These Website terms and conditions (T&Cs), which include any Policies on Jonsson Workwear’s Website (“JW”, “we”, “us” and “our”), apply to the ordering, sale and delivery of goods and services, access to the information and use of this Website by Customers (“you”, or “your”).
By using this Website, you are bound by and agree to these T&Cs, which we may change without notice from time to time. If you do not agree to any of the T&Cs you should not continue to use the Website.
These T&Cs are important and should be carefully noted as they contain provisions which, within the limits of the Consumer Protection Act, may limit JW’s risk or liability, create risk or liability for you as a consumer, may compel you to indemnify JW and serves as an acknowledgement by you of any fact.
Should you not understand any of the contents of these T&Cs, you are advised to contact JW to assist with further explanation of the T&Cs before accepting them.
“Customer Care” means our dedicated customer care team that can address your concern, telephone number +27 871 505050, email address [email protected] or alternatively submit your query in our “contact us” section on our Website.
"Customer” means any natural or juristic person who enters or intends entering into an electronic transaction with JW as the user of the goods or services offered by JW.
“Items” means the Product/s selected by the Consumer for purchase when placing an order on our Website.
“Order” means the collection of items purchased by you from our Website.
"Policies" means the various JW policies contained in or referred to herein and on our Website and product information, which form part of these T&Cs and which may be updated from time to time.
"Products" means all products or services displayed for sale on our Website, including but not limited to clothing, footwear and delivery.
“Website” means our online store, which can be accessed at (www.jonssonworkwear.com).
“Working Days” means between 08h00 and 17h00 Monday to Friday, excluding Saturdays, Sundays and statutory public holidays in the Republic of South Africa.
SUPPLY OF GOODS AND/OR SERVICES IN TERMS OF THE ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT 25 OF 2002 ("The Act")
These terms are subject to the provisions of the Electronic Communications and transactions Act no. 25 of 2002 (the “ECT Act"). Any of the terms that conflict with the compulsory provisions of the ECT Act will be deemed to have been modified, to comply with such provisions of the ECT Act.
Complaints and Disputes:
We are bound by the Consumer Goods and Services Industry Code and are a participant in the Consumer Goods and Services Ombud Scheme. An electronic copy of the Code is available at http://www.cgso.org.za/. If you have a complaint about the goods or services provided by us or require information regarding our internal complaints-handling process, please use the "Contact Us" service on the Website or you can contact our Customer Care team on +27 871 505050 or contact us via email at [email protected]
In the event of your complaint not being resolved to your reasonable satisfaction by us within 15 (fifteen) business days of having notified us or such extended period as agreed between us and yourself, you are entitled to approach the Consumer Goods and Services Ombud within a reasonable time, who will assist in resolving the dispute:
Sharecall: 0860 000 272
Email: [email protected] / [email protected]
Fax: 086 206 1999
Consumer Goods & Services Ombud
Bond Street Business Park
374 Kent Avenue
Postal Address: P.O. Box 3815
As provided for in section 42(2)(a) of the Act, you acknowledge and agree that Section 44 of the Act (the Cooling-off period) does not apply to transactions concluded by means of the Website.
USE OF THE WEBSITE AND SOCIAL MEDIA PLATFORMS
JW is active on Facebook, Instagram, LinkedIn and other social media platforms from time to time (“Social Media Platforms”).
You agree to use the Website for lawful purposes only. Without derogating from the generality of the aforegoing, if you should choose to access or use this Website from locations other than the Republic of South Africa, you do so at your own peril and you are responsible for compliance with applicable local laws.
You are prohibited from posting or transmitting, by means of reviews, comments, suggestions, ideas, questions or other information through the Website and Social Media Platforms, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually-explicit, profane or hateful, or racially, ethnically or otherwise objectionable content of any kind, which content includes but is not limited to:
any content that may fall within the scope of Section 9 of the Constitution of the Republic of South Africa, which prohibits discrimination on the grounds of, inter alia, race, sex, gender, marital status, religion;
any content that encourages conduct that would constitute a criminal offence or give rise to civil liability, or otherwise violate any applicable local, provincial, national, or international law;
any content that constitutes an invasion of privacy;
any content that is an infringement of any intellectual property right;
any content that contains software viruses; or
any content that constitutes a political statement, commercial solicitation, or "Spam".
Although we do not purport to review (nor are we under any obligation to review) any submitted content, we reserve the right to remove any content from the Website and Social Media Platforms where we deem such content, in its sole and absolute discretion, to be an infringement or harmful in anyway whatsoever. Should you place on or submit to the Website or Social Media Platforms any such harmful content or should you breach any clause in these T&Cs, we may immediately terminate and/or suspend your access to all or parts of the Website or Social Medial Platforms, without any further notice to you.
The following activities on or through the Website and Social Media Platforms are expressly prohibited:
any non-personal or commercial use of any robot, spider, other automatic device or technology, or manual process to monitor or copy portions of the Website or Social Media Platforms or the content contained thereon, without the prior written authority of JW;
the collection or use of any listings, descriptions, and/or price lists from the Website or Social Media Platforms for the benefit of a competing merchant that supplies products comparable to those offered on the Website;
any use or action that imposes an unreasonable or disproportionately-large load of traffic on the Website or Social Media Platforms, or otherwise interferes with the proper and timely functioning of the Website of Social Media Platforms;
any attempt to gain unauthorised access to the Website or its related systems or networks;
accessing the Website for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purpose; and
the reverse engineering or decompiling of the Website to (without limitation) (i) build a competitive product or service; (ii) build a product using similar ideas, features, functions or graphics of the Service; (iii) copy any ideas, features, functions or graphics of the Website.
When you register on the Website, you will be required to provide certain access details, including a username and a password. You are responsible for maintaining the confidentiality and security of your User Name and Password for access to the Website and you accept full liability for all activities that occur on or involves the Website under your User Name. You may not:
allow other people to use your User Name and Password;
impersonate another User or any third party; or
provide false information to gain access to the Website.
You also warrant your identity (in other words, you are who you say who you are), and that you can prove your identity should we require you to do so.
Although reasonable steps have been taken to ensure the accuracy and completeness of the contents, data and information on this Website, there may be instances where such information proves inaccurate or incomplete. Before making any decision or taking any action which might affect you or your business, you should take all reasonable steps to ensure and verify the accuracy of the contents, data and information obtained from this Website, especially if certain information appears to be inaccurate, particularly product pricing and promotional content.
Without limiting the generality of the aforegoing, this Website could include technical, typographical or other inaccuracies and you are urged to contact your own professional advisors to confirm all information contained on this Website prior to placing reliance thereon. Changes are periodically made to the information herein and these changes will be incorporated in new editions of this Website.
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PURCHASES AND STOCK AVAILABILITY
Use of our Website confirms your understanding and acceptance of these T&Cs, and you will be bound by these T&Cs during all transactions relating to the purchase of Products from our Website.
Prices displayed on our Website are subject to change without notice. Prices will include VAT, where this is required by specific country legislation.
Orders placed may be declined or cancelled in the event of Products being out of stock, damaged Products, incorrect Product information, incorrectly displayed prices, and due to payment for Products not being received or payments not being authorised by JW. In this circumstance, if an order has been cancelled where credit card has been the method of payment the amount will automatically be refunded back to the credit card.
To place an order with us for any product(s) for sale on our Website ("Product(s)"), you must register and set up an account on the Website. You agree and warrant that the user name and password chosen by you at the time of registration shall: a) be used for your personal use only; and b) not be disclosed to any third party. We shall not be responsible for any misuse of your log-in details as a result of your failure to comply with this provision.
Once you have registered an account, you must follow the instructions on the Website as to how to submit an order on the Website. You hereby warrant that all personal information that you provide us at the time of placing an order is accurate and expressly agree that we cannot be held liable for acting upon any incorrect or inaccurate information provided by you.
Once you have selected the Product(s) that you wish to order and have proceeded to the 'checkout' screen, the amount to be paid by you for such Product(s) will be displayed together with the additional charges that you must pay for the Product including VAT and shipping fees (where applicable). All charges will be displayed in South African currency. By submitting your order from the checkout screen, your order will be complete, and you will be deemed to have made a valid and binding offer to purchase our Product(s).
You must pay for the Product(s) in full at the time of ordering by supplying us with your credit or debit card details from a credit or debit card company acceptable to us, which we require in order to process your order.
We reserve the right not to accept certain forms of payment and to refer you to an alternative payment method, at our sole discretion.
By providing us with the details of a credit or debit card for payment for our Product(s), you are warranting that you are legally entitled to use that card or account and that the card has sufficient funds to cover the proposed payment to us.
We reserve the right to obtain validation of your payment details from the relevant financial institution prior to providing you with the Product(s).
Your order remains an offer to purchase our Product(s), until we issue our confirmation of order or, if earlier, when we receive your notice revoking your order. We are not obliged to supply the Product(s) to you until we have accepted your order. We may refuse to accept an order from you for any reason, including unavailability of Product(s) or we may offer you an alternative Product (in which case we may require you to re-submit your order first). Acceptance of your order by us will be confirmed by way of an email to you containing a "Confirmation of Order". Your order may be cancelled or modified by you by notifying us by email at any time prior to receiving the "Confirmation of Order" email. We reserve the right to 'partially fulfil' any order by confirming our acceptance of your order in respect of only certain Products ordered by you. In such instances, the remainder of your order will still be considered an 'offer to purchase' until we confirm our acceptance of the order for such remaining Product.
Although we make every effort to ensure that the prices published upon the Website are accurate and up to date, we reserve the right to change the price of any Product prior to our acceptance of your order. In the event that there is any change in the price of any Product ordered by you, we will contact you to confirm that you wish to proceed at the amended price.
We reserve the right, in the case of suspected fraud (in our sole discretion), to refuse to accept or process payment on any order, and/or to cancel any sale concluded between you and us, in whole or in part.
If, after we have accepted your order, a Product is not available for any reason, we will notify you and return any payment that you have made, and we accept no liability which may arise as a result of such refusal to process any order/sale.
In the event of any refunds of any order, we will always attempt to refund any money received from you using the same method originally used by you to pay for the Product(s). If this is not possible for whatever reason, we will contact you to arrange an alternative method of refund.
It is your sole responsibility to ensure that any Products ordered from us are sufficient and suitable for your purposes. We do not warrant that our Products will meet your individual requirements, nor do we warrant that they will be fit for your individual purposes. Our Products are designed as standard for the purposes described and are not tailor-made to individual requirements.
Payment is subject at all times to JW’s agreements with its bankers and the outsourced financial transactions service provider.
You may pay for your online orders and delivery costs using several payment options, on our Website, including where available:
Credit card, cheque card or debit card
Our Payment Gateway subscribes to high security and encryption standards allowing all Customers to shop with peace of mind. Our Payment Gateway have taken all reasonable security measures to ensure that payment and card details, as well as related confidential information, cannot be accessed by anyone who is not authorised to do so.
When placing your order, and proving the required personal details, including your payment card details you warrant that you are authorised to make payment with the payment card and that there are enough funds available to pay for your order.
PayPal (refer to PayPal’s terms and conditions), which you will be bound by when using this payment method, https://www.paypal.com/uk/webapps/mpp/ua/legalhub-full.
We regret that we do not accept cheques.
Once your payment has been received you will be issued with acknowledgement of payment and the delivery process will then commence.
DELIVERY AND RETURNS
Due to the nature of Product, delivery options may differ per division and product, and not all delivery options are available for all items ordered.
Delivery fees vary depending on your selected delivery option and Items ordered and are calculated per item and in accordance with the location of your delivery address. The delivery fee will be displayed during the ordering checkout process, but before checkout has been finalised.
We will notify you via email as to the process of your order, and you will also be able to track your order on our Website.
Upon delivery or collection of your order a delivery/collection note will be issued for signature, reflecting the items that are being delivered or collected, delivery fees, Value-Added Tax and the amount paid.
Customers will liable for all importation and customs duties, Customs VAT and/or handling fees applicable to international orders outside the Republic of South Africa. Fees will vary according to items ordered and country where the parcel is delivered to.
You should always check that the items being collected or delivered are correct and are free from any defects. Should the packaging be damaged, and you accept the order without fully inspecting the items you should add a note on the delivery note stipulating that the packaging was damaged, or items were not inspected. Where there is an issue with the items detected after acceptance of the order, you should notify our Customer Care team without delay in order for us to be aware of any issues with the items and in order for arrangements to be made for the items to be returned and refunded.
Although reasonable care shall be taken, we cannot accept responsibility for incorrect delivery details that have been provided to us, or if an unauthorised person at your chosen delivery address accepts delivery of your order, as we do not verify the identity of the person at the delivery address who signs the delivery note.
After 2 (two) failed attempts to deliver your order to you at your chosen delivery address via our courier’s services, your order shall be returned to us and the purchase shall be reversed after the cost of the second delivery has been deducted.
For purposes of this clause “we, us, our” shall include any agent or independent contractors who may be responsible for delivery on behalf of us which shall also include the South African Postal Office or a courier services.
Should you not be satisfied with any item/s purchased on our Website, you may return goods for refund, goods should be received in a saleable condition within 30 (thirty) calendar days of purchase.
Should any items purchased on our Website be defective, these items, if unaltered, may be returned for refund. Goods should be received in a saleable condition within 30 (thirty) calendar days of purchase.
International customers may be liable for the delivery cost of the return should the customer have ordered incorrectly. The charge will be deducted from the customers refund amount.
The returns process must be followed for a successful credit.
CANCELLATIONS AND REFUNDS
You may cancel your order prior to us sending you the order shipping notification. Should you cancel orders after we have sent out the order shipping notification a shipping fee will be deducted from your refund.
Qualifying refunds will be processed as follows:
Where manual credit card and debit card payment is made, and returns are processed online, and items returned within 7 (seven) days from delivery.
Where items are purchased using credit or debit cards and returns are processed using the courier services, your credit or debit card will be refunded within 30 (thirty) days of receipt of the returned items on condition that they are in acceptable condition, except where the Product is defective. Credit may take up to 14 days to reflect in your bank account.
PayPal refunds (refer to PayPal’s terms and conditions) https://www.paypal.com/uk/webapps/mpp/ua/legalhub-full.
RISK AND OWNERSHIP
All risk in the Product shall pass to you upon dispatch for delivery. From the time when risk passes to you, we will not be liable for loss or destruction of the Product
CHANGES, SUSPENSION, AND TERMINATION
We may alter and/or amend the Website at any time without giving notice to you.
We may suspend or terminate the Website at any time without giving notice to you.
We may terminate your account at any time for any reason, including any improper use of this Website or your failure to comply with any provision of these T&Cs.
Such termination shall not affect any right or remedy to relief to which JW may be entitled.
Upon termination of the Website or your account, all rights granted to you will terminate and revert to JW.
JW may at any time modify these T&Cs without notice to you. If you are not satisfied with the amended T&Cs, you should refrain from using the Website, as your continued use of the Website is deemed to constitute your acceptance of the T&Cs as amended and in force at the time of your use.
We will however give you notice where we have collected personal information from you and the purpose for which we collected that information is affected by the intended modification.
We accordingly advise you to read and take note of these T&Cs each and every time you visit the Website, as they may have been modified since your last visit. You shall be deemed to have read and accepted the latest version of the T&Cs available on the Website whenever you visit the Website.
The Products supplied by us shall be suitable only for the purpose designed and intended and you shall ensure the Products are handled, stored, installed, used, worn or otherwise dealt with in a normal and reasonable manner, and where applicable, in a manner consistent with the instructions given when the Products were purchased.
We shall not be liable for any action or claims for injury or damages of whatever nature arising from or in connection with use of the Products in breach of these T&Cs.
LIMITATION OF LIABILITY
Whilst every attempt is taken by JW to ensure your security when making use of the Website, due to the nature of the internet we are unable to guarantee that any products and services or any websites accessible via the Website will be uninterrupted or virus or error-free. We therefore caution you to check all emails, attachments and files before downloading them.
We may provide links to other websites, social media sites or resources. We are unable to accept, and do not accept, responsibility for these websites, social media sites or resources; nor have we endorsed their content, products or services merely because they are accessible via the Website.
While we make all reasonable efforts to ensure that all information provided by us in connection with the Website is accurate at the time of its inclusion on the Website, you acknowledge and understand that there may be errors, including incorrect prices, inaccuracies or omissions in respect of which we exclude all liability. We make no representations, guarantees or warranties of any nature whatsoever concerning the information included on our Website and web pages (including, but not limited to, links to third parties' web pages). You shall be solely responsible for any decisions or actions you take based on the information contained on such web pages.
While we take all reasonable steps to safeguard the security of any information you input or send to us in connection with the Website, by using secure services and encryption technology where we deem appropriate, we accept no responsibility or liability whatsoever, as far as the law allows, for any damages that you may suffer as a result of the breach of the confidentiality of such information.
You hereby agree, as far as the law allows, to indemnify JW against any loss, claim or damage suffered, or liability sustained by you or any third party acting for you, due to your or their use of our website and/or any thirty party websites linked to our website.
We shall not be liable to you in contract, delict (including for negligence) or otherwise:
for any amount in respect of any damage or loss arising from the consequences of your use of the Website, viruses received by you via the Website or of our failure to provide the Website in accordance with these T&Cs;
for any economic losses or damages, any indirect, special or consequential loss (including (without limitation) loss of data, goodwill or reputation or any wasted expenditure) including but not limited to losses arising from your use of the Website or through any viruses;
for any failure to perform our obligations or failure to perform our obligations properly as a result of our being prevented from doing so by an event beyond our reasonable control (which may include, without limitation, strikes; labour disputes; acts of God; war; riot; civil action; malicious acts or damage; compliance with any law, governmental or regulatory order, rule, regulation or direction; any act or omission of any government or other competent authority; accident; equipment or services failure, including the unavailability of third party telecommunications services, lines or other equipment; the failure of third party suppliers to comply with their obligations to us; fire; flood or storm).
Each provision of this clause operates separately. If any part is held by a court to become unenforceable due to voidness, invalidity, illegality or unlawfulness, then the other parts shall be severable and shall still apply in their entirety.
The Protection of Personal Information Act (POPI) is aimed at protecting your personal information and prescribes what we must and must not do with it. POPI created an Information Regulator who checks that companies like Jonsson Workwear manage personal information in a responsible manner that respects your privacy.
What information about you do we collect?
Personal information when used in this policy means information that can identify you as an individual or is capable of identifying you. By personal information we don't mean general, statistical, aggregated or anonymised information.
Your use of our Website signifies your consent to us collecting and using your personal information as specified below. You may order a product or a service and provide your name, e-mail address and delivery address. Sometimes, you may be asked for your telephone number.
If you enter a competition or participate in a promotion, we will ask for your name, address and e-mail address and any other relevant information about you
How we collect information about you:
You may provide personal information to us when communicating with us or registering an online user profile.
When you call us, we may monitor or record your calls and store details of the phone number(s) you use to make the calls. This information is used to better address our consumer and customer service needs.
When you connect to the internet using our services, we will collect your Calling Line Identification Number (CLI).
We do not collect the information of persons under 18 without the consent of their parents or guardians. If you are under the age of 18 you must not provide personal information to us without the consent of your parent or guardian.
How we use your information?
We may use your personal information to analyse purchasing patterns such as your product preferences to ensure we meet your needs and improve business efficiencies.
We may use your information to confirm that your orders have been received; to validate you as a customer when using our services and calling our Customer Care team; to prevent and detect criminal activity, fraud and misuse of or damage to our services or networks; to prosecute those responsible and to contact you to invite you to form part of our consumer panel or various research groups.
We may use personal information collected about you to contact you by post, telephone and electronic mail (that is email, picture, video, and SMS) about functionality changes to our Website, new products and services, changes to our T&Cs and to communicate with you about your customer benefits.
How long do we keep your information for?
The time periods for which we keep your information may vary according to the use or purpose attached to the information. Unless there is a specific legal requirement requiring us to keep your information, however, we will not keep it for longer than necessary for the purpose for which the information was collected or for which it is to be processed. We will in any event delete or destroy any personal information which has become obsolete.
Disclosing your information to third parties:
JW reserves the right to access and disclose personal information to comply with applicable laws, regulations and lawful government requests, to operate its systems properly to protect itself or its users or to solve any customer disputes.
We may provide aggregate statistics about our sales, customers, traffic patterns and other website information to third parties, but these statistics will not include any information that could identify you.
We may from time to time elect to make use of other companies to provide some of our services, and our services will then be offered through third party service providers on our Website. We may then share your personal information with these companies. These companies can and will process this information and will be obliged to keep such information confidential.
A cookie is a piece of information that is stored on your computer's hard drive by your web browser. On revisiting our Website, our computer server will recognise the cookie, giving us information about your visit.
We allocate cookies during the registration process for our services. These cookies will hold information collected during your registration and will allow us to recognise you as a customer and provide you with the services you require. If your browser is set to reject cookies, you may not be able to register for JW services. We may also use this data to better understand your interests while online and to personalise your visits to our Website.
How can you refuse or opt out of cookies?
Most browsers are set by default to accept cookies automatically, but usually you can alter the settings of your browser to prevent automatic acceptance and to prompt you every time a cookie is sent to you or to allow you to choose not to receive cookies at all.
How can you manage your privacy preferences?
If you'd like us to stop processing your information for marketing purposes, please email [email protected]
Should you breach any of these T&Cs we reserve the right to cancel any order and/or your Website registration, notwithstanding our rights to exercise other legal remedies available to us.
We shall not be liable to you for any breach, hindrance or delay in our performance, attributable to any cause beyond our reasonable control, including without limitation any natural disaster and unavoidable incident, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, national emergencies, terrorism, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation ("Event of Force Majeure"), regardless of whether the circumstances in question could have been foreseen.
Either you or we may terminate an order by written notice to the other in the event that the Event of Force Majeure lasts for a period of 2 (two) business days or more, in which event neither you nor we shall be liable to the other by reason of such termination (other than for the refund of a Product already paid for by you and not delivered).
If we have contracted to provide identical or similar Products to more than one customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide, in our sole discretion, which orders we will fulfil and to what extent.
GOVERNING LAW AND JURISDICTION
The Site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and you and we submit to the jurisdiction of the South African courts.
Jonsson Workwear (Pty) Ltd (“JW”), a company registered in the Republic of South Africa (Reg. No. 1966/008288/07), with its registered office for legal service of documents at 892 Umgeni Road, Durban, 4000.
Telephone Number: +27 31 314 4000
Customer care: +27 871 505050, email [email protected]
Website Address: www.jonssonworkwear.com
Directors: N Jonsson (Chairman), JM Baker, HB Fortmann (Non-executive), C Fuchs, B Smart, T Skweyiya (Non-executive)
Last updated: January 2019