This website is operated by I-Wear Clothing (Pty) Ltd. Throughout the site, the terms “we”, “us” and “our” refer to I-Wear Clothing (Pty) Ltd. I-Wear Clothing (Pty) Ltd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on WooCommerce Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction (Our products are only available in our Territory – Sub-Saharan Africa). We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store / website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall I-Wear Clothing (Pty) Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states, province or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless I-Wear Clothing (Pty) Ltd and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of South Africa.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – COPYRIGHT, TRADEMARK AND WARRANTY
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws of South Africa. The collective work includes works that are licensed to FLYGRIP Incorporated registered in the United States. Copyright 2010, FLYGRIP INC ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with FLYGRIP Sub-Saharan Africa or purchasing FLYGRIP products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with FLYGRIP Sub-Saharan Africa, or to purchase FLYGRIP products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by FLYGRIP Sub-Saharan Africa and FLYGRIP INC. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks & Patents
All trademarks, service marks and trade names of FLYGRIP used in the site are trademarks or registered trademarks of FLYGRIP INC in the United States. The Flygrip unit is patent and registered world-wide with WIPO (World Intellectual Property Organization) and FLYGRIP INC reserves the right to exclude anyone from making, using or selling this invention. Flygrip Sub-Saharan Africa has obtained specific approval from Flygrip Inc to act as it’s sole exclusive distributor in Sub-Saharan Africa to resell and distribute Flygrip products.
30 Day Warranty
I-Wear Clothing (Pty) Ltd provide a 30 day warranty on the purchase of the Flygrip unit (only) – (not for stickers or adhesives) for defects you might experience. You can send the unit back to our office’s and upon determination and investigation of the defective unit, we will replace it for you at no extra cost, except for the delivery fees. Upon purchase of the unit, you will indemnify I-Wear Clothing (Pty) Ltd for any negligence on your part and we cannot replace the unit if the defect is determined to be caused by you. See our Return Policy
SECTION 21 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org
Terms and conditions of sale
|1.||All items must be paid for in full before they are dispatched.|
|2.||Additional documents may be requested for credit/debit/ card payment and EFT payment options.|
|3.||All communications to us concerning purchases must be made via email unless otherwise indicated / directed by us.|
|4.||I-Wear Clothing (Pty) Ltd offers goods and services on behalf of manufacturers and suppliers.|
|5.||We will endeavor to keep our pricing as accurate as practicable; sometimes this is not immediately possible. We accept no liability for any inaccuracies.|
|6.||You are advised to confirm the cost at the time of purchase as some items may be subject to special offer.|
|7.||I-Wear Clothing (Pty) Ltd reserves the right to cancel an order at anytime.|
|8.||We cannot guarantee the availability of products, due to possible demand or supply issues; orders, deals, products or services are on a “first come, first served” basis only.|
|9.||All products / goods / services are sold with manufacturer’s / supplier’s 30 day warranty only. I-Wear Clothing (Pty) Ltd accepts no liability whatsoever for claims of this nature, if the unit you signed for was delivered in good order.|
|10.||For any orders more than 200 units, I-Wear Clothing (Pty) Ltd will request you to sign a resellers agreement as to ensure that any resale of our units are not done outside our Territory. Please email us at email@example.com for your minimum order quantities (MOQ) and agreement.|
Pricing and Purchase
|1.||All prices on the website for Goods are inclusive of legally applicable VAT (Value Added Tax). Prices are set out to you prior to your purchase and at order confirmation. Our prices may change at any time, but changes will not affect your order, other than in circumstances described in Clauses 4 below.|
|2.||Placing your order: After you place an order by clicking the “Buy Now / Shop Now” button and agreeing to these Terms of Sale and Terms and Conditions, you will receive an email confirming receipt of your order and the details of your order. You will receive another email confirming dispatch of the Goods.|
|3.||Errors and omissions: Occasionally there may be an error or omission related to the pricing or description of the Goods we sell. We will use reasonable endeavors to correct any errors or omissions as soon as practicable after being notified or learning of them. We reserve the right to change, modify, substitute, suspend, or remove without notice any information related to Goods for sale (including the Goods themselves).|
|4.||Post-purchase errors and omissions: Where we have made an error or omission and you have already purchased the Goods:|
|4.1.||If the actual price of the Goods is less than the stated price at the time you purchased the Goods, we will charge you the lower price; or|
|4.2.||If the price of the Goods is higher than the stated price, we will contact you and allow you the option to pay the correct (higher) price or cancel your order and receive a full refund.|
Changes to order
Once you have placed your order, we are unable to make any changes to your order, including the quantity of Goods ordered or the delivery address. This Clause does not impact your legal rights to cancel your order or to as for a refund for the particular purchase.
Cancellations and Refunds
|1.||Should you wish to cancel a purchase, you must do so in writing (by email) within 7 (seven) days of purchasing the item.|
|2.||Only goods / items in their original packaging may be returned to I-Wear Clothing (Pty) Ltd, head office.|
|3.||You will be solely responsible for all shipping costs to and from I-Wear Clothing (Pty) Ltd in the event of cancellation. Please ensure that you send your returned goods to the address as mentioned on the Refund Request Form at the Top of the page.|
|4.||Not all cancellation requests will be granted.|
|5.||Refunds will be processed upon receipt of the item by I-Wear Clothing (Pty) Ltd.|
|6.||There is no cancellation fee; but you will be liable and or responsible for all shipping fees incurred towards I-Wear Clothing’s (Pty) Ltd’s warehouse address.|
|7.||Refunds will be made in form of an EFT refund|
|8.||Please email firstname.lastname@example.org and we will provide you with the Refund Request Form to complete in order to process your refund. Refunds into your bank account can take up to 14 business days to complete and you indemnify and hold I-Wear Clothing (Pty) Ltd harmless for any mistakes you have made in completing your correct bank details on the Refund Request Form.|
Shipping / Delivery
|1.||All items will be shipped within 3 (three) – 7 (seven) business days of purchase where possible. Deliveries to Sub-Saharan Africa countries can be within 7 (seven) – 15 (fifteen) business days.|
|2.||Please note that your order has been double checked and verified by our shipment department.|
|3.||If your purchase item is damaged upon delivery you must notify us within 24 hours, where we will endeavor to ship a replacement item, after inspecting the nature of the defect unit. (Please look at our Return Policy)|
|4.||If the item (Flygrip unit only – medium/large) received is not the Flygrip Unit you ordered you must contact us immediately. Whereupon we will investigate the matter, and where practicable we will arrange for the correct item to be dispatched to you as soon as possible. Please note that the above excludes all other accessories as we cannot replace or issue all other accessories incorrectly ordered.(Return Policy)|
|5.||Upon receipt of your damaged Flygrip Unit only, we will determine the item to be a manufacturing fault and make necessary arrangements to ship a new item to you, after receipt of your damaged item. If we find the item be damaged due to your negligence we will not resend a new item to you.|
|6.||Please note that once our products (Flygrip Units, stickers, adhesives) have left our warehouse, it has been Quality Checked for any faults and or missing items and will contain a green sticker on the box you ordered indicating that your order has been thoroughly checked. This mean that we made sure that you receive what you have ordered in quantities, size and manufacturing fault free.|
|7.||Stickers or adhesives cannot be replaced and you need to make sure that you choose the correct stickers. No refunds will be made for incorrect stickers or any other accessories ordered and delivered.|
|8.||Delivery will be attempted only once before returning to I-Wear Clothing (Pty) Ltd. All Re-delivery Parcel for incorrect, incomplete addresses, not available, no one home will be charged at standard shipping rates.|
We can ship to virtually any address in South Africa and Sub-Saharan Africa (except PO Box). WE ONLY SHIP TO SUB-SAHARAN AFRICA COUNTRIES.
Please also note that the shipping rates for all our items we sell are weight and value-based.
I-Wear Clothing (Pty) Ltd partners with major shipping companies like Courier IT, DHL, The CourrierGuy, FASTWAY, DPE, Churchill to ship our product. Processing time differs from category to category. On average, we will take 2 – 3 business days to prepare your order and 3 – 7 business days for your product to be delivered to your destination, EXCEPT for Sub-Saharan Africa countries of which can take between 7 – 15 business days.
Please note when ordering more than 20 Flygrip units at a time it is considered to be a bulk order and you can contact email@example.com for your bulk order quote and best shipping rate.
Also for stickers ordered more than 20 stickers and or adhesives at a time, your order is considered to be a bulk order and you can contact firstname.lastname@example.org for your bulk order quote and best shipping rate.
I-Wear Clothing (Pty) Ltd is governed solely by the Laws of South Africa.
We reserve the right to select on your behalf any promotional item(s) made available for promotions where there is a choice of products for selection and where you have not indicated in your initial order process for that promotional period.