Terms and Conditions

Date: 7 July 2016

INTRODUCTION

For the purposes of this Agreement the terms “our”, “we” and/or “the Company” shall mean Kelly’s Stirling.

DISCLAIMERS AND EXCLUSIONS OF LIABILITY

You expressly agree that use of the site or the Internet is entirely at your own risk. The site and its contents are provided on an “as is” and “as available” basis and Kelly’s Stirling make no representations or warranties of any kind, whether express or implied, including without limitation with respect to the site, its contents, the accuracy thereof, or any warranties or representations regarding the effectiveness of any security or encryption facilities. Kelly’s Stirling do not warrant that the functions provided by the site will be uninterrupted or error free, or that the site or the server that makes it available are free from viruses or other harmful components.

Save as expressly set out herein, Kelly’s Stirling shall under no circumstances whatsoever be liable to you, including without limitation, as a result of or in connection with Kelly’s Stirling negligent (including grossly negligent) acts or omissions or those of their employees, agents or designees or other persons for whom in law they may be liable (in whose favour this constitutes a contract or undertaking for their benefit), for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused (whether arising under contract, depict or otherwise and whether the loss was actually foreseen or reasonably foreseeable).

Kelly’s Stirling, owner, representatives, affiliates and suppliers shall not be liable for any loss, damage (whether direct, indirect or consequential) or expense of any nature whatsoever which may be suffered as a result of or which may be attributable, directly or indirectly, to the use of or reliance upon the site (including any information contained thereon) or the Internet.
SHOPPING ONLINE

To shop with us, you must have completed Kelly’s Stirling registration process. Upon registration, you will be asked to choose a password. Please keep it secret, as you are entirely responsible if you do not maintain its confidentiality. You are also entirely responsible for all activities that occur under your user ID and password. By shopping on this website, you acknowledge that you have read, understood and agree to be bound by our terms and conditions.
If Kelly’s Stirling reasonably believes that you are providing untrue, inaccurate or incomplete information, we may choose to suspend or terminate your user ID. Kelly’s Stirling will not be liable to you for any loss or damage arising from your failure to maintain the confidentiality of your password.

STOCK AVAILABILITY

Stocks of all goods on offer are limited. Kelly’s Stirling shall endeavour to ensure that stock which is no longer available gets removed from the website in a timely manner. However, should items still be offered after stocks are sold out and  Kelly’s Stirling is unable to fulfil the orders placed at advertised prices, Kelly’s Stirling shall only be liable to refund the amount paid by you for such a product.

ERRORS

Kelly’s Stirling shall take all reasonable efforts to indicate accurate prices and delivery charges. However, should products be erroneously offered at incorrect prices and/or delivery charges, Kelly’s Stirling will not be obliged to sell products at such incorrect 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 price and/or delivery charge.

GENERAL TERMS

The content contained on the site may be used by you for your own personal, non-commercial information purposes only. In using the site you agree not to infect it with any computer programming (such as a virus) that may damage, interfere with, delay or intercept any data or information on the site and you shall indemnify Kelly’s Stirling for any damage caused by any such act attributable to you.

If any provision of this Agreement is unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining terms.

This Agreement constitutes the whole agreement between the parties relating to the subject matter hereof.

At the option of Kelly’s Stirling, any dispute arising out of the Agreement may be brought in any Magistrates’ Court of competent jurisdiction notwithstanding that the amount in issue may exceed the jurisdiction of such court.

This Agreement is governed by the laws of the Republic of South Africa.

ONLINE STORE TERMS AND CONDITIONS

        1. COSTS

 1.1 Prices

The price of each product is displayed with the product. In the event of a sale or special offer, the discounted price is displayed.

Prices may vary. All prices displayed online are applicable to South Africa only.

International customers are welcome, note that the prices on the website is Rand value.

1.2 Delivery Costs:

The cost of delivery within the borders of South Africa is determined as follows:

      • Courier R65 per delivery in South Africa.
      • Delivery is from Monday to Thursday.

1.3 Value Added Tax:

        • Kelly’s Stirling is not VAT registered.
        1. DELIVERIES

2.1 Inside the borders of South Africa

        • All items purchased on the Kelly’s Stirling website will be delivered within 5 working days.
        • However all orders placed on a Friday or weekend will only be processed on a Monday.
        • Delivery is from Monday to Thursday.

2.2 Delays and cancellations

        • Kelly’s Stirling makes every effort to assure that the information supplied on the site is accurate.
        • Where delays and out of stock situations occur, every effort will be made to inform the buyer.
        1. AGREEMENTS OF SALE

Placing an item in a shopping basket or adding it to a wish list without completing the purchase cycle does not:

        1. constitute an agreement of sale between Kelly’s Stirling. Users cannot hold Kelly’s Stirling liable if such items are not available when the purchase cycle is completed later; and/or
        1. constitute an order for such an item.

An agreement of sale between Kelly’s Stirling and a user only comes into effect if and when:

        • A credit card authorisation is received from the issuing bank.
        • Kelly’s Stirling reserves the right to refuse to accept and/or execute an order without giving any Kelly’s Stirling also reserves the right to cancel orders in whole or in part as circumstances dictate. Kelly’s Stirling shall only be liable to refund monies already paid by the user.
        • Kelly’s Stirling shall take all reasonable efforts to maintain correct prices. However, should errors occur and items are offered at incorrect prices, Kelly’s Stirling will not be obliged to sell goods at such incorrect prices and shall only be liable to refund monies paid.
        • Consumers can view or print a full record of the transaction that is maintained for a period of twelve months on the Kelly’s Stirling website.
        1. PAYMENT OPTIONS

Credit Card

Shopping online at Kelly’s Stirling Online, is safe and secure. Through our partner PayFast we accept all major credit cards such as Visa and Mastercard etc. Your credit card details (name on card, number, expiry date and last 3 digits of the number on the back of your card) will be requested. PayFast guarantees safe credit card transactions.

After you have filled in your personal and delivery details on the checkout page, click the “Place Order” button and you will be directed to a secure server hosted by PayFast, where you will be required to follow the instructions according to the payment option you have selected. Once you have completed the transaction you will be directed back to our website.

EFT or bank deposit

If you don’t have a credit card, you can pay by EFT or bank deposit. This is a little slower than other payment methods because we’ll need to wait for your payment to reflect in our bank account before we can start processing your order.

Once you’ve placed your order, you’ll need to make an EFT or direct deposit into our account within one working day. Banking Details:

Bank: Standard Bank
Branch: Thibault Square
Branch code: 25009
Account name: Karin Lawrenz
Account number: 07 299 253 0
Your reference: Please use the order number we supplied you when you placed your order.

As soon as we receive your payment, we’ll start processing your order.

Proof of payment

If you’ve forgotten to add your Order Number or for any other reason, need to send us proof of your payment, please:

        1. PRODUCT GUARANTEE
        • If Kelly’s Stirling supplies the product and it is in any way damaged, Kelly’s Stirling will exchange it within 7 days of invoice.
        • Kelly’s Stirling will make a reasonable effort to exchange the product, but if a replacement is not possible, Kelly’s Stirling will refund the purchase price including delivery cost.
        • Please note: goods are not guaranteed against faults resulting from normal wear and tear.
        • If the user is not satisfied with his/her choice and the product is still in mint condition, unused and in its original packaging, the user may return it within 7 days of invoice and Kelly’s Stirling will refund the purchase price (including delivery costs).
        • Before any goods are returned, a return authorization must be obtained from Kelly’s Stirling. This may be obtained via email –sales@kellysstirling.co.za..
        • Proof of purchase is required for all returns and refunds.
        • The price paid by the customer is the price on which the refund is based.
        1. PRIVACY

Your Password

        • Once you have registered, your personal details can only be accessed by way of a password. We suggest that you keep this password private to ensure that no one else can gain access to this information.
        • Kelly’s Stirling shall take all reasonable steps to protect the personal information of Users. For the purpose of this clause, personal information” shall be defined as detailed in the Protection of Personal Information Act, 2013.

Kelly’s Stirling may electronically collect, store and use the following personal information of users:

        • name and surname;
        • gender;
        • country of residence;
        • city and province;
        • non-personal browsing habits and click patterns;
        • e-mail address, and;
        • IP address.

Kelly’s Stirling collects, stores and uses the abovementioned information for the following purposes:

        • To greet the User when he/she accesses the Kelly’s Stirling web site;
        • Subject to the User’s consent, inform the User about competitions and special offers from Kelly’s Stirling and/or its partners / affiliates; to compile non-personal statistical information about browsing habits, click-patterns and access to the Kelly’s Stirling web site.
        • To verify the identity of the User when transacting with Kelly’s Stirling to ensure that the goods are received by the addressee
        • Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User.
        • The User may elect not to receive any communications from Kelly’s Stirling and/or its partners / affiliates.

Kelly’s Stirling may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:

        • Kelly’s Stirling shall not disclose personal information from Users unless the User consents thereto;
        • Kelly’s Stirling shall disclose information without the User’s consent only through due legal process; and Kelly’s Stirling may compile, use and share any information that does not relate to any specific individual;
        • Kelly’s Stirling owns and retains all rights to non-personal statistical information collected and compiled by Kelly’s Stirling

7 CHANGES TO AGREEMENT

        • Kelly’s Stirling may, in its sole discretion can change this agreement or any part thereof at any time without notice.

9 DISPUTES

        • In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this agreement, will be resolved through the Customer Relations Department of Kelly’s Stirling. Each matter will be treated on an individual basis.

PRIVACY PLEDGE

Kelly’s Stirling ensures that your privacy is protected throughout your journey around our website.
CUSTOMER REFUND AND EXCHANGE POLICY

Refunds

You may return the goods for a refund within 7 days of the date of purchase,
provided that:

        1. The goods are in their original condition and have not been used, damaged or altered in any way.
        1. For hygienic reasons this excludes earrings and all body jewellery such as nose, belly and toe rings
        1. All goods must be returned in the original packaging.
        1. The original invoice is required as proof of purchase.

Exchanges

Kelly’s Stirling cannot guarantee an exchange as no bulk per item is kept.