Shop@langaro.com is a site operated by Langaro Proprietary Limited, (“Langaro”)
We are registered in South Africa under registration number 2012/041988/07 and with our registered office at 6th Floor, Suite 603, Touchstone House, 7 Bree Street, Cape Town, 8012.
Our main trading address is: 15 The Fairway, Camps Bay, Cape Town, 8005.
Our VAT number is 4930263423
1. Understanding these Terms
1.1 These terms and conditions (“Terms”):
(i) describe how you may access, use, refer to, view and/or download the information made available by us on the Website for whatever purpose, the Website and the content on it;
(iii) describe how you may order Langaro’s products (“Products”) on the Website, Mobi Site and/or App and will become binding on you when you submit an order for Products;
1.2 You agree that you are solely responsible for obtaining and maintaining all facilities, services, products and equipment which may be required by you to use the Website and the Services, including currently updated anti-virus software. You must, at all times, provide your own hardware, software as well as a modem and internet connectivity and telecommunications infrastructure.
1.4 When we refer to “users”, “you” or “your” we mean you, the person accessing or using the Website.
2. The Website
2.1 The Website is made available free of charge. The Langaro online shop can be accessed at www.shop.langaro.com. (“the site”). We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue, update or change all or any part of the Website and the content without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period. We will not be liable for any damage, loss or liability of whatsoever nature arising from your use of or inability to use the Website or the Services or content provided from and through the Website. Furthermore, we make no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from the Website are free from errors or omissions or that the Services will be 100% error free or be accessible from all browsers or operating systems.
2.3 The Website and the content on it are provided for general information purposes only. They are not intended to amount to advice (medical or otherwise) on which you should rely.
2.4 You may only use the Website for your own domestic, private and non-commercial use.
2.8 You may print a copy of the Terms. If you have any difficulty printing the Terms or need assistance in obtaining a hard copy or electronic copy, you may contact our support team via email to firstname.lastname@example.org.
2.9 We have taken all reasonable and foreseeable steps and precautions to ensure the accuracy of all of the content available on the Website however the content is intended and produced for general information purposes only, and to the extent allowed by law and you should not rely upon it as specific advice of any kind.
2.10 You understand and agree that the information, details and descriptions set out on this Website, including the details regarding the Products and services may change from time to time. This Website may therefore not always contain the correct or most up-to-date information, details and descriptions relating to our Services.
3. Your account and password
3.1 You will need to register an account with us on all the online ordering platforms in order to access our producst and services available on the online platform (“Account”). If you register an Account, you will be asked to provide your email address and create a password as part of our security procedures. You must treat such information as confidential and you must not disclose it to any third party. It is best practice to create different passwords for each account.
3.2 You must be at least 18 years old to register an account.
3.3 We have the right to disable any Accounts and/or passwords, at any time, if in our reasonable opinion, you have failed to comply with any of the provisions of the Terms.
3.4 If you know or suspect that anyone other than you know your Account login details, you must immediately change your password.
3.4 You are responsible for any unauthorised use of your Account login details.
4. Acceptable use
4.1 You agree not to (i) use the Website in any way that breaches the Terms or any applicable local, national or international law or regulation; (ii) copy, or otherwise reproduce or re-sell any part of the Website unless expressly permitted to do so in the Terms; or (iii) do any act or thing that might damage, disrupt or otherwise interfere with the operation of the Website, the Services or any equipment, network or software used in operating the Website.
4.2 You must not perform any act which may jeopardise or interfere with the functionality or the operation of any part of the Website or our Services.
4.3 You may not use the Website for “spoofing”, “hacking”, “flaming”, “cracking”, “phishing” or “spamming” or any other activity designed or aimed at achieving purposes similar to or the same as “spoofing”, “hacking”, “flaming”, “cracking”, “phishing” or “spamming”.
4.4 You may not link any person, business or website to any page on this site without prior written permission from Langaro. Such permission can be obtained by sending an email to email@example.com or by calling the client service line at (021) 437 1690.
4.5 You will not intercept any information transmitted to or from us or the Website which is not intended by us to be received by you.
4.6 The Website and the content may only be used by you for lawful purposes and you will not use the source code of the Website or the content.
4.7 You will not: (i) frame, modify, distribute, commercialise, exploit and/or alter the Website or the content; (ii) incorporate any part of the content in any other work or publication; and/or (iii) perform any other act which may not be considered fair use. On notice from us, you agree to stop any activity which we do not consider, in our sole and absolute discretion, to constitute fair use.
4.8 The Website and the Services available through the Website may contain links to other third-party websites, including (without limitation) social media platforms (“Third-Party Websites”). If you link to Third-Party Websites, you may be subject to those Third-Party Websites’ terms and conditions and other policies.
4.9 We assume no responsibility for the content of Third Party Websites linked to from the Website. Such links should not be interpreted as endorsement by us of those Third-Party Websites. We will not be liable for any loss or damage that may arise from your use of them.
4.10 Any restrictions on the use of the Website or the content shall also apply to any part of the Website or the content which may be cached when using the Website or the content.
4.11 You will not and you will not allow a third party to:
4.11.1 decompile, disassemble or otherwise reverse engineer or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats, programming of the software forming part of the Website and/or the content (“the Software”) or any files contained in or generated by the Software by any means whatsoever;
4.11.2 remove any product identification, copyright or other notices, from the Software or documentation;
4.11.3 lend to a third party or use any portion of the Software (whether or not modified or incorporated with other software) on or with any machine or system other than your hardware; or
4.11.4 disseminate performance information or analysis of the Software from any source relating to the Software.
4.12 We do not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website and we recommend that you use your own virus protection software which is updated with the latest virus signatures.
4.13 You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website and the Services will cease immediately.
5. Our liability
5.1 Nothing in the Terms excludes or limits our liability in terms of the Consumer Protection Act, or where the Consumer Protection Act does not apply, the common law for (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; and (iii) any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
5.2 If we fail to comply with the Terms, except where otherwise provided for in the Consumer Protection Act, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that you accessed the Website.
5.3 We only supply the Website for domestic and private use. You agree not to use the Website, or any content on the Website, for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity
7. Ordering Online
7.1.1 When ordering Products online you should check all of the information that you enter and correct any errors before submitting your Order, as once your Order is submitted we will begin processing it immediately and you may not be able to correct any errors as set out in clauses 9 to 21 (Cancellation and Refunds).
7.1.2 Your Order constitutes an offer to us. We will confirm our acceptance of your Order by sending you an SMS and/or email with your order number (the “Confirmation “). The Online Terms and Conditions will become legally binding on you and us when we send you the Confirmation and each Order shall incorporate the Online Terms and Conditions and shall be a new and separate contract between you and Langaro.
The site enables buyers to shop for items including clothes, accessories and bath and body products by selected local and international brands (“the products”) online and have them delivered door-to-door, or via a pick-up point at Langaro Lifestyle Centre, Camps Bay. All visitors to the site (“users” or “you”) will be able to see the products on offer, but only those who have registered for an account on Langaro (“account holders” or “you”) are able to buy.
Please note that the stock of all items on offer is limited. Langaro will make all reasonable attempts to ensure that special offers are brought to an end when stock runs out. If it happens that Langaro is unable to fulfil any order at the advertised price because stock is sold out, Langaro will inform you via email and you’ll be entitled to a reimbursement for the Rand value you have paid for such product.
8. Buying products
- The site allows you, the user, to place electronic orders (“order”) for one or more products on offer as long as such products are available and not sold out.
- A purchasing contract (“sale”) between you and Langaro only comes into effect once you have fully completed AND submitted the online order form for one or more products in your shopping cart (“cart”), your payment has been authorised by Langaro (or has been received into Langaro’s bank account) and confrimation of order has been forwarded.
- The above is dependent on the product being available.
- Products on Langaro cannot be reserved to be bought at a later stage, and placing an item in your cart without completing the order does not amount to a “sale”.
- This means that Langaro may remove any product(s) from your cart before the sale actually takes place, in the event of the product going out of stock.
- Langaro cannot be held responsible if the product(s) you added to your cart have become unavailable when you try to complete the sale.
- A tax invoice will be emailed to the email address on your Langaro profile. A delivery note will be included with your order – please note that no prices are visible on the delivery note.
9. Cancelling and ending orders
- Langaro’s right to cancell orders
9.1.1 Langaro reserves the right to refuse processing of payment for any order and/or to cancel any purchase, partially or completely, with notice given to you.
- Langaro will be liable for reimbursing you the rand value paid only if you have already paid for the cancelled order.
- Customer’s right to cancel orders
9.2.1 You have the right to return non-defective products purchased within 30-days of the order being delivered.
9.2.2 You have the right to cancel the purchase of a good without having to give a reason at any time within the “cooling off period” of seven working days, beginning on the day after you receive the goods.
9.2.3 If you are in possession of the goods you are under the duty to retain them and take reasonable care of them. You must send the goods back to us to our contact address at your own cost (unless we delivered the item to you in error or the item is damaged or defective) as soon as possible once you have cancelled the contract.
9.2.4 We reserve the right to make a charge not exceeding our direct costs of recovering the goods if you do not return the goods or return them at our expense.
- Langaro reserves the right, in the interest of preventing fraud, to refuse the processing of payment for any order and/or to cancel any purchase, partially or completely.
- Langaro may request documentation to complete the necessary fraud checks and cancel any order where the necessary documentation is not provided in a timely manner.
- In the event of a fraudulent purchase being placed on Langaro, cardholders will be advised to initiate a chargeback via their bank in order to be refunded. Langaro does not process refunds for orders suspected of fraud.
- Langaro does not provide order details relating to orders suspected of fraud.
- Product Pricing and Payment
11.1 The price of each product is given on the product information page (“the product page”) on the site. The product price displayed always includes VAT at 14%.
- PayFast for payments which accepts all major cards, PayFast is a secure payment gateway with its own set of T & C’s and privacy policies which is complient with local laws
- If authorisation is not obtained, the order is cancelled. If authorisation is obtained, payment is usually immediate. You guarantee that you are fully authorised to use the credit card for payment of your order and that there are sufficient funds in this credit card account to cover the costs of any transactions you complete on Langaro.
- All credit card transactions on the site are protected by SSL (Secure Socket Layer) encryption and reinforced by various encryption processes with the aim of offering the most effective possible protection of any sensitive information. Langaro has no access to any confidential information regarding your payment method. We still need to get this certificate.
- Only Langaro’s banking partner will access confidential information (Such as your credit card number, expiry date, CVV etc.) from time to time.
- The Regular Retail Price
- The Regular Retail Price (“RRP”) is the standard price that Langaro charges for the product. The RRP is determined by considering the suppliers’ price, market conditions, and the prices being offered by other local retailers.
- When a product is not on sale, on special, or included in a discount promotion, the RRP is the price you will pay when you purchase the product (“purchase price”).
- Please note that RRPs can change over the course of several seasons over which the product may be sold. The RRPs applicable at the time the product is introduced may differ from the RRP at the time of your purchase.
- The Discount Price
- When Langaro is having a sale, has products in OUTLET, or is running a discount centric promotion on specific products on the site – the discount price is shown on the product’s product page, as well as the Regular Retail Price (“RRP”). The discount price will be shown in red and the RRP will be shown alongside it – but will be crossed out.
- When a discount price is shown on the product page, the discount price is the price you will pay when you add the product to your cart at the discounted price, and conclude the sale at the discounted price i.e. the purchase price.
- Pricing accuracy
- Every reasonable effort will be made to ensure that the RRP and, if applicable, the Discount Price of all products on Langaro are correct at the time of your purchase. If, however, the product is offered at an erroneous price, Langaro will not be obliged to supply the said product at the incorrect price.
- Langaro will only be liable to return payment already made by you in the case you choose to cancel the sale once you have been made aware of the correct price.
- Shipping and applicable fees
15.1.1 Langaro offers shipping to main centres, regional and outlying areas;
15.1.2 Upon checkout based on the postal code was entered it will give the customer the rate for shipping.
15.1.3 Langaro does not offer shipping to the Post Office;
15.1.4 Door-to-door courier service is available ;
15.1.5 Should a customer requires urgent shipping or international shipping, an option for that will be available and is subject to quotation.
15.2.1 Customers can also collect items from Langaro directly, this option will also be available to them at check out and free of charge.
- In the case of pick up point delivery, if the parcel is not collected within 8 calendar days of being delivered, the parcel will be returned to our warehouse and a return will be processed for the goods. You will be contacted in order to confirm the refund method you would prefer.
- Unless we inform you otherwise, before you place your order and before the final confirmation, the estimated maximum delivery time for an order in South Africa – for Standard delivery is 10 working days.
- As outlined above, all Langaro standard deliveries take place during business hours i.e. there are no deliveries over weekends or on public holidays. Please take this into consideration when selecting your delivery address.
- Lost parcels
- In the event that a parcel is declared missing, should stock be available a replacement order will be sent to the customer via the intended original delivery method.
- If stock is not available, the order (at Rand value paid) plus any relevant delivery fee will be refunded.
- Langaro will contact the customer in both cases to advise possible delays and/or preferred refund method.
- Defective items, returns and reimbursement
- If you are dissatisfied with your purchase due to a defect, incorrect product choice or other reason, you may return it with barcoded tags attached, to Langaro within 30 days of delivery, by the same delivery method which the parcel was received. If you are based in South Africa, you can either receive a Langaro account credit or a refund, or have the product repaired or replaced, depending on the situation.
- In the case of a damaged or incorrect item having been delivered, Langaro will evaluate each case and issue a refund upon proof of the damaged/incorrect item.
- You can only exchange your returned item for a different size , not for a different colour or any other item.
- For exchanges you need to contact the customer service team to ensure we reserve and confirm the availability of the size you are exchanging for.
- Sales records
Complete records of each transaction between you and Langaro are kept on the site for 12 months after a particular purchase or related transaction. During this time, you’ll be able to view and print out these records. After the 12-month period the responsibility of keeping such record falls onto you.
- Competitions & Promotions
Langaro may release printed or digital discount coupons (“coupons”) from time to time. Such coupons may be available through the website and/or from third-party websites, in magazines and other media. Coupons can be used to secure a discount on the site as long as the coupon is valid. Given expiry dates cannot be moved.
- Promotional coupons
20.1 Promotional coupons are issued at Langaro’s discretion. Users don’t have the right to promotional coupons and can’t earn them.
- Promotional coupons are issued with specific terms and conditions that regulate how and when they can be used. For example, certain coupons may be product specific in that they are only valid against a selected group of products. Exclusions may also exist with certain coupons e.g. not valid on items in OUTLET. The onus is on the shopper to check the full coupon T&Cs to ensure they understand the coupon’s applications and limitations.
- In general, unless otherwise specified on the coupon itself: a coupon is only valid for 30 days from date of issue. A coupon can only be used against a purchase on the site when the purchase meets the terms and conditions as specified on the coupon.
- Only one coupon can be used per shopping cart. Coupons are not transferrable and cannot be exchanged for cash. The discount value of the coupon will be deducted from the total amount in your shopping cart. The remaining balance, if any, must be paid by you.
- Creation of multiple Langaro accounts, with different email addresses, in order to utilise a coupon on multiple occasions, is abuse of the benefit and Langaro reserves the right to not release these orders.
- Should you wish to return an item you have purchased using a coupon:
- If you have redeemed a coupon against a purchase, and you’d like to return all items purchased, Langaro will refund you or credit your account with the rand value of the purchase. Please refer to the specific terms and conditions on the coupon for information on whether it will be reinstated and the terms that will apply.
20.6.2 If you have used a coupon against a purchase and then return some of the products purchased, Spree will apportion the value of the coupon across the relevant items in the cart and then refund you the relevant rand amount based on the items being returned.
- If you have used a coupon against a purchase and then return some of the products purchased, Langaro will recalculate the total value of your purchase AFTER the returned product(s) has/have been deducted. If the recalculated purchase value no longer meets the terms and conditions associated with the coupon, Spree reserves the right to deduct the value of the coupon off the refund for the returns, or, should you have credit in your Spree account, to debit the value of the coupon off your account balance.
Online Ordering Liability
21.1 Nothing in the Online Terms and Conditions excludes or limits our liability under the Consumer Protection Act and/or adhering to articles 43(5) and 43(6) of the Electronic Communication and Transactions Act in terms of payment systems and security and where said Act is not applicable, the common law for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation; and
- any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
- If we fail to comply with the Online Terms and Conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Online Terms and Conditions or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that the contract between you and us for your Order became binding (i.e. when the Confirmation Email/SMS for that Order was issued).
- We are under a legal duty to provide you with Products that are in conformity with the terms applying to your Order.
- Our maximum liability to you under the Online Terms and Conditions in respect of any particular Order will be limited to the value of that Order (which includes any delivery charges) as set out in the relevant Confirmation Email/SMS.
22. Suspension and Termination
22.1 If you breach any of the Terms, we may immediately do any or all of the following (without limitation):
22.1.1 issue a warning to you;
22.1.2 temporarily or permanently remove any User Generated Content uploaded by you to the Website;
22.1.3 temporarily or permanently withdraw your right to use the Website;
22.1.4 suspend or terminate your Account (and any refunds for outstanding Orders will be in our sole discretion);
22.1.5 issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs);
22.1.6 take further legal action against you; and/or
22.1.7 disclose such information to law enforcement authorities as we reasonably feel to do.
is necessary to do.
23. Disclosure of personal data
24. Governing law and jurisdiction
24.1 The Terms and the relationship between us shall be governed and construed in accordance with South African law. Any disputes arising in connection with the Terms and our Services shall be subject to the exclusive jurisdiction of the South Gauteng High Court, South Africa. If any provision of the Terms is found by a court of competent jurisdiction to be invalid (including, without limitation, because such provision is inconsistent with the laws of another jurisdiction) or inapplicable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision.
24.2 The termination of any contract created by the Terms will be without prejudice to any other rights or remedies that you or we may be entitled to under the contract or at law, and will not affect any of our or your accrued rights or liabilities nor the coming into or continuance in force of any provision of these Terms which is expressly or by implication intended to come into or continue in force on or after such termination.
24.3 If the Terms or any contract governed thereby or the Services provided and/or made available on the Website are regulated by or subject to POPI and/or the Consumer Protection Act 68 of 2008, as may be amended from time to time (the “CPA”), it is not intended that any provision of the Terms contravene any provision of POPI and/or the CPA. Therefore all provisions of the Terms must be treated as being qualified, to the extent necessary, to ensure that the provisions of POPI and/or the CPA are complied with.
25.1 Barring urgent or interim legal help that may be granted by a court of law: In the event of any disputes of any kind between you and Langaro, arising out of any situation catered for in these terms or conditions (or that arises out of these terms and conditions) and that cannot be resolved by the client service centre, the dispute may be presented for confidential arbitration.
25.2 Such arbitration will be handled according to the rules stipulated by the Arbitration Foundation of South Africa.
26. Legal notice address
Langaro elects as address for all purposes regarding these terms and conditions, whether for legal notices or serving of other communication documents of any kind, the following address:
Langaro Lifestyle Centre
15 The Fairway
An electronic copy is to be sent to firstname.lastname@example.org (Such copy must be delivered in conjunction with physical copy for serving to be effected.)
27. Terms and Discontinuation
27.1 These terms and conditions take effect on the date of first publication of the website and continue indeterminately. They may be revised by Langaro from time to time (as described above), for as long as the website continues to exist and be operated. Langaro is entitled to terminate these terms and conditions or close down the website at any time, subject to processing any pending purchases.
27.2 If you don’t meet your obligations regarding these terms and conditions, including any incidents about payment and price or an order, and you neglect to rectify Such non-adherence within 5 working days after Langaro has instructed you to do so, your access to the service will be blocked.
27.3 We have the right to close your account and deny you access to the site, depending on the severity of your actions. Such action on the part of Langaro will not have any negative effect on any damages Langaro may claim.
28. Copyright and other intellectual property
28.1 Any and all copyright relating to the website, including these terms and conditions, is held by Langaro (and partners). All rights not expressly given are reserved. You may download, view and print content from this site only for private and non-commercial ends. To obtain permission for commercial use of any content from this site, please send an email email@example.com, or call the client service line: 021 437 1690 Langaro is unable to edit or screen all content on the site, and will not be held accountable for illegal, libellous or obscene content. We advise you to inform Spree of any offensive or illegal material.
28.2 All content, trademarks and data on this website, including but not limited to software, databases, text, graphics, icons, links, private information, designs and agreements, are the property of or under licence of Langaro. As such they are protected by local and international legislation and agreements.
29.1.1 You may not transfer or assign the Terms and any rights and licenses granted hereunder. We may assign such Terms and any rights and licences without restriction. Any assignment or transfer by you shall be null and void.
29.2 Successors and Assigns
29.2.1 These Terms shall inure to the benefit of and be binding upon our and/or your party’s successors and assigns as may be applicable. Violation of Terms
29.3 Electronic Communications
29.3.1 By using the Website and/or the Services, you agree that all contracts, notices, disclosures and other communications sent by you or us satisfy any legal requirements, including but not limited to the requirement that such communications should be “in writing”. For the purposes of this clause, a “data message” means data generated, sent, received or stored by electronic means.
29.3.2 You agree specifically that:
18.104.22.168 the contract will be treated as if it was concluded at our physical address on the date on which you first made any use of the Website and/or Services;
22.214.171.124 an electronic signature is not required by you or us for purposes of agreeing to the Terms;
126.96.36.199 your use of the Website and/or the Services is sufficient evidence of your agreement to the Terms;
188.8.131.52 any data message sent by either you or us to the other will be deemed to have been sent from our physical address if neither your usual place of business nor residence is located within South Africa;
184.108.40.206 subject to the further provisions of the Terms, any communication sent to you by an information system programmed to operate automatically on our behalf will be a data message attributable to, or authorised by us; and
220.127.116.11 subject to the further provision of the Terms, a data message sent by you to us will only be treated as having been received by us when an acknowledgement of receipt is sent by us personally or a person who has authority to act on our behalf in respect of that data message.
29.4 shop.langaro.com corporate information
The Electronic Communication and Transactions Act determines that when goods or services are provided via certain electronic transactions, the seller must make certain information public on the site where the goods or services are offered.
Directors: Kirsty Da costa
Official email address: firstname.lastname@example.org
Langaro’s registration documents and the registered domain name are verified and underwritten by Hetzner.
PROATIA: The manual published in terms of article 51 of the Promotion of Access to Information Act 2 of 2000, can be downloaded from www.langaro.com