1. Definitions

In these terms and conditions (“the Terms”), unless the context indicates the contrary:

1.1 “Cancellation Fee” means 1% of the value of the goods on Lay-by.

1.2 “Completion Date” means the earlier date of the last day of the Lay-by Period or the date of cancellation by Dwiba Sportswear.

1.3 “Lay-by” means a facility where we hold goods you have chosen in your name while you pay for the goods over a period of time. 

1.4 “Lay-by Period” means the agreed time period we give you to pay for the goods, being 12 months from the date you open a Lay-by.

 1.5 “Dwiba” means the other party to these Terms, being, as applicable, either:

• In South Africa: Dwiba (Pty) Ltd, Registration number 2021/000469/07 of 01 Boem Crescent, Birdwood, unit 30 Birdsparadise, IFAFI, South Africa, 0216;

1.6 “PI” means Personal Information as defined in the Protection of Personal Information Act 4 of 2013 (“POPIA”) and “Process/Processing” is as defined in POPIA.

1.7 “We, us, our” means Dwiba

1.8 “Website” means https://Dwiba.com/

1.9 “You, your” means the person using the Lay-by facility. Terms.

2.  Use of the Lay-by facility

2.1 When you open a Lay-by facility, you agree to these Terms.  

2.2 You must have legal capacity to enter into a Lay-by agreement. We will ask you to  provide us with proof of identification when you open the Lay-by and collect the goods. 

2.3 You may only have 3 active Lay-bys with Dwiba Sportswear

2.4 If we grant you a Lay-by, it does not mean that we will do so again in the future. We have the right to refuse to enter into any new agreements with you.  Specifically, if you or we cancel 2 of your Lay-bys in any 12 month period, we may prevent you from opening any new Lay-bys for the rest of the year (ending 31 December). 

2.5 You must ensure the contact details you provide are correct and advise us of any changes to your contact details.

2.6 We will hold the goods until paid for in full and you may then collect the goods.

 

3. Payment terms and statements

3.1 You will have to pay a deposit on opening your Lay-by. You will be accordingly advise of the amount you must pay for the deposit, your monthly instalment and the last day of the Lay-by Period.

3.2 Your monthly instalment will be the balance owing after the deposit has been paid, divided by 12.

3.3 You must pay for the goods in full by the end of the Lay-by Period.

3.4 We will send you a monthly Lay-by statement by email or SMS, which will show:

3.4.1 all transactions on your Lay-by;

3.4.2 payment/s due and the due date;

3.4.3 the Lay-by balance and the Lay-by end date.

3.5 You must check your statement. Unless you notify us in writing within 30 (thirty) days of the date of your statement of any errors on it, your statement will be deemed to be correct.

4. Cancellation

4.1 If you do not pay your monthly instalment or the minimum monthly payment, Dwiba may cancel the Lay-by after giving you 7 days’ notice to pay via email or SMS.    

4.2 Your Lay-by will be cancelled if you do not comply with the Terms and if Dwiba cancels for this reason, this cancellation date will be the Completion Date.

4.3 Your Lay-by will further be cancelled if you do not pay for the goods in full 60 business days after the Completion Date.

4.4 If the goods on Lay-by are lost, destroyed or damaged before they are paid for in full, we will cancel the Lay-by and refund you what you have paid towards the Lay-by. 

4.5 We will give you notice by e-mail or SMS of any Lay -by cancellation.

5.    Cancellation Fee:

5.1   We will charge you the Cancellation Fee if:

5.1.1  you cancel your Lay-by during the Lay-by Period before paying for the goods in full; or

5.1.2  you fail to pay for the goods in full within 60 business days after the Completion Date.

5.2     If the Lay-by is cancelled as per 5.1above, we will refund you what you have paid towards the Lay-by, less the Cancellation Fee.

5.3     We will not charge you the Cancellation Fee if you do not complete the Lay-by due to your hospitalisation or death.

            

6.  Your Personal Information 

This clause must be read with Privacy Policy which can be found at https://Dwiba.com 

6.1 How we may process your Personal Information (PI):

6.1.1 For as long as you have a Lay-by with us, you expressly agree that: 

6.1.1.1 we may collect and retain your PI for the purposes of opening and maintaining your Lay-by and establishing and verifying your identity;

6.1.1.2 we may make any enquiry to confirm and verify any information provided by you to us at any stage;

6.1.1.3 you will give us honest, accurate and up-to-date PI and maintain and update such information where necessary;

6.1.1.4  we may maintain and store your PI for as long as we need to by law or for any lawful purpose provided for in POPIA;

6.1.1.5 you may access your PI held by us, during office hours within a reasonable time after we have received a written request for access from you (see contact details below the heading and our PAIA Manual on the Website);

6.1.1.6  you may request us to correct or delete your PI that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully; 

6.1.1.7 you may object to the processing of your PI at any time, in which event we will no longer be able to manage your Lay-by, and it will be cancelled;

6.1.1.8  you may be subject to a decision, which results in legal consequences for you or which affects you to a substantial degree, which is based solely on automated processing of your PI. You may make representations to us about a decision made in this regard; and

6.1.1.9 we may transfer your PI to a third party who is in a foreign country for purposes of opening or maintaining your Lay-by.

 6.1.2  You expressly consent that we may share your PI with:

6.1.2.1 payment processing service providers, merchants and banks and other persons that assist with the processing of your Lay-by payments;

6.1.2.2 law enforcement and fraud prevention agencies and other persons tasked with the prevention and prosecution of crime, including the SAFPS (the South African Fraud Prevention Services), to prevent identity fraud;

6.1.2.3 regulatory authorities, industry ombudsmen, governmental departments, local and international tax authorities and other persons that we, in accordance with applicable laws, are required to share your PI with;

6.1.2.4 our service providers, agents and sub-contractors that have been contracted by us; 

6.1.2.5 persons to whom we cede our rights or delegate our authority to in terms of these Terms, without your consent and without notice to you. In such an event the third party will then process your PI; and

6.1.2.6 third parties for the express purpose of them marketing their services and products to you, when you have consented as per clause 7 below.

 6.1.3  You acknowledge and expressly consent that we may Process your PI for purposes of:

6.1.3.1 managing your Lay-by and enabling us, and any of our authorised representatives to fulfil our obligations in these Terms;

6.1.3.2 enabling us to detect fraud and criminal activities and to take the necessary measures to prevent any suspicious or fraudulent activity; 

6.1.3.3 Processing your purchasing information and online browsing behaviour for: market and product analysis; customer analysis; monitoring your buying patterns, and using credit bureau data to enrich your profile to enable us to improve our personalized marketing offers to you; and generating statistical and research reports for Dwiba use. Should we produce such research or statistical reports for external use, these reports will not contain any PI that identifies you; and

6.1.3.4 interacting with you via various means including but not limited to: telephonically, post, email, SMS/MMS, social media and WhatsApp (“the Channels”).

6.1.4 You have the right to lodge a complaint with the Information Regulator on +27 10 023 5200. Refer to our Privacy Policy for further details.

7. Direct Marketing

7.1 If you opt-in at time of opening your Lay-by, or any later stage, to receive direct marketing from us, we will send you marketing information and promotional offers as per clause 7.2 below (“the Marketing Services”) from all of our brands, using the marketing channels you have opted-in to, which include: email, SMS/MMS, post, WhatsApp and telemarketing (“Channels”), across all the Channels. New channels may be added from time to time. When you opt-out of marketing from a particular Channel, you are opted-out of the Channel for that brand that was communicating to you when you opted out. To opt-out of all Marketing Services (for all brands and channels), you must contact Customer Services. It could take up to 72 hours for your updated election to take effect.

7.2 We may market any of the Marketing Services to you on Saturdays, Sundays and public holidays and outside of prescribed times as set out in the Consumer Protection Act 68 of 2008 (“CPA”). We will not do this if you opt-out.

7.3 Each time we send you Marketing Services via the Channels, we will give you the option to opt-out of receiving further Marketing Services via that Channel from that brand.

7.4 You must ensure that your contact details are kept up to date to ensure you receive Marketing Services, as we will not be held responsible if you do not receive personalised offers and information on limited time deals if your contact details have changed.

7.5 If you agreed to Dwiba sharing your PI with selected business partners to market their products to you:

7.5.1 your PI, purchasing behaviour, online browsing behaviour, marketing permissions, and Lay-by as visible to Dwiba, will be shared with selected third parties. These third parties will process your PI and other related information (set out in this clause) for the express purpose of: conducting analytics to develop insights; conducting marketing and product analysis; enhancing product offerings and developing new products that could be relevant to you; and marketing their services and products to you in a relevant way. Third parties may contact you in various ways including but not limited to phone, SMS, email, and direct

mail;

7.5.2  you may contact Customer Services at any time to opt out of all third party data sharing and marketing.

8. General

8.1 If we do not immediately carry out or implement any of our rights in terms of the Lay-by, it does not mean that we have given up or waived any of those rights.

8.2 We may monitor and record all phone calls and other interactions with you.

8.3 You confirm that you understand these Terms, the risks relating to the Lay-by and your rights and obligations.

8.4 We may cede, assign or transfer any of our rights or obligations, or arrange that any third party carries out any of our rights or obligations in terms of the Lay-by, without your consent and without notice to you.

8.5 We will not be liable for anything outside of our reasonable control, including computer system or power failures, industrial action, fires or floods. If any such event has an impact on your Lay-by, or prevents us from providing our usual service, we will not be liable for any damages, losses, claims or expenses suffered or incurred by you.

8.6 We may at any time amend or replace these Terms and if we do so, it does not mean a new Lay-by will come into place. You will be bound by the new terms from the time they are released. The latest terms and conditions will be on the Website.