INTRODUCTION

new.russellathletic.co.za (the Site) enables Users to shop online for Russell Athletic clothing and accessories (Goods).

LEGALLY BINDING CONTRACT

All Users, including Users who purchase any products on the Site (Buyer) are bound by these terms and conditions (T’s & C’s) and by browsing or using the Site in any way, you hereby acknowledge that you have read and accepted these T’s & C’s.

If you do not agree to these T’s & C’s, do not continue to use the Site. Your continued use of the Site will constitute acceptance of the T’s & C’s, unmodified by you.

 

  1. 1.    INTERPRETATION

1.1 For the purpose of this contract (T’s and C’s relating to the websitenew.russellathletic.co.za and the sales made through it and the fact that Bertuzzi Distribution is not the owner but the Authorised Distributor of the Russell Athletic clothing brand within Southern Africa), the website new.russellathletic.co.za henceforth will be referred to as the Site.

1.2 The definitions and rules of interpretation in this document apply in these conditions.

Bertuzzi: (The Authorised Distributor of the Russell Athletic Brand in Southern Africa) Bertuzzi Distribution CC a close corporation incorporated and registered in the Republic of South Africa with the company registration number 2010/132725/23 whose registered office is at Unit 2, Fifth Street Park, 5th Street, Montague Gardens, 7441, Cape Town, South Africa, who shall be the supplier of the Goods.

Buyer, User or You: (The Customer): The person, firm or company, who visits the Site, browses the Site and or who purchases Goods from the Site and Bertuzzi.

Contract: Any contract between Bertuzzi and the Buyer for the sale and purchase of the Goods, incorporating these conditions.

Delivery: Completion of delivery of an Order by the Buyer or its nominated agent taking physical possession of the Goods.

Delivery Date: The date on which the Order is delivered and taken possession of by the Buyer.

Delivery Point: The Buyer’s desired point of delivery or Bertuzzi’s place of business.

  • The Buyer’s desired delivery point as indicated per his/her purchase acknowledgement at time of purchases.

Or

Bertuzzi Place of Business:

  • Cape Town: Unit 2, Fifth Street Park, 5th Street, Montague Gardens, 7441.
  • Johannesburg: Unit 2, Midrand Axis Park, Cnr of Old Pretoria Road and Le Roux Avenue, 1865.

Goods or Products: Any Goods agreed in the Contract to be supplied to the Buyer by Bertuzzi (including any part or parts of them).

Order: All Electronic Orders placed by a User of the Site for Products on offer on the Site.

Purchase: A purchase agreement between a User of new.russellathletic.co.za and Bertuzzi.

Recommended Retail Price or RRP: Bertuzzi’s recommended market related price of the Goods on offer at which all Retail Chain Stores, Online Retail Stores, Small Independent Stores, Boutique Stores and new.russellathletic.co.za are advised to sell the Russell Athletic Products at. Please note that the RRP’s may change from time to time and per season.

The Site: new.russellathletic.co.za

1.3 A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.

1.4 Words in the singular include the plural and in the plural include the singular.

1.5 Condition headings do not affect the interpretation of these conditions.

 

2. APPLICATION OF TERMS

2.1 The Terms and Conditions set forth in this document can from time to time be amended by Bertuzzi’s management without prior notice to the User.

2.2 The Contract shall be on these conditions to the exclusion of all other T’s and C’s (including any T’s and C’s which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document).

2.3 These T’s and C’s apply to all Bertuzzi’s online sales through the Site and any variation to these T’s and C’s and any representations about the Goods shall have no force or effect unless expressly agreed to in writing and signed by the owner or financial manager of Bertuzzi. The Buyer acknowledges that he/she does not rely on any statement, promise or representation made or given by or on behalf of Bertuzzi which is not set out in the Contract. Nothing in these T’s and C’s shall exclude or limit Bertuzzi’s liability for fraudulent misrepresentation.

2.4 No order placed by the Buyer shall be deemed to be accepted until conformation of payment for the Order has been received and confirmed by Bertuzzi’s designated bank and Bertuzzi. The Goods remain the Property of Bertuzzi until payment has been confirmed by Bertuzzi’s designated Bank.

2.5 The Buyer shall ensure that the Terms of his/her Order and any applicable specification thereof are complete and accurate, including the delivery address.

2.6 Any quoted prices on the Site are subject to change at Bertuzzi’s absolute discretion.

3. DESCRIPTION

3.1 The quantity and description of the Goods shall be as set out in Bertuzzi’s records which shall stand as absolute proof of what Order the Buyer made. It is the Buyers responsibility to make sure that all invoices are correct and as per the Buyers Purchase Order.

3.2 All samples, drawings, descriptive matter, specifications (including sizing and colouring) and advertising issued or made available by Bertuzzi and any descriptions or illustrations contained in Bertuzzi’s catalogues, brochures and the Site are issued or published for the sole purpose of giving an approximate description of the Goods described in them. They shall not form part of the Contract.

3.3 Size, style, fabric content, specification, quantity, quality and colour should be checked by the Buyer on the receipt of the Goods at the point of Delivery.

3.4 Bertuzzi gives no warranty, express or implied, regarding the suitability of the Goods for the purpose for which Buyer has chosen them for.

3.5 The Buyer recognises that variation may occur from one dye batch to another and Bertuzzi will accept no responsibility for any such variation in colour.

3.6 The Buyer acknowledges and agrees that when a sample of the Goods has been shown to or inspected by the Buyer any consequent sale does not constitute a sale by sample.

4. PRODUCTS AND AVAILABILITY

4.1 Please note that the stock quantities of all Products on offer are limited.

4.2 Bertuzzi shall take all reasonable efforts to ensure that when stock is no longer available, that offers thereof are discontinued. However, should Bertuzzi be unable to fulfil any Order placed by the Buyer at the advertised price due to stock being sold out, Bertuzzi will notify the Buyer and the Buyer will be entitled to a refund of the amount paid by him/her for such Product.

5. PURCHASING PRODUCTS

5.1 The Site will enable Users to place electronic orders (Order) for one or more Products offered, for so long as such Products are still available andis not sold out.

5.2 A Purchase Agreement between the Buyer and Bertuzzi (Purchase) only comes into effect if the Buyer electronically submit a properly completed Order for one or more Products in the Buyer’s shopping basket and payment is either authorised by Bertuzzi or received into Bertuzzi’s bank account, subject to stock of the Product concerned being available.

5.3 Products cannot be reserved for later Purchase, and placing a Product in the Buyer’s shopping basket without completing the Purchase does not constitute an Order for, or a Purchase of, such Product. Consequently, prior to actual Purchase, Bertuzzi may remove any Product from the Buyer’s shopping basket if stock of the Product is no longer available, or if 30 minutes has elapsed. The Buyer then cannot hold Bertuzzi liable if any Product is not available when attempting to complete the Purchase at a later stage.

5.4 Please note that should the Buyer wish to Purchase a Product as a gift for someone else, the Buyer should specify the fact that the Product will be a gift where indicated when placing the Order. The Order will be deemed to be for the Buyer personally if the buyer fails to do so.

5.5 The invoice of the Buyer’s Purchase will be available online at the time the payment for the Goods have successfully been approved by Bertuzzi’s designated Bank. A copy of such an invoice will also be included with the Products when delivered, unless the Buyer have indicated that the Product is a gift (as aforesaid) in which case a gift delivery slip will be included with the Product instead.

6. PRICE

6.1 The Price for the goods sold by Bertuzzi on the Site is the Recommended Retail Price (RRP) related to the Product items available for the applicable season. However, Bertuzzi retains the absolute right to vary the price from time to time.

6.2 Bertuzzi may from time to time offer discounts on the Products offered on the Site, at which time the RRP will be crossed out and the new Sales Price payable will be visible next to it (not crossed out).

6.3 Bertuzzi’s Prices are based on seasonal changes, thus the Prices for the Goods will vary from time to time and from season to season.

6.4  DELIVERY CHARGES:

6.4.1       No Delivery Fees will be charged on any ordersto be delivered within the South African border.

6.4.2       All Order Delivery Points outside of the South African Border:

  • If the Delivery is to be made to a Delivery point outside of the South African Border then the Buyer has to arrange for his/her own Courier to collect the Order at Bertuzzi’s Head Office located at Unit 2, Fifth Street Park, 5th Street, Montague Gardens, 7441, Cape Town. Please note that the delivery charges will be for the Buyers own account.

6.5 All Prices indicated on the Site is in Rand Value Terms. If the Buyer is to pay the Price other than in South African Rand’s, the Price shall be calculated as the Rand equivalent of the published Price using the currency exchange rate of Bertuzzi’s bank which applies at the time that the Order is made. This Term applies to all sales from outside the South African Border.

7. PAYMENTOPTIONS

Bertuzzi only allows the following methods of Payment for Orders from the Site:

7.1 Credit Card

7.2 EFT (Electronic Funds Transfers)

 

7.1 PAYMENT BY CREDIT CARD:

At the time of placing the Order, the transaction details are presented to the Bank and an Authorisation is obtained for the amount of the specific Order.

  • If such an authorisation is obtained, payment is usually immediate.
  • If such an order is not obtained, the Order will be cancelled.

The Buyer warrants that he/she are fully authorised to use the credit card supplied for the purpose of paying the Order and that the credit card have sufficient available funds to cover all the costs incurred as a result of using the Service.

 

7.2 PAYMENT BY EFT:

Electronic Fund Transfer (EFT) from the Buyers Bank Account to the Bank Account of Bertuzzi is another method of completing an Online Purchase. Once the Buyer performs the checkout and select the EFT option, then an email will be sent to the Buyer with full instructions on completing the Purchase.

7.3 No Payment shall be deemed to have been received until Bertuzzi have received cleared funds and notification thereof from Bertuzzi’s designated Bank. A notification will be sent to the Buyer once the transaction has been completed.

8. DELIVERY

Bertuzzi only offers Delivery within the Republic of South Africa.

If the Delivery is to be made to a Delivery point outside of the South African Border then the Buyer has to arrange for his/her own Courier to collect the Order at Bertuzzi’s Head Office located at Unit 2, Fifth Street Park, 5th Street, Montague Gardens, 7441, Cape Town. Please note that the delivery charges will be for the Buyers own account.

 

8.1 PLACE OF DELIVERY:

The Buyer will be able to specify the point of Delivery within South Africa with each new Purchase made. With each new Purchase the specific Delivery address, relevant contact numbers and additional Delivery information has to be supplied by the Buyer during the Order Process.

The Order will be delivered to the Delivery Address specified by the Buyer during the Order Process.

8.1.1       If nobody is at the address when the Delivery is made:

  • The courier will contact the relevant telephone numbers provided by the Buyer during the Order Process.
  • Or a notice of attempted Delivery may be placed in the relevant letter box of the Buyer.

8.1.2       The courier will attempt to Deliver once more, if the Delivery is again unsuccessful:

  • It is then the Buyer’s responsibility to contact the courier company to arrange that the Order is collected at the courier company’s nearest Distribution Centre.
  • or agree on a new Delivery Date with the courier,

8.1.3       If the Buyer have not contacted the courier company within reasonable time:

  • The Package will then be sent back to Bertuzzi.
  • The Buyer will then be contacted via email for a possible Re-Delivery at the Buyers own expense.

8.1.4       If attempted contact is unsuccessful within a reasonable period of time, Bertuzzi will cancel the Order and merely refund the Buyer, the applicable cancelation Terms will apply and a 15% Administration Fee will be charged on the Buyers spend.

8.2 DELIVERY AND DELAYS:

  • The estimated lead time for the shipping and Delivery of an Order is between 3 and 10 working days.
  • Bertuzzi will notify the Buyer via email to the email address provided at time at which the Order was confirmed. The email will contain a detailed list of what and when the Order was sent.

 

8.2    PARTIAL DELIVERY:

The Partial Delivery of an Order may occur from time to time.

In the case of a Partial Delivery:

  • The Buyer will be informed by email of the intended Partial Delivery and which Goods in the Order would be dispatched at which specific Dates.
  • At every Partial Delivery a Delivery Note will be supplied summarising the Products inside the Package which is to be delivered.

8.4 DELIVERY MADE:

  • A delivery is deemed to have been completed once the Products has been handed over to and signed for by the Buyer or an individual at the chosen Delivery Address as well as by the Courier that made the Delivery. At this stage the risk and title passes over from Bertuzzi to the Buyer.
  • It is the responsibility of the Buyer, to ensure that he/she or the intended gift recipient check the Package upon Delivery. The Delivered Package may be refused if it is deemed to have been opened or there is a clear indication of damage.
  • All reservations and or claims must be sent to the relevant Courier Company and Bertuzzi via registered letters or email accompanied with a copy of the signed original Courier Delivery Note/Waybill and if possible photographic evidence.

 

8.5 NON DELIVERY – LOST PACKAGES:

  • In the unforeseen scenario of the Package being lost and neither the Courier’s Distribution Centre nor their tracking system shows any trace of the Package, the Buyer must then contact Bertuzzi at info@bertuzzi.co.za or by contacting Bertuzzi’s customer services by telephone at 021 552 2948.
  • If the Package is found, it will be sent to the specific Delivery Address. The Delivery will follow and abide to the normal Delivery Procedures as set forth in the Delivery Terms above.
  • If the Package is officially declared as being lost, Bertuzzi will notify the Buyer. The Buyer will have the options of the Products being replaced by Bertuzzi or for Bertuzzi to refund the Buyer with the value of the Order and any possible Delivery Charges incurred by the Buyer.

8.6 DELIVERIES OUTSIDE OF THE REPUBLIC OF SOUTH AFRICA:

If the Delivery Point is to be outside the Republic of South Africa:

  • The Buyer shall obtain all necessary Import Licences, Clearances and other consents necessary for the Delivery of the Goods.
  • The Buyer must comply with all applicable Laws and Regulations of the country for which the Products are destined for. Bertuzzi will not be liable for any breach by the Buyer of any such Laws.
  • The Buyer has to arrange his/her own shipping with the Collection Point being Bertuzzi’s Head Office.
  • Risk In and Responsibility for the Goods shall pass to the Buyer once the Goods have been collected by the Courier appointed to deliver the Goods, and the Buyer shall acquire and maintain the appropriate insurance for the Goods in Transit.

9. TERMINATION OF PURCHASE AND CANCELLATION OF ORDER

9.1 Time is of the essence: Cancelation of an Order by the Buyer.

  • If the Buyer cancel’s his/her Order before the Order has been dispatched for delivery, then no cancelation fee will be charged by Bertuzzi and the Buyer will receive a full refund on his/her invoice.
  • If the order was cancelled by the buyer after the Order hasbeen dispatched by Bertuzzi for delivery, then the order will have to adhere to the Cancelation and Returns policies as set out in Clause 10.

9.2 For the purpose of preventing fraud, Bertuzzi reserves the right to refuse, accept, or process payment on any Order and/or to cancel any Purchase, in whole or in part, on notice to the Buyer. Bertuzzi shall only be liable to refund moneys already paid by the Buyer in respect of the cancelled portion of the Order.

9.3 The Buyer is entitled to cancel or return any Orders or Purchases as provided for in Bertuzzi’s Returns Policy. (Clause -10)

All goods bought on the Site will only be returnable to Bertuzzi, either through an approved Courier Company or directly to Bertuzzi’s premises during work hours. No returns will be accepted, alterations made, manufacturing defaults corrected or exchanges offered at any of the chain stores, online retail stores, independent stores or boutique stores who sells the Authentic Russell Athletic Goods, and Vice Versa. (Please refer to Return Policies – Clause 10).

10. RETURNING GOODS and CANCELLATION OF ORDER

10.1 Subject to the Buyer having a right to return the Goods pursuant to these Terms, all sales are final. However, Bertuzzi does subject to the Terms of this clause, recognise that there may be occasions when it is appropriate to accept Returns from the Buyer and Bertuzzi shall, on a case bycase basis, consider doing so. For the purposes of this clause, any Goods which the Buyer wants to return shall be referred to as “Returned Goods”.

Products or Orders will not be considered for returns after 30 days from the Delivery Date (as per the Delivery Date records of the Courier Company which made the Delivery).

10.2 FREE RETURNS:

10.2.1. If the Goods Purchased by the Buyer via the Site is not defective, the Buyer is entitled to cancel the Order within 14 days after Delivery has been made (as per the Delivery Date records of the Courier Company which made the Delivery).Please note that no Courier Fees orAdministration Fees will be charged on these Returns. Refund on such returns will only be on the Sales Price Charged at the time of Purchase. Please refer to points 10.4 and 10.5 for Terms relating to the return of Non – Defective Goods.

10.2.2 If the Products Purchased by the Buyer via the Site is the Wrong Sizing chosen by the Buyer, then the Buyer is entitled to return the Order within 14 days after Delivery has been made (as per the Delivery Date records of the Courier Company which made the Delivery). Such Returns will be replaced and dispatched to the Buyer within reasonable time. If the buyer requires or wants to cancel such an order then the Refund on such returns will only be on the Sales Price Charged at the time of Purchase. Please refer to points 10.4 and 10.5 for Terms relating to the return of Defective Products.

10.2.3 If the Products Purchased by the Buyer via the Site is Defective then the Buyer is entitled to return the Order within 30 days after Delivery has been made (as per the Delivery Date records of the Courier Company which made the Delivery). Such Returns will be replaced and dispatched to the Buyer within reasonable time. If the buyer requires or wants to cancel such an order then the Refund on such returns will only be on the Sales Price Charged at the time of Purchase. Please refer to points 10.4 and 10.5 for Terms relating to the return of Defective Products.

10.2.4 If by mistake the Goods delivered are not the Goods purchased by the Buyer, the Buyer must not remove the Goods from its original packaging, nor open the packaging nor use the Goods in any way. The buyer has to promptly (within 30 days from delivery) contact Bertuzzi via Email info@bertuzzi.co.za or by phoning customer services at 021 552 2948.The Buyer can either opt for a Products Replacement or a Full Credit Refund. Refunds on such returns will only be on the Sales Price Charged at the time of Purchase.Please note that courier charges on all such Orders that are returned under these Terms will be carried by Bertuzzi. Please refer to points 10.4 and 10.5 for Terms relating to the return of wrongly delivered Products.

10.3 NORMAL RETURNS:

10.3.1 The Following Returns will be eligible for 30 day after delivery returns.

10.3.1. If the Goods Purchased by the Buyer via the Site is not defective, the Buyer is entitled to cancel the Order within 30 days after Delivery has been made (as per the Delivery Date records of the Courier Company which made the Delivery). Please note that Courier Fees and an Administration fee of 15% will be charged on these Returns. Refund on such returns will only be on the Sales Price Charged at the time of Purchase minus the 15% administration fee. Please refer to points 10.4 and 10.5 for additional Terms relating to the return of Non – Defective Goods

10.3.2 If the Products Purchased by the Buyer via the Site is the Wrong Sizing chosen by the Buyer, then the Buyer is entitled to return or Cancel the Order within 30 days after Delivery has been made (as per the Delivery Date records of the Courier Company which made the Delivery). Such Returns will be replaced and dispatched to the Buyer within reasonable time. Please note that Courier Fees will be charged on these Returns. If the order is cancelled then the Refund on such returns will only be on the Sales Price Charged at the time of Purchase minus the 15% administration fee, please note that Courier Fees will be charged on these Returns. Please refer to points 10.4 and 10.5 for Terms relating to the return of Non – Defective Goods

10.4 Bertuzzi will, in any circumstances, only accept Returns if the following conditions are met:

(a) The buyer has to promptly contact Bertuzzi via Email at info@bertuzzi.co.za or by phoning customer services at 021 552 2948, in order to notify Bertuzzi about the intent to return an Order.

(b) The Buyer shall provide the proper Invoice and Delivery Note Number in respect of the Returned Goods (The Returned Goods must be returned with copies of all the original documentation that was supplied with the Goods at the time of Delivery).

(c) Bertuzzi must have issued a valid Returns Authorisation Note in respect of the Returned Goods.

(d) Bertuzzi will first inspect the Returned Goods and a Credit Note will be issued on the findings and reports from the Quality Department. Credit Notes will be issued within 5 working days from the date the returned Return was received. Credit will be refunded on Credit Note only and at the end of the relevant trading week after the Credit has been approved.

(e) The Returned Goods must not have been worn or washed and must be returned with its original swing tickets and in its original packaging if issued in packaging.

(f)  Bertuzzi reserve the right to refuse Returned Goods should Bertuzzi deem them to be unsuitable for resale; such Goods will be returned to the Buyer on his/her own expense.

10.5 The following Goods will not be eligible to be returned pursuant to this clause:

(a) Any Products with damage caused by exposure to different climatic or atmospheric elements.
(b) Underwear.
(c) Consumables (as defined from time to time by Bertuzzi).
(d) Any Goods which Bertuzzi does not carry as core stock (as defined by Bertuzzi from time to time).
(e) Any Goods which have been branded, relabelled or any other changes that have been made to the products by the Buyer. Returned products will not be accepted if the labels are damaged in any form or way.
(f) Any Goods which have been in the possession of the Buyer for more than 30 days after the original Delivery Date of the Order, as per the records of the Courier Company.

 

10.5 ARRANGING RETURNS:

If the Buyer wants to return any Products that were purchased from Bertuzzi for any reason permitted under these Returns Policies, the Buyer must in all instances first notify Bertuzzi thereof and inform Bertuzzi of the reason for the Returns by contacting Bertuzzi either by:

  • Emailing Customer Services at info@bertuzzi.co.za
  • Telephoning Customer Services at: 021 552 2948

Once the Buyer successfully logged his/her return with Bertuzzi, Bertuzzi will then issue the Buyer with a Returns Authorisation Number (RA Number). The RA Number will be linked to the Buyer’s Returns Note and must be indicated as a reference on the Courier’s Waybill. The Buyer has to make sure that the Products collected by the Courier are packed according the following specifications.

  • The Products has to be properly protected.
  • The Products has to be returned in its original Packaging together with all its relevant swing tags.
  • The Products has to be in perfect condition in order to be resold (i.e. it must not be damaged, scratched, soiled, etc.)
  • All the relevant Return Forms are completed correctly by the Buyer.
  • Copies of the Original Invoices, Delivery Notes have to be present when returned.
  • The correct RA Number has to reflect on the Courier’s Collection Slip/Waybill

Please note that Bertuzzi will not accept the Return of any Products which have not gone through above mentioned processes. Products that are returned without a valid RA Number will not be accepted and will be returned to the Buyer at his/her own expense.

 

11. REFUNDS

  • Should the Buyer be entitled to a refund for any reason, such a refund shall be made to the Buyer via an EFT payment from Bertuzzi’s Bank account to the designated bank account of the Buyer.
  • The Bank account details of the Buyer will be requested at such time at which the Credit Note has been issued to the Buyer for the Goods returned, such a request will only be via Email correspondence. A person from Bertuzzi’s Accounts department will contact the Buyer telephonically to notify the buyer and to authenticate such an email.

12. TAX

12.1 The price for the Goods and all other charges shall be inclusive of any Value Added Tax. (Applicable to all Purchases and Deliveries made within the borders of the Republic of South Africa)

12.2 If the Buyer is from outside of the Republic of South Africa and orders Goods for delivery outside the Republic of South Africa, then Value Added Tax will not be charged on Goods purchased.

12.3 If the Buyer orders Goods for delivery outside the Republic of South Africa, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. The Buyer will be responsible for payment of any such import duties and taxes.

13. QUALITY

Upon written request from the Buyer, Bertuzzi shall endeavour, but shall not be obliged to, transfer to the Buyer the benefit of any warranty or guarantee given to Bertuzzi by the manufacturer but only insofar as any such warranty or guarantee has been given to Bertuzzi.

14. LIMITATION OF LIABILITY

14.1 The following provisions set out the entire financial liability of Bertuzzi (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of:

(a) Any breach of these conditions.
(b) Any use made or resale by the Buyer of any of the Goods, or of any product incorporating any of the Goods.
(c) Any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.

14.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.

14.3 Nothing in these conditions excludes or limits the liability of Bertuzzi:

(a) For death or personal injury caused by Bertuzzi’s negligence; or
(b) under the Consumer Protection Act, No. 68 of 2008 (or CPA)
(c) for any matter which it would be illegal for Bertuzzi to exclude or attempt to exclude its liability; or

14.4 Subject to condition 14.2 and condition 14.3:

(a) Bertuzzi’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to, at Bertuzzi’s sole election, either:
(i) repairing or replacing the Goods (or appropriate part thereof) or provided that, if Bertuzzi so requests, the Buyer shall, at the Buyer’s expense, return the Goods or the part of such Goods which are being replaced to Bertuzzi; or
(ii) the price paid for the Goods.
(b) Bertuzzi shall not be liable to the Buyer for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.

14.5 Bertuzzi shall not be liable for any loss unless advised of the alleged reason for the loss occurring in writing by the Buyer within twenty-eight days of the Delivery Date. Bertuzzi shall in any event be discharged from all liability whatsoever and howsoever arising in respect to this agreement unless proceedings are brought within one year of the Delivery Date.

14.6 Bertuzzi shall not be liable for a breach of contract in respect of the Goods or any matters relating to them insofar as:

(a) the Buyer makes any further use of such Goods after giving such notice; or
(b) the defect arises because the Buyer failed to follow Bertuzzi’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice; or
(c) the Buyer alters or repairs such Goods without the written consent of Bertuzzi;
(d) the Buyer is responsible for causing the problem, whatever it may be.

14.7 The Buyer recognises that the level of risk taken on by Bertuzzi is directly related to the price being charged for the Goods. If the Buyer wanted Bertuzzi to accept more risk in respect of the Goods, the Buyer acknowledges that an increase in the price of the Goods would be required.

15. FORCE MAJEURE
Bertuzzi reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of Bertuzzi including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 180 days, the Buyer shall be entitled to give notice in writing to Bertuzzi to terminate the Contract.

16. GENERAL

16.1 Each right or remedy of Bertuzzi under the Contract is without prejudice to any other right or remedy of Bertuzzi whether under the Contract or not.

16.2 If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.

16.3 Failure or delay by Bertuzzi in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.

16.4 Bertuzzi does, and may, from time to time monitor or record telephone calls between it and the Buyer (or a prospective buyer).

16.5 Any waiver by Bertuzzi of any breach of, or any default under, any provision of the Contract by the Buyer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.

16.6 The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by the Laws governing South Africa and the parties submit to the exclusive jurisdiction of the South African courts.

ALL TRANSACTIONS ARE SUBJECT TO THE COMPANY’S FULL TERMS AND CONDITIONS OF SALE. PLEASE REFER TO OUR WEBSITE OR CONTACT CUSTOMER SERVICES AT 021 552 2948 FOR THE LATEST TERMS AND CONDITIONS.

MISTAKES ARE POSSIBLE: All goods should be checked upon receipt, as worn, printed, embroidered, quantity, washed or otherwise processed goods cannot be returned.

PLEASE NOTE: We always recommend that all goods within this Catalogue/Site are checked for their suitability of purpose to any application process, including wearer trials. Any alterations to goods will deem them unreturnable.

ALL COLOURS AND SIZES DETAILED OR ILLUSTRATED IN THIS BROCHURE ARE FOR GUIDANCE ONLY

Some colour icons are not a true representation of their appearance. Grey Marl, Ash, Denim, Washed and Vintage are examples of colours/styling that cannot be accurately displayed. In the event confusion occurs with colour icons, Bertuzzi will not be held responsible for any losses incurred. We always recommend samples of garments are obtained in advance of orders being placed.