Terms & Conditions
The Express Stores online shop can be accessed at www.cityexpress.co.za related mobile sites and applications (“the site”). The site enables buyers to shop for items including clothes, shoes and accessories (“the products”) online and have them delivered to your address within South Africa. Legally binding contract All users and account holders, including individuals that buy from the site (“buyers”) are bound by these terms and conditions (“T&Cs”). By using the site, you recognise that you’ve read, accepted and agreed to be bound by these T&Cs. With whom are you entering into a contract? The site is owned and run by City Express Stores, registration number [1993/003979/07], a company incorporated in the Republic of South Africa (herein after referred to as “Express Stores”). More information about Express Stores is available at the end of these terms and conditions. Products and availability Please note that limited stock of all items offered for sale is available. If it happens that Express Stores is unable to fulfil any order at the advertised price because stock is sold out, Express Stores will inform you via email and you’ll be entitled to a reimbursement for the Rand value you have paid for such product.
2. BUYING PRODUCTS
- The site allows you, the user, to place electronic orders (“order”) for products on offer asnlong as such products are available.
- A purchasing contract (“sale”) between you and Express Stores comes into effect once you have completed and submitted the online order form for products in your shopping cart (“cart”) and your payment has been authorised by Express Stores (or has been received into Express Stores bank account).
- The above is dependent on stock of the product being available.
- Products on the site cannot be reserved to be bought at a later stage, and placing an item in your cart without completing the order does not amount to a “sale”.
- This means that Express Stores may remove any product(s) from your cart before the sale
actually takes place, in the event of the product going out of stock.
- Express Stores cannot be held responsible if the product(s) you added to your cart have
become unavailable when you try to complete the sale.
- A tax invoice will be emailed to the email address on your Express Stores profile. A delivery
note will be included with your order – please note that no prices are visible on the delivery
3. CANCELLING AND ENDING ORDERS
- Express Stores reserves the right to refuse processing of payment for any order and/or to
cancel any purchase, partially or completely, with notice given to you.
- Express Stores 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 non-defective products purchased
within 14-days of the order being delivered.
- Express Stores reserves the right, in the interest of preventing fraud, to refuse the processing of payment for any order and/or to cancel any purchase, partially or completely.
- Express Stores may request documentation to complete the necessary fraud checks and cancel any order where the necessary documentation is not provided in a timely manner.
- In the event of a fraudulent purchase being placed on Express Stores, cardholders will be advised to initiate a charge back via their bank in order to be refunded. Express Stores doesnot process refunds for orders suspected of fraud.
- Express Stores does not provide order details relating to orders suspected of fraud.
5. PRODUCT PRICING
The price of each product is given on the product information page (“the product page”) on the site.
The Regular Retail Price
- The Regular Retail Price (“RRP”) is the standard price that Express Stores charges for the product. The RRP is determined by considering the suppliers’ price, market conditions, and the prices being offered by other local retailers.
- When a product is not on sale, on special, or included in a discount promotion, the RRP is the price you will pay when you purchase the product (“purchase price”).
- 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
RRP at the time of your purchase.
The Discount Price
- When Express Stores is having a sale, or is running a discount centric promotion on specific products on the site the discount price, as well as the RRP, is shown on the product’s product page.
- When a discount price is shown on the product page, the discount price is the price you will pay when you add the product to your cart at the discounted price, and concludes the sale at the discounted price, i.e. the purchase price.
- Pricing accuracy
Every reasonable effort will be made to ensure that the RRP and, if applicable, the Discount Price of all products on Express Stores are correct at the time of your purchase. If, however, the product is offered at an erroneous price Express Stores will not be obliged to supply the said product at the incorrect price.
- Express Stores 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.
6. DELIVERY FEES
- For orders of R1000 or more, Express Stores delivers free of charge within South Africa to your address.
- Standard delivery is available for certain areas outside of main centres. Please check the delivery options in checkout once you have entered your address to see if you are eligible. Express Stores does not deliver to PO Box addresses.
- Every reasonable effort is taken to ensure that the delivery costs displayed on the site are correct at the time of your purchase. However, if a delivery fee is incorrectly displayed, Express Stores will not be obliged to deliver products at an incorrect delivery fee. Express Stores 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 delivery fee.
7. MAKING A PAYMENT
You can pay on Express Stores using your Visa or MasterCard credit or debit card or via Electronic Funds Transfer (EFT).
Paying by credit card
- Express Stores accepts payments made by Visa and MasterCard Credit Cards as well as chipped debit cards that have been activated for online purchases.
- 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 Express Stores.
Paying by EFT:
- When paying by EFT please note that you have 24 hours once your order has been placed to make the payment.
- When making your payment, please be sure to use your order number as the beneficiary reference. This will ensure that Express Stores can process your order as quickly as possible.
- Express Stores will start processing your order as soon as your bank forwards the payment to Express Stores. Depending on the bank, it can take up to 3 days from the time you make the payment (which has to be done a maximum of 24 hours after placing the order) to when it appears in our bank account.
- The delivery lead-time as specified on the site only starts once Express Stores has received the payment from your bank.
- 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.
- On inputting your address during checkout, the site will indicate to you whether your postal code qualifies for Standard delivery.
- If nobody is present at the address at the time of delivery, our courier will on the second attempt of delivery leave a note (in the letterbox if a residential address) to indicate that there was an attempted delivery.
- The courier will try once more (third attempt), and if at that time there is still no one to sign for the parcel, the parcel will be returned to our warehouse and a return will be processed for the goods. You will be contacted in order to confirm the refund method you would prefer.
- Should a delivery fee have been charged on the order, this will not be reimbursed, given that
the courier has attempted delivery on numerous occasions.
- 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 – for Standard delivery is 10 working days.
- As outlined above, all Express Stores standard 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.
- A delivery is considered complete as soon as the parcel is accepted and signed for either by the customer or by an individual on the customer’s behalf at the specified delivery address.
- 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 Express Stores by calling our call centre at 087 897 5956.
- In the event that a parcel is declared missing, should stock be available, a replacement order will be sent to the customer via the intended original delivery method.
- If stock is not available, the order (at Rand value paid) plus any relevant delivery fee will be refunded.
- Express Stores will contact the customer in both cases to advise possible delays and/or
preferred refund method.
9. DEFECTIVE ITEMS, RETURNS AND REIMBURSEMENT
- If you are dissatisfied with your purchase due to a defect, incorrect product choice or other reason, you may return it to Express Stores within 14 days of delivery, by the same delivery method, which the parcel was received. You can either receive a Express Stores account credit or a refund, or have the product repaired or replaced, depending on the situation.
- In the case of a damaged or incorrect item having been delivered, Express Stores will evaluate each case and issue a refund upon proof of the damaged/incorrect item.
- Shipping costs are non-refundable. If you receive a full refund, the cost of shipping will be deducted from your refund.
10. SALES RECORDS
Complete records of each transaction between you and Express Stores 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 records falls onto you.
11. COMPETITIONS & PROMOTIONS
Express Stores may release printed or digital discount coupons (“coupons”) from time to time. Such coupons may be available through the website and/or from third-party websites, in magazines and other media. Coupons can be used to secure a discount on the site as long as the coupon is valid. Given expiry dates cannot be moved.
- Promotional coupons are issued at Express Stores discretion. Users don’t have the right to promotional coupons and can’t earn them.
- Promotional coupons are issued with specific terms and conditions that regulate how and when they can be used. For example, certain coupons may be product specific in that they are only valid against a selected group of products. Exclusions may also exist with certain coupons, e.g. not valid for accessories. The onus is on the shopper to check the full coupon T&Cs to ensure they understand the coupon’s applications and limitations.
- In general, unless otherwise specified on the coupon itself: a coupon is only valid for 30 days from date of issue. A coupon can only be used against a purchase on the site when the purchase meets the terms and conditions as specified on the coupon.
- Only one coupon can be used per shopping cart. Coupons are not transferable and cannot be exchanged for cash. The discount value of the coupon will be deducted from the total amount in your shopping cart. The remaining balance, if any, must be paid by you.
- Creation of multiple Express Stores accounts, with different email addresses, in order to utilize a coupon on multiple occasions, is abuse of the benefit and Express Stores reserves the right to not release these orders.
- Should you wish to return an item you have purchased using a coupon: a. If you have redeemed a coupon against a purchase, and you’d like to return all items purchased, Express Stores will refund you or credit your account with the Rand value of the purchase. Please refer to the specific terms and conditions on the coupon for information on whether it will be reinstated and the terms that will apply. b. If you have used a coupon against a purchase and then return some of the products purchased, Express Stores will apportion the value of the coupon across the relevant items in the cart and then refund you the relevant Rand amount based on the items being returned. c. If you have used a coupon against a purchase and then return some of the products purchased, Express Stores will recalculate the total value of your purchase AFTER the returned product(s) has/have been deducted. If the recalculated purchase value no longer meets the terms and conditions associated with the coupon, Express Stores reserves the right to deduct the value of the coupon off the refund
for the returns, or, should you have credit in your Express Stores account, to debit the value of the coupon off your account balance.
Promotional coupons cannot:
- Be used to buy gift vouchers
- Be exchanged for cash
- Be transferred to anyone else
- Be used after the expiry date.
- Be used together with any other promotion, items already on sale or items discounted as part of another promotional offer.
12. GIFT VOUCHERS
Electronic gift vouchers can be purchased on the Express Stores website. Express Stores gift
vouchers can only be redeemed while they are valid. Their expiry dates cannot be extended.
Vouchers cannot be:
- used to purchase other Gift Vouchers, or
- exchanged for cash
General terms of Express Stores gift vouchers:
- Gift voucher value can be set by you, to any value between [x] and [x].
- The chosen value must be in Rands; no cent values are permitted.
- You may use more than 1 gift voucher per transaction, should you wish to.
- If a gift voucher is used to purchase a cart that is of lower value than the voucher, the residual amount will be tied to the voucher code.
- You can check the balance of a gift voucher within your user account section.
- If you have a gift voucher, that voucher can be used by someone other than you and you can assign your rights to use that voucher. We assume no liability for the loss, theft or illegibility of gift vouchers.
- You may purchase gift vouchers for use on the Site by yourself or as a gift. These gift vouchers will be sent to you or your chosen recipient via email.
- The credit of a gift voucher does not accrue interest nor does it have a cash value.
- Gift vouchers are not refundable for cash once purchased.
- If the credit of a gift voucher is insufficient for the Order you wish to make, you may make up the difference through Credit Card, EFT, or store credit.
- Anyone attempting to gain unauthorised access to any system on this site: Express Stores will claim civil damages from such person if Express Stores suffers any damage or loss.
- You agree and guarantee that the username and password you use to log in is for your personal use only, and will not be passed on to any third party.
- You allow Express Stores to take all steps reasonably possible to ensure the integrity and security of the site and in the administrative office.
- All credit card transactions on the site are protected by SSL (Secure Socket Layer) encryption and reinforced by various encryption processes with the aim of offering the most effective possible protection of any sensitive information. Express Stores has no access to any confidential information regarding your payment method.
- Only Express Stores banking partner will access confidential information (Such as your credit card number, expiry date, CVV etc.) from time to time.
Express Stores is responsible for adhering to the Consumer Protection Act 68 of 2008 (“CPA”) with the sale of any products from the site. Similarly, Express Stores is responsible for adhering to articles 43(5) and 43(6) of the Electronic Communication and Transactions Act in terms of payment systems and security. However, neither Express Stores nor any of its representatives will be held responsible for any loss or accountability of any kind that arises from the use of (or inability to use) this site, its services or content. Furthermore, Express Stores provides no guarantee, implied or otherwise, that the content or technology attached to this website is free of errors or omissions. Nor is there an guarantee whatsoever that service will be 100% uninterrupted or faultless. We encourage you to report any possible malfunctions and errors by emailing firstname.lastname@example.org ; Otherwise call the call centre at 0800 897 5956(Monday to Friday, 08:00 to 17:00.) Although products on the site may be under guarantee, the site itself is offered on an “as it is” basis and is not set up or delivered according to your individual specifications. It is your responsibility, before accepting these T&Cs, to determine whether the service available through this website satisfies your individual needs and is compatible with your hardware or software. Information, ideas and opinions expressed on this web site should not be regarded as professional advice, or as Express Stores official stance. We encourage you to obtain professional advice before taking any action on the strength of information, ideas or opinions expressed on this site.
15. APPLICABLE LAWS
- This site is offered, controlled and run from the Republic of South Africa. As such, it is governed by South African legislation, and subject to the dispute’s clause in these T&Cs.
- You and Express Stores are subject to the non-exclusive jurisdiction of the South African courts. Each and every section of these terms and conditions must be read as individual and separable from the rest of the terms and conditions.
- Should any court or qualified authority find that any of the terms are invalid or unenforceable the remainder of these terms and conditions will remain standing, despite invalidity or unenforceability of an individual term
1. We respect your privacy and will take all reasonable measures to protect it, as detailed below.
2. Should you decide to register as a user on the Website, we may require you to provide us with personal information which includes, but is not limited to – 2.1. your name and surname; 2.2. your email address; 2.3. your physical address;
2.4. your mobile number; and
2.5. your date of birth.
3. Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.
4. You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.
5. Subject to clause 10.6 below, we will not, without your express consent: 5.1. use your personal information for any purpose other than as set out below:
5.1.1. in relation to the ordering, sale and delivery of Goods;
5.1.2. to contact you regarding current or new Goods or
services or any other goods offered by us or any of our divisions and/or partners (unless you have
opted out from receiving marketing material from us);
5.1.3. to inform you of new features, special offers and promotional competitions offered by us or any of our divisions and/or partners (unless you have opted out from receiving marketing material from us); and 5.1.4. to improve your experience on the site by, inter alia, monitoring statistical non-personal browsing habits, and to transact with us; or
5.2. disclose your personal information to any third party other than as set out below:
5.2.1. to our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Goods or when delivering Goods to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;
5.2.2. to our divisions and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us); and 5.2.3. to our suppliers in order for
them to liaise directly with you in the event of you submitting a warranty claim regarding any Goods you have purchased which requires their involvement.
6. Express Stores is entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, order of court or legal process served on us, or to protect and defend our rights or property.
7. Express Stores will ensure that all of our employees, third party service providers, divisions and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations (save as permitted herein) in relation to your personal information.
8. Express Stores will –
8.1. treat your personal information as strictly confidential;
8.2. take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;
8.3. provide you with access to your personal information to view and/or update personal details;
8.4. promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;
8.5. provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request;
8.6. at your request, promptly return or destroy any and all of your personal
information in our possession or control; and
8.7. not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.
9. Express Stores will never sell or make your personal information available to any third party other than as provided for in this policy, unless we are compelled to do so by law. In particular, in the event of a fraudulent online payment, Express Stores reserves the right to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.
10. While Express Stores will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.
11. If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than Express Stores, Express Stores shall not be liable for any loss or damage, howsoever arising, suffered by you as a result of the disclosure of such information to the third party. This is because we do not regulate or control how that third party uses your personal information.
cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited. If you do accept a “cookie”, you thereby consent to our use of any personal information collected by us using that cookie subject to the provisions of this clause 10.
17. CHANGES TO TERMS AND CONDITIONS
Express Stores may, at its own discretion, change these terms and conditions or any part thereof. Asindicated in the T&Cs, it is the responsibility of the registered account holder or user to familiarise yourself with the T&Cs before using the site. By registering, or using the site at all, you recognise that you’ve read, accepted and agreed to be bound by these T&Cs.
Barring urgent or interim legal help that may be granted by a court of law: In the event of any disputes of any kind between you and Express Stores, arising out of any situation catered for in these terms or conditions (or that arises out of these terms and conditions) and that cannot be resolved by the client service centre, the dispute may be presented for confidential arbitration. Such arbitration will be handled according to the rules stipulated by the Arbitration Foundation of South Africa. These rules can be found here: www.arbitration.co.za/pages/Rules.aspx. Legal notice address Express Stores elects as address for all purposes regarding these terms and conditions, whether for legal notices or serving of other communication documents of any kind, the following address: An electronic copy is to be sent to email@example.com (Such copy must be delivered in conjunction with physical copy for serving to be effected).
PO BOX 5333
19. TERMS AND DISCONTINUATION
These terms and conditions take effect on the date of first publication of the website and continue indeterminately. They may be revised by Express Stores from time to time (as described above), for as long as the website continues to exist and be operated. Express Stores is entitled to terminate these terms and conditions or close down the website at any time, subject to processing any pending purchases. If you don’t meet your obligations regarding these terms and conditions, including any incidents about payment and price or an order, and you neglect to rectify such nonadherence within 5 working days after Express Stores has instructed you to do so, your access to the service may be blocked. We have the right to close your account and deny you access to the site, depending on the severity of your actions. Such action on the part of Express Stores will not have any negative effect on any damages Express Stores may claim.
20. COPYRIGHT AND OTHER INTELLECTUAL PROPERTY
Any and all copyright relating to the website, including these terms and conditions, is held by Express Stores (and partners). All rights not expressly given are reserved. You may download, view and print content from this site only for private and non-commercial ends. To obtain permission for commercial use of any content from this site, please send an email to firstname.lastname@example.org, or call the client service line: 0800 897 5956. All content, trademarks and data on this website, including but not limited to software, databases, text, graphics, icons, links, private information, designs and agreements, are the property of or under licence of Express Stores. As such they are protected by local and international legislation and agreements.
21. ELECTRONIC COMMUNICATION
When you sign up for a Express Stores newsletter, opt into marketing communication, register an account, conclude a purchase, visit the site or send an email to email@example.com, you agree to get electronic communication from Express Stores.
22. LINKS, ‘FRAMING’, ‘SPIDERS’ AND ‘CRAWLERS’
No person, business or website may use any technology to glean information from this site without prior written permission from Express Stores.
23. Express Stores CORPORATE INFORMATION
The Electronic Communication and Transactions Act determines that when goods or services are provided via certain electronic transactions, the seller must make certain information public on the site where the goods or services are offered Express Stores information is as follows:
Legal notice address: 858 Umgeni road Durban 4001
Website: www.cityexpress.co.za Official email address: firstname.lastname@example.org