1. Terms of Use

1.1. Welcome to our website. By accessing or using this site, you agree to be bound by these terms and conditions. If you do not agree, please do not use this website.

1.2. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes to its latest revision. By accessing this website or purchasing any of the products, you are agreeing to these Terms and Conditions. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

1.3. It is your responsibility to read and understand the clauses referred to. You agree that we are not liable for any loss you may suffer due to your use of this website or the products.

1.4. Use of and access to this website and your use and purchase of products is at all times governed by the terms and conditions set out on this website. By accessing this website or purchasing a product, you agree to adhere to the requirements thereof.

2. Intellectual Property

2.1. All content on this site, including text, images, design, logos, and videos, is owned by NAMSO CLOTHING and protected by copyright and other intellectual property laws of South Africa.

2.2. The contents of this website are intended solely for personal, non-commercial use. No other use of the website content is permitted without the prior written consent of NAMSO CLOTHING. You agree not to modify, copy, distribute, transmit, display, reproduce, publish, license, create derivate works from, transfer, reuse to promote, or sell any information from this website.

2.3. NAMSO CLOTHING reserves the right to revise these intellectual property terms and conditions at any time without prior notice by updating this posting.

2.4. By using this site, you agree to be bound by these intellectual property terms and if you do not agree please exit the website.

3. User Conduct

3.1. You agree to use this site only for lawful purposes in accordance with these terms and all applicable laws of South Africa.

3.2. Prohibited conduct includes hacking, distributing malware, infringing intellectual property rights, or engaging in fraudulent activities.

4. Privacy Policy

4.1. Our Privacy Policy, which is incorporated into these terms, explains how we collect, use, and protect any personal information you provide.

4.2. Our Privacy Policy is incorporated into and forms part of these Terms of Use.

4.3. The Privacy Policy explains how we collect, use, and protect any personal information you provide when using this website. By accepting these Terms, you acknowledge and agree to the practices described in our Privacy Policy, including:

• The types of personal information we collect from you
• How we use that information to provide our products and services.
• With whom we may share or disclose your personal data.
• The security measures we take to protect your information
• Your rights regarding access, correction, and deletion of your data

4.4. Our Privacy Policy may be updated from time to time. The current version is always available on our website. You should review the Privacy Policy regularly to stay informed of any changes.

4.5. If you do not agree with the data handling practices described in the Privacy Policy, you should not use this website or provide us with any of your personal information.

5. Customer Accounts

5.1. Your account must be created with complete and accurate information.

5.2. You are responsible for maintaining your account credentials confidential and all activity under your account.

5.3. We reserve the right to terminate or suspend your account at any time if we believe you have violated these terms of use.

6. Pricing & Taxes

6.1. All pricing on this website is stated in South African Rand and includes VAT as per South African tax laws.

6.2. Additional duties or taxes may apply for orders shipped internationally.

6.3. For businesses requiring a VAT invoice contact orders@namsoonline.com with your order and contact details in full.

7. Product Descriptions

7.1. We strive to display accurate product descriptions and images, however there may be slight variations in actual products received in terms of materials, sizing, colours, etc.

7.2. We cannot guarantee 100% accuracy due to potential variations in manufacturing and bulk orders.

7.3. All products are subject to availability.

7.4. In the event of any inaccuracies or errors in the product information, NAMSO CLOTHING reserves the right to modify or discontinue any product/good at any time.

7.5. NAMSO CLOTHING reserves the right to revoke any stated offer and correct any errors, inaccuracies or omissions (including after an order has been submitted).

7.6. Defective Goods Definition: Goods shall be considered defective if they have a flaw, imperfection or broken that renders them unfit for their ordinary purpose. However, minor cosmetic flaws or deviations that are consistent with reasonable wholesale/bulk production are not considered defective.

7.7. Non-Conforming Goods: Goods shall be considered non-conforming if they do not materially conform to the product specifications, attributes or details provided in the order confirmation. This includes significant errors in size, colour, style, or quantity ordered. However, minor deviations that are consistent with reasonable wholesale/bulk production are not considered non-conforming.

8. Wholesale

8.1. We design and manufacture some of our own products and some exclusive designs are manufactured internationally, bear in mind these companies are personally vetted so you can be sure you will be providing your customers with unique styles that offer high quality, modesty, and functionality. However, it is possible that bulk goods supplied sometimes present itself differently.

8.2. We operate on a First In First Out (FIFO) method to reduce the possibility of any variation in the price of products, batch colour, material roll density used, quality produced by machineability etc. so that customers are being supplied with a consistent quality product.

8.3. NAMSO CLOTHING does quality control stock once it arrives and strives to provide the most accurate description of goods as far as reasonably possible.

9. Returns, Exchanges & Refunds

9.1. Wholesale

9.1.1. For wholesale orders, all sales are final and no returns/exchanges will be permitted. Exchanges will be permitted for goods that are deemed defective or if we sent you the wrong order.

9.1.2. You must contact us first before returning an item. To log an exchange, please contact us at orders@namsoonline.com within 3 days of receiving your order.

9.1.3. To be eligible for a return/exchange, your item must be unused and in the same condition that you received it. It must also be in the original packaging.  Please ship the item with packaging material that will help avoid any damage to it.  Please include a copy of your Exchange Authorization Number (EAN).

9.1.4. If you are eligible for an exchange, the customer is responsible for the cost of return shipping, unless we sent you the wrong order.

9.1.5. Please note that delivery fees are not refundable unless we send you the wrong order.

9.1.6. NAMSO CLOTHING is not responsible for items damaged while being returned to us.

9.1.7. We reserve the right to determine what constitutes a minor vs. major defect. As a general guideline, minor defects could include:

• • Slight variations in material textures or colours within the same product
  • Minor scratches, scuffs or blemishes that do not impact wearability or wash out
  • Immaterial deviations from represented sizing or measurements.

9.1.8. These are typical of bulk manufacturing and do not justify return unless the defect significantly impacts the product’s usability or saleability.

9.2. Retail

9.2.1. Returns are allowed for goods where the goods are deemed defective or if we sent you the wrong order.

9.2.2. To log a return, please contact us at orders@namsoonline.com within 3 days of receiving your order. The customer must obtain a Return Authorization Number (RAN) prior to returning any products.

9.2.3. The goods being returned must be dispatched by the customer within 3 days of receiving the item Return Authorization Number (RAN) or EAN for a refund/exchange to be considered eligible. Failure to do so may result in denial of a return or exchange.

9.2.4. We have a 3-day exchange policy, meaning you have 3 days from receiving your item to request an exchange. We will happily exchange an item for another which is of the same or greater value, the customer is to pay the difference if any.

To be eligible for an exchange, your item must be unused and in the same condition that you received it. It must also be in the original packaging.  Please ship the item with the packaging material it came with to avoid any damage to it.  Please include a copy of your Exchange Authorisation Number (EAN).

9.2.5. If you are eligible for a return/exchange, the customer is responsible for the cost of return shipping, unless we sent you the wrong order.

9.2.6. NAMSO CLOTHING should also be informed at orders@namsoonline.com and provided with the necessary tracking details of the products being returned.

9.2.7. Goods that are not defective or match order specifications are not eligible for refunds.

9.2.8. To qualify for a return/ exchange, the item must be unworn, unwashed, and in original packaging to be accepted.

9.2.9. We reserve the right to refuse a return or exchange if the item shows signs of wear, use, or is not in re-sellable condition and the customer is responsible for return shipping costs.

9.2.10. Returned goods that are eligible for a refund will be refunded to the customers original payment method accordingly, excluding any shipping charges. The customer will also be notified.

9.2.11. Gifts, Gift Vouchers, Sale and Outlet store items as well as fezzes, hijab and tasbihs are not eligible for return/exchange or refund.

9.2.12. Gifts that have product size variances only are eligible for exchange only within 7 days from the delivery date. See 9.2.2 – 9.2.10.

9.2.13. Thobes and Abayas are eligible for exchange.

10. Size Charts & Fit Guides

10.1. For clothing we provide a size chart and fit guidance to assist you. However, sizing can vary between manufacturers and we cannot guarantee a perfect fit.

10.2. We will try to guide you to the correct information as far as reasonably practicable.

11.  Orders

11.1. By placing an order, you represent that all order details are true and accurate.

11.2. A sale agreement between NAMSO CLOTHING and a customer is only valid once payment has been made and we receive proof of payment. Up until this point all goods remain the property of NAMSO CLOTHING.

11.3. Once payment is made, it is deemed that the customer has read and understood these Terms and Conditions. Purchases should not be made through this website if these Terms and Conditions are not understood and agreed upon.

11.4. We reserve the right to refuse or cancel any order at our discretion.

11.5. In the rare event that NAMSO CLOTHING is unable to fulfil any order because the product is out of stock, NAMSO CLOTHING will inform the customer prior to shipment and the customer will have the option of receiving a refund for the Rand value or be able to substitute for another item.

11.6. Orders are processed Monday–Friday, except for national holidays. Be aware that orders may experience longer processing and delivery times during holidays.

11.7. Orders can’t be delivered to PO boxes, re-shippers or package-forwarding services.

12. Payments

12.1. We utilise and accept various secure payment methods as displayed on the checkout page in compliance with South African payment regulations to ensure payments are processed securely.

12.2. Your payment method will be charged upon order acceptance.

12.3. If the customer pays using the website, then the customer authorises NAMSO CLOTHING and certain third-party service providers, to receive, store and encrypt your payment information.

12.4. We are not responsible for any unauthorized access to or loss of your data or payment information.

13. Shipping

13.1. Shipping fees are calculated based on the size, weight, and destination of your order. The applicable shipping charge will be displayed during checkout before you place your order.

13.2. All delivery timeframes provided are estimates only and may be subject to delays beyond our control. We rely on the courier service’s delivery estimates, which can be impacted by factors such as:

• Product availability at our warehouse
• Your location and courier service coverage area
• Events or circumstances affecting the courier service’s operations.

13.3. We are not responsible for any delays in the actual delivery of your order but will try our best to ensure a seamless process.

13.4. If an item is damaged or missing from your shipment, you must notify us within 24 hours of delivery. Provide detailed photos and a description of the issue, and we will work with the courier service to resolve it.

13.5. The customer is responsible for making sure the address and contact details they provide at the time of sale is accurate and complete, including all necessary information (including apartment or unit number and access codes, contact numbers) for the shipment to be successfully delivered by the shipping company.

13.6. If the customer does not provide the accurate and complete delivery details and the shipment cannot be delivered or is returned, the customer will be responsible for paying the shipping fees to re-ship the goods.

13.7. Subject to stock availability with suppliers and receipt of payment, Orders will be processed within 7 (seven) working days and handed over to a courier company for delivery. A delivery fee applies to orders.

13.8. We aim to process and ship orders within the specified timeframes; however, we cannot guarantee delivery dates and are not responsible for any delays caused by the shipping carrier or other unforeseen circumstances.

13.9. The customer will be notified if the ordered goods cannot be shipped to your location due to local regulations or any carrier policies.

13.10. Once the product has been purchased and delivered to the customer, ownership and risk in the use of the product belongs to the customer.

14.  Disclaimers & Limitation of Liability

14.1.    Use of Website at Your Own Risk

14.1.1 Your use of this website and any products or services offered is solely at your own risk. NAMSO CLOTHING makes no warranties or representations of any kind, express or implied, as to the operation or content of this website.

14.1.2. NAMSO CLOTHING disclaims all warranties, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that this website will be uninterrupted, error-free, or free of viruses or other harmful components.

14.1.3. We make no warranty regarding the accuracy, timeliness, or completeness of any information provided.

14.1.4. In no event shall NAMSO CLOTHING, its officers, directors, employees, or affiliates, be liable for any direct, indirect, special, incidental, or consequential damages of any kind related to:

• • Your use of or inability to use this website
  • Any products or services purchased through this site
  • Any errors or omissions in the website content
  • Unauthorized access or alterations to your account

14.2.    Limitation of Liability

14.2.1. You agree that NAMSO CLOTHING shall not be liable for any amount or cause, and that using this website is entirely at your own risk without recourse.

14.3.    Indemnification

14.3.1. You agree to defend, indemnify and hold harmless NAMSO CLOTHING from any and all claims, damages, liabilities, costs, and expenses arising from your use of this website or violation of these terms.

14.4. This limitation of liability and indemnification shall apply to the fullest extent permitted by the laws of South Africa, and shall survive any termination or expiration of these terms.

14.5. By using this website, you expressly acknowledge and agree to these disclaimers and limitations of liability. If you do not agree, please do not access or use this site.

15.  Dispute Resolution

15.1. Any disputes arising from these terms or use of this site shall be resolved through binding arbitration under South African arbitration laws.

15.2. By using this site, you agree to these terms governed by South African laws. We reserve the right to update them at any time by posting the revised version on this site.

7 November 2024