Terms & Conditions and conditions

CONDITION OF ITEMS:

We are committed to selling only the highest quality secondhand items. We carefully evaluate each item to determine its overall condition and quality. Anything with excessive signs of wear does not make it to our store - which means that you can shop with confidence.

To see an item's condition head over to the item's listing page and you'll see the condition on the right side of your screen in the Item Details section. Below are the different item conditions:

Excellent: This item is practically new. It shows no obvious signs of being worn or washed.

Very Good: This item shows no major flaws. Due to being worn or washed, there may be light fading or pilling in areas such as the knees, seams, and hems. Hardware may also have light scratches.

Good: This item has clearly been worn but is still in good condition. There may be minor signs of wear such as small holes, light pilling, fading, or stains.

Note on zippers: We will disclose if a zipper is broken - the price will be adjusted to compensate for this and thus allow the buyer to have the zipper replaced or fixed.

If an item arrives not in the condition we listed, please send us an email. We want to make things right.

SIZING OF ITEMS:

Because we list items from hundreds of different brands, sizes may vary. All items will have a size listed. However, sizes between brands aren't always consistent. While we inspect items for quality and have very high standards, it's possible that some items could have stretched or shrunk slightly, and that could affect fit. Many items will have measurements listed in the description - please use those.

SHIPPING:

We use The Courier Guy, Fast Way, PUDO and/or PAXI for delivery depending on your location and the size of your order.

RETURNS:

All returns must be postmarked within 5 days from the date of delivery of an item.

To qualify for a refund, all items must be in the same condition in which you received them.

All items are subject to a R 50 restocking and handling fee.

Original shipping charge is not refunded when returning items.

The buyer is responsible for the return shipping.

Final sale items are not returnable.

Use of the Services and Products

If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Smukza.co.za and its affiliates reserve the right to, in its sole discretion, refuse service, terminate accounts, remove or edit content, or cancel orders. If you become aware of any unauthorized use of your password or of your account, you agree to immediately notify Smukza.co.za by emailing us at info@smukza.co.za. You will not reproduce, duplicate, copy, modify, sell, lease, rent, trade, distribute or resell the Services and Products for any purpose, or create any derivative works based on the Services and Products in any manner. Smukza.co.za will not be held responsible or be liable for associated costs of any injuries that may occur during use of our products.

Third Party Providers

Smukza.co.za may from time to time include in Services and Products certain third party content or links to third party websites (each, a “Third Party Provider”). Such content and websites contained therein are owned by the Third Party Providers (or by other persons or companies on their behalf). Smukza.co.za may at any time and from time to time change, add or remove Third Party Providers from the Services and Products, in its sole discretion and without prior notice to you. We have no control over the websites, products or services of Third Party Providers. We do not endorse or evaluate the websites, products or services of Third Party Providers (or any advertising or links on any such websites) and we assume no responsibility for the actions or omissions of any Third Party Providers. Smukza.co.za is not responsible for examining or evaluating the content or accuracy of any Third Party Providers, and Smukza.co.za does not warrant and will not have any liability or responsibility for any Third Party Providers’ materials or websites (or for any other materials, products, or services of third parties). Without limiting the foregoing, you agree that Smukza.co.za is not liable for any loss or damage which may be incurred by you as a result of: the content and/or websites of Third Party Providers; your use or purchase of any websites, products or services of Third Party Providers; the availability, quality or safety (including both design and manufacturing) of the products or services offered by Third Party Providers; and the accuracy and thoroughness of the descriptions of any such products or services provided by Third Party Providers.

Responsibility

Smukza.co.za takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.

Sale of Products

Smukza.co.za relies upon a network of independent vendors who supply some of the materials used in making the products & of some of the products displayed on the Site. Our independent Vendors are solely responsible for the products featured on the Site. Without limitation, Smukza.co.za is not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of products featured on or advertised through the Site or by email. Nothing on the Site shall be deemed to confer on any person any license or right on the part of Smukza.co.za or any supplier with respect to any such image, logo or name.

Risk of Loss

The items purchased from our Site are handled by third party carriers pursuant to a delivery contract. As a result, risk of loss and title for such items may pass to you upon our delivery or delivery by our independent vendors, to the carrier.

No Liabilities

Smukza.co.za relies upon a network of independent vendors who supply some of the materials & goods displayed on the Site. Notwithstanding anything to the contrary contained in these Terms and Conditions, Smukza.co.za shall have no liability for any loss, damage, cost, claim or penalty of whatsoever nature, including but not limited to indirect and consequential damages and loss of profits, however arising out of or in connection with these products the user purchased on the Smukza.co.za website, whether caused by latent or patent defects of independent vendors. The User hereby indemnifies Smukza.co.za and its affiliates and holds it harmless against any and all liability, loss, damage, penalty, cost or claim of whatsoever nature suffered by any third Party in relation to any act or omission caused by the Independent Vendor or it employees, representatives, agents or assigns or any third party in relation to the products the user purchased on the Smukza.co.za website.

Intellectual Property

All content and products included in the Services and Products (including without limitation images, icons, text, graphics, logos, data compilations, software, designs, videos etc.) (collectively referred to as “Content”) is the property of Smukza.co.za or its content suppliers and protected by international copyright laws. You agree that you will not use any of the intellectual property, proprietary information or other materials contained in the Services in any way whatsoever except for use of the Services and Products in compliance with these Terms.

Disclaimer of Warranties

The products and services displayed on our site are provided without any guarantees, conditions or warranties as to their accuracy. There is no assurance or guarantee of satisfaction with the products or services offered on the site. The services, this site and all information, content, materials, products and services included on or otherwise made available to you through the site (and websites of third party providers) are provided by Smukza.co.za on an “as is” and “as available” basis. Smukza.co.za makes no representations or warranties of any kind, express or implied, as to the operation of the services or this site or the information, content, materials, products or services included on or otherwise made available to you through this site, unless otherwise specified in writing. You expressly agree that your use of this site is at your sole risk.

Limitation of Liability

Subject to section 8 above, you expressly understand and agree that Smukza.co.za, its affiliates and licensors shall not be liable to you for: any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.

Release and Indemnity

If you have a dispute with any independent vendor or third party provider, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Revision of the Terms

We may amend the Terms from time to time by posting amended Terms on the Site. Except as otherwise stated in any such posting, all amended terms shall be effective immediately. Additionally, we may notify you through email or otherwise of such amended terms.

Disputes

Any dispute relating in any way to your visit to the Site shall be submitted to confidential binding arbitration and governed by the Arbitration Act 42 of 1965.

Privacy Statement

Your privacy is important to Smukza.co.za. This privacy statement provides information about the personal information that Smukza.co.za collects, and the ways in which Smukza.co.za uses that personal information.

Personal Information Collection

Smukza.co.za may collect and use the following kinds of personal information: information about your use of this website information that you provide using for the purpose of registering with the website information about transactions carried out over this website information that you provide for the purpose of subscribing to the website services any other information that you send to Smukza.co.za

Using Personal Information

Smukza.co.za may use your personal information to: administer this website; personalize the website for you; enable your access to and use of the website services; publish information about you on the website; send to you products that you purchase; supply to you services that you purchase; send to you statements and invoices; collect payments from you; and send you marketing communications. Where Smukza.co.za discloses your personal information to its agents or sub-contractors for these purposes, the agent or sub-contractor in question will be obligated to use that personal information in accordance with the terms of this privacy statement. In addition to the disclosures reasonably necessary for the purposes identified elsewhere above, Smukza.co.za may disclose your personal information to the extent that it is required to do so by law, in connection with any legal proceedings or prospective legal proceedings, and in order to establish, exercise or defend its legal rights.

Securing Your Data

Smukza.co.za will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information. Smukza.co.za will store all the personal information you provide. Information relating to electronic transactions entered into via this website will be protected by encryption technology.

Updating This Statement

Smukza.co.za may update this privacy policy by posting a new version on this website. You should check this page occasionally to ensure you are familiar with any changes.

Other Websites

This website contains links to other websites. Smukza.co.za is not responsible for the privacy policies or practices of any third party.

If you have any questions about this privacy policy or Smukza.co.za treatment of your personal information, please get in touch with us at info@smukza.co.za.