WEBSITE: www.secondchanceclothing.co.za

These Terms and Conditions (“Terms of Service”) govern your access to and use of the Bekwell Investments t/a Second Chance Clothing website, services and online store (collectively, the “Website” or “Services”). By visiting the Website or placing an order, you agree to be bound by these Terms of Service. 

If you do not agree with any part of these Terms of Service, you may not use the Website or purchase any Goods. 

Our Privacy Policy and Cookie Policy form part of these Terms of Service and are incorporated by reference. By accepting these Terms of Service, you also agree to be bound by the provisions of these policies. In the event of any conflict, these Terms of Service prevail in respect of commercial and transactional matters and the Privacy Policy prevails in respect of Personal Information processing 

1. Definitions   

In these Terms of Service, words and expressions have the following meanings:

1.1 “Terms of Service” means the terms and conditions which govern your access and use of the Second Chance Clothing website, services and online store. 

1.2 “As-Is” means items sold in their current condition, without guarantee of being new.  

1.3 “Customer”, “you” or “your” means any person accessing the Website or purchasing Goods. 

1.4 “CPA” means the Consumer Protection Act 68 of 2008.  

1.5 “ECTA” means the Electronic Communications and Transactions Act, 25 of 2002.

1.6 “Goods” means any clothing or related products offered for sale on the Website, including second-hand clothing. 

1.7 “Order” means an electronic request by a Customer to purchase Goods via the Website. 

1.8 “Order Confirmation” means the written or electronic confirmation issued by us accepting your Order.

1.9 “Personal Information” means any information relating to an identifiable, living natural person or, where applicable, an identifiable juristic person, including without limitation: your name, contact details, delivery and billing addresses, payment information, account login credentials, and any other information that may be collected, stored, or processed by us in connection with your use of the website or services.

1.10 “Second-Hand” means clothing that has been previously worn or used.

1.11 “Second Chance Clothing”, “we”, “us” or “our” means Bekwell Investments t/a Second Chance Clothing (Pty) Ltd, registration number: 2022/734530/07

 1.12 “Defective” or “Defect” includes, without limitation, an undisclosed structural damage, tears, or staining not visible in listing photographs and not mentioned in the listing description on the Website; infestation by insects, mould, or other biological contamination; a material misrepresentation of the Item’s condition, size, or composition; and any condition that renders the Goods unfit for ordinary use and which was not disclosed prior to purchase. Minor wear consistent with the stated condition grading, natural variations in vintage or aged fabric, faults disclosed in the listing description or photographs; and/or damage caused by the Consumer after delivery shall be expressly excluded. 

2. ONLINE STORE TERMS

2.1 You represent that you are of legal age to enter into a contract or have obtained parent/guardian consent to use the Website. 

2.2 You may not use the Website or Goods for illegal purposes or in violation of applicable laws. 

2.3 You may not transmit viruses, malware or any code of a destructive nature. 

2.4 Breach of any provision may result in immediate termination of or access to the Website and/or cancellation of Orders. 

3. PRODUCT INFORMATION AND NATURE OF GOODS

3.1 We make reasonable effort to ensure accuracy of product images, descriptions, sizes and prices. Minor discrepancies do not constitute a breach.  

3.2 All Orders are subject to availability. Obvious or inadvertent errors in prices, descriptions or offers may be corrected without liability. 

 3.3 Ownership of Goods transfer upon delivery. 

3.4 Second Chance Clothing does not manufacture Goods, and all the Goods are Second-Hand and supplied As-Is. You therefore acknowledge that Goods may display signs of wear, minor defects, fading, or other natural imperfections.     

 3.5 Unless stipulated otherwise, no warranty is given that the Goods are of merchantable quality, fit for a particular purpose or free from defects. Minor discrepancies in colour, measurements, style, or signs of wear do not constitute the Goods as Defective. 

3.6 Second Chance Clothing endeavours to use original photographs of the Goods, however, where specified, images may include AI-generated or AI-assisted representations used for illustrative purposes only and may not depict the exact item for sale. 

4. ORDERS AND ACCEPTANCE  

4.1 By placing an Order, you agree to these Terms of Service and consent to electronic contracting under the ECTA. 

4.2 Clicking “I Accept” or “Place Order” constitutes a legal signature and an irrevocable offer to purchase under these Terms of Service. 

4.3 We may accept or reject Orders at our discretion. Acceptance occurs upon email confirmation from us which confirms our acceptance of the Orders.  

4.4 Electronic records of Orders, confirmations, and transactional data constitute prima facie evidence of the agreement. 

4.5 Prices, availability and specifications may change until Order confirmation. 

4.6 No post-checkout terms submitted by you will bind us unless expressly accepted in writing. 

4.7 We reserve the right to refuse or cancel any Order at our sole discretion, including in cases of stock shortages or errors in pricing or description.

4.8 An Order shall be deemed accepted once you receive written confirmation of your Order from us.

4.9 We may contact you via email, phone, or SMS regarding any issues with the Order, including clarifications about the Goods, delivery details, or payment. By placing an Order, you consent to being contacted for these purposes.  

5. PRICING AND PAYMENT TERMS

5.1 All prices are displayed in South African Rand (ZAR) and include applicable taxes unless stated otherwise. Prices are subject to change without prior notice, but changes will not affect Orders that have already been confirmed and paid for.        

5.2 Payment must be made in full before delivery. Orders will only be dispatched once we have received and confirmed payment via the chosen payment platform.

5.3 You are responsible for ensuring that payment details submitted on the Website are accurate. We will not be responsible for failed payments due to incorrect or incomplete information. 

 6. DELIVERY AND SHIPPING

6.1 Any delivery dates provided are estimates only. We will not be liable for delays caused by third-party couriers or Force Majeure events.

6.2 Standard delivery times and rates apply as outlined on the Website. 

6.3 Delivery is made to the physical address provided by you on the Website when you submit your Order. You are responsible for providing accurate delivery information.

6.4 Risk in and to the Goods passes to you upon handover to the Courier. The Company is not responsible for any loss, theft, or damage during delivery.   

6.5 You must inspect Goods upon receipt and notify us immediately of any visible damage arising from transportation and delivery of the Goods and/or whether the Goods are Defective in terms of clause 7.    

6.6 You will receive updates from us regarding your Order, including confirmation, processing, dispatch and information to track the Order with the relevant logistics company. Once the Goods have been dispatched, any tracking information will be provided by the relevant logistics company and any further delivery updates are provided directly by the relevant logistics company.   

6.7 You agree to indemnify and hold us harmless against any claims, damages, or liabilities arising from the transportation and delivery of the Goods by us, our employees, or our agents.

 7. ORDER CANCELLATIONS AND RETURNS 

7.1 Defective Goods 

7.1.1 The Customer shall inspect the Goods promptly upon delivery and must notify the Company in writing of any visible damage, incorrect item, or Defect within 24 (twenty-four) hours of receipt of the Goods. Such notice must be accompanied by clear photographic evidence reasonably showing the alleged defect, damage, or non-conformity and which must be submitted in writing to online@secondchanceclothing.co.za.  Failure to provide written notice and photographic evidence within 24 (twenty-four) hours shall constitute prima facie proof that no visible transit damage or immediately apparent Defect existed at the time of delivery. 

7.1.2 Where a Defect is confirmed under this clause, we will arrange and bear the full cost of the return collection or courier of the Defective Goods. You must securely package the Goods for collection and make it available within five (5) Business Days of our written collection arrangement notice.

7.1.3 We will process the agreed refund within fifteen (15) Business Days of receiving the returned Goods.

7.1.4 The Customer must provide proof that the Goods were purchased via the Second Chance Clothing website, and all returned Goods must be unworn and have original tags attached. 

7.2 Cooling-Off

7.2.1 In accordance with section 16 of the CPA and the ECTA, you have the right to cancel the purchase within five (5) Business Days of the date on which the Goods are delivered to you.

7.2.2 To exercise the cooling-off right, you must notify us in writing within the cooling-off period by sending an email to online@secondchanceclothing.co.za. Notification must include your name, order number, and a clear statement of the intention to cancel. Verbal notice is not sufficient and will not be accepted.

7.2.3 Upon valid cancellation under this clause, you must return the Goods to us (at the address listed on our Website), at your own cost, within five (5) Business Days of giving cancellation notice. The Goods must be returned in the same condition as received, unworn, unaltered, and with all original packaging and documentation included at the time of delivery.

7.2.4 Where a valid cooling-off cancellation is received and the Goods are returned in accordance with clause 7.2.3, we will issue the refund within fifteen (15) Business Days of receipt and inspection of the returned Goods, using the same payment method used by you at the time of purchase, unless otherwise agreed in writing.

7.2.5 The following Goods are expressly excluded from the cooling-off right set out in clause 7.2.1, to the extent permitted by applicable law:

7.2.5.1 Goods that have been custom-altered, repaired, or personalised at your request after purchase;

7.2.5.2 Goods sold as part of a clearly marked final-sale, clearance, or “sold as-is” promotion, provided we have drawn your attention to this exclusion before purchase; and

7.2.5.3 Goods that, for hygiene reasons, cannot be returned once unsealed or used (e.g., undergarments, swimwear).

 8. LIMITATION OF LIABILITY  

8.1 You acknowledge that all Goods sold by us are Second-Hand and sold As-Is. Accordingly, our total liability in connection with any Order shall not exceed the total price paid by you for the Goods giving rise to the claim. 

8.2 We shall not be liable for any indirect, consequential, incidental, special, or punitive losses or damages, including but not limited to loss of profit, revenue, data, business, or goodwill, arising out of or in connection with the sale, use, or condition of the Goods. 

8.3 We shall not be liable for any damage, loss, or defect occurring during delivery, as all Goods are dispatched via third-party couriers. 

8.4 Nothing in this clause shall exclude or limit any liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by gross negligence or wilful misconduct by us.  

9. FORCE MAJEURE   

We shall not be liable for failure to perform due to causes beyond its reasonable control, including natural disasters, pandemics, acts of government, strikes, or extreme weather. If such delay continues for more than 60 days, either party may terminate the affected Order without further liability.

10. ONLINE SECURITY 

We are not responsible for fake websites impersonating Second Chance Clothing, incorrect URLs used by you and/or unauthorised use of accounts or credit cards outside our control. Always confirm that you are on www.secondchanceclothing.co.za before entering personal or payment information.  

11. INTELLECTUAL PROPERTY

11.1 All intellectual property rights in and to the Website, including but not limited to all content, images, product photographs (including AI-generated or edited images where applicable), designs, text, logos, branding, layout, software, and all related materials, are owned by or licensed to Second Chance Clothing.

11.2 Nothing in these Terms of Service grants the Customer any rights in or to any intellectual property owned by Second Chance Clothing. The Customer may not copy, reproduce, distribute, modify, upload, publish, transmit, or otherwise use any content from the Website without the prior written consent of Second Chance Clothing, except for personal use, strictly necessary to view and use the Website for purchasing Goods. 

11.3 Any unauthorized use of the intellectual property of Second Chance Clothing is strictly prohibited and may result in legal action. 

12. GENERAL 

12.1 The chosen physical addresses for delivery of Goods, notices, legal documents, and other communications in relation to these Terms of Service shall be:

12.1.1 for us, the physical address as set out on the website or invoice; and 

12.1.2 for you, the physical address you provided when submitting your Order.   

12.2 It is your responsibility to ensure that the delivery address provided is complete and accurate. We will not be responsible for any failed deliveries, delays, or losses resulting from an incorrect or incomplete address.

12.3 In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.  

12.4 The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

12.5 The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

12.6 These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of South Africa.

12.7 You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

12.8 Questions about the Terms of Service should be sent to us at online@secondchanceclothing.co.za