DWIBA SPORTSWEAR TERMS AND CONDITIONS OF SALE

This page provides you information about Dwiba Sportswaer (“we”, “our” and/or “us”), and the terms and conditions (the “Terms”) on which we sell products through our website (“our site”) to you. These Terms will apply to any contract between us for the sale of Products to you (“Contract”). Before using our site, please read these Terms carefully and make sure that you understand them.

 

Please note that before placing an order or making a payment you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site or make any payments related thereto.

 

You should view, read and print a copy of these Terms or save them to your computer for future reference. We may amend these Terms from time to time as set out below. Every time you wish to order Products or use our site, please check these Terms to ensure you understand the terms which will apply at that time.

 

If there is any discrepancy between the terms of this document in any other language and the English translated version of this document, the terms of the English version shall prevail.

 

If the Terms contain special provisions that only apply to consumers in certain countries, the applicability of the respective provision depends on where the consumer has his habitual residence. This means, for example, that provisions that are intended to apply to consumers in South Africa and Botswana, only apply to those consumers who have their habitual residence in South Africa and Botswana

 

 

1. INFORMATION ABOUT US

1.1 We are Dwiba, company registered in South Africa under company registered under the Companies And Intellectual Property Commission with registration number 2021/000469/07.

1.2 Contacting us

1.2.1 If you wish to contact us for any other reason, including because you have a complaint, please do so by e-mailing us at Info@Dwiba.com

1.2.2 If we have to contact you or give you notice in writing, we will do so by e-mail or by post to the address you provide to us in your order.

 

2. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

2.1 We contract are a registered entity, which enables us to sell retailer’s merchandise to you in your country.

2.2 By placing an order with us through our site, you acknowledge that your transaction will be with us. You further acknowledge that upon successful verification by us of the authenticity and sufficiency of the information you provide, We will be responsible for fulfilling the order to you.

2.3 Our site will guide you through the steps you need to take to place an order and make a payment with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

2.4 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. The Contract between us will only be formed when you receive your order confirmation email.

2.5 We will send you an e-mail that confirms that the Products have been dispatched (“Dispatch Confirmation”).

2.6 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site or the respective retailer’s site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible and will incur no further liability to you.

2.7 You acknowledge that we shall be permitted to verify the authenticity and sufficiency of the information you provide, and if we are unable to verify the information automatically, our representatives may contact you and/or your debit or credit card issuing bank to confirm your identity and/or your intent to place the order.

2.8 Please note that any Products made available through our site are intended for non-commercial use, and purchase of any Products for resale purposes is strictly prohibited.

2.9 By placing an order or making a payment through our site, you warrant that you are legally capable of entering into binding contracts. Your credit/debit card or other payment method will be billed by us and charges on your statement will be accompanied by the description Dwiba, or similar. You warrant that all the information provided to us for the purpose of processing payments is correct and you are authorized to utilize the proffered payment method. You acknowledge that we will be entitled to verify the authenticity and sufficiency of the payment information you provide. Dwiba

reserves the right to cancel your order at any stage, in the event that we are unable to verify the information you provide, or the payment method that you have selected. In the event of a cancellation by Dwiba, we will refund you the full amount that you have paid.

2.10 You acknowledge and agree that we shall conduct pre-payment screening on you and the information you have provided. These checks are designed to prevent Dwiba from conducting business with a sanctioned individual, entity or country in violation of any applicable laws and regulatory requirements in the territories we operate.

2.11 The price of your order will be quoted including or excluding taxes depending on the delivery address. Shipping costs are not included in the price; these will be added at the checkout and will be indicated as a separate charge on your order form (except, in circumstances where free shipping is offered).

 

3. WHAT YOU AUTHORISE US TO DO

3.1 By using our site, you authorize us to process payments, refunds and adjustments for your transactions, remit funds to your bank account where applicable, charge your credit card or debit the account linked to your debit card, as applicable, and pay us and our affiliates any amounts you owe in accordance with these Terms.

3.2 We may at any time require you to provide any financial, business or personal information we request to verify your identity. You will not impersonate any person or use a name which you are not legally authorized to use. You authorize us to verify your information (including any updated information) and to obtain an initial credit authorization from your credit card issuer.

 

4. FAULTY MERCHANDISE

4.1 We are under a legal duty to supply merchandise that is in conformity with this Contract. If you wish to return merchandise which is faulty or nonconforming, you can email us.

4.2 If you choose to return your faulty or non-conforming merchandise, we will first need to confirm that it is faulty, damaged, or does not correspond to the description on our website. Once confirmed, we will refund the cost of the merchandise and the original shipping and handling charges paid by you. If we determine the merchandise is not faulty, you will not be entitled to a refund and we will return the merchandise to you at your cost. Please see the “Returns” section above for more information regarding on how you can complete your return.

4.3 We will usually credit the refund back to the form of payment that you used to pay for the merchandise within approximately fourteen (20) business days from the date that we receive the merchandise. Please note, it may take longer for the refund to appear on your payment card statement.

 

 

5. PRODUCT WARRANTIES AND OUR LIABILITY

The following applies with regard to product warranties and our liability:

5.1 Any warranty related issues arising in respect of a Product should be communicated to the respective retailer’s customer support team. In these circumstances, we will provide a refund or replace the product as appropriate and solely upon instruction from the retailer.

5.2 We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Dwiba , our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

5.3 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

5.4 We will not be liable to any user for any loss or damage arising under or in connection with:

5.4.1 use of, or inability to use, our site; or

5.4.2 use of or reliance on any content displayed on our site.

5.5 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our sites or to your downloading of any content on it, or on any website linked to it.

5.6 We assume no responsibility for the content of websites linked on our sites. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

 

6. EVENTS OUTSIDE OUR CONTROL

6.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in section 6.2.

6.2 An “Event Outside Our Control” means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic, health crisis or other natural disaster, or failure of public or private telecommunications networks, backorder situations or delays caused by the retailer or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

6.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

6.3.1 you will be contacted as soon as reasonably possible to notify you; and

6.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

6.3.3 you may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days from the date of order. To cancel please contact us. If you opt to cancel, you will have to return any relevant Products you have already received (where applicable in accordance with these terms and conditions), and we will refund the price you have paid, including any delivery charges (where applicable).

 

7. INDEMNITY

7.1 You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these Terms, or arising out of any claim that you have breached any provision of these Terms.

 

8. OTHER IMPORTANT TERMS

8.1 We may transfer our rights and obligations under a Contract to another organization, but this will not affect your rights or our obligations under these Terms.

8.2 This Contract is between you and us. No other person shall have any rights to enforce any of its terms.

8.3 We only use your personal information in accordance with our Privacy Statement. Please take the time to read our Privacy Statement carefully, as it includes important terms which apply to you. To the extent permitted under applicable data protection law, particularly for the purpose of performance of the Contract, the retailer may also use

your personal information, in accordance with their own separate Privacy Policy which can be found on their website.

8.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

8.5 Nothing expressed or mentioned in or implied from these Terms is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to these Terms. These Terms and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of us, our affiliates and you.

8.6 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.

8.7 Please note that these Terms are governed and construed in accordance with the laws of South Africa. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by the laws of South Africa. You and we both agree that the courts of South Africa will have exclusive jurisdiction in case of any dispute or to settle a claim.

8.8 As a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions, including section 8.7 affects your rights as a consumer to rely on such mandatory provisions of local law.

 

THIRD-PARTY LINKS Certain content, products and Services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.