PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

Welcome to Hush. (Hush, refer to as “we” or “us”) website address: www.hushwear.co.za (also referred to as, the “Site”). We ask that you abide by the terms and conditions that follow, along with any other terms and conditions that may appear on the Site from time-to-time (collectively, the “Conditions”). Your use of the Site constitutes your agreement with the Conditions that follow, and we reserve the right to revise these Conditions at any time. When we make changes, we will post them here. You agree to check this section periodically to be aware of any changes and your continued use of the Site shall be considered your agreement to any modified Conditions. If you do not agree to these Conditions, then please do not use the Site.

TERMS OF SALE

By placing an order, you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see our notice for further information. In order to contract with Hush.

You must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Hush retains the right to refuse any request made by you. If your order is accepted, we will inform you by email and we will confirm the identity of the party which you have contracted with. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

OUR CONTRACT

When you place an order, you will receive an e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

PRICING AND AVAILABILITY

Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.

The prices quoted on this Website are final prices, which may vary either higher or lower than the prices in stores. You acknowledge that the prices quoted on the Website at the time of ordering will be honoured.  

Stock levels are subject to availability and we do our best to ensure all orders are packed accordingly to the desired quantities and styles. Should any order not be fulfilled by our warehouse upon packing due to items becoming out of stock, we will inform you of this as soon as possible. We will refund you for the out of stock item(s) upon packing and send the rest of your goods. We do not hold any orders and cannot cancel orders at this point of the process. Orders will be packed and shipped as usual in our normal processes and procedures.

DELIVERY AND RETURNS

Shipping costs will be added where applicable.

Exchanges and refunds

During 14 days following the delivery of your order, you may request the exchange or refund of items as long as they are unopened and haven’t been worn, which you must return to us in perfect condition accompanied by the original invoice. Returns will only be accepted if labels and original packaging are fully intact. Products purchased on sale (discounted price) are not eligible for return or exchange. You are responsible for the shipping of returned items back to Hush. Items lost in transportation will not be compensated for. Shipping charges on returned merchandise are at the customer’s expense. However, Hush will not charge additional shipping on exchanges. All exchanges are subject to availability. Refunds for returned merchandise will be made within two weeks of the return of the product, to the original purchaser’s credit card or payment method.

Faulty items after review and conclusion of reflecting production issues, will be exchanged to the same type of product in the same size, subject to availability, or refunded. Refunds for faulty items can be made within the 14-day period following delivery. All products purchased during our final sale are not eligible for return or exchange.

Sale periods may have an effect on order fulfilment times. We operate Monday to Friday and not on public holidays. When your order is placed, we will send you a confirmation of the purchase. Once your package is shipped, we will send you an email with final confirmation and instructions. Most orders are shipped standard mail. Depending on the intended ship-to location, orders can be subject to other shipping methods and the specific warehouse processing the order may utilize tracking. Applicable orders will have the tracking reference provided in the shipping confirmation email. Our appointed courier partners in each region deliver all orders.

PAYMENT

We accept card payments several local payment options. Upon receiving your order, we carry out a standard pre-authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorization check has been completed. Your card will be debited once the order has been accepted.

DISCOUNT CODES (COUPON CODES)

Discount codes may from time to time be offered to account holders; such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered. We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Website. Only one promotional discount code can be applied to an order. The conditions of use relating to any discount code will be specified at the time of issue.

SITE TRANSACTIONS

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, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. 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 we make a change to or cancel an order, we will 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. If your payment method has already been charged for an order that is later cancelled, Hushwear shall issue you a refund.

COLOURS

We have made every effort to display as accurately as possible the colours of our products that appear on the Site. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate.

COPYRIGHT COMPLAINT POLICY-INFRINGEMENT NOTIFICATION

If you believe in good faith that materials hosted by us infringe your copyright, please provide the written information requested below. The procedure outlined below is exclusively for notifying Hush that your copyrighted material has been infringed. Please provide the following information in the following order (including Section Numbers):

1. A clear identification of the copyrighted work you claim was infringed.
2. A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Site, such as a link to the infringing material.
3. Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
4. Include the following statement: “I have a good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
5. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner or an authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”
6. The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claims of copyright infringement on the Site should be emailed to:

info@hushwear.co.za

We suggest that you consult your legal advisor before filing a notice or counter-notice.  Also, please note that you may be liable for damages (including, but not limited to, costs and attorney’s fees) if you make a false claim of copyright infringement. We will review and address all notices that comply with the requirements above.

REPEAT INFRINGER POLICY

In accordance with the Digital Millennium Copyright Act and other applicable law, Hush has adopted a policy of terminating, in appropriate circumstances and at Hush’s sole discretion, subscribers or account holders who are deemed to be repeat copyright infringers. Hush may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Hush, its officers, directors, employees, agents, licensors and suppliers from and against any and all claims, charges, complaints, damages, losses, liabilities, costs and expenses (including attorneys’ fees), arising from or relating in any way to your use of the Site.

CHOICE OF LAW

These Conditions shall be construed in accordance with the laws of South Africa, without regard to any conflict of law provisions. Any dispute arising under these Conditions shall be resolved exclusively by the country of South Africa.

LINKS TO OTHER WEBSITES

This Site may contain links to outside services and resources. You acknowledge that (A)Hushwear is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites; and (B)Hushwear is not responsible for any other form of transmission received from any linked site. Hush is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Grumpy Monkey of the site. Any concerns regarding any such link should be directed to the particular third-party website.

TERMINATION

These Conditions are effective unless and until terminated by either you or Hush. You may terminate these Conditions at any time. Hush also may terminate these Conditions at any time and may do so immediately without notice.

DISCLAIMER

This site and the materials and products on this site are provided “as is” and without warranties of any kind. To the fullest extent permitted by law, Hush disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringementHush does not represent or warrant that this site will be uninterrupted or error-free, that any defects will be corrected, or that this site or the server that makes the site available are free of viruses or anything else harmful. Hushy do not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. Hush reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

LIMITATION OF LIABILITY

In no event shall Hush or any of its affiliated entities or suppliers be liable for any indirect, special, punitive, incidental, exemplary or consequential damages that result from (a) the use of, or inability to use, the site; (b) the performance of the services, products and materials available from the site; or (c) the conduct of other users of the site, even if Hush has been advised of the possibility of such damages. You assume total responsibility for your use of the site. Your only remedy against Hushwear for dissatisfaction with the site or any content is to stop using the site.

MISCELLANEOUS

Unless otherwise specified and except to the extent Hush products are offered for sale in the select foreign markets through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting Hush products and services available in the select foreign markets. This Site is controlled and operated by Hush from its offices in South Africa. These Conditions including, without limitation, any other Conditions that may appear on the Site from time-to-time contain the full understanding with respect to your use and access of the Site and supersede all prior agreements, terms, conditions and understandings, both written and oral, with respect to such use and access of the Site. If any portion of these Conditions is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remainder of these Conditions shall remain in full force and effect. A printed version of these Conditions and of any notices given to you in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of Hush to insist upon or enforce strict performance by you of any provision of these Conditions shall not be construed as a waiver of any provision or right.

Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Conditions. We may provide notice to you relating to the Site and/or these terms and conditions by sending an e-mail to your last known e-mail address, and any such notice shall be deemed given and received on the day it is sent. You agree that any cause of action that you may desire to bring arising out of or related to these Conditions and/or the Site must commence within one (1) year after the cause of action arises; otherwise, such cause of action shall be permanently barred. You may not use the Site or export the Content in violation of laws and regulations.