TERMS & CONDITIONS
GUESS.CO.ZA
- GUESS SOUTH AFRICA is a business in the retail industry that sells Clothing and Accessories.
- GUESS SOUTH AFRICA may, in its sole discretion, change this agreement or any part thereof at any time without notice.
- This website is run by GUESS SOUTH AFRICA (PTY) LTD based in South Africa trading as GUESS and with registration number 2020 / 871272 / 07 and ALBERINI, CARLOS EDUARDO.
- Company Physical Address: 1 Saagmeul Street, George Industria, George, 6539
Email: [email protected] Telephone: 010 300 6888
SALE AGREEMENT
- These online terms and conditions of sale (“Agreement”) apply to all products (“Products”) purchased via www.guess.co.za (“Website”) from GUESS a division of Guess South Africa (Pty) Ltd (“GUESS” or “We” or “Us”) whose registered office is 1 Saagmeul Rd, George Industria, Western Cape, South Africa.
- The references to “You” refer to you being the individual person or juristic person to whom We market or supply the Products. You must be 18 years or older to enter into this Agreement or You must be assisted by Your legal guardian.
- This Agreement will apply to any Products bought via the Website and it will come into effect and become legally binding, when We have received Your order via the Website (“Order”) and payment in respect thereof and have accepted the Order by confirming Your Order and issuing You with an order confirmation (“Order Confirmation”) via email.
- Please note that placing Your Order does not mean an acceptance of Your Order. It must first be confirmed by Us and all Orders are subject to availability of stock and receipt of payment.
- The current Agreement in place at the time of the Order will be the Agreement applicable to Your Order. We reserve the right to vary or amend the terms of this Agreement from time to time with regards to future Orders.
PRODUCTS AND PRICES
- The images of the Products on the Website are for illustrative purposes only and may differ from the actual Products.
- The Product prices are inclusive of valued added tax and are as displayed on the Website at the time of the Order. These prices exclude delivery charges, which (where applicable depending on the value of the Order) will be displayed on the Website when You Checkout and select Pay.
- We reserve the right to change the prices of the Products on the Website, from time to time, without prior notice. While We will do our best to ensure the accuracy of the prices displayed, We will not be liable for prices that are obviously incorrect or have been amended without Our authorisation. In this instance, We will contact You to confirm whether you would still like to Order the Item at the correct price.
- The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
PLACING YOUR ORDER
- Select the Products You wish to purchase by adding them to Your cart. When you are finished shopping, select Checkout and once you are happy with Your Order and have provided all the required information (including the payment method), select Pay and you will be re-directed to the applicable payment site.
- Your Order Confirmation will be sent to you via email and the original invoice will accompany Your delivery. You will be able to track Your Order via Our delivery company’s tracking mechanism as advised to You.
- Payment may be made via Visa, MasterCard, or by Secure EFT, the details of which will be provided on request.
- Card transactions will be acquired for GUESS SOUTH AFRICA via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
- Customer details will be stored by GUESS SOUTH AFRICA separately from card details which are entered by the client on DPO PayGate’s secure site.
For more detail on DPO PayGate refer to www.paygate.co.za.
PAYMENT GATEWAYS
- Paygate
- Payflex
SHIPPING AND DELIVERY
Our Shipping and Delivery Terms and Conditions can be found at https://guess.co.za/faq/
Subject to availability and receipt of payment, requests will be processed within 3-5 working days and delivery confirmed by way Aramex Courier Services Waybill tracking.
PRODUCT RETURNS
Our Product Returns Terms and Conditions can be found at https://guess.co.za/faq/
RISK AND OWNERSHIP
GUESS SOUTH AFRICA takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
All risk in and to all Products shall pass to You upon successful delivery. Ownership in the Products shall remain vested in Us until the full purchase price has been paid and received by Us.
COOLING OFF PERIOD
- In terms of the Electronic Communications and Transactions Act, if You are a natural person (meaning an individual and not a juristic person or a company), You are entitled to cancel Your Order for the Products purchased via the Website, without reason and without penalty, within 7 days of the Products having been delivered to You. To exercise your cooling off right you must notify Us in writing at [email protected] within 7 days of delivery.
- If You elect to exercise this cooling off right, You:
- will receive a full refund of the price paid by You for the Products within 30 days of the date of cancellation. You may be liable for the direct costs of returning the Products to Us, such as returning the Products via courier and/or shipping charges; and
- undertake not to utilise the Products and return the Products in the original and unopened packaging.
YOUR PRIVACY
The privacy of your personal information is very important to us and our Privacy Policy, which details how We will deal with your personal information, can be found at https://guess.co.za/privacy-policy .
GUESS SOUTH AFRICA shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569.
COUNTRY OF DOMICILE
This website is governed by the laws of South Africa and GUESS SOUTH AFRICA chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.
LEGAL MATTERS
- The physical address provided by You when ordering Products on the Website shall be Your domicilium address for all purposes in terms of this Agreement, for the giving of any notice, and the serving of any process. Our chosen domicilium address is set out in clause 1.1 above.
- A notice in terms of this Agreement shall be presumed to have been duly given, if delivered by hand, on the date of delivery and if sent by post, 7 days after posting.
- This Agreement represents the entire agreement between GUESS SOUTH AFRICA and You. No amendment to this Agreement shall be of any force and effect unless reduced to writing and agreed by You and GUESS SOUTH AFRICA.
- This Agreement shall be governed and construed in accordance with the laws of South African and You hereby consent and submit to the jurisdiction of the courts of South Africa.
PRIVACY POLICY
Last updated: June 30, 2021
This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You. We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.
INTERPRETATION AND DEFINITIONS
INTERPRETATION
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
DEFINITIONS
For the purposes of this Privacy Policy:
- Account means a unique account created for You to access our Service or parts of our Service.
- Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Guess South Africa (GUESS), 1 Saagmeul Str. George Industria, George, 6529, WC, ZA.
- Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
- Country refers to: South Africa
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Personal Data is any information that relates to an identified or identifiable individual.
- Service refers to the Website.
- Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
- Third-party Social Media Service refers to any website or any social network website through which a User can log in or create an account to use the Service.
- Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
- Website refers to Guess Online, accessible from https://guess.co.za
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
COLLECTING AND USING YOUR PERSONAL DATA
TYPES OF DATA COLLECTED
PERSONAL DATA
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:
- Email address
- First name and last name
- Phone number
- Address, State, Province, ZIP/Postal code, City
- Usage Data
USAGE DATA
Usage Data is collected automatically when using the Service. Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data. When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data. We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.
INFORMATION FROM THIRD-PARTY SOCIAL MEDIA SERVICES
The Company allows You to create an account and log in to use the Service through the following Third-party Social Media Services:
If You decide to register through or otherwise grant us access to a Third-Party Social Media Service, We may collect Personal data that is already associated with Your Third-Party Social Media Service’s account, such as Your name, Your email address, Your activities or Your contact list associated with that account. You may also have the option of sharing additional information with the Company through Your Third-Party Social Media Service’s account. If You choose to provide such information and Personal Data, during registration or otherwise, You are giving the Company permission to use, share, and store it in a manner consistent with this Privacy Policy.
TRACKING TECHNOLOGIES AND COOKIES
We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include:
- Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Service may use Cookies.
- Flash Cookies. Certain features of our Service may use local stored objects (or Flash Cookies) to collect and store information about Your preferences or Your activity on our Service. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies. For more information on how You can delete Flash Cookies, please read “Where can I change the settings for disabling, or deleting local shared objects?” available at https://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html#main_Where_can_I_change_the_settings_for_disabling__or_deleting_local_shared_objects_
- Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. Learn more about cookies: Cookies: What Do They Do?. We use both Session and Persistent Cookies for the purposes set out below:
- Necessary / Essential Cookies Type: Session Cookies Administered by: Us Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
- Cookies Policy / Notice Acceptance Cookies Type: Persistent Cookies Administered by: Us Purpose: These Cookies identify if users have accepted the use of cookies on the Website.
- Functionality Cookies Type: Persistent Cookies Administered by: Us Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.
USE OF YOUR PERSONAL DATA
The Company may use Personal Data for the following purposes:
- To provide and maintain our Service, including to monitor the usage of our Service.
- To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
- For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
- To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
- To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
- To manage Your requests: To attend and manage Your requests to Us.
- For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
- For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.
We may share Your personal information in the following situations:
- With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
- For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
- With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
- With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
- With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If You interact with other users or register through a Third-Party Social Media Service, Your contacts on the Third-Party Social Media Service may see Your name, profile, pictures and description of Your activity. Similarly, other users will be able to view descriptions of Your activity, communicate with You and view Your profile.
- With Your consent: We may disclose Your personal information for any other purpose with Your consent.
RETENTION OF YOUR PERSONAL DATA
The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies. The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.
TRANSFER OF YOUR PERSONAL DATA
Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction. Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer. The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.
DISCLOSURE OF YOUR PERSONAL DATA
BUSINESS TRANSACTIONS
If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.
LAW ENFORCEMENT
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).
OTHER LEGAL REQUIREMENTS
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:
- Comply with a legal obligation
- Protect and defend the rights or property of the Company
- Prevent or investigate possible wrongdoing in connection with the Service
- Protect the personal safety of Users of the Service or the public
- Protect against legal liability
SECURITY OF YOUR PERSONAL DATA
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.
CHILDREN’S PRIVACY
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers. If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.
LINKS TO OTHER WEBSITES
Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party’s site. We strongly advise You to review the Privacy Policy of every site You visit. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
CHANGES TO THIS PRIVACY POLICY
We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page. We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the “Last updated” date at the top of this Privacy Policy. You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
CONTACT US
If you have any questions about this Privacy Policy, You can contact us:
- By email: [email protected]
