IG HOOSEN AND COMPANY PTY LTD is a company duly registered within the Republic of South Africa in accordance with the Companies Act 71 of 2008 and adheres to the Consumer Protection Act 68 of 2008 (the “CPA”), the Protection of Personal Information Act 4 of 2013 (the “POPI”) and the Electronic Communications and Transactions Act 25 of 2002 (the “ECTA”) including all amendments and regulations thereto. IG HOOSEN AND COMPANY PTY LTD provides an online web platform for the sale and supply of goods to retail and wholesale customers.
2.Use of the Website and Online Platform
Your use, access and interaction with this website or online platform is subject to and governed by the terms and conditions set out below. Should you not agree to any of the terms contained below, you are to immediately cease using the website or online platform. Your continued usage constitutes acceptance of all the terms and conditions set out below.
3.Definitions and Interpretation
In this Agreement, unless the context otherwise requires, the following definitions shall apply:
"Agreement" means this agreement between IG HOOSEN AND COMPANY PTY LTD and the Consumer or Retailer subject to the terms and conditions set out below
"Business Day" means any day (other than Saturday or Sunday) on which clearing banks are open for business in South Africa.
"Consumer" means a Consumer in terms of the Consumer Protection Act 68 of 2008.
“The Consumer Protection Act” means the Consumer Protection Act 68 of 2008 (the “CPA”)
"The Protection of Personal Information Act of 2013" means the Protection of Personal Information Act of 2013 (the “POPI”)
“Personal Data” means all data supplied to IG HOOSEN AND COMPANY PTY LTD by or on behalf of the Consumer or Retailer pursuant to this Agreement which is defined as personal data under the POPI Act.
“Shopping Cart” means any and all goods selected by the Consumer or Retailer or User which once selected form part of the User’s order. The shopping cart serves merely as an online item placeholder for goods prior to the transaction being finalized. IG HOOSEN AND COMPANY PTY LTD reserves the right to remove, modify or otherwise change the items available in the shopping cart at any time. Items in the shopping cart may be available for a limited period of 48 HOURS only taking into consideration demand and availability of stock. Items are sold on a “first come first serve” basis and IG HOOSEN AND COMPANY PTY LTD cannot guarantee the availability of items in the user’s shopping cart.
“Checking Out/Check Out” means any and all goods selected by the Consumer or Retailer which are then confirmed and accepted by User in completion of the transaction.
“Contract” means the completion of an order and commencement of a legally binding agreement between IG HOOSEN AND COMPANY PTY LTD and the Consumer or Retailer.
"Order" means a purchase completed or submitted by means of IG HOOSEN PTY LTD’s Website or Online Platform.
“You/Your” means the Consumer, Retailer or User of the IG HOOSEN AND COMPANY PTY LTD Website or Online Platform including both Consumers and Retailers.
“User” means any natural person who makes use of, transacts on, contracts with, or makes use of the IG HOOSEN AND COMPANY PTY LTD Website or Online Platform including both Consumers and Retailers.
"Website or Online Platform" means the IG HOOSEN AND COMPANY PTY LTD Website and Online Platform, including its Official Social Media Accounts, Mobile Websites and Mobile Applications.
Where the context permits, words denoting:
(a) persons shall include bodies corporate and unincorporated associations of persons;
(b) the singular include the plural and vice versa; and
(c) one gender shall include any gender.
All headings are for ease of use and reference only and shall not affect the interpretation or construction of these terms and conditions in any way.
4.Formation of a Legally Binding Contract
IG HOOSEN AND COMPANY PTY LTD offers goods or services by means of its Website and Online Platform, which may be purchased by Consumers or Retailers via electronic or other transaction methods. Upon registering on IG HOOSEN PTY LTD’s Website or Online Platform, the Consumer or Retailer may place an order for the purchase of goods, which shall constitute a valid acceptance of the offer and thereby a legally binding Agreement of Sale. The sale shall be completed and in effect once the Consumer or Retailer has completed and submitted an electronic order via the Website or Online Platform and completed “Check Out” of items available in the User’s “Shopping Cart” Upon completion of the online sale, payment via one of the available transaction options becomes immediately due, owing and payable including any applicable taxes and delivery charges. The Consumer, Retailer or User of the Website or Online Platform warrants, by use and continued use of IG HOOSEN PTY LTD’s services that he/she is over the age of 18 and possesses the necessary consent and faculties to transact with IG HOOSEN PTY LTD.
5.Accepted Payment Methods
IG HOOSEN AND COMPANY PTY LTD reserves the right to obtain validation of the User’s payment details before delivery of the Goods. Once payment has been made for an order, the Order remains valid as an offer until IG HOOSEN AND COMPANY PTY LTD issues a Confirmation of Order or a notice revoking the Order as the case may be. All goods shall remain the sole property of IG HOOSEN AND COMPANY PTY LTD until payment has been effected in full by the User. Once payment has been effected a valid sale shall have been concluded encompassing an offer by IG HOOSEN AND COMPANY PTY LTD and acceptance by the User. IG HOOSEN AND COMPANY PTY LTD offers the following methods of payment in completion of your transaction:
Payment via Credit and Debit Cards
IG HOOSEN AND COMPANY PTY LTD accepts Credit Card and Debit or Cheque card payment via Visa and MasterCard only. These transactions shall be secure by means of our designated service provider, who shall ensure that your information is kept secure, that the correct amounts are debited and that your information is not disclosed without authorization or leaked, changed or misused. Should you have any concerns related to your card payment you are to contact us immediately via our designated customer service channels below. The User warrants that he/she is in possession of sufficient funds to complete the transaction and shall be liable for any additional service charges should the transaction be rejected.
Payment via Electronic Funds Transfer (E.F.T)
IG HOOSEN AND COMPANY PTY LTD shall accept payment of funds at its sole and exclusive discretion via electronic funds transfer which requires the User to transfer funds directly from his/her bank account into IG HOOSEN PTY LTD’s account through electronic banking systems.
If this method is available the User will be redirected to IG HOOSEN PTY LTD’s secure payment gateway and asked to required to select his/her bank. The details for the EFT payment will then be displayed, along with instructions regarding references and details of payment. All EFT payments shall require proof of payment to be sent to our designated EFT payments email address before the order is processed. Should the proof of payment not be received, IG HOOSEN AND COMPANY PTY LTD reserves the right to request same and/or within a reasonable time cancel the transaction. IG HOOSEN AND COMPANY PTY LTD reserves the right to charge any additional banking or service fees which may be incurred by means of this payment method.
6.Supply of Goods
IG HOOSEN AND COMPANY PTY LTD shall at all times endeavour to supply goods that are in a good condition, safe and fit for the purposes for which they are purchased as contemplated in Section 55 of the Consumer Protection Act (the “CPA”) Notwithstanding this, IG HOOSEN AND COMPANY PTY LTD makes no warranties or guarantees relating to goods that are sourced from external suppliers, manufacturers and retailers. IG HOOSEN AND COMPANY PTY LTD makes no representations regarding the availability of stock including specific colours, sizes, labels, brands or other identifiers and that available quantities reflected on the Website and Online Platform are merely estimates. Once an order has been confirmed, the onus remains on the User to ensure the correctness of the order and that the appropriate sizes, colours and types have been selected without derogating from the Returns Policy below. While IG HOOSEN AND COMPANY PTY LTD endeavors to maintain reasonable amounts of stock available to consumers, it cannot guarantee the availability of any items listed on the website or online platform. IG HOOSEN PTY LTD, shall at all times exercise reasonable care in ensuring that the pricing of goods on the website and online platform is accurate and up to date - However, IG HOOSEN AND COMPANY PTY LTD cannot shall not be liable to consumers, retailers, or users of the website or online platform in the event of pricing errors due to system malfunction, human error or otherwise.
Limitation of Liability
Unless otherwise provided in any further written agreement, IG HOOSEN AND COMPANY PTY LTD shall not be liable to Consumers, Retailers or Users for any indirect, consequential, special, incidental or punitive damages which may arise out of the use of IG HOOSEN PTY LTD’s Website or Online Platform or the supply or resale of any goods or services.
7.Information and Data Protection - POPI
In this clause the terms "data subject" and "process" have the meanings given to them in the Protection of Personal Information Act of 2013 (POPI). Each party warrants to the other that, in relation to this Agreement, it shall comply strictly with all requirements of POPI. IG HOOSEN AND COMPANY PTY LTD shall ensure that all information collected from Consumers, Retailers and Users shall be collected for the specific purposes of interacting, transacting and conducting business, including information obtained for the purposes of marketing and advertising.
IG HOOSEN AND COMPANY PTY LTD warrants that it has appropriate technical and organizational measures in place to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data held or processed by it and that it has taken reasonable steps to ensure the reliability of any of its staff who have access to Personal Data processed in connection with this Agreement. IG HOOSEN AND COMPANY PTY LTD will co-operate with and assist any Consumer, Retailer or User at no charge in allowing data subjects to exercise their rights under the The Protection of Personal Information Act of 2013 and will comply with any reasonable request made by Consumers, Retailers or Users to ensure compliance with the measures mentioned in the Act.
The Consumer, Retailer or User warrants that it will notify IG HOOSEN AND COMPANY PTY LTD immediately of any correspondence it may receive from any local data protection regulator and any successor or replacement body relating to Personal Data or any complaint from an individual about the processing of Personal Data in connection with this Agreement.
If IG HOOSEN AND COMPANY PTY LTD becomes aware of the loss or compromise of, or any damage to, any Personal Data which it is processing in connection with this Agreement it will:
(a) immediately notify the Consumer, Retailer or User of the details of the incident and
(b) promptly initiate a full investigation into the circumstances surrounding the incident and make any reports of notes of the investigation available to the Consumer, Retailer or User;
All images and information relating to logos, fonts, brands, products, content, pricing, sizes, specifications, and other proprietary information, hosted on the website or online platform remain the sole and exclusive property of IG HOOSEN PTY LTD. Copying, distributing, usage, dissemination, alteration, and manipulation thereof without the express written consent of IG HOOSEN AND COMPANY PTY LTD is an offence and shall be punishable to the full extent of the law.
Any notice required to be given under this Agreement shall be given in such manner as is expressly provided below in terms of this agreement shall be given in writing signed by a person duly authorised by the sending party and delivered by hand, e-mail or registered mail to the recipient at its address specified in this Agreement (or as otherwise notified from time to time to the sender by the recipient for the purposes of this Agreement).
This Agreement shall be governed by and construed in all respects in accordance with South African law and the Courts of the Republic of South Africa shall have exclusive jurisdiction. If any provision or any part of this Agreement is held to be illegal or unenforceable, in whole or in part, under any enactment or rule of law, such provision or part shall to that extent be deemed not to form part of this Agreement but the enforceability of the remainder of this Agreement shall not be affected;
9.Address For Notices
IG HOOSEN AND COMPANY PTY LTD chooses the following address for the receipt of notices, processes, documentation and communications. Should any communications not be directed to the addresses below, IG HOOSEN AND COMPANY PTY LTD reserves the right to deem such notices, processes or communications as undelivered and incorrectly served.
202 Kenilworth Park (2nd Floor)
Felix Dlamini (Brickfield) Road