Introduction

www.thulasindi.com ("the site") enables buyers to shop for items including clothes ("the products") online. All visitors to the site ("users" or "you") will be able to see the products on offer, but only those who have registered for an account on thulasindi ("thulasindi account holders” or “you”) are able to buy.

Legally binding contract

All users and account holders, including those that buy from the site ("buyers") are bound by these terms and conditions ("Ts & Cs"). By registering, or using the site at all, you recognise that you've read and accepted these terms and conditions.

With whom are you entering into a contract?

The site is owned and run by Thula Sindi, registration number 1950/038385/06, a company incorporated in the Republic of South Africa (herein after referred to as “thulasindi”). More information about thulasindi is available at the end of these terms and conditions.

Buying products

The site allows you, the user, to place electronic orders ("order") for one or more products on offer as long as such products are available and not sold out. 

A purchasing contract ("sale") between you and thulasindi only comes into effect once you have fully completed AND submitted the online order form for one or more products in your basket ("shopping cart") AND your payment has been authorised by thulasindi (or has been received into thulasindi's bank account). The above is dependent on the product being available. 

Products on thulasindi cannot be reserved to be bought at a later stage, and placing an item in your basket without completing the order does not amount to a sale or an order. This means that thulasindi may remove any item from your basket before the sale actually takes place in the event of the product going out of stock. 

thulasindi cannot be held responsible if an order has become unavailable by the time you try to complete a purchase at a later stage. The invoice for your purchase will be available online in the "My Account" section on the site. A copy of this invoice will be included in your parcel.

Cancelling and ending orders

thulasindi reserves the right, in the interest of preventing fraud, to refuse processing of payment for any order and/or to cancel any purchase, partially or completely, with notice given to you. thulasindi 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 item(s) purchased.

What you pay for

The price of each product is given in the product information. In case of a sale or special offer, the discount price is shown. In the case of a sale, two prices are indicated alongside each product, as follows: 

Purchase price 
The price that has not been crossed out, is the price you pay if you buy the product from spree. RRP (regular retail price): The other price (indicated by the crossed-out RRP) is the supplier's usual ("RRP") and is given purely as an indication of approximately how much you save by buying the product from spree. The RRP shown is determined according to the market and prices of other suppliers. Please note that RRPs can change over the course of several seasons over which the product may be sold. The RRPs applicable at the time the product is introduced may differ from the supplier's RRP at the time of your purchase. As such, thulasindi offers no guarantee whatsoever regarding accuracy of any RRPs displayed. 

Delivery fees 
thulasindi delivers free of charge within South Africa, either door to door or door to counter depending on the delivery address. Irrespective of the delivery location,thulasindi aims to deliver within 6 working days. Door to door deliveries are sent to a street address. No PO Box deliveries are done. Door to counter deliveries are sent via Speed Services to the relevant post office based on the delivery address. The post office will notify you when the parcel is available at the post office for collection. Within South Africa, if you don’t qualify for free door to door delivery based on your delivery address, you can opt to pay a R200 fee for door to door delivery. You can select this delivery option during the checkout process. thulasindi delivers door to door in Namibia for a fixed delivery fee of R350 per delivery (excluding customs and import duties). Delivery to Namibia will take within 10 working days. 

Errors 
thulasindi makes every reasonable attempt to display purchase prices and delivery costs accurately. If, however, the product is offered at an erroneous price (or an incorrect delivery cost is displayed), thulasindi will not be obliged to supply products at the incorrect price/delivery fee. thulasindi will only be liable to return payment already made by you in the case you choose to cancel the sale once you have been made aware of the correct price/delivery fee.

Paying by credit card

We accept payments made by Visa and MasterCard credit and debit cards, as well as EFT. When you place an order, the transaction details are presented to the bank for authorisation of the payment amount. If authorisation is not obtained, the order is cancelled. If authorisation is obtained, payment is usually immediate. You guarantee that you are fully authorised to use the credit card for payment of your order and that there are sufficient funds in this credit card account to cover the costs of any transactions you complete on thulasindi.

Paying by EFT

In the EFT process, be sure to use your order number as payment references. Note you have 24 hours to pay once you've placed an order. We'll start processing the order once your bank forwards your payment to us, but depending on the bank it can take up to 3 days.

Delivery

Place of delivery 
thulasindi delivers within business hours in the Republic of South Africaa. As buyer, you indicate where in South Africa you require delivery, as well as contact numbers to be used in connection with delivery. Your parcel will be delivered to the address you specify in the checkout process. 

In the case of door to door delivery, if nobody is present at the address at the time of delivery, our courier will on the second attempt of delivery use the mobile phone number you provided in your order and/or leave a note (in the letterbox if a residential address) to indicate that there was an attempted delivery. The courier will try once more, and if at that time there is still no one to sign for the parcel, it will be your responsibility to call the thulasindi call centre (0861 999 501) or send an email to thula@thulasindi.com to arrange delivery. If you don't contact the thulasindi call centre within 5 working days of the courier attempting the second delivery, the courier will return the parcel to spree, and we will contact you via email to discuss potential redelivery at your own cost. If this attempt does not succeed within a reasonable amount of time, thulasindi will simply reimburse you. 

Delivery time and delays 
Unless we inform you otherwise, before you place your order and before the final confirmation, the estimated maximum delivery time for an order in South Africa is 6 working days. Deliveries are made to street addresses or to your nearest post office, therefore no deliveries to PO Box addresses. Delivery to an address in Namibia is estimated to take maximum 10 working days. All thulasindi deliveries take place during business hours i.e. there are no deliveries over weekends or on public holidays. Please take this into consideration when selecting your delivery address. 

Delivery completed 
A delivery is considered complete as soon as the parcel is handed to an individual at your specified delivery address, or you are notified that the parcel is waiting for you at the post office. This also applies when the package has been handed over by the courier, as indicated in the courier's tracking system. It is your responsibility, as buyer, to ensure that you or the intended receiver of the gift (when applicable) inspect(s) the parcel on arrival and makes known any justifiable complaints. The receiver has the right to refuse the parcel if it appears to have been opened or if it has clearly been damaged. Such complaints and claims must be brought to the attention of thulasindi by calling our call centre at +27 82 847 6137 (Monday to Friday, 08:00 to 17:00). 

Lost parcels 
If neither the depot nor the tracking system (under "My Account > Order History") provides any indication where the parcel is, you need to call the call centre at 
+27 82 847 6137 or send an email to thula@thulasindi.com. 
If the parcel is found, it will be sent to the specified delivery address by the usual procedure, as set out in the delivery clause. 
If the parcel is declared lost, thulasindi will notify the buyer and reimburse the buyer for the lost parcel (to the amount of the product purchase price and any relevant delivery fee).

Sales records

Complete records of each transaction between you and thulasindi are kept on the site for 12 months after a particular purchase or related transaction. During this time, you'll be able to view and print out these records. After the 12-month period the responsibility of keeping such record falls onto you.

Privacy

thulasindi has to take all reasonable steps to protect your personal information. For the ends of this clause, ""personal information"" is defined according to the details in the Promotion of Access to Information Act, number 2 of 2000 (PAIA). 
thulasindi is authorised to gather, store and use the following of your information: 
Name and surname
Date of birth
Sex
Citizenship
Nearest city
Non-personal click patterns
Email address
IP address, and
ID or passport number
thulasindi is entitled to gather, store and use the above information for the following purposes:

• To greet you when you access the site
• To inform you (if you have agreed to this) of facts regarding your access and use of the site
• To inform you (if you have agreed to this) of competitions and promotions offered by thulasindi or its partners
• To set up non-personal statistics about internet habits, click patterns and access to the site
• To verify your identity when you make a transaction through thulasindi.com
• To ensure the products are received by the addressee
• For remarketing purposes
• The above information is either gathered electronically through the use of ""cookies"", or provided by you voluntarily. You can regulate the use of ""cookies"" independently with your personal search engine settings
• You can choose to not receive any direct marketing information from thulasindi and its partners

thulasindi is entitled to gather, store, compile and share any information gleaned from you, subject to the following conditions: thulasindi may not make any of your personal details public unless you have agreed to it, or unless it is required for the purposes of any judicial process. 

thulasindi may compile, use and share any information that has no bearing on any particular individual, and thulasindi owns and reserves the right to non-personal statistical information gathered and complied by thulasindi. You acknowledge and agree that certain personal information (such as your full name, delivery address, email address and contact details) may be passed on to the courier company to ensure delivery of the products you have bought."