Terms and Conditions

Terms and Conditions

Introduction

The Chaos Online shop can be accessed at www.chaosonline.co.za, related mobile sites and applications (“the site”). The site enables buyers to shop for items including corsets, latex trainers & accessories (“the products”) online and have them delivered door-to-door within South Africa. All visitors to the site (“users” or “you”) will be able to see the products on offer and will be able to buy.

Legally binding contract

All users and account holders, including those that buy from the site (“buyers”) are bound by these terms and conditions (“T&Cs”). By using this site, you recognize that you’ve read, accepted and agreed to be bound by these T&Cs. Should there be any clause in these T&Cs that you do not understand, the onus is on you to ask Chaos Online to please explain the relevant clause to you before you accept the T&Cs by using or buying from the site.

With whom are you entering into a contract?

The site is owned and run by Samantha Duncan t/a Chaos Online a sole proprietor (herein after referred to as “Chaos”).

Products and availability

Please note that all products available on the “Chaos” site are imported from overseas therefore due time needs to be given for stock to arrive. Orders will be processed within 4 days of being received. If it happens that “Chaos” is unable to fulfil any order at the advertised price because stock is sold out, “Chaos” will inform you via email and you’ll be entitled to a reimbursement for the rand value you have paid for such product. This is described in more detail in the Delivery and Returns Policy. Please note, the Chaos Online Delivery and Returns policy is incorporated by reference and therefore forms part of these T&Cs.

Buying products

  1. The site allows you, the user, to place electronic orders (“order”) for one or more products on offer as long as such products are available and not sold out.
  2. A purchasing contract (“sale”) between you and Chaos only comes into effect once you have fully completed AND submitted the online order form for one or more products in your shopping cart (“cart”) AND your payment has been authorised by Chaos (or has been received into Chaos’s bank account).
  3. The above is dependent on the product being available.
  4. Products on Chaos cannot be reserved to be bought at a later stage, and placing an item in your cart without completing the order does not amount to a “sale”.
  5. This means that Chaos may remove any product(s) from your cart before the sale actually takes place, in the event of the product going out of stock.
  6. Chaos cannot be held responsible if the product(s) you added to your cart have become unavailable when you try to complete the sale.
  7. An invoice will be emailed to the email address on your Chaos profile.
  8. Cancelling and ending orders
  9. Chaos reserves the right to refuse processing of payment for any order and/or to cancel any purchase, partially or completely, with notice given to you.
  10. Chaos will be liable for reimbursing you the rand value paid only if you have already paid for the cancelled order. You have the right to return non-defective products purchased within 7-days of the order being delivered.

Fraud

  1. Chaos reserves the right, in the interest of preventing fraud, to refuse the processing of payment for any order and/or to cancel any purchase, partially or completely.
  2. Chaos may request documentation to complete the necessary fraud checks and cancel any order where the necessary documentation is not provided in a timely manner.
  3. In the event of a fraudulent purchase being placed on Chaos, cardholders will be advised to initiate a chargeback via their bank in order to be refunded. Chaos does not process refunds for orders suspected of fraud.
  4. Chaos does not provide order details relating to orders suspected of fraud.

Product Pricing

The price of each product is given on the product information page (“the product page”) on the site.

The Regular Retail Price

  1. The Regular Retail Price (“RRP”) is the standard price that Chaos charges for the product. The RRP is determined by considering the suppliers’ price, market conditions, and the prices being offered by other local retailers.
  2. When a product is not on sale, on special, or included in a discount promotion, the RRP is the price you will pay when you purchase the product (“purchase price”).
  3. Please note that RRPs can change over the course of several seasons over which the product may be sold. The RRPs applicable at the time the product is introduced may differ from the RRP at the time of your purchase.

The Discount Price

  1. When Chaos is having a sale, or is running a discount centric promotion on specific products on the site – the discount price is shown on the product’s product page, as well as the Regular Retail Price (“RRP”). The discount price will be shown in red and the RRP will be shown alongside it – but will be crossed out.
  2. When a discount price is shown on the product page, the discount price is the price you will pay when you add the product to your cart at the discounted price, and conclude the sale at the discounted price i.e. the purchase price.

Pricing accuracy

  1. Every reasonable effort will be made to ensure that the RRP and, if applicable, the Discount Price of all products on Chaos are correct at the time of your purchase. If, however, the product is offered at an erroneous price, Chaos will not be obliged to supply the said product at the incorrect price.
  2. Chaos will only be liable to return payment already made by you in the case you choose to cancel the sale once you have been made aware of the correct price.

Delivery fees

  1. Chaos charges a non-refundable R175 fee to deliver anywhere in South Africa
  2. Chaos does not delivery to PO Box addresses.

Making a payment

You can pay on Chaos using your Visa or MasterCard credit or debit card, via Electronic Funds `transfer (EFT), or I-Pay.

Paying by credit card

  1. Chaos accepts payments made by Visa and MasterCard Credit Cards as well as chipped debit cards that have been activated for online purchases.
  2. When you place an order, the transaction details are presented to the bank for authorisation of the payment amount.
  3. If authorisation is not obtained, the order is cancelled. If authorisation is obtained, payment is usually immediate. You guarantee that you are fully authorised to use the credit card for payment of your order and that there are sufficient funds in this credit card account to cover the costs of any transactions you complete on Chaos.

Paying by EFT or direct deposit:

  1. Please note, when selecting to pay by EFT, you have 24 hours post placing your order to make the payment.
  2. When making your payment, please be sure to use your order number as your reference. This will ensure that Chaos can process your order as quickly as possible.
  3. Chaos will start processing your order as soon as your bank forwards the payment to Chaos. Depending on the bank, it can take up to 3 days from the time you make the payment (which has to be done a maximum of 24 hours after placing the order) to when it appears in our bank account.
  4. Chaos will start processing the order once your bank forwards your payment to us, but depending on the bank it can take up to 3 days.
  5. The delivery lead time as specified on the site only starts once Chaos has received the payment from your bank.

Refunds

Please note the following when considering a refund:

  1. Cash refunds carry a 25% cancellation fee of the total amount.
  2. Refunds in the form of a coupon will be given at 100% of the total amount.
  3. No Refund on delivery .

Delivery

  1. As buyer, you indicate where in South Africa you require delivery, as well as contact numbers to be used in connection with delivery.
  2. Your parcel will be delivered to the address you specified in the checkout process.
  3. In the case of door-to-door delivery, if nobody is present at the address at the time of delivery, our courier will on the second attempt of delivery leave a note (in the letterbox if a residential address) to indicate that there was an attempted delivery.
  4. The courier will try once more (third attempt), and if at that time there is still no one to sign for the parcel, the parcel will be returned to our warehouse. You will be notified via email and nothing further will happen until instructions are received from you
  5. Should another delivery time be specified this will be for the buyers account
  6. Unless we inform you otherwise, before you place your order and before the final confirmation, the estimated maximum delivery time for an order in South Africa is 21 working days.
  7. As outlined above, all Chaos standard deliveries take place during business hours i.e. there are no deliveries over weekends or on public holidays. Please take this into consideration when confirming your delivery address.

Delivery completed

  1. A door-to-door delivery (either standard or premium) is considered complete as soon as the parcel is accepted and signed for either by the customer or by an individual on the customer’s behalf at the specified delivery address.
  2. It is your responsibility, as buyer, to ensure that you or the intended receiver of the gift (when applicable) inspect(s) the parcel on arrival and makes known any justifiable complaints. The receiver has the right to refuse the parcel if it appears to have been opened or if it has clearly been damaged.
  3. Such complaints and claims must be brought to the attention of Chaos by calling our call centre at 082 755 7663 (Monday to Friday, 8:00 to 17:00 / weekends and holidays, closed).

Lost parcels

  1. In the event that a parcel is declared missing, should stock be available a replacement order will be sent to the customer via the intended originals shipping method.
  2. If stock is not available, the order (at Rand value paid) plus any relevant shipping fee will be refunded.
  3. Chaos will contact the customer in both cases to advise possible delays and/or preferred refund method.

Defective items, returns and reimbursement

  1. You have a seven-day cooling-off period in which time you may return your item, so long as it is in its original packaging and does not show signs of wear. We will then process the full refund due to you as soon as possible and, in any case, within 7 days of the day you gave notice that you would like to return the item. In this case, we will refund the price of the Product in full, excluding any applicable delivery charges.
  2. Should you consider the product to be defective, you must notify us within 7 days of purchase; we will examine the returned product and will notify you of your refund via e-mail within a reasonable period of time. We will then replace the product as soon as possible and, in any case, within 7 days of the day we confirmed to you via e-mail that you were entitled to an exchange.
  3. Should you be returning an item due to the incorrect size you will be liable for the delivery charges.
  4. We will refund any money received from you via checkout using the same method originally used by you to pay for your purchase.

Cancellation

Should you decide to cancel your order after payment is made and not due to fault by Chaos such as exceeding 21 working day delivery time, a cancellation fee will be charged at 25% of the total value of the order to cover banking charges and courier costs.

Sales records

Complete records of each transaction between you and Chaos are kept on the site for 12 months after a particular purchase or related transaction. During this time, you’ll be able to view and print out these records. After the 12-month period the responsibility of keeping such record falls onto you.

Competitions & Promotions

  1. Chaos may release printed or digital discount coupons (“coupons”) from time to time. Such coupons may be available through the website and/or from third-party websites.
  2. Coupons can be used to secure a discount on the site as long as the coupon is valid.
  3. Given expiry dates cannot be moved.

Promotional coupons

  1. Promotional coupons are issued at Chaos’s discretion. Users don’t have the right to promotional coupons and can’t earn them.
  2. Promotional coupons are issued with specific terms and conditions that regulate how and when they can be used. For example, certain coupons may be product specific in that they are only valid against a selected group of products. Exclusions may also exist with certain coupons. The onus is on the shopper to check the full coupon T&Cs to ensure they understand the coupon’s applications and limitations.
  3. In general, unless otherwise specified on the coupon itself: a coupon is only valid for 30 days from date of issue. A coupon can only be used against a purchase on the site when the purchase meets the terms and conditions as specified on the coupon.
  4. Only one coupon can be used per shopping cart. Coupons are not transferrable and cannot be exchanged for cash. The discount value of the coupon will be deducted from the total amount in your shopping cart. The remaining balance, if any, must be paid by you.
  5. Creation of multiple Chaos accounts, with different email addresses, in order to utilize a coupon on multiple occasions, is abuse of the benefit and Chaos reserves the right to not release these orders.
  6. Should you wish to return an item you have purchased using a coupon:
    1. If you have redeemed a coupon against a purchase, and you’d like to return all items purchased, Chaos will refund you or credit your account with the rand value of the purchase. Please refer to the specific terms and conditions on the coupon for information on whether it will be reinstated and the terms that will apply.
    2. If you have used a coupon against a purchase and then return some of the products purchased, Chaos will apportion the value of the coupon across the relevant items in the cart and then refund you the relevant rand amount based on the items being returned.
    3. If you have used a coupon against a purchase and then return some of the products purchased, Chaos will recalculate the total value of your purchase AFTER the returned product(s) has/have been deducted. If the recalculated purchase value no longer meets the terms and conditions associated with the coupon, Chaos reserves the right to deduct the value of the coupon off the refund for the returns, or, should you have credit in your Chaos account, to debit the value of the coupon off your account balance.

Promotional coupons cannot:

  1. Be used to buy gift vouchers
  2. Be exchanged for cash
  3. Be transferred to anyone else
  4. Be used after the expiry date which is, unless otherwise specified, 30 days from date of issue
  5. Be used together with any other promotion, items already on sale or items discounted as part of another promotional offer.

Gift Vouchers

Electronic gift vouchers can be purchased on the Chaos website. Chaos gift vouchers can only be redeemed while they are valid. Their expiry dates cannot be extended.

Vouchers cannot be:

  1. used to purchase other Gift Vouchers:
  2. used towards purchases at any affiliate websites or
  3. exchanged for cash
  4. General terms of Chaos gift vouchers:
  5. Gift voucher value can be set by you, to any value between R250 and R10 000.
  6. The chosen value must be in rands, no cent values are permitted.
  7. You may use more than 1 gift voucher per transaction, should you wish to.
  8. If a gift voucher Is used to purchase a cart that is of lower value than the voucher, the residual amount will be tied to the voucher code.
  9. You can check the balance of a gift voucher within your user account section.
  10. If you have a gift voucher, that voucher can be used by someone other than you and you can assign your rights to use that voucher. We assume no liability for the loss, theft or illegibility of gift vouchers.
  11. You may purchase gift vouchers for use on the Site by yourself or as a gift. These gift vouchers will be sent to you or your chosen recipient via email.
  12. Gift vouchers cannot be used to buy further gift vouchers.
  13. The credit of a gift voucher does not accrue interest nor does it have a cash value.
  14. Gift vouchers are not refundable for cash once purchased.
  15. If the credit of a gift voucher is insufficient for the Order you wish to make, you may make up the difference through either Credit Card, EFT, I-Pay or store credit.

Security

  1. Anyone downloading or trying to download malware or damaging coding on this site, or who tries to gain unauthorised access to any page on this site, will be prosecuted.
  2. Chaos will claim civil damages from such person if Chaos suffers any damage or loss.
  3. You agree and guarantee that the username and password you use to log in is for your personal use only, and will not be passed on to any third party.
  4. You allow Chaos to take all steps reasonably possible to ensure the integrity and security of the site and in the administrative office.
  5. All credit card transactions on the site are protected by SSL (Secure Socket Layer) encryption and reinforced by various encryption processes with the aim of offering the most effective possible protection of any sensitive information. Chaos has no access to any confidential information regarding your payment method.
  6. Only Chaos’s banking partner (Payfast) will access confidential information (Such as your credit card number, expiry date, CVV etc.) from time to time.

Indemnity

Chaos is responsible for adhering to the Consumer Protection Act 68 of 2008 (“CPA”) with the sale of any products from the site. Similarly, Chaos is responsible for adhering to articles 43(5) and 43(6) of the Electronic Communication and Transactions Act in terms of payment systems and security.

However, neither Chaos nor any of its representatives will be held responsible for any loss or accountability of any kind that arises from the use of (or inability to use) this site, its services or content.

Furthermore, Chaos provides no guarantee, implied or otherwise, that the content or technology attached to this website is free of errors or omissions. Nor is there any guarantee whatsoever that service will be 100% uninterrupted or faultless. We encourage you to report any possible malfunctions and errors by emailing hello@chaosonline.co.za.

Otherwise call the call centre at 082 755 7663 (Monday to Friday, 08:00 to 17:00, weekends and public holidays, closed).

Although the products on the site may be under guarantee, the site itself is offered on an “as it is” basis and is not set up or delivered according to your individual specifications.

It is your responsibility, before accepting these T&Cs, to determine whether the service available through this website satisfies your individual needs and is compatible with your hardware or software. Information, ideas and opinions expressed on this web site should not be regarded as professional advice, or as Chaos’s official stance.

We encourage you to obtain professional advice before taking any action on the strength of information, ideas or opinions expressed on this site.

Applicable Laws

  1. This site is offered, controlled and run from the Republic of South Africa. As Such it is governed by South African legislation, and subject to the disputes clause in these T&Cs.
  2. You and Chaos are subject to the non-exclusive jurisdiction of the South African courts. Each and every section of these terms and conditions must be read as individual and separable from the rest of the terms and conditions.
  3. Should any court or qualified authority find that any of the terms are invalid or unenforceable, the remainder of the terms and conditions will remain standing, despite invalidity or unenforceability of an individual term.

Privacy

Chaos website visitors, subscribers, registered account holders and shoppers are subject to the Pronet privacy policy.

Changes to Terms and Conditions

Chaos may, at its own discretion, change these terms and conditions or any part thereof. As indicated in the T&Cs, it is the responsibility of the registered account holder or user to familiarise yourself with the T&Cs before using the site. By registering, or using the site at all, you recognise that you’ve read, accepted and agreed to be bound by these T&Cs.

Disputes

Barring urgent or interim legal help that may be granted by a court of law: In the event of any disputes of any kind between you and Chaos, arising out of any situation catered for in these terms or conditions (or that arises out of these terms and conditions) and that cannot be resolved by the client service centre, the dispute may be presented for confidential arbitration.

Such arbitration will be handled according to the rules stipulated by the Arbitration Foundation of South Africa. These rules can be found here.
082 755 7663

An electronic copy is to be sent to hello@chaosonline.co.za (Such copy must be delivered in conjunction with physical copy for serving to be effected.)

Terms and Discontinuation

These terms and conditions take effect on the date of first publication of the website and continue indeterminately. They may be revised by Chaos from time to time (as described above), for as long as the website continues to exist and be operated. Chaos is entitled to terminate these terms and conditions or close down the website at any time, subject to processing any pending purchases.

If you don’t meet your obligations regarding these terms and conditions, including any incidents about payment and price or an order, and you neglect to rectify Such non-adherence within 5 working days after Chaos has instructed you to do so, your access to the service will be blocked.

We have the right to close your account and deny you access to the site, depending on the severity of your actions. Such action on the part of Chaos will not have any negative effect on any damages Chaos may claim.

Copyright and other intellectual property

Any and all copyright relating to the website, including these terms and conditions, is held by Chaos (and partners). All rights not expressly given are reserved. You may download, view and print content from this site only for private and non-commercial ends. To obtain permission for commercial use of any content from this site, please send an email hello@chaosonline.co.za, or call the client service line: 082 755 7663

Chaos is unable to edit or screen all content on the site, and will not be held accountable for illegal, libellous or obscene content. We advise you to inform Chaos of any offensive or illegal material.

All content, trademarks and data on this website, including but not limited to software, databases, text, graphics, icons, links, private information, designs and agreements, are the property of or under license of Chaos. As Such they are protected by local and international legislation and agreements.

Electronic communication

When you sign up for a Chaos newsletter, opt into marketing communication, register an account, conclude a purchase, visit the site or send an email to hello@chaosonline.co.za, you agree to get electronic communication from Chaos.

Links, ‘Framing’, ‘Spiders’ and ‘Crawlers’

No person, business or website may be linked to any page on this site without prior written permission from Chaos. Such permission can be obtained by sending an email to hello@chaosonline.co.za or by calling the client service line at 082 755 7663.

Links to non-Chaos sites given on this website are provided “voetstoots” and Chaos does not necessarily agree with the content of such sites, which Chaos is unable to edit or underwrite.

No person, business or website may use any technology to glean information from this site without prior written permission from Chaos. Such permission can be obtained by sending an email to hello@chaosonline.co.za or by calling the client service line at 082 755 7663.

Chaos Online corporate information

The Electronic Communication and Transactions Act determines that when goods or services are provided via certain electronic transactions, the seller must make certain information public on the site where the goods or services are offered.