TERMS & CONDITIONS

Terms and Conditions of Sale

Please read these terms and conditions before purchasing any Troy Lee Designs products on this website. By making a purchase, you agree to be bound by these terms and conditions.

  1. Your Account

1.1. It is important to provide correct and complete details during registration. Please inform us immediately of any changes to the information provided.

1.2. This website sells products only to individuals who can make purchases with a credit card or debit card. If you are under sixteen (16) years old, you may only use the website with the permission and supervision of a parent or guardian.

1.3. Troy Lee Designs reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at its discretion. If we cancel an order, there will be no charge to you.

  1. Privacy

2.1. Please review our Privacy Policy to understand how Troy Lee Designs uses the information gathered when you visit our website.

  1. Our Contract

3.1. When you place an order to purchase a product from the website, we will send you an email confirming receipt and containing order details. Your order represents an offer to us to purchase a product, which is accepted when we send an email confirming that we have accepted the order (the "order confirmation email"). Acceptance of your order is complete when we send the order confirmation email to you. A legally binding contract with Troy Lee Designs is established when you place an order, it is accepted by us, and we send you the confirmation email that the order is ready to ship.

3.2. Troy Lee Designs retains the title to the products until full payment has been made by you and received by Troy Lee Designs.

3.3. Troy Lee Designs reserves the right to hold any orders for shipping for security review. We only deliver products to the locations within South Africa listed on the website. If an order is placed for a delivery to a location where we do not deliver, the order will be canceled, and a refund will be processed.

  1. Deliveries

4.1. We will make every effort to deliver all products ordered within the specified time period mentioned in your order confirmation email. Please refer to our delivery details and charges (if applicable) on this page.

4.2. All products purchased from the website are subject to a shipment contract. This means that the risk of loss for such products passes to you upon delivery to the carrier. If you have received the order confirmation email but your products have not arrived within the specified time, please contact us, and we will assist you. During exceptionally busy periods (e.g., Christmas, AFTER LOCKDOWN, Black Friday) or inclement weather, please allow an additional day before raising a query.

4.3. If your order has not been received within the specified timescales mentioned below, please first check with dedicated courier to see if they are holding your parcel. If they do not have your products, please contact us, and we will assist you.

4.4. Orders over 16kg may incur additional costs depending on the delivery area. We will provide you with a quote before delivery.

  1. Returns

5.1. You may only return Troy Lee Designs products purchased directly through this website. Troy Lee Designs products purchased at a retail store or from other websites must be returned to the original store or site from which they were purchased.

5.2. If you are not satisfied with your Troy Lee Designs products, please follow our delivery, returns, exchanges, and repairs policy to initiate an exchange or refund. Troy Lee Designs reserves the right to reject returns that do not comply with this policy. In such cases, you may be required to pay the delivery charges to return the goods back to you. Our returns policy does not affect your statutory rights.

  1. Return or Exchange

6.1. You may exchange or return new, unworn, or unused products within 7 days of the shipment date. Troy Lee Designs offers South African customers the option of a free exchange if the item is priced the same or lower than the one originally purchased on your order.

6.2. Please note: Your right to exchange or return products is separate from your statutory right to cancel your order under the distance selling regulations (see below).

  1. Delivery Costs

7.1. If you are returning goods for exchange or return, you are responsible for the cost of returning the item to us.

7.2. We will not refund the original delivery charge in the case of exchanges or returns.

7.3. Please note: You will only be reimbursed the original delivery charge if you exercise your statutory right to cancel within 7 working days. This period begins after the day of receipt of the goods under the distance selling regulations (see statutory right to cancel below).

7.4. In the case of returns, you will only be refunded the value of the goods ordered.

7.5. We will only pay the return costs and subsequent re-delivery costs (if applicable) if the return is a result of our error or if the goods are faulty.

7.6. This returns procedure does not affect your statutory right to cancel or any of your other statutory rights.

  1. Statutory Right to Cancel

8.1. In addition to our returns or exchange procedure, South African customers have seven (7) working days (beginning the day after receipt of the goods) to cancel a purchase order under the distance selling regulations.

8.2. These legal rights do not apply to non-South African customers.

  1. Conclusion of Sales and Availability of Stock

9.1. Registered users may place orders for Goods from Troy Lee Designs. Troy Lee Designs may accept or reject the order based on the availability of Goods and the accuracy of the information related to the Goods (including the price) and receipt of payment or payment authorization.

9.2. NOTE: Troy Lee Designs will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them. Only at that point will an agreement of sale between you and Troy Lee Designs come into effect (the "Sale"). This is regardless of any communication from Troy Lee Designs stating that your order or payment has been confirmed. Troy Lee Designs will indicate the rejection of your order by canceling it and refunding you for any amount already paid as soon as possible.

9.3. Refunds are handled by a third-party payment gateway, and they may take up to 10 working days. Troy Lee Designs is not liable for delays in refunds as they are subject to third-party payment gateways and bank processes.

9.4. You may cancel an order at any time before delivery or collection of the Goods, provided you do so before receiving a dispatch or delivery notice. After delivery or collection of the Goods, you may cancel the Sale only in accordance with the Returns Policy.

9.5. Placing Goods in a wishlist or shopping basket without completing the purchase cycle does not constitute an order for such Goods. Therefore, Goods may be removed from the shopping basket if stock is no longer available or if the price changes without notice. Troy Lee Designs cannot be held liable if such Goods are unavailable or available at a different price when you complete the purchase cycle at a later stage.

9.6. You acknowledge that the stock of all Goods offered is limited, and pricing may change without notice. Troy Lee Designs will make reasonable efforts to monitor stock levels and discontinue offers for Goods that are no longer available on the website. However, we cannot guarantee the availability of stock. If Goods are no longer available after placing an order, Troy Lee Designs will notify you, and you will be entitled to a refund for the amount paid.

9.7. Troy Lee Designs relies on inventory information provided by the relevant brands, and therefore, we are not liable for any inaccuracies in the information. If you order Goods for a specific brand that is sold out, Troy Lee Designs will not be held responsible, as outlined in these Terms and Conditions.

9.8. Certain Goods may not be purchased for resale. If we suspect that Goods are being purchased for resale, we are entitled to cancel your order immediately without notice.

  1. Delivery Costs

10.1. If you exercise your statutory right to cancel, we will provide a full refund of the price paid for the goods and the original delivery charge.

10.2. If you fail to return the product(s) in question or you send them at our expense, or if our appointed courier collects the goods from you, we reserve the right to charge you for the direct costs incurred in collecting or returning the goods. This does not apply if the goods have been sent to you in error or if they are faulty, in which case, we will cover such costs.

10.3. If you exercise your right to cancel within 7 (seven) working days, please return the goods to us as soon as reasonably practicable. Please note that if we have provided any services as part of the purchase (e.g., products made to order or gift wrapping) and we have already started providing these services before you cancel, we will not reimburse the costs of such services.

  1. How to Exercise Your Statutory Right to Cancel

11.1. To exercise your right to cancel, please:

a) Send an email to info@tldsa.co.za; or

b) Write to us at our address at the end of these terms, clearly stating that you are giving notice to exercise your statutory right to cancel.

11.2. Your email, letter, or fax will be considered received by us on the date you send it (provided it is sent to the correct address and clearly indicates that you are exercising your right to cancel). Please retain confirmation of any fax, letter, or email to demonstrate the date you sent it.

  1. Conditions for All Returns, Exchanges, or Statutory Right to Cancel

12.1. All goods must be returned to us unused, along with all original packaging (please note that you have a duty to take reasonable care of returned goods, and any refund may be withheld or a charge incurred if you fail to take such care and damage the goods). Please ensure that your return package is securely packed and sealed (preferably in or with the original packaging). Packages must be returned with prepaid freight. We recommend using an insured parcel service, such as Royal Mail Special Delivery.

12.2. With your purchase of Troy Lee Designs products, you will receive a delivery note and returns form. To return items for exchange or return, fill out the form as instructed, include it in the package, and attach the label to the outside of the package. Then, post it back to us. If you do not have your returns form, our returns team will be happy to send you electronic copies that you can print at home. Contact us for assistance.

12.3. Please do not return items to us without clear instructions on where to send the goods, as it may cause severe delays in processing your return.

  1. Discrepancies

13.1. If there are any discrepancies with your order, please notify us as soon as possible. If you have received incorrect goods, please accept our apologies. Contact our customer service team, and we will arrange a collection of the incorrect goods. Any replacements will be sent to you at no extra cost.

  1. Feedback and Complaints Policy

14.1. We value your feedback and aim to improve our service. If you have any comments or wish to make a complaint, please email our customer services team or call the number provided on the website. We aim to respond within seven (7) working days, either resolving the complaint or providing a timescale for resolution.

  1. Pricing and Availability

15.1. All prices quoted on this website are in Rand and include VAT unless otherwise specified. Delivery charges are not included in the item prices. International delivery charges can be found on the website. Availability information for products sold on the website is provided on each product information page. We cannot provide more specific availability information than what is stated on the site. Dates are not guaranteed and should not be relied upon. While we make every effort to ensure accuracy, a small number of products on the website may be mispriced. If the correct price of a product is lower than our stated price, we will charge the lower amount and send you the product. If the correct price is higher, we will contact you for instructions before shipping or cancel the order and notify you accordingly.

15.2. Customs

15.2.1. When ordering products from the website for delivery overseas, you may be subject to import duties and taxes imposed when the package reaches the specified destination. Any additional charges for customs clearance must be borne by you, as we have no control over them and cannot predict their amount. Customs policies vary by country, so please contact the local customs office for further information. Please note that as the importer of record, you must comply with all laws and regulations of the country in which you receive the products. We respect your privacy, but please be aware that international deliveries may be opened and inspected by customs authorities.

  1. Disclaimer and Limitation of Liability

16.1. This website is provided by Troy Lee Designs on an "as is" and "as available" basis. Troy Lee Designs makes no representations or warranties of any kind, express or implied, regarding the operation of this website or the information, content, materials, or products included on it. Your use of this website is at your sole risk.

16.2. Troy Lee Designs disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose to the fullest extent permissible by applicable law. Troy Lee Designs does not warrant that this website, its servers, or emails sent by us are free of viruses or other harmful components. Troy Lee Designs will not be liable for any damages of any kindarising from the use of this website, including but not limited to direct, indirect, incidental, punitive, and consequential damages.

16.3. Certain countries or states may not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply, and you may have additional rights.

  1. Electronic Communications

17.1. By visiting the website or sending emails to us, you are communicating with us electronically. We will communicate with you by email or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

  1. Disputes

18.1. Any dispute relating to your visit to the website or the products you purchase through the website may be submitted to the courts of South Africa. However, if you have violated or threatened to violate Troy Lee Designs' intellectual property rights, Troy Lee Designs may seek injunctive or other appropriate relief in any court in any country, and you consent to the exclusive jurisdiction of such courts.

  1. Alteration of Service or Amendments to the Conditions

19.1. We reserve the right to make changes to our website, policies, and terms and conditions of sale at any time. Your use of the website and your orders will be subject to the policies and terms and conditions of sale in effect at the time of use or order, unless changes are required by law or government authority (in which case, they will apply to previously placed orders). If any provision of these terms and conditions of sale is deemed invalid, void, or unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

  1. Events Beyond Our Reasonable Control

20.1. Troy Lee Designs will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from a cause beyond our reasonable control. This condition does not affect your statutory rights.

  1. Waiver

21.1. If you breach these terms and conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

  1. Governing Law and Jurisdiction

22.1. Your use of the website, any purchase of products, and these conditions will be governed by and construed in accordance with the laws of South Africa. They will be considered to have occurred in South Africa. You agree, as we do, to submit to the non-exclusive jurisdiction of the South African courts.

  1. Your statutory rights are not affected by these terms and conditions of sale