Welcome to MOIST Surf Wear. These Terms and Conditions govern your use of the MOIST Surf Wear website and your purchase of products from us. By using the website or placing an order, you agree to these Terms and Conditions, subject always to your rights under applicable South African law.
1. About MOIST Surf Wear
Legal entity: [INSERT LEGAL ENTITY NAME]
Trading name: MOIST Surf Wear
Registration number: [INSERT REGISTRATION NUMBER, IF APPLICABLE]
Physical address: [INSERT ADDRESS]
Email: info@moistsurfwear.com
Website: www.moistsurfwear.com
2. Applicable law
These Terms and Conditions are governed by the laws of the Republic of South Africa, including, where applicable, the Consumer Protection Act 68 of 2008; the Electronic Communications and Transactions Act 25 of 2002; the Protection of Personal Information Act 4 of 2013; applicable tax legislation; and other applicable South African legislation.
Nothing in these Terms and Conditions is intended to remove, restrict or waive a consumer right that cannot lawfully be excluded.
3. Website use
You agree to use the website lawfully and responsibly. You may not use the website for unlawful purposes; attempt to gain unauthorised access to the website or its systems; interfere with website security; introduce malicious code; impersonate another person; use stolen payment information; scrape or reproduce website content for commercial purposes without permission; or misuse the website in a manner that could damage MOIST or other users.
4. Product information
We make reasonable efforts to ensure that product descriptions, photographs, sizes, colours and prices are accurate. Colours may appear differently depending on your monitor, device or screen settings. Minor differences in colour, printing, texture or manufacture do not necessarily constitute a defect. Product measurements and sizing information are provided as a guide.
5. Prices
All prices are displayed in South African Rand unless otherwise stated. The applicable product price will be displayed before the customer completes the purchase. Delivery charges and other applicable costs will be disclosed before completion of the transaction.
6. Orders
An order submitted through the website constitutes an offer by the customer to purchase the selected products. An order will be processed once payment has been successfully authorised or otherwise confirmed. MOIST will provide appropriate confirmation of the transaction. We may contact you if additional information is reasonably required to fulfil an order.
7. Product availability
Products are subject to availability. If an ordered product becomes unavailable and MOIST cannot reasonably fulfil the order, we will notify the customer and provide an appropriate remedy, including a refund where applicable.
8. Delivery
Delivery will be made to the address supplied by the customer. Estimated delivery and processing periods may vary depending on location, courier availability, public holidays and other circumstances. Please see our separate Shipping & Delivery Policy.
9. Payment
Payment must be successfully authorised before an order is processed. Available payment methods will be displayed during checkout. Please see our separate Payment Policy.
10. Returns, refunds and exchanges
10.1 Defective goods
The Consumer Protection Act provides statutory protections concerning the quality, safety, suitability and durability of goods. Where qualifying goods fail to meet the requirements of the CPA, the consumer may have statutory rights to return the goods and require an applicable remedy, including repair, replacement or refund.
10.2 Change-of-mind and online transactions
Where the ECTA applies to an electronic transaction, consumers may have statutory cancellation rights in circumstances prescribed by that Act. Where a statutory cancellation right applies, MOIST will process the cancellation, return and refund in accordance with the applicable legal requirements.
10.3 Voluntary returns
MOIST may offer additional returns or exchanges beyond the statutory minimum. Any additional voluntary return policy will be displayed separately and may contain reasonable conditions relating to product condition, hygiene, proof of purchase and return shipping. A voluntary policy does not replace or reduce statutory consumer rights.
11. Clothing condition
Where a customer requests a voluntary size exchange or change-of-mind return, the product should normally be unworn, unwashed, undamaged, free from stains, odours or other contamination, accompanied by its original tags where applicable, and accompanied by proof of purchase. These conditions do not restrict statutory rights relating to defective or non-conforming goods.
12. Intellectual property
Unless otherwise stated, the MOIST Surf Wear name, logo, artwork, photographs, graphics, designs, text and other website content are owned by or licensed to MOIST Surf Wear. You may not reproduce, modify, distribute or commercially exploit this material without appropriate permission.
13. User content
If customers submit photographs, reviews, comments or other content to MOIST, the customer remains responsible for ensuring that the content does not infringe another person's rights. By submitting content, you grant MOIST permission to use that content for legitimate business, marketing and promotional purposes where you have expressly provided permission or where otherwise permitted by law.
14. Reviews
Customers may provide honest reviews of products they have purchased. Reviews must not contain unlawful, defamatory, threatening, discriminatory or deliberately misleading material. MOIST may moderate or remove content that violates these requirements.
15. Third-party services
The website may depend on third-party services, including payment processors, courier services, website hosting providers, analytics providers, social-media services and other technology providers. Third-party services may be governed by their own terms and policies.
16. Privacy
Personal information is processed in accordance with our Privacy Policy and applicable South African privacy legislation.
17. Website availability
We aim to keep the website available and functioning correctly but cannot guarantee uninterrupted availability. Maintenance, technical problems, network failures, cyber incidents and other circumstances may temporarily affect availability.
18. Limitation of liability
Nothing in these Terms and Conditions excludes or limits any liability or consumer right that cannot legally be excluded or limited under South African law. Subject to that limitation, MOIST will not be responsible for losses caused solely by circumstances outside its reasonable control.
19. Complaints
We encourage customers to contact MOIST first so that we can attempt to resolve complaints promptly. Complaints may be submitted using the email link in the footer. Please provide your name, order number, relevant product, description of the problem and supporting photographs or documents where applicable.
20. Dispute resolution
MOIST will attempt to resolve customer complaints fairly and in accordance with applicable South African law. Nothing in this clause prevents a consumer from exercising a statutory right to approach a competent regulator, ombud, tribunal or court.
21. Changes to these terms
MOIST may update these Terms and Conditions from time to time. The version applicable to an order will be the version made available at the time the transaction is concluded, subject to any mandatory legal requirements.
22. Electronic communications
Electronic communications, including emails and website notifications, may be used to communicate with customers regarding transactions and customer service. Where applicable, electronic records will be retained in accordance with legal and business requirements.
23. Contact details
MOIST Surf Wear
Email: info@moistsurfwear.com
Website: www.moistsurfwear.com
Legal entity: [INSERT]
Registration number: [INSERT]
Physical address: [INSERT]
Telephone: [INSERT]