Terms & Conditions
These Terms and Conditions form a contract between the customer (“You”) and Thirteen Collective and apply to the ordering, purchase, fulfillment, and delivery of products from this website 13collective.com.
Please read these Terms and Conditions carefully before placing Your Order with Thirteen Collective, as these Terms and Conditions contain important information about the ordering, processing, fulfillment, and delivery of products, including limitations of liability.
If You do not understand these Terms and Conditions or if You have any questions, please contact our Customer Care Team, and a representative will be happy to assist You. The Customer Care team operates on Monday to Friday (excluding public holidays and weekends) from 9.00 am until 5.00 pm South African Time.
The contact phone number for our Customer Care Team is: 0873531294
or contact us via email: info@13collective.com
1. DEFINITIONS
The following definitions are used in these Terms and Conditions:
1.1 Business Day means a weekday other than a public holiday or weekend in South Africa.
1.2 Consumer Protection Act means the South African Consumer Protection Act 68 of 2008.
1.3 Delivery Address means the address to which the Product are to be delivered as stated on the electronic order form on the Website.
1.4 Delivery Agent means any nominated third-party delivery or shipping company for Thirteen Collective.
1.5 Delivery Fee means the fees charged by the Delivery Agent of Thirteen Collective for the delivery of Product.
1.6 Thirteen Collective Retail Store means a physical (not online) retail outlet trading under the name Thirteen Collective and listed as a "Thirteen Collective Store".
1.7 Law means the laws applicable to the Republic of South Africa.
1.8 Order means a request by You to purchase Product from Thirteen Collective in accordance with these Terms and Conditions.
1.9 Personal Information has the meaning as defined under the Protection of Personal Information Act, 4 of 2013 (“POPI”).
1.10 Price means the purchase price of each Product as specified on this Website in South African Rands (ZAR).
1.11 Privacy Policy means the Thirteen Collective Privacy Policy found on the Website.
1.12 Returns Policy means the Thirteen Collective Returns Policy found on the Website.
1.13 Tax means the VAT, other taxes, import fees, duties, tariffs, or other charges which may be payable in relation to Your Order.
1.14 Terms and Conditions means these terms and conditions, as amended from time to time.
1.15 Territory means the Republic of South Africa.
1.16 VAT means value added tax as determined in accordance with the Value Added Tax Act, 89 of 1991.
1.17 Website means 13.collective.com
1.18 Website Terms means the terms and conditions governing Your use of the Website, in addition to these Terms and Conditions, and shall include the 13 Collective Privacy Policy.
1.19 You or Your means you as the purchaser of Product from 13 Collective Online pursuant to these Terms and Conditions.
2. COMPLIANCE WITH TERMS AND CONDITIONS
2.1 You agree to be bound by these Terms and Conditions when You submit an Order.
2.2 Each Order You submit will be a separate and binding agreement between You and Thirteen Collective with respect to the supply of Product, in accordance with these Terms and Conditions
3. PLACING ORDERS FOR PRODUCT
3.1 You may place an Order through the Website by submitting the electronic order form on the Website.
3.2 Thirteen Collective will only accept Orders applicable within the Territory.
3.3 An Order submitted by You on the Website in the manner described on the Website is an offer by You to purchase Product for the Price as specified at the time You submit Your Order. That offer cannot be withdrawn by You without Thirteen Collective’s prior written consent.
3.4 You acknowledge that all Orders through the Website are with respect to Product intended for personal and domestic and non-commercial use only, and that quantity restrictions may apply as set out on the Website from time to time.
3.5 In completing the electronic order form, You agree to provide complete and accurate information as to Your personal details (or those of Your nominated recipient for gifts) to enable the processing and delivery of Your Order. This information will also be used by the Delivery Agent to fulfill Your Order. Thirteen Collective will not be liable to You for Your loss or that of any third party for a delay or failure to process, fulfill or deliver Product to You (or Your nominated recipient) due to inaccurate or incomplete personal details provided in respect of an Order by You. Without limitation, if You provide inaccurate shipping details in an Order, Thirteen Collective is under no obligation to resend Your Order if it is shipped to the address provided in the Order and not subsequently returned to Thirteen Collective. You agree to obtain consent from the recipient of a gift when providing their personal details to Thirteen Collective online.
3.6 You may only order from Thirteen Collective if You are aged 18 years or over and have an active email account and a telephone number at which You can be easily contacted.
3.7 You must check Your Order carefully prior to submitting Your Order with us. Once You submit Your Order, cancellations of Your Order or changes to the product in Your order may only be made by prior agreement by 13 Collective unless otherwise required by Law. However, we will allow You to return product in accordance with the Returns Policy.
3.8 Where You place consecutive or separate orders for product, we cannot consolidate the Orders into one. A separate Delivery Fee will apply to each Order in accordance with clause 7.
3.9 You will be provided with an automatic order number upon submission of Your Order to the Website. The Order number is required when contacting our Customer Care Centre for identification purposes.
4. ACCEPTANCE AND REJECTION OF ORDERS
4.1 Thirteen Collective reserves the right to accept or reject Your Order for any reason at any time. Without limitation, due to legal and other restrictions applicable for Orders placed for international delivery, some of our products may not be available for delivery to certain locations outside South Africa. Thirteen Collective retains the right to determine what it can and cannot deliver to any particular location.
4.2 When Thirteen Collective accepts an Order, it represents an agreement by Thirteen Collective to supply You the product in accordance with the Order and these Terms and Conditions.
4.3 In the event that Thirteen Collective rejects an Order, we will notify You of that rejection and the reason for the rejection via email within five (5) Business Days after Your placement of the Order.
4.4 Where Thirteen Collective rejects an Order and Your payment for the product has already been processed, Thirteen Collective will refund any money paid to us in respect of that Order and make reasonable endeavors to process the refund within five (5) Business Days. Receipt of Your refund will depend on the period of time it takes Your financial institution to finalize the refund.
4.5 If we are unable to contact You in relation to Your Order under these Terms and Conditions using the contact details You provide during the Order process after having made reasonable attempts to contact You, we will reject the Order in accordance with this clause 4.
5. AVAILABILITY OF PRODUCT
5.1 From time to time, some Product may be out of stock or are unavailable and we may not be able to fulfill all or part of Your Order. If this happens, Thirteen Collective will contact You directly via email or telephone, and You will have the option to:
(a) wait until the Product is back in stock (where applicable);
(b) replace the Product with another product of Your choice (subject to any difference in Price);
(c) cancel Your Order and receive a refund of the Price You paid for the Product.
5.2 If Thirteen Collective is unable to contact You or You do not respond within five (5) Business Days, Thirteen Collective will cancel Your Order and refund the Price paid for the Product.
5.3 Thirteen Collective will not be liable to You for any losses You or any third party may suffer for a delay or failure to process Your Order or deliver Product due to inaccurate or incomplete details provided in an Order.
5.4 You acknowledge and agree that:
(a) all pictures and images of Product displayed on the Website are for illustration purposes only and the sizes and dimensions of Product may differ in real life;
(b) You have read any corresponding written description of the Product prior to submitting Your Order;
(c) the colors of Product, as shown on the Website, may vary slightly in real life due to Your screen resolution and that Thirteen Collective cannot guarantee that Your screen will accurately reflect the color of the product on delivery.
6. PRICE AND PAYMENT
6.1 The Price payable for a Product is the one specified on the Website at the time You submit Your Order, except where there is an error (see clause 6.5).
6.2 In addition to the Price for Product, You will also need to pay:
(a) any additional delivery fees, taxes, and charges as set out in clause 7; and
(b) any fees, charges, or taxes that Thirteen Collective is required to pay to third parties (including customs and import duties) in connection with the supply of Product to You.
6.3 All Prices are in South African Rands (ZAR) and, if GST applies, inclusive of GST. Any fees, charges, or taxes (including GST where applicable) payable by You under these Terms and Conditions cannot be set off by You against any other amounts payable by You to Thirteen Collective.
6.4 Thirteen Collective reserves the right to change or alter Prices of Product on the Website without notice to You, unless You have already submitted an Order at a stipulated Price, in which case there will be no change or alteration in pricing.
6.5 In the event that Thirteen Collective discovers an error in the Price of the Product You have ordered:
(a) Thirteen Collective will contact You and inform You as soon as possible, using the contact details provided by You, and will give You the option of reconfirming Your Order at the correct Price or canceling Your Order.
(b) If Thirteen Collective is unable to contact You or You do not reconfirm Your Order at the correct Price within five (5) Business Days, Thirteen Collective will cancel Your Order and refund the Price paid for the Product.
6.6 Thirteen Collective may in its sole discretion accept or reject Your offer to purchase for any reason (or no reason), including an error in the advertised Price for, or description of, the Product on the Website, or an error in Your Order.
6.7 You may pay the Price by the methods specified on the Website.
6.8 You must not pay, or attempt to pay, the Price by any fraudulent or unlawful means.
6.9 Thirteen Collective will provide You with a receipt at time of delivery, which specifies the total Price for the Product including GST, and any other fees, charges, or taxes payable by You.
6.10 Thirteen Collective may vary the Payment methods at its discretion and such variations may be notified to You via the Website or other means prior to such changes taking effect.
7. DELIVERY
7.1 Thirteen Collective will only deliver Product ordered through the Website to a location where Thirteen Collective provides delivery services.
7.2 You will receive a Delivery Fee for the delivery of Product that You order on the Website.
7.3 You agree to comply with certain delivery requirements specified below and such other requirements that may be specified on the Website from time to time. The Delivery Fee for the delivery of Product is as follows:
(a) National delivery (within South Africa): Delivery Fees are calculated based on Your delivery location and the size and weight of Your Order.
(b) International delivery: Delivery Fees for international deliveries are calculated based on Your delivery location and the size and weight of Your Order. International delivery is subject to the delivery conditions set out below.
7.4 Any Delivery Fee will be shown separately in Your Order and is inclusive of VAT unless otherwise stated.
7.5 The Delivery Agent will use reasonable efforts to meet any estimated delivery dates for the delivery of the Product, but Thirteen Collective does not guarantee any estimated dates.
7.6 Thirteen Collective reserves the right to change, cancel or suspend delivery of Product or Your Order for any reason at any time, subject to notifying You of the change as soon as possible. If Thirteen Collective cancels Your Order, You will be refunded any money You have paid.
7.7 You or Your nominated recipient may be required to sign a delivery form to confirm that the delivery has taken place. If You refuse to sign the delivery form, this will be taken as refusal to accept the delivery.
7.8 You agree to grant Thirteen Collective the right to leave the Product at the Delivery Address without obtaining a signature if the Delivery Agent is unable to obtain a signature from You or Your nominated recipient.
7.9 Thirteen Collective will not be liable for any delay in delivery of Product. You have the obligation to inform Thirteen Collective of any delivery issues or complaints within 7 days from Your Order’s delivery date.
8. INTERNATIONAL DELIVERY
8.1 The following terms and conditions apply to international deliveries:
(a) You must comply with all applicable laws and regulations of the country for which the Product are destined. Thirteen Collective will not be liable or responsible if You break any such law.
(b) You may be subject to import duties and taxes, which are levied once the Product reach the specified destination. Any additional charges for customs clearance must be borne by You; we have no control over these charges. Customs policies vary widely from country to country, so You should contact Your local customs office for further information.
(c) Please note that when shipping products internationally, You should be aware that cross-border shipments are subject to opening and inspection by customs authorities.
(d) Please note that You must comply with all applicable laws and regulations of the country for which the Product are destined. Thirteen Collective will not be liable or responsible if You break any such law.
(e) You must also meet any conditions of sale imposed by any applicable import laws.
(g) Thirteen Collective is not responsible for any additional charges that may apply after a purchase is completed. This includes, but is not limited to, import duties, taxes, and customs charges. These charges are the responsibility of the customer.
(h) You must ensure that the products you order comply with all state and federal regulations and import restrictions that apply to the country for which the products are destined.
(i) International Orders may be subject to additional verification checks, and this may cause delays in processing and dispatching Orders.
9. RISK AND TITLE
9.1 Risk and title in the product passes to You on the date and time of delivery of the Product to the Delivery Agent.
10. CANCELLATION AND RETURN OF PRODUCT
10.1 Thirteen Collective will not accept cancellations for change of mind or other reasons once an Order has been accepted by Thirteen Collective.
10.2 If You wish to return a Product because you believe it is faulty or damaged, You must contact the Thirteen Collective Customer Care Team via the contact details provided on the Website within 7 days of receiving the Product. The Customer Care Team will guide You through the returns process.
10.3 You must return the Product in accordance with the Thirteen Collective Returns Policy available on the Website.
10.4 If You return a Product in accordance with the Thirteen Collective Returns Policy, Thirteen Collective will provide You with a refund or exchange.
11. WARRANTIES AND LIABILITIES
11.1 To the extent permitted by Law, Thirteen Collective excludes all express and implied warranties, and all liability, for any loss or damage whatsoever (including but not limited to physical and financial loss and damage) suffered by You or any other person.
11.2 To the extent permitted by Law, Thirteen Collective's liability for breach of any implied warranty or condition that cannot be excluded is limited at the option of Thirteen Collective to the following:
(a) in the case of Product, the replacement of the Product or the supply of equivalent goods, the repair of the Product, the payment of the cost of replacing the Product or of acquiring equivalent goods, or the payment of the cost of having the Product repaired.
(b) in the case of services, the supply of the services again or the payment of the cost of having the services supplied again.
11.3 To the extent permitted by Law, You agree that Thirteen Collective is not liable for, and You indemnify Thirteen Collective against, any liability, loss, damage, costs or expense that Thirteen Collective incurs or suffers as a direct or indirect result of Your breach of these Terms and Conditions, Your negligent or fraudulent act or omission, or any claim brought against Thirteen Collective in connection with Your use of the Website.
11.4 You are responsible for all risks associated with Your use of the Website, including the internet, software, and Your data being damaged or corrupted by viruses, worms, Trojan horses, or other codes of a destructive nature transmitted in connection with Your use of the Website. Thirteen Collective may, at its sole discretion, but is not obligated to, monitor or review Your use of the Website.
11.5 You acknowledge that the security of communications sent by electronic means cannot be guaranteed. You provide information to Thirteen Collective via the Website at Your own risk. Thirteen Collective is not responsible for any costs or losses You incur from any unauthorized access to, or use of, Your personal information.
12. PROMOTIONS
12.1 Any promotions or discounts advertised on the Website are only valid for the specified period and on the terms and conditions specified.
12.2 Promotions or discounts cannot be used in conjunction with any other offer unless otherwise specified.
13. PRIVACY POLICY
13.1 Thirteen Collective collects, uses, and discloses personal information in accordance with its Privacy Policy. By accepting these Terms and Conditions, You agree to the collection, use, and disclosure of Your personal information in accordance with the Privacy Policy.
14. GOVERNING LAW
14.1 These Terms and Conditions are governed by and construed in accordance with the laws of the Republic of South Africa.
14.2 You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of the Republic of South Africa.
15. CONTACT INFORMATION
15.1 For any inquiries, assistance, or communication regarding your order, you can contact Thirteen Collective through the following means:
Customer Care Team:
Phone Number: 073 767 3495
Email: info@13collective.com
16. OWNERSHIP OF SUBMISSIONS
16.1 Other than personal information which is subject to our Privacy Policy, all comments, blogs, feedback, suggestions, questions, ideas, artwork, images, product or marketing ideas, and any other submissions disclosed, submitted, or offered to Thirteen Collective on or through the Website or otherwise disclosed, submitted, or offered by You (collectively, "Submissions") shall become and remain the property of Thirteen Collective once submitted. You must comply with the content standards for Submissions set out in these terms. You warrant that You own or have the right to use any Submissions and that Your Submissions will comply with these standards and guidelines. You warrant that You have the right to grant to Thirteen Collective the rights set out in these terms concerning Your Submissions.
17. SOCIAL NETWORKING SITES
17.1 These Terms and Conditions also govern any Submissions You make on any Thirteen Collective related third-party website or page such as our Facebook page, Twitter, YouTube, or other social networking site.
17.2 All comments, images, videos, and any other type of material posted on any third-party social networking site do not necessarily reflect the opinions or ideas of Thirteen Collective or its employees, and Thirteen Collective is not responsible for any such content. In any event, all material posted on any third-party social networking site must comply with these terms and the third-party social networking sites' terms of use, as applicable.
18. SECURITY AND VIRUSES
18.1 To the maximum extent permitted by Law, you undertake not to hold Thirteen Collective and its related companies and the directors, officers, employees, agents, and contractors of those companies liable and hereby indemnify them for any loss or damage (whether direct, indirect, or consequential) sustained by you, including loss or damage arising out of negligence, which You may suffer as a result of using this Website.
19. LIMITATION OF LIABILITY AND INDEMNITY
19.1 To the maximum extent permitted by Law, you undertake not to hold Thirteen Collective and its related companies and the directors, officers, employees, agents, and contractors of those companies liable and hereby indemnify them for any loss or damage (whether direct, indirect, or consequential) sustained by you, including loss or damage arising out of negligence, which You may suffer as a result of using this Website.
20. GENERAL
20.1 Thirteen Collective reserves the right at all times to make changes to these Terms and Conditions. Any variations to these Terms and Conditions will take effect from posting on the Website. The Terms and Conditions which apply at the time of Order are those that govern Your relationship with Thirteen Collective with respect to that Order.
20.2 If any provision of these Terms and Conditions is found to be invalid or unenforceable, the provision will be deemed severed from the Terms and Conditions and the remainder of the terms will continue in full force and effect.
20.3 Thirteen Collective may give notice to You by electronic mail using the email address used by You when placing Your Order. You may give notice to Thirteen Collective by electronic mail to our Customer Care Centre. The notice shall be deemed received at noon on the Business Day following dispatch.
20.4 A failure or delay by Thirteen Collective to exercise a power or right under these Terms and Conditions does not constitute a waiver of that power or right, and the exercise of a power or right by Thirteen Collective does not preclude its future exercise or the exercise of any power or right.
20.5 The Law governs this agreement. Your transaction is deemed to have taken place in Cape Town, South Africa.
21. COPYRIGHT AND TRADEMARKS
21.1 This Website and all material provided on this Website are owned or licensed to Thirteen Collective, inclusive but not limited to the "look" and "feel" of the Website, the color combinations, layout, literary and artistic works, photographs, and all graphical elements.
21.2 Except where necessary for viewing the material on this website on Your browser, or as permitted under the Trademarks Act, 194 of 1993, nothing on this Website may be copied, reproduced, adapted, uploaded to a third party, issued or communicated to the public, linked to, framed, performed in public, distributed or transmitted in any form by any process without the prior written consent of Thirteen Collective.
21.3 The various trademarks displayed on this Website (whether registered or otherwise) are owned or licensed to Thirteen Collective.
21.4 Other product and company names mentioned on this Website may be the trademarks of other people or entities. The trademarks displayed on this Website may not be used or reproduced without the prior permission of the relevant owner. If You are an authorized reseller of Thirteen Collective products and would like to request permission to use photography or other content from this Website for business purposes, please contact our Customer Care team via email.
22. DISCLAIMER
22.1 The information contained on this website is provided by Thirteen Collective in good faith. To the best of Thirteen Collective's knowledge, the information is accurate and current. However, this site and its contents are provided to You on an "as is" basis. The site may contain errors, faults, and inaccuracies and may not be complete and current.
22.2 Thirteen Collective and its related bodies corporate, and their directors, officers, employees, and agents ("Thirteen Collective's Associates") make no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site, except as otherwise provided, and then only to the minimum extent required, under any applicable laws.
22.3 To the extent permitted by applicable law, all representations, warranties, and other terms are excluded. You must ensure that the products you order are suitable for your intended purpose.
22.4 You agree that the entire risk arising out of Your use of the Website, and any service or product provided in connection with the Website, remains solely with You, to the maximum extent permitted by Law.
This agreement was last updated on 29 November 2023
By continuing with your order on the 13collective.com website, you confirm that you have read, understood, and agree to these Terms and Conditions. If you do not agree, please do not proceed with your order.
If you have any questions about these Terms and Conditions, please contact the Customer Care Team before proceeding with your order.