Terms and Conditions

 

Terms of Use

General Terms and Conditions of Use of the Website

Welcome to www.barbedera.com website (hereinafter the "Website").

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE OF THE WEBSITE (HEREINAFTER THE "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITE.

The Terms of Use govern the access to, and use of, the Website and the content and services available through the Website (“Services”).

Use of the Website and of the Services constitutes your full acceptance of these Terms of Use and all guidelines and rules, including but not limited to the Privacy Policy referred to in Section 14 (below) and any other additional terms, conditions, or policies referenced herein and/or available by hyperlink, and of their relevant mandatory nature. These Terms of Use shall apply to all users of the Website, including without limitation vendors, customers, merchants, and/or contributors. When registering to use the Website and the Services, you will be asked to agree to be bound by these Terms of Use. You are only authorized to use the Website and the Services if you agree to abide by all applicable laws and the terms of these Terms of Use and you indicate your acceptance during the registration, or subscription, process. If these Terms of Use are construed as an offer, acceptance is limited expressly to these Terms of Use. If you (hereinafter, also “User”) do not agree to be bound by these Terms of Use and to abide by all applicable laws, you may not use the Website or the Services. By use of the Website and/or Services, User hereby consents to the admissibility of a printed copy of these Terms of Use in any judicial, administrative, or other proceeding based on or relating to the Website, Services, or the use thereof, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Barbed Era reserves the right, at its sole discretion, to modify these Terms of Use from time to time, in which case we will post the revised Terms of Use on this Website and update the "Last Updated" date to reflect the date of the changes. Please consult these Terms of Use regularly. The use of the Website and the Services by you after such modifications have been posted constitutes your full acceptance of the then-current Terms of Use. If you do not agree with the Terms of Use at any time, you may not continue to use the Website or the Services.

 

 1.Imprint

 1.1The Website and its contents are designed, operated and administered by Barbed Era luxury,a South African incorporated sole ownership, with registered office in Johannesburg,Sandton, Gauteng.

1.2Purchases made through the Website by customers in South Africa are processed byBarbed Era luxury brand South Africa.

1.3The disclosure of contact information described above does not constitute consent to contact for purposes unrelated to the Website and/or Services or for unauthorized purposes, including, but not limited to, marketing.

 

2.Age

2.1The Services are generally not intended for persons under the age of eighteen (18) years (or age of majority of the individual's relevant jurisdiction). If you are under this age, please do not view, use, register for, or subscribe to, the Website or the Services. If we learn that you are under eighteen (18) years of age or any other majority age in your jurisdiction (or fraudulently misrepresented your age during the registration or subscription process, if applicable), we will promptly cancel your registration, or subscription, if any, and stop providing you the Services.

 

3.Registration for, and Subscription to, Services

3.1You may register for, or subscribe to, our Website and Services as available from time to time on the Website.

3.2When registering for, or subscribing to, the Website and the Services you agree to provide accurate and true information. In the event of any change in the information you provided upon your registration or subscription, you agree to promptly inform us to ensure that you will receive our messages and to prevent Barbed Era from inadvertently contacting third parties.

3.3If you registered for a Service requiring prior authentication (e.g. Account, Wish list). You are solely responsible for maintaining the confidentiality of your password and any and all use of your account or password. Barbed Era is authorized to rely upon any acts or communications it receives under your password as if such acts or communications have been made by you unless Barbed Era receives explicit prior notice otherwise. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password.

3.4Without prejudice to other remedies provided by applicable law and under these Terms of Use, in the event you fail to comply with the obligations under these Terms of Use, Barbed Era will be entitled, at its sole discretion, to cancel your registration or subscription, and/or to block your account and/or deny, restrict, suspend, or terminate your access to the Website and to the Services.

 

 4.Duration – Termination of Services

 4.1Your registration for, or subscription to, one or more Services will be effective upon successful completion of the relevant process.

4.2You may terminate your registration for, or subscription to, the Services at any time at your sole discretion by sending an e-mail to assistance@barbedera.com. We will send an email or other communication confirming your cancellation of your registration or subscription.

4.3 Barbed Era may immediately terminate your registration or subscription, or suspend it, at any time and at its sole discretion, in case of any material breach by you of these Terms of Use, without prejudice to any other remedies provided by the applicable law. Barbed Era will notify you about the termination or suspension, as applicable, by e-mail or postal mail and your credentials, if any, will be deactivated. Termination of your access or use will not waive or affect any other right or relief to which Barbed Era may be entitled, at law or in equity. The obligations and liabilities of the parties incurred prior to termination shall survive the termination for all purposes.

 

 

5.Electronic Services

 5.1Certain parts of the Services may require the Services to be provided through electronic communication channels, such as e-mail, text messages, or phone calls. You acknowledge that messaging and data rates may apply and that you will be responsible for such charges.

5.2Please see Barbed Era’s Privacy Policy for more information about how we may contact you and your rights and options regarding our use of your contact information. As mentioned above, you may terminate your registration for, or subscription to, the Services at any time at your sole discretion by sending an e-mail to assistance@barbedera.com. We will send an email or other communication confirming your cancellation of your registration or subscription.

5.3You may not use the Website or Services for any illegal or unauthorized purpose or utilize the Website or Services for any purpose in violation of the laws in your jurisdiction (including but not limited to copyright and intellectual property rights regulations). You may not use any hardware or software which may damage or interfere with the proper working of the Website and/or Services or to surreptitiously intercept any communications, data or personal information from the Website. You agree not to interrupt or attempt to interrupt the operation of the Website or Services in any way.

 

6.Protection of industrial and intellectual property rights

 6.1The content on this Website, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, trade dress, logos, software for design, implementation and use of the Website, layout, structure and organization of the content of the Website, the collection and organization of data and information, video clips, musical compositions, audio clips, designs, devices, or any other material (collectively, “Contents”) is protected under domestic and foreign intellectual property laws. Barbed Era owns all rights and/or license in and to the Contents. Any use of the Contents not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, trade dress, patent and other laws. You understand and agree that, except as stated herein, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted, transmitted, modified, or created into derivative works in any form or by any means without the prior written permission from Barbed Era. Any special rules for the use of other items provided on the Website may be included elsewhere within the Website and are herein incorporated into these Terms of Use by reference. The use of the Contents on any other website or in a networked computer environment for any purpose is prohibited. All rights not expressly granted herein are reserved to Barbed Era.

 

7.Submissions

 7.1 Any ideas, suggestions, information, know-how, material, or any other content received by us from you or others through this Website, or through other forms of communication such as mail or email (collectively, “Submissions”), will be deemed to include a royalty-free, perpetual, worldwide, irrevocable, nonexclusive, sublicensable right and transferable license for us to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, display (in whole or part) worldwide, or act on such Submissions without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submissions. You expressly acknowledge and agree that you waive any claim to the contrary. You are solely responsible for your Submissions, the consequences of making Submissions, and your reliance on any Submissions. Barbed Era is not responsible for the consequences of any Submissions. You declare and warrant that the Submissions do not violate any rights of third parties arising from the law or by contract, including, but not limited to, the rights related to the author, trademarks, patents, trade secrets, copyright, confidentiality and any other proprietary or personal rights. Barbed Era is not responsible for screening or monitoring Submissions made to this Website by users. If notified by a user of a submission allegedly in violation of these Terms of Use, Barbed Era may investigate the allegation and determine in good faith and at its sole discretion whether to remove such Submissions. Barbed Era will have no liability or responsibility to users for performance or nonperformance of such activities. Barbed Era may, but will not be obligated to, use and/or provide any author attributions related to any Submissions. We reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

 

8.Links to other sites and to the Website

 8.1This Website may contain links to other websites. Barbed Era has no control over such websites and will not be responsible or liable for any content or anything else related to your accessing or use of any third party websites.

8.2Hyperlinks to other websites and references to information, products or services of third parties linked to this Website do not constitute, and should not be interpreted, in any way, as an endorsement by Barbed Era of such websites, information, products or services. Any question or comment related to these websites must be addressed to the relevant operators. Barbed Era shall not be responsible for any losses, damages, or other liabilities incurred as a result of use of such sites.

8.3You are not permitted to frame or “mirror” this Website or any of its Contents on any other website or to link to any part or section of the Website or its Contents, in whole or in part, without prior written consent of Barbed Era.

 

9.Accuracy and Completeness of Information

 9.1This Website is solely for private, personal and non-commercial use, and the material on this Website is presented for informational and/or promotional purposes only. Barbed Era shall not be responsible if the information made available on this site is inaccurate, incomplete, or outdated. The information included on the Website and/or Services should not be relied upon or used as the sole basis for making decisions without consulting more accurate, more complete, or more timely sources of information. The User assumes all risk for any reliance upon the accuracy of any information portrayed on the Website or Services.

9.2Unless otherwise specified, the Website and Service are intended to promote Barbed Era products and services available in South Africa. The prices displayed on the Website and Services are quoted in South African Rands.

9.3The photographs and images of products included on the Website and Services have been portrayed as accurately as possible; however, the settings and specifications of the User's viewing device or display could affect the accuracy of the colors of products portrayed.

9.4Some of the products displayed on the Website or Services are available only in specific retail locations in South Africa, in certain foreign markets, and/or online through the Website. The quantities of these products may be limited and are subject to return or exchange in accordance with the terms and conditions set forth in the applicable return policy dependent upon the point of purchase.

9.5The Website and/or Services may include a button or hyperlink labeled "Find in Store" when viewing a particular Product. Clicking on this link will present you with the option to provide location information so that the Website can display the availability of the selected Product in stores near the location specified. The availability information is updated as frequently as possible but, due to frequent store inventory changes, the availability information is not guaranteed to be accurate. In addition, Products identified as available may no longer be available when you visit the location specified. The in-store price of a Product may vary among stores and may be different from the online price for the same Product.

9.6 We provide you with Products and Services through the networks of other telecommunications providers and through other suppliers and third parties. Your use of the Products and Services of Barbed Era and the equipment, facilities and services of third party suppliers is at your own risk. We assume no responsibility for the security of your facilities or networks or for unauthorized access to such networks or facilities. In all cases, you are responsible for determining and establishing secure network access configurations. Barbed Era, its partners, affiliates and third party suppliers and each of their respective directors, officers, employees, consultants, agents and suppliers shall not be liable for any inability, failure or mistake related to any security breach or identification of such breach or any loss that results from the transmission of confidential or sensitive information over the Internet. Barbed Era and its suppliers make no commitments with respect to the recoverability of lost data.

 

10.Exclusion of warranty

 10.1TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS WEBSITE, ITS MATERIALS, CONTENTS, AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BARBED ERA PROVIDES NO WARRANTY OR GUARANTEE IN CONNECTION WITH THIS WEBSITE, ITS MATERIALS, CONTENTS, OR SERVICES, INCLUDING, BY WAY OF EXAMPLE, THAT IT WILL ALWAYS BE AVAILABLE, WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING, THAT DEFECTS WILL BE CORRECTED, OR THAT IT WILL BE SAFE FROM MALICIOUS PROGRAMS (SUCH AS VIRUSES, BUGS, MALWARE OR SIMILAR)), THAT IT IS MERCHANTABLE, THAT IT IS SUITABLE FOR ANY PARTICULAR PURPOSES, OR THAT (EXCEPT AS EXPRESSLY STATED IN OUR PRIVACY POLICY), ANY INFORMATION YOU MAY PROVIDE OR ACTIVITIES YOU ENGAGE IN THE COURSE OF YOUR USE OF THIS WEBSITE OR ANY HYPERLINKED WEBSITE ARE SECURE AND EXPRESSLY DECLINES ANY SUCH WARRANTIES. TO THE EXTENT THAT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

10.2  BARBED ERA WORKS TO ENSURE THAT THE INFORMATION MADE AVAILABLE THROUGH THE WEBSITE IS ACCURATE AND UP TO DATE. HOWEVER BARBED ERA CANNOT GUARANTEE THE ACCURACY OF SUCH INFORMATION OR THAT SUCH INFORMATION IS FREE FROM ERRORS OR OMISSIONS AND BARBED ERA MAKES NO WARRANTY, AND SHALL HAVE NO LIABILITY, IN RESPECT OF THE SAME. BARBED ERA RESERVES THE RIGHT TO UPDATE AND/OR CORRECT THE CONTENTS OF THE WEBSITE AT ANY TIME WITHOUT NOTICE AND WITHOUT ANY LIABILITY.

 

11.Limitation of liability

 11.1SOME COUNTRIES DO NOT ALLOW ALL OR PART OF THE FOLLOWING LIMITATIONS OR EXCLUSIONS OF LIABILITY AND, IF REQUIRED BY APPLICABLE LAW, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

11.2YOU ARE RESPONSIBLE FOR EVALUATING THE INFORMATION AND CONTENT OBTAINED THROUGH THE WEBSITE. BY USING THE WEBSITE YOU UNDERTAKE ALL RISKS CONNECTED TO THE RELEVANT USE AND TO TAKE FULL RESPONSIBILITY FOR ANY FAILURE IN THE USE, LOSS OF DATA AND COSTS ASSOCIATED WITH ALL NECESSARY SERVICE AND MAINTENANCE OF HARDWARE AND / OR SOFTWARE USED IN CONNECTION WITH THE WEBSITE.

11.3TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ALSO UNDERTAKE NOT TO HOLD US, OUR LICENSORS, SERVICE PROVIDERS, AGENTS, OFFICERS, OR DIRECTORS, LIABLE, IN ANY WAY, FOR ANY POSSIBLE DAMAGES INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING OR RESULTING FROM THE USE OF THIS WEBSITE, THE SERVICES, ITS CONTENTS OR RELATED TO IT, OR ANY LINKED SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF THEY ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES.

 11.4NOTHING IN THESE TERMS OF USE SHALL EXCLUDE OR LIMIT (I) OUR LIABILITY IN CASE OF DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE; (II) OUR LIABILITY IN CASE OF FRAUD, FRAUDULENT MISREPRESENTATION OR GROSS NEGLIGENCE; AND/OR (III) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.

 

12.Indemnity

 12.1To the extent permitted by applicable law, you agree to indemnify and hold Barbed Era, and each of its parents, subsidiaries and affiliates, and their respective officers, directors, shareholders, legal representatives, attorneys, agents, partners, employees and successors and assigns, harmless from and against any damage, loss, liability, claim, demand, cost, penalty, or expense (including reasonable attorneys' and professionals’ fees and court costs) arising out of or relating to your use of the Website, including, but not limited to, any Submissions to make to us, or any breach by you of these Terms of Use.

12.2WE RESERVE THE RIGHT TO ASSUME AND DELEGATE THE EXCLUSIIVE DEFENCE AND CONTROL OF ANY CLAIMS, DEMANDS AND ACTIONS ARISING IN CONNECTION WITH THIS INDEMNITY AND YOU AGREE TO COOPERATE WITH GUCCI AND ITS DESIGNEES DEFENCE OF THESE CLAIMS, DEMANDS AND ACTIONS.

 

13.Applicable Law and Construction; Jurisdiction; Arbitration

 13.1These Terms of Use and any non-contractual obligations arising out of or in relation to the Terms of Use shall be governed by and will be interpreted in accordance with the laws of the Gauteng province Johannesburg, South Africa (without regard to its conflict of law provisions), except as otherwise provided under mandatory local legislation of your place of residence.

Any claim, dispute, or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including, but not limited to, statutory, common law, intentional tort and equitable claims) arising out of or relating to these Terms of Use or the breach, termination or validity thereof, and/or the relationships which result from these Terms of Use (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories hereto) (collectively, a "Claim") WILL BE RESOLVED, UPON THE ELECTION OF BARBED ERA, EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. If arbitration is chosen, it will be conducted pursuant to the Rules of the South African Arbitration Association. If arbitration is not chosen, the Claim shall be submitted to the exclusive jurisdiction of the state and federal courts in the province of Gauteng, Johannesburg. If arbitration is chosen by any party with respect to a Claim, neither Barbed Era nor User will have the right to litigate that Claim in court or to have a jury trial on that Claim or to engage in pre-arbitration discovery, except as provided for in the applicable arbitration rules or by agreement of the parties involved. Further, User will not have the right to participate as a representative or member of any class of claimants pertaining to any Claim. Notwithstanding any choice of law provision included in these Terms of Use, this arbitration agreement is subject to the Federal Arbitration Act. The arbitration will take place exclusively in the Gauteng province, Johannesburg. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). Each party involved will bear its own cost of any legal representation, discovery or research required to complete arbitration. The existence or results of any arbitration will be treated as confidential. The only Claims excluded from this arbitration provision are claims for which mandatory arbitration would be invalid as a matter of applicable law. As a result, this submission of disputes to arbitration at Barbed Era’s election may not apply to you or your jurisdiction.

In the event of any Claim, the prevailing party shall be entitled to additionally recover reasonable legal expenses and costs, including attorney’s fees, from the other party.

13.2The headings used in this agreement are for reference purposes only and do not have contractual or binding effect.

13.3If any provision herein is held invalid or unenforceable for any reason, the remaining provisions of these Terms of Use will not be affected. In such event, the invalid or unenforceable provision will be replaced by a provision that comes closest to the original intent of the invalid or unenforceable provision or will be modified to conform to the most expansive permissible reading under the law consistent with the intention of the invalid or unenforceable provision.

 13.4The terms and conditions set forth herein constitute the entire agreement and understanding between the User and Barbed Era with respect to the subject matter set forth in the Website and/or Services and supersede all prior or contemporaneous communications or proposals, whether written or oral, and supersede all contrary representations contained in the Website and/or Services, including but not limited to any statements of policy or answers to frequently asked questions.

13.5 Barbed Era’s waiver of any provision of these Terms of Use, failure to insist on strict performance of any term herein or failure to take advantage of any of its rights with respect will not operate to excuse performance or waive any such right to require strict performance at anyfuture time.

 

 

1. General provisions

1.1.These general conditions of sale (hereinafter, “General Conditions”) apply to all sales of Barbed Era products (hereinafter, “Products” or “Product”) carried out through the www.barbedera.com/home website (hereinafter, “Website”).

1.2.Selling of Products -regulated under these General Conditions- is only available to consumers over the age of eighteen (18) years (or the age of majority of the individual's relevant country) (hereinafter, “Clients” or “Client”) being natural persons that obtain Products for personal, family, or household purposes. Client is prohibited from purchasing any Product from the Website for purposes of resale by you or any other person, and Barbed Era expressly disclaims any warranty or claim for damages, consequential or otherwise, resulting from Client's intent or attempt to resell any Product purchased from the Website.

1.3.  The language of any contract of sale through this Website shall be English.

1.4.  Clients are required to carefully read these General Conditions, which are available on the Website to enable Clients to acknowledge, store and reproduce them. Contracts of sale executed with the Clients will be archived by Barbed Era for the retention period required by applicable law.

 

2. Identification of the vendor

2.1.The vendor is Barbed Era RSA, Inc., a company with no affiliation with any Group, with a registered office at Sandton Gauteng Johannesburg  (“Barbed Era”).

 

3. Information on Products and their availability

3.1.  Information on Products (along with the relevant Product codes) and relevant prices are available on the Website. Barbed Era reserves the right to make adjustments to the pricing and/or description or features of Products for reasons including, but not limited to, changing market conditions, Product discontinuation, material unavailability, changes to manufacturing processes, and errors in advertisements.

3.2.  The Products available on the Website are a selection of items normally available in stores; however, Barbed Era does not provide any warranty to the Client relating to the availability in the stores of the Products available in the Website. The photographs and images of products included on the Website and Services (as defined in the Website Terms of Use) have been portrayed as accurately as possible; however, the settings and specifications of the Client's viewing device or display could affect the accuracy of the colors of Products portrayed. The information included on the Website and/or Services should not be relied upon or used as the sole basis for making decisions without consulting more accurate, more complete, or more timely sources of information.

3.3. Barbed Era reserves the right at any time to limit quantities and/or type of Products available from the Website. The style, models and colors of the Products described on the Website may be changed without notice. During the purchasing process, an automatic response will inform the Client if the order cannot be processed due to the unavailability of the ordered Product.

3.4.  The maximum number of pieces for each Product that may be included by the Client in the order proposal is five pieces.

3.5.  Barbed Era shall not be liable for errors occurring as a result of a failure of the Client’s connection to the Website.

 

4. Price

4.1. The prices of the Products are indicated on the Website in South African Rands and are exclusive of all applicable taxes and any applicable surcharges. Barbed Era charges state, local and county taxes on online transactions, as required by applicable laws. Please note that your on-screen transaction total reflects estimated tax. The actual sales tax will be calculated when your order is shipped and may vary from the estimated tax. For online orders placed in store using cash (as the payment type), sales tax will be charged at the time of purchase. The sales tax will be calculated based on the shipping address. Delivery costs shall be added to the price of the Products and are indicated separately on the order form. For orders shipped to SADC region, Barbed Era collects the simplified sellers use tax on taxable transactions delivered into their countries and the tax will be remitted on the Client’s behalf to the Tax Department of Revenue of the country.

 4.2. Barbed Era regularly verifies that prices of the Products displayed on the Website are correct; however, Barbed Era cannot guarantee the absence of errors. In the event a Product is listed at an incorrect price, Barbed Era reserves the right, prior to delivery, to refuse or cancel orders placed for the Product listed at the incorrect price, regardless of whether the order has been confirmed or payment has been made. In such circumstances, Barbed Era shall offer the Client the opportunity to purchase the Product at the correct price. If the Client has already been charged for the purchase and the order is canceled prior to delivery, Barbed Era will issue a credit to Client's original form of payment. Credits for online orders placed in store using cash (as the payment type) will be issued in the form of a corporate check. 

 4.3. Barbed Era offers price adjustments for online purchases on first markdown only. Specifically, if a Product has been reduced from its full price, Barbed Era will credit the Client the difference. A price adjustment request must be made within ten (10) days of the order date for the price adjustment to be honored. The Client must contact Barbed Era by sending an email to assistance@barbedera.com. Barbed Era will refund the adjusted amount in the original form of payment.  Price adjustment refunds for online orders placed in store using cash (as the payment type) will be issued in the form of a corporate check.  Please note that a different price adjustment policy may be applicable for in-store (non-Barbedera.com) purchases.

 

5. Execution of the Contract

5.1.The essential characteristics and the price of each Product are displayed on the Website. The information displayed on the Website does not represent an invitation to treat by Barbed Era.

5.2.  Before submitting an order through the Website, Client shall read carefully all the instructions provided during the purchase procedure (also with regard to the delivery charges, the return policy and the privacy policy statement), along with these General Conditions.

5.3.  To purchase a Product, Client must (i) include the selected Product in the “Shopping Bag” by clicking on the relevant button, (ii) fill in the order proposal, (iii) select the payment method, (iv) accept the General Conditions and (v) send the order proposal to Barbed Era through the Website.

5.4.  Sending of the order constitutes an offer to purchase the selected Product, regulated under these General Conditions and binding for the Client (with no prejudice to the return policy under Section 10). The sending of the order proposal by the Client obligates the Client to pay the price of the ordered Product(s) if the order is accepted and confirmed by Barbed Era.

 5.5.  Any error/change in data entered by the Client in the order proposal may be corrected by the Client by following the process described on the Website, before sending the order proposal (by way of example: Client may change the quantity of Products that they intend to purchase by adding or removing one or more Products from their “Shopping Bag”).

5.6.  Without prejudice to the use of data described in the Privacy Policy statement, the order proposal and the Client’s data related to that order proposal may be kept by Barbed Era for the period required by applicable legislation. On the base of Barbed Era’s legitimate interest we can use personal data provided by You to make a purchase as a Guest to make a classification of our Guest profiles with reference to the amount of the purchases, purchases frequency, number and type of product purchased, country of billing and shipping, returns made.

 5.7.  An order proposal may be refused by Barbed Era prior to acceptance and confirmation of the order by Barbed Era at its sole discretion, including but not limited to the following circumstances:

(i) the Products are not available (with no prejudice to the provision set out under Sections 3.3 and 5.9); or

(ii) reported, or suspected, fraudulent or illegal activities, including suspected purchases for resale or commercial purposes; or

(iii) the Client has not fulfilled his/her obligations with respect to a prior contract executed with Barbed Era.

5.8.  The contract between Barbed Era and the Client is executed upon receipt by the Client of the acceptance and confirmation by Barbed Era of the order proposal sent through the process set out on the Website. The acceptance (or the refusal) by Barbed Era shall be sent to the Client via e-mail at the address provided by the Client in the order proposal ("Order Confirmation").

5.9. In case of unavailability of one or more of the ordered Products, the Client will receive an e-mail duly informing him about the unavailability of the Products. In this case, the order proposal will be cancelled or partially accepted only as to the available Products. In case of partial acceptance, the Client shall be charged only the price of the available Products.  In case an order placed in store using cash (as the payment type) is cancelled or partially accepted, a corporate check refund will be mailed to the billing address provided at the time of purchase within 5 to 12 business days.

5.10. The Order Confirmation will include a summary of the essential characteristics of the purchased Products, a detailed indication of the price and means of payment, information on delivery charges, information on the conditions and methods to exercise the right of withdrawal, including information on the return policy, the address to which complaints may be addressed, information on support services and on existing commercial terms.

Title to Products and risk of loss or damage during shipment pass from Barbed Era to Client upon delivery to the destination specified by the Client (F.O.B. Destination, freight prepaid and added).

 

6. Method of payment

6.1.  Payment of the price of the Products included in the order proposal and the relevant taxes, fees and delivery charges shall be paid by the Client by credit card, PayPal, Amazon Pay, Affirm, cash (in store Barbedera.com purchases only) or other means acceptable to Barbed Era.

 6.2.  Barbed Era currently accepts payments made with the following methods of payment:

Visa

MasterCard

American Express

Yoco

Pay later

PayPal

Payflex

Payfast

Cash (in store Barbedera.com purchases only, excluding 4Gift purchases and pre-order and back-order Products)

6.3.  The transactions will be charged to the Client’s selected form of payment only after:

(i) the payment method has been verified;

(ii) the authorization to charge the payment method has been received from the issuer or processor of the payment method used by the Client;

(iii) the availability of the Product has been confirmed by Barbed Era; and

(iv) the order is ready to be shipped, unless the order includes Made to Order Product(s) designed or customized to the Client’s specifications, in which case the transaction for such Product(s) shall be charged after steps (i) – (ii) above are complete, or the order is placed in store using cash (as the payment type), in which case Section 6.7 below will apply. 

 6.4. Except as set forth in Section 6.7 below, No charge shall be made at the moment of transmission of the order proposal, with the exception of any temporary charge necessary to confirm the payment method’s validity, if any. The temporary charge may vary depending on the payment method selected, as follows:

Credit card: full amount of the order, including applicable shipping charges and taxes

PayPal: full amount of the order, including applicable shipping charges and taxes

Amazon Pay: $1.00

It is understood that once the order is accepted and confirmed by Barbed Era, the temporary charge will be canceled and replaced by the amount due by the Client. In the event that the order is canceled by Barbed Era for any reason, this temporary charge will be canceled in accordance with the terms of the applicable payment method issuer or processor.

6.5.  In the event that, for any reason, it is impossible to charge the amount due by the Client prior to acceptance and confirmation of the order by Barbed Era, the contract will not be executed and the order will be cancelled.

6.6. Use of the Pay later payment method is subject to credit check and approval and may be ineligible for purchases of certain product categories. A down payment may be required. Payment options may vary based on your purchase. Three-month payment plans are available for purchases under Zar 10000. Three-and six-month payment options are available for purchases over Zar 10000.

6.7  Orders placed in store using cash (as the payment type) are paid in full at the time of order.

 

 

 

15. Applicable law and construction; Jurisdiction; Arbitration

15.1.  These General Conditions and, therefore, the Contracts executed with the Clients, are governed by and must be interpreted in accordance with the laws of the state of Johannesburg without regard to its conflict of laws provisions or choice of law rules. The General Conditions shall not be subject to the United Nations Convention on Contracts for the International Sale of Goods.

To the maximum extent permissible by applicable law, any claim, dispute, or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including, but not limited to, statutory, common law, intentional tort and equitable claims) arising from or relating to the Products, the interpretation or application of these General Conditions or the breach, termination or validity thereof, and/or the relationships which result from these General Conditions (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories hereto) (collectively, a "Claim") WILL BE RESOLVED, UPON THE ELECTION OF BARBED ERA, EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. Arbitration is a process established by law that allows parties to a transaction to agree to resolve their disputes by an independent arbitrator, rather than by a judge and jury. If arbitration is chosen, it will be conducted pursuant to the Rules of the American Arbitration Association. If arbitration is not chosen, the Claim shall be submitted to the exclusive jurisdiction of the state and federal courts in the Province of Gauteng, city of Johannesburg. If arbitration is chosen by Barbed Era with respect to a Claim, neither Barbed Era nor Client will have the right to litigate that Claim in court or to have a jury trial on that Claim or to engage in pre-arbitration discovery, except as provided for in the applicable arbitration rules or by agreement of the parties involved. Further, to the maximum extent permitted by applicable law, Client will not have the right to participate as a representative or member of any class of claimants pertaining to any Claim. Notwithstanding any choice of law provision included in these General Conditions, this arbitration agreement is subject to the Federal Arbitration Act. The arbitration will take place exclusively in the Province of Gauteng, city of Johannesburg. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). To the maximum extent permitted by applicable law, each party involved will bear its own cost of any legal representation, discovery or research required to complete arbitration. The existence or results of any arbitration will be treated as confidential. Notwithstanding anything to the contrary contained herein, all matters pertaining to the collection of amounts due to Barbed Era for the sale of Products will be exclusively litigated in court rather than through arbitration.

In the event of any Claim, the prevailing party shall be entitled to additionally recover reasonable legal expenses and costs, including attorney’s fees, from the other party.

15.2.  The headings used in these General Conditions are for reference purposes only and do not have contractual or binding effect.

 15.3.  If any provision herein is held invalid or unenforceable for any reason, the remaining provisions of these General Conditions will not be affected. In such event, the invalid or unenforceable provision will be replaced by a provision that comes closest to the original intent of the invalid or unenforceable provision or will be modified to conform to the most expansive permissible reading under the law consistent with the intention of the invalid or unenforceable provision.

 15.4.  The terms and conditions set forth herein constitute the entire agreement and understanding between the Client and Barbed Era with respect to the subject matter set forth herein and supersede all prior or contemporaneous communications or proposals, whether written or oral, and supersede all contrary representations contained in the Website, including but not limited to any statements of policy or answers to frequently asked questions.

15.5.  Barbed Era’s waiver of any provision of these General Conditions, failure to insist on strict performance of any term herein or failure to take advantage of any of its rights with respect to these Terms of Sale will not operate to excuse performance or waive any such right to require strict performance at any future time.

 

16. Warranty

16.1.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS SOLD THROUGH THE WEBSITE ARE SOLD "AS IS" WITH NO WARRANTIES EXCEPT AS STATED IN LIMITED WARRANTY CARDS AND BOOKLETS ACCOMPANYING SPECIFIC PRODUCTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BARBED ERA AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ALL OTHER WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF TITLE, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTY OF NONINFRINGEMENT, OR ANY WARRANTY RELATING TO THIRD PARTY SERVICES. Client acknowledges that no employee of Barbed Era or its affiliates is authorized to make any representation or warranty on behalf of Barbed Era or any of its affiliates that is not in these General Conditions. Barbed Era also makes no warranties to the Client with regard to the applicability of all laws and regulations affecting, without limitation the manufacture, performance, sale, packaging and labelling of the Products which are in force within the Client’s territory.

 

17. Limitation of Liability

17.1.  THE FOLLOWING LIMITATIONS OR EXCLUSIONS OF LIABILITY ARE VALID AND ENFORCEABLE IN THE PROVINCE OF GAUTENG, RSA, TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW; HOWEVER SOME OTHER JURISDICTIONS DO NOT ALLOW ALL OR PART OF THE FOLLOWING LIMITATIONS OR EXCLUSIONS OF LIABILITY AND, IF REQUIRED BY APPLICABLE LAW, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO THE CLIENT.

17.2.  TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SET FORTH HEREIN, BARBED ERA AND ITS AFFILIATES OR AGENTS WILL NOT BE LIABLE FOR: (A) ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS, REVENUES OR SAVINGS, INCLUDING IN THE EVENT THAT BARBED ERA HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES OR IF SUCH DAMAGES ARE OTHERWISE FORESEEABLE, IN EACH CASE, WHETHER A CLAIM FOR ANY SUCH LIABILITY IS PREMISED UPON BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY; OR (B) ANY CLAIMS, DEMANDS OR ACTIONS AGAINST CUSTOMER BY ANY THIRD PARTY.

17.3.  TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, NOTHING IN THESE GENERAL CONDITIONS SHALL EXCLUDE OR LIMIT (I) BARBED ERA’S LIABILITY IN CASE OF DEATH OR PERSONAL INJURY RESULTING FROM BARBED ERA’S NEGLIGENCE; (II) BARBED ERA’S LIABILITY IN CASE OF FRAUD, FRAUDULENT MISREPRESENTATION OR GROSS NEGLIGENCE; AND/OR (III) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.

17.4.  Barbed Era will not be responsible for and no liability shall result to Barbed Era or any of its affiliates for any delays in delivery or in performance which result from any circumstances beyond Barbed Era’s reasonable control, including, but not limited to, Product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, embargo, acts of God or acts or laws of any government or agency. Any shipping dates or delivery dates represented by Barbed Era are estimates only.

 

Social Media and Endorsement Policy

 

1. Purpose

Barbed Era RSA, Inc. (“Barbed Era”) is committed to transparency and honesty in all of its advertising messages and promotional communications with consumers. Therefore, Barbed Era hereby adopts this Social Media and Endorsement Policy (this “Policy”).

This Policy applies to all Barbed Era independent contractors, employees, agents, speakers, writers, bloggers, talent, endorsers and any other individual or entity engaged in promotional activities on behalf of Barbed Era, whether they are engaged by Barbed Era directly, or through an agency, representative of an agency, subsidiary, or franchise (collectively referred to herein as “Endorsers”).

This Policy is intended to outline the policies and procedures of Barbed Era with respect to any and all advertising messages or promotional communications made by Endorsers. It is also intended to address endorsements and testimonials made by Endorsers about Barbed Era, and/or its products and services, whether those endorsements and testimonials are made through “traditional media,” such as television commercials or print ads, or “new media,” or “social media,” such as websites, blogs, mobile applications or any other form of media that may be used by advertisers.

Endorsers are legally responsible for their opinions, comments and content. Individual Endorsers can be held personally liable by third parties for any commentary deemed to be defamatory; obscene; proprietary to, or owned by, others; or libelous to Barbed Era, its suppliers/partners or any other person or entity. For these reasons, Endorsers should exercise caution with regard to exaggeration, colorful language, guesswork, obscenity, materials used in content, conclusions, images and/or video, and derogatory remarks or characterizations.

In addition, Endorsers should at all times be mindful that, given advances in technology, opinions, comments or content may remain public, and may be archived, stored and retrievable, indefinitely.

 

2. Standards of Conduct

With respect to statements or other claims made in advertising messages or promotional communications about Barbed Era and/or its products or services, Endorsers must adhere to the following principles:

1. Endorsers may only make statements that reflect their honest beliefs, opinions, experiences or recommendations. Barbed Era encourages these statements to be in the first person. Endorsers may not make statements about experiences with a product that they have not personally tried, examined or evaluated.
2. Endorsements by organizations must reflect the collective judgment of the organization, as approved by senior management.
3. Endorsers may not make deceptive or misleading claims about Barbed Era’s products or services, or Barbed Era’s competitors’ products or services, to consumers.
4. Endorsers may not make any claims about Barbed Era’s products or services, or Barbed Era’s competitors’ products or services, that are not substantiated (i.e., claims may not be made about a product that would require proof that the Endorser does not have).
5. Endorsers may not engage in any communication that is defamatory or infringes upon the intellectual property, or privacy and publicity rights of others, including competitors.
6. Endorsers may not offer for sale, or solicit, products or services on behalf of Barbed Era.
7. Endorsers may not make offensive comments that have the purpose or effect of creating an intimidating or hostile environment, including telling lies or spreading rumors about Barbed Era or its affiliates and their respective Endorsers, officers, directors, shareholders, agents, representatives, licensees or competitors.
8. Endorsers may not use ethnic slurs, personal insults, obscenity, or other offensive language.
9. Endorsers may not make any comments or post any content that in any way promotes unsafe activities that could lead to an unsafe situation involving Barbed Era’s customers or other individuals.
10. Endorsers may not make any comments or post any content that may violate applicable local, state or federal laws or regulations.
11. Endorsers must adhere to the legal conditions on Barbed Era’s web site and the posting guidelines and Terms of Use on any web site on which they post content on behalf of Barbed Era.
12. Endorsers must strive for high quality with every comment or post, including adherence to basic spellchecking and rules of grammar.
13. Endorsers that are also employees of Barbed Era must also adhere to any and all guidelines provided by Barbed Era to its employees with respect to social media and related matters.
14. Endorsers must adhere to any specific additional guidelines provided by Barbed Era.
15. Endorsers must always use sound judgment and common sense.

 

3. Disclosure Requirements
4. Endorsers must clearly and conspicuously disclose and make readily apparent all “material connections” to Barbed Era in all advertising messages and promotional communications concerning Barbed Era and/or its products or services.
5. A “material connection” is one that could influence the weight or credibility a reasonable consumer would give to the communications or messages made by the Endorser. Such connections may be in the form of (a) consideration (such as monetary compensation, including fees or commissions; gift cards; event access; prizes; or free or discounted products or services) provided by Barbed Era (or any of its agents acting on its behalf) to the Endorser, or (b) a relationship between Barbed Era and the Endorser (such as employment or contractual relationships).
6. Some examples of appropriate material connection disclosures are:

- I received [product] from Barbed Era as a gift;

- [Thanks to][Courtesy of] Barbed Era, I was given this [product]

- Barbed Era sent me [product] to try;

- Some of the products reviewed in this blog post were sent to me by Barbed Era;

- This post is a paid advertisement for Barbed Era;

- I am an employee of Barbed Era.

These are simply examples of appropriate disclosures and variations on these examples may be appropriate based on the context. The key is to make it apparent to the reasonable consumer that Barbed Era provided the subject product or service, as opposed to the Endorser independently purchasing or obtaining the subject product or service.

iii. It is not sufficient to make a single disclosure on a home page or legal terms/disclaimer page that, for example, “many of the products I discuss on this site are provided to me free of charge by their manufacturers.” Disclosures should be tied to the specific products at issue and readily apparent to readers of the particular blog post.

1. When using a Twitter, Facebook, Instagram or similar platform, Endorsers should endeavor to include a link on their main profile page directing followers to a comprehensive disclosure statement.
2. Endorsers who post their own opinions, comments, content or recommendations about Barbed Era, and/or its products or services, must disclose that their views do not necessarily represent those of Barbed Era.

 

4. Third Party Endorsers

Endorsers that employ or contract with third parties to have such third parties deliver advertising messages or other promotional communications to consumers (e.g., advertising agencies, network marketing agencies and blogger networks) are also required to cause those third parties to agree to this Policy before engaging them to communicate to consumers about Barbed Era and/or its products or services.

 

5. Trademarks and Intellectual Property

All emblems, logotypes, insignia, designs, devices, colors, artwork, trademarks, trade names, service marks, trade dress and copyrights, and the commercial goodwill associated therewith, that at any time were or are owned, applied to be registered or registered (irrespective of class of goods/services), controlled, cleared for use by, or on behalf of, or licensed by Barbed Era or any of its affiliates may only be used or posted by Endorsers with the prior written consent of Barbed Era in each instance, strictly in accordance with the specific guidelines provided by Barbed Era.

 

6. Confidentiality

Endorsers may develop, have access to, or directly or indirectly be exposed to, information of a proprietary and confidential nature about Barbed Era (including without limitation its business operations and activities, strategic plans and financial information) which, if disclosed, could have a negative effect on Barbed Era. Endorsers shall keep confidential and not disclose any such information and, upon termination of an Endorser’s relationship with Barbed Era, the Endorser shall promptly return to Barbed Era any confidential information in the Endorser’s possession. In the event that there is any question as to whether particular information is confidential in nature, Endorsers must promptly contact Barbed Era for clarification and approval before posting, commenting, blogging or uploading content.

 

7. Press Inquiries

Endorsers’ endorsements and testimonials may generate media coverage. Media inquiries of any kind regarding endorsements or testimonials relating to Barbed Era, whether from online (news engines, bloggers) or mainstream (newspapers, magazines) media outlets, must be referred to Barbed Era using the Notice information below. Endorsers may not engage in any discussions or correspondence with any members of the media, or make any public oral or written statement, in each case regarding endorsements or testimonials relating to Barbed Era, without first consulting with, and receiving permission from, the appropriate authorized Barbed Era representative in each instance.

 

8. Questions

Any questions concerning the contents of this Policy should be referred to socialmediapolicy@barbedera.com.

 

9. Right to Modify Policy

Barbed Era reserves the right to amend, restate, supplement or otherwise modify this Policy at any time. In the event of a dispute as to the interpretation of this Policy, Barbed Era’s interpretation shall be final.