Return Policies & Terms of Service – Esque

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Return Policies & Terms of Service

OUR SIMPLIFIED RETURN / REFUND POLICY
To log a return please read below and visit https://esque.myreturnscenter.com/

Our policy lasts 30 calender days. Should you wish to exchange or return and obtain a refund for your purchased product within 30 calendar days after delivery has taken place, you will be obliged to cover the shipping costs back to Esque. Esque will happily credit you for the cost of the product (excluding cost of shipping.

If 30 calendar days have gone by since your receipt of delivery, unfortunately we can’t offer you a return, refund or exchange.

To be eligible for a return in any case, your item must be unused and in the same condition that you received it. It must also be in the original packaging.

We unfortunately cannot accept returned products that have been ordered in specifically for you or in bulk or made specifically for you as in 'made to order' products, this includes the customised products. Suppliers and Factories do not accept these returns. We also cannot accept a return once the item has been transported by yourselves from the original delivery address from where Esque delivered to.We outsource our deliveries to various courier companies, and once items are delivered to your specified delivery address, there is a 30 day return policy available to you as the customer whereby the customer must notify Esque they wish to return the item. Once this time frame has expired, the order is closed and we can no longer accept any returns no matter the reason. We are only responsible to deliver items to the specified delivery address. Esque will not be held liable for any damage that may occur at the delivery address, after we have delivered and POD has been signed. Further transportation thereafter is at your own risk and Esque will not be held responsible. Items transported outside of South Africa by yourselves will result in your return policy forfeited.Esque is not responsible for export packaging.
You are responsible to inspect each item upon delivery and a sign POD will be deemed received in good order.

Please do not send your purchase back to the manufacturer privately. They wont know what to do with your product and wont know who you are and where its come from.
Please contact us on shop@esque.co.za and we will arrange for the item to be collected from you by our couriers who will return it to the correct depot for assessment.

Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you return is approved, then your refund will be processed, and a credit will automatically be applied to your credit card used to make the purchase.

Esque guarantees that our imported products will be free from defective material and workmanship and we offer a 6 month quality guarantee.
We will only be liable to honour a guarantee if:
the defect existed at the time of delivery and/ or manifested during the warranty period;
the defect did not arise due to normal wear and tear or abuse by the customer;
Should you be unhappy with your product during the guarantee period please send us a photo of the defect along with a written description of the flaw. After assessment we will then be in contact with you to make arrangements either for repair or replacement if possible.

Refunds are processed at month end and will take a few days to reflect between different banks.
If you still have not received your refund, please contact us at
shop@esque.co.za.

Only regular priced items may be refunded, unfortunately sale items cannot be refunded.

Depending on where you live, the time it may take for your exchanged product to reach you, may vary.

If the items are delivered damaged, please do not accept the delivery. Rather take photos and send it straight back with the courier driver. Please email the photos to shop@esque.co.za and after investigations we will get right onto your replacement unit. If items are damaged after delivery due to what ever reason - we cannot be held reliable after delivery has been completed and the POD has been signed.

Cancelled orders (before delivery takes place) could be liable for a 5% handling fee depending on status of order.

The above info is a basic outline, easy readable language for the general consumer to understand.
If you enjoy reading legal info, please read on below for our full legal Returns Policy and Consumer Protection Act info below.

OUR FULL COMPREHENSIVE RETURNS POLICY
We want you to be happy with your purchase. If you are not completely satisfied, you can return the product to us and we will either repair / replace it or credit your account, subject to the terms below. This policy applies to products bought from Esque. You have 30 days to contact us from date of delivery.
This policy forms part of the Esque Terms and Conditions and words defined in the Terms and Conditions have the same meaning in this policy unless the context indicates otherwise. Nothing in this policy is intended to limit your statutory rights in any way.

1. Unwanted Products
In general, you can return an unwanted product to us at no charge, provided:
it is undamaged and unused, with the original labels and stickers still attached;
it is in the original packaging, which must be undamaged and in its original condition with all seals still intact (if applicable). Please refer to our FAQs for some examples;
it is not missing any accessories or parts;
it is not listed in section 2 - Products not eligible for return; and
you log a return on the Website within 30 days of delivery to you of the unwanted product. After 30 days you can only return a product if it is defective within 6 months from delivery to you.
We will collect the product from you at no charge. Our courier is entitled to refuse collection of a product that is not properly packaged for transport.
Once we have inspected the product and validated your return, we will credit your account with the purchase price of the product within 10 days of the return (or refund you if that is your preference). Please bear in mind that refunds can take 5 - 10 working days to reflect in your account. We are entitled to refuse a return if the unwanted product is returned damaged, used, not in a re-saleable condition or missing any accessories.

Want to exchange?
In such a case, we will collect the product from you and deliver the requested product to you at no charge. If such variation is not immediately available, we will credit your account with the purchase price of the product (or refund you if that is your preference) within 10 days of you logging the return.
We reserve the right to inspect the product to validate your return.

Not what you ordered?
If we accidentally deliver the wrong product to you or if the product is not as described on the Website (or if it is missing any accessories), please notify us and we will collect the product from you at no charge. Once we have inspected the product and validated your return, we will, at your choice, deliver the correct product to you as soon as possible (if the correct product is available); or credit your account with the purchase price of the product within 10 days of the return (or refund you if that is your preference).

2. Products not eligible for returns
The following products are not eligible for a refund, exchange or credit:
products marked "Sale", or featured in the Sales collection.
electronic vouchers;
products which have been personalised/customised for you or made to your specifications, unless defective.
Special orders brought in especially for you in bulk or by special order.
3. Products damaged on delivery
Should a product be damaged at the time of delivery / collection, please notify us of such delivery / collection by logging a return on the Website. Please take photos of the item as you have found it.
We will arrange to collect the product from you at no charge. Once we have inspected the product and validated your return, we will, at your choice, repair / replace the product as soon as possible (if such repair / replacement is possible) or credit your account with the purchase price of the product (or refund you if that is your preference). Credits and refunds are normally handled within 10 days of logging the return (bear in mind that refunds can take 5-10 working days to reflect in your account). Repairs and replacements could take longer, depending on parts / replacement availability.

4. Defective products
We do our best to ensure that the products we deliver to you are of a high quality and without defects.
What is a defect? A defect is a material imperfection in the manufacture of a product or any characteristic of a product, which makes the product less acceptable than one would reasonably be entitled to expect in the circumstances.
The following will NOT be regarded as defects and will not entitle you to a return under this section 4:
faults resulting from normal wear and tear;
damage arising from negligence, user abuse or incorrect usage of the product;
damage arising from electrical surges or sea air corrosion;
damage arising from a failure to adequately care for the product;
damage arising from unauthorised alterations to the product; and
where the specifications of a product, although accurately described on the Website and generally fit for its intended purpose, do not suit you.
Standard Warranty
If you have received a product which turns out to be defective, please notify us as soon as reasonably possible after you become aware of the defect, but in any event within 6 months after delivery of the product.
You can do so by logging a return on the Website, and we will arrange to collect the product from you at no charge. Once we have inspected the product and validated your return, we will, at your choice, repair / replace the product (if such repair / replacement is possible) or credit your account with the purchase price of the product (or refund you if that is your preference). Credits and refunds are normally handled within 10 days of logging the return (bear in mind that refunds can take 5-10 working days to reflect in your account). Repairs and replacements could take longer, depending on parts / replacement availability.
Please provide suitable packaging for returning the product (it need not be the original packaging), as well as all accessories that were sold with the defective item when you return it to us – regardless of whether you request a repair / replacement or a refund. Our courier is entitled to refuse collection of a product that is not properly packaged for transport. See section 6 below for more information on this.
Where there is no extended supplier warranty period, unfortunately, we cannot facilitate returns that fall outside of the 6 months.

Extended Supplier Warranty (stipulated on product page)
A product may have a supplier warranty that extends beyond the 6 months. If such a product turns out to be defective more than 6 months after delivery / collection, please notify us as soon as reasonably possible after you become aware of the defect, but in any event within the extended supplier warranty period after delivery / collection of the product.
You can do so by logging a return on the Website, and we will facilitate your return of the product to the supplier at no charge. Unfortunately, we cannot facilitate returns that fall outside of the extended supplier warranty period.
Please note that any extended supplier warranty is subject to whatever terms and conditions the supplier or manufacturer may impose. These are usually stated in a brochure or leaflet inside or on the product packaging. It is your responsibility to make yourself aware of any such terms and conditions.
Please provide suitable packaging for returning the product, as well as all accessories that were sold with the defective item when you return it to us – regardless of whether you request a repair / replacement or a refund. Our courier reserves the right to refuse collection of a product that is not properly packaged for transport. See section 6 below for more information on this.

It is also important to note that it will be in the supplier or manufacturer’s discretion to repair or replace the item, or to refund you. Esque Online Pty Ltd is under no obligation to provide you with a credit, repair / replacement for any return logged after six months, as your remedy lies with the supplier or manufacturer.

5. Vouchers & Gift Cards & Discount Codes
There are two types of Discount Codes: A Discount code with a fixed amount of a discount, e.g. R100 off (“Fixed Discount”), and a Discount with a percentage discount, e.g. 10% off (“Percentage Discount”).
Where you have used a Fixed Discount Code to pay for an order, and you or Esque later cancels your order (or part thereof) prior to delivery of the relevant product(s), or you log a return of one or more products for a credit in accordance with this Policy, the value of the Fixed Discount will be deducted from the purchase price of the cancelled or returned product(s) (as applicable), and we will credit your account for the balance, if any (or refund you if that is your preference). We will also provide you with a replacement Fixed Discount of the same value as the original Fixed Discount used. Esque may in its sole discretion impose restrictions on the use of the replacement Fixed Discount. For any subsequent cancellations or returns arising out of the same order, we will credit your account as normal with the value of the returned product (or refund you if that is your preference).
Where you have used a Percentage Discount Code to pay for an order, and you or Esque later cancels your order (or part thereof) prior to delivery of the relevant product(s), or you log a return of one or more products for a credit in accordance with this Policy, the value of the discount received using the Percentage Discount will be deducted from the purchase price of the cancelled or returned product(s) (as applicable), and we will credit your account for the balance, if any (or refund you if that is your preference). We will also provide you with a replacement Fixed Discount of the same value as the discount received using the original Percentage Discount. Esque may in its sole discretion impose restrictions on the use of the replacement Fixed Discount. For any subsequent cancellations or returns arising out of the same order, we will credit your account as normal with the value of the returned product (or refund you if that is your preference).

Wherever you have used a Voucher to purchase a product that you later return for a refund in accordance with this Policy, we cannot refund you in cash for that portion of the purchase price which you paid using the Voucher, but we will credit your account.

6. Charges
If you return a defective product to us, but you fail to return all of the accessories that were sold with that product, we are entitled (subject to applicable law) to refuse the return, only to replace the item that you did return, or to estimate the value of the missing accessories and only to credit or refund you in respect of the returned item.
If you return items to us by mistake and you want these returned to you, you may be liable to reimburse Esque for the cost of having the product returned to you.
If you return a product that does not comply with this policy, you may be liable to reimburse Esque for the cost of collecting the product from you and the cost of having the product returned to you.
If you want to return

7. The Consumer Protection Act
Here is some basic information to help you understand the Consumer Protection Act. There is no general right of return under the CPA especially because Esque is an online store.
Please contact our legal department, Woodhead and Bigby Associates for further info.

There is no general right of return
There are a number of sections in the Consumer Protection Act that allow goods to be returned, but it is important to note that there is no general right of return. For example, when a consumer buys an item from a store and the next day they regret spending so much money, or simply do not like the item, the consumer cannot return the item simply because they have had a change of heart. Some retailers do allow consumers to do this, but it is not a consumer’s legal right to do so. A change of heart is not a legal reason to return an item.
There are very limited circumstances (which we discuss below) where a consumer can return an item. However in these cases, even if the law is on the consumer’s side, the supplier can simply refuse to give you your money back, leaving you arguing with a brick wall.

When a consumer can return goods under the CPA
Generally speaking, there are only four instances when a consumer can return goods under the CPA.
1) The direct marketing “cooling-off” period
In terms of s16 of the CPA, if a consumer has bought goods as a result of direct marketing, then for a period of 5 days after receiving the goods, the consumer can:
return the goods,
cancel the entire contract without penalty, and
receive a full refund.
The consumer will have to pay the costs to return the goods.

2) Goods which have not been seen before purchase
In terms of s20 (read with s19) of the CPA, if a consumer has not had the opportunity to examine or inspect the actual goods received before purchase, they are entitled to inspect the goods on delivery. If on this initial inspection they find that:
the goods do not meet the ‘type’ or ‘quality’ they could reasonably expect from the agreement; or
if the goods were made in terms of a special or ‘custom’ order, and the goods do not reasonably conform to the specifications of the order,
then:
the consumer can refuse delivery,
receive a full refund, and
the consumer can cancel without penalty.
The supplier will have to pay the costs to return the goods.

3) Goods do not meet a particular purpose
In terms of s55(3) (read with s20) of the CPA, if a consumer informs a supplier that the goods are being bought to fulfill a particular purpose, and the supplier advises that the goods will meet this particular purpose then:
10 days after receiving the goods,
the consumer can return the goods if it is not suitable for the particular purpose, and
the consumer can cancel without penalty.
The supplier will have to pay the costs to return the goods.
It is important to note that despite the above, the consumer is not entitled to return goods for any of the above reasons (1)-(3) if:
regulation prohibits the return of those goods to a supplier once they have been supplied to a consumer (for reasons of public health or public), or
after having been supplied to a consumer, the goods have been partially or entirely disassembled, altered, damaged, added or combined with other goods or property.

4) Implied warranty of quality
In terms of s56 (read with s55) of the CPA, all goods sold to a consumer are sold with an implied warranty of quality, that cannot be contracted out of or revoked. The warranty gives the consumer the right to receive goods that:
are reasonably suitable for the purpose that they are intended to be used for,
are of good quality, free of defects upon delivery and in good working order, and
will be durable and usable for a reasonable period of time.
If goods are found not to comply with these requirements then, for up to 6 months after receiving the goods, the consumer can:
return the goods, or
get the goods replaced, or
get the goods repaired.
The consumer can do any of these things without penalty and at the suppliers cost. A general ‘voetstoots‘ clause will be insufficient.
However, a consumer will not be able to return the goods because it was defective or not suitable for the purpose if:
the consumer was made aware of the specific defects, and
the consumer agreed to receive the goods in that condition.
A general ‘voetstoots’ clause will be insufficient to get out of the s56 warranty, because you have to mention the specific defects.

A word on ‘refunds’
In-store vouchers or credits are not illegal per se
Wherever the CPA entitles a consumer to a refund, it must be interpreted to mean that the consumer has the election on how to receive the refund. This means that while refunds as in-store vouchers or credits are not illegal per se, if the consumer demands a cash refund the supplier must give it to them. Also in terms of s56, the consumer (not the supplier) can decide whether to choose the refund, replacement or repair.

The ECT Act and returns
The ECT Act has its own consumer protection provisions, some of which will trump the CPA.
If you sell or buy goods online, there are some extra things to consider. Most importantly the Electronic Communications and Transactions Act (ECT Act) will apply to the transaction. The ECT Act has its own consumer protection provisions, some of which will trump the CPA. Specifically, the reasons (1)-(3) for returns listed above do not apply if the ECT Act’s provisions apply to the transaction. Instead of these rights of return, consumers have;
a general right to return (a “cooling off period”);
for seven days after delivery;
for any reason;
without penalty; but
the consumer must pay the costs to return the goods to the supplier.


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PRIVACY STATEMENT

SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.

SECTION 2 - CONSENT

How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at shop@esque.co.za and we will swiftly remove your contact details off our mail list.

SECTION 3 - DISCLOSURE

We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

SECTION 4 - SHOPIFY

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.

Payment:
If you choose a direct payment gateway (Payfast) to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.
For more insight, you may also want to read Shopify’s Terms of Service here or Privacy Statement here.

SECTION 5 - THIRD-PARTY SERVICES

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

Links
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

SECTION 6 - SECURITY

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

SECTION 7 - AGE OF CONSENT

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

SECTION 8 - CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

QUESTIONS AND CONTACT INFORMATION

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at shop@esque.co.za or by mail at
Esque
[Re: Privacy Compliance Officer]
[Suite 1, Dash Office Park, Dunkirk Estate, Salt Rock 4391]

 

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TERMS OF SERVICE

OVERVIEW

This website is operated by Esque. Throughout the site, the terms “we”, “us”, "Esque" and “our” refer to Esque Online (Pty) Ltd.
Esque offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not proceed with confirming your order on our website or use any related services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy only.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer / devices monitor/screen display of colours will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction, before or after payment. The shipping cost that the customer incurs is not the true cost of the transportation - Esque covers a portion of the shipping and therefore we reserve the right to cancel and refund an order at our own discretion. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

We outsource our deliveries to various courier companies, once items are delivered, there is a 10 day return policy available to you as the customer whereby the customer must notify Esque they wish to return the item. Once this time frame has expired we can no longer accept any returns no matter the reason. We are only responsible to delivery items to the specified delivery address. Further transportation from there that is done by yourself is at your own risk and Esque will not be held responsible.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. Please view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Esque, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Esque and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Republic of South Africa.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at shop@esque.co.za.


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