Terms & Conditions

TERMS AND CONDITIONS

WE DRAW YOUR ATTENTION TO THESE TERMS AND CONDITIONS WHICH APPLY WHENEVER YOU BUY GOODS FROM LUTO Store Online at www.lutostore.co.za. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE. BY ACCESSING OR USING ANY PART OF OUR WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

YOU MUST PRINT OR DOWNLOAD A COPY OF THESE TERMS AND CONDITIONS FOR YOUR OWN RECORDS.

In these Terms:

“We/Us/Our” means LUTO Store (Pty) Ltd.

“You/Your” means you, the person using Our Website and/or buying Goods from Us. “Website” means Our LUTO Store website at www.lutostore.co.za.

“Goods” means the goods which LUTO Store will supply to You in accordance with these Terms and Conditions.

“Order” means an order which You place with LUTO Store detailing the Goods You wish to buy from Us.

1. HOW THESE TERMS AND CONDITIONS APPLY TO YOU

1.1 The Terms in Section A explain how You should use Our Website. They apply to ALL users of the Website. Section B applies when You buy Goods using the Website. We may amend the Terms and Conditions at any time and you are advised to read them regularly to understand any changes We apply.

1.2 When You visit Our Website, We may collect information about You and Your visit to the Website. Information regarding user data collection can found in our Privacy Policy which forms part of these Terms. The Privacy Policy and these Terms jointly control Our relationship with You and form the contract between You and Us.

Section A: Terms of Website Use

2. ABOUT THIS WEBSITE

2.1 This Website is owned and operated by LUTO Store (Pty) Ltd, a company in South Africa. The registered office of LUTO Store (Pty) Ltd is located at 215 Bosbok Street, Pretoria, 0183.

2.2 The purpose of this Website is the sale of goods and services to people who are consumers. All the information on this Website is in English, all communications are also in English and the Website is

designed to comply with laws of the Republic of South Africa. You may be viewing the Website in a market in which we do not regularly operate or sell our goods and services. We cannot be held liable and/or responsible for non-compliance with any local laws governing Your region in relation to this Website or its contents.

3. OUR RIGHTS IN THE WEBSITE

The copyright and other ownership rights including but not limited to the Intellectual Property Rights in this Website and its contents including but not limited to design, text, logos, trade names, graphics, software and advertising material are owned by Us or Our licensors. You are strictly prohibited from copying, publishing, editing or distributing the content of this Website. You may only view this Website and print pages from it for personal use, for browsing Our products and to place an Order with Us. You must not make any copy of any material from the Website for any purpose without Our express written consent.

You must not in any way publish, copy, edit, modify, distribute or use any trademarks, logos or brand names which appear on the Website. The use and distribution of links to Our Website that are posted on other websites are based on Our preference and We may instruct that You to stop sharing and/or posting links to Our Website at any time.

We may collect and use any information which you transfer and/or upload to Our Website at Our discretion and We may also share that information to a third party.

4. WEBSITE CONTENT

In no case shall LUTO Store (Pty) Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, partners or licensors be held liable and/or responsible 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 the Website or any Goods procured using the Website, or for any other claim related in any way to your use of the Website 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 Website or any content (or product) posted, transmitted, or otherwise made available via the Website, even if advised of their possibility. You must ensure that Your usage and reliance on this Website is appropriate for Your own intentions and the information provided by Us cannot be construed as advice of any form

We may alter, make additions, upgrade and/or modify the content of Our Website at any time and without notice.

Certain content, goods and services available via the Website may include materials from third-parties.

Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, goods, or services of third-parties.

We do not guarantee that this Website will always be available for use or error-free, virus-free or similar.

We are legally obligated to supply goods that are in line with the contract and we endeavour to ensure that the product images displayed on Our Website are as accurate as possible but it is possible that there will be colour and other variations between the Goods and the images shown online.

5. HOW YOU MUST USE THIS WEBSITE

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.

You are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any 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 Website 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 Website or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Website or any related website for violating any of the prohibited uses.

Section B: Terms of Sale

6. OUR AGREEMENT FOR THE SALE OF GOODS AND THE ORDERING PROCESS

6.1 The Website displays Goods which are marketed for sale and provides information about the goods. By marketing Goods on the Website, We are inviting You to place an Order with Us. If You decide to place an Order, We are in no way obligated to accept that Order and the Contract between Us will only be formed in the event that We accept Your Order. Merely submitting an electronic order form and/or completing the checkout process does not constitute an acceptance of Your Order by Us. Acceptance of Your order and the enforceability of the contract between You and Us come into effect only upon the dispatch of Your Goods. You may add any number of Goods within a single Order, subject to any restrictions set out in these Terms or on the Website and each Order which You place will be a separate

The contract between You and Us. We reserve the right to refuse to supply Goods to any person without explanation.

6.2 Any terms and conditions appearing or referred to in the Order or otherwise stipulated by You shall have no effect. Any variation of the Contract must be confirmed in writing by Us.

6.3 The following paragraphs explain the process which You will need to go through to place an Order and how the Contract for the sale of Goods between us will be formed. This section also explains important information about payment and delivery.

Step 1 – Choosing your Goods

You can select a product for purchase by clicking on the item which You are interested in and then clicking on “Add to Basket”.

Step 2 –Reviewing Your Basket

You can review the Goods which You have added to Your basket. You can change the contents of Your basket by amending the number of Goods You want to order (which may be subject to a maximum number of items, per size from time to time), removing any unwanted items by clicking ‘Remove’ and viewing the basket total value. You can also enter any voucher code which You may have. Entering a valid voucher code and clicking ‘Apply’ will update the basket total. You can then continue shopping and adding to Your basket if You wish or if You don’t want to buy anything else, go straight to the next step.

Step 3 – Going to Checkout

Once You have finished shopping, You will then be asked to choose Your delivery options. Once You have done this, You should select ‘Proceed to Secure Checkout’.

Step 4 – Completing Your Billing & Delivery Address

If You are an existing Customer and You have already logged in, the billing address details You can choose to have Your previously entered details to appear. If You are not logged in, or if this is Your first visit, You will be asked to enter Your billing address. You will then be asked to enter Your delivery address. You have the option of selecting the same address as Your billing address. You then have the option to review Your delivery option at this point. You must provide us with the correct address details. We will not be liable for any delay to or failure of delivery as a result of Your failure to provide accurate address details. If You are happy that You have entered Your details correctly, You can proceed by clicking on ‘Continue Securely’.

Step 5 – Entering Your Payment Details

You will then need to enter Your payment details. Please check this information very carefully. If You are logged in as an existing customer and you have previously saved Your payment details, they will appear here. If you want to check Your Order, Your Order summary page will be in the right-hand corner. This includes details of the Goods in Your Order. You should check the details at this stage very

carefully as this is the final stage in the Order process at which You can correct any mistakes or change the Goods which You want to Order. You can do this by returning to the home page and completing the process set out above again. If You are happy with Your Order, click ‘Continue Securely’.

Step 6 – Placing Your Order

By clicking on ‘Continue’, You are confirming that You have read, understood and accepted these Terms. At this point, Your details will be submitted to Us.

Step 7 – Order Acknowledgement

Once We have received confirmation that Your payment has been authorised, a screen will appear, thanking You for Your Order. You will be given an Order reference and an e-mail will be sent to You to acknowledge Your Order. It will confirm the Goods, price and any delivery charge. Print a copy of the Order acknowledgement and e-mail and keep them for Your records. Please note, Our acceptance of Your Order (regardless of the content of any emails we send you) will only take place on despatch of Your Order.

6.4 We may refuse Your Order or cancel Your Order if we decide it is reasonable to do so which may include circumstances where:

6.4.1 We are unable to obtain authorised payment or the payment process is incomplete; or

6.4.2 We identify a product or pricing error on the Website; or

6.4.3 You fail to meet any criteria for eligibility of purchase which We may impose from time to time; or

6.4.4 We suspect that Your Order is related to fraudulent activity; or

6.4.5 You fail to submit all necessary and relevant details to allow Us to fulfil the Order; or

6.4.6 Goods are unavailable or out of stock.

6.5 We may contact You by telephone or email to verify details before We are able to process and despatch Your Order or We may be unable to accept it. For example, We may do this if Your Order is of particularly high value.

6.6 The Goods shown for sale on this Website are intended for private, consumer use and You must not resell Goods or offer them as a commercial enterprise. We reserve the right to limit the total value of Goods which can be included in an Order. If the total value of Goods in Your bag exceeds the limit which We may choose from time to time, then We will contact You.

7. PRICE AND PAYMENT

7.1 Prices and delivery charges are as published on the Website when We accept Your Order. Prices are in Rands (ZAR). Delivery charges are shown separately. All applicable delivery charges are as stated on the Website at the time You place Your Order. The delivery charge for the Order is shown on

the shopping basket page below Your chosen items. This means that if You order more than one item, there is no delivery charge for the additional items.

7.2 We may amend prices at any time. Where there is a difference between a price at the time the Order is made and when we ship Your Order, We will inform You by email or telephone and ask You if You wish to proceed. If you decline and for any reason payment has already been taken, it will be re-credited to Your credit or debit account.

7.3 Offers and promotions on the Website are subject to availability and We may change or withdraw them at any time and without notice. Nothing shall oblige us to maintain offers or promotions for any period. Additional terms may apply, details of which will be displayed.

7.4 We must receive payment for the Goods in full before they are despatched.

7.5 We accept payment via most major credit and debit cards including Visa and Mastercard. You must only use a card if You are the named cardholder. By placing an Order, You confirm that You are the authorised cardholder. All credit and charge cardholders are subject to validation and security checks as well as authorisation by the card issuer and any additional terms imposed by the issuer. If the issuer does not authorise payment, We will not accept Your Order and will not be liable for any delay or non-delivery.

7.6 Your card provider may charge You for using Your card on our Website. Please check the terms and conditions with Your card provider carefully and in advance of submitting Your payment details.

7.7 If We do not have sufficient stock of Goods, We will notify You by e-mail or telephone and Your credit or debit card transaction will be cancelled or refunded. We will do this as soon as possible and by no later than 30 (thirty) days from the due delivery date. We will not be responsible for any compensation if Goods which You order are not available for any reason.

7.8 We will validate the names, addresses and other details supplied by You against commercially available records (including Electoral Roll data and credit reference services). We may also use third parties to do this. Information which You provide to Us may be disclosed to a registered credit reference agency which may keep a record of the information. By ordering from Us You agree to such checks. Please refer also to Our Privacy Policy. These measures are taken to protect You, to ensure Your shopping experience with Us is as secure as possible.

8. SHIPPING & RETURNS

We have a standard shipping fee of R100. Items are shipped within 48hrs of confirmation of funds in our bank account. Shipping details will be confirmed by email

Returns are also Free in South Africa if WE have shipped you the incorrect item, size, style.

For returns for reasons other than that we have a standardized nationwide return fee of R100. Goods should be unworn and in the same condition/packaging.

If You Change Your Mind

8.1 You have a legal right to cancel the Contract (subject to certain exceptions set out below) for any reason at any time within 14 (fourteen) days of the day after You receive the Goods e.g. the last item of your order. This is the legal “cancellation period”.

8.2 If you simply want to exchange the Goods you have ordered, you must do so within 10 (ten) days of the day after You receive the Goods.

8.3 To cancel, you must tell us that you want to do so (you can do so by e-mail or by telephone). You must keep the goods in the same condition that they are delivered to you with their original packaging and tags attached. Send the items you wish to return back to Us as soon as possible (at your own risk and own cost if any) but You must do so within 14(fourteen) days of the day after you receive the Goods. Please keep evidence of having given notice of cancellation, such as an e-mail or postage receipt. If the nature of the goods means you cannot return them by post, you will be responsible for the cost of couriering the items to us. Our office contact details are: www.lutostore.co.za Email: info@lutostore.co.za

And our returns address is: LUTO Store (Pty) Ltd, 215 Bosbok Street, Kwaggasrand, Pretoria, 0183

8.4 We will refund the money due to You as soon as possible but by no later than 30 (thirty) days from the day on which You tell Us that You wish to cancel IF the cancellation is due to our error. In the event that cancellation is because of a change in mind by You and notification of Your intention to cancel is sent to Us within 14 (fourteen) days of the day you receive Your goods the legal “cancellation period” ( see Clause 8.1 above). we will refund you the value of Your purchase, however, we will NOT refund Your delivery charge. IF You have changed Your mind about Your Order, You will be responsible for the cost of returning the Goods to Us. Please note though that if you want to return only some items but keep the rest of Your Order, You may not be entitled to any refund of the delivery charge. If You cancel the Contract but only inform Us that You wish to do so after the fourteen-day cancellation period, then We won’t refund the delivery charge. In any event,

If Things Go Wrong

8.5 We warrant that the Goods which we supply are of satisfactory quality and are fit for the purpose for which Goods of that nature are commonly supplied.

8.6 If You return Goods to Us for a reason other than if You change Your mind, We will inspect the Goods and either replace them or refund the full purchase price for Goods if we accept that there is a manufacturing defect or other fault in the Goods. This is subject to You returning the Goods to Us within a reasonable period, unworn and in the same condition as they were delivered to You.

8.7 We will replace the Goods or refund You provided that the defect or fault is not caused by usual wear and tear, damage caused deliberately or accidentally, Your negligence or if You fail to follow product instructions or if the Goods have been misused, altered or repaired without Our approval. Any refund will include any delivery charges which You have paid and Your cost of returning the Goods to Us. If We do not find any fault or defect then Your cancellation and refund rights are limited to those set out in Clauses 8.1 to 8.4 above although this does not affect your statutory rights. Subject to Clause 8.8 below, the remedy in this Clause 8.7 represents our entire liability to You for any claim in respect of the Goods which the law provides, in so far as We are permitted to limit Our liability to You

8.8 If You believe that Goods have a defect then You should not make any further use of them before returning them to Us. Nothing in these Terms shall affect Your statutory rights. These are Your rights granted by law and which cannot be changed by Us.

8.9 If You wish to return Goods in accordance with Clause 8.8 You may either:

8.9.1 return the Goods to Us in an unused, reasonable condition to the returns address in Clause 8.3; OR

8.9.2 if you have paid using a credit or debit card you can return the Goods in a reasonable condition to the returns address together with the despatch or delivery note as proof of purchase.

8.10 We will aim to process Your refund or replace the Goods as soon as possible but will do so within 30 (thirty) days of Us physically receiving the Goods from You. If you have paid using a credit or debit card and if You choose to return Goods to our returns address, any refund or replacement due may be made at that time except that any delivery charge refunds which are due could be processed separately. Please contact Us at info@lutostore.co.za for delivery charge refunds. However, We reserve the right to send any Goods which You claim are faulty to Our inspections team.

8.11 Finally, whenever You return Goods to Us either because You believe they are faulty or because You change Your mind, We ask that Goods are returned to Us, either by recorded delivery or courier (of which the cost and risk must be covered by You) so that You have proof of posting. We will not be responsible for Goods which are lost or damaged in the post.

9. OUR LIABILITY

9.1 NOTHING IN THE CONTRACT OR ELSEWHERE WILL EXCLUDE OR LIMIT OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR ANY LIABILITY FOR FRAUDULENT MISREPRESENTATION OR FRAUD OR LIABILITY WHICH WE ARE RESPONSIBLE FOR IN RELATION TO CONSUMER PROTECTION RIGHTS OR FOR ANY OTHER MATTERS

WHICH IT WOULD BE ILLEGAL FOR US TO EXCLUDE. YOUR STATUTORY RIGHTS ARE NOT AFFECTED.

9.2 TO THE EXTENT THAT WE ARE LIABLE TO YOU IN RESPECT OF BREACH OF CONTRACT, FOR NEGLIGENCE OR FOR ANY OTHER LIABILITY IN RELATION TO THE GOODS OR THIS CONTRACT OR OTHERWISE, OUR TOTAL LIABILITY TO YOU WILL BE LIMITED TO THREE TIMES THE PRICE OF THE GOODS WHICH ARE THE SUBJECT OF THE LIABILITY, PAID BY YOU TO US AND ANY FORESEEABLE LOSSES AS A DIRECT CONSEQUENCE OF OUR BREACH.

9.3 UNLESS WE EXPLICITLY STATE ELSEWHERE, WE SHALL NOT BE RESPONSIBLE FOR ANY INDIRECT OR SPECIAL LOSSES WHICH HAPPEN AS A SIDE EFFECT OR CONSEQUENCE OF ANY MAIN LOSS OR DAMAGE OR FOR ANYTHING WHICH WE OR YOU COULD NOT REASONABLY ANTICIPATE. THIS INCLUDES BUT IS NOT LIMITED TO THE FOLLOWING, HOWEVER THEY ARISE:

9.3.1 LOST PROFITS;

9.3.2 LOSS OF INCOME OR REVENUE;

9.3.3 LOSS OF SAVINGS;

9.3.4 LOSS OF DATA;

9.3.5 LOSS OF USE OF MONEY

9.4 Some of the items which We offer for sale are fashion items and may not be suitable for sports or other activities. You should therefore satisfy yourself that items are suitable for the type of sports activity that You wish to use them for.

10. DELIVERY

10.1 We aim to deliver the Goods within the indicative timescales shown on Our Website. References to “working day” shall mean any day of the week excluding Sundays and Public Holidays. However, time is not of the essence for delivery or performance which means that We will not be responsible if Goods are delivered outside those times and We will not be liable for the consequences of any delay. If We are unable to deliver the Goods within the indicated timescale, We shall use reasonable efforts to tell You this by e-mail and give an amended delivery time. Our liability to You is capped at the limits set out in Clause 9.2 above.

10.2 If Goods are out of stock then We will let you know by e-mail If You Order more than one product, We do not guarantee that all Goods will be delivered to You in one delivery and We reserve the right to deliver in multiple consignments.

10.3 Ownership of the Goods will only pass to You upon despatch of the Goods. The Goods will be at Your risk from the time of delivery and You should therefore take reasonable care of them.

10.4 If the Goods or quantity which You receive are not as You ordered due to Our error then You should inform Us by telephone, email or letter using the contact details set out at Clause 8.3, as soon as possible after You receive the Goods and become aware of the error. We will make good any error. We will also reimburse to You any delivery costs which You incur in sending the incorrect Goods back to Us. However, we ask You to contact Us in advance to arrange Your return. Any Goods which You receive in error and intend to return should not be used by You.

10.5 Goods will be delivered to the address which You provide in the Order process however delivery practices may vary depending on which carrier is delivering the Goods. You must provide a valid address for delivery. The delivery method which We use may vary depending on the nature and number of the Goods. We shall select what We think is the most appropriate delivery method for the Goods. For further information on deliveries please see Delivery Info.

10.6 We reserve the right to make alternative arrangements for delivery, which will depend upon the carrier We use to deliver the Goods. This may include leaving the Goods with a neighbour or in a safe place in or around Your property.

Delivery Restrictions

10.7 As a result of various international carrier restrictions, certain products We sell are not eligible for international delivery. This will either be detailed in the item product description, at the checkout stage when You add such items to Your basket or, in limited circumstances, We may have to cancel Your Order and issue You with a full refund.

11. OUR RIGHTS IN THE GOODS

All ownership rights known as intellectual property rights in the Goods including all designs, trademarks, brand names, images and logos are and shall remain Our property or those of Our licensors. At no time shall any rights, title or interest in the intellectual property rights pass to You.

12. GENERAL

12.1 We will not be in any way responsible to You for a failure to sell Goods which You wish to buy or otherwise for a failure to comply with Our obligations under the Contract or any costs or liabilities which You incur as a result of any circumstances beyond Our reasonable control including but not limited to any act of God, flood, fire, trade dispute, lack of third party materials or services or terrorist acts.

12.2 The Contract between You and Us is binding. You may not transfer or assign Your rights or obligations to another person without Our express agreement. We may transfer or assign Our rights and obligations under the Contract or appoint third parties to assist Us in performing Our obligations at any time provided that this will not reduce Our obligations to You.

12.3 If any clause of this Contract is found in any way to be void by a Court or other competent authority then all other clauses of the

12.4 If either We or You do not at any time act on any rights which we have under this Contract then it will not affect the rights of either of us to enforce any rights at a later stage. If either of us chooses not to rely on a right which we have, it will not affect any other rights which either of us has.

12.5 This Contract is subject to South African law and both We and You agree that any dispute arising under or connected to it will be decided by the South African courts.

12.6 We may amend these Terms at any time and without notice to You. Any change will take effect immediately after being posted on the Website and will be deemed to be accepted by any person who uses the Website. Where You have already placed an Order which We have accepted, the Contract will remain subject to the version of the Terms which were in place at the time at which You placed Your Order.

12.7 Nothing in these Terms seeks to exclude or limit any rights available under applicable law which cannot be excluded or limited. This means that these Terms will not change any rights which the law grants to You which that law does not allow Us to change or limit.

12.8 Any notice You send to Us will be deemed delivered as follows, depending on how You send it:

12.8.1 on the day on which it is left if You deliver the notice by hand; or

12.8.2 on the day on which it was posted if You post the notice as shown on proof of postage; or

12.8.3 on the day on which it is sent correctly if by fax or email; and in each case, it should be sent to the address set out at Clause 8.3.

12.9 A person who is not a party to this Contract shall have no right under the Contracts (Rights of Third Parties) Act to enforce any term of it which means that only We and You have rights under it. This does not affect any right or remedy of any person which exists or is available otherwise than under that Act.

12.10 The Contract is the entire agreement and understanding between Us in respect of its subject matter and will supersede and replace any prior agreements, understandings or arrangements whether written or verbal. We each acknowledge that in entering into the Contract neither of us has relied on any representation or promise given by the other or implied from anything said or written other than as specifically set out in the Contract or on the Website. If you are uncertain as to your rights under the Contract or you want any explanation about them please write to or email our customer services department, at the address set out above.

12.11 We have a procedure for investigating complaints and for dealing with queries about Our Website. Please contact: Email: info@lutostore.co.za