Information About Us
1. www.nakedapeofficial.com is a site operated by Naked Ape.
2. Your Status
2.1 By placing an order through our site, you warrant that:
2.1.1 you are legally capable of entering into binding contracts; and
2.1.2 you are at least 18 years old;
3. How The Contract is Formed Between You and Us
3.1 After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy Goods. All orders are subject to acceptance by us and we will confirm acceptance to you by sending you an email that confirms that the Goods have been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
3.2 The Contract will relate only to those Goods whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Goods which may have been part of your order until the dispatch of such Goods has been confirmed in a separate Dispatch Confirmation.
4. Our Status
4.1 Please note that in some cases, we accept orders as agents on behalf of third party sellers. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction.
4.2 We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
5. Consumer Rights
5.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Goods. In this case, you will receive a full refund of the price paid for the Goods in accordance with our refunds policy (set out in clause 9 below).
5.2 To cancel a Contract, you must inform us in writing. You must also return the Goods to us immediately (informing us in writing of your intention to return the Goods prior to postage). Failure to inform us in writing of your intention to return the Goods prior to postage may result in a delay in the process under clause 9.
5.3 Upon us receiving notification of your intention to return the Goods, we shall contact you with further instructions on how to proceed with your return.
5.4 You must return the Goods in the same condition in which you received them and at your own cost and risk (we recommend that the Goods be returned via recorded and/or special delivery). The returned Goods should be in their original packaging, in unused and resalable condition and should be accompanied by all corresponding order details. You have a legal obligation to take reasonable care of the Goods while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
5.5 You will not have any right to cancel a Contract for the supply of any Goods constituting underwear.
5.6 Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.
6. Availability and Delivery
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
7. Risk and Title
7.1 The Goods will be at your risk from the time of delivery.
7.2 Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of the Goods, including delivery charges.
8. Price and Payment
8.1 The price of any Goods will be as quoted on our site from time to time, except in cases of obvious error.
8.2 These prices exclude delivery costs, which will be added to the total amount due as set out in our Delivery Guide.
8.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
8.4 Our site contains a large number of Goods and it is always possible that, despite our best efforts, some of the Goods listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where the correct price of the Goods is less than our stated price, we will charge the lower amount when dispatching the Goods to you. If the correct price of the Goods is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Goods, or reject your order and notify you of such rejection.
8.5 We are under no obligation to provide the Goods to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
8.6 Payment for all Goods must be paid via paypal, credit or debit card. We will not dispatch your order until payment for the goods is recieved in full.
9. Refunds Policy
9.1 When you return Goods to us:
9.1.1 because you are a consumer and have cancelled the Contract between us within the seven-day cooling-off period (see clause 5.1), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Goods in full (except where an item is custom made via our bespoke service, no refund or exchange will be given). However, you will be responsible for the cost of returning the item to us;
9.1.2 for any other reason (for instance, because you have notified us in accordance with clause 20 that you do not agree to any changes in these terms and conditions or in any of our policies, or because you claim that the Goods are defective), we will examine the returned Goods and will notify you of your refund via email within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via email that you were entitled to a refund for the defective Goods. Goods returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you (provided that you have returned the item(s) to us by recorded and/or special delivery); and
9.1.3 Goods that have been personalised/bespoke/custom made will not be refunded or exchanged in any circumstances.
9.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase. Where payment has been made by paypal, credit or debit card, we will refund the payment to the paypal account, credit or debit card used to purchase the Goods.
10. Our Liability
10.1 We warrant to you that any Goods purchased from us through our site are of satisfactory quality and reasonably fit for all the purposes for which Goods of the kind are commonly supplied.
10.2 Subject to clause 10.5, our liability for losses you suffer as a result of us breaking this agreement, including deliberate breaches, is strictly limited to the purchase price of the Goods you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
10.3 Subject to clause 10.5, we are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
10.3.1 loss of income or revenue;
10.3.2 loss of business;
10.3.3 loss of profits or contracts;
10.3.4 loss of anticipated savings;
10.3.5 loss of data; or
10.3.6 waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, provided that this clause 10.3 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 10.1 or clause 10.2 or any other claims for direct financial loss that are not excluded by any of the categories 10.3.1 to 10.3.6 inclusive of this clause 10.3.
10.4 Where you buy any Goods from a third party seller through our site, the seller’s individual liability will be set out in the seller’s terms and conditions.
10.5 Nothing in these terms and conditions excludes or limit in any way our liability:
10.5.1 for death or personal injury caused by our negligence;
10.5.2 for fraud or fraudulent misrepresentation; or
10.5.3 for any matter for which it would be illegal and/or unlawful for us to exclude, or attempt to exclude, our liability.
11. Import Duty
11.1 If you order Goods from our site for delivery outside South Africa, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
11.2 Please also note that you must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable for any breach by you of any such laws.
12. Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirements that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to us at firstname.lastname@example.org. We may give notice to you at either the email or postal address you provide to us when placing an order on the Site. Notice will be deemed received and properly served immediately when posted on our site, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email that such email was sent to the specified email address of the addressee.
14. Transfer of Rights and Obligations
14.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
14.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
15. Events Outside of Our Control
15.1 We reserve the right to defer the date of delivery of or to cancel the Contract (without liability to you) if we are prevented from or delayed in the carrying on of our business due to any event of force majeure, provided that, if the event in question continues for a continuous period in excess of 60 days, you shall be entitled to give notice in writing to us to terminate the Contract.
15.2 In these terms and conditions an event of force majeure shall include (without limitation) Act of God, war, threat of war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, tempest, flood, adverse weather conditions, epidemic, accident, acts or omissions on the part of any governmental or local authority or highways authority or public telecommunications, import or export regulations or embargoes, disruption of power supply, lock-outs, strikes or other labour disputes, or restraints or delays affecting carriers or any default of any of our suppliers.
15.3 Our performance under any Contract is deemed to be suspended for the period that an event of force majeure continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the event of force majeure to a close or to find a solution by which our obligations under the Contract may be performed despite the event of force majeure.
16.1 Failure or delay by us in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of our rights under the Contract.
16.2 Any waiver by us of any breach of, or any default under, any provision of the Contract shall not be construed as a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18. Entire Agreement
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
19. Rights of Third Parties
The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of the Contracts by any person who is not a party to it.
20. Our Right to Vary These Terms and Conditions
20.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
20.2 You will be subject to the policies and terms and conditions in force at the time that you order Goods from us, unless (i) any change to those policies or these terms and conditions is required to be made by law or a governmental authority (in which case it will apply to orders previously placed by you); or (ii) if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Goods).
21. Governing Law and Jurisdiction
These terms and conditions shall be governed by and construed in accordance with South African law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts of South Africa.
22. Data Protection
You agree that we may use Personal information provided by you in order to conduct appropriate anti-fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
NOTICE: This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the Goods (Goods) listed on our website www.nakedapeofficial.com (our site) to you. You should read these terms and conditions carefully before ordering any Goods from our site. Please note that by ordering any of our Goods, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.