Terms of service

1. Introduction

Welcome to shopsams.co.za, operated under the trading name Sams Exclusive Man’s Shop.

For purposes of these Terms and Conditions:

“Website” refers to shopsams.co.za and its related online services.
“Customer”, “you” and “your” refer to any person who visits the Website, creates an account or purchases goods from us.
“Goods” or “products” refers to the clothing, footwear, accessories and other merchandise offered through the Website.

These Terms and Conditions govern your access to the Website and all purchases made through it.

By using the Website, creating an account or placing an order, you confirm that you have read, understood and accepted these Terms and Conditions.

2. Supplier information

We are subject to the laws of the Republic of South Africa, including applicable consumer protection and electronic commerce legislation.

3. Eligibility to use the Website

You must have the legal capacity to enter into a binding agreement to place an order.

A person under the age of 18 may only use the Website or place an order with the consent and supervision of a parent or legal guardian. The parent or legal guardian will be responsible for the minor’s use of the Website and any order placed.

You confirm that the information supplied by you is accurate, complete and current.

4. Product information

We take reasonable steps to ensure that product descriptions, photographs, specifications, sizes, colours and prices are accurate.

However:

Colours may appear differently depending on your screen, lighting and device settings.
Measurements and sizing may differ slightly between manufacturers and brands.
Product photographs may include accessories or styling items that are not included unless expressly stated.
Packaging may differ from the photographs displayed.
Minor variations that do not materially affect the nature, quality or intended use of a product will not necessarily constitute a defect.

Customers should review the relevant size guide before ordering. Where you require assistance with sizing, please contact us before placing the order.

Nothing in this clause limits your rights where goods are defective, unsafe, materially different from their description or otherwise fail to meet the standards required by applicable law.

5. Product availability

All products are subject to availability.

Adding an item to your cart does not reserve it. A product may become unavailable before checkout is completed.

If a product becomes unavailable after you have placed and paid for an order, we may:

offer you a suitable replacement, which you may accept or decline;
place the product on back order with your agreement; or
cancel the unavailable item and refund the amount paid for it.

We will not replace a product with another product without your approval.

6. Prices

All prices are displayed in South African rand.

Prices include VAT where VAT is legally applicable, unless expressly stated otherwise.

Delivery charges, service charges or other applicable fees will be displayed before you complete checkout.

We may change product prices at any time. A price change will not affect an order that we have already accepted, except where there has been an obvious pricing or technical error.

Where two different prices are displayed for the same product, the matter will be handled in accordance with applicable consumer legislation.

7. Promotions and discount codes

Promotions, vouchers and discount codes may be subject to additional conditions displayed with the relevant promotion.

Unless otherwise stated:

Discount codes cannot be exchanged for cash.
Only one discount code may be used per order.
Codes must be entered before checkout is completed.
A discount cannot be applied retrospectively.
Promotions are valid only during the advertised period and while stocks last.
Promotions may not be combined unless expressly permitted.
Delivery charges may be excluded from percentage-based discounts.

Promotional and discounted products remain protected by all statutory consumer rights.

We reserve the right to cancel a promotion or reject the use of a discount code where there has been misuse, fraud, an obvious error or a breach of the promotional conditions.

8. Placing an order

Before submitting an order, you will have an opportunity to:

review the selected products;
review the quantities, sizes and colours;
correct mistakes;
review the total purchase price and delivery charge;
provide or correct your delivery information; and
withdraw from the transaction before placing the order.

After placing an order, you should receive an electronic order acknowledgement.

An acknowledgement confirms that we received your order. It does not necessarily mean that the order has been accepted.

A binding sale is concluded when we confirm acceptance of the order or dispatch the goods, whichever occurs first.

We may decline or cancel an order where:

the product is unavailable;
payment was not authorised;
the delivery address is outside our supported area;
the order appears fraudulent or unlawful;
there is an obvious pricing, stock or product-description error;
you have materially breached these Terms and Conditions; or
we reasonably believe that the products are being purchased for unauthorised resale.

Where we cancel a paid order, we will refund the affected amount using the original payment method, subject to reasonable payment-processing timelines.

9. Payment

We accept the payment methods displayed during checkout, which may include:

Instant Payments, Card Payments.

Payment must be completed before an order will be processed, unless a different payment arrangement has been expressly approved.

Payments may be processed by independent payment-service providers. Your use of their services may also be governed by their terms and privacy notices.

We take reasonable steps to use payment systems that are appropriately secure for online transactions. We will never ask you to send your complete bank card details by email, WhatsApp or social media.

You are responsible for ensuring that:

you are authorised to use the selected payment method;
sufficient funds or credit are available;
all payment information is correct; and
any one-time PIN or payment authorisation is completed securely.

10. Fraud prevention

We may carry out reasonable identity, payment and fraud-prevention checks.

Where necessary, we may ask you to provide additional information to confirm your identity, payment authorisation or delivery address.

We may place an order on hold or cancel it where we reasonably suspect fraud, identity theft, unauthorised payment activity or another unlawful transaction.

Information collected for fraud-prevention purposes will be processed in accordance with our Privacy Policy and applicable data-protection law.

11. Delivery areas

We currently deliver to:

ADDRESSES THROUGHOUT SOUTH AFRICA

We do not deliver to areas or countries that are not available as delivery options during checkout.

You are responsible for providing a complete and accurate delivery address, including:

street address;
suburb;
city or town;
province;
postal code;
recipient’s name; and
working contact number.

We are not responsible for delays or additional costs caused by an incorrect, incomplete or inaccessible delivery address supplied by you.

12. Delivery charges and timeframes

Delivery charges will be displayed during checkout.

Delivery periods are estimates unless we expressly guarantee a delivery date.

Delivery may be delayed by circumstances outside our reasonable control, including courier disruptions, severe weather, public holidays, strikes, civil unrest, load shedding, system failures, unusually high order volumes or incorrect delivery information.

Where we cannot fulfil an order within the agreed or legally required period, you will retain all cancellation and refund rights available under applicable law.

13. Delivery and receipt

Delivery will be regarded as completed when the goods are delivered to:

you;
a person apparently authorised to accept delivery at the address supplied by you;
a reception desk, security desk, mailroom or designated receiving area at that address; or
an agreed collection point.

Risk in the goods passes to you upon delivery.

Ownership of the goods passes to you only once we have received full payment.

You should inspect the parcel as soon as reasonably possible after delivery.

Where the parcel appears visibly damaged or tampered with, record this with the courier where possible and contact us promptly.

14. Failed delivery

You must ensure that someone is available to receive the order.

Where delivery fails because:

no one is available;
the address is incorrect or incomplete;
access to the property is refused;
the recipient cannot be contacted; or
the parcel is not collected from a designated collection point,

the courier may return the parcel to us.

We may charge a reasonable additional delivery fee to resend the order where the failed delivery was not caused by us or the courier.

15. Order tracking

Where tracking is available, tracking information will be sent to the email address or telephone number provided during checkout.

Tracking information is supplied by the courier and may not always update immediately.

Please contact us if there has been no movement on the tracking information for an unreasonable period.

16. Incorrect, incomplete or damaged deliveries

You must notify us as soon as reasonably possible where:

you receive the wrong product;
an item is missing;
the parcel or product arrives damaged; or
the product is materially different from what was ordered.

Please provide:

your order number;
a description of the problem; and
clear photographs where reasonably possible.

Where we supplied an incorrect, incomplete or damaged order, we will arrange an appropriate remedy in accordance with applicable law. We will bear reasonable return or collection costs where the error was ours.

17. Seven-day cooling-off right for online purchases

Subject to applicable exclusions, a consumer may cancel an online transaction for goods without giving a reason and without penalty within seven days after receiving the goods.

Where you exercise this right:

you must notify us in writing within the applicable period;
the goods must be returned to us;
you may be responsible for the direct cost of returning the goods; and
the refund will be processed within the period prescribed by applicable law.

This cooling-off right may not apply to certain legally excluded goods, including goods made to your specifications, clearly personalised goods or goods which, by their nature, cannot reasonably be returned.

Nothing in this clause limits any additional right you may have under the Consumer Protection Act or another applicable law.

18. Change-of-mind returns

For a change-of-mind return, the product should be:

unworn and unused;
unwashed;
free from marks, odours, damage and alterations;
returned with its original tags attached;
returned with its original packaging where reasonably possible; and
accompanied by proof of purchase.

These conditions apply to change-of-mind returns and do not remove your rights relating to defective, unsafe or incorrectly supplied products.

We reserve the right to refuse a voluntary change-of-mind return where the product has been worn, washed, altered, damaged or used beyond what was reasonably necessary to inspect it.

19. Hygiene-sensitive products

For health and hygiene reasons, change-of-mind returns may be restricted for certain products once their packaging or hygiene seal has been opened, including:

underwear;
socks;
swimwear;
personal grooming products; and
other intimate or hygiene-sensitive items.

Any restriction will apply only where legally permitted and will not limit your rights where the product is defective, unsafe, incorrectly supplied or materially different from its description.

20. Defective, unsafe or poor-quality goods

Goods must be reasonably suitable for their intended purpose, of good quality, in good working order, free from defects and durable for a reasonable period.

Where goods are defective, unsafe or fail to meet applicable quality standards within six months after delivery, you may be entitled to return them and choose an appropriate statutory remedy, which may include:

a repair;
a replacement; or
a refund.

These rights may not apply where the problem resulted from:

normal wear and tear;
misuse or abuse;
accidental damage;
failure to follow care instructions;
unauthorised alterations or repairs; or
use of the product for a purpose for which it was not designed.

We may inspect a returned product to determine the cause and nature of the reported problem. An inspection will not be used to unreasonably delay or deny a valid statutory claim.

21. Exchanges

Exchanges are subject to stock availability.

Where your requested replacement size, colour or product is unavailable, we may offer:

another suitable product;
store credit, where you agree to it; or
a refund where legally required or agreed.

A size or colour exchange requested because you selected the incorrect option may be subject to return and redelivery charges.

Where we supplied the incorrect size or colour, we will bear the reasonable return and replacement delivery costs.

22. Return procedure

Before returning a product, contact us at:

Email: [INSERT RETURNS EMAIL]
Telephone or WhatsApp: [INSERT NUMBER]

Please provide your order number and reason for the return.

Returns must be sent to:

[INSERT RETURN ADDRESS OR COURIER RETURN PROCESS]

Do not send a return using cash-on-delivery services unless we have agreed to this in writing.

You remain responsible for the returned parcel until it has been received by us, except where we arranged the collection or appointed the courier.

We recommend retaining proof of collection or postage.

23. Refunds

Approved refunds will ordinarily be made using the same payment method used for the original purchase, unless another method is agreed or required.

Refund processing times may differ depending on the payment provider and financial institution.

Unless required by law:

original delivery charges may not be refundable for a partial change-of-mind return;
return delivery charges may be deducted where you are legally responsible for them; and
a refund will not be made to a different person or unrelated bank account.

We will not require you to accept store credit where the law entitles you to a monetary refund.

24. Gift cards and store credit

Any gift cards or store credit offered by us will be subject to the conditions displayed at the time of issue.

Unless otherwise stated:

gift cards may be used only through our authorised sales channels;
gift cards cannot be exchanged for cash except where required by law;
lost or stolen codes may not be replaced where they have already been used;
gift cards may not be resold without permission; and
fraudulently obtained gift cards will be cancelled.

Any expiry period will comply with applicable consumer legislation.

25. Customer accounts

You may be required to create an account to access certain Website features.

You are responsible for:

keeping your login details confidential;
using a secure password;
preventing unauthorised access to your account; and
notifying us promptly if you suspect that your account has been compromised.

You are responsible for activity carried out through your account unless the activity resulted from our own security failure or another cause for which the law makes us responsible.

We may suspend an account where we reasonably believe it is being used fraudulently, unlawfully or in breach of these Terms and Conditions.

26. Acceptable use

You may not:

use the Website for unlawful, fraudulent or abusive purposes;
attempt to gain unauthorised access to the Website or another person’s account;
introduce malicious software, viruses or harmful code;
interfere with the Website’s security or operation;
scrape, copy or extract Website content using automated tools without permission;
submit false reviews or impersonate another person;
use stolen payment information;
place orders with no genuine intention to pay; or
reproduce or commercially exploit Website content without permission.

We may restrict or terminate access where these rules are breached.

27. Reviews and customer content

Where you submit a review, photograph, comment or other content, you confirm that:

the content is truthful and based on your genuine experience;
you own it or have permission to submit it;
it does not infringe another person’s rights;
it is not unlawful, defamatory, discriminatory, threatening or misleading; and
it does not contain malicious code or unauthorised advertising.

You grant us a non-exclusive, royalty-free licence to display and use the submitted content for operating and promoting our business.

We may remove content that breaches these Terms and Conditions but are not obliged to monitor all customer content.

28. Intellectual property

The Website and its content, including its layout, product photographs, graphics, text, logos, trade names, videos and software, are owned by or licensed to us.

You may access and use the Website for personal, non-commercial shopping purposes.

You may not copy, reproduce, distribute, alter, publish, sell or commercially exploit our content without prior written permission.

Third-party brand names and trademarks remain the property of their respective owners.

29. Third-party services and links

The Website may contain links to third-party websites or use third-party services, including payment processors, couriers, analytics providers and social-media platforms.

We are not responsible for the content, availability, security or privacy practices of a third-party service that we do not control.

Your interaction with a third-party provider may be governed by that provider’s own terms and policies.

30. Personal information and privacy

We process personal information in accordance with our Privacy Policy and applicable South African data-protection legislation.

We may process information for purposes including:

creating and administering customer accounts;
processing and delivering orders;
communicating about transactions;
preventing fraud;
providing customer support;
complying with legal and accounting obligations;
improving the Website and customer experience; and
sending marketing communications where permitted.

Our separate Privacy Policy should be read together with these Terms and Conditions.

31. Direct marketing

We may send marketing communications where you have consented or where another lawful basis permits us to do so.

You may unsubscribe from electronic marketing using the unsubscribe option in the relevant message or by contacting us.

Unsubscribing from marketing will not prevent us from sending necessary transactional messages about your account, orders, deliveries, returns or security.

32. Website availability

We aim to keep the Website available and functioning correctly, but we do not guarantee uninterrupted or error-free access.

We may temporarily suspend access for:

maintenance;
security updates;
technical problems;
platform or hosting interruptions;
upgrades; or
circumstances outside our reasonable control.

We will take reasonable steps to correct material problems brought to our attention.

33. Disclaimers and limitation of liability

Nothing in these Terms and Conditions excludes or limits any right or remedy that cannot lawfully be excluded, including rights under applicable consumer legislation.

To the fullest extent permitted by law:

we are not liable for indirect, incidental or consequential losses that were not reasonably foreseeable;
we are not responsible for loss caused by your incorrect information, misuse of the Website or failure to follow product-care instructions;
we are not responsible for third-party services outside our reasonable control; and
our liability relating to a particular order will generally be limited to the amount paid for the affected product, except where a greater liability is imposed by law.

Nothing in these Terms and Conditions excludes liability for fraud, wilful misconduct, gross negligence or another liability that may not legally be excluded.

34. Indemnity for unlawful use

You agree to be responsible for reasonable loss, damage or expense suffered by us as a direct result of your fraudulent, unlawful or deliberately harmful use of the Website.

This clause does not require you to indemnify us for loss caused by our own negligence, unlawful conduct or breach of duty.

35. Events outside our reasonable control

We will not be responsible for a delay or failure caused by an event outside our reasonable control, including natural disasters, extreme weather, civil unrest, strikes, transport interruptions, telecommunications failures, widespread power failures, governmental restrictions or failures by essential service providers.

We will take reasonable steps to minimise the effects of such an event and resume performance as soon as reasonably possible.

Your statutory cancellation and refund rights remain unaffected.

36. Complaints

Please submit complaints to:

Email: [INSERT COMPLAINTS EMAIL]
Telephone: [INSERT TELEPHONE NUMBER]
Physical address: [INSERT ADDRESS]

Include your name, contact information, order number and a clear explanation of the complaint.

We will try to acknowledge and resolve complaints within a reasonable period.

Where a complaint cannot be resolved directly, you may refer it to an appropriate consumer-protection body, ombud, regulator or court with jurisdiction, including the Consumer Goods and Services Ombud or National Consumer Commission where applicable.

37. Notices and electronic communications

You agree that we may send notices and transactional communications electronically using the contact details supplied by you.

An email or other electronic communication will be regarded as received in accordance with applicable law, unless there is evidence that it was not successfully delivered.

You must keep your email address and telephone number current.

38. Changes to these Terms and Conditions

We may amend these Terms and Conditions to reflect changes to:

our business;
the Website;
our products or services;
payment or delivery arrangements; or
applicable laws and regulatory requirements.

The updated version will be published on the Website with a revised effective date.

Changes will not unfairly alter an order already accepted unless the change is required by law or agreed with you.

39. Severability

If any provision of these Terms and Conditions is found to be invalid or unenforceable, that provision will be treated as separate from the remaining provisions.

The remaining Terms and Conditions will continue to operate to the extent legally possible.

40. No waiver

A failure or delay by us in enforcing a provision does not mean that we have waived that provision or any other right.

Any waiver must be made expressly and in writing.

41. Entire agreement

These Terms and Conditions, together with the applicable product description, order confirmation, Privacy Policy, Returns Policy and any promotional conditions, constitute the agreement governing your purchase.

No provision excludes a representation, warranty or consumer right that cannot legally be excluded.

42. Governing law

These Terms and Conditions and all transactions concluded through the Website are governed by the laws of the Republic of South Africa.

Any dispute may be brought before a South African court, tribunal, ombud or regulator with jurisdiction.

Nothing in this clause prevents a consumer from using any complaint or dispute-resolution procedure available under applicable consumer legislation.