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Terms and Conditions

COMMERCIAL TERMS FOR USE OF WEBSITE

Last updated: October 2018

  1. INTERPRETATION AND DEFINITIONS
    • BFC” and “us” and “we” means BFC Garment Rental Proprietary Limited trading as Best Friend’s Closet;
    • BFC Studio” means our offices at 53 Wale Street, Cape Town;
    • Products” mean the garments and accessories made available for rent or purchase on the Website;
    • Purchase Price” means the amounts payable by you to us to purchase the Products excluding VAT;
    • Rental Period” means the period for which you use the Products, being 4 (four) days or 8 (eight) days unless otherwise agreed;
    • Rental Price” means the amounts payable by you to us to rent the Products;
    • Retail Value” means the cost of each Product when new and as listed on the Website or communicated to you by us;
    • Service” means the services that we make available to you through the Website;
    • Terms” means these terms in this legally binding agreement that regulate your use of our Website and Services and our relationship with you;
    • User” and “you” means the individual making use of the Website and Services; and
    • Website” means bestfriendscloset.co.za, including all bestfriendscloset.co.za sub-domains.
  2. When do these Terms apply?
    • These Terms will apply when you become a User of the Website or Services. By registering on or logging into the Website or purchasing any Services or Products, you agree to these Terms.
    • To make use of any of our Services you must agree to these Terms. We reserve the right to refuse any request for our Services without notice or reason.
    • These Terms will also apply to any future services and interaction channels that may be made available by us.
    • You use our Website and Services at your own risk.
  3. Other applicable terms
    • Your use of the Website and Services will be regulated by these Terms as well as any other terms that are available on the Website (“Additional Terms“). The Additional Terms include the privacy policy governing the use of your personal information (“Privacy Policy“) and the general browser terms governing your general use of the Website (“Browser Terms“).
    • If there is a conflict between these Terms and any of the Additional Terms, the following order of preference will be applied in respect of applying such terms: (1) these Terms, (2) the Privacy Policy and (3) the Browser Terms, in so far as the Additional Terms are applicable to you.
  4. Changes to these Terms
    • We can:
      • change or add to these Terms;
      • change or cancel the Services or offer new Services to you from time to time; and
      • change or remove the Website from time to time,

at our discretion, and we will notify you of any changes via email which will contain a link to the updated Terms or with a prominent notice on the Website. For continued use of the Services, you may be requested, from time to time, to accept new or amended versions of these Terms.

  • We will give you 30 (thirty) days’ notice of a material change to these Terms. Should you disagree with the changes made, you can discontinue using our Services.
  1. Duration of these Terms

Simply, these Terms apply for as long as you use our Services, which shall include the period until any disputes have been settled in the event of any disputes arising from the use of the Website or Services.

  1. Login details, usernames and passwords
    • Our Website makes use of login functionality offering Users the option to create an account to easily access the Website and use the Services (“Account“), but also allows Users to use the Website and Services without registering an Account.
    • Where you create an Account, your information personal to you will be stored in your account and will make accessing the Services easier. Your Account will allow you to store information such as your personal details, contact information, delivery address, and payment information. You will also be able to review your previous orders for Products.
    • To create an Account, you must register with your personal email address and create a secure password (“Account Credentials“).
    • You are solely responsible for the safekeeping of your Account Credentials and any other credentials from a third party site used to create or access your Account. This means that should anyone enter your Account Credentials (whether that be you, or anyone else), we assume that the person using the Website or Services is you. BFC accepts no liability for anyone accessing your Account with your Account Credentials.
    • You are not allowed to share your Account with other Users. Only you may use your Account to access the Website and Services. You agree to accept all responsibility for the confidentiality of your Account Credentials and all use or charges incurred from use of the Services with your Account.
    • It is in your interests to familiarise yourself with our security requirements, guidelines and procedures communicated by us from time to time and follow these carefully.
    • You should inform us immediately if there has been, or if you suspect, any breach of security, confidentiality or your Account, and update your Account Credentials as soon as possible.
  2. Cancellation and suspension of these Terms
    • At any time, and without cause, we may cancel or suspend your access to the Website and/or use of the Services in our sole discretion, without any liability.
    • Your Account will be cancelled or suspended in the event of you circumventing or otherwise breaching these Terms or as a result of you providing false information or information that belongs to someone else without their permission to use such information.
    • You may request that your Account be cancelled. However, you might not receive a refund of any amounts paid if you cancel your Account and you may still be liable to pay our fees as set out in these Terms.
    • Importantly, all our rights in respect of the confidentiality undertakings and our limitation of liability as set out below will survive the termination of these Terms.
    • Upon termination of these Terms:
      • the Services will no longer be made available to the User on the Website;
      • any outstanding fees will become due and payable;
      • all Products in the User’s possession shall be returned to BFC in accordance with these Terms; and
      • if applicable, the User’s payment information will be removed from the Account.
    • Your Content may continue to exist and be used on or through the Service even after your Account has been cancelled or suspended in accordance with our Privacy Policy.
  3. Your use of the Products
    • You agree to treat all Products rented from us with the highest standard of care and return the Product in the same condition as it was in when you received the Product, normal wear and tear expected.
    • Normal wear and tear includes minor stains, rips, stuck zippers, missing beads or other similar minor damages.
    • You will be liable for destruction, loss or damage to the rented Products for whatever reason, including as a result of theft, disappearance, major stains or damage, fire, or any other cause attributable to your own or another’s negligence, failure, or omission during the Rental Period.
    • The Products made available by BFC on the Website have been previously used and therefore, reasonable wear and tear is to be expected. We take reasonable steps to ensure that our Products are kept in a good condition and will not advertise Products that are no longer in an acceptable condition. Therefore, we ensure that the Products are:
      • reasonably suitable for the purpose for which they are generally intended, being to be worn by you with care, for an appropriate occasion and that the Products will not be used for a purpose that they are not intended for;
      • of a good quality, in good working order and free of defects, taking into account that the Products are not new and have been previously used; and
      • useable and durable for a reasonable period of time, being the Rental Period.
    • Therefore, you agree that all Products are supplied “as is”; that you are aware of the specific condition that the Products are supplied in and that the Products are not new.
    • Products may appear different in colour and style than as displayed on the Website.
    • You acknowledge and agree that you will not alter or make any additions to the Products or in any other manner interfere with the Products, other than making temporary minor adjustments to the Products that will not cause any damage. For example, you may hem Products using only temporary hem tape produced specifically to be used on clothing.
  4. Orders and Payment
    • All Products listed on our Website are available to rent and/or purchase at the Rental Price or Purchase Price listed, subject to availability. Additional terms are applicable to Products available for purchase as set out in clause 17
    • The Rental Price is the full amount payable by you to rent the Product for the Rental Period and includes the rental fee, delivery and return shipping costs, insurance, cleaning fees and applicable taxes.
    • To place a rental order for a Product, you are required to select the date on which the Rental Period will start and provide usual billing information, such as your name, delivery address, payment information and contact details. Where you have an Account, BFC will use the information stored in your Account.
    • When placing your order, you authorise BFC to charge your payment card with the Rental Price and/or Purchase Price (“Fees“) at the time of placing the order, regardless of how far in advance the Product is ordered.
    • Once your order has been confirmed by us on the Website, we will direct you to our payment processor in order for you to pay the Fees.
    • Once payment has been made, BFC will send you a transaction email, setting out the information about your order, including the Products that you have rented, the Fees paid, the duration of the Rental Period, the start of the Rental Period, when the Products will be delivered and collected or when you may collect and return the Products from the BFC Studio.
    • All orders placed and confirmed before 14h00 on an ordinary business day, being Monday to Friday, excluding South African public holidays, are eligible for next-day-delivery.
  5. Cancellation policy

You may cancel your order subject to the following cancellation fees and policies:

  • If you cancel an order 30 (thirty) or more days in advance of the start of the Rental Period, there is no cancellation fee and you will receive a full refund of all Fees paid issued to the payment card that you used for the order. Your refund will be made within 30 (thirty) days of the date of cancellation.
  • If you cancel an order less than 30 (thirty) days, but more than 14 (fourteen) days in advance of the start of the Rental Period, you will not be entitled to any refund, but you will receive full BFC credit for the Fees associated with the cancelled order.
  • If you cancel an order less than 14 (fourteen) days in advance of the start of the Rental Period, you will receive full BFC credit for the Fees associated with the cancelled order, minus a reasonable cancellation fee of R150.00 (one hundred and fifty Rand).
  1. Delivery and receipt of the Products
    • BFC will ensure that the Products are clean and pressed when they leave our possession for delivery and that they arrive at your delivery address as crease-free as possible.
    • Subject to clause 7, all Products will be delivered at your delivery address on the delivery date, being the start of the Rental Period as indicated in the transaction email. Alternatively, you may collect the Products from the BFC Studio before 17H00 on the delivery date.
    • If you choose to collect the Products from the BFC Studio, but fail to do so before 17h00, the Rental Period will start to run on the delivery date regardless, and you will not be entitled to a refund of any Fees. You will be required to collect the Products from the BFC Studio the following day or arrange for us to courier the Products to you. You acknowledge and agree that you will incur the costs associated with such delivery of the Products in addition to the Fees already paid, and you authorise BFC to charge such costs to your payment card.
    • If you use our courier service, you must make all arrangements necessary to take delivery of the Products whenever tendered for delivery by our courier on the delivery date. In the event that you are unable to take delivery of the Products at the nominated delivery address on the delivery date, and for any reason we are required to redeliver the Products, we will be entitled to charge a reasonable fee for the redelivery.
    • Any delivery time given by BFC to you is an estimate only. If the Products are not delivered on the delivery date due to the fault of BFC or the courier, BFC will, at the election of the User, (i) extend the Rental Period accordingly, subject to any other orders for the Product, or (ii) refund a portion of the Rental Fee paid by you in respect of the Rental Period that has elapsed prior to you receiving the Products, or (iii) refund the Rental Fee if you choose to cancel the order as a result.
    • Upon receipt of the Product, you must thoroughly inspect the Products and within 4 (four) hours of receipt of the Products notify BFC (by phone or email) of any alleged defects or damage to the Products, missing Products or other problem with the Products, including if the Products do not fit. If you do not notify BFC of any problems with the Products, you will be deemed to have accepted delivery of the Products.
    • If the Products are defective or damaged when you receive them, or Products are missing from your order and you have notified BFC as required in clause 6, we will arrange for another Product of your choice to be couriered to you at no extra cost other than if the Rental Price of the new Product is more than the initial Product, or refund you, or provide BFC credit for the Rental Price of the defective, damaged or missing Product(s). If the Rental Price of the new Product is more than the original Product, you will be liable for the additional fees and will receive a refund or BFC credit if the Rental Price of the new Product is less than the original Product.
    • If the Products that you have ordered do not fit and you have notified BFC as required in clause 6, you can exchange them for another Product at the BFC Studio or return them for BFC credit, being the Rental Fee less the shipping costs, insurance and cleaning costs included in the Rental Fee. If you exchange the Product and there is a difference in Rental Price, you will be charged the difference in Rental Price where the replacement Product is more expensive or receive BFC credit where the replacement Product is less expensive. All returns and exchanges in this clause11.8 are subject to the Product, in our sole discretion, not being worn other than to try it on.
    • You acknowledge that you are aware that the Products are offered in a specific condition, namely that they are previously used and are subject to reasonable wear and tear, and that by placing any orders to rent the Products offered by BFC, you accept the conditions of the Products.
  2. Extending the Rental Period
    • If you require the Product for longer than the Rental Period, you must contact us (via email) as soon as possible to extend the Rental Period.
    • All extensions of the Rental Period are subject to other orders for the Products and pre-payment of the applicable Rental Fees for the extended period.
    • BFC will issue you with a new transaction email, which will include the Rental Fees payable for the extended period, the new Rental Period and the new return date.
  3. Returning the Product
    • On the return date, being the end of the Rental Period, and as indicated in the transaction email, our designated courier will collect the Product from you at your designated address or you must return the Product to us by 17H00 at the BFC Studio.
    • If you do not meet the courier as arranged, you will be required to return the Products to the BFC Studio at your own cost, either via courier or by you in person. If you use a courier to return the Products, you will be required to provide BFC will the relevant tracking information and details of the courier. All risk in the Product will rest with you until it is received by BFC and inspected by us. To be clear, the costs that you incur in returning the Product in terms of this clause2 are for your sole expense and are not included in the Rental Price, nor will they be reimbursed by BFC.
    • Upon receiving the returned Product, we will inspect the Product for any damage beyond reasonable wear and tear.
    • You will be liable for the applicable replacement costs as set out in clause 14 below in the following circumstances:
      • you fail to return the Product at all;
      • the Product is damaged beyond reasonable wear and tear; or
      • you have not returned the Product in the garment bag in which it was delivered.
    • We are not responsible for any personal or other items left in the Products or which are returned to BFC with the returned Product. If you believe you have accidentally or otherwise sent us any such items, please contact us as soon as possible at info@bestfriendscloset.co.za. We may assist in attempting to locate such items at your request, but are not obligated to and assume no liability for doing so.
  4. Replacement costs and late fees
    • If you damage the Product beyond normal wear and tear and cause damage to the Product, you will be liable to pay a replacement cost equal to the Retail Value of the Product.
    • If you fail to return the Product to BFC for whatever reason, whether due to your fault or another’s, you will be liable to pay a replacement cost of double the Retail Value of the Product.
    • If you fail to return the garment bag that the Product was delivered in, or have damaged it, you will be liable to pay the replacement cost of the garment bag, being R300.00 (three hundred Rand) (excluding VAT).
    • You will be liable for late fees where you do not return the Products on time at the end of the Rental Period. Late fees are charged at R500.00 (five hundred Rand) (excluding VAT) per day that Products are late after the Rental Period and will accumulate daily until the Retail Value of the Product is reached. If you have not returned a Product within 20 (twenty) days after the Rental Period has come to an end, you will be liable for the replacement cost of double the Retail Value of the Product as per clause 2 as your late return will be considered a non-return of the Product.
    • All replacement costs owed by you are in addition to any Rental Fees paid by you in respect of the Products.
    • You authorise BFC to charge your payment card with all applicable fees in terms of this clause 14, plus any applicable VAT. For the avoidance of doubt, any replacement costs paid by you in terms of this clause 14 are in addition to any Fees already paid to BFC for the Services.
    • If you pay BFC double the Retail Value of the Product in terms of this clause 14 and you still possess the Product, the Product is yours to keep, though on an “AS IS” basis without warranty of any kind.
  5. Risk in the Products
    • You will be liable for all damage or harm sustained to the Products from the time you receive the Products, whether they have been delivered by our courier or from the time that you collect the Products from the BFC Studio, until you return the Products.
    • When are Products deemed “returned”?
      • Products are deemed returned when they have been returned to the BFC Studio and we have physically received them. Where you make use of BFC’s courier to return the Product as arranged, the Product will be deemed returned once the courier has acknowledged receipt of the Product.
      • However, if you miss our courier and are required to arrange your own courier to return the Products as per clause 2 above or return the Products yourself, you will bear all risk in the Products until they are received by us, regardless of which courier you use, and will be liable for the applicable replacement costs as set out in clause 14.
  1. Limited warranties
    • The limited warranties set out in this clause 16 are provided by BFC in connection with Product rentals. BFC’s liability to you for failure to comply with any of these warranties is limited to timely delivery of Products conforming to the warranties or a refund of the Rental Fee.
    • Correct products. BFC will deliver the Products to you or make them available for your collection from the BFC Studio, on the delivery date for which you ordered them, except in the event that the Product is damaged beyond repair; is not returned by another user; or there is an occurrence subsequent to the placing of the order that prevents timely delivery. In such event, we will use reasonable efforts to notify you that the Product is unavailable. If we are able to reach you, you will be entitled to choose any available Product to replace the unavailable Product to be included in your order and delivered on the delivery date. If we are unable to reach you, we will provide you with a full refund of the Rental Fee in respect of that Product or BFC credit at your election.
    • Clean and ready to wear. The Products will be professionally cleaned and delivered ready to wear. BFC dry cleans and inspects each Product with the utmost care but use of the Product is at your own risk and BFC will under no circumstances be held liable for any health-related complaints associated with any Product.
  2. Product sales

The following additional conditions apply to the sale of any Product.

  • You acknowledge and agree that only those Products designated by us on the Website as available for purchase are eligible for purchase by you. Any Products listed on the Website for sale are new and unused, unless otherwise stated as “used”.
  • Purchase Price. The Purchase Price for the Products does not include the applicable delivery fees or taxes, however, delivery fees for any Products being purchased are waived when they are purchased in the same order with Products being rented. Where you purchase Products without renting anything else, the delivery fee will be listed on the Website.
  • Upon placing your purchase order for a Product, you authorise BFC to charge your payment card for the Purchase Price plus any delivery fees and taxes indicated in the transaction email provided.
  • The delivery terms applicable to rental orders for Products as set out in clause 11 apply to purchase orders for Products.
  • You may cancel your purchase order for the Product within 7 (seven) days of receiving them, by informing us of your intention to cancel the purchase order and returning the Products to the BFC Studio at your sole cost and expense, subject to the Products being unused and in the same condition as received, including all original packaging. We will refund the Purchase Price to your payment card within 30 (thirty) days of your cancellation of the order, subject to the Products being returned in the correct condition.
  • Wrong Products. If we delivered the wrong Product, or if the Product is not as described on the Website, please notify us within 7 (seven) days and we will collect the Product from you at no charge. Once we have inspected the Product, we will deliver the correct Product to you as soon as possible (provided that it is available) or provide BFC credits for the Purchase Price or refund the Purchase Price, at your election, within 10 (ten) days of the return.
  • Products damaged upon delivery. If the Product is damaged upon delivery, please notify us within 7 (seven) days and we will collect the Product from you at no charge. Once we have inspected the Product, we will deliver a replacement Product to you as soon as possible (provided that it is available) or repair the Product (provided that it is capable of repair) or provide BFC credits for the Purchase Price or refund the Purchase Price, at your election, within 10 (ten) days of the return.
  • Defective Products.
    • A defect is a material fault in the manufacture or any characteristic of a product which makes the product less acceptable than reasonably expected in the circumstances.
    • BFC will accept the return of defective Products purchased from BFC within 6 (six) months from the delivery or collection date of the Product. Where the Product is defective, please notify us as soon as possible and we will collect the Product from you at no charge and inspect the Product. At your election, we will deliver a replacement Product to you as soon as possible (provided that it is available) or repair the Product (provided that it is capable of repair) or provide BFC credits for the Purchase Price or refund the Purchase Price, at your election, within 21 (twenty one) days of the return.
  1. VIP Appointments
    • Our Services include the option to book an exclusive appointment with our stylist to provide you with one-on-one styling advice at the BFC Studio (“VIP Appointment“).
    • When you book a VIP Appointment on the Website, you will receive a booking confirmation via email and a questionnaire from our stylist to gain a better understanding of your style and fit preferences and the occasion you are renting for, which information will be used to personalise your appointment.
    • During the VIP Appointment, our stylist will arrange a selection of various outfits chosen in accordance with the questionnaire that you completed and will provide personal styling and fitting recommendations.
    • In order to reschedule or cancel your appointment, you must contact the stylist directly at stylist@bestfriendscloset.co.za or at info@bestfriendscloset.co.za at least 2 (two) business days in advance of your scheduled appointment in order to receive a full refund.
    • The fees for a VIP Appointment are listed on the Website and may change from time to time without prior notice. You are required to pay all fees for a VIP Appointment in order for your booking to be confirmed.
  2. The Fees
    • Remember, our Fees can change, and we can add fees, at our discretion.
    • You will be liable for the Rental Prices and Purchase Prices in respect of any Products that you order from us.
    • You will also be liable for any replacement costs and late fees as set out in clause 14.
    • Other fees that may be applicable to your use of the Services include, amongst others:
      • taxes;
      • delivery fees;
      • return fees; and
      • data charges for accessing the Website, etc.
  1. Payment generally
    • Successful purchase: an order for Products is successful when the User’s payment has been made from the User’s payment card. The User will receive confirmation of a successful purchase via email.
    • Third party payment gateway: all Users agree to adhere to the terms and conditions stipulated by any third-party payment gateway that may be used by us in the provision of the Services.
    • Billing details: billing details will be required before you can use our Services. Your billing details must be provided to, and will only be stored by, the third party payment gateway service provider before you can successfully make a purchase. You promise that the information you provide is true and accurate, and that you are authorised to use the billing details provided.
    • Additional charges: if you cancel a payment by giving instruction to your bank to return your funds, and they do so, or you cancel the payment card that you have authorised us to debit for purposes of these Terms, you will be liable to us for any penalty which we incur to that bank or other payment processor and for any Fees that you owe to us.
    • Foreign currency: if the fees are described in a different currency to that which you use, you accept all risk for any currency fluctuations and you undertake to pay the fees in full in our stated currency. You similarly undertake to pay any levy that may arise because of the currencies differing.
  2. Promotional codes and vouchers
    • We may, at our discretion, make promotional codes and vouchers available to you, providing a discounted fee or other benefit.
    • The promotional codes and vouchers will be distributed for free by us and will be strictly enforced regarding any expiry date linked to such promotional code or voucher.
    • Should a gift voucher be purchased from us, the gift voucher will be valid for a period of 3 (three) years, from date of purchase or as otherwise stated on such voucher, in terms of section 63 of the Consumer Protection Act, 68 of 2008, after which the voucher will expire and be considered null and void.
  3. Acceptable use policy
    • Some devices may not support the use of our Services. It is your responsibility to keep your device(s) updated and/or in a condition for them to support the use of our Services, including internet access capabilities.
    • The use of our Services is restricted to South Africa. It is your responsibility to determine whether your location is supported by our Services before incurring any liability to us as we will not be liable for any loss that you may incur because of our Services not being supported in your location.
    • You must respect our Website, Services and our intellectual property in utmost good faith and use them only as we intend them to be used. Any use by you of our Website and/or Services which violates this undertaking can result in us terminating your use of our Website and/or Services. We will be the sole judge of what constitutes a violation of your undertaking to use our Website or Services, but these will likely be good grounds:
      • copying or distributing any of the content without our explicit consent to do so;
      • providing any untrue or incorrect information to our Website and/or our Services;
      • changing, modifying, copying, decompiling, circumventing, disabling, tampering with or any part of our Website and/or Services, including their security features or reverse engineering our Website;
      • infecting our Website with any software, malware or code that may infect, damage, delay or impede the operation of our Website or which may intercept, alter or interfere with any data generated by or received through our Website and/or the Services;
      • using malicious search technology, including, but not limited to, spiders and crawlers;
      • deep linking to any pages of our Website in a way to suggest that you are the owner of any intellectual property in our Website and/or Services;
      • using the interactive sections of our Website to post any material which, in our discretion, is false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise violates any laws; or
      • allowing any third party to use your Account in any manner other than as permitted by these Terms.
  1. Consent required for minors
    • In terms of South African law, any persons under the age of 18 (eighteen) years require the consent or assistance of a parent or guardian to legally enter into a reciprocal agreement.
    • Any user of the Website or Services who is not at least 18 (eighteen) years old requires the consent or assistance of a parent or guardian to use our Website or Services.
    • We accept no responsibility for invalid consent being provided by a User. Any legal action taken against a minor as a result of their use of our Website and/or Services is independent from BFC and we will not be a party to any such legal action.
  2. Social media integration
  1. Electronic messages and communication
    • We will mainly use email and electronic notices on the Website as our main communication tool for all communications relating to our Website, Services, or these Terms. This may also include the use of SMS (short message services) or telephone.
    • By accepting these Terms and using our Services or the Website, you expressly agree to us using your personal contact information provided in your Account or when using the Services for communicating with you via electronic messages and communication. This includes us sending you direct marketing about our Products, Services and/or Website.
  2. Third party sites
    • We may provide certain hyperlinks to third party websites or apps only for your convenience, and the inclusion of any hyperlinks or any advertisement of any third party on our Website does not imply endorsement by us of their websites or apps, their products, business or security practices or any association with its operators.
    • If you access and use any third-party websites, apps, products, services, and/or business, you do that solely at your own risk.
  3. Intellectual property rights
    • You acknowledge and agree that all right, title and interest in, and to, any of our intellectual property (including but not limited to any copyright, trademark, design, logo, process, practice, or methodology which forms part of, or is displayed or used on the Website or the Services including, without limitation, any graphics, logos, designs text, button icons, images, audio clips, digital downloads, data compilations, page headers and software) is proprietary to us or the respective owner(s)’ property and will remain our or the owner’s property at all times.
    • You agree that you will not acquire any rights of any nature in respect of that intellectual property by using our Services.
  4. Warranties and representations
    • We give no guarantee of any kind concerning the content or quality of our Services, Website or Products. We do not give any warranty (express or implied) or make any representation that our Services or Website will operate error free or without interruption or that any errors will be corrected or that the content is complete, accurate, up to date, or fit for a particular purpose.
    • We make no representations to you, either express or implied, and we will have no liability or responsibility for the proper performance of the Website and/or the information, images or audio contained on the Website. Our Services are used at your own risk and you acknowledge that the Products you receive may appear different in person than they did on the Website.
    • You warrant to and in favour of us that:
      • you have the legal capacity to agree to and be bound by these Terms; and/or
      • you have the consent of a parent/guardian in cases where you are younger than 18 (eighteen) years old or you are 18 (eighteen) years or older; and
      • these Terms constitute a contract valid and binding on you and enforceable against you.
    • Each of the warranties given by you will:
      • be a separate warranty and will in no way be limited or restricted by inference from the terms of any other warranty or by any other words in these Terms;
      • continue and remain in force irrespective of whether your account is active, suspended or cancelled; and
      • be deemed to be material.
  1. Severability

If any part of these Terms becomes illegal, invalid or unenforceable in any jurisdiction affected by these Terms, then those illegal, invalid or unenforceable provisions will be severed from these Terms (they will be treated as if they don’t exist), and the remaining provisions of these Terms will continue as valid and enforceable.

  1. Limited liabilities

In addition to the limited warranties set out in clause 16 above:

  • we will not be liable to you for any loss caused using our Website and/or Services or your liability to any third party arising from those subjects. This includes:
    • any interruption, malfunction, downtime, off-line situation or other failure of the Website, system, databases or any of its components;
    • any loss or damage regarding your data or other data directly or indirectly caused by malfunction of the Website; and
    • any third-party systems whatsoever, power failures, unlawful access to or theft of data, computer viruses or destructive code on the Website or third-party systems or programming defects;
  • we will not be liable if any material available for downloading from the Website is not free from infection, viruses and/or other code that has contaminating or destructive properties;
  • our Website may include inaccuracies or typo’s and in such instances, we can’t be held liable and can’t be forced to comply with offers that are genuinely (and/or negligently) erroneous;
  • we are not responsible for the proper and/or complete transmission of the information contained in any electronic communication or of the electronic communication itself nor for any delay in its delivery or receipt. Security measures have been implemented to ensure the safety and integrity of our Services. However, despite this, information that is transmitted over the internet may be susceptible to unlawful access and monitoring; and
  • our limited liability applies to all and any kind of loss which we can possibly contract out of under law, including direct, indirect, consequential, special or other kinds of losses or claims which you may suffer.
  1. Indemnity

You shall indemnify, defend and hold us (including our shareholders, directors and employees, in whose favour this constitutes a stipulation capable of acceptance in writing at any time), our affiliates and their employees and suppliers harmless from any and all third party claims, any, actions, suits, proceedings, penalties, judgments, disbursements, fines, costs, expenses, damages (including, without limitation, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss or damage of any kind) and liabilities, including reasonable attorneys’ fees, whether directly or indirectly arising out of, relating to, or resulting from the negligence, breach of these Terms or violation of applicable law, rule, regulation by a party or its affiliates, or their respective owners, officers, directors, employees, or representatives.

  1. Arbitration
    • Any dispute which arises out of or pursuant to these Terms (other than where an interdict is sought, or urgent relief may be obtained from a court of competent jurisdiction) shall be submitted to and decided by arbitration in accordance with the arbitration rules and legislation for the time being in force in South Africa.
    • That arbitration shall be held:
      • with only the parties and their representatives present;
      • at Cape Town.
    • The parties shall use their best endeavours to procure the expeditious completion of the arbitration.
    • The provisions of this clause 32 are severable from the rest of these Terms and shall remain in effect even if these Terms are terminated for any reason.
  2. Force majeure

Except for the obligation to pay monies due and owing, neither you nor we will be liable if either of us cannot perform in terms of any agreed terms due to reasons beyond our control. This includes lightning, flooding, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, acts or omissions of persons for which we are not responsible, and acts of government or other competent authorities (including telecommunications and internet service providers).

  1. Legal Disclosure
    • Website owner: BFC Garment Rental Proprietary Limited t/a Best Friend’s Closet, registration number 2018/387281/07.
    • Legal status: Best Friend’s Closet is a private company, duly incorporated in terms of the applicable laws of South Africa.
    • Directors: Robynne Klee.
    • Description of the main business of Best Friend’s Closet: Best Friend’s Closet is an online website that provides high quality clothing to users for rent as an alternative to purchasing new clothing items, ensuring a fresh outfit while saving time and money.
    • Email address: info@bestfriendscloset.co.za.
    • Website address: https://www.bestfriendscloset.co.za/.
    • Physical address: 53 Wale Street, Cape Town.
    • Registered address: Belmont Square, Belmont Road, Rondebosch, Western Cape, 7700
  2. General
    • Entire agreement: these Terms constitute the whole agreement between the parties relating to the subject matter of these Terms and supersedes any other discussions, agreements and/or understandings regarding the subject matter of this agreement.
    • Confidentiality: neither party may disclose any confidential information to any third party without the prior written approval of the other party, unless required by law. This confidentiality undertaking will continue after these Terms have been cancelled.
    • Law and jurisdiction: these Terms and all obligations connected to it or arising from it shall be governed and interpreted in terms of the laws of South Africa. Each party submits to the jurisdiction of the South African courts.
    • Good faith: the parties shall in their dealings with each other display good faith.
    • No waiver: the failure of BFC to insist upon or enforce strict performance by the User of any provision of these Terms, or to exercise any right under these Terms, shall not be taken as a waiver or relinquishment of BFC’s right to enforce any such provision or right in any other instance.
    • No assignment: these Terms and the related Services provided by us are personal to you and you may not transfer them to anyone else without our written consent. BFC may transfer its rights and obligations under these Terms to third parties.
    • Relationship between the parties: the parties agree that neither party is a partner or agent of the other party and neither party will have any right, power, or authority to enter into any agreement for, or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party.
    • No representation: to the extent permissible by law, no party shall be bound by any express or implied or tacit term, representation, warranty, promise or the like not recorded herein, whether it induced the contract and/or whether it was negligent or not.
    • Severability: any provision in these Terms which is or may become illegal, invalid or unenforceable will be ineffective to the extent of such prohibition or unenforceability and will be severed from these Terms without invalidating the remaining provisions of these Terms.
    • No stipulation: no part of these Terms shall constitute a stipulation in favour of any person who is not a party to these Terms unless the provision in question expressly provides that it does constitute such a stipulation.
    • Disclaimer: the use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
    • Notices:
      • BFC selects 53 Wale Street, Cape Town as its physical address and info@bestfriendscloset.co.za as its email address for the service of all formal notices and legal processes in connection with these Terms, which may be updated from time to time by updating these Terms.
      • You hereby select the delivery address specified with your order as your physical address and the email address provided with your order as your email address for service of all formal notices and legal processes in connection with these Terms, which may be changed by providing BFC with 7 (seven) days’ notice in writing.
      • Service via email shall be accepted in all cases where notice is required unless alternative service is required by law. Service via email is deemed to be received at the time and day