This website is operated by SHADE, an on-line rental service provider of authentic designer sunglasses. SHADE is not owned by or affiliated with the brands it sells unless stated otherwise. All trademarks and brand names shown on our pages are the property of their respective companies which retain all rights.
Throughout the site, the terms “we”, “us” and “our” refer to SHADE, who offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service.
GENERAL TERMS & CONDITIONS
Items are second hand in nature and as such may be subject to minor wear and tear.
Items will not be shipped without full payment being received into the SHADE bank account.
Prices are charged in South African Rands (ZAR) and all prices advertised are fixed and non-negotiable.
You (The Purchaser) agree to order/book these item/s from our sites and as a result agree to the SHADE terms and conditions of sale.
You understand and have read the item/s description and understand that SHADE is an on-line rental service provider for the rental of pre-owned sunglasses unless otherwise stated as new.
These terms supersede any buyer’s terms and conditions.All orders/bookings must be paid for before delivery, in full.
Any outstanding balance must be paid prior to delivery. Delivery cannot be made until any outstanding balance has been paid.
If payment of the balance is not by immediate bank clearance, then sufficient time for the payment to clear prior to arranging delivery will need to be allowed.
All orders/bookings are solely for delivery only inside The Republic of South Africa./p>
You (the Purchaser) indemnify SHADE against any third party (courier) delays.
All delivery times quoted are approximate and subject to change prior to delivery. If for any reason, delivery is delayed we do not accept liability for any consequential loss but we will arrange a new date for delivery as soon as possible.
All deliveries must be signed for and checked by you (the Purchaser). Any claim regarding missing packages or damaged items must be made within 24 hours of receipt of goods, by telephone, followed by a written confirmation.
Inspection of the packaging must be done and should damage to the packaging be visible a note must be made on the delivery note/waybill. Photographs must be taken of any damaged products on delivery.Risk shall pass to you (the Purchaser) on delivery.
The ‘Purchaser’ is the entity actioning/completing the purchase/check-out process, as stipulated within the details captured for this booking.
The ‘Lessor’ is the entity offering the service, that is, SHADE.
By clicking ‘accept’ upon check-out, the Purchaser confirms, acknowledges and accepts the following: That they have read, understood and accepted in full all policies, terms and conditions as stipulated at the mother-site www.shade-switchitup.co.za.
That they have read, understood and accepted in full all terms and conditions stipulated hereunder.The Lessor reserves the right to change the prices stipulated for rental items displayed on this site from time to time without prior notice.
The invoiced amount for this booking is to be settled in full including applicable delivery fees and security deposits prior to this order being dispatched.
The payment method used for all transactions shall be on-line payment via a third party payment gateway on the mother site. link within an invoice sent directly to the Purchaser upon completion of the check-out on-line. The payment in question, shall be for the entire value of the booking and shall in addition include the applicable flat rate delivery fee, and applicable security deposit in the total purchase value reflected upon check-out. From time to time, and where the Purchaser elects to do so, a payment link may be issued directly by SHADE (the Lessor) or via a third party payment gateway service provider, to the Purchaser via e-mail or WhatsApp in accordance with the e-mail address and contact number provided for the booking.
By using the general coupon “payviapaymentlink”, this booking shall be settled via an e-mail or WhatsApp generated invoice containing an online payment link, and sent directly from SHADE (the Lessor) or its third party payment gateway provider, to the Purchaser, for payment in respect of this purchase. The utilisation of this coupon is for the purpose of generating an invoice with payment link “off-line” i.e. not on this platform, which does not constitute in any way, imply or expressly stipulate that this purchase/booking is free of charge or discounted by any means.
A security deposit as stipulated at check-out shall be charged on applicable the separate invoice generated per bookings, based on the specific item booked and shall generally range between ZAR 1000.00 and ZAR 1300.00.
A flat rate delivery fee shall be charged on all bookings and purchases of merchandise the separate invoice generated and based on the delivery location stipulated within the order details, and shall generally range between ZAR 90.00 for merchandize purchases and ZAR 150.00 for rental bookings.
Delivery information provided is accurate and correct. To this end, the Purchaser I indemnifies SHADE (the Lessor) in full in the event that there is an error or discrepancy in the details provided.
Delivery shall take place solely at the address provided at check-out, and the default address for collection upon the completion of the rental period, shall be at said address, unless stipulated and notified otherwise in writing by the Purchaser to SHADE (the Lessor) prior to the scheduled collection date for the item.
No deliveries or collections shall take place on Saturdays, Sundays and South African Public Holidays.
The Purchaser shall ensure the reasonable safekeeping and protection of the rental item during the tenure of the rental period, until such time as the item is collected for return to SHADE (the Lessor).
Late fees for delays in return of rental items may be levied where, due to the actions of the Purchaser, collection of the rental item on the date stipulated as the end of the rental period is not possible.
Any damage, loss or theft which occurs as a result of, or by extension, during this rental transaction, shall be off-set against the security deposit paid by the Purchaser, in part or in full depending on the nature of the loss/damage. The Purchaser further grants SHADE (the Lessor) permission to recovery any additional funds from them, in full settlement of the retail value of the item in ZAR, where the rental item is damaged beyond repair, lost, or subject to theft. To this end, the Lessor reserves the right, at their sole discretion, to charge the Purchaser the replacement fees in full settlement of the retail value of the rental item, for any rental item which is (i) not returned within 3 (three) calendar days of the end of the Hire Period; or (ii) damaged or altered in any way, for any reason whatsoever, whether due to the Purchaser’s own fault or another’s; (iii) lost due to the Purchaser’s own fault or another’s. The retail value of item shall be determined in terms of the Terms of Service stipulated on this site, however, this determination shall be undertaken reasonably.
The purchaser authorises SHADE (the Lessor), to debit the card used to make payment in the original purchase, for the damaged, lost or stolen rental item. These costs levied may include but is not limited any replacement fees, any late fees or any further administration fees which were reasonably incurred by the Lessor in their resolution of this matter. To this end, any replacement fees, late fees or administrative fees paid by the Purchaser in terms of the Terms of Service, are in addition to any rental fees or subscription fees.
In the event that the Purchaser fails to return a rental item within the stipulated time period in accordance with the Terms of Service, but have paid all applicable replacement fees, late fees and administrative fees, this does not automatically result in ownership of the item transferring to the Purchaser.
At times, rental items may not be available for the dates selected by the Purchaser. In such instances, whether the purchase relates to a once off rental or a rental by means of subscription package, the Lessor makes no warranties or guarantees that the item which is listed on the mother-site is available as required by the Purchaser. To this end the Purchaser indemnifies SHADE (the Lessor) against any loss which may be sustained as a result hereof.
There may be instances where rental item availability is out of the control of the Lessor and as a result rental items may become unavailable at short notice, one such example is when there are delays in returns from previous Clients or rental items have been damaged or not returned. In such instances, the Lessor shall endeavour to give the Purchaser as much notice as possible under the circumstances, such that the Purchaser is able to make alternative arrangements and the Lessor shall provide a full refund of the rental costs paid by the Purchaser, in instances where the Lessor cannot fulfil a booking in line with the original dates selected by the Purchaser and the Purchaser further hereto, is not able to select alternative dates to fulfil their rental.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country, state or province of residence, or that you are the age of majority in your country, state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site or on our social media pages are not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of these sites at any time, but we have no obligation to update any information on our sites. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products and services are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the colors, prints and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any purchase/order/booking you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. 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 and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. 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. For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We 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). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site 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, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the 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.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you 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 we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We 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. We may, but have no obligation to, monitor, edit or remove content that we 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. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree 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 Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. Kindly ensure you view our Privacy Policy at our website.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are 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 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 Service 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 Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall , 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.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless SHADE; 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 of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service 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 of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
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 effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we 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 Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of The Republic of Southern Africa.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@shade-switchitup.co.za.
