Terms & Conditions

Introduction
As our valued customer we encourage you to take a moment to read these “Website Terms and Conditions of Use” relating to www.jamclothing.co.za. These “Terms and Conditions for purchasers” govern the use of “Jam Clothing” Website located at the domain name: www.jamclothing.co.za (herein after referred to as the “Website”).
This Website enables customers to shop for items including clothing, shoes and apparel (“Products”) online and have them delivered to their nominated address within South Africa, or at a nearest Jam Clothing branch.
By using this Website you are bound by and agree to these T&Cs, which we may change without notice from time to time. If you do not agree to any of the T&Cs you should not continue to use the Website.
By using the website, you warrant that you are 18 years of age or older and of full legal capacity. If you are under the age of 18 or if you are not permitted to enter into a binding agreement, then you may use the website only with the involvement supervision of your parent/legal guardian. If consent has been given by your parent/legal guardian, then they agree to be bound to these Terms and Conditions and to be held liable and responsible.
If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Jam Clothing to explain it to you before you accept the Terms and Conditions or before continuing using the Website.
Each time you make a purchase from the Website, you will need to indicate your acceptance of these Terms by clicking on the button marked “I Accept” during the Checkout Process.
The Terms apply to ALL Users of the Site, including without limitation Users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Definitions
“Customer” shall mean any natural or juristic person who enters or intends entering into an electronic transaction with Jam Clothing for purchase of the products offered by Jam Clothing.
“Items” shall mean the products selected by the Customer for purchase when placing an Order on our Website.
“Order” shall mean the selection of items purchased by you from our website.“Policies” shall mean the various Jam Clothing policies contained in or referred to herein and on our Website, which form part of these Terms and Conditions and which may be updated from time to time;
“Products” shall mean all products or services displayed for sale on our website, including but not limited to clothing, shoes, and apparel.
“Website” shall mean our online store, which can be accessed at (www.jamclothing.co.za).
“Working Day” shall mean any day between 07h30 and 16h15 Monday to Friday, excluding Saturdays, Sundays and statutory public holidays in the Republic of South Africa.

Purchasing of Products
We are stock lot buyers and regularly buy stock that previously belonged to other chain stores and for commercial reasons labels are defaced.This site allows you, the user to place an electronic “order” for products on offer, subject to the availability of such products.
A contract of sale between you and Jam Clothing comes into effect once you have completed and submitted the online order form for “items” in your shopping cart (“cart”) and your payment has been authorized by Jam Clothing (or has been received into Jam Clothing bank account).
We reiterate that the above is dependent on the availability of stock.
Products on the site 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”.
Jam Clothing therefore has a right to remove any product(s) from your cart before the sale actually takes place, in the event of the product going out of stock.
Jam Clothing cannot be held responsible if the product(s) you added to your cart have become unavailable when you try to complete the sale.
A tax invoice will be emailed to the email address nominated you. A delivery note will be included with your order – please note that no prices are visible on the delivery note.
You acknowledge that stock of all products on offer is limited. In the case of products for sale by Jam Clothing, Jam Clothing will take all reasonable efforts to monitor stock levels and ensure that when the products are no longer available the offers are discontinued from the website. When products are no longer available after placing an order, Jam Clothing will notify you and you will be entitled to a refund of the amount paid by you for such goods.

Cancelling and ending orders
Jam Clothing 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.
Jam Clothing 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 30-days of the order being delivered.

Fraud
In the interest of preventing fraud, Jam Clothing reserves the right to refuse to process payment for any order and/or to cancel any purchase, partially or completely.
Jam Clothing may request relevant documentation in order to complete relevant fraud checks and cancel any order where the necessary documentation is not provided timeously.
In the event of a fraudulent purchase being placed on Jam Clothing website, cardholders will be advised to initiate a charge back via their bank in order to be refunded. Take note that Jam Clothing will not process refunds for orders suspected of fraud.
Jam Clothing do not provide order details relating to orders suspected of fraud.

Product Pricing
The price of each product will be found on our website. Take note that prices of products may differ from season to season. Whilst Jam Clothing shall exercise all reasonable effort to ensure that the prices displayed of all products are correct at the time of your purchase, if, however, the product is offered at an erroneous price, Jam Clothing will not be obliged to supply the said product at the incorrect price. Jam Clothing shall only be liable to return payment already made by you, in the case where you choose to cancel the sale, once you have been made aware of the correct price.

Method of payment/Security/Privacy
We are committed to providing secure online payment facilities. All online payments are processed via Peach Payments. Peach Payments (Pty) Ltd (ZA), is a registered systems operator and payment gateway. We have ensured via Peach Payment that all sensitive information is secured through automated and manual checks to protect you and us from any possible fraudulent transactions. Card Holders may go to www.peachpayments.com to view Peach Payment's security policy as well as their Privacy policy.
Payment to Jam Clothing may be made using your Visa or MasterCard credit or debit card (that has been activated for online purchases) as well as Instant EFT. Take note that we do not accept Diners and American Express Cards.

Electronic Communications and Transactions Act 25 of 2002 (“The Act”)
The above mentioned Act requires that we as suppliers of goods and/or services for sale by way of an electronic transaction on our website must make the following information available to you our valued customer:
Full Name and Legal Status: MD Trading (PTY) LTD, is a private registered company, retailing in clothing, footwear and apparel, trading as “Jam Clothing SA”
Physical address and contact number, this also being the address we hold for receipt of legal service of documents as well as our place of registration: 29 Livingstone Road, Durban, Kwa-Zulu Natal. Tel: 031 3039670

Our Website and e-mail address: www.jamclothing.co.za and online@jamclothing.co.za

Registration Number: 97/05931/07
 
Use of Jam Clothing Website and Social Media platforms
Jam Clothing is active on Facebook, Instagram, Twitter and other social media platforms from time to time (herein after referred to as “Social Media Platforms”).
You agree to use the Website for lawful purposes only.
You are prohibited from posting or transmitting, by means of reviews, comments, suggestions, ideas, questions or other information through the Website and Social Media Platforms, any content which is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane or amounts to hate speech, or racially, ethnically or otherwise objectionable content of any kind, which content includes but is not limited to:
content that may fall within the scope of Section 9 of the Constitution of the Republic of South Africa, which prohibits discrimination on the grounds of, inter alia, race, sex, gender, marital status, religion; or
content that encourages conduct that would constitute a criminal offence or give rise to civil liability, or otherwise violate any applicable local, provincial, national, or international law; or
content that constitutes an invasion of privacy; or
content that is an infringement of any intellectual property right; or
|content that contains software viruses; or
content that constitutes a political statement, commercial solicitation, or “Spam”.
Although we do not purport to review (nor are we under any obligation to review) any submitted content, we reserve the right to remove any content from the Website and Social Media Platforms where we deem such content, in its sole and absolute discretion, to be an infringement of this clause or harmful in anyway whatsoever. Should you place on or submit to the Website or Social Media Platforms any such harmful content or should you breach any clause in these T&Cs, we may immediately terminate and/or suspend your access to all or parts of the Website or Social Medial Platforms, without any further notice to you.
You also warrant that your identity (in other words, you are who you say who you are), and that you can prove your identity should we require you to do so.
No person, business or website may use any robot, spider, links, mirror or other automatic device or technology, or manual process to monitor, copy or to glean information from this Website or Social Media Platforms or for the collection or use of any listings, descriptions, and/or price lists from the Website or Social Media Platforms for the benefit of a competing merchant that supplies products comparable to those offered on the Website without permission from Jam Clothing.
You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorized company representative.
 
Applicable Law
This Website is controlled, operated and administered from the Republic of South Africa. As such, it is governed by South African legislation.
Access to the Website, from territories or countries where the Content or purchase of the products sold on the Website is illegal, is prohibited
You and Jam Clothing are hereby subject to the non-exclusive jurisdiction of the High Court of South Africa.
Each and every section of these terms and conditions must be read as individual and separable from the rest of the terms and conditions.
Should any court or qualified authority find that any of the terms are invalid or unenforceable then the remainder of these terms and conditions will remain standing, despite invalidity or unenforceable of an individual term.
These Terms and Conditions constitute the entire agreement between Jam Clothing and the User /Customer with regards to the use and content of this Website.
 
Updating of Terms and Conditions
Jam Clothing reserves the rights to change, modify, add or remove from portions or the whole of these Terms and Conditions from time to time, in its sole discretion. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User/Customer’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes. Should you not be satisfied, you must not place any further orders or continue to use the Website in any other way.
 
Copyright and other Intellectual Property Rights
Any and all copyright relating to the website, including these terms and conditions, data, software, icons, texts, graphics, images, video clips, sound clips, names, logos, trade-marks, designs which are displayed on or incorporated in this Website are protected by law, including but limited to copyright and trade mark law. The Website content is the property of Jam Clothing and is licensed to Jam Clothing.
Jam Clothing reserve the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any time and without notice.
Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorized in terms of these by an authorized representative of Jam Clothing or otherwise provided for in law.

Indemnity/Limitation of Liability
The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. Jam Clothing provides no guarantee, implied or otherwise, that the content or technology in respect of this website is free of errors or omissions. Jam Clothing make no warranty or representation as to the availability, accuracy or completeness of the Content. Jam Clothing nor any of its marketing partners shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website.
Furthermore, Jam Clothing cannot guarantee that service will be 100% uninterrupted or faultless. Should you experience any malfunctions and errors then kindly report same to: online@jamclothing.co.za;
Whilst every attempt is taken by Jam Clothing to ensure your security when making use of the Website, due to the nature of the Internet we are unable to guarantee that any products or any websites accessible via the Website will be free of viruses, spyware, malware, Trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt or in any way impede the functionality of your computer system and associated use. You accept all risk associated with the existence of the above, Jam Clothing thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Website. We therefore caution you to check all emails, attachments and files before downloading them.
It is your responsibility, before accepting these Terms & Conditions, 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 website should not be regarded as professional/expert advice, or as Jam Clothing’ official stance. You are encouraged to obtain professional advice before taking any action on the strength on information, ideas or opinions expressed on this site.
We may provide links to other websites, social media sites or resources. We are unable to accept, and do not accept, responsibility for these websites, social media sites or resources; not have we endorsed their content, products or services merely because they are accessible via our Website.
Whilst Jam Clothing shall take all reasonable steps to safeguard the security of any information you input or send to us in connection with our Website, by using secure services and encryption technology where we deem appropriate, we accept no responsibility or liability whatsoever, to the fullest extent permitted by law, for any damages that you may suffer as a result of the breach of the confidentiality of such information.
You hereby agree to indemnify Jam Clothing against any loss, claim or damage suffered, or liability sustained by you or any third party acting for you, due to your or their use of our website and/or any third party websites linked to our website.
We shall not be liable to you in contract, delict (including for negligence) or otherwise: for any amount in respect of any damage or loss arising from the consequences of your use of the Website, viruses received by you via the Website or of our failure to provide the Website in accordance with this Agreement; or for any economic losses or damages, any indirect, special or consequential loss (including (without limitation) loss of data, goodwill or reputation or any wasted expenditure) including but not limited to losses arising from your use of the Website or through any viruses; or for any failure to perform our obligations or failure to perform our obligations properly as a result of our being prevented from doing so by an event beyond our reasonable control (which may include, without limitation, strikes; labor disputes; acts of God; war; riot; civil action; malicious acts or damage; compliance with any law, governmental or regulatory order, rule, regulation or direction; any act or omission of any government or other competent authority; accident; equipment or services failure, including the unavailability of third party telecommunications services, lines or other equipment; the failure of third party suppliers to comply with their obligations to us; fire; flood or storm).

Availability and Termination
We will use reasonable endeavors to maintain the availability and functionality of the Website. Jam Clothing may in its sole discretion and without any prior notification suspend or terminate the operation of the Website or any of its content subject to us processing any orders then already made by you. In the event of scheduled maintenance, we reserve the right to discontinue providing the Website without providing any prior notice to you.

Breach
Should you breach and of these T&Cs we reserve the right to cancel any Order and/or your website registration, notwithstanding our rights to exercise other legal remedies available to us.

Applicable Law
These Terms are governed by the laws of the Republic of South Africa.

Company Details
MD Trading (PTY) LTD, trading as Jam Clothing SA, a company registered in the Republic of South Africa (Reg. No. 97/05931/07, with its registered office for legal service of documents at 29 Livingstone Road, Windermere Durban, 4001.
Telephone Number: +27 31 3039670.
Customer Services:
Website Address: www.jamclothing.co.za