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TERMS & CONDITIONS

1. Introduction

The ENVY online shop can be accessed at www.envyonline.co.za, related mobile sites and applications (“the site”). The site enables buyers to shop for items including clothes, shoes and accessories  ("the products”) online and have them delivered door-to-door or door-to-post office counter within South Africa. Buyers can also have products delivered to them in select areas within Namibia.

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 ENVY ("account holders” or “you”) are able to buy.

Legally binding contract

All users and account holders, including those that buy from the site ("buyers") are bound by these terms and conditions ("Ts & Cs"). By registering, or using the site at all, you recognise that you've read and accepted these terms and conditions.By registering, or using the site at all, you recognise 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 ENVY 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 ENVY, a division owned by Cut Out Fashion cc, registration number 2009/083299/23, a company incorporated in the Republic of South Africa (herein after referred to as ENVY. More information about ENVY 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. ENVY will make all reasonable attempts to ensure that special offers are brought to an end when stock runs out. If it happens that ENVY is unable to fulfill any order at the advertised price because stock is sold out, ENVY will let you know and you'll be entitled to a reimbursement for the rand value you have paid for such product. Please note, the ENVY 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 ENVY 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 authorised by ENVY (or has been received into ENVY's bank account). The above is dependent on the product being available.

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

ENVY cannot be held responsible if an order has become unavailable by the time you try to complete a purchase at a later stage.A copy of this invoice will be included in your parcel.

3. Cancelling and ending orders

ENVY 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. ENVY 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 ENVY's Delivery and Returns Policy for more information).

4. Fraud

ENVY 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.

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

ENVY 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.

The Regular Retail Price

1. The Regular Retail Price (“RRP”) is the standard price that ENVY charges for the product. The RRP is determined by considering the suppliers’ price, market conditions, and the prices being offered by other local retailers.

2. When a product is not on sale, on special, or included in a discount promotion, the RRP is the price you will pay when you purchase the product (“purchase price”).

3. Please note that RRPs can change over the course of several seasons over which the product may be sold. The RRPs applicable at the time the product is introduced may differ from the RRP at the time of your purchase.

The Discount Price

1. When ENVY is having a sale, or has products on special, or is running a discount centric promotion on specific products on the site – the discount price is shown on the product’s product page, as well as the Regular Retail Price (“RRP”). The discount price will be shown in red and the RRP will be shown alongside it – but will be crossed out.

2. When a discount price is shown on the product page, the discount price is the price you will pay when you add the product to your cart at the discounted price, and conclude the sale at the discounted price i.e. the purchase price.

Pricing accuracy

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

2. ENVY 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 R400 or more, ENVY 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 R400, ENVY charges a R50 fee to deliver either door-to-door or door-to-counter, depending on where you’re located.

3. If you reside outside of a main centre but would like door-to-door delivery you can select that delivery option for a R200 delivery fee.

4. 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, ENVY will not be obliged to delivery products at an incorrect delivery fee. ENVY 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.

Making a Payment

Paying by credit card

1. ENVY 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 authorisation of the payment amount.

3. If authorisation is not obtained, the order is cancelled. If authorisation is obtained, payment is usually immediate. You guarantee that you are fully authorised to use the credit card for payment of your order and that there are sufficient funds in this credit card account to cover the costs of any transactions you complete on ENVY.

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 ENVY can process your order as quickly as possible.

3. ENVY will start processing your order as soon as your bank forwards the payment to ENVY. 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. ENVY 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 ENVY has received the payment from your bank.

8. Place of delivery

1. ENVY delivers within business hours in the Republic of South Africa.

2. As buyer, you indicate where in South Africa or Namibia you require delivery, as well as contact numbers to be used in connection with delivery.

3. In the case of door-to-door delivery, your parcel will be delivered to the address you specified in the checkout process. In the case of door-to-counter delivery, your order will be delivered to the post-office nearest to your address.

4. On inputting your address during checkout, the site will indicate to you whether your postal code qualifies for door-to-door delivery or door-to-counter delivery.

5. In the case of door-to-door delivery, if nobody is present at the address at the time of delivery, our courier will on the second attempt of delivery use the mobile phone number you provided in your order and/or leave a note (in the letterbox if a residential address) to indicate that there was an attempted delivery.

6. The courier will try once more, and if at that time there is still no one to sign for the parcel, it will be your responsibility to call the ENVY Call Centre (011 022 9309) or send an email to info@shopENVY.co.za to arrange delivery.

7. If you don't contact the ENVY Call Centre within 5 working days of the courier attempting the second delivery, the courier will return the parcel to ENVY, and we will contact you via email to discuss potential redelivery at your own cost.

8. If this attempt does not succeed within a reasonable amount of time, ENVY will reimburse you the rand value paid for the product(s) purchased, Should a delivery fee have been charged on the order, this will not be reimbursed.

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 ENVY 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 ENVY by calling our call centre at 011 022 9309 (Monday to Friday, 09:00 to 15:00).

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 call the call centre at 011 022 9309 or send an email to info@envyonline.co.za

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, ENVY 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 ENVY within 30 days of delivery, free of charge if you are based in South Africa , and either receive a ENVY 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.

 

11. Sales records

Complete records of each transaction between you and ENVY 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

 

12. Discount Vouchers and Coupons

ENVY may release printed or digital discount vouchers/coupons [hereafter referred to as vouchers] from time to time. Such vouchers may be available through the website and/or from third-party websites, in magazines and other media.

Vouchers can be used for discounts on the site only as long as the voucher is valid. Given expiry dates cannot be moved.

Promotional vouchers

Promotional vouchers are issued at ENVY'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.

In general, unless otherwise specified on the voucher itself: a voucher is only valid for 30 days from date of issue. A voucher can only be used against a purchase on the site when the purchase meets the terms and conditions as specified on the voucher.

A voucher can only be used once and only one voucher can be used per shopping basket. Vouchers are not transferrable and cannot be exchanged for cash. The discount value of the voucher will be deducted from the total amount in your shopping cart. The remaining balance, if any, must be paid by you.

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, ENVY 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, ENVY 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, ENVY reserves the right to deduct the value of the voucher off the refund for the returns, or, should you have credit in your ENVY 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 which is 30 days from date of issue

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

 

Newsletter Sign-up Coupon

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

2. The R50 ENVY newsletter coupon is issued once - when the newsletter subscriber signs up to the ENVY newsletter for the first time.

3. Signing up to the ENVY newsletter in a second language – with the same email address – does not qualify for a second R50 newsletter coupon.

4. The R50 newsletter coupon can only be used once per ENVY account holders, and cannot be used in conjunction with any other ENVY offer or promotional coupon.

5. The R50 ENVY newsletter coupon can only be redeemed against basket sizes to the value of R200 or more.

6. The coupon is not valid against items on special or sale, and also cannot be used on baskets that have items on special or on sale included.

7. The R50 coupon is valid for 30 days from the date of issue.

8. To claim your R50 coupon, visit www.envyonline.co.za and add full priced item(s) to the value of R200 or more to your cart. Enter the coupon code in the coupon code box at Checkout.

9. Returns of products to which the R50 coupon was applied will be refunded at the actual rand value paid for the product.

10. Newsletter coupons which have passed their expiry date will not be reinstated. This includes vouchers that have been redeemed against items that are subsequently returned.

11. Signing up to the ENVY newsletter multiple times, with multiple email addresses, in order to secure additional R50 newsletter coupons is abuse of the benefit and is tantamount to stealing. Perpetrators will be dealt with accordingly.

12. The R50 ENVY newsletter coupon is issued once - when the newsletter subscriber signs up to any of ENVY's Newsletters for the first time.

13. Signing up to a second or third ENVY newsletter with the same email address – does not qualify for another R50 newsletter coupon.

 

First Time Shopper Coupon

1. ENVY has the right to stop the promotion at its own discretion.

2. Coupons are applicable as per communicated in the email received from ENVY.

3. Coupons are unique and can only be redeemed once per selected new customer.

4. To claim your discount, visit www.envyonline.co.za and add your item(s) to your cart. Insert your discount code as received via an email from ENVY, into the coupon code box provided at check out.

5. Returns of products to which the coupon was applied will be refunded at the actual rand value paid.

6. Coupon codes are not valid on delivery fees, or any item on sale and can’t be used in the same cart as items on sale.

7. Coupon codes can’t be used in conjunction with any other offers from ENVY.

8. No change can be given on Coupon codes, the full value must be used.

 

 

Gift Vouchers

envyonline.co.za 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 envyonline.co.za 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 envyonline.co.za products listed on the Website, e.g. Items that aren't currently on special.

Gift voucher value can be set by you, to any value between R50 and R10 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 or ETF.

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 or EFT payment.

 

Security

Anyone downloading or trying to download malware or damaging coding on this site, or who tries to gain unauthorised access to any page on this site, will be prosecuted.

ENVY will claim civil damages from such person if ENVY 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 ENVY 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. ENVY has no access to any confidential information regarding your payment method.

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

 

Indemnity

ENVY is responsible for adhering to the Consumer Protection Act 68 of 2008 ("CPA") with the sale of any products from the site. Similarly, ENVY 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 ENVY 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, ENVY 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 info@envyonline.co.za

Otherwise call the call centre at 011 022 9309 (Monday to Friday, 09:00 to 15:00).

Although the products on the site may be under guarantee, the site itself is offered on an "as it is" basis and is not set up or delivered according to your individual specifications.

It is your responsibility, before accepting these Ts & Cs, to determine whether the service available through this website satisfies your individual needs and is compatible with your hardware or software. Information, ideas and opinions expressed on this web site should not be regarded as professional advice, or as ENVY'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 ENVY 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

ENVY 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.

ENVY is authorised 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

ENVY 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 ENVY or its partners

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 envyonline.co.za

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 ENVY and its partners

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

ENVY 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.

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

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

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

If you are NOT a registered user, ENVY 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 ENVY, arising out of any situation catered for in these terms or conditions (or that arises out of these terms and conditions) and that cannot be resolved by the client service centre, the dispute may be presented for confidential arbitration.

Such arbitration will be handled according to the rules stipulated by the Arbitration Foundation of South Africa. These rules can be found here.

Legal notice address

ENVY 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:
66 Allandale Park

Cnr Le Roux & Morkels Close

Midrand

1682


Tel. 011 022 9309

An electronic copy is to be sent to info@envyonline.co.za (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 ENVY from time to time (as described above), for as long as the website continues to exist and be operated. ENVY 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 ENVY 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 ENVY will not have any negative effect on any damages ENVY may claim.

 

Copyright and other intellectual property

Any and all copyright relating to the website, including these terms and conditions, is held by ENVY (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 info@envyonline.co.za , or call the client service line: 011 022 9309.

ENVY is unable to edit or screen all content on the site, and will not be held accountable for illegal, libellous or obscene content. We advise you to inform ENVY of any offensive or illegal material.

All content, trademarks and data on this website, including but not limited to software, databases, text, graphics, icons, links, private information, designs and agreements, are the property of or under licence of ENVY. As such they are protected by local and international legislation and agreements.

 

Electronic communication

When you sign up for a ENVY newsletter, opt into marketing communication, register an account, conclude a purchase, visit the site or send an email to info@envyonline.co.za , you agree to get electronic communication from ENVY.

 

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

No person, business or website may be linked to any page on this site without prior written permission from ENVY. Such permission can be obtained by sending an email to info@envyonline.co.za or by calling the client service line at 011 022 9309.

Links to non-ENVY sites given on this website are provided “voetstoots” and ENVY does not necessarily agree with the content of such sites, which ENVY 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 ENVY. Such permission can be obtained by sending an email to info@envyonline.co.za or by calling the client service line at 011 022 9309.

 

envyonline.co.za corporate information

The Electronic Communication and Transactions Act determines that when goods or services are provided via certain electronic transactions, the seller must make certain information public on the site where the goods or services are offered.

ENVY information is as follows:

Core business: Online retailer & Fashion Wholesaler
Legal notice address:

ENVY HEAD OFFICE
66 Allandale Park
Cnr Le Roux & Morkels Close
Midrand
1682
Tel. 011 022 9309