Terms & Conditions

1. Introduction

1.1. This website can be accessed at https://blaqfitness-apparel.company.site/, related mobi-sites and software applications (the “Website”) and is owned and operated by Fashion United SA (Pty) Ltd t/a BlaqFitness Apparel.com ("BlaqFitness Apparel", "we", "us"and "our").

1.2. These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.

1.3. These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now”/”Sign up” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.

1.4. The Website enables you to shop online for atheleisure apparel (“Goods”).

2. Important Notice

2.1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).

2.2. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which -

2.2.1. may limit the risk or liability of BlaqFitness Apparel; and/or

2.2.2. may create risk or liability for the user; and/or

2.2.3. may compel the user to indemnify BlaqFitness Apparel; and/or

2.2.4. serves as an acknowledgement, by the user, of a fact.

2.3. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.

2.4. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask BlaqFitness Apparel to explain it to you before you accept the Terms and Conditions or continue using the Website.

2.5. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or BlaqFitness Apparel in terms of the CPA.

2.6. BlaqFitness Apparel permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.

2.7. These Terms and Conditions are divided into three sections, as follows:

• Part A – Orders and Sales;
• Part B – Privacy Policy; and
• Part C – General Legal Terms.

3. Returns

Please refer to our Returns Policy for more information about cancelling orders after delivery, and about returns (and related refunds, replacements or repairs). The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).

PART A – ORDERS AND SALES

4. Registration and use of the Website

4.1. Only registered users may order Goods on the Website.

4.2. To register as a user, you must provide a unique username and password and provide certain information and personal details to BlaqFitness Apparel. You will need to use your unique username and password to access the Website in order to purchase Goods.

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

4.3.1. be used for personal use only; and

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

4.4. For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.

4.5. You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.

4.6. You agree to notify BlaqFitness Apparel immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.

4.7. By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.

4.8. You agree that you will not in any way use any device, software or other instrument 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 device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Company representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).

4.9. You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.

4.10. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Company representative.

5. Conclusion of Sales and availability of stock

5.1. Registered users may place orders for Goods, which BlaqFitness Apparel may accept or reject. Whether or not BlaqFitness Apparel accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by BlaqFitness Apparel for the Goods.

5.2. NOTE: BlaqFitness Apparel will indicate the acceptance of your order by delivering the Goods to you, and only at that point will an agreement of sale between you and BlaqFitness Apparel come into effect (the “Sale”). This is regardless of any communication from BlaqFitness Apparel stating that your order or payment has been confirmed. BlaqFitness Apparel will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.

5.3. Orders may not be cancelled after receipt of payment of the Goods by BlaqFitness Apparel. After dispatch of your Goods, you may cancel the Sale only in accordance with the Returns Policy.

5.4. Placing Goods in a shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available. You cannot hold BlaqFitness Apparel liable if such Goods are not available when you complete or attempt to complete the purchase cycle at a later stage.

5.5. You acknowledge that stock of all Goods on offer is limited. In the case of Goods for sale by BlaqFitness Apparel, BlaqFitness Apparel will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after placing an order, BlaqFitness Apparel will notify you and you will be entitled to a refund of the amount paid by you for such Goods.

5.6 Please note that all fragrances have been imported without the approval of the manufacturer or its licensed supplier. Therefore these goods will not be covered by the warranty of the manufacturer or its licensed supplier. However, the BlaqFitness Apparel Returns Policy applies to all items purchased on BlaqFitness Apparel.com.

6. Payment

6.1. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.

6.2. Payment can be made for Goods via -

6.2.1. credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we reserve the right to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation, your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;

6.2.2. Cash on Delivery

6.2.3. Bank Transfer

6.2.4. Snapscan

6.3. The above payment options are explained in more detail in our Frequently Asked Questions (“FAQ”): Payment Assistance, which is incorporated by reference.

6.4. You may contact us via email at wmasinga@blaqfitness.com to obtain a full record of your payment. We will also send you email and SMS communications about your order and payment.

6.5. Once you have selected your payment method and you accept these Terms and Conditions, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.

7. Delivery of goods

7.1. BlaqFitness Apparel offers one method of delivery of Goods to you, which is via courier.

7.2. Please see details of our delivery and shipping terms and conditions in our FAQ: Shipping Information, which is incorporated by reference.

7.3. Where it accepts your order, BlaqFitness Apparel will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.

8. Errors

We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.

9 Site Promotions

From time to time BlaqFitness Apparel will run promotions. These promotions will either be on selected products or site wide. For each promotion there will be specific terms and conditions. Promotions may require the customer to apply the stated promo-code to their cart during the check-out process.

9.5.1. Promo-code discounts, even if site wide, will only apply to physical product. No promo-code discount will be applied to gift vouchers/cards.