TERMS AND CONDITIONS

  1. GENERAL PROVISIONS
    1. These regulations specify the terms and conditions for the sale of goods in an online store operating at:  www.bohemian-collective.com
    2.  The owner of the Online Store is: BOHEMIAN COLLECTIVE (PTY) LTD (2018/456245/07) address: 82 Tamboti Road, Carlswald North Estate.
    3. To use the Online Store, including browsing the goods available in the Online Store assortment and placing orders, it is necessary to have computer or smart phone with access to the Internet and an active e-mail account.
    4. By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
    5. Before placing an order in the Online Store, the Customer should read these Regulations.
  2. DEFINITIONS
    1. Seller/ Us/ We: The owner of the online store
    2. Customer/You/Your: Every person who uses the Online Store.
    3. Account: Customer account in the Online store which, after completing the registration and logging in with the login and password, allows the Customer to place orders for the Goods.
    4. Shopping Cart: An element of the Online Store in which the Customer specifies the details of the order such as – ordered goods, delivery address, delivery method, payment method and other data, the disclosure of which is necessary in connection with the execution of the order.
    5. Newsletter - commercial information about the Seller, including in particular regarding the Goods, new products, promotions, etc.
    6. Online Store: an IT platform managed by the Seller, operating at: www.bohemian-collective.com, enabling customers to place orders for goods.
    7. The products manufactured by Bohemian Collective, of which you can place an order. The properties of particular goods are shown on the online store when you are placing an order.
  3. REGISTRATION
    1. The status of a registered user of the Online Store is obtained by performing the following actions:
    2. Registration in the Online Store, by filling in the correct form on the Online Store website, in particular providing the personal data required and determining the Account login and password by the Customer,
    3. Activation of the Account by clicking on the link sent to the customer’s email address. Activation allows the Customer to log in to the Account.
    4. Registration activities are carried out once. After registration, the Customer logs in to the Account using the login and password previously set on the Online Store website.
    5. After logging in to the Account, the Customer has the opportunity to update his personal data provided during registration in the Online Store.
    6. Customers are obliged to store the data necessary to log in to the Account in the Online Store in a way that prevents unauthorized third parties from getting acquainted with them.
  4. ORDERING GOODS
    1. Information about the Goods provided on the Online Store website constitutes an invitation for customers to purchase the goods on offer.
    2. By placing an order in the Online Store, the Customer submits to the Seller an offer to conclude a sales (purchase) agreement for the selected Good. The conclusion of the contract of sale requires the submission of the order by you the customer, and then confirmation of the your acceptance of the order to be carried out by the us, after the we verify the availability of the goods in the warehouse.
    3. Making orders in the Online Store is possible 7 days a week and 24 hours a day.
    4. After adding the goods to the basket and providing the data necessary to perform the order, you confirm the order by clicking the button: “PROCEED”. Placing goods in a shopping basket without completing the purchase cycle does not constitute an order for such goods, and as such, goods may be removed from the shopping basket if stock is no longer available. You cannot hold Bohemian Collective liable if such goods are not available when you complete or attempt to complete the purchase cycle at a later stage
    5. You acknowledge that stock of all goods on offer is limited. In the case of goods for sale by Bohemian Collective, we will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When goods are no longer available after placing an order, we will notify you and you will be entitled to a refund of the amount paid by you for such goods.
    6. The prices of goods available in the Online Store at the time of placing an order are binding for the Customer and the Seller. The prices of the goods available in the Online Store include VAT.
    7. The price of the Goods given on the online store does not include the cost of sending the goods to the Customer. The cost of the shipment is added to the price of the product, the amount of which is indicated in the basket, before the customer confirms the order. Shipping costs depend on the method of delivery of the Goods to the Customer, on the value and size of the order.
    8. In the order, you may additionally indicate the data required to issue a VAT invoice, if he requests a VAT invoice.
  5. PAYMENT METHOD
    1. We are committed to providing secure online payment facilities.
    2. Payment can be made for goods via –
      1. Credit card – where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we reserve the right to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation, your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;
      2. Instant EFT via Payfast;
      3. PayPal – an online payment platform that doesn’t require your card details
      4. Bank Transfer – you will receive an invoice with our banking details, proof of payment is required and should be emailed to shop@bohemian-collective.com
    3. You may contact us via email at customerservice@bohemian-collective.com  to obtain a full record of your payment. We will also send you email and SMS communications about your order and payment.
    4. Once you have selected your payment method and you accept these Terms and Conditions, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
  6. VOUCHERS, COUPONS and REFERAL BONUSES
    1. Electronic promotional coupons (“Coupons”) available for use on the Website towards the purchase of products. Bohemian Collective may also from time to time offer referral bonuses (in the form of wallet credit for use on the Website) to Users who refer the Website to their friends and meet certain further requirements (“Referral Bonuses”).  This is called “Invite Friends & Earn” on the Website. Vouchers, Coupons and Referral Bonuses can only be redeemed while they are valid and their expiry dates cannot be extended.  More specifically
    2. Vouchers
      1. Vouchers are valid for 3 years after sale. If your Voucher has not been used within that period, it will expire. Vouchers can be redeemed at www.bohemian-collective.com/basket/apply coupon
      2. Vouchers cannot be used to buy other Vouchers or Coupons, and are not transferable: they are only eligible for redemption via the original email address that they were sent to. Vouchers do not accrue interest and are not refundable for cash once purchased.
      3. If your Voucher value is insufficient for the order you wish to place, you may make up the difference by paying via one of our other payment methods.
    3. Coupons
      1. Coupons are issued electronically at Bohemian Collective’s sole discretion.  Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.
      2. As a general rule, and unless specified otherwise on the specific Coupon itself a Coupon can only be used once, with promotional offers on the Website; only one Coupon can be used per person unless Bohemian Collective specifies otherwise; 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.
      3. Coupons cannot be used to buy Vouchers or other Coupons, cannot be exchanged for cash, and are not transferable to any other person.
      4. If Bohemian Collective is running a special on the Website where a discount is automatically applied upon check-out, and you try to redeem a Coupon as well, the Website will automatically apply the promotion of greater value or benefit to you.
    4. Referral Bonus (Invite Friends & Earn)
      1. Referral Bonuses are valid indefinitely, subject to clause 6.4.4. Referral Bonuses can be redeemed at www.bohemian-collective.com/basket/
      2. Referral Bonuses cannot be used to buy other Vouchers or Coupons, and are not transferable: they are only eligible for redemption via the original email address that they were sent to.  Referral Bonuses do not accrue interest and are not refundable for cash once purchased.
      3. If your Referral Bonuses is insufficient for the order you wish to place, you may make up the difference by paying via one of our other payment methods.
      4. Bohemian Collective reserves the right, in its sole discretion, to change the rules around the Referral Bonus scheme (including without limitation the value of any Referral Bonus) without prior notice, and to cancel or revoke any Referral Bonuses at any time.
      5. Subject to the remainder of this clause 6.4, you can earn a Referral Bonus by telling your friends about Bohemian Collective via email using the referral tool on the Website. The referral tool will generate a unique referral link for you. If enough of your friends click on your unique referral link and sign up to become members of Bohemian Collective using that link and make a purchase (each a “successful referral”) you will earn credit of R50 and your friend will get R50 towards their first purchase.
      6. General rules for referral bonuses:
        1. You must be a valid Bohemian Collective account holder;
        2. You can earn a maximum of R1000 in Referral Bonuses;
        3. Referring friends who already have accounts with Bohemian Collective does not count;
        4. You may only sign up one email address belonging to yourself. You may not create fictional profiles, email addresses or accounts, or otherwise abuse the system;
        5. You may not sign for a Bohemian Collective account on behalf of your friends, nor may you sign up using your friends’ email addresses. Each User who signs up as a member must sign up as him- or herself with full knowledge that he/she is creating an account;
        6. You may not use someone else’s account in order to purchase Goods for yourself from the Website; and
        7. By providing us with your friends’ contact information, you warrant that you are authorised to share that information with us.
        8. Any abuse or attempted abuse of the Referral Bonus scheme in contravention of these Terms and Conditions may amount to theft and will be dealt with harshly.  Without prejudice to any other remedies it may have, Bohemian Collective reserves the right to suspend or terminate your account if you are suspected of breaching these Terms and Conditions.
      7. Site Promotions
        1. From time to time Bohemian Collective will run promotions. These promotions will either be on selected products or site wide. For each promotion there will be specific terms and conditions. Promotions may require the customer to apply the stated promo-code to their cart during the check-out process.
        2. Promo-code discounts, even if site wide, will only apply to physical product. No promo-code discount will be applied to gift vouchers/cards.
  7. ORDER FULFILLMENT
    1. The Seller confirms to the Customer the acceptance of the order to be carried out on the e-mail address given by the Customer during ordering, within three days from the date of placing the order.
    2. The Seller will accept the order to be processed after the payment for the ordered Goods has been credited to the Seller’s bank account. If the Customer selects the payment method by transfer, the Customer should make the payment within three days from the day of placing the order
    3. The goods will be delivered to the address indicated in the order placed by the Customer in South Africa. Delivery will take place within five business days from the date of sending the order confirmation to the Customer, depending on the chosen area of delivery.
    4. Delivery of the shipment to the customer on the delivery address indicated at the time of ordering can be realized through a courier company. Delivery of the shipment to the Customer will be effected on a business day.
    5. An attempt to deliver a parcel to a customer via a courier company takes place twice. After 2 unsuccessful attempts to deliver the parcel, the Goods will be returned to the Seller, about which the Customer will be notified via e-mail to the e-mail address provided at the time of ordering.
    6. The Seller delivers the Goods to the Customer along with the sales document in the form of a fiscal receipt or a VAT invoice, confirming the conclusion of the contract.
  8. RETURN POLICY
    1. We want you to be happy with your purchase. If you are not completely satisfied, you can return the product to us and we will replace it or credit your account, subject to the terms below. This policy applies to products bought from Bohemian Collective. Nothing in this policy is intended to limit your statutory rights in any way.
    2. Unwanted Products
      1. In general, you can return an unwanted product to us at no charge, provided:
        1. It is undamaged and unused, with the original labels and stickers still attached;
        2. It is in the original packaging, which must be undamaged and in its original condition with all seals still intact (if applicable). Please refer to our FAQs for some examples;
        3. It is not missing any  accessories or parts;
        4. It is not listed in section 2 – Products not eligible for return; and
        5. You log a return on the Website  within 30 days (or 7 days for products marked “Clearance”) of delivery to you or collection by you of the unwanted product. After 30 days (or 7 days for products marked “Clearance”), you can only return a product if it is defective within 6 months from delivery to or collection by you
      2. We will collect the product from you at no charge. Our courier is entitled to refuse collection of a product that is not properly packaged for transport.
      3. Once we have inspected the product and validated your return, we will credit your account with the purchase price of the product within 8 days of the return (or refund you if that is your preference).  Please bear in mind that refunds can take 5 – 10 working days to reflect in your account. We are entitled to refuse a return if the unwanted product is returned damaged, not in a re-saleable condition or missing any accessories.
    3. Products damaged on delivery
      1. Should a product be damaged at the time of delivery / collection, please notify us of such delivery / collection by logging a return on the Website.
      2. We will arrange to collect the product from you at no charge. Once we have inspected the product and validated your return, we will, at your choice, replace the product as soon as possible or credit your account with the purchase price of the product (or refund you if that is your preference). Credits and refunds are normally handled within 8 days of logging the return (bear in mind that refunds can take 1-4 working days to reflect in your account). Repairs and replacements could take longer, depending on parts / replacement availability.
    4. Want to exchange?
      1. Products can be exchanged for a different size provided that such variation is available, and is available at the same price as the product originally purchased. In such a case, we will collect the product from you and deliver the requested product to you at no charge. If such variation is not immediately available, we will credit your account with the purchase price of the product (or refund you if that is your preference) within 8 days of you logging the return.
      2. We reserve the right to inspect the product to validate your return. Please refer to our FAQs for some advice on making sure that your product is returnable under this section.
    5. Not what you ordered?
      1. If we accidentally deliver the wrong product to you or if the product is not as described on the Website (or if it is missing any accessories), please notify us and we will collect the product from you at no charge. Once we have inspected the product and validated your return, we will, at your choice, deliver the correct product to you as soon as possible (if the correct product is available); or credit your account with the purchase price of the product within 8 days of the return (or refund you if that is your preference).
    6. Charges
      1. If you return a defective product to us, but you fail to return all of the accessories that were sold with that product, we are entitled (subject to applicable law) to refuse the return, only to replace the item that you did return, or to estimate the value of the missing accessories and only to credit or refund you in respect of the returned item.
      2. If you return items to us by mistake and you want these returned to you, you may be liable to reimburse Bohemian Collective for the cost of having the product returned to you.
      3. If you return a product that does not comply with this policy, you may be liable to reimburse Bohemian Collective for the cost of collecting the product from you and the cost of having the product returned to you.
  9. COMPLAINTS
    1. The Seller undertakes to deliver to the Customer the Goods without defects.
    2. Complaints related to the non-conformity of the Goods after purchase may be submitted in writing via email to the customerservice@bohemian-collective.com.
    3. The Seller will consider and respond to the complaint submitted by the Customer immediately, no later than within 14 days from the date of lodging the complaint.
    4. The customer who is a consumer can use the help in resolving the dispute with the Seller and obtain free legal advice or information from the district (municipal) consumer ombudsman or social organization, whose statutory tasks include consumer protection
  10. NEWSLETTER
    1. The Customer may agree to receive commercial and marketing information from the Seller via e-mail, in the form of a Newsletter, to the e-mail address indicated by the Customer.
    2. The customer may opt out of receiving the newsletter at any time. In every marketing message sent by the Seller, there is a special link to opt out of the Newsletter. Newsletter cancellation is also possible by sending a request via e-mail to customerservice@bohemian-collective.com
  11. CHANGES TO THE TERMS & CONDITIONS
    1. Bohemian Collective may, in its sole discretion, change any of these Terms and Conditions at any time. It is the customer’s responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
    2. Any such change will only apply to customer’s use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
  12. ELECTRONIC COMMUNICATION
    1. When you visit the Website or send emails to us, you consent to receiving communications from us accordance with our privacy policy, refer to privacy policy for details.
  13. OWNERSHIP AND COPYRIGHT
    1. The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Bohemian Collective, its advertisers and/or sponsors and/or is licensed to Bohemian Collective.
    2. You will not acquire any right, title or interest in or to the Website or the Website Content.
    3. Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact us by e-mail info@bohemian-collective.com
    4. Where any of the Website Content has been licensed to Bohemian Collective or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
  14. DISCLAIMER
    1. The use of the website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the website.
    2. Whilst Bohemian Collective takes reasonable measures to ensure that the content of the website is accurate and complete, we makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website.
    3. Bohemian Collective disclaims liability for any damage, loss or liability, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
    4. Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
  15. LIMITATION OF LIABILITY
    1. Bohemian Collective cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or willful misconduct of Bohemian Collective, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to customerservice@bohemian-collective.com  or by contacting 078 2879 302
    2. Bohemian Collective shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of the website or your inability to use the website.
    3. You hereby indemnify Bohemian Collective against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from the use of this website and or any linked third party website.
  16. AVAILIBILITY AND TERMINATION
    1. We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserve the right to discontinue providing the Website or any part thereof with or without notice to you.
    2. Bohemian Collective may in its sole discretion terminate, suspend and modify this website, with or without notice to you. You agree that Bohemian Collective will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time and to the extent possible.
    3. If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, and you fail to remedy such failure within 7 (seven) days of notice to you by us, this may (in our sole discretion) lead to a suspension of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
  17. GOVERNING LAW AND JURISDICTION
    1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
    2. In the event of any dispute arising between you and Bohemian Collective, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa, notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
    3. Nothing in this clause 16 or the Terms and Conditions limit your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
  18. NOTICES
    1. Bohemian Collective hereby selects 83F , Carlswald Luxury Apartments, Tamboti Road, Carlswald North Estate, Midrand 1682 as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“nominated address”). Bohemian Collective may change this address from time to time by updating these Terms and Conditions.
    2. You hereby select the address specified on the Goods order form as your nominated address, but you may change it to any other physical address by giving Bohemian Collective not less than 7 days’ notice in writing.
    3. Notices must be sent either by hand, prepaid registered post or email and must be in English. All notices sent –
      1. By hand will be deemed to have been received on the date of delivery;
      2. By prepaid registered post, will be deemed to have been received 10 days after the date they were posted
      3. By email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.
  19. BOHEMIAN COLLECTIVE INFORMATION
    1. For the purposes of the ECT Act, Bohemian Collective’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
    2. Full name: Bohemian Collective (Pty) Ltd,   a private company registered in South Africa with registration number 2018/456245/07
    3. Main business: Clothing Brand
    4. Physical address for receipt of legal service (also postal and street address): 83F, Carlswald Luxury Apartments, 82 Tamboti Road, Carlswald North Estate, Midrand 1682 (marked for attention: CEO and Legal)
    5. Office bearers: Lungisa Xhelithole
    6. Phone number:  078 287 9302
  20. GENERAL
    1. Bohemian Collective may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
    2. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
    3. Any failure on the part of you or Bohemian Collective to enforce any right in terms hereof shall not constitute a waiver of that right.
    4. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
    5. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
    6. These Terms and Conditions contain the whole agreement between you and Bohemian Collective and no other warranty or undertaking is valid, unless contained in this document between the parties.
  21. CONTACT DETAILS
    1. The seller will contact the customer via the e-mail address, phone number provided by the customer or using a written form.
    2. You may contact the us in the following ways:
      1. Customer Care: customerservice@bohemian-coolective.com
      2. Sales: shop@bohemian-collective.com
      3. Enquiries: info@bohemian-collective.com
      4. By phone at the following telephone number: 078 2879 302

 

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