Terms and Conditions
www.wowbag.co (“the Site”) enables registered users to shop online for local accessories (“the Products”).
Although visitors to the Site (“Users” or “you”) will be able to browse the Site and all Products on offer, only those Users who register online to become a Wow Designs member (“Member” or “you”) will be able to make purchases.
2 LEGALLY BINDING CONTRACT
All Users, including Members and those Members who purchase any products on the Site (“Purchasers”) are bound by these terms and conditions (“T&C”) and by browsing or using the Site in any way, you hereby acknowledge that you have read and accepted these T&C.
If you do not agree to these T&C, do not register with or continue to use the Site. Your registration and/or continued use of the Site will constitute acceptance of the T&C, unmodified by you.
3 WHO YOU ARE CONTRACTING WITH
The Site is owned and operated by WOW DESIGNS (PTY) LTD. 2012/080641/07, a company incorporated in the Republic of South Africa (hereinafter referred to as “Wow Designs”). More detailed information on Wow Designs can be found at the end of these T&C.
4 PRODUCTS & AVAILABILITY
Please note that stocks of all Products on offer are limited. Note in particular that certain Products may be offered at heavily discounted prices, in which case they may only be offered for a very short period of time during an online flash sale lasting between 36 to 48 hours (“Flash Sale”).
Wow Designs shall take all reasonable efforts to ensure that when stock is no longer available, that offers thereof are discontinued. However, should Wow Designs be unable to fulfill any order placed by you at the advertised price due to stock having sold out, Wow designs will notify you and you will be entitled to a refund of the amount paid by you for such product, as explained in more detail in the Wow Designs Returns Policy
5 PURCHASING PRODUCTS
As a Member, the Site will enable you to place electronic orders (“Order”) for one or more Products offered, for so long as such Products are still available and have not sold out.
A purchase agreement between you and Wow Designs (“Purchase”) only comes into effect if you electronically submit a properly completed Order for one or more Products in your shopping basket AND payment is either authorized or received by Wow Designs into its bank account, subject to stock of the Product concerned being available.
Products cannot be reserved for later purchase, and placing a Product in your shopping basket without completing the purchase does not constitute an Order for, or a Purchase of such Product. Consequently, prior to actual Purchase, Wow Designs may remove any Product from your shopping basket if stock of the Product is no longer available, or if 30 minutes has elapsed, and you cannot hold Wow Designs liable if any Product is not available when you attempt to complete the Purchase at a later stage.
Note that should you wish to purchase a Product as a gift for someone else, you should specify the fact that the Product will be a gift where indicated when placing your Order, failing which the Order will be deemed to be for you personally.
The invoice in respect of your Purchase will be available online in the "My Account" section of the Site. A copy of such invoice will also be included with the Product when delivered, unless you have indicated that the Product is a gift (as aforesaid) in which case a gift delivery slip will be included with the Product instead.
TERMINATION OF PURCHASES & CANCELLATION OF ORDER
By Wow Designs: Wow Designs reserves the right, for purposes of preventing suspected fraud, to refuse to accept or process payment on any Order and/or to cancel any Purchase, in whole or in part, on notice to you. Wow Designs shall only be liable to refund monies already paid by you in respect of the cancelled portion of the Order (see Wow Designs Cancellation & Returns Policy in this regard).
By You: You are entitled to cancel any Order/s or Purchase/s as provided for in the Returns Policy
Please note that all goods bought on the wowbag.co website will only be returnable via Wow Designs (both through our approved courier partners and at our premises, during working hours). No returns will be accepted, alternations made, manufacturing defaults correct or exchanges offered at any of the store chains, independent stores or boutique stores who sell on behalf of wowbag.co
AMOUNTS PAYABLE BY YOU
The price of each Product is displayed with the Product listing. In the event of a sale or special offer, the discounted price is displayed.
However, for Flash Sale Products, two prices are displayed next to each Product listing on the Site as follows:
• Purchase Price: The price which is not crossed out is the price payable by you should you Purchase the Product from wowbag.co.
• RRP: The other price (denoted by a crossed out ‘RRP’) is the Product’s usual recommended retail price (“RRP”) which is there merely as an indication to you of the approximate savings made by purchasing the Product from wowbag.co.
The depicted RRP has been determined based on the market and other suppliers’ prices, but note that RRP’s may change over several seasons of commercialization of the relevant Product and RRP’s applicable at the time of the Product’s launch may thus be different to the supplier’s RRP at the time of your Purchase thereof and as such Wow Designs makes no warranties or representations whatsoever as to the accuracy of any displayed RRP’s.
Delivery cost within South Africa will be based on destination of package/delivery for the purchase of Products less than R600. Delivery is only free of charge upon the purchase of products more than R600. You will in any event be informed of any delivery charges prior to the finalization of your Order. Delivery of your product will be 3 business days (excluding weekends and public holidays) after receipt of proof of payment or processing of payment.
Wow Designs shall take all reasonable efforts to accurately indicate Purchase Prices and delivery charges. However, should Products be erroneously offered at incorrect Purchase Prices and/or delivery charges, Wow Designs will not be obliged to sell Products at such incorrect Purchase Prices and/or delivery charges and shall only be liable to refund monies paid should you not wish to proceed with the Purchase at the correct Purchase Price and/or delivery charge.
Purchases may currently be paid for via Payfast and EFT (electronic funds transfers) only.
PAYMENT BY PAYFAST
At the time of placing the Order, the transaction details are presented to the bank and an authorization is obtained for the amount of the Order. If such authorization is not obtained, the Order will be cancelled. If authorization is obtained, payment is usually immediate.
You warrant that you are fully authorised to use the credit card supplied for purposes of paying for your Order and that this credit card has sufficient available funds to cover all of the costs incurred as a result of using the Services.
PAYMENT BY EFT (electronic funds transfer)
Electronic funds transfer (EFT) from a shopper's bank account to the bank account of Wow Designs is another method of completing online purchases. Once the shopper performs the checkout and selects the EFT option then an email will be sent to him / her with full instructions of what to do in order to complete the purchase.
Place of delivery
Wow Designs only delivers Products within the Republic of South Africa.
As Purchaser, you will be able to specify the place of delivery within South Africa, and the contact number(s) to be used in relation to the delivery, for each Order when you place such Order.
Products will be delivered to the Postal counter specified by you during the Order process. You will be contacted via email with your item tracking number.
Delivery time and delays
Unless otherwise stated to you prior to placing the Order to final confirmation thereof, the estimated shipping time for an order is between 3 and 5 working days from the date of your purchase.
Wow Designs may also notify you of the dispatch of your Order via email (to the email address we have on record for you) summarizing the Products sent
You will be informed of the partial delivery of an Order by e-mail. A second e-mail will be sent informing you of the delivery of the other Products ordered, if applicable.
In the event of a partial delivery, there will be a delivery note in the package summarizing the Products which can be found inside it.
Each delivery is deemed to have been made once the Product has landed at the designated Postal Office.
It is your responsibility as Purchaser, to ensure that you or your intended gift recipient (if applicable) check the package upon arrival and make any reservations and claims which might appear to be justified, or even to refuse the package, if it is likely to have been opened or if it shows clear traces of damage. The aforesaid reservations and claims must be sent to the courier by registered letter (with acknowledgement of receipt) and a copy must simultaneously be sent to Wow Designs
If neither the depot nor the tracking system (in the "My Delivery" section) show any trace of the package, you must then get in touch with Wow Designs by way of email to firstname.lastname@example.org or by contacting the Call Centre at +27 (0) 31 769 2897
If the package is found it will then be sent to the specified delivery address, following the normal procedure (i.e. delivery of the package or notice of attempted delivery).
If the package is declared to be lost, Wow Designs will notify the Purchaser and refund the Purchaser for the lost package (both the Product purchase price and any delivery charges) or replace the same order at no additional cost.
As a Member, the site will enable you to place electronic Pre-Orders for one or more products offered.
You are liable for any Pre-Order payments in advance – i.e. you will be required to make payment at the time of placing the Pre-Order.
Your items’ expected shipping date will be included in the information at the bottom of the details tab once you’ve placed your Pre-Order.
When placing multiple orders (normal orders and Pre-Orders in the same basket), your orders will ship out together at the latest date.
If you’d like to avoid this, please add your Pre-Order item to its own basket. This will ensure that your other items are delivered timeously.
In the unlikely event that a supplier’s product delivery is delayed, our contact centre will keep you informed.
All products need to be returned within 7 (working) days of receipt. Please refer to The Returns Policy, which regulates your rights in this regard.
DEFECTS, REFUNDS & RETURNS
Should you not be satisfied with any Product purchased by you by reason of a defect, incorrect choice of Product, or otherwise, you may, under certain circumstances, be entitled to either be credited, refunded or have the Product repaired or replaced, as the case may be. The Returns Policy regulates your rights in this regard.
Wow Designs Cancellation & Returns Policy is as follows:
Should a Product you have ordered be –
• temporarily unavailable, Wow Designs will notify you thereof as well as the anticipated delay in delivery and, unless you agree to wait for such longer period for delivery, or accept delivery of another product in its stead or a credit on your Wow Designs account, Wow Designs will issue a full refund in respect of that Product to you within 30 days after such notice;
• permanently unavailable, Wow Designs will notify you and, unless you agree to accept another product in its stead or a credit on your Wow Designs account, Wow Designs will issue a full refund in respect of that Product to you within 30 days after such notice.
NON-DEFECTIVE PRODUCTS (YOUR RIGHT TO ‘COOL OFF’)
Save for certain exceptional cases (including purchases of Products made to your specifications, such as ‘made to order’ Products), you are entitled to cancel any Purchase concluded on this Site within 7 days after having received the Product and to obtain a full purchase price refund within 30 days thereafter. However, such Product must then be returned at your risk and expense in accordance with the Return Procedure set out in clause: PROCESSING OF CREDITS AND REFUNDS, below.
Consequently, if upon receiving your Product, you are not satisfied with your choice of Product and wish to possibly return it for a refund as aforesaid, please do not remove the Product from its original packaging and/or use or wear the Product. In particular, if you want to return non-defective bags and/or accessories, same must still be in the mint condition you received them in, and in their original packaging.
If the incorrect Product is delivered to you by mistake (i.e. it is not the Product you Purchased), please do not remove the Product from its original packaging or try the Product on at all. Please promptly contact the Wow Designs call center at 031 769 2897 to notify Wow Designs thereof, so that we can resolve the mistake by arranging to collect such Product from you and deliver the correct Product to you, as quickly as possible.
If, within 7 days after delivery of a Product to you,
• you find that the Product is defective/fault, (or otherwise expressly indicated by Wow Designs at time of purchase), or not legal or reasonably durable (based on the circumstances and product type) (“Defective”); and
• you arrange to return such product to Wow Designs for inspection (at Wow Designs expense), in accordance with the Returns Procedure below,
and the Product is subsequently found –
• to indeed be Defective, you are entitled to either (a) be fully refunded, or (b) have the Product repaired or replaced at Wow Designs expense (the decision between repairing or replacing being that of Wow Designs depending on availability and other relevant circumstances, and in this regard you acknowledge that Flash Sale products will usually only be able to be repaired);
• NOT to be Defective, you will not be entitled to any repair, replacement or refund but will instead be liable for the costs incurred in having such Product returned to Wow Designs and then re-delivered to you.
When is a Product ‘Defective’?
Please note: the following are examples of things which will NOT be regarded as defects and will not entitle you to any repair, replacement or refund under the general warranty above:
• faults resulting from normal wear and tear;
• damage arising from incorrect usage of the Product;
• clothing not fitting you because your measurements do not accord with our clothing sizes;
• Products not fitting you properly due to you not having measured yourself accurately in accordance with the guidelines found in your Account.
Certain Products may come with a supplier’s guarantee. If so, this will be stated in the Product listing on the Site. Clear details of these guarantees are given in their listings and no Member may ask to be covered by a wider-ranging guarantee other than the one shown on such Product listing.
You may not under any circumstances return the following:
• Non-defective Products which have been ‘made to order’ (You will be notified in the relevant Online Sale if the Products are ‘made to order’)
• Products which you or any other person has altered, repaired, incorporated or added to where such alteration, repair, incorporation or addition has not been authorized by Wow Designs.
RETURN PROCEDURE TO BE FOLLOWED
Please note that our boutique designers cannot accept your returns. In order to be fully eligible for any credit, refund, repair or replacement under this Returns Policy, Products must be returned directly to Wow Designs, in accordance with the provisions of this clause.
Using the invoice relevant to the Purchase of the Product you want to return as a reference, you must contact Wow Designs call center at 031 769 2897 and book a return, stating the reason entitling such return under this Return Policy (i.e. you are ‘cooling off’ within 7 days, or the Product is Defective). Following such a call, Wow Designs will send you an official returns authorisation document (“RA document”), specifying the Order details and the reasons for the return, which document must accompany the Product when returned.
Wow Designs will then arrange for the collection of the Product from you (or your gift recipient if applicable) to be returned by secure courier.
You must ensure that the Product to be collected by the courier is packed (by you or your gift recipient as the case may be) so as to comply with the following:
the aforesaid RA document sent to you by Wow Designs has been attached to the Product (which means that if the Product is being collected from your gift recipient, then it is your responsibility to send a copy of such RA document to your gift recipient for attachment to the Product); and
the Product is properly protected, with its original packaging, and, save where being returned due to being Defective, is still in perfect condition for the purposes of resale (ie not damaged or soiled, and the swing tag is still attached) together with any accessories, instructions and documentation.
A non-Defective Product will not be accepted as a valid return if it clearly shows signs of having been subject to lasting use (longer than a few minutes). In other words the Products must not show marks of extended use beyond the time required to try them on and/or test them and must be in a condition allowing them to be resold.
Where products are to be returned, the returned Product(s) will be examined by skilled professionals and if it is found that any returned Product has been tampered with or, in the case of an incorrect Product, that the Product is not in mint condition, it will not be accepted as a return.
PROCESSING OF CREDITS AND REFUNDS
Should you be entitled to a refund for any reason, such refund shall be effected on the credit card used to Purchase the Product.
Where your account has been credited, you will be entitled to use such credit towards other purchases made by you on the Site. We endeavour to process your refund within 5 business days of receiving a returned product and/or us accepting a refund request as valid.
A full record of every Purchase and related transaction between you and Wow Designs shall be maintained on the Site for a period of 12 months following the date of such Purchase or related transaction. You can view and print such record during the 12month period, where after you are responsible for retaining your own record of the relevant sale or related transaction.
VOUCHERS & COUPONS
Wow Designs may make physical and/or electronic gift vouchers (“Vouchers”) and promotional vouchers/coupons (“Coupons”) available from time to time. Gift Vouchers may be made available for purchase on the Site, while Promotional Coupons may be available through the Site and/or third party websites, magazines and/or other media.
Vouchers and Coupons can only be redeemed while they are valid (their specified expiry dates being unable to be extended), on the Site towards the purchase of Products listed on the Site.
Physical Gift Vouchers can be purchased and will be delivered in the same way that Products are, while electronic Gift Vouchers, once purchased, will be linked to your Wow Design account.
Promotional Coupons are issued at Wow Designs own discretion. Users do not have a right to Promotional Coupons and they cannot be earned.
Promotional Coupons are issued under specific terms and conditions regulating when and how they may be used. As a general rule, and unless specified otherwise on the specific Coupon itself –
• a Coupon can only be used with promotional offers on the Site;
• only one Coupon can be used per shopping basket; and
• the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you. Please note the following exception in this regard: should the value of the Products in your shopping basket have qualified for ‘Free Delivery’, but after application of the Coupon to such basket, the remaining balance is less than the value required in order to qualify for Free Delivery, delivery costs in respect of such basket will be added and be payable by you
Promotional Coupons cannot be -
• used to purchase other Coupons or Vouchers;
• exchanged for cash; or
• transferred or assigned to any other person.
Any person that delivers or attempts to deliver any damaging code to this Site or attempts to gain unauthorised access to any page on this Site shall be prosecuted and civil damages shall be claimed in the event that Wow Designs suffers any damage or loss.
You agree and warrant that your log-in name and password shall be used for your personal use only and not be disclosed to any third party.
You allow Wow Designs to take all reasonable steps to ensure the integrity and security of the Site and back-office applications.
All credit card transactions on the Site are secured by SSL (Secure Socket Layer) encryption and reinforced through various encryption processes in order to provide the most effective protection possible for all sensitive payment information. Wow Designs does not access any confidential information about your means of payment, which is why you will be asked for your banking details each time you place an Order. Only Wow Designs banking partner from time to time, will access confidential information (such as your card number, validity date etc).
Save for Wow Designs being liable to you –
• under the Consumer Protection Act 68 of 2008 (“CPA”) in relation to any Products sold by it to you via the Site; and
• under sections 43(5) and 43(6) of the ECT Act in relation to Wow Designs payment systems not being sufficiently secure,
neither Wow Designs nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Site or the Services or content provided from and through this Site. Furthermore, Wow Designs makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Site are free from errors or omissions or that the Service will be 100% uninterrupted and error free. You are encouraged to report any possible malfunctions and errors by way of email to email@example.com or by contacting the Call Centre at 031 769 2897.
Although the Products sold via the Site may be under warranty, the Site itself is supplied on an "as is" basis and has not been compiled or supplied to meet your individual requirements. It is your sole responsibility to satisfy yourself prior to accepting these T&C that the service available from and through this Site will meet your individual requirements and be compatible with your hardware and/or software.
Information, ideas and opinions expressed on this Site should not be regarded as professional advice or the official opinion of Wow Designs and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Site.
GOVERNING LAW AND JURISDICTION
This Site is hosted, controlled and operated from the Republic of South Africa and therefore governed by South African law and, subject to the ‘Disputes’ clause of these T&C. You and Wow Designs submit to the non-exclusive jurisdiction of the South African courts.
Each and every provision of these T&C shall be deemed to be separate and severable from the remaining provisions of these T&C and if any of the provisions is found by any court of competent jurisdiction to be invalid and/or unenforceable
Then, notwithstanding such invalidity and/or unforceability, the remaining provisions of these T&C shall be and remain of full force and effect.
Wow Designs shall take all reasonable steps to protect your personal information. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). Wow Designs may electronically collect, store and use the following of your personal information:
• name and surname;
• birth date;
• country of residence;
• closest city;
• non-personal browsing habits and click patterns;
• e-mail address;
• IP address; and
• ID number / passport number.
Wow Designs collects, stores and uses the above mentioned information for the following purposes:
• to greet you when you access the Site;
• to inform you of any changes to these T&C;
• to inform you of facts regarding purchases made by you, including relating to delivery of Products;
• subject to your consent, to inform you of other facts relating to your access and use of the Site;
• subject to your consent, to inform you about competitions and special offers from Wow Designs and/or its partners / affiliates;
• to compile non-personal statistical information about browsing habits, click-patterns and access to the Site;
• to verify your identity when transacting with Wow Designs; and
• to ensure that the Products are received by the addressee.
Information detailed above is collected either electronically by using cookies or is provided voluntarily by you. You may determine cookie use independently through your browser settings.
You may elect not to receive any communications from Wow Designs and/or its partners / affiliates.
Wow Designs may collect, maintain, save, compile and share any information collected from you, subject to the following provisions:
Wow Designs shall not disclose your personal information unless you consent thereto or unless require for the purposes of any legal process.
• Wow Designs may compile, use and share any information that does not relate to any specific individual; and
• Wow Designs owns and retains all rights to non-personal statistical information collected and compiled by Wow Designs.
You acknowledge and agree that certain personal information (i.e. your full names, delivery address, email address, and contact number) will be disclosed to the courier company/ies used from time to time to enable delivery of Products Purchased to you.
CHANGES TO T&C
Wow Designs may, in its sole discretion, change these T&C or any part thereof at any time.
If you are a registered Member, Wow Designs will notify you of any such changes via email to the email address wowbag.co has on record for you. You will then be responsible for reading the revised T&C and ensuring that you are satisfied therewith and if not so satisfied, you are entitled to terminate your registration with Wow Designs.
If you are NOT a registered Member, Wow Designs will not be able to notify you of any changes to these T&C and it will be your responsibility to visit the Site to see whether the T&C have been amended and ensure that you are satisfied with the amendments. Should you not be satisfied with the amendments, you must refrain from using the Site in any way.
Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and Wow Designs on any matter provided for in, or arising out of these T&C, and not resolved through the Customer Relations Department of Wow Designs, then such a dispute may be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. The expedited arbitration rules may be downloaded from http://www.arbitration.co.za
ADDRESS FOR NOTICES
Wow Designs chooses as its address for all purposes under these T&C, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following address: D74 Hamilton Way, Summerveld, Shongweni, 3610, South Africa, with a copy to firstname.lastname@example.org (which copy must also be delivered in order for notice to be validly given).
TERM AND TERMINATION
These T&C shall commence from the date on which they are published on the Site and continue indefinitely, as amended by Wow Designs from time to time (as described above), for so long as the Site exists and is operational, Wow Designs being entitled to terminate these T&C and/or shut down the Site at any time subject to still processing any Purchases then already made.
If you fail to comply with your obligations under these T&C, including any incident
involving the payment of the price of an Order, and you fail to remedy such failure within 5 Business day’s of notice by Wow Designs to do so, this may (in the sole discretion of Wow Designs) lead to suspension of your access to the Service, or even the closing of your account and access to the Site, according to the degree of seriousness of the action in question, without prejudice to any damages which Wow Designs might seek.
COPYRIGHT & OTHER INTELLECTUAL PROPERTY
Any and all copyright subsisting in the Site, including these T&C, vests in Wow Designs and all rights not expressly granted are reserved.
You may only download, view and print content from this Site for private and non-commercial purposes. To obtain permissions for the commercial use of any content on this Site please email us at admin.wowbag.co or contact the Call Centre at 031 769 2897
Wow Designs cannot screen or edit all the content available from the Site and does not accept any liability for illegal, defamatory or obscene content. You are encouraged to inform Wow Designs of any content that may be offensive or illegal.
All the content, trademarks and data on this Site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Wow Designs and as such are protected from infringement by local and international legislation and treaties.
When you visit the Site or send e-mails to Wow Designs, you consent to receiving communications from Wow Designs electronically.
HYPERLINKS, FRAMING, SPIDERS AND CRAWLERS
No person, business or web site may link to any page on this Site without the prior written permission of Wow Designs. Such permission could be obtained by contacting us by email on admin.wowbag.co or by contacting the Call Centre at 031 769 2897.
Hyperlinks provided on this Site to non Wow Designs sites are provided as is and Wow Designs does not necessarily agree with, edit or sponsor the content on such web pages.
No person, business or web site may frame this site or any of the pages on this Site in any way whatsoever.
No person, business or web site may use any technology to search and gain any information from this Site without the prior written permission of Wow Designs. Such permission could be obtained by contacting us by email on email@example.com or by contacting the Call Centre at 031 769 2897.
WOW DESIGNS CORPORATE INFORMATION
The ECT Act states that when goods or services are offered by way of certain electronic transactions, the seller thereof must make certain information about it available to customers on websites where the goods or services are offered.
wowbag.co information is as follows:
Full name: Wow Designs (Pty) Ltd, registered in South Africa, registration number 2012/080641/07
Main business: online retailer
Address for receipt of legal service: D74 Hamilton Way, Summerveld, Shongweni, 3610, South Africa
Official email address: firstname.lastname@example.org & email@example.com