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TERMS & CONDITIONS

INTRODUCTION

“Rugged Reindeer, “ “we”, “us” and “our” refers to Rugged Reindeer Apparel (Pty) Ltd.

“You” refers to you, our customer, who buys from us online.

These Terms and Conditions govern the ordering, sale and delivery of goods as well as use of the following websites:

 

www.ruggedreindeerapparel.com

If there is anything that is unclear, please ask us to explain it to you before you accept the Terms and Conditions, continue using the Website, or place an online order.

We may amend these online shopping terms and conditions, at our sole discretion, from time to time. We will notify you of changes to these terms.

The contents of the website are protected by law, including but not limited to copyright and trademark law. The website content is the property of Rugged Reindeer Apparel, its advertisers and/or sponsors and/or is licensed to Rugged Reindeer Apparel. Any use, distribution or reproduction of the website content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any website content, please contact us. You will not acquire any right, title or interest in or to the Website or the Website Content.

This website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third-Party Websites, and we are not responsible for the practices and/or privacy policies of those Third-Party Websites or the cookies that those sites may use. Your use of any Third-Party Websites is entirely at your own risk, and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third-Party Websites or your reliance on any information contained thereon.

CUSTOMER PROFILE

To register on our website, you must provide the following information:

 

  • First Name

  • Last Name

  • Cellphone Number

  • Email Address

  • Password

 

We will use your cellphone number as your unique identifier, and you will use your email address and password to log in to any of our websites. We will only contact you on your cellphone if you have specifically opted in to received SMS communication from us.

By registering on our website, or buying goods from us online, you acknowledge that you have read and agree to be bound by these Terms and Conditions. You also agree that we may send invoices to you electronically.

Please keep your credentials private and secure and do not share them with anyone. Only authorised users may access their online profile with their credentials. We accept no liability for any damages or losses that you may suffer from the unauthorised use of your profile.

Please notify us immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.

STOCK AND PRICING

All goods displayed on our website are subject to availability. If any goods you ordered are not immediately available or are not available at all, we will let you know as soon as possible.

You acknowledge that stock of all goods on offer is limited and that pricing may change at any time without notice to you. We will take all reasonable efforts to monitor stock levels and to ensure that when stock is no longer available, it is discontinued on the website, but we cannot guarantee the availability of stock. If goods are no longer available after you have placed an order, we will notify you and you will be entitled to a refund of any amount already paid by you for such goods.

The stated prices on our website are in South African Rand and are only valid and effective in South Africa.

We will use our best efforts to accurately display the goods on our website to ensure that what you receive matches your expectations. Please note that sometimes the way that a product appears can be dependent on the device that you use to access our website, specifically when it comes to the colour in an image. We cannot guarantee that the goods you receive, will look exactly as you have seen it online.

 

If a displayed price contains an inadvertent and obvious error, we are not bound by it after:

 

Correcting the error in the displayed price; and

Taking reasonable steps to inform affected consumers about the error and the correct price.

 

No order will be accepted if we identify a material error in the description of any of our goods or their prices on our website.

ORDERS

We will indicate the acceptance of your order by delivering the goods to you, once payment has been received. Only at that point will an agreement of sale between you and Rugged Reindeer Apparel come into effect. This is regardless of any communication stating that your order or payment has been confirmed.

Once an agreement of sale is completed, you assume all risk and full responsibility for the goods.

We reserve the right to not process an order or to cancel an existing order (partially or completely) if there has been an error. Errors include the goods no longer being available, the incorrect price being displayed, or an inaccurate description of the goods. We will inform you of any errors as soon as we become aware of them and, as soon as possible thereafter, we will refund you for any amount already paid.

We will not be liable for any loss or claim relating to a transaction based on any error.

Orders cannot be amended in any way once they have been invoiced, including changes to a delivery address.

Placing goods in a shopping cart without completing payment does not constitute placing an order, and goods may be removed or updated in the shopping cart if stock is no longer available or the price has changed. We cannot be held liable if the goods in your shopping cart have been updated when you complete or attempt to complete the purchase at a later stage.

Goods may not be purchased for re-sale. Should we suspect that any such goods are being purchased for sale, we are entitled to cancel your order immediately on notice to you.

We reserve the right to refuse orders, cancel any sale, and terminate accounts at the company’s discretion.

Registered customers are able to view their order history by logging on to their profile on our website. Both guest and registered customers can track the status of their order by selecting the ‘Track my Order’ link in the website footer, and entering their full order number and email address.

Orders may only be cancelled up to the point that they have been invoiced by Rugged Reindeer Apparel. After this the order will need to be delivered and processed as a return, if no longer required.

PAYMENT

You consent to our use of the services of reputable and secure third party payment service providers in order to process financial transactions and acknowledge that doing so necessitates the disclosure of your payment information when you make a purchase.

Payment can be made for goods via:

 

Credit Card

Debit Card

EFT

DELIVERY AND COLLECTION

You can have your order delivered to an address of your choice

Standard delivery to your address (5-7 working days) , at a standard rate of R100. Additional delivery charges may apply to outlying areas, as well as the delivery of selected goods. If applicable, this will be highlighted during the checkout process.

Expedited delivery to your address (2-5 working days). For all other orders, it’s charged at R100. Additional delivery charges may apply to outlying areas, as well as the delivery of selected goods. If applicable, this will be highlighted during the checkout process.

We partner with dawn wing (https://www.dpd.com/za/en/) for deliveries to your address. We are not liable for any damage suffered or any losses incurred arising out of any act or omission by a courier, its directors, employees, sub-contractors, agents or representatives.

Dawn wing Couriers will only deliver to a physical address, and not a P.O. Box number. Dawn wing requires that each and every delivery be signed for, as proof of delivery. Deliveries take place between 08h30 and 17h00 on weekdays (Monday to Friday, excluding public holidays) and we only deliver within South Africa. Our ability to deliver is also always subject to certain factors, including the availability of the goods and the supply of accurate delivery address details.

Certain areas are classed as "high risk" for deliveries. If your address is deemed to be in one of these areas, We may contact you to make alternative delivery arrangements.

Delivery fees may change at any time without notice to you. The delivery fee and any additional charges applicable to your order will be communicated to you during checkout and must be paid when you place an order.

We will arrange for delivery to the delivery address that you provided to us. We are not responsible for any loss or unauthorised use of the goods once we have delivered the goods to the delivery address you have provided.

If you are unable to accept the goods yourself, please ensure that an authorised representative is available at the delivery address. If anyone other than you takes delivery of the goods at the delivery address, they are presumed to be authorised to accept the goods on your behalf.

If no one is at the delivery address to accept delivery, we will contact you to arrange an alternative time. If we are unable to deliver the goods to you after three attempts, or should we deem it appropriate under the circumstances, we reserve the right to cancel your order, deduct charges we have incurred for failed deliveries or additional storage, and refund the balance due to you.

You must ensure that we can access the place of delivery, and that the location is cleared for the goods to be delivered.

If you have a missing or incorrect item in your order, please contact us within 7 days of your order being received and provide us with the following information:

  

  • The number of items missing

  • The product title of the missing items

  • Whether the order received was received in a good condition and sealed i.e. the box or parcel was not tampered with

  • Whether someone else received the order on your behalf. e.g. reception

CANCELLATION AND RETURNS 

Any product may be returned for exchange or refund within 21 days from date of purchase, provided that the merchandise is unused and is returned in its original box/wrapping together with a valid cash sales docket/invoice. Refunds will exclude all delivery fees that are paid as part of the order.

If you wish to return something that you purchased, you can do so in one of two ways:

Log in to the website, access your order details under the profile menu, select the item(s) that you would like to return, complete the required information and submit your request manually via email. see SHIPPING AND RETURNS on how to log a manual return. Once we have approved the return request, we will get in touch with you to arrange collection. The delivery address for returns via courier is as follows:

 

Rugged Reindeer Apparel

34 Calla Avenue

Witfield

Boksburg

1459

 

We can only process refunds once we have confirmed that the goods have been returned to our warehouse and they have been assessed.

 

In the event that you return goods, it will take up to 10 working days to process a refund and for it to reflect on your account.

If we accidentally deliver the wrong product to you, or if the product is not as described, please notify us and we will collect the product from you at no charge. Once we have inspected the product and validated your return, we can arrange to deliver the correct product to you (assuming it is available) or refund you, depending on your preference).

PRIVACY AND SECURITY

For a detailed description of Rugged Reindeer Apparel Privacy Policy, please refer to the Privacy Policy page.

Please note that Rugged Reindeer Apparel does not disclose any of your personal details to other companies or individuals. We do not keep a record of, or store, any part of your card details.

Rugged Reindeer Apparel does keep records of certain personally identifiable information, such as your name, contact details, shipping address and billing address. This information is necessary in order to process your order. You are empowered to change this information by editing your "Personal Details".

WEBSITE AVAILABILITY

We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.

If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.

We are entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion intended to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order, in whole or in part, on notice to you. We shall only be liable to refund monies already paid by you (see our Returns Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.

PRIVACY POLICY

Rugged Reindeer Apparel respects your privacy and is committed to protecting your personal data. This privacy policy will inform you as to how we look after your personal data when you visit our website (regardless of where you visit it from) and tell you about your privacy rights and how the law protects you.

IMPORTANT INFORMATION AND WHO WE ARE

Purpose of this privacy policy

This privacy policy aims to give you information on how Rugged Reindeer Apparel collects and processes your personal data including any data you may provide through this website.

This website is not intended for children and we do not knowingly collect data relating to children.

It is important that you read this privacy policy together with any other privacy policy or fair processing policy we may provide on specific occasions when we are collecting or processing personal data about you so that you are fully aware of how and why we are using your data. This privacy policy supplements other notices and privacy policies and is not intended to override them.

RESPONSIBLE PARTY

This privacy policy is issued on behalf of the RUGGED REINDEER so when we mention “Rugged Reindeer Apparel” "we", "us" or "our" in this privacy policy, we are referring to the relevant company in the Rugged Reindeer Apparel responsible for processing your data. Rugged Reindeer Apparel (Pty) Ltd is the responsible party and responsible for this website.

We have appointed an Information Officer who is responsible for overseeing questions in relation to this privacy policy. If you have any questions about this privacy policy, including any requests to exercise your legal rights, please contact the Information Officer the details set out below:

Contact details

If you have any questions about this privacy policy or our privacy practices, please contact our Information Officer in the following ways:

Full name of legal entity: Rugged Reindeer Apparel (Pty) Ltd
Email address: REINDEERRUGGED@GMAIL.COM
Postal address: 34 CALLA AVE, WITFEILD, BOKSBURG, 1459

Telephone number: 0615451559

You have the right to make a complaint at any time to the Information Regulator (http://www.justice.gov.za/inforeg/). We would, however, appreciate the chance to deal with your concerns before you approach the Information Regulator so please contact us in the first instance.

CHANGES TO THE PRIVACY POLICY AND YOUR DUTY TO INFORM US OF CHANGES

We keep our privacy policy under regular review.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

THIRD PARTY LINKS

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy policy of every website you visit.

THE DATA WE COLLECT ABOUT YOU

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (de-identified information).

We may collect, use, store and transfer different kinds of personal data about you which we have grouped together as follows:

  • Identity Data includes first name, maiden name, last name, username or similar identifier, marital status, title, date of birth and gender.

  • Contact Data includes billing address, delivery address, email address and telephone numbers.

  • Financial Data includes bank account and payment card details.

  • Transaction Data includes details about payments to and from you and other details of products and services you have purchased from us.

  • Technical Data includes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access this website.

  • Profile Data includes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses.

  • Usage Data includes information about how you use our website, products and services.

  • Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data could be derived from your personal data but is not considered personal data in law as this data will not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature. However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health, and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.

IF YOU FAIL TO PROVIDE PERSONAL DATA

Where we need to collect personal data by law, or under the terms of a contract we have with you, and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

HOW IS YOUR PERSONAL DATA COLLECTED

We use different methods to collect data from and about you including through:

  • Direct interactions: You may give us your Identity, Contact and Financial Data by filling in forms or by corresponding with us by post, phone, email or otherwise. This includes personal data you provide when you:

    • purchase our products;

    • create an account on our website;

    • subscribe to our service or publications;

    • request marketing to be sent to you;

    • enter a competition, promotion or survey; or

    • give us feedback or contact us.


 

  • Automated technologies or interactions: As you interact with our website, we will automatically collect Technical Data about your equipment, browsing actions and patterns. We collect this personal data by using cookies and other similar technologies.
     

Third parties or publicly available sources: We will receive personal data about you from various third parties and/or public sources as set out below.

HOW WE USE YOUR PERSONAL DATA

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

  • Where we need to perform the contract we are about to enter into or have entered into with you.

  • Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.

  • Where we need to comply with a legal obligation.

Purposes for which we will use your personal data

We have set out below, in a table format, a description of all the ways we plan to use your personal data, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Note that we may process your personal data for more than one lawful ground depending on the specific purpose for which we are using your data. Please contact us if you need details about the specific legal ground we are relying on to process your personal data where more than one ground has been set out in the table below.

Purpose/Activity

Type of data

Lawful basis for processing including basis of legitimate interest

To register you as a new customer

(a) Identity
(b) Contact

Performance of a contract with you

To process and deliver your order including:

(a) Manage payments, fees and charges
(b) Collect and recover money owed to us

(a) Identity
(b) Contact
(c) Financial
(d) Transaction
(e) Marketing and Communications

(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to recover debts due to us)

To manage our relationship with you which will include: (a) Notifying you about changes to our terms or privacy policy (b) Asking you to leave a review or take a survey

(a) Identity
(b) Contact
(c) Profile
(d) Marketing and Communications

(a) Performance of a contract with you
(b) Necessary to comply with a legal obligation
(c) Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services)

To enable you to partake in a prize draw, competition or complete a survey

(a) Identity
(b) Contact
(c) Profile
(d) Usage
(e) Marketing and Communications

(a) Performance of a contract with you
(b) Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)

To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)

(a) Identity
(b) Contact
(c) Technical

(a) Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise)
(b) Necessary to comply with a legal obligation

To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you

(a) Identity
(b) Contact
(c) Profile
(d) Usage
(e) Marketing and Communications
(f) Technical

Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy)

To use data analytics to improve our website, products/services, marketing, customer relationships and experiences

(a) Technical
(b) Usage

Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy)

To make suggestions and recommendations to you about goods or services that may be of interest to you

(a) Identity
(b) Contact
(c) Technical
(d) Usage
(e) Profile
(f) Marketing and Communications

Necessary for our legitimate interests (to develop our products/services and grow our business)

MARKETING

We strive to provide you with choices regarding certain personal data uses, particularly around marketing and advertising and we comply with all applicable laws regulating marketing.

PROMOTIONAL OFFERS FROM US

We may use your Identity, Contact, Technical, Usage and Profile Data to form a view on what we think you may want or need, or what may be of interest to you. This is how we decide which products, services and offers may be relevant for you (we call this marketing).

You will receive marketing communications from us if you have purchased goods or services from us or signed up with our Friends & Family community and you have not opted out of receiving that marketing.

OPTING OUT

You can ask us to stop sending you marketing messages at any time by contacting us.

COOKIES

In order to collect the anonymous data described in the preceding paragraph, we may use temporary “cookies” that remain in the cookies file of your browser until the browser is closed.

Cookies are small, often encrypted text files, located in browser directories. They help users navigate websites efficiently and allow certain functions, such as buying products online. When you visit websites, cookies may be stored on your computer. They are used to store a variety of information about you and your preferences, which is afterwards sent back to the visited website.

Cookies by themselves cannot be used to discover your identity. Cookies do not damage your computer. You can set your browser to notify you when you receive a cookie. This enables you to decide if you want to accept it or not. If you choose not to accept cookies from our site this may limit its functionalities or performance.

Our use of cookies is to enable more user-friendly, efficient and safe visits to our site. We use cookies for several reasons:

  • To identify you as a registered or returning customer or website user.

  • To provide you with safe restricted access areas.

  • To remember you so that when you come back to our site you do not need to enter your information again.

  • To understand what brought you to our site and what pages you visited.

Besides these, we may also use cookies which enable us to save your preferences from each of your visits to our site and present you with a version of our site which reflects your preferences. Our system is therefore able to recognize you each time you visit our site, without requiring you to systematically log in each time you visit.

You can find more information about cookies at: http://www.allaboutcookies.org/ and for a video about cookies visit http://www.google.com/policies/technologies/cookies/.

We also use cookies on our site for analytics, browser session tracking and security, basket and order activity. For more detailed information please click here.

We also use your IP address to help diagnose problems with our server, to administer our site and to gather broad demographic information.

We may also perform IP lookups to determine which domain you are coming from to more accurately gauge our users' demographics.

CHANGE OF PURPOSE

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

DISCLOSURES OF YOUR PERSONAL DATA

We may share your personal data with the parties set out below for the purposes set out in the table 'Purposes for which we will use your personal data' above.

  • Internal Third Parties, including entities within RUGGED REINDEER

  • External Third Parties, including Salesforce and card payment gateway providers.

  • Third parties to whom we may choose to sell, transfer or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

INTERNATIONAL TRANSFERS

We share your personal data within RUGGED REINDEER. This may involve transferring your data outside South Africa, but we will always comply with applicable laws when doing so.

DATA SECURITY

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

DATA RETENTION

How long will you use my personal data for?

We will only retain your personal data for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.

YOUR LEGAL RIGHTS

Under certain circumstances, you have rights under data protection laws in relation to your personal data, including the right to request access your personal data and the right to request the correction or deletion of your personal data.

If you wish to exercise any of the rights set out above, please contact our Information Officer.

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