Terms of service

Welcome and thank you for using our eCommerce website (“Lookstock Online Store” or “Online Store”). Lookstock Online Store is an eCommerce website selling shapewear and other underwear accessories.

1. Definitions:
The words and/or phrases used in these Terms of Use, of the Lookstock Online Store or Online Store will have the following definitions:
1.1 “Additional Agreements” means collective reference to all related agreements, documents, registration forms, service agreement, rules and Service Level Agreements in this document and such other rules and policies of the Online Store. Any contradiction between the Additional Agreements and these Terms, these Terms will prevail;

1.2 “Lookstock Online Store” or “Online Store” means the e-commerce website named Lookstock Online Store and the Products or Services it offers to Users;

1.3 “Customer” means an approved and registered client on the Online Store;

1.4 “Intellectual Property” means any images, text, sound, videos, directories, files, databases or listings and any other content produced by Lookstock(Pty) Ltd and used on the Lookstock Online Store.

1.5 “Privacy Policy” means the policy regulating privacy for the Use of the Lookstock Online Store and the Service, and can be accessed at www.lookstock.co.za/privacypolicy;

1.6 “Products and/or Products or Services” mean Lookstock Online Store, the Online Store and the shapewear and related underwear accessories products and any other Products or Services we offer;

1.7 “Terms” mean these Terms and Conditions of Use of the Online Store, which govern your access to and use of the Products or Services. The Terms of Use help ensure that our Products or Services work smoothly for the Supplier, Customer and all other users;

1.8 “Users” mean Customers, Suppliers, Collaboration Partners, representatives thereof and other users (also referred to as “you” or “your”, as the context allows) who are contributors of content, information, and other materials or Products or Services, registered or otherwise;

1.9 “Materials” means all of the material, images, concepts, base products, data and information.


2. Application and Acceptance of the Terms
2.1 The Terms are a legally binding agreement between you as the User (as published from time to time) and Lookstock(Pty) Ltd (also referred to “we” as the context allows), so please read them carefully before purchasing Products or using the Products or Services.

2.2 By accessing the Lookstock Online Store, purchasing the Products or using the Services, you agree to accept and be bound by the Terms. Please do not use the Lookstock Online Store if you do not accept all of the Terms and Additional Agreements.

2.3 You may not purchase the Products or use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Lookstock Online Store, or (b) you are not permitted to receive any Products or Services under the laws of South Africa or other countries / regions including the country / region in which you are resident or from which you use the Products or Services.

2.4 You acknowledge and agree that Lookstock Online Store may amend any Terms at any time by posting the relevant amended and restated Terms on the Online Store. By continuing to use the Products or Services or the Online Store, you agree that the amended Terms will apply to you.

2.5 You will be required to enter into an Additional Agreement, whether online or offline, with Lookstock Online Store or other Users. If there is any conflict or inconsistency between these Terms and the Additional Agreement will take precedence over the Terms only in relation to that Service concerned.

2.6 The Terms may not otherwise be modified except in writing by an authorised director of Lookstock (Pty) Ltd.


3. Provision of Products or Services
3.1 You must register as a Customer on the Online Store in order to complete Purchases and use some Services. Further, Lookstock Online Store reserves the right, without prior notice, to restrict access to or use of certain Products or Services (or any features within the Products or Services) to paying Users or subject to other conditions that Lookstock Online Store may impose in our discretion.

3.2 Lookstock Online Store may in our sole discretion limit, deny or create different level of access to and use of any Products or Services (or any features within the Products or Services) with respect to different Users.

3.3 Lookstock Online Store may launch, change, upgrade, impose conditions to, suspend, or stop any Products or Services (or any features within the Products or Services) with prior notice to a fee-based Service, such changes will not substantially adversely affect the paying Users in enjoying that Service.


4. Users Generally
4.1 You agree to use the Online Store, Products or Services solely for your own purposes. You agree that (a) you will not copy, reproduce, download, re-publish, sell, distribute or resell any intellectual property available on or through the Lookstock Online Store, and (b) you will not copy, reproduce, download, compile or otherwise use any content for the purposes of operating a business that competes with Lookstock Online Store.

4.2 Systematic retrieval of intellectual property from the Online Store to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Lookstock Online Store is prohibited. Use of any content or materials on the Online Store for any purpose not expressly permitted in the Terms is prohibited.

4.3 You must read Lookstock Online Store’s Privacy Policy which governs the protection and use of personal information about Users in the possession of Lookstock Online Store. You accept the terms of the Privacy Policy and agree to the use of the personal information about you in accordance with the Privacy Policy.

4.4 Lookstock Online Store may allow Users to access content, products or Products or Services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) or otherwise to such third parties' websites. You are cautioned to read such websites’ terms and conditions and/or privacy policies before using the Online Store. You acknowledge that Lookstock Online Store has no control over such third parties’ websites, does not monitor such websites, and will not be responsible or liable to anyone for such websites, or any content, Products or Services made available on such websites.

4.5 You agree not to undertake any action which may undermine the integrity of Lookstock Online Store’s feedback system, such as leaving positive feedback for yourself using secondary Customer IDs or through third parties or by leaving unsubstantiated negative feedback for another User.

4.6 By posting or displaying any information, content, trademarks or material (“User Content”) on the Online Store or providing any User Content to Lookstock Online Store or our representative(s), you grant an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable (through multiple tiers) license to Lookstock Online Store to display, transmit, distribute, reproduce, publish, duplicate, adapt, modify, translate, create derivative works, and otherwise use any or all of the User Content in any form, media, or technology now known or not currently known in any manner and for any purpose which may be beneficial to the operation of the Online Store, the provision of any Products or Services and/or the business of the User. You confirm and warrant to Lookstock Online Store that you have all the rights, power and authority necessary to grant the above license.


5. User Accounts
5.1 The User must be registered on the Online Store to access or use some Products or Services. Except with Lookstock Online Store’s approval, one User may only register one account on the Online Store. Lookstock Online Store may reject User’s application for registration for not meeting the necessary requirements or passed the necessary checks.

5.2 A set of User ID and password is unique to a single account. Each User will be solely responsible for maintaining the confidentiality and security of its User ID and password and for all activities that occur under your account. No User may share, assign, or permit the use of your account, ID or password by another person. The User agrees to notify Lookstock Online Store immediately if you become aware of any unauthorised use of your password or your account or any other breach of security of your account.

5.3 The User agrees that all activities that occur under your account will be deemed to have been authorised by the User.


6. User’s Responsibilities
6.1 Lookstock (Pty) Ltd will, in its sole discretion, accept or deny the Products or Services to a User.

6.2 As a Customer completing a transaction through the Online Store, you are agreeing to pay the amount charged to you by the applicable Products or Service.

6.3 Each Customer represents, warrants and agrees that (a) you have full power and authority to accept the Terms, to grant the license and authorisation and to perform the obligations hereunder; and (b) the postal/shipping address you provide when processing a transaction is your own address.

6.4 Each User represents, warrants and agrees that (a) such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Online Store, Products or Service is true, accurate, current and complete, and (b) you will maintain and promptly amend all information and material to keep it true, accurate, current and complete.

6.5 Upon becoming a User, you consent to the inclusion of the contact information about you in our database and authorise Lookstock Online Store to share the contact information with other Users or otherwise use your personal information in accordance with the Privacy Policy.

6.6 Each Customer further represents, warrants and agrees that you will/are:
a. conduct your business transactions with other users of the Online Store in good faith;
b. carry on your activities in accordance with the Terms and any applicable Additional Agreements;
c. not use the Products or Services or Online Store to defraud any person or entity (including without limitation sale of stolen items, use of stolen credit/debit cards);
d. not impersonate any person or entity, misrepresent yourself or your affiliation with any person or entity;
e. not engage in spamming or phishing;
f. not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence, give rise to civil liability, etc) or encourage or abet any unlawful activities;
g. not involve attempts to copy, reproduce, exploit or expropriate Lookstock Online Store’s various proprietary directories, databases and listings;
h. not involve any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
i. not involve any scheme to undermine the integrity of the data, systems or networks used by Lookstock Online Store and/or any user of the Online Store or gain unauthorised access to such data, systems or networks;
j. not, and your director(s), officer(s), controlling party/ies, affiliates and legal jurisdiction in which any of the foregoing persons or entities is organised or has operations are not, persons or entities that are subject to any economic or fraud sanctions of any governmental, international or regulatory entities; and
k. not engage in any activities that would otherwise create any liability for Lookstock Online Store.


6.7 The User provides consent to Lookstock (Pty) Ltd to confirm, enquire and lodge its information with any third party, credit authority or bureaux for authentication, credit checking, credit listings and credit scoring.
6.8 The Customer acknowledges and agrees that each Customer is solely responsible for observing applicable laws and regulations in its respective jurisdictions to ensure that all use of the Online Store and Products or Services are in compliance with the same.

7 Order and Payment
7.1 Description and price of goods
7.1.1 We have taken care to describe and show the Products as accurately as possible. Despite this, slight variations in the Products may occur.

7.1.2 Product images are for illustrative purposes only. Although we have made every effort to display colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the products. Your products may vary slightly from those images.

7.1.3 We make every effort to ensure that the pricing displayed on our Online Store is correct. However, if an error in the pricing of a Product is found we reserve the right to either cancel your order or contact you to arrange payment of any extra sum due or refund any over-payment made by you (as applicable). We reserve the right to alter all product pricing without notice.

7.1.4 All prices quoted include VAT (where applicable). We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price.

7.1.5 Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Online Store.


7.2 Placing an order
7.2.1 You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.
7.2.2 The contract is subject to your right of cancellation (see below).
7.2.3 Any order placed by you for goods advertised on our Online Store is an offer by you to purchase the goods selected in your order.
7.2.4 We may refuse at our discretion to accept an order: (a) where we cannot obtain authorisation for your payment; (b) if there has been a pricing or product description error; or (c) if you do not meet any eligibility criteria set out in our terms and conditions. (d) where goods ordered by you are not available; (e) if we do not deliver to your area;
7.2.5 Where we do not accept your order but have processed your payment, we will re-credit your account with any amount deducted by us from your debit or credit card as soon as possible, but in any event within 30 days of your order. We will not be obliged to pay any additional amount as compensation for disappointment.
7.2.6 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.

7.3 Payment
7.3.1 Payment can be made by any of the options advertised on our Online Store. Payment shall be due before delivery. If payment fails your order will be cancelled. There will be no delivery until clear funds have been received.
7.3.2 Payment online: Our secure server software encrypts all your payment card details. The process scrambles all the information, allowing no unauthorised third party to intercept the data. Your browser will confirm that you are shopping in a secure environment by showing either a locked padlock icon or an image of a padlock next to the payment details in the relevant area of the Online Store.
7.3.3 To ensure that your credit, debit or charge card is not being used without your consent, we will validate name, address and other personal information supplied by you during the order process against appropriate third party databases.


8 Delivery
8.1 The Lookstock Online Store uses trusted courier services to deliver the products within South Africa. Details on delivery options can be found in our Shipping Policy on the Online Store.
8.2 Lookstock Online Store also offers South Africa based Customers 14 days to return their products to Lookstock Online.


9 Return procedure to be followed
9.1 The Lookstock Online Store details on our return policy can be found in our Return Policy on the Online Store.
9.2 In the event of Lookstock Online Store having sent you an incorrect product, please follow the procedure as outlined in the Returns Policy.
9.3 Should you wish to return an item that is defective or faulty, please follow the procedure as outlined in this Returns.
9.4 Should you wish to return a non-defective product within 30-days of the date that it was delivered, please retain the product’s original packaging, with labels attached, and do not wear the product at all. Please follow the return steps as outlined in our Returns Policy.

10 Breaches by Customers
10.1 If any Customer breaches any Terms, or if Lookstock Online Store has reasonable grounds to believe that a Customer is in breach of any Terms, Lookstock Online Store will have the right to take such disciplinary actions as it deems appropriate, including without limitation: (i) suspending or terminating the Customer’s account and any and all accounts determined to be related to such account by Lookstock Online Store in its discretion; (ii) restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of buying Products or using any Service; (iii) removing any product listings or other User Content that the Customer has submitted, posted or displayed, or imposing restrictions on the number of product listings or User Content that the Customer may post or display; (iv) imposing other restrictions on the Customer’s use of any features or functions of any Service as Lookstock Online Store may consider appropriate in its sole discretion; and (v) any other corrective actions, discipline or penalties as Lookstock Online Store may deem necessary or appropriate in its sole discretion.
10.2 Lookstock Online Store may, at any time and in our reasonable discretion, impose limitations on, suspend or terminate the Customer’s use of any Service or the Online Store without being liable to the Customer if Lookstock Online Store has received notice that the User is in breach of any agreement or undertaking and such breach involves or is reasonably suspected of involving dishonest or fraudulent activities. Lookstock Online Store will have the right to publish the records of such breach on the Online Store. Lookstock Online Store will not be required to investigate such breach or request confirmation from the Customer.


11 Limitation of Liability
11.1 To the maximum extent permitted by law, the Products or Services provided by Lookstock Online Store on or through the Online Store are provided "as is", "as available" and “with all faults”, and Lookstock Online Store hereby expressly disclaims any and all warranties, express or implied, including but not limited to, any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, and undertakings are hereby excluded.
11.2 To the maximum extent permitted by law, Lookstock Online Store makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or current-ness of any information provided on or through the Online Store; Lookstock Online Store does not represent or warrant that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of Products or Services offered or displayed on the Online Store does not violate any third party rights; and Lookstock Online Store makes no representations or warranties of any kind concerning any Product or Service offered or displayed on the Online Store.
11.3 Each User hereby agrees to indemnify and save Lookstock Online Store, our affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such User's use of the Online Store or Products or Services (including but not limited to the display of such User's information on the Online Store) or from your breach of any of the terms and conditions of the Terms. Each User hereby further agrees to indemnify and save Lookstock Online Store, our affiliates, directors, officers and employees harmless, from any and all losses, damages, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User's breach of any representations and warranties made by User to Lookstock Online Store, including but not limited to those set forth hereunder.
11.4 Notwithstanding any of the foregoing provisions, the aggregate liability of Lookstock Online Store, our employees, agents, affiliates, representatives or anyone acting on our behalf with respect to each User for all claims arising from the use of the Online Store or Products or Services during any calendar year will be limited to the greater of (a) the amount of fees the User has paid to Lookstock Online Store or our affiliates during the calendar year and (b) the maximum amount permitted in the applicable law. All claims arising from the use of the Online Store or Products or Services must be filed within one (1) year from the date the cause of action arose or such longer period as prescribed under any applicable law governing these Terms.
11.5 The limitations and exclusions of liability to you under the Terms will apply to the maximum extent permitted by law and will apply whether or not Lookstock Online Store has been advised of or should have been aware of the possibility of any such losses arising.


12 Force Majeure Under no circumstances will Lookstock Online Store be held liable for any delay or failure or disruption of the content or Products or Services delivered through the Online Store resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.

13 Intellectual Property Rights (“IPR”)
13.1 Intellectual Property Rights definition stands.
13.2 Repeat violations of our IPR may result in a range of actions, including without limitation to account suspension.
13.3 Lookstock Online Store has the full discretion to take any process or enforcement action anytime for certain extreme / conspicuous situations, such as where litigation has already been initiated by intellectual property rights holder.
13.4 Lookstock Online Store and related icons and logos are trademarks, registered or unregistered of Lookstock (Pty) Ltd, in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorised copying, modification, use or publication of these marks is strictly prohibited.

14 Notices
14.1 All legal notices or demands to or upon Lookstock Online Store will be made in writing and sent to Lookstock Online Store personally, by courier, certified mail and dedicated email address to the contact details below. The notices will be effective when they are received by Lookstock Online Store in any of the aforementioned manner.
14.2 You agree that all agreements, notices, demands, disclosures and other communications that Lookstock Online Store sends to you electronically satisfy the legal requirement that such communication should be in writing.


15 General Provisions
15.1 Subject to any Additional Agreements, the Terms constitute the entire agreement between you and Lookstock Online Store with respect to and govern your use of the Online Store and Products or Services, superseding any prior written or oral agreements in relation to the same subject matter herein.
15.2 If any provision of the Terms is held to be invalid or unenforceable, such provision will be deleted and the remaining provisions will remain valid and be enforced.
15.3 Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
15.4 Lookstock Online Store’s failure to enforce any right or failure to act with respect to any breach by you under the Terms will not constitute a waiver of that right nor a waiver of Lookstock Online Store’s right to act with respect to subsequent or similar breaches.
15.5 Lookstock Online Store will have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of Lookstock Online Store). You may not assign, in whole or part, the Terms to any person or entity.
15.6 The Terms and additional Agreements will be governed by the laws of South Africa without regard to its conflict of law provisions and the parties to the Terms agree to submit to the exclusive jurisdiction of the courts of South Africa And specifically the High Court of South Africa, Gauteng Local Division, Johannesburg.


16 Disputes with LOOKSTOCK ONLINE STORE
16.1 You agree that all disputes between you and us (whether or not such dispute involves a third party) with regard to your relationship with us, including without limitation disputes related to these terms of use, additional agreements, your use of the products or services, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the arbitration federation of southern africa (“afsa”) rules for arbitration of consumer-related disputes and you and we hereby expressly waive. Discovery and rights to appeal in arbitration are generally more limited than in court proceedings, and other rights that you and we would have in court may not be available in arbitration.


17 Electronic Communications and Transactions Act 25 of 2002 (“ECTA”) and other:
17.1 For the purposes of the ECTA, Lookstock (Pty) Ltd’s information is as follows, which should be read in conjunction with its Service descriptions, Additional Agreements and other terms and conditions contained on the Online Store:
17.1.1 Full name: Lookstock (Pty) Ltd, a private company registered in South Africa with registration number [insert];

17.1.2 Main business: E-commerce online website;
17.1.3 Physical address for receipt of legal service (also postal and street address): Contact info@lookstock.co.za for details;

17.1.4 Office bearers: Contact info@lookstock.co.za for details;

17.1.5 Phone number: Contact info@lookstock.co.za for details;

17.1.6 Official email address: Contact info@lookstock.co.za for details.