into a country; this is an international importing fee that is not covered by DAVID TLALE. As each
country is different, the recipient will be responsible for the respective import, customs, duties or taxes charged in their country. Refusal to pay these taxes means that the
product/s ordered from DAVID TLALE cannot be collected. Please note that a refund on these item/s will not be allowed.

Definitions:


DAP: A term used on a customs invoice:

The DAP Incoterm means: “Seller (DAVID TLALE) clears the goods for export and bears all risks and costs associated with delivering the goods to the named place of
destination not unloaded. Buyer (recipient) is responsible for all costs and risks associated with unloading the goods and clearing customs to import the goods into the
named country of destination.”


Returns:

Returns are not allowed on products shipped outside of South Africa, except if an item is damaged or it is an incorrect item. DAVID TLALE will evaluate each case and issue
a refund upon proof of the damaged/incorrect item.

For more details about our returns policy and for any other queries, please email our support team on online@davidtlale.com



12. Sales records

Complete records of each transaction between you and DAVID TLALE are kept on the site for 12 months after a particular purchase or related transaction. During this time,
you'll be able to view and print out these records. After the 12-month period the responsibility of keeping such record falls onto you.


Promotional vouchers

Promotional vouchers are issued at DAVID TLALE'S discretion. 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.

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.

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, DAVID TLALE 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, DAVID TLALE 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, DAVID TLALE reserves the right to deduct the value of the voucher off the refund for the returns, or, should you have credit in your DAVID TLALE account, to debit the value of the voucher off your account balance.


Promotion vouchers cannot:

1. Be used to buy other vouchers

2. Be exchanged for cash

3. Be transferred to anyone else

4. Be used after the expiry date

5. Be used together with any other promotion, including against sales/ clearance items that have already been discounted in Outlet or are on special offer


Newsletter Sign-up Coupon

1. DAVID TLALE customers do not have the right to newsletter vouchers and cannot earn them.


Gift Vouchers

davidtlale.com may make physical and/or electronic gift vouchers ("Vouchers"), as well as electronic promotional coupons ("Coupons") available on the Website from time to time.



General

Vouchers and Coupons can only be redeemed:

1. While they are valid, their expiry dates being unable to be extended; on the Website towards the purchase of davidtlale.com products. Vouchers cannot be:

used to purchase other Vouchers or Coupons;

used towards purchases at any affiliate websites or

exchanged for cash

Please note that certain Vouchers may be product-specific in that they can only be used to purchase specific davidtlale.com products listed on the Website, e.g. Items that aren't currently in Outlet.

Gift voucher value can be set by you, to any value between R2000 and R15 000.

The chosen value must be in rands, no cent values are permitted.

You may use more than 1 voucher per transaction, should you wish to.

If a gift voucher Is used to purchase a cart that is of a higher value than the voucher, the residual amount will be tied to the voucher code.

You can check the balance of a gift voucher within your user account section.

If you have a gift or promotional voucher, that voucher can be used by someone other than you and you can assign your rights to use that voucher.

We assume no liability for the loss, theft or illegibility of gift or promotional coupons.



Conditions for the redemption of gift vouchers

You may purchase gift vouchers for use on the Site by yourself or as a gift. These gift vouchers will be sent to you or your chosen recipient via email.

Gift vouchers cannot be used to buy further gift vouchers. Gift vouchers may only be purchased through cheque, credit card, SnapScan or EFT.

The credit of a gift voucher does not accrue interest nor does it have a cash value.

Gift vouchers are not refundable for cash once purchased.

If the credit of a gift voucher is insufficient for the Order you wish to make, you may make up the difference through either card, EFT



Security

Anyone downloading or trying to download malware or damaging coding on this site, or who tries to gain unauthorized access to any page on this site, will be prosecuted. DAVID TLALE will claim civil damages from such person if DAVID TLALE 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 DAVID TLALE 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 the site 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. DAVID TLALE has no access to any confidential information regarding your payment method.

Only DAVID TLALE'S banking partner will access confidential information (such as your credit card number, expiry date, CVV etc.) from time to time.

DAVID TLALE'S registration documents and the registered domain name are verified and underwritten by Thawte.

Indemnity

DAVID TLALE is responsible for adhering to the Consumer Protection Act 68 of 2008 ("CPA") with the sale of any products from the site. Similarly, DAVID TLALE 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 DAVID TLALE 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, DAVID TLALE 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
online@davidtlale.com

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 DAVID TLALE'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 Ts & Cs.

You and DAVID TLALE 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

DAVID TLALE 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.
DAVID TLALE is authorized to gather, store and use the following of your information:

Name and surname
Date of birth
Sex
Citizenship
Nearest city
Non-personal click patterns
Email address
IP address, and
ID or passport number

DAVID TLALE is entitled to gather, store and use the above information for the following purposes:

1. To greet you when you access the site.

2. To inform you (if you have agreed to this) of facts regarding your access and use of the site.

3. To inform you (if you have agreed to this) of competitions and promotions offered by DAVID TLALE.
 
4. To set up non-personal statistics about internet habits, click patterns and access to the site.

5. To verify your identity when you make a transaction through davidtlale.com

6. To ensure the products are received by the addressee

7. For remarketing purposes

8. 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

9. You can choose to not receive any direct marketing information from DAVID TLALE and its partners

DAVID TLALE is entitled to gather, store, compile and share any information gleaned from you, subject to the following conditions:

DAVID TLALE 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.

DAVID TLALE may compile, use and share any information that has no bearing on any particular individual, and DAVID TLALE owns and reserves the right to non-personal
statistical information gathered and complied by DAVID TLALE.

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

DAVID TLALE may, at its own discretion, change these terms and conditions or any part thereof. If you are a registered account holder, DAVID TLALE 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 DAVID TLALE.

If you are NOT a registered user, DAVID TLALE 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.



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 DAVID TLALE, 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 center, 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

DAVID TLALE 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:

5th Floor
Maboneng Precinct
No. 289 Fox Street
Johannesburg
2094
Tel. 011 614 7424

An electronic copy is to be sent to online@davidtlale.com (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 DAVID TLALE from time to time (as described above), for as long as the website continues to exist and be operated. DAVID TLALE 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 DAVID TLALE 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 DAVID TLALE will not have
any negative effect on any damages DAVID TLALE may claim.

Copyright and other intellectual property

Any and all copyright relating to the website, including these terms and conditions, is held by DAVID TLALE (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 online@davidtlale.com

DAVID TLALE is unable to edit or screen all content on the site, and will not be held accountable for illegal, libelous or obscene content. We advise you to inform DAVID
TLALE 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 license of DAVID TLALE. As such they are protected by local and international legislation and agreements.

Electronic communication

When you sign up for a DAVID TLALE newsletter, opt into marketing communication, register an account, conclude a purchase, visit the site or send an email to online@davidtlale.com, you agree to get electronic communication from DAVID TLALE

Links, 'Framing', 'Spiders' and 'Crawlers'

No person, business or website may be linked to any page on this site without prior written permission from DAVID TLALE. Such permission can be obtained by sending an
email to online@davidtlale.com


Links to non-DAVID TLALE sites given on this website are provided “voetstoots” and DAVID TLALE does not necessarily agree with the content of such sites, which DAVID
TLALE 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 DAVID TLALE. Such permission can be obtained by sending an email to online@davidtlale.com

davidtlale.com 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.


DAVID TLALE Information is as follows:


Name: DAVID TLALE (Pty) LTD
Company Reg. No.: 12015/032348/07
Core business: High-fashion House


Legal Notice Address:
the following address:
5th Floor
Maboneng Precinct
No. 289 Fox Street
Johannesburg
2094


Tel. 011 614 7424
Director: DAVID TLALE


Website: www.davidtlale.com
Official email address: online@davidtlale.com
PROATIA: The manual published in terms of article 51 of the Promotion of Access to Information Act 2 of 2000, can be downloaded from

 


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