LEGAL
Terms and Conditions for using this site:
- These Terms and Conditions govern the Customer’s transactions (including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content) and use of this website; by using this website, the Customer accept these terms and conditions in full and the Customer agrees that the exclusions and limitations of liability set out in the website disclaimer are reasonable. If the Customer disagree with these terms and conditions or any part of these Terms and Conditions, the Customer must not use this website.
- Unless otherwise stated, the website and/or its licensors own the intellectual property rights and material on the website. Subject to the license below, all of these intellectual property rights are reserved. The Customer may view, download for caching purposes only, and print pages and other content from the website for the Customer’s own personal use, subject to the restrictions set out in the terms and conditions and IP Policy. This website is provided “as is” without any representations or warranties, express or implied and this website makes no representations or warranties in relation to this website or the information and materials provided on this website. Without prejudice to the generality of the foregoing paragraph, this website does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, any form of advice of any kind.
- This website uses cookies. By using this website and agreeing to these Terms and Conditions, the Customer consent to the website’s use of cookies in accordance with the terms of this website’s Cookies Policy. Occasionally there may be information on the website or on the products that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the products or on the website is inaccurate at any time without prior notice (including after you have submitted your order). Streamborn Lifestyle Apparel undertakes no obligation to update, amend or clarify information on the products or on the website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the products or on the website, should be taken to indicate that all information on the products or on the website has been modified or updated.
- The Customer must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity and thus prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any national, international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Products or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the products or any related website, other websites, or the Internet. Streamborn Lifestyle Apparel reserve the right to terminate the Customer’s use of the products or any related website for violating any of the prohibited uses. The Customer must not use this website to reproduce, duplicate, copy, sell, resell or exploit any portion of the products, copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
- The Customer’s privacy is important to Streamborn Lifestyle Apparel and any and/or all submission of personal information through the website is governed by our Privacy Policy. The Customer agrees to provide current, complete and accurate purchase and account information for all purchases made at our online store accessed through the website. The Customer agrees to promptly update the Customer’s account and other relevant information, including the Customer’s delivery address, email address and credit card numbers and expiration dates, so that Streamborn Lifestyle Apparel can complete the Customer’s transactions and in the event that Streamborn Lifestyle Apparel makes a change to or cancel an or any order, Streamborn Lifestyle Apparel may attempt to notify you by contacting the e‑mail and/or delivery address and/or email address and/or phone number provided at the time the order was made. Streamborn Lifestyle Apparel reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. Access to certain areas of this website is restricted and Streamborn Lifestyle Apparel reserves the right to restrict access to any area of this website, or indeed this entire website, at website’s discretion. If the website provides the Customer with a user ID and password to enable the Customer to access commercial restricted areas of this website or other content or products, the Customer must ensure that the user ID and password are kept confidential website may disable the Customer’s user ID and password in website’s sole discretion without notice or explanation. For further information see our Privacy Policy.
- Streamborn Lifestyle Apparel may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure the Customer is familiar with the current version. Streamborn Lifestyle Apparel reserves the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. Your continued use of or access to our website or the products following the posting of any changes to these Terms and Condtions constitutes acceptance of those changes. Streamborn Lifestyle Apparel may provide you with access to third-party tools over which Streamborn Lifestyle Apparel neither monitor nor have any control nor input. The Customer acknowledges and agrees that Streamborn Lifestyle Apparel provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. Streamborn Lifestyle Apparel shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). Certain content and products available via our products offering on Streamborn Lifestyle Apparel’s website may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with Streamborn Lifestyle Apparel. Streamborn Lifestyle Apparel are not responsible for examining or evaluating the content or accuracy and Streamborn Lifestyle Apparel do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or products of third-parties.Streamborn Lifestyle Apparel are not liable for any harm or damages related to the purchase or use of goods, productss, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully these third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
- All goods and products supplied by Streamborn Lifestyle Apparel shall be made and supplied as per our terms and conditions only. Streamborn Lifestyle Apparel may also, in the future, offer new products and/or features through the website’s online store (including, the release of new tools and resources). Such new features and/or productss shall also be subject to these terms and conditions and shall take precedence over any terms and conditions which may be contained in the customer order, or other customer documentation, and may only be altered with the express written agreement of Streamborn Lifestyle Apparel. Certain products may be available exclusively online through the website. Prices for our products are subject to change without notice.These products may have limited quantities and are subject to return or exchange only according to our Return and Exchange Policy.
- Streamborn Lifestyle Apparel have made every effort to display as accurately as possible the colours and images of our products that appear on the website and online store. Streamborn Lifestyle Apparel cannot guarantee that the Customer’s computer monitor’s display of any colour will be accurate. All descriptions of products and as stated previously, the product pricing are subject to change at anytime without notice, at the sole discretion of Streamborn Lifestyle Apparel and it also reserves the right to suspend, replace, discontinue or substitute any colour or type or series of product or products at any time. Any offer for any product made on this site that is clearly unavailable or out of stock or discontinued is void where prohibited and does not constituet a valid transaction. This site mayal so contain certain historical information. Historical information, necessarily, that is not current and is provided for your reference only. Streamborn Lifestyle Apparel reserves the right to modify the contents of this site at any time, however Streamborn Lifestyle Apparel have no obligation to update any information on its website. The Customer agrees that it is your responsibility to monitor changes to the website. Streamborn Lifestyle Apparel do not warrant that the quality of any products, products, information, or other material purchased or obtained by the Customer will meet the Customer’s expectations, or that any errors in the products will be corrected and are subject to return or exchange only according to our Return and Exchange Policy.
- Streamborn Lifestyle Apparel reserve the right to refuse any order the Customer place with us at any time or period. Streamborn Lifestyle Apparel may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. Streamborn Lifestyle Apparel reserve the right, but are not obligated, to limit the sales of our products or any product to any person, geographic region or jurisdiction. Streamborn Lifestyle Apparel may exercise this right on a case-by-case basis. Streamborn Lifestyle Apparel reserves the right to suspend, discontinue, limit the quantities of any products or services that Streamborn Lifestyle Apparel offer. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing, delivery and/or shipping address and the Customer is responsible and liable for all Customs and Excise costs applicable to the Customer’s Region, State or Country. In the event that Streamborn Lifestyle Apparel makes a change to or cancel an order, Streamborn Lifestyle Apparel may attempt to notify the Customer by contacting the e‑mail and/or delivery address and/or phone number provided at the time the order was made. Streamborn Lifestyle Apparel reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
- All payments will be made to Streamborn Lifestyle Apparel as indicated on the billing or online transaction process:
In United States-, United Kingdom-, European Union- or South African currency where applicable and with possible bank and other charges at such time of placing the order.Payment may be made via EFT, Visa and/or MasterCard debit and/or credit cards, or by bank transfer into the Streamborn Lifestyle Apparel bank account, the details of which will be provided on the confirmation of order email, or on request.Debit and/or Credit card transactions will be acquired for Streamborn Lifestyle Apparel via PayGate (Pty) Ltd who are the approved payment gateway for Nedbank Ltd of South Africa. PayGate uses the strictest form of encryption and no credit card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy. Notwithstanding the delivery of any goods to the Purchaser, ownership shall not pass until Streamborn Lifestyle Apparel Lifestyle Apparel has received payment of the full purchase price. Where goods are purchased in terms of a credit facility or on credit, ownership shall not pass to the Purchaser at any stage contrary to the rights of Streamborn Lifestyle Apparel under such credit agreement, or any statutory protection enjoyed by Streamborn Lifestyle Apparel. All payments are made without any deduction or set-off or withholding payment for whatsoever reason. Currently all prices referred to exclude VAT. - Delivery will be made to the Purchaser as per the information provided by the Customer, or in the event that no delivery destination is specified, the Purchaser or its agent will make every effort to ensure delivery by Streamborn Lifestyle Apparel Lifestyle Apparel to the Customer by direct communication and delivery will be completed when the goods are handed to the Purchaser or it’s agent from Streamborn Lifestyle Apparel’s Delivery Centre and before loading commences as per the process in terms of this Clause. If the Purchaser fails to take delivery of the goods on due date, or after notice by Streamborn Lifestyle Apparel then: The risk shall pass immediately from Streamborn Lifestyle Apparel to the Purchaser; The Purchaser shall refund to Streamborn Lifestyle Apparel on demand the reasonable costs (including storage and insurance) of keeping the goods during the period of that delay. Should Streamborn Lifestyle Apparel, at the Purchaser’s request, agree to engage a carrier to transport the goods for the Purchaser then: Streamborn Lifestyle Apparel is authorised to engage a carrier on such terms and conditions as it deems fit; The carrier shall act as agent of the Purchaser. The Purchaser hereby indemnifies Streamborn Lifestyle Apparel against all demands and claims which may be made against it by the carrier so engaged and all liability which Streamborn Lifestyle Apparel may incur to the carrier arising out of the transportation of the goods. Delivery shall be completed when the goods are handed to the carrier at Streamborn Lifestyle Apparel’s premises or such other delivery destination as nominated by Streamborn Lifestyle Apparel, and before loading commences. Time shall not be of the essence and delivery dates must be treated as approximates only based on the latest information available to Streamborn Lifestyle Apparel. Under no circumstances shall the Purchaser be entitled to withdraw from or terminate the acceptance of the order or quotation or on account due to any delay in delivery or have any claim of any nature against Streamborn Lifestyle Apparel arising from late delivery. Should the Purchaser be debited by Streamborn Lifestyle Apparel for goods and should the Purchaser not have received delivery of those goods, then it shall notify Streamborn Lifestyle Apparel in writing within 5 (five) days of issue of any invoice or statement of account from Streamborn Lifestyle Apparel in respect of non-delivery of the goods, failing which the Purchaser shall be deemed to have received the goods in question and be liable to Streamborn Lifestyle Apparel for the amount claimed by it. The Purchaser agrees that a signature on Streamborn Lifestyle Apparel’s official order form, quotation, delivery note or invoice shall constitute prima facie proof of delivery of goods, or services purchased, unless the contrary is proved by the Purchaser. If dispatch is delayed at the Purchaser’s request or for reasons beyond Streamborn Lifestyle Apparel’s control, the risk shall pass to the Purchaser upon notification by Streamborn Lifestyle Apparel to the Purchaser that the goods are ready for dispatch. Streamborn Lifestyle Apparel shall arrange at the Purchaser’s expense for any necessary insurance coverage the Purchaser may require. Demurrage costs shall be payable by the Purchaser as well as any or applicable costs and taxes.
- In no case shall Streamborn Lifestyle Apparel, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. The Purchaser shall not have any claims of any nature whatsoever against Streamborn Lifestyle Apparel for any failure by Streamborn Lifestyle Apparel to carry out any of its obligations under the contract as a result of vis major, strike or lockout, shortage of labour or materials, breakdown of machinery delays in transport, accidents of any kind and default or delay by any sub-contractor or supplier of Streamborn Lifestyle Apparel, riot, political or civil disturbances, the elements, any act of any state or government or any authority, or any other cause whatever beyond Streamborn Lifestyle Apparel’s control. The Customer agrees to indemnify, defend and hold harmless Streamborn Lifestyle Apparel and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
- The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are legally enforcable and executionable in the event of termination or breach. In the event of breach legal notices willfollow as per the applicable jurisdiction and legal system as indicated in these Terms and Condtions. Termination may under certain circumstances occur cuch as by notifying Streamborn Lifestyle Apparel that you no longer wish to use our products, or when you cease using our site. If in our sole judgment you fail, or Streamborn Lifestyle Apparel suspect that you have failed, to comply with any term or provision of these Terms and Condtions, Streamborn Lifestyle Apparel also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our products (or any part thereof). - The failure of Streamborn Lifestyle Apparel to exercise or enforce any right or provision of these Terms and Condtions shall not constitute a waiver of such right or provision(s). These Terms of Service and any policies or operating rules posted by Streamborn Lifestyle Apparel on this website or online store in respect to the products constitutes the entire agreement and understanding between the Customer and Streamborn Lifestyle Apparel and govern your use of the products, superceding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between the Customer and Streamborn Lifestyle Apparel (including, but not limited to, any prior versions of the Terms and Condtions). Any ambiguities in the interpretation of these Terms and Condtions shall not be construed against the drafting party. In the event that any provision of these Terms and Condtions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Condtions, such determination shall not affect the validity and enforceability of any other remaining provisions.
- If, at our request, the Customer send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that Streamborn Lifestyle Apparel may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. Streamborn Lifestyle Apparel are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
Streamborn Lifestyle Apparel may, but have no obligation to, monitor, edit or remove content that Streamborn Lifestyle Apparel determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.The Customer agrees that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right or anything contained in these Terms and Conditions. The Customer further agrees that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the website or its functionality. The Customer is prohibited from and may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. The Customer is solely responsible for any comments you make and their accuracy. Streamborn Lifestyle Apparel take no responsibility and assume no liability for any comments posted by the Customer or any third-party and do not necessarily support the views of such Customers or third-parties. - These Terms and Conditions and any separate agreements whereby Streamborn Lifestyle Apparel provide the Customers with products will be governed by and construed in accordance with the laws of the Republic of South Africa.
- Questions about the Terms and Conditions should be sent to Streamborn Lifestyle Apparel at admin@streambornlifestyle.com
Privacy Policy
CUSTOMER PRIVACY SOURCE
STREAMBORN LIFESTYLE APPAREL’s privacy policy explains how we obtain, use and disclose your personal information, in accordance with the legal requirements contained in The Protection of Personal Information Act 4 of 2013 (“POPIA”) of the Republic of South Africa and we are committed to protecting your privacy and to ensure that your personal information is collected and used properly, lawfully and transparently.
Protection of Personal information and collection
Our website may collect and use in terms of POPIA the following kinds of personal information:
- information about the Customer’s use of this website;
- information that the Customer provide using for the purpose of registering with the website;
- information about transactions carried out over this website;
- information that the Customer provide for the purpose of subscribing to the website services;
- any other information that the Customer send to website.
- Customer details separate from card details
- Customer details will be stored by STREAMBORN LIFESTYLE APPAREL separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za
Using personal information
STREAMBORN LIFESTYLE APPAREL’s website may use the Customer’s personal information to:
- administer this website;
- personalize products on the website for the Customer;
- enable the Customer’s access to and use of the website functions and services;
- publish comments from the Customer on the website;
- send to the Customer products that the Customer purchase;
- supply to the Customer services that the Customer purchase;
- send to the Customer statements and invoices;
- collect payments from the Customer; and
- send the Customer product, marketing and promotional communications.
Where our website discloses the Customer’s personal information to its agents or sub-contractors for these purposes, the agent or sub-contractor in question will be obligated to use that personal information in accordance with the terms of this privacy statement.
In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, our website may disclose the Customer’s personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.
We collect and process your personal information mainly to contact you for the purposes of understanding your requirements and delivering services accordingly. For this purpose, we will collect contact details including your name, contact details and/or organisation.
We collect information directly from you where you provide us with your personal details. Where possible, we will inform you what information you are required to provide to us and what information is optional.
Website usage information may be collected using “cookies” which allows us to collect standard internet visitor usage information, see our “Cookies Policy”.
How we use your information
We will use your personal information only for the purposes for which it was collected and agreed with you. In addition, where necessary your information may be retained for legal or research purposes.
For example:
- To gather contact information.
- To confirm and verify your identity or to verify that you are an authorised user for security purposes.
- For the detection and prevention of fraud, crime, money laundering or other malpractice.
- To conduct market- or customer satisfaction research or for statistical analysis.
- For audit and record keeping purposes.
- In connection with legal proceedings.
Disclosure of information
We may disclose your personal information to our service providers who are involved in the delivery of products or services to you. We have agreements in place to ensure that they comply with the privacy requirements as required by the Protection of Personal Information Act 4 of 2013.
We may also disclose your information:
- Where we have a duty or a right to disclose in terms of law or industry codes.
- Where we believe it is necessary to protect our rights.
Information Security
We are legally obliged to provide adequate protection for the personal information we hold and to stop unauthorized access and use of personal information. We will, on an on-going basis, continue to review our security controls and related processes to ensure that your personal information remains secure.
Our security policies and procedures cover:
- Physical security.
- Computer and network security.
- Access to personal information.
- Secure communications.
- Security in contracting out activities or functions.
- Retention and disposal of information.
- Acceptable usage of personal information.
- Governance and regulatory issues.
- Monitoring access and usage of private information.
- Investigating and reacting to security incidents.
- When we contract with third parties, we impose appropriate security, privacy and confidentiality obligations on them to ensure that personal information that we remain responsible for, is kept secure.
We will ensure that anyone to whom we pass your personal information agrees to treat your information with the same level of protection as we are obliged to.
Your Rights: Access to information
You have the right to request a copy of the personal information we hold about you. To do this, simply contact us at the numbers/addresses as provided on our website and specify what information you require. We will need a copy of your ID document to confirm your identity before providing details of your personal information.
Please note that any such access request may be subject to a payment of a legally allowable fee.
Correction of your information
You have the right to ask us to update, correct or delete your personal information. We will require a copy of your ID document to confirm your identity before making changes to personal information we may hold about you. We would appreciate it if you would keep your personal information accurate.
Definition of personal information
According to the Act ‘‘personal information’’ means information relating to an identifiable, living, natural person, and where it is applicable, an identifiable, existing juristic person. Further to the POPI Act, COR Concepts also includes the following items as personal information:
- All addresses including residential, postal and email addresses.
- Change of name – for which we require copies of the marriage certificate or official change of name document issued by the state department.
How to contact us
If you have any queries about this notice; you need further information about our privacy practices; wish to withdraw consent; exercise preferences or access or correct your personal information, please contact us at the email address listed on our website.
Restricted access
Access to certain areas of this website is restricted. website reserves the right to restrict access to any area of this website, or indeed this entire website, at website’s discretion.
If website provides the Customer with a user ID and password to enable the Customer to access commercial restricted areas of this website or other content or services, the Customer must ensure that the user ID and password are kept confidential.
website may disable the Customer’s user ID and password in website’s sole discretion without notice or explanation.
No warranties
This website is provided “as is” without any representations or warranties, express or implied. website makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, website does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If the Customer require advice in relation to any legal, financial, medical or any other matter, professional or non-professional, the Customer should consult an appropriate professional.
Limitations of liability
website will not be liable to the Customer (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss; for any indirect, special or
consequential loss; or - for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business
relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if website has been expressly advised of the potential loss.