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PRIVACY STATEMENT

SECTION 1 - WHAT DO WE DO WITH YOUR INFORMATION?

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.  When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.

SECTION 2 - CONSENT

How do you get my consent?

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.

How do I withdraw my consent?

If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at online@thomassabo.co.za; or mailing us at:

Thomas Sabo South Africa, 26, 6th Street, Johannesburg, Gauteng, ZA, 2196.

SECTION 3 - DISCLOSURE

We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

SECTION 4 - SHOPIFY

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.

Payment:

If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.

PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

For more insight, you may also want to read Shopify’s Terms of Service or Privacy Statement.

SECTION 5 - THIRD-PARTY SERVICES

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.  However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.  For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.  In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.  As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.  Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

Links:

When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

SECTION 6 - SECURITY

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

SECTION 7 - COOKIES

Here is a list of cookies that we use. We’ve listed them here so you that you can choose if you want to opt-out of cookies or not.

_session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc).
_shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits
_shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.
cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.
_secure_session_id, unique token, sessional
storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.

SECTION 8 - AGE OF CONSENT

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

SECTION 9 - CHANGES TO THIS PRIVACY POLICY

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

QUESTIONS AND CONTACT INFORMATION

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at online@thomassabo.co.za; or by mail at:

Thomas Sabo, 26, 6th Street, Johannesburg, Gauteng, ZA, 2196.

TERMS AND CONDITIONS

GENERAL

These terms govern your use of the website.

This website (Site) is owned by Thomas Sabo If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at online@thomassabo.co.za. 

By using the Site and completing the purchase cycle referred to below, you acknowledge that these website terms and conditions govern the ordering, sale and delivery of goods and the use of the Site and you hereby acknowledge that you have read and agreed to be bound by these terms and conditions.

Thomas Sabo reserves the right to make changes to these terms and conditions and/or other materials contained on this website from time to time without notice and such changes will be binding on you.

If you do not understand any provisions contained herein, it is your responsibility to ask Thomas Sabo to explain it to you before you continue using the Site. By using the Site, you will be deemed to have accepted all the terms and conditions unconditionally. DO NOT USE THIS SITE IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS.

AGREEMENT OF SALE, AVAILABILITY OF STOCK AND INCORRECT PRICING

Notwithstanding any communication from Thomas Sabo advising that your order or payment has been confirmed, acceptance of a sales order will only take place by Thomas Sabo delivering the goods to you or allowing you to collect them at an Thomas Sabo nominated dealer store and only at the point of delivery, will an agreement of sale between you and Thomas Sabo come into effect. We will communicate with you via your specified email address.

Thomas Sabo may reject or cancel your order without any recourse, by notifying you thereof at any time prior to delivery and without unreasonable delay thereafter refund you for any amount already paid.

Thomas Sabo shall use reasonable endeavours to make the advertised stock available at the displayed price for the period specified.

Goods may be removed from the shopping basket by Thomas Sabo if stock is no longer available or there has been a genuine mistake in pricing. You cannot hold Thomas Sabo or any Third Party Seller liable if such goods are not available or there has been a genuine error in pricing.

As indicated above, an agreement of sale between you and Thomas Sabo will come into effect upon delivery or collection of the goods and notwithstanding completion of an online order summary on the website and payment or payment authorisation is received by Thomas Sabo. Thomas Sabo will not be liable for any genuine mistake on pricing either appearing on the Site or as a result of any written or verbal communication received from Thomas Sabo.

Once you have completed the online order summary and payment or payment authorisation is received by Thomas Sabo, you may not cancel your order unless Thomas Sabo in its sole discretion accepts the cancellation of an order by you on sufficient cause shown and on a case-by-case basis.
You acknowledge that stock of all goods on offer is limited in the case of goods offered for sale by Thomas Sabo. Thomas Sabo will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the website. However, we cannot guarantee the availability of stock and we will only be liable for delivery of the Goods when the Goods are available. When Goods are no longer available before conclusion of a sale, Thomas Sabo will notify you and you will be entitled to a refund of the amount paid by you for such Goods.

FRAUD

We reserve the right, for purposes of preventing suspected fraud, to refuse to accept or process payment on any order and/or to cancel any sale concluded between you and Thomas Sabo, in whole or in part, on notice to you. Thomas Sabo shall only be liable to refund monies already paid by you (see Thomas Sabo’s Refund Policy in this regard) and accepts no other liability which may arise as a result of such refusal to process any order/sale.

PROMOTIONS

Thomas Sabo reserves the right to limit quantities of any item offered for sale. Certain models may be limited to 1 per customer and may not last for the duration of the promotion. Prices valid while promotional stocks last, after which stock will revert to the regular retail price.

WEBSITE USE

As a use, Thomas Sabo grants you a limited, non-transferable, revocable license to access and use the website subject to the following terms and conditions:

Unless otherwise specified, the goods and services offered on this Site are governed by and interpreted according to the laws of the Republic of South Africa without giving effect to any principles of conflict of law.

By shopping or browsing on this Site, you represent and warrant that you have read and understood the terms, conditions and policies displayed on this Site, and agree to be bound by them.

PLEASE DO NOT USE THIS SITE IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THE TERMS, CONDITIONS AND POLICIES.

CURRENCY AND TRANSACTION SECURITY

All transactions are conducted in South African RAND (ZAR)

By submitting a sales order through any of the Thomas Sabo website services, you warrant that you are acting within the bounds of the law and that you have the legal capacity to transact or have the mandate to transact. This includes that you have obtained the express permission (indemnity) of the person and/or business whose information you are submitting / using through any of our services and that you are not in breach of the Consumer Protection Act or National Credit Act and/or any other applicable legislation in any way. You indemnify Thomas Sabo, its members and employees from any claim and/or liability from any third party, arising out of your instructions and/or use of the service(s).

Acknowledgments by the Customer

You, the customer hereby agrees and acknowledge:

that you will at all times comply with the requirements of the Law(s); including the National Credit Act of 2005 and the Consumer Protection Act and/or any other applicable legislation to the extent that it is relevant to the customer for the receiving, compiling and reporting of information. Without limiting the generality of the a foregoing, the Customer specifically acknowledges and agrees that when reporting personal and other information to Thomas Sabo:

- that such information will include all mandatory data.

- that it will have taken all reasonable steps to ensure that the information being submitted is accurate, up to date, relevant, complete and valid when submitting such information

- that you are entitled to submit the information to Thomas Sabo for the purpose of Thomas Sabo making such information available to its associated partners for the purpose of tendering the services offered and that such information is not subject to a duty of confidentiality between Thomas Sabo and the Customer.

Breach of ECT Act

Any user who commits any of the offences detailed in sections 85 to 88 of the ECT Act 25 of 2002 shall, notwithstanding criminal prosecution, be liable for all resulting loss or damage suffered and/or incurred by Thomas Sabo and its partners / affiliates.

Payment Caution

You acknowledge that cyber criminals may use fraudulent methods to doctor or amend websites or use emails, letters or links that appear to be sent by Thomas Sabo to convince you, as Customer to pay money into a fraudulent bank account controlled by them, and therefore the Customer shall take the utmost care and be obliged to check that the correctness of Thomas Sabo’s banking account details into which the Customer makes payment is legitimate.

The Customer confirms that Thomas Sabo has not and will not advise of any change of bank details by way of an ad hoc email and should the Customer receive any communication of this nature, the Customer will check with Thomas Sabo e-commerce department and report it to the Thomas Sabo e-commerce department.

The Customer hereby acknowledges that Thomas Sabo shall not be responsible for any loss or damage suffered as a result of any fraudulent banking cyber-crime in respect of any of the Customer’s payments to Thomas Sabo and/or failure on the Customer’s part to take the necessary precautions and to confirm, as required in terms hereof, the accuracy of Thomas Sabo’s bank account details, hereby indemnifying and holding Thomas Sabo harmless in respect thereof.

Disclaimer

The use of the website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the website or reliance on any information on the website or furnished to you verbally or in writing.

While Thomas Sabo takes reasonable measures to ensure that the content of the website is accurate and complete, Thomas Sabo makes no representations or warranties, whether express or implied as to the quality, timelines, operation, integrity, availability or functionality of the website or as to the accuracy.

Thomas Sabo disclaims liability for any damage, loss or liability, whether direct, indirect or inconsequential in nature arising out of or in connection with your access, to or use of the website, any content therein and/or any verbal or written representations made unless otherwise proved by law.
Although goods sold from the website may, under certain specifically defined circumstances, be under warranty of any kind either express or implied including but not limited to the implied warranties of merchantability, fitness for a particular purpose, completeness or non-infringement as may be allowed in law.

Linked third party websites

This website may contain links or references to other websites (“Third Party Websites”) which are outside of our control including those of advertisers. These terms and conditions do not apply to those Third Party Websites and Thomas Sabo is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those Sites may use.

Notwithstanding the fact that the website may refer to or provide links to Third Party Websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expenses, claim or damage, whether direct, indirect or consequential arising from your use of such Third Party Websites or your reliance on any information contained therein.

Limitation of liability

Thomas Sabo cannot be held liable for any inaccurate information published on the website, information provided and/or representations made, verbally or in writing and/or any incorrect prices displayed on the website or made or given verbally or in writing.

Thomas Sabo shall not be liable for any direct, indirect, incidental special or consequential loss or damages which might arise from your use of or reliance upon the website or the content contained on the website or your inability to use the website and/or unlawful activity on the website and/or any linked third party website.

You hereby indemnify Thomas Sabo against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this website, verbal or written representations and/or any linked third party website.