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Terms and conditions

1. Introduction

   1.1. Welcome to the EGG website. This website can be accessed at weareegg.co.za, related mobi-sites and Apps (“the Website”) and is owned and operated by We Are EGG (Pty) Ltd, registration number 2020/016714/07 (“EGG”, “we”, “us” and “our”).

   1.2. The terms and conditions as set out hereinincorporate any other Policies on the Website, which may also apply to you govern, inter alia, the installation, access and/or use of the Website, the Apps as well as the free Wi-Fi service, the sale of Goods via this Website, including ordering processes, payment, delivery and any refunds in relation to such Goods ("Terms and Conditions"). 

   1.3. The terms “user”, “you” and “your” are used interchangeably in these Terms and Conditions and refer to all persons accessing the Website for any reason whatsoever.

   1.4. By using the Website in any way, you shall be deemed to have unconditionally accepted all the Terms and Conditions, which may change without notice from time to time. You must not use the Website if you do not agree to the Terms and Conditions. 

   1.5. The Website enables you to, inter alia, shop online for an extensive range of Goods (as defined in terms of clause ‎3 below), apply to be a Partner, access information about our Goods and services and the Partners that supply them.

 

2. Important notice

   2.1 These Terms and Conditions may apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).

   2.2. These Terms and Conditions contain provisions which –
      2.2.1. may limit the risk or liability of EGG and/or
      2.2.2. may create risk or liability for the user; and/or
      2.2.3. may compel the user to indemnify EGG; and/or
      2.2.4. serves as an acknowledgement, by the user, of a fact.

   2.3. These provisions are highlighted for clarity and your attention is drawn to them because they are important and should be carefully noted.

   2.4. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask EGG to explain it to you before you accept the Terms and Conditions or continue using the Website. 

   2.5. Nothing in these Terms and Conditions 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 EGG in terms of the CPA.

   2.6. These terms and conditions are divided into two sections:

            Part A – Orders and Sales;
            Part B – General Legal Terms

 

3. Definitions

In these Terms and Conditions, unless inconsistent with or otherwise indicated by the context:

   3.1. “Apps” means any online application software that is provided by EGG that you install or download from an online application store and access via a mobile device, including but not limited to, any smartphone and/or tablet device.

   3.2. “Business Days” means between 08h00 and 17h00 Monday to Friday, excluding Saturdays, Sundays and statutory public holidays in the Republic of  South Africa.

   3.3. “Customer Centre” means our customer call centre which is reachable via email [customerservice@weareegg.co.za];

   3.4. “Goods” means all products or services displayed for sale on our website, including but not limited to streetwear, sneakers, soles, apparel, fashion, accessories, jewellery, wellness, beauty and living.

   3.5. “Living” means items selected from the Living section of the website;

   3.6. “Partner” means a supplier of merchandise or services whose merchandise is retailed by EGG;

   3.7. "Policies" means the various EGG policies contained in or referred to herein and on our Website, including but not limited to the Privacy Policy, Returns Policy, App Terms, EGG Wi-Fi Terms frequently asked questions (“FAQs”) and product information, which form part of these Terms and Conditions and which may be updated from time to time;

   3.8. “Soles” means items selected from the Soles section of the website;

   3.9. “Streetwear” means items selected from the Streetwear section of the website;

 

PART A: Orders and sales 

 

4. Capacity

Only persons aged 18 (Eighteen) years or older may access and/or utilise this Website. By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. 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 to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions

5. Your account

EGG grants you a limited license to access and make personal use of the Website. If you use and/or register on this Website, you are responsible for maintaining the accuracy of your profile and the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. EGG and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. 

Any personal information (as defined in the Protection of Personal Information Act 4 of 2013) that you provide to EGG via the Website is subject to our Privacy Policy, which governs our collection and processing of your personal information provided via, inter alia Website.  You understand that through your use and/or registration of the Website you consent to the  processing of your personal information as set forth in the Privacy Policy.

Procedures for ordering 

6. Placing an order

Once you have selected the Goods that you wish to buy and submitted your online order, you will be shown an order summary page and given the opportunity to review the ordered items and correct any mistakes before proceeding. By clicking on the "Checkout" button you will have confirmed your online order which constitutes an offer to purchase the Goods subject to these Terms and Conditions.

When making an offer, users will be required to select the Goods that they wish to purchase and to complete the entire checkout process with respect thereto (“the Checkout Process”).

You will be required to provide certain information, in order to purchase Goods that are displayed on our Website, which may include personal information. Please refer to our Website Privacy Policy on our website to view how we process and use your personal information.   

7. Confirming an order

   7.1. EGG may accept or reject your order, depending on the availability of the Goods, any damage to the Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by EGG.

   7.2. Regardless of any communication from EGG stating that your order and/or payment has been confirmed, an agreement of sale between you and EGG is only concluded at the time of delivery of the Goods to you.

   7.3. We will formally confirm or notify you of our acceptance of the order via email (“or”). However, technical or other problems may delay or prevent such confirmations. PLEASE DO NOT send an additional order if you do not receive Order Confirmation from us as this may lead to a duplicate transaction. Should you not have received your Order Confirmation within 1-2 business days, please contact us at the Customer Centre.

   7.4. Placing Goods in a shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available. You cannot hold EGG liable if such Goods are not available when you complete or attempt to complete the purchase cycle at a later stage.

 

8. Cancellation of an order

   8.1. Should you wish to cancel an Order , you may do so in accordance with the terms and conditions of the Returns Policy. Click here to view.

   8.2. EGG reserves the right to refuse to accept or process payment on any order, and may cancel any order if we reasonably suspect that fraud is being perpetrated on your account. However, we accept no liability which may arise as a result of our refusal to process any order.

   8.3. If an order is cancelled by EGG for any reason, EGG will indicate such cancellation as soon as possible thereafter and refund to your bank account any amount already paid.

 

9. Stock availability

You acknowledge that stock of all Goods on offer is limited. EGG will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after placing an order, EGG will notify you and you will be entitled to a refund of the amount paid by you for such Goods. 

 

10. Pricing

   10.1. We will take all reasonable efforts to ensure that prices reflected on the website are accurate. Pricing of Goods is subject to change You will be charged the prices reflected on the Website in respect of the Order during the Checkout Process.

   10.2. Prices for Goods and delivery charges are quoted in South African Rand (ZAR) and include Value-Added Tax (“VAT”), unless otherwise stated.

   10.3. The price payable for the Goods shall be:
      10.3.1. the amount reflected on the Website in respect of an order during the Checkout Process; and
      10.3.2. delivery fees (if any); and
      10.3.3. other additional costs or delivery charges occasioned by the Order.

11. Payment

   11.1. This Website employs secure online payment facilities. All transactions are encrypted using appropriate encryption technology, and EGG utilises 3D secure.

   11.2. All payments in respect of an order shall be effected, without deduction or set-off, and in cleared funds, prior to the delivery of the Goods.

   11.3. All amounts payable by the user to EGG in respect of any Order shall be settled by way of:
      11.3.1. any major credit cards accepted by EGG at the time of placing the Order (which credit cards are currently MasterCard and Visa).  Where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we reserve the right to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation, your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website; or;
      11.3.2. EGG gift voucher.   Payment using a valid gift voucher is subject to the available funds on your gift voucher.  Should the total amount for your Order (including delivery) exceed the amount of funds on your gift voucher you may add a second payment method to pay for the balance of the amount due.

   11.4 Your sales invoice will be provided to you via email, together with your order confirmation.

   11.5. Once you have selected your payment method and you accept these Terms and Conditions, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.

   11.6. Once your payment has been received you will be issued with acknowledgement of payment and the delivery process will then commence.

12. Delivery of Goods

   12.1. EGG offers the following method of delivery for the Goods:
      12.1.1. via courier to an address in the Republic of South Africa of your choice;
      12.1.2. to any EGG store in the Republic of South Africa.

   12.2. The delivery fee will be displayed during the ordering checkout process, but before checkout has been finalised.

   12.3. If collecting in-store, the relevant order confirmation email/electronic receipt (sent to the email address provided by you) must be presented in order to collect your purchase.

   12.4. Where it accepts your order, EGG will deliver the Goods to youat the address of your choice within 3-5 business days of receipt of your payment ("Delivery Period"). We will notify you if we are unable to deliver the Goods during the Delivery Period. Any deliveries on weekends or South African public holidays will carry an additional delivery fee.

   12.5. If the Goods are to be delivered via courier, you warrant and confirm that the delivery address provided at the time the Order is placed is correct. You undertake to receive the goods personally or will, at your own risk, appoint a third party to accept delivery on your behalf. EGG will not accept any responsibility in the event that the person who accepts the Order at the address provided by you is not authorised to do so.

   12.6. Upon delivery or collection of your order a delivery/collection note will be issued for signature, reflecting the Items that are being delivered or collected, delivery fees, Value-Added Tax and the amount paid.

   12.7. You should always check that the Goods being collected or delivered are correct and are free from any defects. Should the packaging be damaged and you accept the order without fully inspecting the items you should add a note on the delivery note stipulating that the packaging was damaged, or items were not inspected. Where there is an issue with the items detected after acceptance of the Order, you should notify our Customer Care Centre without delay in order for us to be aware of any issues with the Items and in order for arrangements to be made for the items to be returned and refunded in accordance with our Returns Policy. Click here to view.

   12.8. You acknowledge that the delivery of the Order is outsourced by EGG to a third party service provider. Accordingly, you accept that EGG will not be liable for any loss or damage caused by them.

   12.9. If you do not collect the Order within 10 business days from the date of delivery to one of EGG’s click and collect facilities or if the courier returns an undeliverable package to EGG in the circumstances contemplated in clause ‎10 below, EGG will refund you, less any applicable delivery charges incurred, and the Goods will no longer be available for collection by or delivery to you unless you place a new order for the Goods.

   12.10. A package might be returned as undeliverable for several reasons, including but not limited to:
      12.10.1 The address is incorrect or outdated.
      12.10.2 The courier system doesn't recognize the way an address was   entered.
      12.10.3 The courier attempted delivery but failed. The courier will make more than one attempt to deliver, but should the courier find that they cannot successfully deliver a customer’s package after the third attempt, the package will be returned to EGG.
      12.10.4 The address was illegible. In rare cases, address labels may become impossible to read in transit. If that happens, a courier will return the package to EGG.
      12.10.5 The package was damaged in transit. If a package is damaged while it's on its way to the customer, the courier may return it without attempting delivery.

13. Promotion

   13.1. From time to time EGG will run promotions on the Website. These promotions will either be on selected products or on all products on the Website. These promotions may or may not be available in EGG stores. For each promotion there will be specific terms and conditions. Promotions may require the customer to apply the stated promo code to their shopping bag during the checkout process.

   13.2. Promo code discounts, even if site wide, will only apply to physical product. No promo code discount will be applied to gift vouchers.

14. Errors

   14.1. We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However to the extent permitted by law, the information displayed on our website is provided without any guarantees, conditions or warranty as to its accuracy.  Should there be any errors of whatsoever nature on the Website, we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the EGG’s Returns Policy.

   14.2. You are encouraged to contact us to report any possible malfunctions or errors by way of email to our Customer Centre.

15. Risk and ownership

Once the order has been delivered or collected by you, the risk in and to the Products will pass to you as the Customer.  

16. Returns

Please refer to our Returns Policy for more information about cancelling orders after delivery, and about returns (and related refunds, replacements or repairs). The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions). 

17. Gift vouchers

An EGG gift voucher is valid for three years from the date of purchase. EGG Gift Vouchers may not be redeemed for cash. EGG Gift Vouchers cannot be resold to, or exchanged with, a third party. You cannot use an EGG Gift Voucher to purchase another EGG Gift Voucher. Lost or stolen gift vouchers or gift vouchers used without permission will not be replaced or refunded. EGG Gift Vouchers can only be redeemed online through our website or in-store at one of our stores.

  

PART B: General legal terms 

 

18. Review, comments and social media platforms

   18.1  EGG is or will be active on Twitter, Facebook, Instagram, Pinterest, LinkedIn and any other social media platforms from time to time (“Social Media Platforms”). 

   18.2. You may post reviews, comments, suggestions, ideas, questions or other information through the Website and Social Media Platforms, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam". You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of the content.

   18.3. Although EGG does not purport to review (nor is EGG under any obligation to review) any submitted content, we reserve the right to remove any content from the Website and Social Media Platforms where we deem such content, in our sole and absolute discretion, to be an infringement of this clause ‎18 or harmful in any way whatsoever. Should you place on or submit to the Website or Social Media Platforms any such harmful content or should you breach any clause in these terms and conditions, we may immediately terminate and/or suspend your access to all or parts of the Website or Social Media Platforms, without any further notice to you.

   18.4. If you do post content or submit material, and unless we indicate otherwise, you grant EGG and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant EGG and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify EGG or its affiliates for all claims resulting from content you supply. EGG has the right but not the obligation to monitor and edit or remove any activity or content. EGG takes no responsibility and assumes no liability for any content posted by you or any third party.

 

19. Copyright and intellectual property rights

   19.1. The contents of the Website and the Apps, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website and/or App (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of EGG, its suppliers, partners, advertisers and/or sponsors and/or is licensed to EGG. The unauthorised submission, removal, modification or distribution of Website Content is illegal and could subject you to criminal prosecution as well as to personal liability for damages.

   19.2. You will not acquire any right, title or interest in or to the Website, the Apps or the Website Content.

   19.3. You may not "mirror" any content contained on the Website and/or the Apps on any other server unless with the prior written permission of EGG.

   19.4. Where any of the Website Content has been licensed to EGG or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.

 

20. License and site access

EGG grants you a limited license to access and make personal use of this Website and/or the Apps and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of EGG. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of EGG. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of EGG and our affiliates without express written consent.

21. Hyperlinks, deep links

   21.1 This Website and/or the Apps  may contain links or references to other websites or social media sites (“Third Party Websites”). Links to such Third Party Websites are provided for your convenience, but they are beyond the control of EGG and do not imply any endorsement, agreement on or support of the content, products and/or services of such Third Party Websites. These Terms and Conditions do not apply to those Third Party Websites and EGG is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.

   21.2 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

   21.3. Hyperlinks to the Website from any other source shall be directed at the home page of this Website and shall not portray EGG or its members, associates, partners or their products and/or services in a false, misleading, derogatory, or otherwise offensive matter. Links beyond the homepage of this Website may only be used with EGG’s prior written consent. 

 

22. Advertising and sponsorship

   22.1. This Website and/or the Apps may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in this website complies with all applicable laws and regulations, including, for the avoidance of any doubt, the CPA. 

   22.2. EGG, its members, employees, suppliers, partners, affiliates and agents accordingly exclude, to the maximum extent permitted in law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material. 

 

23. Changes, suspension and termination

   23.1. We may alter and/or amend the Website and/or the Apps at any time without giving notice to you. 

   23.2. We may suspend or terminate the Website and/or the Apps at any time without giving notice to you. You agree that EGG will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time and to the extent possible. 

   23.3. Without any prejudice to any claims for damages or otherwise that we may have against you, we may terminate your account at any time for any reason, including any improper use of this Website and/or the Apps or your failure to comply with any provision of these Terms and Conditions. 

   23.4. Such termination shall not affect any right or remedy to relief to which EGG may be entitled. 

   23.5. Upon termination of the Website and/or the Apps or your account, all rights granted to you will terminate and revert to EGG. 

   23.6. EGG may at any time modify these Terms and Conditions without notice to you. If you are not satisfied with the amended Terms and Conditions, you should refrain from using the Website, as your continued use of the Website and/or the Apps is deemed to constitute your acceptance of the Terms and Conditions as amended and in force at the time of your use. 

   23.7. We will however give you notice where we have collected personal information from you and the purpose for which we collected that information is affected by the intended modification. 

   23.8. We accordingly advise you to read and take note of these Terms and Conditions each and every time you visit the Website and/or the Apps, as they may have been modified since your last visit. You shall be deemed to have read and accepted the latest version of the Terms and Conditions available on the Website and/or the Apps whenever you visit the Website and/or the Apps. 

 

24. Disclaimer

   24.1. The use of the Website and/or the Apps is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website and/or the Apps or reliance on any information on the Website and/or the Apps. 

   24.2. Whilst EGG takes reasonable measures to ensure that the content of the Website is accurate and complete, EGG makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website and/or the Apps or as to the accuracy, completeness or reliability of any information on the Website and/or the Apps. 

   24.3. EGG (including its owners, directors, employees, suppliers, internet service providers, partners, affiliates, agents and/or representatives) disclaims liability for any damage, loss or liability, 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. 

   24.4.  Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website and/or the Apps itself and all information provided on the Website and/or the Apps 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. 

   24.5. Any views or statements made or expressed on the Website and/or the Apps are not necessarily the views of EGG, its directors, employees and/or agents. 

   24.6. In addition to the disclaimers contained elsewhere in these Terms and Conditions, EGG also makes no warranty or representation, whether express or implied, that the services,  information or files available on the Website and/or the Apps 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 risk 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 EGG, its employees, agents or authorised representatives. EGG 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 and the Apps , viruses received by you via the Website and/or the Apps or of our failure to provide the Website in accordance with this Agreement; or for any economic losses or damages, any indirect, special or consequential loss (including (without limitation) loss of data, goodwill or reputation or any wasted expenditure) including but not limited to losses arising from your use of the Website and/or the Apps or through any viruses. 

   24.7. EGG reserves the right to hold users liable for any losses suffered by EGG arising out of such users’ misuse of this Website or the Apps or the commission of cybercrime committed by the users on or in relation to this Website or the Apps. 

 

25. Limitation of liability

   25.1. EGG (including its owners, directors, employees, suppliers, internet service providers, partners, affiliates, agents and/or representatives) shall not be liable for any direct, indirect, incidental, special or consequential loss or damages of any nature which might arise from your access to, use of, or reliance upon, the Website, the Apps or the content contained in the Website or the Apps; or your inability to access or use the Website or the Apps, and/or unlawful activity on the Website, the Apps and/or any linked third party website. 

   25.2. To the extent permitted in law,  you hereby indemnify EGG against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this website and/or any linked Third Party Website. 

   25.3 EGG shall not be liable to you in contract, delict (including for negligence) or otherwise for any failure to perform our obligations or failure to perform our obligations properly as a result of our being prevented from doing so by an event beyond our reasonable control (which may include, without limitation, strikes; labour disputes; infectious or contagious disease, virus, epidemic, pandemic or natural or physical disaster, lockdown, acts of God or forces of nature; war; riot; civil action; malicious acts or damage; compliance with any law, governmental or regulatory order, rule, regulation or direction; any act or omission of any government or other competent authority; accident; equipment or services failure, including the unavailability of third party telecommunications services, lines or other equipment; the failure of third party suppliers to comply with their obligations to us; fire; flood or storm). 

 

26. Governing law and jurisdiction

   26.1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website and/or App 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 and Conditions. 

   26.2.  In the event of any dispute arising between you and EGG, you hereby 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. 

   26.3. Nothing in this clause 26 or the Terms and Conditions limit your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA. 

 

27. Breach

Should you breach and of these Terms and Conditions we reserve the right to cancel any Order and/or your website and/or App registration, notwithstanding our rights to exercise other legal remedies available to us. 

 

28. Notices

   28.1. Each of the parties chooses their domicilium citandi et executandi for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms and Conditions as being: 
      28.1.1. in the case of EGG, at the email and physical addresses set forth in clause ‎29.2 below; and 
      28.1.2. in the case of the user, at the email and delivery addresses provided by the user to EGG in the ordering process. 

   28.2. Any notices to any party will be sent via prepaid registered post, delivered by hand or sent by email. Unless the contrary is proved, any notice: 
      28.2.1. sent by prepaid registered post will be deemed to have been received on the 5th (Fifth) Business Day after posting; 
      28.2.2. any notice delivered by hand on a Business Day will be deemed to have been received on the date of delivery; provided that if such day is not a Business Day, then such notice shall be deemed to have been received on the 1st (First) Business Day following the date of delivery; 
      28.2.3. transmitted by email will be deemed to have been received on the same day of transmission; provided that if such day is not a Business Day, then such notice shall be deemed to have been received on the 1st (First) Business Day following the day of transmission. 

   28.3. For the purposes of this clause ‎28, the term "Business Day" means any day other than a Saturday, Sunday or Public Holiday in the RSA. 

   28.4. Each of the parties will be entitled from time to time, by written notice to the other to vary its domicilium to any other address in the RSA which is not a post office box or poste restante, provided that the change will become effective only 14 (fourteen) days after service of the notice in question. 

   28.5. Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.

 

29. Disclosures required in terms of Section 43 of The Electronic Communications and Transactions Act 25 of 2002

   29.1. Full name: We are Egg Proprietary Limited, a private company duly incorporated in accordance with the laws of the Republic of South Africa (“RSA”), 

   29.2. Physical address: Office G11, Cavendish Connect, Dreyer Street, Claremont, Cape Town,  7708. 

   29.3. Telephone number: 021 493 2891

   29.4. Website address: www.weareegg.co.za 

   29.5. Email address: legal@weareegg.co.za

   29.6. Registration number: 2020/016714/07 

   29.7. VAT Registration Number: 4410293007

   29.8. Country of incorporation: South Africa 

   29.9. Directors: Paul Brett Simon; Arie Paul Fabian; Sakina Nosarka; Peter Aston Levett

   29.10. Membership of self-regulatory or accreditation bodies: None

   29.11. Codes of Conduct subscribed to and how that code of conduct may be accessed electronically: Sectoral Determination 9 available on https://www.gov.za/documents/basic-conditions-employment-act-sectoral-determination-9-wholesale-and-retail-sector.

   29.12. Main business: The main function of this Website is to provide information about EGG and its retail services. In addition it provides a facility for Users to purchase merchandise Goods via the Website. 

   29.13. If you are a registered user a full record of your transaction can be accessed by logging in and clicking on the My Orders tab in My Account alternatively, you may request a record of your transaction for up to 90 days after which we will not be obligated to keep any records of your transactions. 

 

30. Additional disclosures by an intermediary in terms of Section 27 of the Consumer Protection Act

EGG acts as an agent for, inter alia, wellness, beauty, fashion and soles, streetwear and sneakers, living, kitchen, beauty, jewellery, accessories, gadgets, customisation and food product suppliers/designers/manufacturers in the retailing of their merchandise and it hereby provides such additional information not set out above, as is required by section 27 of the CPA and regulation 9 of the Regulations thereto: 

   30.1 EGG's public officer is Genevieve Booysen, who can be contacted on finance@weareegg.co.za.

   30.2. In return for acting as the agent for fashion and household designers/manufacturers EGG is paid a percentage-based commission on merchandise sales and a fixed monthly display fee by such suppliers/designers/manufacturers. 

 

31. SEVERABILITY 

   31.1 Each sentence, paragraph, term, clause and provision of these Terms and Conditions and any portion thereof shall be considered severable and if, for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation (including, without limitation, the CPA and any regulations thereto) or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.  

   31.2 No term or condition of these Terms and Conditions is intended to breach any peremptory provisions of the CPA and any regulations thereto ("Prohibited Provision").  Any breach of any such Prohibited Provision shall be governed by the provisions of clause 31.1 mutatis mutandis.