Terms and Conditions

Terms of Use for Ask Me to Shop

  1. GENERAL
    1. By visiting our Site and /or purchasing any Goods from us, the User shall be bound by the following terms and conditions, including those additional terms and conditions and policies contained herein (Terms of Use) and by agreeing to the aforementioned, the User represents the User is the age of majority to use this Site, as defined below.
    1. When the User access or uses this Site, the User indicates its unconditional acceptance of these Terms of Use. Ask me to Shop reserves the right, in its sole discretion, to amend these Terms of Use.
    1. The User may not use our Goods for any illegal or unauthorised purpose nor may the User contravene any laws in the use of our Goods.
    1. Should there be any amendments to the Terms of Use and the User continues engaging the Site, such continued engagement constitutes acceptance to those amendments.
    1. Once a purchase is made on the Site, the User enters into a binding agreement which is governed by the Terms of Use.
    1. This Site, including but not limited to any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on and/or incorporated in this Site, is owned and operated by Ask Me to Shop. The User shall not be entitled to acquire any right, title in and/or to the Site or the Site’s content.
  2. DEFINITIONS AND INTERPRETATIONS

Unless inconsistent with the context, specifically defined in the clauses below or already defined above, capitalised terms and words and expressions in this Terms of Use shall have the following meanings

  • Defintions

“Ask Me to Shop” shall mean ___________-

“Goods” shall mean any item as displayed on the Site and the User wants to purchase.

“Lay-by” shall mean the offering of a platform where we reserve goods in your name which you shall pay for the goods over a period of time, such period shall not exceed 3 (three) calendar months and a 30 (thirty) % deposit is required on all Goods. Once the Goods have been paid in full, delivery of such Goods shall be arranged with yourself.

“Site” shall mean access to the website www.askmetoshop.com and any related mobi-sites and/or software applications and shall include Facebook and Instagram. The terms “we”, “us” and “our” refer to Ask me to Shop”.

“User” shall mean any person/entity accessing the Site.

  • Interpretation

In this Term of Use:

  1. the headings are for convenience only and shall not be construed as having any substantial significance and shall not affect the interpretation of any provision of this Terms of Use;
    1. a reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it;
    1. a reference to this Terms of Use includes any amendment to it;
    1. the words “include” and “including” are to be construed without limitation;
    1. a reference to a time of day is South African time;
    1. a reference to a “day” means a calendar day.
    1. reference to a “year” means a calendar year under the Gregorian calendar
  • GOODS AND PRICING
    • All Goods displayed on the Site are subject to availability. Should Goods not be available on order, Ask me to Shop shall notify the User as soon as reasonably possible.
    • Prices of Goods are displayed on the Site, and includes tax where such is required by legislation. Prices displayed are subject to change without notice.
    • Goods are only available for delivery in South Africa.
    • Once payment method is selected, you will be directed to a secure online platform for payment of the Goods.
  • PAYMENT OPTIONS.
    • Payment of Goods can be made via credit card, electronic fund transfer and Lay-by.
    • The User warrants that it is fully authorized to use such credit card or debit card when paying for Goods. The User also warrants that such credit card has sufficient funds to cover all costs, including delivery fees, when purchasing Goods.
  • OWNERSHIP AND RISK

The moment the Goods are delivered or collected by you or your authorized person, risk in and to that Goods will pass to you.

  • DELIVERY, COLLECTION AND RETURN
    • We charge a delivery fee for every order you place which is delivered via our courier service.
    • Delivery fee may be varied, depending on the weight of the Goods purchased.
    • Collection can be arranged once the Goods have been paid for in full, such collection shall be arranged with Ask me To Shop prior to collection.
    • Once your order has been processed, we will ensure delivery is done within a reasonable time, but no later than 4 (four) business days of receipt of your payment. We will notify you if we are unable to deliver the Goods to you in the time period indicate above. The User shall then 24 (twenty-four) hours in which to elect to cancel such order for the Goods. Should you wish to elect to cancel such an order, we will reimburse you the full purchase price of said Goods.
    • Once the Goods are collected or delivered the onus is on you to check that the items are free of any defects. In the event the Goods are damaged, please notify us immediately in order for us to be aware of any issues with the Goods so that we can make the necessary arrangements for the Goods to be returned to us and that we can replace the Goods or refund you the purchase price of said Goods.
    • In the event incorrect delivery details are provided to us, we cannot accept responsibility for incorrect delivery details provided to us.
    • In the event an unauthorised person accepts delivery at the address given to us by you, we cannot accept responsibility of incorrect delivery details as we do not identify the person at the delivery address who signs the delivery note.
    • In the event we receive 2 (two) failed delivery notifications via our courier services for your Goods at your chosen delivery address, your Goods shall be returned to us and the purchase of said Goods shall be reversed after the cost of the second delivery has been deducted.
    • In the event you are not satisfied with any of the Good/s purchased on our Site, you may return for refund, credit or exchange unused Goods in a reasonable condition within 7 (seven) calendar days, to us in accordance with clause 11, subject to producing proof of purchase.
    • No returns accepted on Sale items
  • WARRANTY ON GOODS
    • Where Goods has a supplier warranty that extends the warranty indicated in clause 7.1 above, such Goods can be returned to us within the extended supplier warranty period after delivery of the Goods. Please note that the supplier warranty is always subject to its terms and conditions of such supplier or manufacturer. Furthermore, it is your responsibility to enquire and make yourself aware of the aforementioned terms and conditions.
  • DISCLAIMER, INDEMNIFICATION, LIMITATION AND LIABILITY
    • The use of this Site is entirely at your own risk and you accept all responsibility for any risk or loss suffered as a result of using this Site or relying on any information obtained from this Site.
    • Ask me to Shop takes all reasonable steps to ensure that the content of the Site is accurate and complete, we make no representations and warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Site or ad to the accuracy, completeness or reliability of any information on the Site. 
    • Ask me to Shop shall not be held liable for any loss suffered, whether directly or indirectly from the use of this Site
    • User agrees to indemnify, defend and hold harmless Ask me to Shop and our 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 of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
  • 9.    DOMICILIA AND NOTICES
    • Ask me to Shop hereby choose domicilium citandi et executandi for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from this Terms of Use at its respective addresses set forth hereunder:

_____________________________________________________________

  • Any notice given and any payment made by a party to the other which:
    • is delivered by hand during the normal Business hours of the addressee at its domicilium for the time being shall be presumed, unless the contrary is proved by the addressee, to have been received by the addressee at the time of delivery;
    • is posted by prepaid registered post from an address within the Republic of South Africa to the addressee at its domicilium for the time being shall be presumed, unless the contrary is proved by the addressee, to have been received by the addressee on the seventh day after the date of posting.
    • Where, in terms of this agreement any communication is required to be in writing, the term “writing” shall include communications by telefax or email.  Communications by telefax or email shall, unless the contrary is proved by the addressee, be deemed to have been received by the addressee 24 (twenty four) hours after the time of transmission.
  • GOVERNING LAW

This Terms of Use shall be governed by and interpreted according to the laws of the Republic of South Africa.

  1. 11.  ARBITRATION
    1. 11.1.               Any dispute, question or difference arising at any time between Ask me to Shop and the User (hereinafter referred to as “Parties”) to this Terms of Use out of or in regard to any matters arising out of, or the rights and duties of any of the Parties hereto, or the interpretation of, or the termination of, or any matter arising out of the termination of, or the rectification of this Terms of Use, this Terms of Use shall in the first instance be submitted to and decided by mediation on notice given by either party to the other of them in terms of this clause.
    1. 11.2.               Such mediation shall be held in the city of the Regional Court having jurisdiction in respect of the domicilium citandi et executandi chosen by Ask me to Shop in terms of Clause 11, as the case may be, it being the agreed intention that, if possible, the mediation shall be held and concluded within 14 (fourteen) business days after it has been demanded.
    1. 11.3.               In the event of the mediation not resolving the dispute within the time period referred to in clause 11.2 above, and the Parties not agreeing on an extended period for the conclusion of the mediation, then and in any such event each party hereto shall be entitled to refer the matter to arbitration, which arbitration shall be conducted in accordance with the then current rules of the Arbitration Foundation of Southern Africa in the same city as that referred to in respect of the mediation in terms of clause 11.2.
    1. This clause shall constitute each party’s irrevocable consent to the arbitration proceedings, and no party shall be entitled to withdraw therefrom or to claim at such arbitration proceedings that it is not bound by this clause.
    1. Each of the Parties hereby irrevocably agrees that the decision of the Arbitrator in the arbitration proceedings –
      1. shall be final and binding on each of them;  and
      1. will be carried into effect;  and
      1. can be made an order of any court to whose jurisdiction the parties are subject.
    1. The provisions of this clause 11 shall not be construed to limit the right of either of the parties to proceed against the other party in any court of competent jurisdiction for the purpose of obtaining urgent or interdictory relief.
    1. This clause 11 shall be severable from the remaining provisions of this Terms of Use and shall continue to be of application, notwithstanding the cancellation or purported cancellation of this Terms of Use.