Terms of service
Terms of Service
This website is operated by Sophie Cape Boutique. Throughout the site, the terms “we”, “us” and “our” refer to Sophie Cape Boutique. Sophie Cape Boutique offers this website, including all information, tools, products and services available from this site, to you, the user, subject to your acceptance of all terms, conditions, policies and notices stated here.
By visiting our website and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Service, including any additional terms, conditions and policies referenced herein or available by hyperlink. These Terms of Service apply to all users of the website, including browsers, customers, merchants, vendors and content contributors.
Please read these Terms of Service carefully before accessing or using our website. If you do not agree to all the terms and conditions of this agreement, you should not access the website or use our services.
Any new features, products or tools added to the current store will also be subject to these Terms of Service. You can review the most current version of the Terms of Service on this page at any time. We reserve the right to update, change or replace any part of these Terms of Service by posting updates to our website.
Section 1 — Online Store Terms
By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your jurisdiction, or that you have given us permission to allow your minor dependants to use this site.
You may not use our products or services for any illegal or unauthorised purpose, nor may you violate any applicable laws while using our website or Service.
You must not transmit any viruses, malware, worms or destructive code.
A breach or violation of any of these Terms may result in the immediate termination of your access to our Service.
Section 2 — General Conditions
We reserve the right to refuse service to anyone for any reason at any time, where permitted by law.
You understand that your content, excluding payment information, may be transferred unencrypted and may involve transmissions over various networks or changes to conform to technical requirements of connecting networks or devices. Payment information is handled securely through trusted payment providers.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, access to the Service, or any contact on the website through which the Service is provided, without our express written permission.
The headings used in this agreement are included for convenience only and do not limit or affect these Terms.
Section 3 — Accuracy, Completeness and Timeliness of Information
We aim to provide accurate and up-to-date information on our website. However, we do not guarantee that all information made available on this site is always accurate, complete or current.
The material on this website is provided for general information and shopping purposes only. Any reliance on the material on this site is at your own risk.
We reserve the right to modify the contents of this site at any time, but we are not obligated to update any information except where required by law. You agree that it is your responsibility to monitor changes to our site.
Section 4 — Changes to Services and Prices
Prices for our products are subject to change without notice.
We reserve the right to modify, suspend or discontinue any product, service or content at any time without notice.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service, except where liability cannot be excluded under applicable law.
Section 5 — Products and Services
Certain products may be available exclusively online through our website. These products may have limited quantities and are subject to our returns and refund policy.
We make reasonable efforts to display product colours, images, descriptions and details as accurately as possible. However, we cannot guarantee that your device’s display of colours will be completely accurate.
We reserve the right, but are not obligated, to limit the sale of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
We reserve the right to limit the quantities of any products we offer. Product descriptions and pricing are subject to change at any time without notice, at our sole discretion.
We reserve the right to discontinue any product at any time.
Any offer for any product or service made on this site is void where prohibited.
We do not guarantee that the quality of any products, services, information or other material purchased or obtained by you will meet every expectation, although this does not limit any rights you may have under applicable South African consumer protection laws.
Section 6 — Shipping, Delivery, Duties and Taxes
Products may be shipped directly to customers from local or international suppliers, warehouses or fulfilment partners. Depending on the destination, shipment may be handled by different carriers and delivery times may vary.
Prices are displayed in South African Rand (ZAR), unless stated otherwise.
Where applicable, taxes, customs duties, import charges, handling fees or other charges may be imposed by the relevant authorities or service providers. If any such charges are not collected at checkout, they may be the responsibility of the customer.
Delivery times shown on our website are estimates only. While we aim to deliver orders within the estimated timeframe, delays may occur due to customs, carrier delays, public holidays, high order volume, weather, supplier delays or circumstances outside our control.
Section 7 — Accuracy of Billing and Account Information
We reserve the right to refuse any order placed with us, subject to applicable law.
We may, at our discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed under the same customer account, payment method, billing address or shipping address.
If we change or cancel an order, we may attempt to notify you using the email address, billing address or phone number provided at the time the order was placed.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and contact information, including your email address and payment details, so that we can complete your transactions and contact you where necessary.
Section 8 — Optional Tools
We may provide access to third-party tools that we do not monitor, control or manage.
You acknowledge and agree that we provide access to such tools “as is” and “as available”, without warranties, representations or conditions of any kind, except where required by law.
Any use of optional third-party tools offered through the website is entirely at your own risk and discretion. You should ensure that you understand and agree to the terms provided by the relevant third-party provider.
Section 9 — Third-Party Links
Certain content, products or services available through our Service may include materials from third parties.
Third-party links on this site may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating the content, accuracy, policies or practices of third-party websites.
We are not liable for harm or damages related to the purchase or use of goods, services, resources, content or any other transactions made in connection with third-party websites, except where liability cannot be excluded under applicable law.
Please review the policies and practices of any third party carefully before engaging in any transaction.
Section 10 — Comments, Feedback and Other Submissions
If you send us creative ideas, suggestions, proposals, reviews, feedback or other materials, whether online, by email, by postal mail or otherwise, you agree that we may use, edit, copy, publish, distribute, translate and otherwise use such submissions in any medium, where permitted by law.
We are under no obligation to maintain any comments in confidence, pay compensation for comments, or respond to comments.
We may, but are not obligated to, monitor, edit or remove content that we determine to be unlawful, offensive, threatening, defamatory, obscene, misleading, abusive or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Service.
You agree that your comments will not violate any rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights.
You are solely responsible for any comments you make and their accuracy.
Section 11 — Personal Information
Your submission of personal information through the store is governed by our Privacy Policy.
Please review our Privacy Policy to understand how we collect, use, store and protect your personal information.
Section 12 — Errors, Inaccuracies and Omissions
Occasionally there may be information on our website or in the Service that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, delivery times or availability.
We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the website or in the Service is inaccurate at any time, including after you have submitted your order.
Where required by applicable consumer protection laws, we will handle pricing, product, order or fulfilment errors in accordance with those laws.
Section 13 — Prohibited Uses
In addition to other prohibitions set out in these Terms of Service, you are prohibited from using the site or its content:
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for any unlawful purpose;
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to solicit others to perform or participate in unlawful acts;
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to violate any applicable laws, regulations or rules;
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to infringe upon our intellectual property rights or the intellectual property rights of others;
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to harass, abuse, insult, harm, defame, slander, intimidate or discriminate;
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to submit false or misleading information;
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to upload or transmit viruses, malware or malicious code;
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to collect or track the personal information of others;
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to spam, phish, pharm, pretext, spider, crawl or scrape;
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for any obscene or immoral purpose;
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to interfere with or circumvent the security features of the Service or any related website.
We reserve the right to terminate your use of the Service for violating any prohibited uses.
Section 14 — Disclaimer of Warranties and Limitation of Liability
Nothing in these Terms of Service is intended to limit, exclude or replace any rights you may have under applicable South African consumer protection laws, including rights that cannot legally be excluded.
We do not guarantee that your use of our Service will be uninterrupted, timely, secure or error-free.
You agree that from time to time we may remove the Service for indefinite periods or cancel the Service at any time without notice.
To the maximum extent permitted by law, the Service and all products and services delivered through the Service are provided “as is” and “as available”, except as expressly stated by us or required by applicable law.
To the maximum extent permitted by law, Sophie Cape Boutique, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers and licensors shall not be liable for any direct, indirect, incidental, punitive, special or consequential damages, including lost profits, lost revenue, lost savings, loss of data, replacement costs or similar damages arising from your use of the Service or any products purchased through the Service.
Where applicable law does not allow the exclusion or limitation of liability, our liability shall be limited to the maximum extent permitted by law.
Section 15 — Indemnification
You agree to indemnify, defend and hold harmless Sophie Cape Boutique and our affiliates, partners, officers, directors, agents, contractors, suppliers, service providers and employees from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of these Terms of Service, your violation of any law, or your violation of the rights of a third party.
Section 16 — Severability
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall still be enforceable to the fullest extent permitted by applicable law.
The unenforceable portion shall be deemed severed from these Terms of Service, and such determination shall not affect the validity and enforceability of the remaining provisions.
Section 17 — Termination
The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement.
These Terms of Service remain effective unless and until terminated by either you or us.
You may terminate these Terms by ceasing to use our website and services.
If we believe that you have failed to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice and may deny you access to our Services, subject to applicable law.
Section 18 — Entire Agreement
These Terms of Service, together with any policies or operating rules posted by us on this website, constitute the entire agreement between you and Sophie Cape Boutique regarding your use of the Service.
They supersede any prior or contemporaneous agreements, communications or proposals, whether oral or written, between you and us.
Any failure by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
Section 19 — Governing Law
These Terms of Service and any separate agreements under which we provide services to you shall be governed by and interpreted in accordance with the laws of South Africa, unless otherwise required by applicable law.
Section 20 — Changes to Terms of Service
You can review the most current version of these Terms of Service at any time on 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.
Your continued use of or access to our website or the Service following the posting of any changes constitutes acceptance of those changes.
Section 21 — Contact Information
Questions about these Terms of Service should be sent to us at: