1. Detailed description of goods and/or services

Owami Lifestyle Productions CC, registration number 2007/072802/23 (“Owami”) is a leading online retailer of designer brands, fashion trends and niche lifestyle products.

2. Terms of Use

Welcome to the Owami Website located at the domain name www.owami.com (the "Website"). Owami provides this Website as a service to its clients. Please review the terms and conditions set out hereafter (“the Terms”) that govern your use of our Website (the "Agreement"). Please note that by accessing and using the Website and by making payment to Owami in accordance with the payment instructions herein you agree to be bound by the Terms. For the purposes of this Agreements terms like “our”, “we” and/or “us” shall mean Owami.

3. Website Contents

Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not completely satisfied with your Owami purchase you may return it with your invoice to Owami. Please see our Return Policy for further details. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips and written and other materials that are part of this Website (collectively, the "Contents") are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Owami This Website and all its Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related software.

4. Comments

We value the comments, ideas, suggestions and feedback disclosed, submitted or offered by you on, by or in connection with your use of the Website ("Comments"), but please note that Owami will not be obliged to respond to, maintain or compensate you in any way whatsoever for your Comments. Once disclosed, submitted or offered, your Comments shall become the property of Owami. Owami will thus exclusively own all such rights, title and interests in the Comments and shall not be limited in any way in its use, commercial or otherwise, of any of the Comments. You warrant that the Comments disclosed, submitted or offered by you to the Website do not and will not violate any right of any third party, including copyright, trademark, privacy or any other personal or proprietary right. You agree not to disclose, submit or offer any Comments that will be or will contain any defamatory, unlawful, abusive or obscene material. Owami disclaims any liability towards any third party regarding your Comments and you shall remain accountable towards any third party regarding the contents of your Comments.

5. Products displayed, colours and availability

Products displayed on the Website are available for purchase through our on-line shopping system. We have made every effort to display as accurately as possible the colours of our products that appear on the Website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate. The quantity and/or sizes of all the products on offer are limited. Owami shall take all reasonable efforts to discontinue the offer as soon as the required products are no longer available. However, should any product offered not be available, Owami undertakes to refund monies where it is unable to fulfill orders at the prices advertised.

6. Delivery Policy

Subject to availability and receipt of payment, requests will be processed within 3 days and delivery confirmed by way of a unique order number. Delivery will be within approximately 7 business days for addresses in South Africa by way of a 3rd party courier service and the shipping rates are based on the items’ weight and packaging. If you are in a different country, please allow extra time, as your item will have to pass through customs. Time in transit varies by country and by carrier. Delivery rates are based on the items’ weight and packaging. For any order, put the items you'd like in the cart and proceed to checkout. Once you indicate on the shopping cart where you live, it will calculate the delivery rates for you.

Unfortunately, we cannot be responsible for packages that are misdirected due to address information omitted or entered incorrectly by the customer. Please make sure you include your ENTIRE delivery address (including your company name, street number and name, suite/apartment number, city, state/region, postal code and country). If it does not fit into the fields given, please type it out completely in the comments box. If your package is returned to us, we are happy to send it out again, but we will have to re-charge you for the postage. Owami cannot be responsible for items once they have been confirmed delivered. We recommend that you have your packages delivered to a secure location. If you live in an apartment building or dorm, please check with your apartment manager as many times they might accept packages. You may also want to check with your post office and postal carrier to make sure they are not holding your package.

7. Customs charges

For international customers, the Customs Bureau in your country may charge a duty on you package. We try to accurately value the cost of goods in your package and cannot be responsible for additional charges levied by your local Customs officials.

8. Placing of an order and Prices

If you wish to order any of the products available on the Website you must complete the online order form and stipulate the particular quantities and, if applicable, sizes regarding the Products ordered. To confirm your order payment must be made of the amount due for products ordered and the delivery charges in by completing the credit card payment procedure. All prices displayed on the Website are quoted in South African Rand and are inclusive of VAT. Upon receipt of payment by Owami your order will be confirmed as an irrevocable order. We reserve the right to hold or cancel any order for suspected fraud or incorrect billing information. Affected customers will be contacted by our Orders Department in this regard, but we shall not be responsible for delays or cancellations caused by lack of customer response in this regard. You may cancel or change your order by emailing us at info@owami.com immediately after placing your order and you must provide your full name and order information in such email. In the event that you have received a shipping confirmation, you may return the order for a refund (less shipping costs) after it arrives, provided you comply with our return policy below in this regard.

9. Returns and Exchanges

You may exchange any one of the products, within 7 (seven) days from the date of delivery, if you are eligible to do so in terms of the provisions hereafter by post, in which event you will be responsible for all shipping and handling costs, including but not limited to duties and/or taxes for International orders to deliver the products to Owami at Owami Lifestyle Productions, PO Box 783346, Sandton, 2146, South Africa. Your original invoice and proof of payment must be accompanied with your returned product(s) in order for Owami to process your return/exchange and must be in their original state with the original labels and swing tags attached and be unworn before they can be accepted for an exchange. A return form, available on the Website, must be completed when returning an item.

Click here to access the Return Form. Due to the hygienic standards of certain items, we regret that it is not possible for us to accept exchanges on any lingerie or swimsuits. If such items are returned to Owami they will be sent back to you at your cost, after you have paid the courier fees in advance. If any product is returned by post it is your obligation to ensure that the product(s) is adequately packed and prepared and Owami shall not be liable for any loss or damaged cause to the product due to being inadequately packed. Once we receive the returned product(s) and have determined that it complies with our Terms, you will be able to exchange the product for another item of the same price as the returned product but we will not make any refunds. The provision of goods and services by Owami is subject to availability. In cases of unavailability, Owami will refund the client in full within 30 days.

10. Payment options accepted

Payment may be made via Visa, MasterCard, or by bank transfer into the Owami bank account, the details of which will be provided on request. Authority for payment must be given at the time of order. You will not pay anything extra when you pay by credit card. We will accept online orders placed by the authorised cardholder only. If you do not possess a suitable credit card you cannot order an Owami product in your name. If a credit card belonging to a third party is to be used, the order must be placed and completed by the card holder and delivery will be to the cardholder’s address only. Credit card transactions will be acquired for Owami via PayGate (Pty) Ltd who are the approved payment gateway for Standard Bank of South Africa. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy. Customer details will be stored by Owami separately from card details which are entered by the client on Pay Gate’s secure site. For more detail on PayGate please refer to www.paygate.co.za .

11. Merchant Outlet country and transaction currency

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR).

12. Special Offers

Owami shall not be liable for the sale of items at lower prices if such prices were increased and users and/ or purchasers could not, for any reason whatsoever, conclude an agreement of sale while such prices remained low. If Owami supplies the wrong product or if the product is in any way faulty or damaged, Owami will exchange it for the correct one. However, if the product is no longer being offered at the special price, it will not be replaced and Owami will refund the purchase price including delivery costs. Please note that all products are carefully checked for flaws before they are delivered.

13. Links to other Websites and services

This Website may contain links to other websites that are not under the control of Owami. Owami has no responsibility for the linked websites nor does it necessarily endorse the linked websites. Owami provides the links solely for the convenience and information of its Website users.

14. Liability

You expressly agree that use of the Website, specifically including any election by you to provide certain personal information, is entirely at your own risk. Neither Owami nor any of its agents or representatives shall be liable for any direct or indirect special, consequential or other damage, loss or liability of whatsoever nature arising from the use or inability to use this Website or the services or content provided from and advertised through or on this Website or of any linked website, even if Owami is expressly advised thereof.

Furthermore, Owami makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this Website, its servers or email sent from Owami are free from viruses other harmful components, errors or omissions or that the service will be 100% uninterrupted and error free. Users are encouraged to report any possible malfunctions and errors to Owami. Owami will not be liable for any damages of any kind arising from the use of this site, including, but not limited to, direct, indirect, incidental, punitive and consequential damages. This Website is supplied on an "as is" and “as available” basis and has not been compiled or supplied to meet the user's individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with Owami that the service available from and through this Website will meet the user's individual requirements and be compatible with the user's hardware and/or software. Owami makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials or products included on this site. You expressly agree that your use of this site is at your sole risk. Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of Owami and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website.
To the full extent applicable by law, Owami disclaims all representations and warranties, express or implied, including but not limited to warranties as to the availability, accuracy or content of information, products or services, and warranties of merchantability or fitness for a particular purpose of information, goods or services. You agree to defend, indemnify and hold Owami harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Website. You furthermore agree that if you intend to complain, make a claim or take legal proceedings of any kind this action will be against Owami and no other involved party with the exception of the private courier.

15. Responsibility

Owami takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.

16. Customer Privacy Policy

Owami receives various types of information (“the Information”) from Users who access the Website. Owami makes every effort to protect any Information received by it. Despite such undertaking, it is possible for Internet-based communications to be intercepted. Without the use of encryption, the Internet is not a secure medium and privacy cannot be ensured. Internet e-mail is vulnerable to interception and forging. Owami will not be responsible for any damages you or any third party may suffer as a result of the transmission of confidential information that you make to Owami through the Internet, or that you expressly or implicitly authorise Owami to make, or for any errors or any changes made to any transmitted information.

To ensure acquaintance with and awareness of the privacy measures and policies of Owami, the User is urged to take care to read and understand the underlying privacy clauses incorporated in these Terms and Conditions. Owami requires certain personal information to provide the services required to the User and the User may elect to provide certain personal information to other users of the Website. Owami receives and stores all Information the User enters on the Website or gives to Owami, in any other way. The User may choose not to provide certain Information, but that may limit the services that the User may wish to obtain from this Owami. Owami provides its services in conjunction with its affiliates and subsidiaries.

The User information that is required by affiliates and subsidiaries to give effect to transactions that the User chooses to enter into, is shared with those entities. Owami does not sell or rent personal information about individual members (such as name, address, email address, telephone or fax number) to third parties. We do however reserve the right to disclose information regarding our members and usage of the Website to each other and, amongst others, business partners and affiliates, including, but not limited to, its advertisers, suppliers and other selected third parties. Owami may disclose personal information in response to a specific request by a law enforcement agency, subpoena, court order, or as required by law. The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. Owami uses this information to determine use of the Website, and to improve Content thereon.

Owami assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation. Owami aspires to provide first-class service to its customers, which necessitates Owami providing information to the User regarding new services or special offers. In each instance, the User is provided an opportunity to opt-out of such information circulars. For more information, please contact the Owami Help Desk: info@owami.com. Owami understands that efficiency and customer care translates to good service. Owami may periodically conduct online customer care surveys to facilitate the updating of service standards. When it conducts a survey, Owami will inform the User how the information gathered will be used, and will provide the User with the opportunity to opt-out from such surveys. Owami may enter into business arrangements whereby its customer base is one of the more valued assets. In such an event, customer Information will be one of the transferable assets. Owami shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/html/govdocs/legislation/2000/act2.pdf

17. Copyright and Intellectual Property

Owami provides certain information at the Website. Content currently or anticipated to be displayed at this Website is provided by Owami, its affiliates and/or subsidiary, or any other third party owners of such content (“the Content”). Users may download, view and print content from this Website for private and non-commercial use only. All content included on this site such as text, graphics, logos, buttons, icons, images, audio clips, digital downloads, data compilations and software is the property of Owami or its content suppliers.

All further proprietary works, and the compilation of the proprietary works, are also copyright of Owami and all of the abovementioned is protected by South African and international copyright laws. Owami reserves the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content is reserved and retained by Owami. The User may copy and print portions of the website for the sole purpose of placing an order with Owami or utilising other services rendered by Owami. The material on the website may not be used for any other reason.

Owami cannot screen or edit all the content available from the Owami Website and does not accept any liability for illegal, defamatory or obscene content. Users are encouraged to inform Owami of any content that may be offensive or illegal. All the content, trademarks and data on this web Website, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to Owami and as such are protected from infringement by local and international legislation and treaties.

18. Governing Law and Country of Domicile

Should you purchase any product through this Website, you hereby consent and submit to the jurisdiction of the South African courts in regard to all proceedings, actions, applications or the like instituted by either party against the other, and in any way arising from the Terms or the use of the Website. This Website is hosted, controlled and operated from the Republic of South Africa and therefore at all times governed by South African Law and Owami chooses PO Box 783346, Sandton, 2146, South Africa as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature. Any dispute will be resolved in Cape Town, South Africa and any proceedings shall take place in the English Language.

19. Arbitration

In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this agreement, and not resolved through the Customer Relations Department of Owami, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. Arbitration proceedings shall be conducted in Cape Town in English. Each of the parties hereby irrevocably agrees that the decision of the Arbitrator in arbitration proceedings shall be final and binding on them and may be made an Order of Court to whose jurisdiction the parties to the dispute are subject.

20. General

If any provision of this Agreement is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severed from this Agreement and shall not affect the enforceability and validity of the remaining items of the Agreement. This Agreement constitutes the whole agreement between the parties and no party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein.

Any indulgence of whatsoever nature granted by Owami shall not be construed as a waiver or variation of any of our rights or remedies. Owami reserves the right to alter or withdraw any of its internet services, to refuse its services to any customer and to amend these conditions on written notice from Owami at any time. Owami will not be responsible for any breach of these conditions caused by circumstances beyond its control. If Owami is informed of any inaccuracies in the material on its website or online purchase service, it will attempt to correct the inaccuracies a soon as possible.

Goods are not sold on a trial basis. Goods are not for resale. Owami shall retain full ownership of and title to all goods delivered until all sums owing to it have been paid. Owami shall not be liable to the User on any account whatsoever in the event that Owami is prevented from fulfilling its obligations hereunder due in whole or in part to an event or force of majeure which expression shall mean act of God, war, fire, flood, storm, power failure, reduction of power supplies, mechanical failure or lack or shortage of materials or stock or any other circumstances beyond its reasonable control; and whether or not within its control, strikes, lock-outs or industrial disputes in relation to Owami or any other party or any action taken by it in connection therewith or in consequence or the occurrence thereof. In such event Owami may at its option either suspend performance or cancel the contract in question or so much of it as remains unperformed without liability for any loss and without prejudice to Owami’s rights to receive payment of the price of all goods previously delivered.

21. Variation

Owami reserves the rights may to change, modify, add to or remove from portions or the whole of these Terms from time to time in its sole discretion and at any time without notice. Changes to these Terms will become effective upon such changes being posted to this Website. It is your responsibility to periodically check these Terms and should you continue to use the Website following the posting of changes or updates your use will be considered notice of your acceptance to abide by and be bound to these Terms including the changes/updates.

22. Company Information

This website is run by Owami Lifestyle Productions CC based in South Africa trading as Owami, registration number 2007/072802/23.

23. Contact Us

In the event that you need to contact Owami for purposes related to these Terms and Conditions, please use the following:

Telephone: +2784 396 2077
Fax: +27 86 503 1577
Email: info@owami.com
Address: Owami Lifestyle Productions,
PO Box 783346,
Sandton,
2146,
South Africa.

© Owami Lifestyle Productions 01 August 2007
This Website was most recently updated on the 01 August 2007.