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TERMS & CONDITIONS

INTRODUCTION

CINNAMON’s (“CINNAMON” “we” “us”) website(s) (our “Site” or “Sites”) and related services are made available to you in accordance with the following Terms of Use & Service, and any other rules posted on our Sites (collectively, the “TOS”). Please read the TOS carefully before placing any orders on www.cinnamonclothing.co.za. We recommend you should keep a copy of the TOS for future reference.

CINNAMON is a trading name of Chezfaz Trading PTY (LTD), a company registered in Durban, South Africa under registration number 2013/041682/07. Our registered address is 248 Gale street, Durban, Kwa-Zulu Natal, 4001, South Africa. Our VAT number is 4030269205.

In particular, we wish to draw your attention to our policies relating to the terms of purchase within the TOS and our Privacy Policy. If you are under 16 you must let your parent or guardian know about CINNAMON’s Privacy Policy before you register to use this Site or any of this Site’s services. We reserve the right to only accept orders from those over 18 however.

We may modify the TOS from time to time. Please read the TOS and check back often. If you do not agree to any change to the TOS then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.

SCOPE

These terms and conditions and any other policies referred to in these terms and conditions (including any policies or documents to which a link is provided from these terms and conditions) (together “Terms”) apply to all orders submitted by you for our Delivery Services. Please read the Terms carefully.

Please note that these Terms do not affect your statutory rights as a consumer. For more information on your statutory rights, contact your local Trading Standards Office, or the equivalent in your country (if any).
Please save or print a copy of these Terms and Conditions for future reference. The Terms may be changed and updated from time to time.

Delivery services provided to you by Cinnamon Distribution may be referred to as “shipping”, “express courier” or “delivery” or such other similar term. In all cases, Cinnamon Distribution carries out such services.

References to ‘We’ in the Customer Service Information refers to Cinnamon and/or Cinnamon Distribution as the context permits.

REGISTRATION

To use some of the services or features made available to you on this Site you will need to register. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address customercare@cinnamonclothing.co.za. We may also change registration requirements from time to time.

The account password you provide should be unique and kept secure, and you must notify CINNAMON immediately of any breach of security or unauthorized use of your account.

Please refer to our Privacy Policy for information about how we use your data.

ELIGIBILITY TO PURCHASE

In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.

The Site is available only to individuals and others who meet the CINNAMON terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to CINNAMON, whose applications are acceptable to CINNAMON and who have authorized CINNAMON to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. Products purchased by the buyer are for personal or gift use and should not be re-sold, used for commercial purposes or any other commercial benefit. In addition, CINNAMON reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

By making an offer to purchase merchandise you expressly authorize us to perform credit checks and where CINNAMON feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions.

Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti-fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

Please refer to our Privacy Policy for further information about how we use your data.

ORDERS

All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.

CINNAMON offers products for sale that are in stock and available for dispatch from our distribution center. Occasionally, however, we may be waiting for shipments from our designer suppliers. Consequently, you may from time to time be given the possibility of making an Advance Payment for certain items in which case you are able to make an Advance Purchase. Your rights regarding Advance Purchase are the same as those for any other purchase at CINNAMON. Alternatively, you may simply choose to register your email address for notification of arrival of the selected merchandise not held in stock.

Items received into stock may be pre-allocated to satisfy Advance Payment orders and customers making Advance Payments will receive items in priority to customers on the Waiting List or customers ordering through the Site for immediate delivery. Please be aware that we may be unable to deliver selected Advance Payment merchandise due to production problems or quality check issues identified. In these circumstances, we will notify you by email and refund the Advance Payment to your credit/debit card within thirty days of being advised that merchandise has become unavailable.

If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please be aware that on occasion certain products that are in particularly high demand will sell out during this period.

CINNAMON will store a record of your transactions for a minimum of one year.

PRICING POLICY

All prices of our Delivery Services on the Web Store are stated in the currency specified for your country in our Shipping Destinations, Costs and Delivery Times section. They include any applicable VAT or sales tax payable. Find out more about Shipping Destinations, Costs and Delivery Times.
We endeavor to ensure that all pricing information on Web Stores is correct. Occasionally, however, an error may occur and our Delivery Services may be mispriced. If the correct price of our Delivery Services is lower than the price stated on the Web Store, we will charge you the lower amount and provide the Delivery Services. If the correct price of our Delivery Services is higher than the price stated on the relevant Web Store, Cinnamon will, at its discretion and on our behalf, contact you and ask you whether you wish to proceed with the order at the correct price or cancel your order and notify you of such cancellation. We will not be obliged to supply Delivery Services to you at an incorrect price.
We may vary the prices of our Delivery Services listed on a Web Store at any time and without any notice.

From time to time, Cinnamon Distribution will offer a promotion in conjunction where delivery charges are reduced, in some cases to zero. The delivery charge will be included in the Order Summary but the promotional discount will be netted against this charge. In such cases, you continue to contract with Cinnamon Distribution for the delivery services and all other conditions apply.

SALE PRICE ADJUSTMENT POLICY

CINNAMON is happy to offer a Sale Price Adjustment on items purchased up to 7 days prior to the commencement date of a sale. Please be aware that the exact style and size of an item must be available for purchase at the time your request is made before any adjustment in the sale price can be approved. All approved Sale Price Adjustments will be credited to your CINNAMON account in the form of a store credit which will be valid for 12 months.

We are unable to offer price adjustment on items originally purchased in a sale or on any special promotion items that are temporarily reduced in price. Once an item has been purchased at a discounted sale price, no price adjustment will be offered should the item be further marked-down.

ACCEPTANCE OF YOUR ORDER

Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.

Unless you cancel your order, acceptance of your order and completion of the contract between you and CINNAMON will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in Durban, South Africa and the language of the contract is English. Neither our third party payment processor nor our nominated courier has the authority to accept an order on behalf of CINNAMON.

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS.

We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

Whilst every effort is made to make sure details on our website are accurate, we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfill an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been canceled. If you have already paid for the goods, we shall refund the full amount as soon as we are able. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.

PAYMENT

We accept Visa, MasterCard and any other methods which may be clearly advertised on the Site from time to time. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to CINNAMON, we will not be liable for any delay or non-delivery.

We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using Payfast, a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered CINNAMON user, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.

Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.

GIFT CARD

CINNAMON Printed and Virtual Gift Cards are sold subject to the following terms and conditions:

    1. Gift Cards are valid for 12 months from the date of purchase.
    2. Gift Cards can be redeemed against all products on the www.cinnamonclothing.co.za INTL site.
    3. Gift Cards are nontransferable and may not be returned or redeemed for cash.
    4. If your order total is less than the value of the Gift Card, the remaining balance will be credited to your account and will be redeemed against subsequent orders. You may check your Gift Card balance online via your My Account page.
    5. If your order exceeds the value of the Gift Card and you have existing store credit on your account, this will automatically be redeemed to cover the remaining balance. All remaining balances exceeding the value of your gift credit or store credit must be paid by credit or debit card.
    6. If you return products you have purchased using a Gift Card, the remaining balance will be credited to your account as store credit and will be redeemed against subsequent orders. You may check your Store Credit balance online via your My Account page.
    7. Virtual Gift Cards will be e-mailed to the recipient once the full order has been processed and payment has been taken. A copy will also be sent to the sender as confirmation of dispatch.
    8. CINNAMON is not liable for delivery of a Virtual Gift Card to an incorrect or non-existent email address. This is the sole responsibility of the purchaser.
    9. Cinnamon is not responsible if a Gift Card is lost, stolen, destroyed or used without permission.
    10. Cinnamon reserves the right to cancel a Gift Card if we deem such action necessary.
    11. Promotion codes cannot be applied to the purchase of Gift Cards with the exception of free shipping codes which can be applied to Printed Gift Cards orders.
    12. Sales tax and shipping is applicable on any products purchased with a Cinnamon Gift Card.
    13. Shipping is applicable on Printed Gift Cards.

PROMOTION CODES

Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.

INSURANCE AND DELIVERY

CINNAMON insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by CINNAMON, and transfer of responsibility in the same way.

Please note that we aim to dispatch all orders within 24 hours, or 48 hours during sale periods. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. CINNAMON are not responsible for any delays caused by destination customs clearance processes.

RETURNS AND EXCHANGES

If you are based in the SA under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2009 the right to cancel your order with us provided you give us written notice.

You have the right to cancel your order within 14 days without giving any reason.

The cancellation period will expire 14 days from the day after the day on which you acquire (, or a third party other than a carrier and indicated by you acquires) physical possession of the last of the goods.

To exercise the right to cancel, you must inform us by letter to: Notice of Contract Cancellation, Customer Care Department, CINNAMON, 248, Gale street, Durban, Kwa-Zulu Natal, South Africa, 4001, or by email to: customercare@cinnamonclothing.co.za.

For orders canceled, we will issue you with a full refund. We may make a deduction from the reimbursement for loss in value of any goods supplied if the loss is the result of unnecessary handling by you.

We will make reimbursement without undue delay, and not later than:(i) 14 days after the day we receive back from you any of the goods supplied; or
(ii)(if earlier) 14 days after the day you provide us with evidence that the good have been returned; or
(iii) if no goods were supplied, 14 days after the day on which we are informed about your cancellation.

We will make reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise.

In the event that we have sent goods to you and you have canceled your order, we may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent the goods back, whichever is the earliest. [If we do not receive the canceled order back, we may arrange to have it collected from you at your cost.]

You shall return canceled orders to: CINNAMON Head office, 248 Gale street, Durban, Kwa-Zulu Natal, South Africa, 4001, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the contract to us. The deadline is met if you send the goods before the period of 14 days has expired.

You will have to bear the cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling, other than what is necessary to establish the nature, characteristics, and functioning of the goods.

Please note you may only use your right to cancel the order under the COPRA if you give us formal written notice of cancellation anytime after your order has been placed, up until 14 calendar days from the day after you receive your order, by email or post as described above, i.e. before requesting your RMA through your Cinnamon account.

Our FREE COLLECTIONS SERVICE (see below) is not available for orders canceled under the COPRA

RETURNS AND EXCHANGES USING OUR FREE COLLECTION SERVICE

As an alternative to using your rights under the COPRA, you may prefer to return or exchange items using our returns and exchanges collection service. You must request your Returns Merchandise Authorization (RMA) number within 14 days of order receipt, and return your unwanted items within 14 days of receiving your RMA number, for a refund of the value of the item only, or an exchange for the same item in a different size, based on stock availability. If you wish to exchange your item for an alternative product, we suggest you use our exchange form.

Please refer to our Returns & Exchanges policy for further information.

Shipping is complimentary on the replacement item.  See costs for Shipping and Returns.

Our policy

Items should be returned unused and with all CINNAMON garment tags still attached. Returns that are damaged or soiled will not be accepted and will be sent back to the customer and/or a refund refused.

Where provided, belts and any designer packaging such as authenticity cards, dust bags, and leather tags should be included with your return.

Please email customercare@cinnamonclothing.co.za if any of your purchases have been delivered without CINNAMON tags.

All items returned should have a Return Merchandise Authorization (RMA) number to allow easy identification and prompt processing. Unidentified returns will be returned to the sender.

Lingerie & Swimwear

Swimming costumes and bikini bottoms should be tried on over underwear, without removing the protective adhesive strip. Returns will not be accepted if this strip has been removed or if items are soiled, and will be sent back to the customer.

Faulty goods

Goods are faulty if they are received damaged or where a manufacturing fault occurs within 30 days of purchase. Items that are damaged as a result of normal wear and tear are not considered to be faulty.

If you would like to exchange a faulty item instead of obtaining a refund, please be aware that we can only replace it for the same product in the same size, subject to availability. Where possible, we will offer to repair faulty items. If it cannot be repaired or the same product is not available, you are entitled to a full refund.

Colors

We have made every effort to display as accurately as possible the colors of our products that appear on CINNAMON. However, as computer monitors vary, we cannot guarantee that your monitor’s display of any color will be completely accurate.

REPEATED RETURNS

We offer a flexible returns policy to make your online shopping experience even easier. However, we do monitor the number of returns made and may refuse to accept orders at our discretion if goods are returned repeatedly.

INTELLECTUAL PROPERTY RIGHTS

All content (including, but not limited to, logos, text, data compilations, graphics, icons, images, photographs, audio clips, sounds, music, and software, and any combination thereof) available on Web Stores (the “Content”), is either owned or licensed by Cinnamon, and is protected by applicable copyright laws. All such rights are reserved.
The “Cinnamon” trademark as well as all trade marks, whether they are figurative or not, and all other marks, trade names, service marks, brand names, business names, illustrations, images, logos which appear on the Products, Web Stores, accessories or packaging, whether registered or not (the “Trade Marks”), are and remain the exclusive property of Cinnamon and/or its licensors and are protected by applicable trademark laws and treaties around the world. All such rights are reserved.
All other intellectual property rights (including, without limitation, registered or unregistered designs, copyrights and patents) in or related to Web Stores, the products depicted and/or available on Web Stores and any accessories, packaging or ancillary items connected to such products, your order or any Web Store (the “Intellectual Property Rights”) are and shall remain the exclusive property of Cinnamon and such Intellectual Property Rights are protected by applicable intellectual property laws and treaties around the world. All such rights are reserved.

YOUR RIGHTS

You have certain rights under the law. In South Africa these include:

      1. That any products you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site;
      2. Certain remedies if a product is defective; and
      3. A right to cancel any order for a product within 14 days after the date of receipt of the product and receive a full refund even if it is not defective (see Cancelling your order above).

Nothing in the TOS is intended to affect these rights. For more information about your rights contact your local Citizens Advice Bureau.

LIMITATION OF LIABILITY

We accept liability for death and personal injury arising from our negligence or that of our employees and agents. We do not seek to exclude our liability for fraudulent misrepresentation by us or our employees or agents.

Nothing in the TOS is intended to affect your rights under the law (see “Your Rights” above).

If CINNAMON breaches the TOS we shall only be liable for losses which are direct losses and a reasonably foreseeable consequence of such a breach. Losses are foreseeable where, for example, they could be contemplated by you and CINNAMON at the time of you placing your order, and CINNAMON dispatching your order.

We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side-effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).

We are also not responsible for failure to meet any of our obligations under the TOS where such failure is due to events beyond our reasonable control.

 

AMENDMENTS TO THESE TERMS

We reserve the right to make changes to these Terms at any time. You, and any contract between us, will be subject to the version of these Terms in force at the time you order the Delivery Services in question from us.

EVENTS BEYOND OUR REASONABLE CONTROL

We will not be held responsible for any delay or failure to perform or comply with our obligations under these Terms if the delay or failure arises from any cause, which is beyond our reasonable control.

SEVERANCE

Each provision of these Terms shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable form and not affect the enforceability of any of the other provisions of these Terms.

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