TERMS & CONDITIONS

Thursdays.co.za (“Thursdays”) provides the information contained on this website (“website”) and advertises and sells the products to you (“the Customer”), subject to the terms and conditions set out herein (“the terms”). For the purposes of these terms, “products” means those items offered for sale on Thursdays.co.za from time to time.

1. Acceptance

By accessing and/or using the services offered via the website, the Customer agrees to be bound by the terms, as modified from time to time. Thursdays may at any time modify any of the terms and such modification will supersede and replace any previous terms.

2. Content of the Website

Whilst every effort is made to update the information provided on this website on a regular basis, Thursdays makes no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of any information, data and/or content on the website from time to time. Thursdays reserves the right at any time to change or discontinue any aspect or feature of the website and any information, data and/or content on the website without notice. Thursdays may modify or discontinue from time to time, whether permanently or temporarily, any or all of its services with or without any notice and shall not be liable to any party for any such modification or discontinuance of our services.

3. Availability of stock

It is agreed that because of the nature of the Internet, the items on our website are presented as is and shall be provided to the Customer if stock is available. Thursdays shall not be liable if it is unable to supply a particular item, however Thursdays shall ensure that an item is supplied to the Customer which shall be as similar as possible to the original item requested.

4. Orders

Orders must be placed via email or via the thursdays.co.za website. Thursdays assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

For any questions regarding your orders with Thursdays.co.za, please contact our team at orders@thursdays.co.za or +27 84 807 6990.

5. Verification

The Customer hereby agrees that all instructions, consents, orders and other communications which purport to originate from the Customer or a person who had authority to act on the Customer’s behalf to operate automatically (unless it is proved that such information system did not properly execute such programming) (collectively “the originator”) and which are sent to thursdays.co.za electronically and which may (as a result of interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the instructions actually sent or given, or may not have been given by the Customer at all, shall be deemed to have been given by the originator in the form actually received by thursdays.co.za and the Customer will be bound by such instruction with no liability of whatever nature attaching to thursdays.co.za in regard thereto.

The Customer waives any rights that the Customer may have or obtain against Thursdays arising directly or indirectly from any loss or damage of whatsoever nature which the Customer may suffer as a result of the fact that Thursdays acts on the Customer’s instructions/orders or instructions/orders purported to emanate from the Customer and the Customer indemnifies Thursdays against all and any claims, liabilities, losses, costs, fines, damages and expenses incurred (whether directly or indirectly) by the Customer, arising as a result of the fact that Thursdays has acted on the Customer’s instructions/orders or instructions/orders which purported to emanate from the Customer.

6. Orders, confirmation and postage

Items will only be posted to the delivery address selected subject to availability and on receipt of full payment. Returns and exchanges are detailed in the Returns and Exchanges Policy.

Thursdays reserves the right to cancel the order on notice to the Customer. Receipt of a confirmation of the order (which constitutes acceptance by Thursdays to process the order) will be sent to the Customer once we receive the Customer’s order. Please note that a transaction to purchase a product will only be deemed to have been concluded once the product in question has been paid for and posted/collected in accordance with the selected postal option.

Delivery times are estimates only and Thursdays is not liable for any late deliveries. We reserve the right to verify the identity of any Customer. All orders shall be executed within the time period stipulated by Thursdays. Thursdays shall notify the Customer should any products be unavailable for any reason whatever. Thursdays reserves the right to add an insurance cost to orders above a certain value.

7. Payment

Payment shall be made by electronic or bank transfers directly into Thursdays’s bank account. Orders will not be placed until money has cleared in Thursdays’s bank account in full. Customers are to use their invoice number as a reference when making payment.

Bank Details:
Bank Name: FNB
Branch Code: 250655
Account No: 62569519534
Name of company: K2015372187(SOUTH AFRICA) PTY LTD

8. Compliance with Section 43(1) of the Electronic Communications and Transactions Act of 2002 (“ECT Act”)

In compliance with section 43(1) of the ECT Act, please note the following –

8.1 Full name: Thursdays Lingerie and Swimwear
8.2 Postal Address: 14 Festival Court, 7 Pinewood Road, Rondebosch, 7700
8.3 Telephone number: +27 84 807 6990
8.4 Website address: https://thursdays.co.za
8.5 Registration number: 2015 / 372187 / 07
8.6 Country of incorporation: South Africa
8.7 Members: Shona Macdonald
8.8 The Customer may request a record of their transactions for up to 90 days, after which we will not be obligated to keep any records of the Customer’s transactions.

9. Privacy and Security

All personal information obtained by Thursdays a by virtue of the Customer’s use of this website is protected as set out in our privacy policy. Further, the security processes and procedures used by Thursdays to protect information transmitted via the website are also set out in the privacy policy.

10. Intellectual Property Rights

Copyright and all intellectual property rights in all materials, texts, drawings and data made available on this website (collectively “the materials”) are owned by Thursdays alternatively, Thursdays is the lawful user thereof and are protected by both South African and international intellectual property laws. Accordingly, any unauthorized copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such material or any component thereof will constitute an infringement of such copyright and other intellectual property rights.

11. Unlawful use

The Customer shall not use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and the Customer hereby indemnifies Thursdays against any loss, liability, damage or expense of whatever nature which Thursdays or any third party may suffer which is caused by or attributable to, whether directly or indirectly, the Customer’s use of the website to send or post any message or material as aforesaid.

12. Use of the Website

Thursdays does not make any warranty or representation that information and products advertised on the website are appropriate for use in any jurisdiction. By accessing the website, the Customer warrants and represents to Thursdays that the Customer is legally entitled to do so and to make use of information and purchase the products made available via the website.

13. Cancellation

If for any reason the Customer needs to cancel an order, the Customer can do so by contacting Thursdays via support@thursdays.co.za. The Customer may be charged a handling fee of up to 20% of the invoiced amount.

14. Domicilium

The address for service for all purposes relating to these terms of use including the giving of any notice, the payment of any sum, the serving of any process, is the address set out in these terms and conditions. Thursdays shall be entitled from time to time, by giving notice to the Customer to vary its physical address for service to any other physical address within the Republic of South Africa.

15. General

15.1 The terms constitute the sole record of the agreement between the Customer and Thursdays in relation to the subject matter hereof. Neither the Customer nor Thursdays shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. These terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between the Customer and Thursdays in respect of the subject matter hereof.

15.2 Thursdays shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these terms.

15.3 Should Thursdays be prevented from fulfilling any of its obligations to the Customer as a result of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as Thursdays is so prevented from fulfilling them and the Customer’s corresponding obligations shall be suspended to the corresponding extent. In the event that force majeure continues for more than fourteen days after it has first occurred then Thursdays shall be entitled (but not obliged) to terminate all of its rights and obligations in terms of or arising out of these terms by giving notice to the Customer.

15.4 These terms shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law.

15.5 A certificate issued by an administrator of this website shall constitute prima facie proof of any fact related to this website, including but not limited to which version of the terms and conditions govern a particular dispute and what content was published or functionality was available on the website at a specific point in time.

15.6 The deeming provisions of the ECT Act are excluded to the extent that no message shall be deemed to have been received by us unless we acknowledge receipt thereof in writing. This does not detract from the fact that if the Customer submits an order more than once the Customer may have concluded a double transaction for which the Customer will be liable and that a transaction will only be deemed to have been concluded between the Customer and Thursdays on delivery/collection of the product.