Terms of service

INTRODUCTION

www.sittingpretty.co.za (“the site”) enables buyers to shop for items including clothes, shoes and accessories manufactured and sold by Sitting Pretty (“the brand”) online.

All visitors to the site (“users” or “you”) will be able to see the products on offer, but only those who have registered for an account on Sitting Pretty (“sitting pretty account holders” or “you”) are able to buy.

LEGALLY BINDING CONTRACT

All users and account holders, including those that buy from the site (“buyers”) are bound by these terms and conditions (“Ts & Cs”). By registering, or using the site at all, you recognise that you’ve read and accepted these terms and conditions.

WITH WHOM ARE YOU ENTERING INTO A CONTRACT?

The site is owned and run by Sitting Pretty Clothing CC registration number: 2009/196535/23, a company incorporated in the Republic of South Africa (herein after referred to as “Sitting Pretty”). More information about Sitting Pretty is available at the end of these terms and conditions.

PRODUCTS AND AVAILABILITY

Please note that the stock of all items on offer is limited. Sitting Pretty will make all reasonable attempts to ensure that special offers are brought to an end when stock runs out.

If it happens that Sitting Pretty is unable to fulfil any order at the advertised price because stock is sold out, Sitting Pretty will let you know and you’ll be entitled to a reimbursement for the value you have paid for such product. 

BUYING PRODUCTS

The site allows you, the user, to place electronic orders (“order”) for one or more products on offer as long as such products are available and not sold out.

A purchasing contract (“sale”) between you and Sitting Pretty only comes into effect once you have fully completed and submitted the online order form for one or more products in your basket (“shopping cart”) and your payment has been authorized by Sitting Pretty (or has been received into Sitting Pretty’s bank account).

The above is dependent on the product being available.

Products on Sitting Pretty cannot be reserved to be bought at a later stage, and placing an item in your basket without completing the order does not amount to a sale or an order.

This means that Sitting Pretty may remove any item from your basket before the sale actually takes place in the event of the product going out of stock.

Sitting Pretty cannot be held responsible if an order has become unavailable by the time you try to complete a purchase at a later stage. The invoice for your purchase will be available online in the “my account” section on the site. A copy of this invoice will be included in your parcel.

CANCELLING AND ENDING ORDERS

Sitting Pretty 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.

Sitting Pretty will be liable for reimbursing you the value paid only if you have already paid for the cancelled order. You have the right to return item(s) purchased unless otherwise stated.

FRAUD

Sitting Pretty 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.

Sitting Pretty 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 Sitting Pretty, cardholders will be advised to initiate a chargeback via their bank in order to be refunded. Sitting Pretty does not process refunds for orders suspected of fraud.

Sitting Pretty does not provide order details relating to orders suspected of fraud.

PURCHASE PRICE

The price of each product is given in the product information on our website. In case of a sale or special offer, the discount price is shown. During promotional periods or sales period, two prices are indicated alongside each product, as follows: the price that has not been crossed out, is the price you pay. The other price (indicated by the crossed-out rrp) is the usual (“rrp”) before the any reduction and is given purely as an indication of approximately how much you save by buying the product from Sitting Pretty during such promotional period or sale.

Please note that Sitting Pretty reserves the right to change rrps at any given time.

DELIVERY FEES

Sitting Pretty delivers door to door free of charge* within South Africa for any orders above R950.00 and charges a R100 delivery fee for any orders below R950.00.  Irrespective of the delivery location within South Africa, Sitting Pretty aims to deliver within 7 working days. Door to door deliveries are sent to a street address. No po box deliveries are accepted.

**With clearance and Black Friday sales, Sitting Pretty will charge a standard fee of R100 for shipping which will be added to your order. Strictly no returns on Black Friday and clearance items.

ERRORS

Sitting Pretty makes every reasonable attempt to display purchase prices and delivery costs accurately. If, however, the product is offered at an erroneous price (or an incorrect delivery cost is displayed), Sitting Pretty will not be obliged to supply products at the incorrect price/delivery fee.

Sitting Pretty 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/delivery fee.

CUSTOMER PRIVACY POLICY

Sitting Pretty shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the promotion of access to information act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569 

PAYING BY CREDIT CARD

We accept payments made by Visa and Mastercard credit and debit cards, as well as eft via our financial partner Payfast. When you place an order, the transaction details are presented to Payfast for authorisation of the payment amount.

Credit card transactions will be acquired for Sitting Pretty via Paygate (pty) ltd. who are the approved payment gateway for all South African acquiring banks. Paygate uses the strictest form of encryption, namely secure socket layer 3 (ssl3) and no credit card details are stored on the website. Customer details will be stored by Sitting Pretty separately from card details which are entered by the client on Paygate’s secure site. Users may go to www.paygate.co.za to view their security certificate and security policy.

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 sitting pretty.

MERCHANT OUTLET COUNTRY AND TRANSACTION CURRENCY

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African rand (ZAR).

If you are in the following countries:

• France, Germany, Sweden, Finland, Norway, Spain, Portugal, Italy, Greece, Turkey, Croatia, Hungary, Austria, Czech Republic, Poland transaction currency is euro (€).
• United states of Amarica, Nigeria, Kenya, Brazil, Argentina, Australia, New Zealand transaction currency is dollar ($).
• United Kingdom transaction currency is pound (£).

DELIVERY WITHIN SOUTH AFRICA

DELIVERY FEES

Shipping is free when you spend more than R950, for any orders under this amount there is a flat fee of R100. This is a door to door service with Fedex.

If your order is placed in South Africa but you require it to be shipped internationally, there will be an additional fee of R650.

PLACE OF DELIVERY

Please note we do not ship to P.O boxes. Our couriers will need a signature to deliver. This is a door to door service.

DELIVERY TIMES AND DELAYS

We process orders from 08h00 – 13h00 on weekdays. Delivery will take place within 2-7 working days after receiving payment depending on your location. For outlying and regional areas, for example Kakamas or Hermanus, your delivery might take a few days longer. Usually not longer than an extra 3 working days.

INTERNATIONAL DELIVERY

DELIVERY FEES

International shipping is free on all orders above US$120, for any orders under this amount there will be a flat fee of US$20.

Duties and Taxes: The price does not include duties and taxes for international orders.

PLACE OF DELIVERY

Please note we do not ship to P.O boxes. Our couriers are door to door and will need a signature to deliver. This is with DHL express service and usually takes between 3 and 8 working days from the fulfilment date.

*Countries we ship to include:

• Africa: South Africa, Nigeria, Kenya, Namibia, Botswana, Zambia

• Europe: All EU States

• United Kingdom

• USA

• South America: Argentina, Brazil

• Australia

• New Zealand

DELIVERY TIME AND DELAYS

We process orders from 08h00 – 13h00 on weekdays. Delivery takes approximately 3-8 business days worldwide, sent with DHL express service.

DELIVERY COMPLETED

A delivery is considered complete as soon as the parcel is handed to an individual at your specified delivery address. This also applies when the package has been handed over by the courier.

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 sitting pretty by emailing our customer care service at customercare@sittingpretty.co.za (Monday to Friday, 08:00 to 16:00).

LOST PARCELS

DHL will send you an email with a tracking number and your order can be tracked on their website. If you require assistance please send an email to customercare@sittingpretty.co.za.

If the parcel is found, it will be sent to the specified delivery address by the usual procedure, as set out in the delivery clause.

If a parcel is declared lost, sitting pretty will notify the buyer and reimburse the buyer for the lost parcel (to the amount of the product purchase price and any relevant delivery fee).

DEFECTIVE ITEMS, RETURNS AND REIMBURSEMENT

RETURNS WITHIN SOUTH AFRICA

If you are dissatisfied with your purchase due to a defect, incorrect size or fit or other reason, you may return it to Sitting Pretty within 14 days of delivery, free of charge, and either receive a refund, or have the product replaced, depending on the situation. For items purchased on a clearance sale, Sitting Pretty will charge a standard fee of R100 for shipping which will be included in your order.

All necessary details will be provided to you via email on how to fill in the waybill the courier provides. If any of the details have been entered incorrectly by the buyer, you will be held liable for the courier fee.

INTERNATIONAL RETURNS

Any courier fees for returns requested on international orders will be the responsibility of the purchaser.

No exchanges are accepted.

SALES RECORDS

Complete records of each transaction between you and Sitting Pretty are kept on the site after a particular purchase or related transaction.

During this time, you will be able to view and print out these records. 

DISCOUNT VOUCHERS AND COUPONS

GENERAL

Sitting Pretty may release printed or digital discount vouchers/coupons [hereafter referred to as vouchers] from time to time. Such vouchers may be available through the website, email campaign and/or from third-party websites, in magazines and other media.

Vouchers can only be used for discounts on the site www.sittingpretty.co.za and only as long as the voucher is valid. Given expiry dates cannot be moved.

PROMOTIONAL VOUCHERS

Promotional vouchers are issued at Sitting Pretty’s discretion. Users don’t have the right to promotional vouchers and can’t earn them. Promotional vouchers are issued with specific terms and conditions that regulate how and when they can be used.

In general, unless otherwise specified on the voucher itself: a voucher is only valid for 15 days from date of issue. A voucher can only be used against a purchase on the site when the purchase meets the terms and conditions as specified on the voucher.

A voucher can only be used once and only one voucher can be used per shopping basket. Vouchers are not transferrable and cannot be exchanged for cash. The discount value of the voucher will be deducted from the total amount in your shopping cart. The remaining balance, if any, must be paid by you.

Please note that certain vouchers may be product-specific in that they can only be used to purchase specific sitting pretty products listed on the website, e.g. items that aren’t currently on special. Such vouchers cannot be used to buy other items than the one specified.

If you want to return an item bought with the use of a voucher:

If you have redeemed a voucher or discount voucher against a purchase, and you’d like to return all items purchased, sitting pretty will refund you or credit your account with the rand value of the purchase . The voucher will not be re-issued. If you have used a voucher or discount voucher against a purchase and then return some of the items purchased, Sitting Pretty will recalculate the total value of your purchase after the returned item(s) has/have been deducted. If the recalculated purchase value no longer meets the terms and conditions associated with the voucher, Sitting Pretty reserves the right to deduct the value of the voucher off the refund for the returns, or, should you have credit in your Sitting Pretty account, to debit the value of the voucher off your account balance.

 Promotion vouchers cannot:

1. Be used to buy other vouchers

2. Be exchanged for cash

3. Be transferred to anyone else

4. Be used after the expiry date which is 15 days from date of issue

5. Be used together with any other promotion, including against sales/ clearance items that have already been discounted or are on special offer

6. Be used in any other shop that stock Sitting Pretty clothing.

NEWSLETTER SIGN-UP COUPON

1. Sitting Pretty customers do not have the right to newsletter vouchers and cannot earn them.

2. The R100 sitting pretty newsletter coupon is issued once – when the newsletter subscriber signs up to the sitting pretty newsletter for the first time.

3. The R100 newsletter coupon can only be used once per sitting pretty account holders, and cannot be used in conjunction with any other Sitting Pretty offer or promotional coupon.

4. The R100 Sitting Pretty newsletter coupon can only be redeemed against basket sizes to the value of R300 or more, where at least R300 is made up of full priced products.

5. The coupon is not valid against items on special / sale.

6. The R100 coupon is valid only until the specified date.

7. To claim your R100 coupon, visit www.sittingpretty.co.za and add full priced item(s) to the value of R300 or more to your cart. Enter the coupon code we provided you with by email in the coupon code box at checkout.

8. Returns of products to which the R100 coupon was applied will be refunded at the actual rand value paid for the product.

9. Newsletter coupons which have passed their expiry date will not be reinstated. This includes vouchers that have been redeemed against items that are subsequently returned.

10. Signing up to the Sitting Pretty newsletter multiple times, with multiple email addresses, in order to secure additional R100 newsletter coupons is abuse of the benefit and is tantamount to stealing. Perpetrators will be dealt with accordingly.

11. The R100 Sitting Pretty newsletter coupon is issued once – when the newsletter subscriber signs up to any of Sitting Pretty’s newsletters for the first time.

12. Signing up to a second or third sitting pretty newsletter with the same email address – does not qualify for another R100 newsletter coupon.

13. Sitting Pretty has the right to cease the promotion at its own discretion.

14. We assume no liability for the loss, theft or illegibility of gift or promotional coupons.

SECURITY

Anyone downloading or trying to download malware or damaging coding on this site, or who tries to gain unauthorised access to any page on this site, will be prosecuted.

Sitting Pretty will claim civil damages from such person if sitting pretty 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 Sitting Pretty to take all steps reasonably possible to ensure the integrity and security of the site and in the administrative office.

All credit card transactions are made using the Payfast interface and 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. Sitting Pretty has no access to any confidential information regarding your payment method.

Only Sitting Pretty’s banking partner will access confidential information (such as your credit card number, expiry date, CVV etc.) From time to time.

INDEMNITY

Sitting Pretty is responsible for adhering to the consumer protection act 68 of 2008 (“CPA”) with the sale of any products from the site. Similarly, Sitting Pretty 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 Sitting Pretty 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, Sitting Pretty provides no guarantee, implied or otherwise, that the content or technology attached to this website is free of errors or omissions. Nor is there any guarantee whatsoever that service will be 100% uninterrupted or faultless. We encourage you to report any possible malfunctions and errors by emailing customercare@sittingpretty.co.za.

Otherwise call the customer care service at 060 872 6738 (Monday to Friday, 08:00 to 17:00).

Although the 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 Ts & 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 Sitting Pretty’s 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. 

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 disputes clause in these terms and conditions.

You and Sitting Pretty 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 the terms and conditions will remain standing, despite invalidity or unenforceability of an individual term.

PRIVACY

Sitting Pretty has to take all reasonable steps to protect your personal information. For the ends of this clause, “personal information” is defined according to the details in the promotion of access to information act, South African Constitution and in the Protection of Personal Information Act 4 of 2013 (“POPI act”). This information can be downloaded here.(LINK)

Sitting Pretty is authorised to gather, store and use the following of your information:

• Name and surname
• Date of birth
• Sex
• Citizenship
• Nearest city
• Non-personal click patterns
• Email address
• IP address, and
• ID or passport number

Sitting Pretty is entitled to gather, store and use the above information for the following purposes:

1. To greet you when you access the site

2. To inform you (if you have agreed to this) of facts regarding your access and use of the site

3. To inform you (if you have agreed to this) of competitions and promotions offered by Sitting Pretty or its partners

4. To set up non-personal statistics about internet habits, click patterns and access to the site

5. To verify your identity when you make a transaction through sittingpretty.co.za

6. To ensure the products are received by the addressee

7. For re-marketing purposes

8. The above information is either gathered electronically through the use of “”cookies””, or provided by you voluntarily. You can regulate the use of “cookies” independently with your personal search engine settings

9. You can choose to not receive any direct marketing information from sitting pretty and its partners

Sitting Pretty is entitled to gather, store, compile and share any information gleaned from you, subject to the following conditions:

Sitting Pretty may not make any of your personal details public unless you have agreed to it, or unless it is required for the purposes of any judicial process.

Sitting Pretty may compile, use and share any information that has no bearing on any particular individual, and Sitting Pretty owns and reserves the right to non-personal statistical information gathered and complied by Sitting Pretty.

You acknowledge and agree that certain personal information (such as your full name, delivery address, email address and contact details) may be passed on to the courier company to ensure delivery of the products you have bought.

MARKETING OPT-IN AND OPT-OUT PROVISION

When you register, you will be given the option to opt-out of subscribing to our regular update service which will send you:

• Email alerts for new products and collections, news features, special offers, exclusive events that we're hosting or participating in, and one-off marketing promotions. Such alerts may include marketing information about sitting pretty. Direct mail alerts for new products and collections, special offers, exclusive events that we're hosting or participating in, and one-off marketing promotions.
• We do not sell or otherwise pass your details to third parties for marketing purposes.

At all times, we will offer you the opportunity to unsubscribe out of any service or update to which you have subscribed, if you change your mind. Any e-mail we send you will contain an easy automated unsubscribe link so that you can opt-out of that particular mailer. Simply follow the indications in the email. Alternatively you can change your email preferences or opt out of receiving email all updates by going to our newsletter page and following the instructions to unsubscribe.

WHERE AND HOW TO CONTACT US

We welcome your views on our website and our policies. If you'd like to share any queries or comments with us please contact our studio: email info@sittingpretty.co.za

You may contact us by email at info@sittingpretty.co.za and we will amend/remove your personal details.

CHANGES TO TERMS AND CONDITIONS

Sitting Pretty may, at its own discretion, change these terms and conditions or any part thereof without notifying the customer. If you’re dissatisfied, you have the right to terminate your registration on Sitting pretty.

It will be your own responsibility to visit the website to check whether the terms and conditions have changed, and to make sure you are satisfied with the changes. If you’re dissatisfied with any changes, you should not use the site in any way.

DISPUTES

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 sitting pretty, 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.

LEGAL NOTICE ADDRESS

For any communication regarding these terms and conditions, whether for legal notices or serving of other communication documents of any kind, an electronic copy is to be sent to customercare@sittingpretty.co.za. Such copy must be delivered in conjunction with physical copy for serving to be effected. To obtain the physical address, please contact our customer care service at customercare@sittingpretty.co.za.

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 Sitting Pretty from time to time (as described above), for as long as the website continues to exist and be operated. Sitting Pretty is entitled to terminate these terms and conditions or close down the website at any time, subject to processing any pending purchases.

If you do not meet your obligations regarding these terms and conditions, including any incidents about payment and price or an order, and you neglect to rectify such non-adherence within 5 working days after Sitting Pretty has instructed you to do so, your access to the service will 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 sitting pretty will not have any negative effect on any damages sitting pretty may claim.

COPYRIGHT AND OTHER INTELLECTUAL PROPERTY

Any and all copyright relating to the website, including these terms and conditions, is held by Sitting Pretty (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 info@sittingpretty.co.za, or call the client service line: 060 872 6738.

Sitting Pretty is unable to edit or screen all content on the site, and will not be held accountable for illegal, libellous or obscene content. We advise you to inform sitting pretty of any offensive or illegal material.

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 Sitting Pretty. As such they are protected by local and international legislation and agreements.

ELECTRONIC COMMUNICATION

When you sign up for a Sitting Pretty newsletter, opt into marketing communication, register an account, conclude a purchase, visit the site or send an email to info@sittingpretty.co.za, admin@sittingpretty.co.za, press@sittingpretty.co.za, customercare@sittingpretty.co.za you agree to get electronic communication from Sitting Pretty. 

LINKS, ‘FRAMING’ , ‘SPIDERS’ AND ‘CRAWLERS’

No person, business or website may be linked to any page on this site without prior written permission from Sitting Pretty. Such permission can be obtained by sending an email to info@sittingpretty.co.za.

Links to non-Sitting Pretty sites given on this website are provided “voetstoots” and Sitting Pretty does not necessarily agree with the content of such sites, which sitting pretty is unable to edit or underwrite.

No person, business or website may use any technology to glean information from this site without prior written permission from sitting pretty. Such permission can be obtained by sending an email to info@sittingpretty.co.za or by calling the client service line at 060 872 6738. 

WWW.SITTINGPRETTY.CO.ZA 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.

Sitting pretty information is as follows:

Core business: Fashion Manufacturer

Legal notice:

Tel. 060 872 6738

Official email address: info@sittingpretty.co.za