Clutch Denim Website Terms of Sale

These Website Terms of Sale govern purchases from the Clutch Denim online store at www.clutchdenim.co.za. By placing an order, the customer agrees to these Terms, the Returns and Refunds Policy, the Shipping and Delivery Policy, the Privacy Notice and all product-specific disclosures shown before checkout.

1. Supplier information

Supplier/trader: Clutch Denim (Pty) LTD, trading as Clutch Denim

Registration number: 2024/485798/07

VAT number, if applicable: N/A

Physical address and address for service: 6 Zimbali Dr, Zimbali East, Ballito, KwaZulu-Natal, 4399, South Africa

Email: care@clutchdenim.co.za

Returns email: returns@clutchdenim.co.za

Telephone/WhatsApp: n/q

Office bearers/directors/members, where required: N/A

1.1 Products

Clutch sells clothing and denim products online. Product images are for display purposes and may vary depending on screen settings, lighting, photography, wash, production batch and garment size. The customer must review the product description, size guide, care information and product-specific disclosures before placing an order.

1.2 Orders and contract formation

An order is an offer by the customer to purchase the selected goods. Clutch may accept or reject an order. A binding sale is concluded only when Clutch confirms acceptance of the order by email, dispatch confirmation or other written confirmation. Clutch may refuse or cancel an order where goods are unavailable, pricing is incorrect, payment fails, fraud is suspected, delivery details are incomplete, or the order cannot reasonably be fulfilled.

1.3 Review before checkout

Before submitting an order, the customer must review the selected products, quantities, sizes, colours, delivery details, pricing, taxes, delivery fees and total amount payable. The customer is responsible for correcting errors before payment is made.

1.4 Prices and payment

Prices are displayed in South African Rand unless otherwise stated. Prices may include or exclude delivery fees as stated at checkout. Clutch may correct obvious pricing errors before accepting an order. Payment must be made using the payment methods offered at checkout. Clutch does not store full card details unless expressly stated by the payment provider and permitted by law.

1.5 Stock availability

All products are subject to availability. Items placed in a cart are not reserved until the order is accepted and payment is confirmed. If Clutch cannot supply an ordered item, Clutch will notify the customer and refund the affected payment within the period required by law.

1.6 Delivery

Delivery is governed by the Shipping and Delivery Policy. Clutch will take reasonable steps to dispatch accepted orders within the timeframe stated at checkout or in the Shipping and Delivery Policy. Unless a different period is agreed with the customer, Clutch will perform within the period required by applicable law.

1.7 Risk and ownership

Ownership passes to the customer after Clutch has received full payment and the goods have been delivered, subject to applicable law. Risk in the goods passes to the customer on delivery to the delivery address or collection by the customer or the customer’s authorised representative, subject to mandatory consumer rights.

1.8 Cancellations, returns and refunds

Cancellations, returns, refunds, repairs and replacements are governed by the Returns and Refunds Policy and applicable law. Clutch does not offer exchanges or voluntary returns beyond legal rights.

1.9 Promotions and discount codes

Promotions, discounts and voucher codes are subject to the specific terms stated for the promotion. Unless stated otherwise, promotions cannot be combined, redeemed for cash or applied retrospectively to completed orders. Clutch may withdraw or amend a promotion where reasonably necessary and lawful.

1.10 Customer account and information accuracy

The customer is responsible for providing accurate account, contact, delivery and payment information. Clutch is not liable for failed or delayed delivery caused by incorrect, incomplete or outdated information supplied by the customer.

1.11 Complaints

Customers may lodge complaints by emailing care@clutchdenim.co.za. Clutch will attempt to resolve complaints reasonably and in accordance with applicable law. Where applicable, unresolved consumer complaints may be referred to the Consumer Goods and Services Ombud, the National Consumer Commission or another competent authority.

1.12 Limitation of liability

To the maximum extent permitted by law, Clutch will not be liable for indirect, incidental, special or consequential loss, loss of profit, loss of opportunity or loss arising from events beyond its reasonable control. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded, including mandatory consumer rights under applicable law.

1.13 Changes to terms

Clutch may update these Terms from time to time. The version applicable to a purchase is the version published at the time the order is placed, unless a change is required by law or agreed with the customer.

1.14 Governing law

These Terms are governed by the laws of the Republic of South Africa.

2. Clutch Denim Returns and Refunds Policy

This Returns and Refunds Policy applies to purchases made from the Clutch Denim online store at [insert website] and must be read together with our Website Terms of Sale, Shipping and Delivery Policy, Privacy Notice and any product-specific disclosure shown on the product page or at checkout.

For purposes of this Policy, "Clutch", "Clutch Denim", "we", "us" or "our" means [insert legal entity name and registration number], trading as Clutch Denim.

2.1 No voluntary return policy beyond legal rights

Clutch does not offer a general voluntary change-of-mind return, exchange or store-credit policy beyond the rights required by applicable South African law. Any return, refund, repair or replacement will be dealt with strictly in accordance with this Policy and applicable law.

2.2 Online cooling-off cancellations

Where applicable law gives a consumer a right to cancel an online transaction, a customer may cancel an online purchase within 7 days after receiving the goods, without giving a reason and without penalty, subject to this Policy and the exceptions recognised by law.

To exercise this right, the customer must notify Clutch in writing at returns@clutchdenim.co.za within the applicable period, quoting the order number and the item being returned.

For online cooling-off cancellations, the customer is responsible for the direct cost of returning the goods to Clutch, unless the goods are defective, incorrect, damaged on delivery or materially different from what was ordered.

If the entire order is validly cancelled under the online cooling-off right, Clutch will refund the amount required by law within the period required by law. Refunds are made to the original payment method where reasonably possible. Bank, card and payment-provider processing times may affect when the refund reflects in the customer’s account.

2.3 Condition of returned goods

Returned goods must not have been worn, washed, used as clothing, altered, damaged, stained, perfumed, marked or handled beyond what is reasonably necessary to inspect the item for size, fit and condition.

Returned goods must, as far as reasonably possible, be returned with all original tags, labels, packaging and accessories. Clutch may refuse a return, reduce a refund or recover any legally recoverable loss where goods have been used, worn, washed, altered, damaged, stained, perfumed, returned without material tags or labels, or otherwise handled in a way that prevents resale.

2.4 Items excluded from cooling-off or preference-based returns

Subject always to mandatory statutory rights for defective, incorrect or not-as-described goods, Clutch does not accept cooling-off or preference-based returns for:

·         goods that have been made to the customer’s specifications or clearly personalised;

·         goods that have been altered, hemmed, tailored, customised, distressed or modified at the customer’s request;

·         goods that have been worn, washed, used, stained, perfumed, marked, damaged or altered after delivery;

·         goods returned without material original tags, labels or packaging where this prevents resale;

·         goods damaged by incorrect washing, incorrect drying, misuse, neglect, improper storage, unauthorised repair or failure to follow care instructions.

2.5 Incorrect size, fit, colour or preference

Incorrect size selection, dislike of fit, change of mind, preference for another colour/style, or a customer’s styling preference is not a defect. If a customer chose the wrong size, colour or style, the customer may only return the item if a statutory online cooling-off right applies and all return conditions are met.

Colour, wash, shade, distressing, stitching and fit may appear differently on different screens or body types. Reasonable variation is not a defect unless the product is materially different from the description, images or product-specific disclosure on the website.

2.6 No exchanges

Clutch does not offer exchanges for change-of-mind purchases, incorrect size selection or preference-based returns. If a customer wants a different size, colour or style, the customer must return the original item if legally entitled to do so and place a new order. Clutch does not guarantee that the preferred replacement item will be available.

2.7 Defective, damaged, incorrect or not-as-described goods

If a customer receives goods that are defective, damaged on delivery, incorrect, materially different from what was ordered, or not reasonably fit for the purpose for which clothing of that kind is generally used, the customer must contact care@clutchdenim.co.za as soon as reasonably possible with the order number, a description of the issue and clear photographs where relevant.

Where the Consumer Protection Act applies and goods fail to satisfy the statutory quality standards within the statutory period, the customer may be entitled to return the goods without penalty and at Clutch’s risk and expense, and to elect the remedy provided for by law, which may include repair, replacement or refund, subject to the facts and applicable law.

Clutch may inspect or assess returned goods before confirming whether the goods are defective, incorrect, damaged on delivery or materially different from what was ordered. Clutch may reject a defect claim where the issue was caused by:

·         normal wear and tear;

·         ordinary denim fading, creasing, shade movement, dye transfer, distressing or ageing, unless caused by a proven manufacturing defect or material misdescription;

·         shrinkage or damage caused by failure to follow care instructions;

·         incorrect washing, drying, ironing, bleaching, soaking or chemical treatment;

·         misuse, neglect, accidental damage, improper storage or unreasonable handling;

·         alterations, repairs or modifications not performed or authorised by Clutch;

·         damage occurring after delivery or after the customer has taken possession.

2.8 Sale, promotional, discounted and clearance items

Sale, promotional, discounted and clearance items are not eligible for voluntary returns, exchanges or store credit beyond rights required by law. If an item was discounted because of a specific disclosed defect, irregularity, mark, shade difference, missing tag or other condition, the customer may not return the item on the basis of that disclosed issue. This does not affect any statutory rights for an undisclosed defect, incorrect item, damaged delivery or material misdescription.

2.9 Return process

To request a return, the customer must email returns@clutchdenim.co.za and provide:

·         the order number;

·         the item being returned;

·         the reason for the return;

·         clear photographs where the item is alleged to be defective, incorrect, damaged or not as described;

·         the customer’s contact details and collection/delivery address if applicable.

Returns sent without prior notification may be delayed, may be difficult to identify and remain at the customer’s risk until received and linked to the correct order. This does not limit any statutory rights the customer may have.

2.10 Return costs and risk

For online cooling-off or preference-based returns, the customer is responsible for the direct cost and risk of returning the goods to Clutch, unless applicable law provides otherwise.

For confirmed defective, incorrect, damaged-on-delivery or not-as-described goods, Clutch will bear the return cost as required by applicable law, provided the customer follows Clutch’s reasonable return instructions.

2.11 Proof of purchase

A valid Clutch order confirmation, invoice, payment confirmation or other proof of purchase is required for all returns, refunds, repairs or replacements.

2.12 Abuse of returns process

Clutch may refuse to process returns that are fraudulent, abusive, not linked to a valid Clutch order, or inconsistent with this Policy and applicable law. Nothing in this Policy excludes or limits any mandatory consumer rights that cannot lawfully be excluded.

 

3. Clutch Denim Manufacturer-Sourced Denim, Incidental Hardware Markings and Product Variation Notice

This Notice applies to selected denim and clothing products sold by Clutch Denim through its online store. It explains how certain manufacturer-sourced garments and garment components may be finished, branded and sold by Clutch Denim. It must be read together with the product page for the specific item purchased.

This Notice is intended as a customer-facing disclosure only. It does not constitute an admission by Clutch Denim that any third party owns, controls, supplies, approves, endorses, licences, sponsors, is affiliated with, or has any claim to any Clutch Denim product.

3.1 Manufacturer-sourced and production-release garments

Clutch Denim may source garments, denim products, trims, hardware and/or garment components directly from manufacturers, factories, suppliers and legitimate production or surplus channels.

Certain garments may have been manufactured, partially manufactured, prepared or originally allocated by a manufacturer as part of a previous production run, factory order, cancelled order, surplus order, sample order, overrun, deadstock batch or similar production-release arrangement. Where those goods are lawfully released, supplied or sold to Clutch Denim, Clutch Denim acquires and sells them as Clutch Denim products after applying its own branding, finishing, quality checks and customer-facing product description.

Unless a product page expressly states otherwise, the sale relationship is between the customer and Clutch Denim only. Clutch Denim is responsible for the sale, fulfilment, customer support, returns process and statutory consumer obligations relating to the product.

3.2 Clutch Denim branding and product identity

Products sold under the Clutch Denim online store are marketed and sold as Clutch Denim products, unless the product page clearly states that the item is a third-party branded product.

Clutch Denim may apply its own branding, swing tags, labels, packaging, product descriptions, size information, care information and other customer-facing materials to the products it sells.

No third-party name, logo, wording, initials, symbol, reference, trade mark, retailer reference, supplier marking, factory marking or component marking appearing incidentally on any garment component must be understood as a representation that the product is sold by, manufactured by, supplied by, approved by, endorsed by, sponsored by, guaranteed by, licensed by, affiliated with or connected to that third party.

Customers must rely only on the Clutch Denim product page, Clutch Denim labels, Clutch Denim customer communications and this policy pack for the identity, description, warranty position, return position and customer support position of the product.

3.3 Removal and replacement of removable third-party identifiers

Before products are made available for sale, Clutch Denim may take reasonable steps to remove, replace, cover or rebrand removable third-party identifiers, retailer-facing materials, swing tags, paper tags, removable textile labels, packaging, patches, stickers, batch tags or other customer-facing markings that do not form part of the Clutch Denim product presentation.

Clutch Denim will not intentionally remove, alter, conceal or replace legally required information such as accurate care instructions, fibre-content information, size information, country-of-origin information, safety information or other mandatory trade descriptions, unless that information is replaced with accurate and compliant information.

Clutch Denim will not knowingly present any product in a manner that is intended to mislead customers into believing that the product is supplied, sponsored, approved, guaranteed or supported by another brand, retailer, supplier or manufacturer.

3.4 Incidental non-removable hardware and component markings

Some manufacturer-sourced garments may include factory-applied or pre-existing hardware and components, including buttons, rivets, zips, zip pulls, studs, pocketing, stitching details, patches, trims, fasteners, lining, inner components or other garment finishes.

Certain hardware or components may contain small pre-existing names, logos, initials, wording, symbols, factory references, batch references, supplier references, retailer references, customer references, brand references or other markings that were applied during the original manufacturing or component-supply process.

Where those markings are integrated into the hardware or component and cannot reasonably be removed, replaced, covered or defaced without damaging the garment, reducing the quality or durability of the product, affecting the fit or function of the garment, compromising the finish of the denim, or creating unreasonable waste, the markings may remain on the product as incidental component markings.

Any such residual hardware or component marking is incidental to the garment component only. It is not used by Clutch Denim as a badge of origin, source identifier, brand representation, trade mark, endorsement, affiliation statement, sponsorship statement, quality guarantee, authorised-reseller representation or manufacturer-warranty representation.

The presence of an incidental non-removable hardware or component marking does not change the fact that the product is sold by Clutch Denim as a Clutch Denim product, with Clutch Denim as the customer-facing supplier.

3.5 No third-party affiliation, authority or warranty

Unless expressly stated in writing by Clutch Denim on the relevant product page, Clutch Denim is not an authorised reseller, distributor, agent, licensee, franchisee, partner or representative of any third-party brand, retailer, supplier or manufacturer whose name, logo, mark, reference or wording may appear incidentally on a product component.

Unless the product page expressly states otherwise, no third-party brand, retailer, supplier, manufacturer, official distributor or authorised importer provides any guarantee, warranty, after-sales support, authentication service, repair service, replacement service or customer service in respect of the product.

All customer queries, returns, statutory remedies and after-sales support must be directed to Clutch Denim and will be handled in accordance with this policy pack and applicable South African law.

3.6 Lawful sourcing standard

Clutch Denim’s sourcing standard is to purchase goods only from suppliers or manufacturers who confirm that they are entitled to supply the goods to Clutch Denim for resale.

Clutch Denim’s internal process is to require supplier confirmations or warranties, where reasonably appropriate to the batch, that the goods supplied to Clutch Denim are genuine, lawfully sourced, lawfully saleable, not counterfeit, not stolen, not misappropriated, not subject to a destruction instruction, and not knowingly supplied in breach of any third-party intellectual-property right or resale restriction binding on the supplier.

This paragraph describes Clutch Denim’s sourcing standard and internal compliance process. It is not a representation that any third-party brand, retailer, supplier, distributor or manufacturer has endorsed, authorised, approved or guaranteed the products.

3.7 Product-specific disclosures

Product pages may include specific disclosures about sourcing, batch variations, visible hardware or component markings, reworked features, deadstock status, overrun status, limited-batch status, disclosed irregularities or other material product characteristics.

Where a product page includes a specific disclosure about incidental hardware or component markings, that disclosure forms part of the product description. Customers should review the product page before placing an order.

Clutch Denim will not use a third-party name or brand reference in a product title, advertisement, website heading, search keyword, social media caption or promotional claim for the purpose of suggesting affiliation, endorsement, sponsorship, approval or brand origin where that is not the case.

3.8 Natural denim, batch and manufacturing variations

Due to the nature of denim, garment manufacturing, component sourcing and limited-batch production, minor differences may occur between products, sizes, colours, washes and batches, including differences in:

·         wash, shade, dye depth, texture, fading, whiskering, distressing and finish;

·         fit, cut and measurements within ordinary manufacturing tolerances;

·         buttons, rivets, zips, zip pulls, studs, pocketing, stitching, lining, patches, tags, trims and other hardware or components;

·         placement or appearance of creasing, fading, distressing, stitching or garment finishes;

·         packaging, batch references, removable tags or production details.

Minor variations of this nature are not defects unless the item is materially different from the product description, materially not fit for purpose, unsafe, poor quality in the sense contemplated by applicable law, or otherwise subject to a statutory remedy.

3.9 Customer acknowledgement

By purchasing from Clutch Denim, the customer acknowledges that:

·         the product is sold by Clutch Denim as the customer-facing supplier;

·         manufacturer-sourced or production-release garments may contain incidental non-removable hardware or component markings;

·         incidental hardware or component markings do not indicate third-party origin, approval, sponsorship, endorsement, affiliation, authorisation or warranty;

·         minor hardware, trim, wash, shade, fit and batch variations may occur unless the product page states otherwise;

·         the customer must rely on the product page and Clutch Denim customer-facing materials when deciding whether to purchase the product.

Incidental non-removable hardware or component markings are not, by themselves, a defect or a basis for cancellation, refund, replacement or exchange, unless the product is materially different from its product description or the customer has a mandatory statutory remedy under applicable law.

3.10 No limitation of statutory rights

Nothing in this Notice limits any mandatory rights under the Consumer Protection Act, the Electronic Communications and Transactions Act, POPIA, or any other applicable South African law. Where a product is defective, incorrect, unsafe, materially misdescribed or otherwise subject to a mandatory statutory remedy, Clutch Denim will deal with the matter in accordance with the Returns and Refunds Policy and applicable law.

4. Clutch Denim Shipping and Delivery Policy

This Shipping and Delivery Policy applies to online purchases from Clutch Denim.

4.1 Delivery areas

Clutch currently delivers to addresses within South Africa only. Clutch may refuse orders for locations it cannot reasonably service.

4.2 Delivery fees

Delivery fees are displayed at checkout before payment. Delivery fees may vary depending on location, courier service, order value, promotion, or delivery method selected.

4.3 Dispatch and delivery times

Estimated dispatch and delivery timeframes are displayed on the website or at checkout. Delivery times are estimates only unless Clutch expressly agrees to a specific delivery date in writing. Clutch will take reasonable steps to dispatch and deliver orders within the stated timeframe or within the period required by law.

4.4 Courier delays

Clutch is not responsible for courier delays caused by events beyond its reasonable control, including strikes, protests, extreme weather, road closures, public disorder, system failures, incorrect delivery details, failed payment verification, customs or import delays, or courier operational issues, subject to mandatory consumer rights.

4.5 Failed delivery

The customer must ensure that someone is available to receive the order at the delivery address. If delivery fails because the address is incorrect, no one is available, access is refused, or the customer does not respond to courier contact attempts, the customer may be responsible for additional delivery or return costs to the extent permitted by law.

4.6 Inspection on delivery

The customer should inspect the package as soon as reasonably possible after delivery. If the wrong item was delivered, the parcel appears damaged, or the goods appear damaged on delivery, the customer must notify Clutch as soon as reasonably possible at care@clutchdenim.co.za with the order number and photographs.

4.7 Unavailable goods

If Clutch cannot supply an ordered item after accepting payment, Clutch will notify the customer and refund the affected payment within the period required by law.

5. Clutch Denim Privacy, Cookies and Direct Marketing Notice

This Notice explains how Clutch Denim collects, uses and protects personal information when customers visit the website, create an account, place an order, contact customer support, subscribe to marketing, or interact with Clutch online.

5.1 Responsible party

Responsible party: [insert legal entity name], trading as Clutch Denim

Information Officer: N/A

Information Officer email: info@clutchdenim.co.za

Physical address: 6 Zimbali Dr, Zimbali East, Ballito, KwaZulu-Natal, 4399, South Africa

5.2 Personal information collected

Clutch may collect personal information including name, surname, email address, telephone number, delivery address, billing address, order details, payment confirmation details, customer service messages, account credentials, website usage data, IP address, device information, cookie identifiers and marketing preferences.

5.3 Purpose of processing

Clutch processes personal information to:

·         process orders and payments;

·         deliver products and communicate about delivery;

·         handle returns, refunds, repairs, replacements and complaints;

·         create and manage customer accounts;

·         detect fraud, misuse and security risks;

·         comply with accounting, tax, consumer protection, legal and regulatory obligations;

·         send marketing only where permitted by law and the customer’s preferences;

·         operate, secure, improve and analyse the website and online store.

5.4 Sharing personal information

Clutch may share personal information with service providers where necessary, including payment gateways, website hosts, ecommerce platforms, courier companies, IT providers, email/SMS/WhatsApp marketing platforms, analytics providers, professional advisers, regulators and law enforcement where required by law.

5.5 Cross-border transfers

Some service providers may process personal information outside South Africa. Clutch will take reasonable steps to ensure that such processing is lawful and appropriately protected as required by POPIA.

5.6 Direct marketing

Clutch will send electronic direct marketing only where permitted by law, including where the customer has consented, or where the customer is an existing customer and the marketing relates to similar products or services and the customer is given a reasonable opportunity to opt out. Customers may unsubscribe or opt out at any time using the unsubscribe link, opt-out instruction or by contacting Clutch.

5.7 Cookies and tracking technologies

The website may use cookies, pixels and similar technologies to operate the website, remember cart/account preferences, measure website performance, analyse traffic, prevent fraud and, where permitted, support marketing or remarketing. Customers can adjust browser settings to block or delete cookies, but some website functions may not work properly.

5.8 Retention

Clutch keeps personal information only for as long as reasonably necessary for the purposes for which it was collected, or for longer where required by law, accounting obligations, tax obligations, dispute resolution, fraud prevention or legitimate business records.

5.9 Customer rights

Customers may request access to, correction of, or deletion of personal information, object to certain processing, withdraw consent where processing is based on consent, and lodge complaints with the Information Regulator, subject to POPIA and other applicable laws.

5.10 Security

Clutch will take reasonable, appropriate technical and organisational measures to protect personal information against loss, unauthorised access, misuse, alteration or disclosure. No online system is completely secure, and customers must keep account passwords confidential.