These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of the Action Clothing Company (Pty) Ltd t/a Custom Gear(“Provider”) website located at the domain name customgear.co.za (“the Website”). By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. The User may not access, display, use, download, and/or otherwise copy or distribute content obtained on the website for marketing and other purposes without the consent of the Provider.
By using this Website or communicating with the Provider by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.
E-Commerce & Privacy
The Website sells various promotional and novelty products online. The use of any product or service bought from this Website is at the purchaser’s risk. The purchaser/ user indemnifies and holds the Provider harmless against any loss, injury or damages which may be sustained as a result of using the products sold on the Website.
The Provider cannot be held responsible for security breaches occurring on the User’s electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.
The Provider will supply all goods to the delivery company in good order. The Provider will not be held liable for the condition of goods arriving at the User’s chosen delivery address.
All online payments are processed by any of the following payment gateways: Yoco, PayFast, Mobicred via PayFast, Walletdoc, SnapScan or Zapper. No credit card details are stored on this site. All payments are secure and done via the respective payment providers online portals.
Any credit agreement entered into with Mobicred is totally separate from the transaction between the User and the Provider. Any disputes about any repayments of such agreements must be taken up directly with Mobicred.
All credit amounts shown on the product pages are provided by Mobicred and based on the lowest price on those products that have multiple pricing options.
Refund and Return Policy
The provision of goods and services is subject to availability. In cases of unavailability, the provider will refund the client in full within 30 days. Cancellation of correctly fulfilled orders by the client will attract a 10% charge for administration fees on the product cost only if a cash refund is requested. Refunds in the form of a voucher will attract no charge. Shipping costs on correctly supplied items are non-refundable.
The Provider reserves the right to cancel an order for which payment has already been received. This may occur if stock is insufficient or the quality of goods ordered does not meet the Provider’s standards. Should the Provider exercise this right, the User will receive a full refund with no deductions.
Any complaints regarding the standard and quality of the product or products bought by consumers through the e-commerce facility should be directed to email@example.com
If any correctly supplied wearable item does not fit properly, it may be exchanged for another of a different size in the same design and cut if notification is given within 7 days of receipt of the item. The User will be responsible for managing the return as well as all shipping costs associated with the return and replacement of correctly supplied items. Please refer to the sizing charts to ensure that he correct sizes are ordered.
Products may not be returned due to shrinking or deformation once they have been washed as the Provider has no control over what has been done and whether or not the care label instructions have been followed or not. Any issues arising from a laundry cycle have typically been proven to have been as a result of negligence, such as washing at too high a temperature or tumble drying an item that specifically instructs otherwise. All shirts supplied by the Provider are one of only two brands that we source from our suppliers and time has shown that the quality of these garments is consistent and reliable.
Updating of these Terms and Conditions
The Provider reserves the rights to change, modify, add or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
Copyright and Intellectual Property Rights
Provider provides certain information at the Website. Content currently or anticipated to be displayed at this Website is provided by Provider, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematographic Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“the Content”). All such proprietary works, and the compilation of the proprietary works, are copyright the Provider, its affiliates or subsidiary, or any other third party owner of such rights (“the Owners”), and is protected by South African and international copyright laws. The Provider reserves the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.
Limitation of liability
The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither Provider nor any holding company, affiliate or subsidiary of Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if Provider is expressly advised thereof.
Privacy: casual surfing
The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. Provider uses this information to determine use of the Website, and to improve content thereon. Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.
Choice of Law
This Website is controlled, operated and administered by Provider from its offices within the Republic of South Africa. Access to the Website from territories or countries where the Content or purchase of the products sold on the Website is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Cape Town High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.
Product reviews are genuine and facilitated by an independent body. Discount coupons offered in exchange for reviewing of products are managed by an automated process and are given regardless of the content of the review or the star rating. A purchase of a product is necessary in order to review that particular product.
Coupons and Specials
A maximum of one coupon may be used per transaction. Items that have been marked down will not have any further discount in the form of a coupon or other discount applied to them.
No coupon or the value thereof may be applied retrospectively once the order has been placed.
We try to keep shipping fees as low as possible and as such, all rates below are subsidised prices what we actually pay the courier companies No products will be delivered to any address outside the Republic of South Africa.
PLEASE MAKE SURE THAT YOUR STREET POSTAL CODE IS USED AND NOT THE LOCAL POST OFFICE/PO BOX CODE. Failure to do this may result in the system charging more for shipping than necessary. If you believe the shipping charge quoted at checkout is too high for your area based on the rates below, please let us know BEFORE placing your order.
Cape Town area including Northern and Southern suburbs, but excluding the peninsula south of Hout Bay on the west and Kalk Bay on the east- R45.
See brown areas on map below for Cape Town delivery area.
Main centres in South Africa – R70
Outlying areas – R95 – Note that our outlying area database is incomplete. If you place an order and receive a lower rate than what it should be, we will NOT charge more for shipping on the current order, but will update the database to the higher rate for any future orders or exchanges on the current order as detailed above.
Orders of R550 or more will get free shipping.
Once the goods have been handed over by the Provider to the couriers and appears on their tracking system, it will then be considered to be out of the control of the Provider and any delivery issues that may arise thereafter will need to be taken up with the relevant courier office directly by the User.
Click on the relevant courier company name as supplied in the confirmation e-mail and contact your nearest branch.
Click on map to enlarge