IAMTREND PROPRIETARY LIMITED TERMS AND CONDITIONS OF SALE
IMPORTANT
Please read these terms and conditions carefully and make sure that you understand them. We may amend these terms and conditions from time to time as set out in clause 5 below.
These terms and conditions were most recently updated on 1 November 2024.
1. GENERAL
The headings of the clauses in these Terms are for the purpose of convenience and reference only and shall not be used in the interpretation of, nor modify nor amplify these Terms. Unless a contrary intention clearly appears:
1.1. words importing:
1.1.1. any gender includes all others;
1.1.2. the singular include the plural and vice versa; and
1.1.3. natural persons include created entities (corporate or unincorporate) and the state and vice versa;
1.2. In these Terms the following words shall have the meanings assigned to them in this clause 1 and related expressions shall have corresponding meanings, namely:
1.2.1. “Business Day” means any day other than a Saturday, Sunday or official public holiday in the Republic of South Africa;
1.2.2. “Consumer” shall have the meaning as contemplated in the CPA;
1.2.3. “CPA” means the Consumer Protection Act 68 of 2008, as amended from time to time;
1.2.4. “iamtrend“, “we“, “us“, “our” means iamtrend Proprietary Limited, a company registered and incorporated in accordance with the laws of South Africa, situated at Carl Cronje Drive, Waterside Place 2, Office 2A, South Gate, Bellville, 7530 or such other registered address;
1.2.5. “Personal Information” shall have the meaning ascribed to it in the Protection of Personal Information Act 4 of 2013;
1.2.6. “Terms” means these terms and conditions of sale;
1.2.7. “VAT” means Value Added Tax and shall have the meaning ascribed to it in the Value-Added Tax Act 89 of 1991;
1.2.8. “Website” means our website at www.iamtrend.com; and
1.2.9. “you“, “your” and “customer” refers to any customer of iamtrend, including yourself.
2. ACCEPTANCE
2.1. All purchases and prospective purchases made by you through our Website, are subject to and regulated by these Terms together with the Website Terms of Use (https://www.iamtrend.com/terms-conditions) and Privacy Policy (https://www.iamtrend.com/privacy-policy/).
2.2. Each order submitted by you using our Website constitutes an offer to purchase products and by ticking the box indicating that you “Agree” to accept the Sale Terms and Conditions at checkout, you accept and become bound by these Terms.
2.3. Our acceptance of an order placed by you is at all times conditional upon your acceptance of these Terms in the manner indicated in clause 2.2 and subject to the products on our Website being available.
2.4. In the event that you do not agree to these Terms, you may not proceed with placing your order for the purchase or prospective purchase of products.
2.5. If you are a minor and/or younger than 18 (eighteen) years of age, you must obtain the written consent and assistance of an adult who is your legal guardian, to accept these Terms and to purchase any products from us.
2.6. We reserve the right to refuse to process any order placed by any customer on our Website without notice or reason.
3. USE OF WEBSITE
Your use of our Website is governed by our Website Terms of Use at https://www.iamtrend.com/terms-conditions/. Please take the time to read these, as they include important terms which apply to you.
4. HOW WE USE YOUR PERSONAL INFORMATION
We only use your Personal Information in accordance with our Privacy Policy available at https://www.iamtrend.com/privacy-policy/. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.
5. OUR RIGHT TO VARY THESE TERMS
5.1. We may change/update these Terms from time to time in the following circumstances:
5.1.1. changes in how we accept payment from you;
5.1.2. changes in how we price products and pricing;
5.1.3. changes in relevant laws and regulatory requirements; and
5.1.4. any other changes that may be required from time to time following changes to our business practices.
5.2. Every time you order products from us, the Terms in force at that point in time, will apply to the order you placed with us.
6. PRODUCT AVAILABILITY, DESCRITPION AND PRICE
6.1. The images of the products on our Website are for illustrative purposes only. Although we have made every effort to display the colours and dimensions accurately, we cannot guarantee that your device will accurately display the colours and dimensions of the products and type of packaging. The packaging of the products and products themselves may therefore vary from that shown on our Website.
6.2. We will have the right at any time to make changes to information about products displayed on our Website, including but not limited to information about product prices, materials or the description and availability of products, without prior notice to you.
6.3. All products shown on our Website and orders made by you for products shall at all times be subject to the availability of the product. Should you place an order for a product which is not available, we reserve the right to not accept your order, regardless of whether we have indicated that the product is available on our Website.
7. DISPLAYED DISCOUNTS
7.1. Any discount on products displayed on our Website shall only be valid for:
7.1.1. as long as we have stock of that particular product on hand as determined by us in our sole and absolute discretion; or
7.1.2. the period of time for validity of the discount stated on either our Website, in a notification released by us, or in an advertisement placed by us.
7.2. In the event that there is a conflict between the time frame that a discount applies or the discount percentage amount as stated on our Website, or in a notification, or in an advertisement, the discount or period of validity of the discount as stated on our Website will prevail.
7.3. Any discount that may be displayed or granted, shall only apply to the actual price of the product as stated on our Website and not to any VAT, transport costs, insurance, storage charges, or other duties, taxes or costs, that may be applicable.
8. ORDERING PRODUCTS
8.1. To place an order for products from our Website, you will be required to follow the online step-by-step process as set out on our Website or you can refer to our FAQ page located at https://www.iamtrend.com/faqs/, for guidance.
8.2. Our online order process allows you to view products and their corresponding prices, to choose which products you would like to order, to check and amend any errors in your product choice, to order and accept to purchase the product at the specified price, to accept associated charges, and to choose the address at which the products must be delivered in accordance with clause 12, before submitting your order to us.
8.3. Please take the time to read and check your order at each stage of the online order process. We will not under any circumstances, be liable to you for any costs, claims or damages which you may sustain or suffer as a result of incorrectly or erroneously placing an order with us.
8.4. When you successfully place an order with us, we will acknowledge your order by sending you an automated e-mail, which will confirm:
8.4.1. the product(s) you have ordered;
8.4.2. the amount paid by you for the products; and
8.4.3. that the product will be delivered to you in accordance with clause 12.
8.5. If for whatsoever reason we are unable to supply you with a product after you have placed an order with us, we will inform you of this by e-mail. In such circumstances, we have a right to cancel and not process your order or any part of your order.
9. PAYMENT TERMS
9.1. Unless otherwise agreed, you will be required to pay the purchase price for products ordered by you through our Website and any applicable taxes, duties and costs, without deduction or set-off, at the time of concluding your online order and via our secure payment system where you can enter your banking details to complete payment (using payfast), scan the barcode provided (using snapscan), or pay for your first interest free instalment (using payflex).
9.2. If your order is unsuccessful and you are unable to make an online payment, an automated email will be sent to you giving you our banking details allowing you to make an eft payment using your order number as a reference or alternatively, you can follow the process to fill out our offline sale form.
9.3. If you make an eft instead of an online payment you will be required to email your proof of payment to shop@iamtrend.com for your order to be processed.
9.4. In the event that bank charges and/or other fees are levied on or added to a payment made by you to us from any country or jurisdiction, you acknowledge and agree to be liable for all such bank charges and additional costs.
9.5. You will be required to pay all applicable VAT levied in terms of the Value-Added Tax Act 89 of 1991, any other taxes (“Taxes“) payable under, or arising out of, or in connection with placing an order for and purchasing products on our Website and shall not withhold any Taxes from the payments due to us. Unless otherwise stated, any products listed on our Website are stated inclusive of VAT.
9.6. You hereby consent to and agree that we may issue you with an invoice in accordance with these Terms or if you request an invoice from us for an order placed by you, in electronic format via email and/or through the Website.
10. NOTIFICATION OF SPECIAL PURPOSE
10.1. If you intend to purchase any goods which you require for or intend to use for a special or particular purpose, other than the purpose for which the goods are ordinarily used, in such circumstances, you are required to communicate the full particulars of the purpose of the product to us in writing before purchasing the product.
10.2. Upon receiving a written notification from you in accordance with clause 10.1, if in our opinion the product will meet the special or particular purpose for which you are intending to purchase the product for, we will provide you with written confirmation to this effect.
10.3. Should you not comply with the requirement as set out in clause 10.1 and/or should we not provide you with written confirmation in accordance with clause 10.2, that the product will be suitable for the special or particular purposes that you intend purchasing it for, unless otherwise provided in law, we will not be liable (including but not limited to accepting the return of, or refunding you the purchase price of the product unless in accordance with clause 15), should you proceed to purchase a product and the product fails to be suitable for the special or particular purpose as intended by you.
11. SALE ORDER EXCHANGES AND REFUNDS
11.1. Sale products or discounted items (whether permanently or temporarily discounted) are not eligible for refunds or exchanges unless the product is broken, damaged, faulty, or incorrect due to manufacturing faults.
12. PACKAGING
12.1. Full-priced items will be packaged in our premium branded boxes, including a faux leather case and a microfiber cleaning cloth (“Premium Packaging”).
12.2. Sale and/or discounted items will be packaged in a branded drawstring bag with a microfiber cloth, and shipped in a personalised brown cardboard box for protection.
12.3. We reserve the right to change or use alternate packaging at any time. Premium Packaging is subject to availability.
13. CANCELLATION OF ORDERS
13.1. We shall pay refunds for the cancellation of an order by you in the following circumstances:
13.1.1. general: if you place your order before 12 PM / midday, your order will be shipped on the same day. If you place your order after 12 PM / midday, it will be shipped to you the next Business Day.
13.1.2. cancellation prior to the date of shipment for delivery: with reference to clause 11.1.1, you have a right to cancel your order prior to 12 PM / midday on the date of shipment/dispatch of the product for delivery to you, in which instance, we will refund any amounts paid by you in respect of the products; or
13.1.3. cancellation after the product has been shipped for delivery: with reference to clause 11.1.1, you have a right to cancel your order once the product has been shipped to you, but prior to delivery of the product to you, in which instance, you will be liable for any costs associated with shipping the product back to us and/or cancelling the shipment, together with a handling fee equal to a percentage of the purchase price paid by you, as determined by us in our sole and absolute discretion, which amounts will be deducted from the purchase price before repayment to you.
13.2. Notwithstanding anything in these Terms, you will not be able to cancel an order for products that we have specially ordered for you at your request.
14. DELIVERY AND SHIPPING
General
14.1. No collection of purchased Products is possible and we only deliver.
14.2. We shall in our sole discretion, be entitled to charge an additional fee for shipping and delivery of the products. Additional charges for shipping and delivery will be confirmed to you during the order process and payable prior to delivery. In the event that certain shipping and delivery costs become due and payable after your order has been processed, we will be entitled to charge you for any such amounts.
14.3. We shall in our sole discretion decide which service provider will ship and deliver your order to you and to which areas and/or countries we will ship and deliver our products.
14.4. Provided that we have the products you have ordered in stock, we will aim to process and deliver your order within 2 (two) to 4 (four) Business Days of receiving your order through our Website.
14.5. Notwithstanding clause 12.4, any dates stipulated for delivery in your order confirmation are approximate only, and it is expressly agreed that time of delivery of the products is not of the essence. We will however aim to communicate any delay in delivery to you in a timely manner.
14.6. If for whatsoever reason an order is delivered later than indicated to you, we will not under any circumstances, be responsible for losses, claims, or damages suffered by you as a result of a delay in delivery, including for any expedited shipping costs.
14.7. Once an order has been delivered to you at your chosen delivery address, you will be issued with a delivery confirmation, which will serve as necessary proof that the product has been delivered to you.
14.8. If at the time of delivery of the product, you have not had an opportunity to examine or inspect the product before placing your order, and if the product is not:
14.8.1. the product you ordered; or
14.8.2. of the type or quality one could reasonably expect from such a product,
you will be required to notify us within 7 (seven) days of receiving delivery of the product and follow the return process set out in clause 15.
14.9. We shall be entitled to suspend any delivery if you are in breach of any of these Terms (all of which terms are considered material) and/or the terms of any other agreement we may have with you.
14.10. Notwithstanding anything in these Terms, we shall be entitled, in our sole and absolute discretion, to refuse to deliver a product that requires payment of fees that have not been prepaid by you.
Undeliverable Orders
14.11. If you fail to take or accept delivery of the products, we shall contact you to arrange a further time for delivery and charge you for all related costs and expenses (including insurance and shipment costs) to redeliver the product to you.
14.12. Notwithstanding clause 12.11, should you continue to fail to take delivery of the product, we may at our sole discretion cancel your order, deduct any amounts due by you for charges and costs related to attempting to deliver the product to you (including shipping and delivery costs, handling fee and restocking fee), and refund the balance of the purchase price paid by you less any such amounts, within a reasonable period of time.
14.13. Any orders that are returned to us as refused by you or such other person purporting to act on your behalf, will be dealt with in accordance with clause 12.12.
15. DAMAGED OR MISSING PRODUCTS
15.1. If a product is delivered to you and is damaged, you must notify us at shop@iamtrend.com as soon as you have become aware that the product is damaged but no later than 7 (seven) days after delivery of the product to you. In such an instance:
15.1.1. we will contact you to commence with the process to investigate the damaged product and inform you of the steps you must take; and
15.1.2. you are required to keep all of the packaging material, boxes and broken parts until such time as we, or the shipping company, have completed our/their investigation into the damaged product.
15.2. If you are missing any items from your order, you must notify us at shop@iamtrend.com, as soon as you become aware of the missing product by no later than 7 (seven) days after having taken delivery of the product.
15.3. If you fail to report damaged and/or missing products to us within the time periods stipulated in clause 13.1 or 13.2, we will not be required to replace such damaged or missing products under any circumstances.
16. LOST PRODUCT
16.1. If you do not receive delivery of your product and the delivery confirmation shows that the product has been delivered to you, you must notify us as soon as you become aware of this so that we can initiate a lost package tracer with our designated shipping company.
16.2. We will not be obliged to redeliver any lost product until such time as the shipping carrier or courier company who was appointed by us to deliver your product to you, has officially terminated the request to trace or track the lost product and/or has granted permission for a replacement product to be shipped to you. Please note that this is the policy of our designated shipping company and not our own internal policy.
16.3. We cannot guarantee that any packages will be credited by the designated shipping carrier until the process referred to in clause 14.1 and 14.2 is complete.
17. RETURNS, EXCHANGES AND REFUNDS
General
17.1. We allow refunds and exchanges within 7 (seven) days after delivery has been completed by the courier provided that the product is in the original packaging.
17.2. No returns will be accepted without proof of purchase, unless we agree otherwise or permitted by law.
17.3. Any product that is returned to us in accordance with these Terms, must be unused and in a saleable condition, as determined by us in our sole discretion.
17.4. Notwithstanding anything in these Terms, we will not be required to accept the return or exchange of:
17.4.1. products that have been specially ordered for you;
17.4.2. items bought on sale and/or promotion; or
17.4.3. complimentary items or free gifts with purchase.
17.5. We are entitled, in our sole discretion, to charge you a reasonable handling fee and/or amount to repackage and restock any returned product.
17.6. Notwithstanding anything in these Terms, we reserve the right to withhold any refund or to exchange a product which you claim to be defective, until such time as the defective product has been completely examined by the manufacturer.
17.7. We will not under any circumstances be liable to you for any costs, losses, or inconvenience suffered by you, or a third party, as a result of or related to a defective product.
18. RETURNS
Returns by Consumers
Notwithstanding any other term of these Terms, clauses 16.1 to 16.5 which regulate the return of products, shall only apply to you if you are a Consumer.
Returns within 7 (seven) days
18.1. We will accept the return of products purchased through our Website within 7 (seven) days from the date of delivery of the product to you and provided that:
18.1.1. the product has not been used;
18.1.2. is returned in the original packaging and in a saleable condition; and
18.1.3. you have the relevant proof of purchase and/or delivery.
18.2. You will be liable for all fees and costs associated with shipping and/or returning a product to us in accordance with clause 16.1.
Returning defective goods
18.3. Subject to clause 16.4 and 16.5, if the product is not:
18.3.1. reasonably suitable for the purpose that it is intended to be used for;
18.3.2. of good quality, free of defects and in good working order; and/or
18.3.3. durable and usable for a reasonable period of time;
you shall be entitled to the return the product to us within 6 (six) months of delivery of the product to you and shall be entitled to elect:
18.3.3.1. that we replace the product;
18.3.3.2. repair the product; or
18.3.3.3. return the product and receive a full refund of the purchase price, and
in such an instance referred to in clause 16.3 we shall reimburse you for all fees and costs associated with returning the defective product to us.
18.4. We will not under any circumstances be liable for any defects of any eyewear fitted with prescription lenses given that the original eyewear has been modified, altered, changed, and/or worked-on by a third party.
18.5. Where defects are alleged to be present in purchases from our acetate or stainless steel collections which are made to withstand the heat and alterations necessary to insert prescription lenses by a certified optometrist, we will need to inspect the eyewear in order to access the defect and determine the cause. Our determination regarding whether we are responsible for the defective eyewear or not will be final.
19. EXCHANGES
19.1. Once an exchange has been requested, provided that the purchase meets all our requirements for an exchange (clause 15), one of our consultants will email you to request that you eft the new delivery fee to secure the exchange. This fee will be the same as the amount that you paid for your initial delivery.
19.2. Once we have received proof of payment from you via email, collection will be booked for the product you wish to exchange. When we receive your product, provided that it is in its original condition and packaging, we will deliver the product you have exchanged them for.
19.3. Full price products may only be replaced with other full-priced products and not items that are on sale.
19.4. Products eligible for exchanges and refunds may be refunded into your original method of payment or you will receive an iamtrend credit. Any credit held by you will expire when the full value is redeemed or on a date 3 (three) years after the date of issue, whichever is the earlier.
20. REFUNDS
20.1. We will give you a refund based on the original payment method used to buy the products and the original purchase price paid by you.
20.2. Once a refund has been requested, provided that the purchase meets all our requirements for a refund (clause 15), a consultant will book a collection for the product at the address provided on your account.
20.3. When we receive the product, will process your refund.
20.4. We charge a refund fee, this fee will be the same as the amount that you paid for your initial delivery to collect the eyewear and will be deducted from the total amount refunded.
20.5. Refunds take approximately 1 (one) to 5 (five) Business Days to process. EFT and credit card refunds will take 2 (two) to 3 (three) Business Days to reflect in your account due to the reflection delay between banks.
20.6. Please note that shipping fees are not refundable (unless the item is returned in accordance with clause 16.3).
21. OWNERSHIP AND RISK
21.1. Risk in and ownership of the products will pass to you on delivery.
21.2. In the event that we have not received full payment of the purchase price of the products and any applicable taxes, duties and costs on the date of delivery from you, ownership will only pass to you once we have received full payment of such amounts.
21.3. We will not under any circumstances, be responsible for lost or stolen products that have been successfully delivered to you.
21.4. For purposes of these terms, a delivery confirmation will serve as necessary proof that the products have been successfully delivered to you.
22. QUALITY OF GOODS
22.1. We will endeavour to at all times supply products that:
22.1.1. are reasonably suitable for the purposes for which they are generally intended;
22.1.2. are of good quality, in good working order and free of any defects;
22.1.3. will be useable and durable for a reasonable period of time, having regard to the use to which they would normally be put and to all the surrounding circumstances of their supply; and
22.1.4. comply with any applicable standards set under the Standards Act, 1993 (Act No. 29 of 1993), or any other public regulation.
22.2. The customer accepts that in the supply chain, we are only the seller of the products and that we are not the manufacturer of the goods.
23. LIMITATION OF LIABILITY AND INDEMNITY
23.1. Subject to any applicable laws, you agree that we will not be liable for any costs, claims, damages (including, without limitation, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss (such as loss of profits, business, goodwill, revenue or anticipated savings) or damage of any kind), penalties, actions, judgments, suits, expenses, disbursements, fines or other amounts that you or any third party might suffer that relate to or arise from these Terms or your purchase and use of a product through our Website, or termination of these Terms, for any reason, whether or not anyone anticipated or should have anticipated that the damages would occur.
23.2. Subject to any applicable laws, you agree to indemnify and hold us harmless in respect of any claim that a third party might bring against us that relates to or arises from these Terms or your purchase and use of a product through our Website.
24. MISCELLANEOUS TERMS
24.1. The law of the Republic of South Africa will apply to these Terms, its interpretation and any matter or litigation arising from them.
24.2. You consent to the jurisdiction of the Magistrate’s Court for any action arising out of these Terms, notwithstanding that the claim or the value of the matter in dispute might be more than the monetary jurisdiction of the Magistrate’s Court.
24.3. You agree to be liable for all legal costs including costs on the scale as between attorney and his own client and collection charges and tracing costs in the event of a dispute between us.
24.4. In the event that any part of these Terms is found to be partially or fully unenforceable for failure to comply with applicable laws, or for any other reason, this will not affect the application or enforceability of the remainder of these Terms.
24.5. No representative, agent or consultant has any authority to waive or vary any of the terms in these Terms or make any representations whatsoever on our behalf.
24.6. Address for service for all purposes under these Terms, shall be the address provided by the Customer for delivery of the product and our address as being Carl Cronje Drive, Waterside Place 2, Office 2A, South Gate, Bellville, 7530. Any notice or communication required or permitted to be given in terms of this agreement shall be valid and effective only if in writing, which shall include giving notice by e-mail.