Preamble.
Sevenov Design House cc. (the "Company") sells Garments in accordance with Individual Client
Orders throughout the world under the Sevenov Design House Name.
These terms and conditions of sale are applicable to all sales of Sevenov Design House Items whether
(a) by phone via the Client Services Department of the Company (the “Client Services Department”); or
(b) online via the Sevenov Design House website set up by the Company, identified by the domain
name “www.sevenov.co.za" (the "Website").
(c) any other means, in respect of purchases made by Clients who are individuals acting as
consumers ('consumers' being persons acting outside of the course of their trade or business), for
delivery either to those Clients or any other third party of their choice.
Any sale of Sevenov Design House items are subject to these terms and conditions. By clicking the
button marked "I accept the Terms and Conditions of Sale" before confirming his/her order, the Client
confirms that he/she has unconditionally accepted these terms and conditions.
These terms may be changed and updated from time to time. The terms applicable to an Order by a
Client being those in force on the day of ordering.
The Client is advised to read these terms and conditions carefully before ordering any Sevenov
Design House Items and to print a copy of these terms and conditions for his/her future reference.
Sevenov Design House cc. registered in South Africa under the number 2009/134845/23, whose
registered office is located at:
63 Mulder Street, Florida Park Ext 3. Roodepoort, 1710, Gauteng, South Africa. PO BOX 6901,
ANSFRERE, ROODEPOORT, 1711.
Telephone: 0027 83 999 0586.
Fax: 0027 86 522 7765
E-mail: ClientServices@sevenov.co.za
All information (name, definition, depiction, detailed description) concerning all Sevenov Design House
Items offered for sale on order under these terms and conditions are available on the Website or on
request at the Client Services Department, by telephone at 0027 83 999 0586 or by fax at
0027 86 522 7765, Mondays - Fridays: 08h00 - 16h00 GMT+2
Though the Company takes the utmost care with regards to their online publishing, errors may occur
in, but not limited to, item's names, items' descriptions and the data available on the Website or from
the Client Services Department and their updating.
The Company will not be held responsible for any errors that may occur obtaining information or the
information itself, should any part of it be erroneously displayed or communicated on the Website, at
the Client Services Department or by any other means whatsoever.
4.1 By placing an order via the Client Services Department or the Website, the Client warrants that
he/she is aged 18 or over, is a consumer and has legal capacity to contract.
Orders must be placed in English.
The Company reserves the right to refuse service, terminate accounts, remove or edit content at their
sole discretion.
The Client shall be informed by the Client Services Department or on the Website’s information page
describing each item:
- of the availability of the item;
If despite the Company's attention, the ordered item(s) is/are no longer available, the Company shall
notify the Client by any means (telephone call or e-mail) as soon as possible and reimburse the
invoiced amount if payment has been made, to the Client's bank account no later than 5 working days
after the Order had been placed.
4.2 The Client undertakes to supply the Company with complete, accurate, up-to-date information to
enable the Company to process his/her order in compliance with these terms and conditions.
Should the information be incomplete or incorrect and/or in violation of the terms and conditions, the
Company reserves the right to cancel the order.
When creating an account, the Client is required to provide certain personal data, such as name,
internet login and password, address to invoice, telephone number, e-mail and delivery address
(the "Personal Data"). By confirming an order on the Website or via the Client Services Department,
the Client agrees to the Personal Data being transmitted to the parties necessary for the purpose of
processing the order. The Client further agrees that the Personal Data may also be shared with the
Company's contracted partners, for the exclusive purpose of fulfilling the order.
When creating his/her account, the Client may select to receive the Sevenov Design House Newsletter
with news and information that the Company releases from time to time.
By selecting this option, the Client agrees that Sevenov Design House may use his/her personal data
for the sole purpose of sending the Newsletter. The Client has the right to access, change, correct and
request the removal of his/her Personal Data from the Company's database(s). To exercise these
rights, the Client should e-mail : ClientServices@sevenov.co.za or telephone 0027 83 999 0586.
The personal data collected by the Company on is transmitted to, held and processed by Sevenov
Design House in South Africa in accordance with South African laws.
Please also refer to Clause 15 - Use of Information.
4.3 The Company will refuse any orders exceeding five items, with a maximum of two identical items.
The Company will also refuse orders:
(a) from Clients with whom there is an ongoing dispute concerning payment of a prior order; or
(b) that do not conform to these terms and conditions of sale.
If the Company becomes aware that the order does not satisfy these terms and conditions of sale
(e.g. the wrong delivery address, exceeding the authorised number of items), the Company will
inform the Client by telephone or e-mail within five working days. If the Client fails to correct the
order within five working days, the Company reserves the right to cancel the order.
4.4 All information on the Website is an invitation to treat only (such that by selecting the Sevenov
Design House Items in the Order Form the customer is making an offer to purchase rather than
accepting an offer made by the Company) and is not an offer capable of being accepted. Please refer
to 6.5 below explaining when the contract is formed.
Orders made by telephone should be placed with the Client Services Department on
telephone no.: 0027 83 999 0586, from 08h00 - 16h00 GMT+2 from Monday to Friday.
The Client will not need to supply his/her credit card/debit card number and/or bank details to the
Client Services Department - all payments are to be made by bank transfer.
Once payment has been received the order is transferred to the Company's Order Processing
Department and is deemed accepted by the Company. If payment has not been received within seven
days of receiving an Order, the Company reserves the right to cancel the Order, deeming it void.
Placing an order via the Website shall comply strictly with the procedure described below.
6.1 First step: customer's item selection.
On the Website, the Client selects, enters and confirms the identification and quantity of the items
he/she wishes to order (the availability of which the Company must confirm, if applicable); these
items are added to the Client's "Order Form".
6.2 Second step: reviewing the items on the Order Form.
Online, the Client may freely review and change the details of the items on the Order Form by
removing an item originally selected, changing the quantities ordered or adding an item, by clicking
on the corresponding tools available in the Order Form. The Order Form automatically displays the
price of the items, as defined in Clause 8 below.
6.3 Third step: confirming the selected items and placing the order.
When the Client has finished making his/her selection, to confirm the items on the Order Form,
identification is necessary:
- if the Client already has an account with the Company, via his/her e-mail address (log-in) and password;
- if the Client does not have an account with the Company they will be required to open one.
The Client must also confirm:
- the delivery address, which may be the permanent residence of a third party to whom the Client is
sending the ordered items or otherwise, the address of the company for which that third party works;
- the shipment mode (priority or standard): the added postage expenses for a priority order being
specified at the time. Once all this information has been entered and confirmed, the price of the items,
as defined in Clause 8 below,
and the priority delivery costs are automatically displayed. Once the Client is certain of the details for
that specific order they should click on the "Proceed" button on the Finalize Order page of the website.
6.4 Fourth step: Company's acknowledgement of the Order.
The Company will acknowledge receipt of the Client's order without delay by sending an automated
email to the Client's email address, confirming that their Order has been successfully submitted and
provide them the reference number they should use and the Sevenov Design House Bank Account
details that they may provide payment for their Order. Such automated email is a confirmation that
the Client's order has been placed but does not constitute acceptance of the Client's order.
6.5 Fifth step: Company's Acceptance of the Order.
Sevenov Design House will accept an order only on the following conditions:
- Payment has been received within 7 days following the date that the automated email
(referred to in 6.4.) was sent.
An Order Confirmation letter will be issued by email within 24 hours of payment to verify that your
Order has been accepted. The Client's Order Form is then transferred directly to the Company's Order
Processing Department. We will then commence the making of your Garments. An Order will be
considered void should a Client not provide payment for whatever reason, within 7 days of submitting
their Order. For this reason, while regrettable, we allow several Orders to be submitted for the same
item. Should this item be the last of a Limited Edition Set, we will accept the Order from the Client
who provided payment first.
The Company and the Client e-mails and any automatic saving systems used on the Website and by
the Client Services Department shall count as proof of the agreement between the parties, in
particular as regards the nature and date of the order. The Company shall retain the information
concerning all orders amounting to at least ZAR 800 for 10 (ten) years. The information held can be
made available to the Client on request to: ClientServices@sevenov.co.za.
The Client is advised also to keep a copy (electronic or printed) of the information concerning his/her
online order (e.g. the Company's e-mail referred to in Clause 6.4 above).
The prices quoted by the Client Services Department and displayed on the Website are in ZAR (South
African Rands) and inclusive of VAT, and include packing and standard delivery costs. The billed prices are those in force at the date of ordering. Whilst being as careful and as accurate as possible
regarding the prices displayed on the Website, errors may still occur. If, despite the Company’s
attention, the Sevenov Design House Items have been ordered at an erroneous price, the Company
shall notify the Client by e-mail as soon as possible and offer him/her the following options: either
(a) to reconfirm the order at the correct price or
(b) to cancel the said order and reimburse the billed amount (if applicable) to the Client’s bank
account. For the avoidance of doubt: the Company is under no obligation to provide the Sevenov
Design House Items at the incorrect (lower) price even after the order confirmation e-mail has been
sent and reimbursement of the invoiced amount (if applicable) shall be the Client's exclusive remedy.
On delivery the Client will receive, for each item, written confirmation of the price invoiced to him/her.
The Client's payment for his/her purchases shall be made by Bank Transfer indicating clearly the
reference number of his/her order with his/her transaction.
It is for this reason that we do not require nor request any banking details or credit/debit card
information, and urge Clients for their security, not to provide it.
Items can only be delivered to:
- the Client's permanent residence;
- a delivery address specified by the Client, being the permanent residence of a third party of his/her
choice or,
- the Client's place of work, if located in South Africa;
In no circumstances can delivery be made to a hotel or post office box.
The Client undertakes to supply the exact address of his/her permanent residence when placing the order.
Delivery shall take place after payment of the order is received:
- within 30 days of the date of ordering;
The Company shall deliver the ordered Sevenov Design House Items by standard or express post, as
the Client prefers.
Sevenov Design House will not be held responsible in any way for loss or damage of any Sevenov
Design House Items incurred due to the incorrect or incomplete information provided by the Client.
Risk in the Sevenov Design House Items will pass at the time of delivery.
Ownership of the items is to the Client once they are made since Client orders are only processed and
made once full payment is received and there are no monies owing.
The Client is granted a license for use of the Website, which remains the exclusive property of the
Company, which has created and published online the web pages, images and source scripts and
data. Consequently, the Client shall not broadcast or copy the Website, in whole or in part, in any
form whatsoever. The Company's items and trademarks, as well as all other marks, illustrations,
images, designs and models and logos figuring on the Company's items sold, their accessories or
packaging, whether registered or not, are and remain the exclusive property of Sevenov Design
House. Full or partial reproduction, downloading, alteration or use of these brands, illustrations,
images and logos, designs and models, for any reason and on any medium whatsoever, without the
Company's express prior written authorization is strictly prohibited. The same applies to any
combination or conjunction with any other brand, symbol, logo and generally speaking, any distinctive
symbol intended to make up a composite logo.
Similarly, it is strictly prohibited without the Company's express prior written authorization, to:
- create hyperlinks to any page or item of the Website;
- make any use not in accordance with this Website licence, and particularly, use any part of the
material on the website (items presented, descriptions, price, data, software, graphics, images, texts,
photographs, tools, etc.) for commercial purposes.
The Client has the right to cancel the contract, without need for justification, up to seven working days
after the date of receipt of the said item by the Client.
To exercise his/her right of cancellation before the Sevenov Design House Items have been delivered,
the Client must give written notice to the Company by email to ClientServices@sevenov.co.za. citing
the order reference number and the items to be cancelled. The Billing Price for that item will be fully
reimbursed if the order cancellation is received before 08h00 GMT+2 up to two days after the Order
was accepted or unless work for that item has not commenced.
Because items are made exclusively for their owners, and the Company cannot resell them, the Client
agrees that they will only be reimbursed to a maximum of 66% of the billed price if work on their
garment has commenced to cover part of the costs incurred to make it.
To exercise his/her right of cancellation after the Sevenov Design House Items have been delivered,
the Client must return the delivered item within the stated period, in its original packaging, in the
same condition in which it was delivered to him/her, complete (with accessories, manual or
documentation, warranty document etc.) with a copy of the invoice and the Return/Replacement Form
attached to his/her order, to the address indicated on the form. The Client is recommended to send
the items by registered mail or other method with a guaranteed date and should keep a proof of
return. The costs of returning the Sevenov Design House Items will be borne by the Client. Again,
because items are made exclusively for their owners, and the Company cannot resell them, the Client
agrees that they will only be reimbursed to a maximum of 66% of the billed price to cover part of the
costs incurred to make it.
Reimbursement will be made by crediting the Client's bank account as soon as possible and in any
case within a period not exceeding thirty days from the notification by the Client of the cancellation of
the contract. Items that are returned incomplete, spoilt, damaged, deteriorated or dirty will not be
reimbursed.
When the Sevenov Design House Items are delivered to a third party chosen by the customer, the
right to cancel the Contract under this clause can only be exercised by the Client and cannot in any
circumstances be exercised by the third party.
If any delivered item does not correspond to the order, then the Company agrees to replace the item
or, if this is not possible, refund the Client as set out below. The Client must check that the items
delivered correspond to the order. If any delivered items do not match the order, the Client shall
inform the Company as soon as possible by e-mail (providing the order reference number in the
subject line) to ClientServices@sevenov.co.za, specifying which item does not match the order, and
return the relevant item(s) in its/their original packaging, in the condition in which it was delivered to
him/her, complete (with accessories, notice, warranty document, etc.) and with a copy of the bill and
the Return/Replacement Form to the address given on the form.
Items must be returned by registered post or another secure method with a guaranteed delivery date.
Return delivery costs will be borne by the Company if the non-conformity of an item is confirmed by
the Company/and upon receiving proof from the Client of the delivery costs incurred.
If replacement of the non-conforming item is impossible, or if the Client does not wish to receive a
credit note from the Company, a full refund of the billed price of the nonconforming items will be
made by crediting the Client's bank account on receipt by the Company of the returned items.
15.1 Information that is freely provided:
Information Clients Provide through the website or over the telephone or by any other means for
purposes of opening an account, placing and completing orders or to allow Sevenov Design House to
respond accordingly to any request or inquiry made by the Client or site visitor may be stored.
The Client may choose to withhold specific information but should note that certain information is
necessary for specific functions like opening a Sevenov Design House Account or ordering items.
A Client may edit their Account details at any time using the Sevenov Design House website.
Clients may also terminate their Accounts at any time by emailing the Sevenov Client Services Emissary at ClientServices@sevenov.co.za
In such cases the Client’s personal details will no longer be used by the Company but may still remain
recorded in one or more of our system back-up files as referred to in Clause 7.
15.2 Information that is obtained by our systems automatically:
The Sevenov Design House website may automatically collect usage information from site visitors as
well as Clients. This is to enable the Company to improve the website and its various components and
usability and provide insights for the purposes of improving services and benefit to Clients in future.
Sevenov Design House may share strictly statistical, non-personal data with its partners.
15.3 All Account information is password protected for Client privacy and security.
It is the responsibility of the Client to maintain the confidentiality of their Account and password,
protect against unauthorised access by keeping passwords secure, changing them if they may have
been compromised, and by logging off of the website particularly after making use of a public or
shared computer. The Client accepts responsibility for all activities that occur under their Account.
While Sevenov Design House endeavors in every aspect to protect Client information, the Company
will not be held liable for the security of Client Account information - unauthorised entry or use of the
site, hardware or software failures and any other factors that may compromise the security of user
information at any time. Sevenov Design House accepts bank transfer payments only and does not
require that Clients share any banking details on the Website or with staff.
The Company will not be liable to the Client by way of representation (unless fraudulent), common
law duty or under any express or implied term of the Contract for:
- any losses, which are not reasonably foreseeable by both Parties when the Contract is formed
arising in connection with the supply of Sevenov Design House Item(s) and related services or their
use by the Client;
- any losses, which are not caused by any breach by the Company;
- business or trade losses.
The Company's entire liability in connection with the Contract will not exceed the purchase price of the
Sevenov Design House Item(s) in question. The Company's liability to the Client for death or personal
injury resulting from the Company's negligence or that of its employees, agents or sub-contractors is
limited to the purchase price of the Sevenov Design House Item(s) in question.
The Company will not be responsible for any failure to perform or, delay in performance of, any of its
obligations under a contract that is caused by events outside its reasonable control (Force Majeure
Event). In this context, Force Majeure Events include (without limitation) war, riots, insurrection, social
unrest, computer or telephone or electricity failures, severe disturbance in the security and coherence
of the Internet, technical failures, unauthorised access and/or intrusions into the Website's secure and
encrypted servers, strikes of all natures and Company procurement problems.
The Company shall inform the Client of such a Force Majeure Event within seven days of its
occurrence. If the Force Majeure Event continues beyond fifteen days, the Client may cancel the order
in progress, which will be reimbursed by the Company as rapidly as possible by crediting the Client's
bank account.
The failure by the Company to enforce one or more of the provisions of these terms and conditions of
sale does not constitute a waiver of such rights or remedies and shall not relieve the Client from
compliance with such obligations.
If any of the provisions in these terms and conditions is declared wholly or partly invalid, unlawful or
unenforceable, the other provisions and other rights and obligations resulting from these terms and
conditions will remain valid to the fullest extent permitted by law.
The laws of South Africa govern these terms and conditions.
Any dispute arising from, or related to, these terms and conditions shall be subject to the non-exclusive
jurisdiction of the South African courts.
Sevenov Design House cc.
63 Mulder Street
Florida Park, Ext.3
Roodepoort, 1710
Gauteng, South Africa
March 29th, 2010