terms & conditions
the following information sets out the conditions of use of www.ianwest.com ("the website"). ian west studio and ian west ("we" or "us") are the operators of the website.
1. by accessing this website, you have agreed to be bound by the terms and conditions as set out below.
2. you agree that in the event of any dispute of any nature that may arise between you and us, these terms and conditions shall be governed by and construed exclusively in accordance with the law of south africa.
3. you understand and accept that to the fullest possible extent permitted in law, we accept no responsibility for any loss or damage or injury caused to you or your hardware or software whether such loss or injury is caused directly or indirectly by your use of this website.
copyright and plagiarism
4. you acknowledge that we own or may own or control copyright and/or other intellectual property rights in the look and feel of the website and its contents including any sounds, music, text, graphics, data, stills, photographs and moving images. such intellectual property rights shall include all registered and unregistered intellectual property rights of any type or nature including trademark and copyright. you further agree that you will not infringe these rights by any method or manner now known or as may exist in the future.
5. in the event that you buy any goods or services using our website you will be bound by such terms as are notified by us to you in the process of the purchase, as indicated on the website or on any email received by you from us in the course of the purchase process.
6. in the absence of any email sent by us to you, the terms will be as specified within these terms and conditions or those specified on the website itself concerning the price of the goods, the methods of acceptable payment and the timing of such payments, and the requirement by you to pay such additional carriage and freight charges as may be specified on the website.
7. we have no responsibility to supply to you any goods or services as may be advertised for sale or supply on our website. when you place the order for goods or services, you are making a legal offer to us, which we may or may not accept. a legally binding contract will only exist between us when you receive written confirmation from us (by e-mail or otherwise) that confirms your order.
8. in the event of any discrepancy between the terms and conditions specified or highlighted on the website, and these terms and conditions, and or such terms and conditions as are specified in an email sent to you by us, in the course of a purchase, the prevailing terms will be those most favourable to us.
9. no terms agreed between us will be varied unless such a variation has been agreed by us in writing. however, we reserve the right to supply to you goods that are of an equivalent style, type and quality as those selected by you from the website, at the same price than those you ordered.
cancellation and returns: goods
10. you may return such goods as are supplied by us to you provided: you notify us by email (to firstname.lastname@example.org ) within 7 days of receiving your order. please include your customer order number and description of the item(s) you wish to return.
upon our receipt of your email and our approval you will receive an email advising you of an ra number to be included with your return.
you are then required to return the items within seven days of receipt of this email to the address provided in this email.
the return items must be returned in their original saleable condition, unwashed and unworn, with tags attached.
the items are returned at your expense to the return address specified above; if the return conditions are met we will refund you for the amount you originally paid for the items (excluding shipping fees) within 5 business days from the date we receive the goods back from you. please allow 10 business days for the refund of monies to your account.
goods purchased "on-sale" will not be refunded other than in the event of them being faulty.
we will not be responsible for any return packages sent to us which are sent by other than a trackable mail or freight method. we recommend registered post.
return and exchange: goods
11. you may exchange such goods as are supplied by us to you (excluding lingerie, swimwear, shoes, jewellery and accessories and goods purchased "on-sale") provided: you notify us by email (to email@example.com) within 7 days of of receiving your order. please include your customer order number and description of the item(s) you wish to exchange. upon our receipt of your email and our approval you will receive an email advising you of an ra number to be included with your return.
you are then required to return the items within seven days of receipt of this email to the address provided.
the return items must be returned in their original saleable condition, unwashed and unworn, with tags attached.
the return items must be returned in their original condition, unwashed and unused, with tags attached. you may exchange items to items of the same value, in other colour, size or style.
12. in the following circumstances goods shall be treated as being "non-returnable": sale items; where the price of the goods was dependant on fluctuations in the financial market outside of our control; where the goods have been at your request personalised; where the goods by their nature cannot be returned; goods which by their nature for hygienic reasons cannot be resold once returned including ear rings, body studs and swimwear, undergarments; goods which have been worn, washed and used.
ownership of the goods and risks
13. ownership and risk of damage of the goods passes to you upon delivery at your specified delivery address. we require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. if you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that address) is proof of delivery and fulfilment by us.
further details regarding our shipping processes and policies can be found elsewhere on this website.
rights of third parties
14. this agreement is between you and us and not any third party, and this agreement is not intended to confer any rights of any nature upon any party other than you and us and our legal associates.
privacy and data protection
communications from us to you
16. if you have any queries or concerns relating to our website or our products or services or these terms and conditions please forward your query to the following email address:
17. if you do not wish to receive unsolicited information about future products or services from us, then please inform us in the manner specified on our website or email us as indicated above simply stating: unsubscribe. alternatively you can request that you be excluded from receiving such information by emailing firstname.lastname@example.org, or calling +27 21 422 2329.
communications from you to us
18. if now or in the future our website facilitates you sending us information, images, comment or data of any nature by email or otherwise which is then displayed on any notice board, open discussion forum or similar communally accessible and interactive site, you must ensure that such material is not defamatory or offensive, untrue, racially offensive or an incitement to racial hatred or otherwise in breach of an individual’s right to privacy or human rights or actionable in law in any jurisdiction.
19. in the event that you do post such material on our website, such consequences that may directly or indirectly follow will be entirely your responsibly and not ours, and you agree to indemnity and hold us harmless from any action or consequences that may arise in such circumstances.
20. in the event that we receive any material from you that in our view (whether reasonable or unreasonable) is potentially actionable or otherwise objectionable, we reserve the right to withdraw the material without notice or reason, and without giving rise to any claim by you against us for so doing.
21. all information that you supply to us under any circumstances shall be to the best of your knowledge and belief, true and accurate, and not misleading in any manner.
22. please take full responsibility for your own security when using the internet and do not under any circumstances disclose your bank details, credit card details, your personal user name or password or other such information to any other person unless you are confident that the information will not be misused by that person.
23. please also ensure that you do not leave your personal computer unattended while it is in operation unless it is safe to do so, and be aware that public forums and chat rooms are often used by people as a means of exploiting others and obtaining personal information about you.
24. in these terms and conditions:
"activate" means the initial loading of value onto a ian west gift voucher.
"ZAR" means the currency of south africa.
"ian west gift voucher" means any ian west gift voucher card and/or ian west gift voucher, including evouchers.
"card balance" means the unspent value of a ian west gift voucher.
"voucher number" means the 10-digit number that appears on the ian west gift voucher.
"expiry date" means the date, being stated on the ian west gift voucher after which, any remaining funds on a ian west gift voucher will not be available for redemption. ian west gift vouchers have a 12 month expiry date after the date of purchase.
"redeem" means to reduce the value loaded on your ian west gift voucher by using the ian west gift voucher to purchase goods or services from ian west studio.
25. the terms and conditions set out in clauses 24 to 49 apply to all ian west gift vouchers.
26. you agree to be bound by these terms and conditions by purchasing, activating, using, or attempting to use a ian west gift voucher or by making a transaction enquiry or exercising any right to redeem value loaded on a ian west gift voucher.
27. if you are giving a ian west gift voucher to another person, you should ensure that the recipient is aware of the terms and conditions that apply to the ian west gift voucher and the relevant expiry date of the ian west gift voucher.
28. ian west gift vouchers can be purchased online.
29. ian west gift vouchers are available for any value from r200.00 to r5000.00 zar.
30. ian west gift vouchers activates when purchased.
31. once you purchase a ian west gift voucher you cannot subsequently add value to it.
32. you can check your ian west gift voucher balance at any point of sale on the website. no change is given and any balance that remains on the card can only be used in whole or part against future purchases.
33. the expiry date of ian west gift vouchers is provided on each ian west gift voucher. any balance that remains on the voucher after expiry will not be available for use.
34. electronic ian west gift vouchers ("evouchers") are available to purchase online at ianwest.co.za evouchers will be received by the nominated recipient via email within 5 minutes of ordering and are delivered active. evouchers can be redeemed at ianwest.co.za by entering the evouchers number.
35. you must treat your ian west gift voucher like cash.
36. we reserve the right to place a stop on ian west gift voucher.
- 37. you are responsible for your ian west gift voucher, and are liable for all transactions made using your ian west gift voucher.
38. ian west gift vouchers may be used as personal or business gifts, but must not be used in connection with any third party marketing, advertising or other promotional activities unless you obtain our prior written approval from ian west.
39. use of our name or brands or any names and logos of ian west (other than in connection with the purchase or use of ian west gift voucher) is strictly prohibited.
40. if you have any requests or enquiries about your ian west gift voucher, email us at email@example.com.
41. your ian west gift voucher can be redeemed for goods and services online at ianwest.co.za up to the value loaded onto your ian west gift voucher. any value redeemed is deducted from the ian west gift voucher balance.
42. ian west gift voucher should be treated as cash. they cannot be replaced if lost or stolen. once activated, ian west gift vouchers may only be used for purchases online at ianwest.co.za. ian west gift vouchers cannot be returned or exchanged for cash.
43. the available funds on a ian west gift voucher can be verified on request or at time of purchase online. no change is given and any balance that remains on the card can only be used in whole or part against future purchases of ian west. ian west gift voucher expires 12 months after purchase. any balance that remains on the card after expiry will not be available for use.
44. you cannot resell or on sell ian west gift vouchers.
45. your use of the ian west gift voucher is subject at all times to the policies (and, where applicable, other terms and conditions) of ian west regarding the goods made available by it.
46. where price of the goods being purchased with the ian west gift voucher exceeds the ian west gift voucher balance, you must pay the amount exceeding the ian west gift voucher balance by an alternative payment method.
47. once you ian west gift voucher has reached a nil balance it cannot be re-activated.
48. if you have any questions about ian west gift vouchers or if you wish to make a complaint about your ian west gift voucher, please email us using the "contact us" section of ianwest.co.za. all questions and complaints will be responded to within five (5) business days of receipt.
49. we can change or update these terms and conditions at any time and will publish the updates on ianwest.co.za. you should check these terms and conditions when you visit ianwest.co.za. if you have purchased a ian west gift voucher, the terms and conditions current at the time of purchase are valid. you should keep a copy of the terms and conditions provided to you at the time of purchase.