TERMS AND CONDITIONS OF SALE
 

  1.  Introduction

    1. This website (the “Website”) is owned and operated by GSJ Enterprise Pty Ltd (“company”, “Wear Jo”, “we”, “us”, and “our”). These Terms set forth the terms and conditions under which you may use our website and the services offered by us.

    2. By accessing or using the website or our services, you confirm that you have read, understood and agree that you are bound by these Terms.

    3. We reserve the right to modify these terms from time to time and at our sole discretion. You should therefore review this page periodically. Should we change the Terms in a material manner, you will be notified that material changes have been made to the Terms. Your continued use of the Website or our services after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the services.

    4. This Website allows visitors to shop online for an extensive range of goods which may include footwear, apparel, jewelry, health, and beauty products (“Goods”).

  2. Registration and use of the website

    1. In order to use our website and/or receive our services, you must be at least 18 years of age, or of the legal age in your jurisdiction and possess the legal authority, right, and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

    2. To register as a user, you must provide a unique username and password and provide certain information and personal details to Wear Jo. You will need to use your unique username and password to access the website in order to purchase Goods.

    3. You agree and warrant that your username and password shall:

      1. be used for personal use only; and

      2. not be disclosed by you to any third party.

    4. You agree to notify Wear Jo immediately upon becoming aware of or reasonably suspecting any unauthorized access or use of your username and password and to take steps to mitigate any resultant loss or harm.

    5. You agree that you will not in any way use any device, software, or other instruments to interfere or attempt to interfere with the proper working of the website. In addition, you agree that you will not in any way use any robot, spider, other automatic devices, or manual process to monitor, copy, distribute or modify the website or the information contained herein without the prior written consent from an authorized company representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).

    6. You may not use the website to distribute material that is defamatory, offensive, contains or amounts to hate speech, or is otherwise unlawful.

    7. We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment

    8. You agree to receive promotional messages and materials from time to time via mail, email, or any other contact form you may provide us with (including your phone number for calls or text messages). If you do not want to receive such promotional materials or notices – please notify us at any time.

  3. Commercial Terms

    1. When buying an item, you agree that:

      1. you are responsible for reading the full item listing before making a commitment to buy it;

      2. you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

    2. The prices we charge for using our services/products are listed on the website. We reserve the right to change our prices for products displayed at any time and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.

    3. For any undamaged product, simply return it with its included accessories and packaging along with the original receipt (or gift receipt) within 30 days of the date that you received it and we will exchange it or offer a refund based upon the original payment method. In addition, please note the following:

      1. Products can be returned only in the country in which they were originally purchased; 

      2. The following products are not eligible for return: underwear and swimwear.

    4. We may, without prior notice, change the Services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.

    5. When we receive a valid warranty claim for a product purchased from us, we will either repair the relevant defect or replace the product. If we are unable to repair or replace the product within a reasonable time, the customer will be entitled to a full refund upon the prompt return of the product to us. We will pay for the shipment to repaired or replaced products to the customer and the customer will be responsible for the return shipment of the product to us.

  4. Intellectual property, copyrights, and logos

    1. The Service and all materials therein or transferred thereby, including without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all Intellectual Property Rights related thereto, are the exclusive property of GSJ Enterprise Pty Ltd. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

    2. If you want to offer your users the ability to upload content (images, audio, text ...) for disclosure on your site, it is important that the issuer of such content certifies that he has all the legal rights and/or necessary licenses over the content and that such content might be publicly available.

    3. You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed on the website.

  5. Limitation of liability and legal​

    1. To the maximum extent permitted by applicable law, we assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

    2. You agree to indemnify and hold us harmless from any demands, loss, liability, claims, or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

    3. These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under, and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the Republic of South Africa, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Mbombela. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

  6. To the maximum extent permitted by applicable law, in no event shall we, be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, the service.