LEGAL & PRIVACY

Privacy Policy

Tshepo Jeans (Pty) Ltd respects your privacy and is committed to processing personal information lawfully, reasonably and transparently. This notice explains what we collect, why we use it, who we share it with and the choices available to you under the Protection of Personal Information Act, 4 of 2013 (POPIA).

1. Who is responsible for your information

Tshepo Jeans (Pty) Ltd is the responsible party for personal information processed through www.tshepo.shop, our online store, customer-service channels and related marketing activities.

Company registration number: 2019/304361/07

Registered address: 64 3rd Avenue, Inanda, Johannesburg, Gauteng, 2196

Email: info@tshepojeans.co

Telephone: +27 (0)87 985 0585

Privacy and Information Officer requests should be sent to info@tshepojeans.co with 'Privacy Request' in the subject line.

2. Personal information we collect

Depending on how you interact with us, we may collect:

identity and contact details, such as your name, email address, telephone number, billing address and delivery address;

account details, login credentials and communication preferences;

order, product, delivery, return, exchange and customer-service information;

transaction and payment-related information. Payment card details are processed by payment providers and are not used by us for purposes unrelated to payment and fraud prevention;

messages, enquiries, complaints, reviews, survey responses and other content you choose to provide;

marketing preferences and information about how you interact with our emails and advertisements; and

technical and usage information, including your IP address, device and browser type, cookie identifiers, pages viewed, referring pages and approximate location derived from technical data.

3. How we collect information

We collect information directly from you when you place an order, create an account, contact us, join our mailing list, enter a promotion, submit a review or otherwise interact with us. We also collect some information automatically through cookies and similar technologies, and may receive information from payment providers, couriers, analytics and advertising partners, social platforms and fraud-prevention providers.

4. Why we process personal information

We process personal information where it is necessary to:

create and manage your account;

process payment, fulfil and deliver orders, and provide order updates;

handle returns, exchanges, refunds, enquiries and complaints;

authenticate transactions, prevent fraud and protect our customers, staff, systems and business;

operate, secure, test, analyse and improve the website, products and customer experience;

maintain business, tax, accounting and legal records;

establish, exercise or defend legal claims and comply with lawful requests; and

send marketing where you have consented or where another lawful basis permits it, subject always to your right to opt out.

5. Legal grounds for processing

We rely on one or more lawful grounds under POPIA, including your consent, performance of a contract with you, compliance with legal obligations, protection of your legitimate interests or ours, and other grounds permitted by law. Where information is required to complete an order, failure to provide it may prevent us from processing or delivering that order.

Where processing is based on consent, you may withdraw that consent at any time. Withdrawal does not affect processing that was lawful before the withdrawal.

6. Cookies, analytics and advertising

Our website uses cookies and similar technologies to keep the site working, remember preferences, understand site performance, measure campaigns and, where enabled, provide more relevant advertising.

Some cookies are necessary for shopping-cart, checkout, security and account functions. Other cookies, including analytics and advertising cookies, may be controlled through the cookie settings made available on the site or through your browser and device settings. Disabling cookies may affect some website features.

7. Direct marketing

We may send marketing by email, SMS or another electronic channel where you have consented or where POPIA otherwise permits us to contact you as an existing customer about similar products or services. Every electronic marketing message will include a reasonable way to opt out. You can also unsubscribe by contacting info@tshepojeans.co.

8. Who we share information with

We may share only the information reasonably necessary with:

website, e-commerce, hosting and cloud-service providers;

payment processors, banks and fraud-prevention providers;

warehouse, fulfilment, courier and delivery partners;

customer-service, email, SMS, analytics and advertising providers;

professional advisers, auditors and insurers;

regulators, courts, law-enforcement bodies and other authorities where disclosure is required or permitted by law; and

a buyer, investor or adviser involved in a genuine business reorganisation, merger or sale, subject to appropriate confidentiality and legal safeguards.

Service providers that process personal information for us are required to protect it and may process it only for agreed purposes and in accordance with applicable law.

9. Cross-border processing

Some technology, cloud, analytics, payment or marketing providers may process personal information outside South Africa. Where this occurs, we take reasonable steps to ensure that the recipient is subject to a law, binding agreement or other safeguard that provides an adequate level of protection as required by POPIA.

10. How long we keep information

We keep personal information only for as long as reasonably necessary for the purpose for which it was collected, to comply with tax, accounting, consumer-protection and other legal obligations, to resolve disputes and to enforce agreements. When information is no longer required, we will delete, destroy or de-identify it where reasonably practicable and lawful.

11. Security

We use appropriate and reasonable technical and organisational measures designed to protect personal information against loss, damage, unauthorised destruction, unlawful access and unlawful processing. These measures may include access controls, secure configuration, encryption in transit where appropriate, staff confidentiality obligations, vendor controls, backups and monitoring.

No internet transmission or storage system can be guaranteed to be completely secure. If a security compromise affects your personal information, we will investigate and notify the Information Regulator and affected persons where POPIA requires us to do so.

12. Your rights

Subject to POPIA and other applicable law, you may:

ask whether we hold personal information about you and request access to it;

ask us to correct or update inaccurate or incomplete information;

request deletion or destruction of information that we are no longer authorised to retain;

object to certain processing on reasonable grounds;

withdraw consent where processing is based on consent;

opt out of direct marketing; and

lodge a complaint with the Information Regulator.

To exercise a right, email info@tshepojeans.co with 'Privacy Request' in the subject line. We may need to verify your identity before giving access to or changing personal information.

13. Children and third-party sites

A person under 18 should use the store only with a parent or guardian. We do not knowingly use children's information for direct marketing without legal authorisation. Third-party sites linked from our website have their own privacy notices, which you should review before providing information.

14. Changes, complaints and contact

We may update this policy and will publish the current version with its last-updated date. Contact info@tshepojeans.co first with a concern. You may also complain through www.inforegulator.org.za, POPIAComplaints@inforegulator.org.za, 010 023 5200 or 0800 017 160.

Terms and Conditions

These Terms and Conditions govern access to www.tshepo.shop and purchases made through the online store. They should be read together with our Shipping Policy, Returns, Exchanges and Refunds Policy, and Privacy Policy. Nothing in these Terms limits any right that cannot lawfully be limited under South African law.

1. About TSHEPO

The website is owned and operated by Tshepo Jeans (Pty) Ltd, a private company registered in South Africa under registration number 2019/304361/07 and VAT number 4090287584.

Registered and legal-service address: 64 3rd Avenue, Inanda, Johannesburg, Gauteng, 2196

Website: www.tshepo.shop

Email: info@tshepojeans.co

Telephone: +27 (0)87 985 0585

2. Acceptance and legal capacity

By using the website or placing an order, you agree to these Terms. If you do not agree, do not place an order. You must have legal capacity to enter into a binding agreement. If you are under 18, you may place an order only with the involvement and consent of a parent or legal guardian.

3. Accounts and guest checkout

You may be able to shop through an account or guest checkout, depending on the options available on the website. You are responsible for providing accurate information and keeping your account credentials confidential. Notify us promptly if you suspect unauthorised use of your account.

We may suspend or close an account where reasonably necessary to address suspected fraud, unlawful conduct, security risks or a material breach of these Terms.

4. Products and availability

We aim to describe and display products accurately. Colours and details may vary slightly depending on photography, lighting, screen settings and the characteristics of handmade or washed materials. Product measurements and fit notes are guides and should be considered before purchase.

All products are subject to availability. Placing an item in your cart does not reserve it. If an item becomes unavailable after payment, we will contact you and offer an appropriate substitute where you agree, or refund the unavailable item.

5. Prices and payment

Prices are displayed in South African rand and include VAT where applicable, unless clearly stated otherwise. Delivery charges and any other applicable charges will be shown before you submit the order.

Available payment methods are displayed at checkout. Payment is processed through third-party payment providers using security measures appropriate to the transaction. We will not process or dispatch an order until cleared payment has been received.

We take reasonable care to ensure prices are correct. If an obvious pricing or description error occurs, we may reject or cancel the affected order before dispatch and refund any payment. Where reasonably possible, we will first offer you the option to proceed at the correct price.

6. Placing and accepting an order

The checkout process allows you to review your order, correct errors and withdraw before final submission. Your submitted order is an offer to buy the selected products.

An automated acknowledgement confirms that we received the order but does not necessarily mean that we have accepted it. A binding sale is concluded when we send confirmation that the order has been accepted or dispatched, whichever occurs first.

We may decline or cancel an order on reasonable grounds, including stock unavailability, an obvious error, inability to verify payment or delivery information, suspected fraud, or a legal or regulatory requirement. If we cancel after receiving payment, we will refund the amount due.

7. Delivery

Delivery times, fees, address requirements, tracking and delayed-order procedures are set out in our Shipping Policy at https://www.tshepo.shop/policies/shipping-policy. The delivery estimate confirmed at checkout or in your order communication applies to that order.

8. Cancellations, returns, exchanges and refunds

Your cancellation, cooling-off, return, exchange, faulty-goods and refund rights are set out in our Returns, Exchanges and Refunds Policy at https://www.tshepo.shop/policies/refund-policy.

The policy includes the seven-day cooling-off right applicable to eligible online goods under ECTA and the separate statutory remedies applicable to defective goods under the Consumer Protection Act.

9. Consumer guarantees

Where the Consumer Protection Act applies, goods must meet the standards and implied warranty of quality required by that Act. Within six months after delivery, goods that fail to meet those standards may be returned without penalty and at our risk and expense, and the remedies required by law will apply.

No clause in these Terms excludes or restricts a warranty, remedy, duty or liability where doing so would be unlawful.

10. Promotions, gift cards and discount codes

Promotions, gift cards and discount codes may have additional terms displayed with the offer. Unless stated otherwise, they cannot be exchanged for cash, combined with another offer or used after their stated expiry date, subject to applicable law.

We may reject a promotional code that is invalid, expired, used outside its stated conditions, obtained through misuse or affected by an obvious error. Statutory rights remain unaffected.

11. Acceptable website use

You may use the website only for lawful personal shopping and information purposes. You may not:

interfere with the operation or security of the website;

introduce malicious code or attempt unauthorised access;

use automated tools to scrape, copy or extract substantial website content without permission;

impersonate another person or provide false or fraudulent information;

use the website in a way that infringes another person's rights; or

use website content for commercial resale, reproduction or publication without written permission.

12. Intellectual property

The website, TSHEPO name and marks, product names, photographs, designs, graphics, copy, video and other content are owned by or licensed to Tshepo Jeans (Pty) Ltd and are protected by intellectual-property law. You may view and download reasonable extracts for personal, non-commercial use only. No other right or licence is granted.

13. Reviews and user content

If you submit a review, comment, image or other content, you confirm that you have the right to submit it and that it is lawful, accurate and does not infringe another person's rights. You grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce and display that content for operating and marketing TSHEPO, subject to our Privacy Policy and any permissions required by law.

We may moderate or remove unlawful, abusive, misleading, infringing or irrelevant content, but are not obliged to publish every submission.

14. Privacy

Personal information is processed in accordance with our Privacy Policy at https://www.tshepo.shop/policies/privacy-policy. By using the site, you acknowledge that you have had an opportunity to read that policy. Consent is requested separately where consent is the required legal basis.

15. Third-party services and links

The website may use or link to third-party payment, delivery, social, financing or other services. Their terms and privacy notices may apply when you use them. We are not responsible for third-party content or services outside our reasonable control, but this does not limit liability that the law places on us.

16. Website availability and accuracy

We aim to keep the website available, secure and accurate, but cannot guarantee uninterrupted access or that every non-material error will be corrected immediately. We may maintain, update or change the website from time to time.

17. Liability

To the fullest extent permitted by law, neither party will be liable for indirect or consequential loss that was not reasonably foreseeable when the agreement was concluded. This limitation does not apply to liability that cannot lawfully be excluded, including liability arising under the Consumer Protection Act or ECTA, fraud, gross negligence, wilful misconduct, death or personal injury where exclusion is prohibited, or our failure to use a sufficiently secure payment system as required by law.

18. Events beyond reasonable control

We are not responsible for delay or failure caused by events beyond our reasonable control, such as severe weather, natural disasters, civil disorder, labour disruption, transport interruption, utility failure, telecommunications or platform outages, cyber incidents not caused by our failure to take reasonable security measures, or government action. We will take reasonable steps to reduce the effect and communicate material delays.

19. Complaints and dispute resolution

Please first contact info@tshepojeans.co with your order number and a clear description of the issue so that we can try to resolve it directly.

If a consumer dispute remains unresolved, you may approach the Consumer Goods and Services Ombud at www.cgso.org.za or 0860 000 272, or lodge a complaint with the National Consumer Commission through www.thencc.org.za. You may also use any other remedy available under applicable law. Nothing in these Terms prevents either party from approaching a court or competent tribunal.

20. Governing law

These Terms and online transactions with us are governed by the laws of the Republic of South Africa. South African courts and other competent consumer bodies have jurisdiction, subject to any mandatory consumer-protection rule that applies.

21. Changes to these Terms

We may update these Terms from time to time. The version displayed when you place an order will apply to that order, unless a change is required by law or is more favourable to you. Updated Terms will be published with a revised last-updated date.

22. General

If any provision is found to be invalid or unenforceable, the remaining provisions continue to apply. A delay in enforcing a right is not a waiver of that right. These Terms and the policies linked above form the agreement governing an online order, together with the product information, price and delivery details confirmed at checkout.

23. Electronic records and notices

You may download, save or print these Terms and your order records. We may send order and legal communications electronically to the email address or mobile number supplied by you. Electronic communications are treated as received in accordance with applicable law. Our contact details appear in section 1.

24. TSHEPO Gift Card Terms & Conditions