T&C's
1. Introduction
1.1. This website can be accessed at www.topcomodelsmerch.com, (the “Website”) and is owned by Topco Models and operated by Wix ("Topco", "we", "us” and "our").
1.2. These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and collection 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 “Subscribe Now” button on the Website, as may be applicable, you acknowledge that you expressly consent to the Privacy Policy and have read and agree to be bound by these Terms and Conditions.
1.4. The Website enables you to shop online for our range of goods which may include footwear, apparel, sport, baby and toddler products. (“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 Topco; and/or
2.2.2. may create risk or liability for the user; and/or
2.2.3. may compel the user to indemnify Topco; and/or
2.2.4. serves as an acknowledgment, 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 Topco 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 Topco in terms of the CPA.
2.6. Topco 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:
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Part A – Orders and Sales;
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Part B – Privacy Policy; and
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Part C – General Legal Terms.
3. Returns
3.1. Please refer to our Returns Policy for more information about cancelling orders and 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).
Transaction fees for payment and refunds will be for the patron’s account.
Refer to T’s & C’s 5.2 for cancellation of orders clause.
PART A – ORDERS AND SALES
4. Registration and use of the Website
4.1. In order for you to complete your purchase of any goods listed on the “Website”, you will be required, upon check out, to enter your personal details. You will not be able to move to the next step without having done so. Should you have concerns about the processing of your personal information, please refer to our Privacy Policy for further perusal.
4.2. You agree and warrant that all information you submit:
4.2.1. is true and belongs to you as the patron; and
4.2.2. should you be purchasing on behalf of another person, that you have expressly been granted permission by said person/s to submit the information belonging to such a person.
4.3. For security purposes you agree to enter the correct user details whenever ordering Goods, failing which you will be denied access.
4.4. You agree that, once the correct personal details relating to your account have been entered, irrespective of whether the use of such details are unauthorized 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.
4.5. You agree to notify Topco immediately upon becoming aware of or reasonably suspecting any unauthorized access to or use of your personal details and to take steps to mitigate any resultant loss or harm.
4.6. 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.
4.7. 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 authorized Topco representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
4.8. You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
4.9. 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 authorized Company representative.
5. Conclusion of Sales and availability of stock
5.1. Users may place orders for Goods, which Topco may accept or reject. Whether or not Topco 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 authorization by Topco for the Goods.
5.2. Orders may not be cancelled after the receipt of payment of the goods from Topco. After dispatch of your Goods, you may cancel the Sale only in accordance with the Returns Policy.
5.3. 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 Topco liable if such Goods are not available when you complete or attempt to complete the purchase cycle at a later stage.
5.4. You acknowledge that stock of all Goods on offer is limited. In the case of Goods for sale by Topco, Topco 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, Topco will notify you and you will be entitled to a refund of the amount paid by you for such Goods.
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 credit card: where payment is made by credit card, we may require additional information in order to authorize and/or verify the validity of payment. In such cases we reserve the right to withhold dispatch until such time as the additional information is received by Topco and authorization is obtained by Topco for the amounts. If Topco does not receive authorization, your order for the Goods will be cancelled. You warrant that you are fully authorized to use the credit card supplied for purposes of paying for 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;
6.3. The above payment options are explained in more detail in our Frequently Asked Questions (“FAQ”): Payment Procedures, which is incorporated by reference.
6.4. You may contact us via email at topco@topcomodels.co.za to obtain a full record of your payment. You will also receive email communication about your order and payment.
6.5. Once you have selected your Goods and you accept these Terms and Conditions, you will be directed via a link to a secure site for payment of the applicable purchased Goods.
7. Collection Options
Topco only offers a collection option.
7.1. Collection in Person
Collection Point:
16 Upper Pepper Street, Schotsche Kloof, Cape Town, 8001
Collection Operating Hours:
Monday - Friday / 9am-5pm
7.2. Courier collection
Should you wish to arrange a courier to collect your goods, please make sure to inform us via email: topco@topcomodels.co.za
Please include:
- Courier Company Name
- Collection date
Please further furnish the Courier Company of your choice with:
- A copy of your proof of payment
- Copy of the email request for collection sent from your email to that of the courier's.
** the courier will be required to show these documents upon collection of goods.
8. Errors
We shall take all reasonable efforts to accurately reflect the description, availability, and purchase price of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to Topco’s gross negligence), Topco 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
9.1. From time-to-time Topco 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.
9.2. Promo-code discounts, even if site wide, will only apply to physical product. No promo-code discount will be applied to gift vouchers/cards.
PART B – PRIVACY POLICY
10. Privacy policy
10.1. We respect your privacy and will take all reasonable measures to protect it, as more fully detailed in our Privacy Policy, which is incorporated by reference.
PART C – GENERAL LEGAL TERMS
11. Changes to these terms and conditions
11.1. Topco may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
11.2. Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
12. Electronic communications
When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with our Privacy Policy as set out in clause 10 above.
13. Ownership and copyright
13.1. The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Topco, its advertisers and/or sponsors and/or is licensed to Topco.
13.2. You will not acquire any right, title or interest in or to the Website or the Website Content.
13.3. Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorized in terms of these Terms and Conditions or otherwise provided for in law.
14. Disclaimer
14.1. The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
14.2. Whilst Topco takes reasonable measures to ensure that the content of the Website is accurate and complete, Topco makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability, or functionality of the Website or as to the accuracy, completeness, or reliability of any information on the Website.
14.3. Topco disclaims liability for any damage, loss, or liability, whether direct, indirect, or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
15. Linked third party websites
15.1. This Website may contain links or references to other websites (“Third Party Websites”). This includes, but is not limited to:
15.1.1. Links to Topco’s Social Media Platforms (Instagram and Facebook Accounts)
15.1.2. Links to email accounts: topco@topcomodels.co.za
15.1.3. Links to payment portals in accordance with Topco’s Payment Procedure referred to in the FAQ’s as well as Terms and Conditions.
15.2. Notwithstanding the fact that the Website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.
16. Limitation of liability
16.1. Topco cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or willful misconduct of Topco, its employees, agents, or authorized representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email to topco@topcomodels.co.za
16.2. Topco shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the website or the content contained in the website; or your inability to use the website, and/or unlawful activity on the website and/or any linked third party website.
16.3. You hereby indemnify Topco against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this website and/or any linked third party website.
17. Availability and termination
17.1. We will use reasonable endeavors to maintain the availability of the Website, except during scheduled maintenance periods, and reserve the right to discontinue providing the Website or any part thereof with or without notice to you.
17.2. Topco may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Topco will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time and to the extent possible.
17.3. If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, and you fail to remedy such failure within 7 (seven) days of notice to you by us, this may (in our sole discretion) lead to a suspension of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
18. Governing law and jurisdiction
18.1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
18.2. In the event of any dispute arising between you and Topco, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
18.3. Nothing in this clause 18 or the Terms and Conditions limit your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.