Last Updated: 16 March 2023
Thank you for visiting our iamtrend.com
The website allows a person (“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 the user and iamtrend shall be complete only once a user has placed an order and the payment has been processed fully, meaning iamtrend has received and accepted the payment.
Order and Delivery Times
Orders that are received before 1 pm, on a working day, will be packed and shipped on the same day that the order was placed. All orders placed after 1 pm on a working day, will be processed and sent for delivery the following working day. Orders are not processed, packed or shipped on Saturday’s, Sunday’s, and public holidays. Standard delivery times are 2-4 working days. Express delivery times are 1-2 working days. If you are based in a regional, remote or special serviced area delivery please add an extra day to delivery time as those areas are only serviced on certain days. If your order is placed after 1 pm and you request Express delivery, the order will only be sent out the following working day and will be delivered 1 working day from when it was sent out. Deliveries will take place between 8 am and 6 pm from Monday’s to Friday’s, excluding public holidays. Delivery of the product will be to the delivery address entered at the time of placing your order.
Click & Collect
We’ll be in touch by email as soon as your order is ready to be collected from our head office. Once your order is ready for collection and you’ve been notified, we will hold your order for 30 days at our head office. If no collection has been made for your order before the final date for collection, we’ll refund the order total and will send you an email to confirm that the order has been cancelled and request for your banking details to make a refund.
When you collect your order, we will request to see your ‘Ready To Collect’ email notification. This can be shown on your smartphone or as a print out. The name on your email must match the name on your order. If you wish to have somebody collect your order on your behalf they will need to show your ‘Ready to Collect’ email. They’ll need to sign for your order, and we’ll send you an email to confirm that the order has been collected.
Orders can be collected between 9 am to 4 pm, Mondays to Thursday and 9 am – 1 pm on Fridays. Opening hours will be confirmed on your Ready to Collect email.
If payment fails due to the account not existing, insufficient funds, the credit card number or other information being incorrect etc. the purchase will not be successful. The above is dependent on the product being available.
Products cannot be reserved by a user to be bought at a later time. Placing an item in your cart without processing the payment for the order will not lead to a successful order being placed nor the reservation of (an) item(s).
If an item is listed as “on hold”, this means that a user currently has the last of these items in their iamtrend shopping cart. If their cart expires without payment being made, this item will be released back onto the website for sale.
Please note that the stock of all items on offer is limited. iamtrend will make all reasonable attempts to ensure that product sales are brought to an end when stock runs out.
If it happens that iamtrend is unable to fulfill any order at the advertised price because the stock is sold out or unavailable, iamtrend will notify you and you’ll be entitled to a reimbursement for the rand value you have paid for such product.
Termination of Suspected Fraudulent Orders
iamtrend reserves the right to cancel or refuse to fulfill any order(s) that it suspects of being fraudulent. This includes but is not limited to instances of suspected stolen credit cards.
On occasion, a Client Concierge may request a copy of your official identification document or the front of your credit card to verify the transaction with the relevant bank. iamtrend may cancel any order where the necessary documentation is not provided in a timely manner (usually within 24 hours).
In the event of a fraudulent purchase being placed on iamtrend, cardholders will be advised to initiate a chargeback via their bank in order to be refunded. iamtrend does not process refunds for orders suspected of fraud.
Electronic Transfers (EFTs)
In the event that you cannot make online payments, iamtrend will offer you the opportunity to do an electronic transfer (EFT). When making an EFT either an order number (from a cancelled online order) or your name and surname must be used as a reference, iamtrend is not liable for any EFTs with an ambiguous reference. Your order will only be considered successful and processed once you have emailed proof of payment along with your postal address and contact number to [email protected] Proof of payment must be bank generated, other forms of proof of payment (photos or screenshots) cannot be accepted.
Coupon codes generated and advertised are done so at iamtrends discretion. iamtrend reserves the right to create, change, or stop any coupon code at any time without warning. Coupon codes are only applicable to online purchases and are not available through purchases made via email. Coupon codes cannot be used in conjunction with any other coupon codes, sale items, or discounted items. Coupon codes are not applicable to shipping fees unless the purpose of the coupon is discounted or free shipping. iamtrend is not liable for purchases made, without the coupon code, during the activation period of the coupon code. Product(s) purchased using a coupon code are not refundable.
All full priced items will be packaged in our pink iamtrend branded premium boxes, a faux iamtrend branded leather case and a pink microfibre cleaning cloth. All sale items will receive a branded drawstring bag and microfibre cloth and packaged in a brown cardboard box to ensure protection when shipping the eyewear. iamtrend reverses the right to change their packaging at anytime. iamtrend premium packaging is subject to availability.
Fitting Prescription Lenses
All clear lens frames, sold by iamtrend, have been tested for prescription lenses and all of them are suitable to have prescription lenses fitted in them by a certified optometrist.
However, there is always risk involved. The ability to fit prescription lenses, into iamtrend frames, and willingness to do so is done at the optometrists’ discretion. Thus, having your prescription lenses fitted in an iamtrend frame is done so at your own risk and iamtrend is not liable for any damage due to fitting prescription lenses. iamtrend is also not liable for when an optometrist cannot fit your prescription lenses into iamtrend frames.
Even if an optometrist has fitted a certain frame multiple times there is still a small possibility that it may not work. This is why many optometrists offices have a disclaimer that says “fitted at the customer’s own risk.”
The customer will be held liable for refund and exchange delivery fees if their optometrist cannot fit their prescription lenses into an iamtrend frame. We recommend contacting your optometrist beforehand to confirm whether or not they believe it will work.
If you purchase an item(s) that is on pre-order, as well as an available item simultaneously, you will be given the option of either:
- shipping the item(s) together, or
- shipping the available item(s) first and the pre-ordered item(s) once they arrive (additional charge).
Once we’ve received your pre-ordered item(s), your order will be shipped and you will be notified.
A back order is when the product(s) you have ordered are temporarily out-of-stock. Every effort will be made to notify you that you are ordering a back order item. You will also be notified to this status via email. If you order a backordered product and available product simultaneously you will be given the option to ship them together or to ship the available products first and the backordered products when they arrive. If shipped separately you will be charged for shipping fees for both shipments. Once iamtrend has received the backordered product(s) in stock you will be notified and your backordered product(s) will be shipped. iamtrend cannot guarantee that when the backordered product(s) arrive to the warehouse that they will be in good condition. If backordered product(s) are received in an unsellable condition iamtrend reserves the right to notify you and offer you a different product(s) for the same value or a refund or store credit of the same value.
iamtrend only services deliveries and sales within South Africa. iamtrend will charge between R65 to R270, for shipping, depending on your geographical location. The final shipping costs are determined by your postal code. Products will be shipped as per the stated shipping times of the particular product ordered which is usually 2-4 working days. If no one is unavailable at the time of delivery, a note will be left on the door saying that delivery was attempted and the courier will contact the recipient via telephone so that a new delivery day can be arranged. Three attempts will be made to deliver the parcel, if on the third attempt no one is still unavailable the parcel will be returned to iamtrend. iamtrend will then contact you to resolve the issue, at this stage you may be liable for any additional delivery costs that may have been incurred. In the event that incorrect shipping details are given, you may be liable for additional shipping fees to redirect the package to the correct address. In that case, iamtrend reserves the right to withhold the package until such fees have been settled. Please note that actual shipping times may vary slightly and are an estimation only. We reserve the right to amend the delivery fees from time to time.
All orders above R800 qualify for FREE delivery, and is applicable to all areas within South Africa. Free shipping does not include any sale items or promotions.
For orders less than R800 the following delivery fees will be charged at checkout per order, and are determined based on the delivery address:
Local (Cape Town): R65 – R130
Main Centre: R65 – R135
Regional/Special Serviced Areas: R150 – R180
Remote Areas: R180 – R270
You must take care opening the packaging so as not to damage the product, particularly when using sharp instruments.
For any queries regarding delivery, please call 081 355 0870 or email [email protected] for assistance. Please have your order number accessible.
Your delivery will be made through either CourierIt, The Courier Guy & Dawn Wing. To track your order or for information on their Terms & Conditions please refer to https://www.iamtrend.com/tracking/
Please note that delivery fees are non-refundable.
No third party delivery services will be allowed to collect on your behalf or return your products.
Products and Advertising
Please bear in mind that the photo may slightly differ from the actual product in terms of colour, shape, and size due to the lighting during the photo shoot, the monitor’s display, and/or the angle the photo was taken at. We have made every effort to display the product as accurately as possible on the website and ensure that all photos displayed are taken of the actual product. iamtrend is not liable for any misperceptions a customer may have of a product displayed and purchased.
iamtrend takes pride in the quality of their products; therefore, all products will go through a very strict quality test before being dispatched. If any of your purchased item(s) are deemed unfit for sale, iamtrend reserves the right to declare the goods unsaleable and will then offer you either; an alternate product(s), store credit, or a refund for the same value.
Exchanges and Refunds
If you are dissatisfied with your purchase due to a defect, incorrect product received or any other reason, it may be returned to iamtrend within 7 days of delivery provided that it is still in its original condition and packaging. iamtrend does not offer free exchanges or returns. Please contact us using the form on the Exchanges and Refunds page giving us a detailed description of the reason you are returning your product and the product details.
You will either receive a refund or iamtrend credit, or have the product repaired or replaced, depending on the situation.
Sale products or products that have been discounted (permanently or temporarily) are not eligible for refunds or exchanges unless the product is broken/damaged/faulty/incorrect due to manufacturing faults. Full price products may only be replaced with other full-priced products and not items that are on sale. If we are unable to provide you with the desired size or style, we will process you with iamtrend store credit. Products eligible for exchanges and refunds may be refunded into your original method of payment or you will receive an iamtrend credit.
Refunds are offered in the original method of payment or you will receive an iamtrend credit. Once a refund has been requested, provided that it is in line with iamtrend’s refund policy, a consultant will book a collection for the product(s) at the address provided on your account. When iamtrend receives the product, provided that it is in its original condition and packaging, we will process your refund. It costs an additional fee to collect the glasses, the fee is the same as the original shipping fee, this is deducted from the total amount refunded. Refunds take 1- 5 working days to process. EFT and credit card refunds will take 2-3 working days to reflect in your account due to the reflection delay between banks. Please note that the courier cost of the return is for your account, and will be deducted from any refund due to you. The original courier fee, if applicable, is not refundable.
If you received free shipping for your order and wish to return your products, you will be liable to pay an return fee based on your postal code which will be deducted from the total amount refunded.
Items sent in anything other than the original packaging will not be accepted.
Any refunds are processed strictly in accordance with the original sales tender type. Sale items and or coupons are not refundable.
You can book your exchanges or refunds here.
iamtrend will gladly accept returns or exchanges of new, unworn, and unaltered products within 7 days of delivery confirmation. Once you have requested an exchange, a consultant will request that you EFT a delivery fee between R70 and R175. This fee will be the same as the fee you paid for the initial delivery. Once proof of payment has been received, the collection will be booked for the product(s) you wish to exchange. Please ensure the goods are packaged in the original shipping packaging for protection. It is your responsibility to ensure the goods are properly packaged to avoid damage during transport. Any damage will result in us being unable to accept the exchange/return. When iamtrend receives your product(s), provided that it is in its original condition and packaging, we will deliver the product(s) you have exchanged them for.
If you received free shipping for your order and wish to exchange your products, you will be liable to pay an exchange fee based on your postal code.
Please note that shipping fees are not refundable.
Items sent in anything other than the original packaging will not be accepted.
Sale Order Exchanges and Refunds
Sale products or products that have been discounted (permanently or temporarily) are not eligible for refunds or exchanges unless the product is broken/damaged/faulty/incorrect due to manufacturing faults.
The content of the website
Whilst every effort is made to update the information provided on this website on a regular basis, iamtrend makes no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of any information, data and/or content on the website from time to time.
iamtrend reserves the right at any time to change or discontinue without notice, any aspect or feature of the website and any information, data and/or content on the website.
iamtrend (Pty) Ltd provides the information contained on this website and the pages comprising the website (“Website”) and advertises the products to you, subject to the terms and conditions set out herein and as may be referenced herein (“the terms”) unless otherwise stated. For the purposes of these terms, “products” means those items offered for sale by iamtrend or the services made available from time to time via the website.
1.2 When these Terms mention “iamtrend”, “we”, “us” or “our” it refers to the Proprietary Limited (Registration No. 2015/122071/07), a for profit private company registered and incorporated in accordance with the laws of the Republic of South Africa, with its registered address located at Office 2A, Waterside Place 2, South Gate, Tyger Waterfront, Cape Town, South Africa, 7530.
1.3 We provide the Website to you subject to these Terms, which govern the use of the Website and may be updated by us from time to time in accordance with section 3 of these Terms.
1.4 The Website contains information relating to the sale of eyewear and provides related products and services.
1.5 Reference to “personal information” in these Terms means “personal information” as defined in the Protection of Personal Information Act 4 of 2013 (“POPI”).
1.7 The terms of our relationship with you should you purchase any of our products are detailed in and governed by our Terms and Conditions of Service Agreement.
2. APPLICATION AND BINDING EFFECT OF THESE TERMS
2.1 Your continued use of the Website indicates that you:
2.1.1 have read and agree to be bound by these Terms;
2.1.2 warrant in favour of us that you are 18 (eighteen) years of age or older and/or you have the full legal capacity to agree to and be bound by these Terms; and
2.1.3 accept that these Terms constitute a contract valid and binding on you and enforceable against you.
2.2 If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound by these Terms and to be liable and responsible for you and all your obligations under these Terms.
2.3 You cannot use the Website if you do not accept these Terms.
2.4 All sections of these Terms are applicable to you unless the section expressly states otherwise.
2.5 If you do not agree with any of the clauses in these Terms you must stop using the Website.
2.6 These Terms are binding and enforceable against all users of the Website. Additional specific terms may apply for specific services and/or products offered through the Website. If there is a conflict between these Terms and the specific terms, the specific terms will apply.
2.7 We may amend these Terms from time to time without prior notice to you. Each new or amended version of the Terms becomes binding on you each time you visit and/or use the Website.
3. CHANGES TO THESE TERMS
3.1 iamtrend may, in its sole discretion, change any of these Terms at any time in accordance with this provision.
3.2 If we make changes to these Terms, we will post the revised Terms on the Website and update the “Last Updated” date at the top of this Agreement.
3.3 It is your responsibility to regularly check these Terms and make sure that you are satisfied with the changes. Should you not be satisfied, you must not use the Website.
3.4 Any such change will only apply to your use of the Website after the change is displayed on the Website. If you use the Website after such amended Terms have been displayed on the Website, you will be deemed to have accepted such changes.
3.5 If you disagree with the revised Terms, you may terminate this agreement with immediate effect and cease using our Website.
4. IMPORTANT NOTICE
4.1 These Terms apply to users who are consumers for purposes of the Consumer Protection Act 68 of 2008 (the “CPA”).
4.2 These Terms contain provisions that appear in similar text and style to this clause and which:
- may limit the risk or liability of iamtrend or a third party; and/or
- may create risk or liability for the user; and/or
- may compel the user to indemnify iamtrend or a third party; and/or
- serves as an acknowledgement, by the user, of a fact.
4.3 Your attention is drawn to these provisions because they are important and should be carefully noted.
4.4 If there is any provision in these Terms that you do not understand, it is your responsibility to ask iamtrend to explain it to you before you accept the Terms or continue using the Website.
4.5 Nothing in these Terms is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or iamtrend in terms of the CPA.
4.6 iamtrend permits the use of the Website subject to the Terms. By using the Website in any way, you shall be deemed to have accepted all the Terms unconditionally. You must not use the Website if you do not agree to the Terms.
5.1 You can address any questions or concerns arising from these Terms or your use to [email protected]
6. ACCESS, REGISTRATION AND LOGIN DETAILS
6.1 You may be required to register an account (“iamtrend Account”) to access and use certain features of the Website, such as requesting further information about our products or accessing certain functionalities, and you will be required to submit your full name, surname, email address, and contact details and other information.
6.2 If you are registering an iamtrend Account for a business, organisation or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
6.3 You register an iamtrend Account using an email address (username) and creating a password.
6.4 You must provide accurate, current and complete information during the registration process and keep your iamtrend Account up-to-date at all times.
6.5 Your right to access and use the Website is personal to you and may not be transferred to any other person or entity. By entering your username and password, we are entitled to assume that the person using the Website is you. You agree and warrant that your username and password will be used for personal use only and not be disclosed by you to any third party.
6.6 You accept complete responsibility to keep your details, username and password safe, secure and confidential and may not disclose your credentials to any third party.
6.7 For security purposes you agree to enter the correct username and password, failing which you will be denied access.
6.8 You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable to comply with the terms and conditions applicable to any products purchased by you, including but not limited to applicable payment terms.
6.10 You must familiarise yourself with and follow the security procedures communicated by us on the Website or through other mediums from time to time. You agree and accept that if you fail to follow the recommended security procedures it may result in a breach of the confidentiality of your personal information and may lead to unauthorised access of your account and personal information.
6.11 If you are a business, you must ensure that only authorised persons have access to and are allowed to use the Website with your secure login details. You and/or your business are however responsible for any action of those individual(s) (whether authorised or not) when they interact with us. You must change your details when authorised persons leave your service or are no longer authorised to use the Website.
6.12 You are responsible for keeping all of your personal information, usernames and passwords up-to-date, secure and confidential and must notify us immediately if there has been, or if you suspect, any breach of security or confidentiality relating to your use of the Website.
6.13 We may at any time request that you provide, in a form satisfactory to us, documentary evidence establishing and/or confirming your identity as the registered user of the Website (if applicable).
6.14 Your access to or use of certain areas and features of the Website may be subject to separate policies, standards or guidelines, or may require that you accept additional terms, before you can access the relevant areas or features of the Website. If there is a conflict between these Terms and further terms applicable to a specific area or feature of the Website, the further terms will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the further terms.
7. SOCIAL MEDIA INTEGRATION
7.1 Where we indicate it, using the Website may connect to various social media sites or apps, including Facebook, Twitter, LinkedIn, Instagram, TikTok and Google+, for purposes of creating user profiles, or logging in or sharing information.
7.2 If you proceed to use the Website in this case, the respective social media platform’s rules will apply and you will be prompted to accept to integrate before integration can occur.
8. LIABILITY AND INDEMNITY FOR USE OF INFORMATION AND IMAGES
8.1 The use of our Website and purchase of products by you is entirely at your own risk and you assume full responsibility for any risk or loss resulting from the use of the Website, the products provided or reliance on any information on the Website.
8.2 Except if we expressly indicate on the Website, we do not give any medical, financial, tax, legal or other advice, prognosis or diagnosis and information provided on the Website is strictly for information purposes only.
8.3 Whilst iamtrend takes reasonable measures to ensure that the content on the Website is accurate and complete, we give no guarantee of any kind concerning the content on the Website and give no warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website, or make any representation that the Website will operate error-free or without interruption or downtime or that any errors will be corrected or that the content is complete, accurate, up to date, or fit for a particular purpose.
8.4 The Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
8.5 We give no guarantee of any kind concerning the products and/or services provided through the Website and give no warranties, whether express or implied, of whatsoever nature in relation to the products and/or services including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
8.6 Any views or statements made or expressed on the Website are not necessarily the views of iamtrend, its directors, employees and/or agents.
8.7 You rely on any opinion or any other information provided on or through the Website and conclude any purchase for products through the Website entirely at your own risk and we will not under any circumstances be liable to you or any third party for damages or losses (whether financial or otherwise) suffered should you or a third party rely on any of the information on the Website.
8.8 You indemnify and hold us (including our directors, agents, contractors and service providers) harmless against all and any loss, liability, actions, suites, proceedings, costs, demands and damages of all and every kind (including direct, indirect, special or consequential damages), and whether in an action based on contract, negligence or any other action, arising out of or in connection with the use of the Website, the purchase of and provision of products by/to you, the use or reliance on any information and images contained on the Website, or the use of information and/or images relating to any products, whether due to our (including our directors’, agents’, contractors’ and service providers’) negligence or not.
8.9 In addition to the disclaimers contained elsewhere in these Terms, iamtrend also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risks associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of iamtrend, its employees, agents or authorised representatives. iamtrend thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Website.
9. USING ELECTRONIC DEVICES TO ACCESS THE WEBSITE
9.1 You may only be able to access and use the Website or any products sold on our website or services provided via the Website by using electronic devices (“devices”) which have the required specifications.
9.2 Not all devices may support the use of the Website. It is your responsibility to use a device that supports the Website and to keep your device updated and/or in a condition for it to support the use of the Website.
9.3 We are committed to business practices in compliance with the POPI. By registering on the Website, you agree that we may process your personal information in terms of this clause as it may be amended from time to time, or such further privacy policies that may be published on the Website, in compliance with POPI or such other laws as may be or become applicable.
9.4 You are solely responsible for all internet data usage charges incurred while downloading or using the Website.
10. RISK, LOSS OR DAMAGES
10.1 You hereby agree that subject to applicable law, we will not be liable for:
10.1.1 any interruption, malfunction, downtime, off-line situation or other failures of the Website, our systems, databases or any of its components;
10.1.2 any loss or damage with regard to the use of your personal information or data, or any loss directly or indirectly caused by a malfunction of our system, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on our system or third party systems or programming defects; and/or
10.1.3 any interruption, malfunction, downtime or other failures of the Website due to, without limitation, third-party systems such as the public switched telecommunication service providers, internet service providers, electricity suppliers, local authorities and certification authorities, or any other event over which we have no direct control.
10.2 iamtrend disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
10.3 Neither you nor us (or our personnel), will be liable for any failure to perform any obligation to the other due to causes beyond your, our (or our personnel’s) respective reasonable control. This includes lightning, flooding, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, acts or omissions of persons for whom we are not responsible, acts of government or other competent authorities (including telecommunications and internet service providers).
11. TRANSMISSION AND ACCURACY OF ELECTRONIC INFORMATION
11.2 We implement reasonable security measures to ensure the safety and integrity of the Website. However, despite this, information that is transmitted over the Internet may be susceptible to hacking, theft or other forms of unlawful access.
11.3 We are not responsible for any unlawful access, monitoring and modification of information transmitted via the Website or as a result of your use of the Website nor are we responsible for the proper and/or complete transmission of the information contained in any electronic communication or of the electronic communication itself nor for any delay in its delivery or receipt via the Website or resulting from your use of the Website.
12. DEEMED RULES FOR SENDING AND RECEIVING ELECTRONIC MESSAGES
12.1 You hereby acknowledge that we will primarily use e-mail and electronic notices or messages sent through the Website as our main communication tool for all communications relating to your use of the Website. These communications may include the use of SMS (short message services), phone calls, email or other communication channels.
12.2 You agree that the following terms will apply when you (or any one acting on your behalf) and us communicate via electronic messages sent through electronic means, including via the Website directly or email:
12.2.1 all electronic message will be deemed sent from, and received at your specified e-mail address or mobile phone and your address as specified in these Terms;
12.2.2 an electronic message is deemed to have been sent:
18.104.22.168 by you, at the time at which we are capable of accessing such message;
22.214.171.124 by us, at the time shown on the electronic message as having been sent; or
126.96.36.199 if not so shown, at the time shown on our system as having been sent.
12.3 An electronic message is deemed to be received:
12.3.1 by you, once it becomes capable of being retrieved by you; or
12.3.2 by us, once we have confirmed receipt thereof or responded thereto, whichever is the earlier.
12.4 An electronic message shall be attributed:
12.4.1 to you, if it purports to have originated from you, irrespective of the fact that someone else may have impersonated you or whether the electronic message sent to us resulted from an error or malfunction in the communication system, except if you can timeously satisfy us otherwise before we have acted upon the message; or
12.4.2 to us, if it has been sent by a duly authorised representative and the representative acted within the scope of its authority or by an automated system programmed by us and the system operated without error or malfunction.
12.5 Unless otherwise provided for in these Terms, confirmation by us of receipt of your electronic message is required to give legal effect to the electronic message.
13.1 We will take reasonable steps to prevent viruses from attacking the Website, but cannot guarantee or warrant that should you access and use the Website or that any information available for downloading from the Website will be free from infection, viruses and/or other code that has contaminating or destructive properties and subject to these Terms, we expressly exclude our liability in this regard.
13.2 You are responsible for, and we recommend that you take your own precautions and implement sufficient procedures to satisfy your particular security requirements.
14. THIRD-PARTY SITES
14.1 The Website may contain links or references to other Websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms do not apply to those websites and iamtrend is not responsible for the practices and/or privacy policies of those websites or the “cookies” that those sites may use.
14.2 Notwithstanding the fact that the Website may refer to or provide links to third-party websites, your use of such 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.
14.3 The inclusion of any hyperlinks or any advertisement of any third party on the Website does not mean that we endorse such third party or apps, their products, services, business or security practices.
15. LIMITATION OF LIABILITY
15.1 iamtrend cannot be held liable for any inaccurate information published on the Website and/or any incorrect information displayed on or transmitted through the Website, save where such liability arises from the gross negligence or wilful misconduct of iamtrend, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by going to the “Contact Us” tab located here.
15.2 iamtrend SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE.
15.3 YOU HEREBY INDEMNIFY IAMTREND AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THE WEBSITE AND/OR THE PROVISION OF PRODUCTS AND/OR SERVICES TO YOU THROUGH THE WEBSITE.
16. AVAILABILITY AND TERMINATION
16.1 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.
16.2 iamtrend may in its sole discretion terminate, suspend and modify the Website, with or without notice to you. You agree that iamtrend will not be liable to you in the event that it chooses to suspend, modify or terminate the Website other than for processing any requests/purchases made by you prior to such time, to the extent possible.
16.3 If you fail to comply with your obligations under these Terms, 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.
16.4 iamtrend is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept any request, and/or to cancel any request concluded between you and iamtrend, in whole or in part, on notice to you. iamtrend accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any request.
17. INTELLECTUAL PROPERTY RIGHTS
17.1 You acknowledge and agree that all rights, title and interest in, and to, any intellectual property (including but not limited to any copyright, trademark, design, logo, photographs, diagrams, designs, process, practice, methodology which forms part of, or is displayed or used on the Website, including, without limitation, any graphics, logos, designs, text, button icons, images, audio clips, digital downloads, data compilations, page headers and software) is our property or the respective owner(s) property and will remain so vested in all circumstances.
17.2 You therefore agree that you will not at any time or under any circumstances acquire any intellectual property rights of any nature by using the Website or services provided through the Website.
17.3 You agree that you will not at any time, whether alone or in conjunction with any third party, attempt or actually:
17.3.1 copy or distribute any of the content available on the Website;
17.3.2 use the Website for commercial purposes, unless we have agreed that you may do so in writing;
17.3.3 alter, reverse-engineer, modify, circumvent, disable, amend, tamper with or change any part of the Website;
17.3.4 alter, reverse-engineer, modify, circumvent, disable, amend, tamper with or change any security features of the Website;
17.3.5 infect the Website with any software, malware or code that may infect, damage, delay or impede the operation of services provided through the Website or which may intercept, alter or interfere with any data generated by or received through the Website; or
17.3.6 allow any third party to use your usernames and passwords in any manner other than as permitted by these Terms.
18. WARRANTIES AND REPRESENTATIONS
18.1 We make no representations or warranties, whether express or implied, or relating to or stemming from the Website and/or any products and/or services provided through the Website.
18.2 We assume no liability or responsibility for the proper performance of the Website and/or services provided through the Website and/or the accuracy of any information, content, images or audio provided through the Website.
18.3 Any warranty given by you under these Terms shall:
18.3.1 be a separate warranty and will in no way be limited or restricted by inference from the terms of any other warranty or by any other words in the Terms;
18.3.2 continue and remain in force irrespective of whether your account created via the Website is active, suspended or cancelled; and
18.3.3 be deemed to be material.
19. GOVERNING LAW
19.1 These Terms and any matter arising from these Terms including our relationship and/or any dispute arising from or in connection with these Terms, shall be governed by and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms.
19.2 For the purpose of all or any proceedings arising from your use of the Website, you consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
20.1 iamtrend hereby selects Office 2A, Waterside Place 2, South Gate, Tyger Waterfront, Cape Town, South Africa, 7530 as its address for the service of all formal notices and legal processes in connection with these Terms (“legal address”). iamtrend may change this address from time to time by updating these Terms.
20.2 You hereby select the address upon your registration of a user profile as your legal address, but you may change it to any other physical address by giving iamtrend not less than 7 (seven) days’ notice in writing.
20.3 Notices must be sent by hand, or email and must be in English. All notices sent:
20.3.1 by hand will be deemed to have been received on the date of delivery;
20.3.2 by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.
21. COMPANY INFORMATION IN TERMS OF SECTION 43 OF THE ELECTRONIC COMMUNICATION AND TRANSACTIONS ACT NO. 25 OF 2002
21.1 Site owner: iamtrend Proprietary Limited;
21.2 Legal status: iamtrend is a private company, duly incorporated in terms of the applicable laws of the Republic of South Africa;
21.3 Registration No: 2015/122071/07
21.4 Director(s): Tamarin Aubrey;
21.5 Description of the main business of iamtrend: An online platform for the sale of eyewear;
21.6 E-mail address: [email protected];
21.7 Website addresses: www.iamtrend.com
21.8 Physical Address: Office 2A, Waterside Place 2, South Gate, Tyger Waterfront, Cape Town, South Africa, 7530;
21.9 Postal Address: Office 2A, Waterside Place 2, South Gate, Tyger Waterfront, Cape Town, South Africa, 7530; and
21.10 Registered Address: Office 2A, Waterside Place 2, South Gate, Tyger Waterfront, Cape Town, South Africa, 7530.
21.11 PAIA: The manual published in terms of section 51 of the Promotion of Access to Information Act 2000 may be downloaded from here.
22.1 iamtrend may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents.
22.2 You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms to any third party.
22.3 The Terms create a legally binding agreement between yourself and us only. Accordingly, unless expressly stated to be the case, the terms do not create rights in favour of any third party.
22.5 Any provision of these Terms which is or may become illegal, invalid or unenforceable in any jurisdiction affected by these Terms will be ineffective to the extent of the prohibition or unenforceability in the jurisdiction and will be severed from the balance of these Terms, without invalidating the remaining provisions of these Terms or affecting the validity or enforceability of such provision in any other jurisdiction.
22.6 No variation, addition, deletion, or agreed cancellation of the Terms will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
22.7 If we fail or neglect to enforce any of these Terms, it will not mean that we waive any of our rights and it will not affect the validity of the whole or any part of these terms or prejudice our rights to take subsequent action against you or otherwise.