Please take a moment to read the terms and conditions of our website to ensure you fully understand how they apply to your online purchases.

If you have any questions regarding our website, the Terms and condition and / or our products, please contact us.

These terms & conditions Apply to Refract Marketing (Pty) Ltd trading as 8th Avenue – Reg. no 2014/117348/07

GOVERNING LAWS

The use of this site is subject to the following terms and conditions as well as the governing laws of South Africa. Consumers who make use of this site agree to these terms. If not, consumers are requested not to use this site.

Consumers engaging in online purchasing are to familiarise themselves with the Electronic Communications and Transactions (ECT) Act - you can read this at http://www.internet.org.za/ect_act.html

Please note that the ECT Act contains provisions specific to consumer and retailer rights and responsibilities which overrule certain provisions within the Consumer Protection Act.

GENERAL TERMS

All orders will only be confirmed and commerce processing once FULL payment has been received.

All goods remain the property of 8th Avenue until paid for in full.

All prices on the website, online store and Facebook are subject to change – correct prices will be indicated on the invoice.

Prices on the online store take preference over all other prices published on and in any other marketing formats.

8th Avenue is a VAT registered vendor and as such all prices are inclusive of VAT.

VAT no 4060268705.

PAYMENT TERMS

  • All payments will be processed in South African Rands (ZAR)

  • Purchases made via the online store must be paid for using the payment gateway.

  • Payfast, our secure payment gateway, accepts payments via card (Mastercard and Visa) or EFT.

  • Payfast does not allow purchases of R5000 or more to be paid for via card, only EFT.

  • Confirmation of payment will be emailed to you from Payfast as soon as payment is cleared. Delays of clearance may occur due to banking systems being offline.

  • For international cards, please ensure that these cards are cleared by your financial institution for international purchases.

Should you experience problems with the payment gateway (PAYFAST) please contact us to arrange for an EFT payment to be made. Email your request to – orders@8th-ave.com – and we will respond with the banking details to which payment can be made.

Purchases made telephonically or by email:

  • An invoice will be generated and emailed to the client

  • Payment must be made via EFT within 48 hours or in cash upon collection. Our banking details are on all invoices. Proof of payment is to be emailed to us.

  • Failure to make payment within 48 hours cannot guarantee the purchase of the item for the client. Items not paid for within the 48 hours will be put on sale again.

  • Payment will be deemed as made once it has reflected in 8th Avenue's bank account. Please take this into account when making your payments.

Full payment is required on all special orders before 8th Avenue will order such items for a client

A contract is concluded between 8th Avenue and the client the moment we send you confirmation by e-mail that the ordered goods have been dispatched to you. Only those goods listed in the confirmation e-mail at the time of dispatch will be included in the contract.

DELIVERY TERMS

  • Orders over R400 qualify for free shipping within South Africa!!

  • For orders less than R400 courier charges relevernt to area of delivery will be charged.

  • Shipping rates may vary during sales or special offer periods

  • 8th Avenue reserves the right to use their preferred courier service depending on your location.

To ensure that your goodies get to you safe and sound (and on time), 8th Avenue makes use of door-to-door courier (main centres) or Postnet-to-Postnet courier (outlying / regional areas) services. We do not use the SA Postal service. You will be notified upon dispatch of your order and rest assured - we can track your packaged every moment as it makes it way to you.

Main centres are classified as:

  • Gauteng - All cities and towns within

  • Free state – Kroonstad, Welkom, Bloemfontein

  • KwaZulu-Natal – Ladysmith, Pietermaritzburg, Durban (and surrounding suburbs), Richards bay, Port Shepstone

  • Limpopo – Bella Bella, Polokwane

  • Mpumalanga – Witbank, Middelburg, Nelspruit

  • North West – Brits, Rustenburg, Potchefstroom, Klerksdorp

  • Western Cape – Cape Town and surround suburbs, Stellenbosch, Somerset West, George

  • Northern Cape – Kimberly

  • Eastern Cape – Port Elizabeth, East London,

All other towns and cities are classified as regional areas and will be sent to the closest Postnet, unless the client selected the additional courier charge for door-to-door at the checkout stage.

Farm addresses and rural areas will also be sent to the closest Postnet, unless at checkout the client selected the additional courier charge for door-to-door.

International delivery to neighbouring countries can be arranged as 8th Avenue is a licensed exporter.

Courier fees are subject to change due to supplier charge increases. Correct courier fees will be reflected on your invoice.

You will be notified once the order has been dispatched and a reference number will be given to you. Orders will take approximately 5 to 7 working days from date of dispatch to the client (please note NOT date of order)

8th Avenue uses the services of reputable courier service companies to ensure the timeous delivery of orders. However, unforeseen circumstances may cause delays. Should these circumstances arise, 8th Avenue will assure you of its best efforts to get your order to you, however we cannot be held liable for such delays.

Please provide for extra delivery time over public and / or religious holidays.

Delivery will not be made with cash orders – cash ordered are strictly conducted on a customer collection basis only.

Please ensure that the delivery address entered is correct. If the address is not a postal but a physical address, make sure that someone will be available to receive the order at all times (work address). If the courier is unsuccessful in his attempt to deliver the ordered goods and the order is returned to 8th Avenue, you will be charged an additional handling fee.

8th Avenue does not take responsibility for stolen items, late deliveries or damage caused during the courier of the items. We will ensure that the order is packaged is wrapped as best as possible.

Should you wish to use your own courier services to collect your order from 8th Avenue, we will gladly assist. We however do not take responsibility what so ever for the order once the courier service has collected the items. Missing or stolen items, late deliveries or damage caused during the courier of the items with not be subject to replacement or refund.

RETURNS

AS per the ECT Act - consumers have a general right to return (a ‘cooling off period’), for seven days after delivery, for any reason, without penalty, but the consumer will be liable for the costs of returning the goods.

If you are not satisfied with any of the products you have bought from us, please notify us at orders@8th-ave.com within 7 working days of receiving your order.

We will arrange to have the product returned to us via our preferred courier within 2 weeks from date of the notification email.

A R150 ex VAT administration fee will be levied against the credit note as well as the cost of courier (original cost of sending as well as cost of returning).

In the event of an exchange for another product due to personal preference (be it for another size, different colour or different product all together), the client will also be liable for the R150 ex VAT administration fee as well as the return courier and courier fee for the replacement product.

Returned items must be returned unused and undamaged, in the original packaging and accompanied with the original invoice. If the original packaging is damaged, please ensure the goods are properly package to ensure that damage does not occur during the return courier.

8th Avenue reserves the right to refuse to refund or exchange a product should it be deemed that the product has been used or is not in a condition fit for resale OR products that you or any other person has altered, repaired, incorporated or added to where such alteration, repair, incorporation or addition has not been authorised by 8th Avenue.

However, returns of defective goods will be at no charge to the client.

As per the Consumer Protection Act, all products have a standard 6 month manufacturing warranty. Defective items may be returned to 8th Avenue within this period for either repair, replacement or refund.

If the product is found NOT to be defective and is commercially acceptable, you will NOT be entitled to any repair, replacement or refund but will instead be liable for the costs incurred in having had such product returned to 8th Avenue and well as the costs of redelivering the product back to you.

A product is NOT defective and you will NOT be entitled to any, replacement or refund under the general warranty above if:

(a)    The faults/damage are a result normal wear and tear;

(b)    damage arising from incorrect usage of the product;

(c)     the item has a reasonable amount of manufacturing or production imperfections, but is acceptable in accordance with the generally accepted commercial practices.


The decision to repair, replace or refund the client remains at the discretion of 8th Avenue and their respective suppliers.

Once we have received the returned product, we will either repair or replace the product within 30 days or refund you in full for the item within 14 days.

Due to the natural handmade nature of some products – products may differ slightly from the images as on the online store. Every effort has been made to accurately show the size and colour of the products but colours may vary from the pictures. 8th Avenue may not be held liable for product variations.

Jewellery will not be replaced or refunded. All jewellery that is not sterling silver should be treated as such. It cannot be resized nor should it be subject to harsh chemicals, perfumes or continuous water exposure.

Returns, refunds and exchanges will not be permitted on sale and / or clearance items

Returns, refunds and exchanges will not be permitted on any custom made or special order products.

All refunds or exchanges will be granted at 8th Avenue’s discretion.

8th Avenue's liability is limited to the replacement of defective products. Products damaged due to normal wear and tear or due to negligence will not be refunded or replaced.

STOCK SHORTAGES

All items are subject to availability.

Every effort has been made to keep the online store as up to date as possible and to ensure that 8th Avenue can fulfil your entire order but mistakes can happen.

If you order a product that is not available you will be contacted immediately. The following will thus apply:

  • Should it be possible, a product will be ordered for you from the supplier. This may result in a delay of delivery. You can opt to have the items available delivered immediately and the ordered product delivered at a later stage OR the entire order can be held back until it can be delivered as one.

  • A suitable alternative will be suggested to you – you may choose to accept this or not

  • Should you not be happy with options 1) and 2) we can issue you with a refund for the specific items that are not available.

Use of Site

This site may not be used for any purpose other than to browse the content, and or to make lawful purchases. This site is protected by copyright law and the content provided may not, under any circumstances, be copied, reproduced, republished, uploaded, posted, transmitted or distributed, without the written consent of the board of directors. This includes all images, product descriptions, page content, blog content and so forth. Unauthorised use of this site and / or its content may lead to the infringement of copyright, trademark and / or intellectual property rights.

By the use of this site, users understand that all the designs and trademarks are registered to 8th Avenue and hereby accept the terms and conditions. Furthermore, users undertake not to copy / duplicate the trademarks and designs directly or indirectly in anyway and understand the legal implications thereof. Should a user be found to be in violation of this agreement, they will be held liable for all legal costs incurred by 8th Avenue for any civil action or any legal action deemed necessary against the user.

8th Avenue reserves the right, to monitor any activity and content associated with this site. Furthermore, 8th Avenue may investigate any reported violation of these terms and conditions as well as any complaints received and may will not hesitate to take action where deemed appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to a user’s access and / or removing any materials from the website).

Disclaimer of Warranty

The contents of this site are provided “as is” without warranty of any kind, either expressed or implied, including but not limited to warranties of merchantability, fitness for a purpose and non-infringement.

Parties connected to and involved with this site, including but not limited to, the owner, the authors of contents, suppliers and other providers of content (hereafter collectively referred to as “Parties”, assume no responsibility for errors or omissions in these contents.

All parties further do not warrant, guarantee or make any representation regarding the safety, reliability, accuracy, correctness or completeness of these contents. Parties shall not be liable for any direct, indirect, general, special, incidental or consequential damages (including -without limitation- data loss, lost revenues and lost profit) which may result from the inability to use or the correct or incorrect use, abuse, or misuse of these contents, even if the Parties have been informed of the possibilities of such damages. The Parties cannot assume any obligation or responsibility.

Privacy Policy

This privacy policy applies to all the web pages related to this website.

All the information gathered in the online forms on the website is used to personally identify users that subscribe to this service. The information will not be used for anything other than which is stated in the Terms & Conditions of use for this service. None of the information will be sold or made available to anyone.

The Site may collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the Site; the pages that you access while at the Site and the Internet address of the Web site from which you linked directly to our site. This information is used to help improve the Site, analyse trends, and administer the Site.

We may need to change this policy from time to time in order to address new issues and reflect changes on our site. We will post those changes here so that you will always know what information we gather, how we might use that information, and whether we will disclose that information to anyone. Please refer back to this policy regularly. If you have any questions or concerns about our privacy policy, please send us an E-mail.

By using this website, you signify your acceptance of our Privacy Policy. If you do not agree to this policy, please do not use our site. Your continued use of the website following the posting of changes to these terms will mean that you accept those changes.

The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.

Third Party Links

In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.

Governing Laws of South Africa

The Conditions will be exclusively governed by and construed in accordance with the laws of South Africa whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.

Updating of these terms and conditions

8th Avenue reserves the right to change, modify, add to or remove from portions or the whole of these terms and conditions from time to time. Changes to these terms and conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these terms and conditions at the website for changes or updates. The User’s continued use of this website following the posting of changes or updates will be considered notice of the user’s acceptance to abide by and be bound by these terms and conditions, including such changes or updates.