GENERAL T&C’s

1. Introduction

1.1 This website is accessed at www.ilovelemonade.com, related mobi-sites and software applications (the “Website”) and is owned and operated by Lemonade Stores (Proprietary) Limited (“Lemonade”, “we”, “us” and “our”).

1.2 These Website Terms and Conditions (“T&C’s”) govern the ordering, sale and delivery of Goods, and the use of the Website.

1.3 These T&C’s are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers on the Website (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website, you acknowledge that you have read and agree to be bound by these T&C’s.

1.4 The Website allows you to shop online for a range of goods (“Goods”).

1.5 Lemonade allows third party sellers to list and sell their Goods on the Website (each a “3rd Party”). Lemonade will indicate to you the Goods which are for sale by a 3rd Party. Certain terms in these T&C’s only apply to purchases from 3rd  Party’s, and others only apply to purchases from Lemonade. This will be made clear in the relevant clause.

2. Important Notice

2.1 These T&C’s apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).

2.2 These T&C’s contain provisions that appear in similar text and style to this clause and which –

2.2.1 may limit the risk or liability of Lemonade or a 3rd party; and/or

2.2.2 may create risk or liability for the user; and/or

2.2.3 may compel the user to indemnify Lemonade or a 3rd party; and/or

2.2.4 serves as an acknowledgement, by the user, of a fact.

2.3 Your attention is drawn to these T&C’s because they are important and should be carefully noted.

2.4 If you do not understand any T&C’s then it is your responsibility to ask Lemonade to explain it to you before you accept the T&C’s or continue using the Website. Nothing in these T&C’s is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Lemonade in terms of the CPA.

2.5 Lemonade allows the use of this Website subject to the T&C’s. By using this Website in any way, it is understood that you have accepted all the T&C’s unconditionally. You must not use this Website if you do not agree to the T&C’s.

3. Returns

3.1 Please refer to our Returns Policy for more information about returning products (and related refunds, replacements or repairs).  The Returns Policy forms part of these T&C’s.

4. Registration and use of the website

4.1 Only registered users may order Goods on the Website.

4.2 To register as a user, you must provide a unique username and password and provide certain information and personal details to Lemonade. You will need to use your unique username and password to access the Website in order to purchase Goods.

4.3 You agree and warrant that your username and password shall:

4.3.1 be used for personal use only; and

4.3.2 not be disclosed by you to any person.

4.4 For security purposes if you do not enter the correct username and password then you will be denied access to the site and you will not be able to buy and Goods.

4.5 You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of the order, except where the order is cancelled by you in accordance with these T&C’s.

4.6 You agree to notify Lemonade immediately upon becoming aware of suspect any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.

4.7 By using the Website you warrant that you are 18 (eighteen) years or older and of full legal capacity. If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound to these T&C’s and to be liable and responsible for you and all your obligations under these T&C’s.

4.8 You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Lemonade representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).

4.9 You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.

4.10 You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Lemonade representative.

5. Conclusion of sales and availability of stock

5.1 Registered users may place orders for Goods, which Lemonade or the 3rd Party may accept or reject. Whether or not Lemonade or the 3rd Party accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including the price) and receipt of payment or payment authorisation by Lemonade for the Goods.

5.2 NOTE: Lemonade or the 3rd Party will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and Lemonade or the 3rd Party come into effect (the “Sale”). This is regardless of any communication from Lemonade stating that your order or payment has been confirmed. Lemonade will indicate the rejection of your order (by Lemonade itself or the 3rd Party) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid or allocating a credit to your account.

5.3 Prior to delivery or where you collected the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or collection of the Goods, you may return the Goods only in accordance with the Returns Policy.

5.4 Putting Goods in a wishlist or shopping basket without completing the purchase process does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket  if stock is no longer available or the price thereof might change without notice to you. You cannot hold Lemonade or the 3rd Party liable if such Goods are sold out or the price has changed because the promotional period is over when you complete or attempt to complete the purchase cycle at a later stage.

5.5 You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by Lemonade, Lemonade 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. When Goods are no longer available after you have placed an order, Lemonade will notify you and you will be entitled to a refund or a credit to your account of any amount already paid by you for such Goods. 

5.6 In the case of Goods for sale by a 3rd Party, Lemonade relies on inventory information supplied by the relevant 3rd Party and Lemonade accordingly bears no liability for any inaccuracies in the information supplied to it. Consequently, should you order any Goods from a 3rd Party which are in fact sold-out, any resulting dispute should be resolved between you and the relevant 3rd Party, your respective rights and obligations being as set out in these T&C’s.

6. Payment

6.1 We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology and are provided through Third Party vendors secure gateways such as Paypal or a registered Bank.

6.2 Whether the Goods are for sale by Lemonade or a 3rd Party, payment can be made for Goods via –

6.2.1 debit card;

6.2.2 credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;

6.2.3 direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. Lemonade will not accept your order if payment has not been received;

6.2.4 Instant EFT;

6.2.5 cash on delivery and or collection (except where any of our exclusions apply, as listed in our FAQ); by selecting this option, you undertake to ensure that you have the exact cash on hand at the time of delivery and or collection. Cash on delivery is not available and notification will be provided when it is active;

6.2.6 MasterPass;

6.2.7 Lemonade Vouchers.

6.3 The above payment options are explained in more detail in our Frequently Asked Questions (“FAQ”): Payment, which is added to the T&C’s for reference.

6.4 You may contact us via our HELLO page to obtain a full record of your payment. We will also send you email communications about your order and payment.

6.5 Once you have selected your payment method (save for cash on delivery or direct bank deposit), you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.

7. Delivery of goods

7.1 Lemonade offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:

7.1.1 courier; or

7.1.2 self-collection at a Lemonade Store, available in Gauteng and Nelspruit only

7.2 For more information about delivery, please see our FAQs: Shipping and Delivery, which are incorporated into these T&C’s by reference. Our delivery charges are subject to change at any time, without prior notice to you. You will see the applicable delivery charges in your cart when you check out.

7.3 Where it accepts your order, Lemonade or the 3rd Party will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”). We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.

7.4 Lemonade’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. Lemonade is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.

8. Errors

8.1 We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy. 

8.2 Lemonade shall not be bound by any incorrect information regarding our Goods displayed on any third party websites such as Price Check.

9. Gift Vouchers & Coupons

9.1 Lemonade may from time to time make physical or electronic gift vouchers (“Gift Vouchers”) and promotional coupons or discounts (“Coupons”) available for use on the Website towards the purchase of Lemonade Goods. Gift Vouchers and Coupons can only be redeemed while they are valid and their expiry dates cannot be extended. More specifically:

9.2 Gift Vouchers

9.2.1 Gift Vouchers that are purchased by registered users are valid for 3 years after Sale. Gift Vouchers that Lemonade gives away for free are valid for the period stated thereon. In each case, if your Voucher has not been used within that period, it will expire.

9.2.2 Gift Vouchers cannot be used to buy other Gift Vouchers or Coupons. They do not accrue interest and are not refundable for cash once purchased. If your Gift Voucher value is insufficient for your order, you may make up the difference by paying via one of our other payment methods.

9.2.3 Lemonade is not responsible for any harm due to the loss, unauthorised use or unauthorised distribution of a Gift Voucher, after it has delivered the Gift Voucher to you or the email address nominated by you.

9.3 Coupons

9.3.1 There are two types of Coupons; a Coupon with a fixed amount of a discount, e.g. R100 off (“Fixed Coupon“), and a Coupon with a percentage discount, e.g. 10% off (“Percentage Coupon“).

9.3.2 Coupons are issued in Lemonade’s sole discretion and we are entitled at any time to correct, cancel or reject a Coupon for any reason (including without limitation where a Coupon has been distributed in an unauthorised manner). Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific T&C’s regulating when and how they may be used.

9.3.3 As a general rule, and unless specified otherwise on the specific Coupon itself:

9.3.3.1 each Coupon can only be used once;

9.3.3.2 only one Coupon can be used per order;

9.3.3.3 only one Coupon can be used on the Website per person per promotion/campaign;

9.3.3.4 Percentage Coupons may only be redeemed on purchases with a total cart value of less than R5,000;

9.3.3.5 where a Percentage Coupon has been used and you wish to cancel any items in the order prior to making payment, the entire order must be cancelled. You will be issued with a new Percentage Coupon and will need to place the order again, without the item that you wished to cancel;

9.3.3.6 a Coupon must be used at check-out – it cannot be used later on existing orders; and

9.3.3.7 the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.

9.3.4 Coupons cannot be used to buy Gift Vouchers or other Coupons, and cannot be exchanged or refunded for cash or credit. Lemonade is not responsible for any harm due to the loss, unauthorised use or distribution of a Coupon.

9.3.5 If for any reason a Coupon does not reflect on the final amount due from you at check-out, you can contact us at hello@ilovelemonade.co.za to confirm if the Coupon is still valid.  If Lemonade confirms that the Coupon is still valid and you have already placed your order, you can choose whether to cancel the order and place it again with the Coupon, or you can use the Coupon on your next order within the limitations of the specific Coupon’s T&C’s.

9.3.6 You may be required to submit the original communication containing the Coupon code, and any other information reasonably requested by Lemonade, before you are able to use a Coupon.

10. 3rd Party Sellers

10.1 Lemonade will indicate on relevant product pages and checkout pages when Goods are for sale by a 3rd Party. In such cases Lemonade only provides the platform to facilitate transactions between 3rd Party and Lemonade customers. Lemonade is neither the buyer nor the seller of these Goods unless otherwise specified.

10.2 The Sale formed on acceptance of your order (in accordance with clause 5.2) for Goods that are for sale by a 3rd Party is therefore solely between the registered user and such 3rd Party. Lemonade is not a party to that sale.

10.3 The 3rd Party is solely responsible to make the delivery of the Goods happen. The 3rd Party is also responsible to provide an invoice to the registered user if required.

10.4 Not all 3rd Party are registered VAT (Value-Added Tax) vendors. Only 3rd Party who are registered VAT vendors may charge VAT on Goods sold and issue a tax invoice in respect thereof. If a 3rd Party is not a registered VAT Vendor, it may not charge VAT on Goods sold and will not be in a position to issue a tax invoice in respect thereof.

10.5 Because Lemonade wants the registered user to have a safe and consistent experience, Lemonade will handle any returns under the CPA or the Electronic Communications and Transactions Act 2002 (“ECT Act”), by the registered user arising out of or in connection with the Sale between a registered user and a 3rd Party on behalf of the 3rd Party according to Lemonade’s own Returns Policy. Should such claim escalate into being a dispute, although Lemonade is entitled to become involved in an attempt to resolve it, Lemonade is not obliged to do so and any disputes must be resolved between you and the relevant 3rd Party alone.

11. Privacy policy

11.1 We respect your privacy and will take reasonable measures to protect it, as more fully detailed below.

11.2 Should you decide to register as a user on the Website, we may require you to provide us with personal information which includes but is not limited to –

11.2.1 your name and surname;

11.2.2 your email address;

11.2.3 your physical address;

11.2.4 your gender;

11.2.5 your mobile number; and

11.2.6 your date of birth.

11.3 Should your personal information change, please inform us and provide us with updates to your personal information as soon as reasonably possible to enable us to update your personal information.

11.4 You may choose to provide additional personal information to us, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.

11.5 Subject to clause 15.6 below, we will not, without your express consent:

11.5.1 use your personal information for any purpose other than as set out below:

11.5.1.1 in relation to the ordering, sale and delivery of Goods;

11.5.1.2 to contact you regarding current or new Goods or services or any other goods offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us);

11.5.1.3 to inform you of new features, special offers and promotional competitions offered by us or any of our divisions, affiliates and/or partners (unless you have opted out from receiving marketing material from us); and

11.5.1.4 to improve our product selection and your experience on our Website by, for example, monitoring your browsing habits, or tracking your sales on the Website; or

11.5.2 disclose your personal information to any third party other than as set out below:

11.5.2.1 to our employees and/or third party service providers who assist us to interact with you via our Website, email or any other method, for the ordering of Goods or when delivering Goods to you, and thus need to know your personal information in order to assist us to communicate with you properly and efficiently;

11.5.2.2 to our divisions, affiliates and/or partners (including their employees and/or third party service providers) in order for them to interact directly with you via email or any other method for purposes of sending you marketing material regarding any current or new goods or services, new features, special offers or promotional items offered by them (unless you have opted out from receiving marketing material from us);

11.5.2.3 to law enforcement, government officials, fraud detection agencies or other third parties when we believe in good faith that the disclosure of personal information is necessary to prevent physical harm or financial loss, to report or support the investigation into suspected illegal activity, or to investigate violations of these T&C’s;

11.5.2.4 to our service providers (under contract with us) who help with parts of our business operations (fraud prevention, marketing, technology services etc). However, our contracts dictate that these service providers may only use your information in connection with the services they perform for us and not for their own benefit;

11.5.2.5 to our suppliers in order for them to liaise directly with you regarding any faulty Goods you have purchased which requires their involvement; and

11.5.2.6 to any Third Party Seller for purposes of sending you an invoice for any Goods purchased from such Third Party Seller, which disclosed information will be limited to your email address (refer to clause 14 above).

11.6 We are entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, subpoena, order of court or legal process served on us, or to protect and defend our rights or property. In the event of a fraudulent online payment, Lemonade is entitled to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.

11.7 We will ensure that all of our employees, third party service providers, divisions, affiliates and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality obligations in relation to your personal information.

11.8 Ratings and Reviews: When you provide a rating or review of a Product, you consent to us using that rating or review as we deem fit, including without limitation on the Website, in newsletters or other marketing material. The name that will appear next to that rating or review is your First Name, as you would have provided upon registration. If you do not agree to this, please do not put any ratings or reviews on the Website. We will not display your Last Name, nor any of your contact details, with a rating or review.

11.9 We will –

11.9.1 treat your personal information as strictly confidential, save where we are entitled to share it as set out in this policy;

11.9.2 take appropriate technical and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;

11.9.3 provide you with access to your personal information to view and/or update personal details;

11.9.4 promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;

11.9.5 provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request; and

11.9.6 upon your request, promptly return or destroy any and all of your personal information in our possession or control, save for that which we are legally obliged to retain.

11.10 We will not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.

11.11 Lemonade undertakes never to sell or make your personal information available to any third party other than as provided for in this policy.

11.12 Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence.

11.13 If you disclose your personal information to any other person, such as an entity which operates a website linked to this Website or anyone other than Lemonade, LEMONADE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, HOWSOEVER ARISING, SUFFERED BY YOU AS A RESULT OF THE DISCLOSURE OF SUCH INFORMATION TO THAT PERSON. This is because we do not regulate or control how that person uses your personal information. You should always ensure that you read the privacy policy of any third party.

11.14 This website makes use of “cookies” to automatically collect information and data through the standard operation of the Internet servers. “Cookies” are small text files a website can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a website and allow a website to track usage behaviour and compile aggregate data that will allow the website operator to improve the functionality of the website and its content, and to display more focused advertising to a user by way of third party tools. The type of information collected by cookies is not used to personally identify you. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Website, and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Website will therefore be limited. If you do not disable “cookies”, you are deemed to consent to our use of any personal information collected using those cookies, subject to the provisions of this clause 15.

12. Changes to these T&C’s

12.1 Lemonade may, in its sole discretion, change any of these T&C’s at any time. It is your responsibility to regularly check these T&C’s and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.

12.2 Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended T&C’s have been displayed on the Website, you will be deemed to have accepted such changes.

13. Electronic communications

13.1 When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with our privacy policy as set out in clause 15 above.

14. Ownership and copyright

14.1 The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Lemonade, its advertisers and/or sponsors and/or is licensed to Lemonade.

14.2 You will not acquire any right, title or interest in or to the Website or the Website Content.

14.3 Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these T&C’s or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact us via our support@ilovelemonade.co.za.

14.4 Where any of the Website Content has been licensed to Lemonade or belongs to any third party, your rights of use will also be subject to any T&C’s which that licensor or third party imposes from time to time and you agree to comply with such third party T&C’s.

15. Disclaimer

15.1 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.

15.2 Whilst Lemonade takes reasonable measures to ensure that the content of the Website is accurate and complete, Lemonade makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by Lemonade’s representatives, Lemonade shall not be bound thereby.

15.3 Lemonade disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.

15.4 Although Goods sold from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without 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.

15.5 Any views or statements made or expressed on the Website are not necessarily the views of Lemonade, its directors, employees and/or agents.

15.6 In addition to the disclaimers contained elsewhere in these T&C’s, Lemonade also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Lemonade, its employees, agents or authorised representatives. Lemonade thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.

16. Linking to third party websites

16.1 This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These T&C’s do not apply to those Third Party Websites and Lemonade is not responsible for the practices and/or privacy policies of those Third Party Websites or the “cookies” that those sites may use.

16.2 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, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.

17. Limitation of liability

17.1 Lemonade cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Lemonade, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of our support@iloveloemonade.co.za.

17.2 LEMONADE 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 IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

17.3 YOU HEREBY INDEMNIFY LEMONADE 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 AND/OR ANY LINKED THIRD PARTY WEBSITE.

18. Availability and termination

18.1 We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.

18.2 Lemonade may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Lemonade will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.

18.3 If you fail to comply with your obligations under these T&C’s, including any incident involving payment of the price of an order for any Goods, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.

18.4 Lemonade is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website and/or have created multiple user profiles to take advantage of a promotion or Coupon intended by Lemonade to be used once-off by you, to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process payment on any order, and/or to cancel any order concluded between you and Lemonade, in whole or in part, on notice to you. Lemonade shall only be liable to refund monies already paid by you (see Lemonade’s Returns Policy in this regard), and accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.

18.5 At any time, you can choose to stop using the Website, with or without notice to Lemonade.

19. Governing law and jurisdiction 

19.1 These T&C’s and our relationship and/or any dispute arising from or in connection with these T&C’s shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these T&C’s.

19.2 In the event of any dispute arising between you and Lemonade, you hereby consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Gauteng Division, Johannesburg) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

19.3 Nothing in this clause 23 or the T&C’s limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

20. Notices

20.1 Lemonade hereby selects 46 Drysdale Road, Sundowner Ext2, Randburg, Johannesburg, as its address for the service of all formal notices and legal processes in connection with these T&C’s (“legal address”). Lemonade may change this address from time to time by updating these T&C’s.

20.2 You hereby select the delivery address specified with your order as your legal address, but you may change it to any other physical address by giving Lemonade not less than 7 days’ notice in writing.

20.3 Notices must be sent either by hand, prepaid registered post, or email and must be in English. All notices sent –

20.3.1 by hand will be deemed to have been received on the date of delivery;

20.3.2 by prepaid registered post, will be deemed to have been received 10 days after the date of posting; and

20.3.3 by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.

21. Complaints

21.1 We are a participant under the Consumer Goods and Services Industry Code and are bound by it. An electronic copy of this Code is available at http://www.cgso.org.za/downloads/. If you have a complaint about the goods or services provided by us or require information regarding our internal complaints-handling process, please get in touch with us via our support@ilovelemonade.co.za on the Website or you can contact us on +27 11 794 6638 between the following hours Monday to Friday 08:30 to 16:30.

21.2 If we don’t resolve your complaint within 15 (fifteen) business days of you having notified us of it, you are entitled to approach the Consumer Goods and Services Ombud (“CGSO”), to assist in resolving the dispute. The CGSO’s contact details are:  Website: http://www.cgso.org.za/ Sharecall: 0860 000 272 Email: complaints@cgso.org.za

22. Information

22.1 For the purposes of the ECT Act, Lemonade’s information is as follows, which should be read in conjunction with its product descriptions and other T&C’s contained on the Website:

22.1.1 Full name: STTRL (Pty) Ltd, a private company registered in South Africa with registration number 2018/260849/07

22.1.2 Main business: Retail stores and Online retailer

22.1.3 Physical address for receipt of legal service (also postal and street address):  (marked for attention: CEO and Legal)

22.1.4 Office bearers: Warren Tullidge, Steven Symons and Michael Thurman.

22.1.5 Phone number: +27 11 794 6638

22.1.6 Email address: support@ilovelemonade.co.za

23. General

23.1 Lemonade may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.

23.1.1 You may not cede, assign or otherwise transfer your rights and obligations in terms of these T&C’s to any third party.

23.1.2 Any failure on the part of you or Lemonade to enforce any right in terms hereof shall not constitute a waiver of that right.

23.1.3 If any term or condition contained herein is declared invalid, the remaining T&C’s will remain in full force and effect.

23.1.4 No variation, addition, deletion, or agreed cancellation of the T&C’s will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.

23.1.5 No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.

23.1.6 These T&C’s contain the whole agreement between you and Lemonade and no other warranty or undertaking is valid, unless contained in this document between the parties.

 

RETURN T&C’s

We want you to be happy with your purchase. If you are not completely satisfied, you can return the product to us and we will either repair / replace it, or credit your account, subject to the below terms. This Policy applies to products bought from Lemonade itself and from 3rd Party Sellers.

Certain parts of this Policy do not apply to Lemonade Unboxed Deals, reconditioned products or used products, and this is indicated in the relevant sections below. Lemonade Unboxed Deals are returned products that are offered for sale at discounted prices, because their original packaging is damaged, unsealed or missing, or the products show signs of handling and/or re-packaging.

This Policy forms part of the Lemonade T&C’s, and so words defined in the T&C’s have the same meaning in this Policy, unless the context indicates otherwise. Nothing in this Policy is intended to limit your statutory rights in any way.

Preparing your products for a return

To ensure your request is processed as quickly as possible you are responsible for the following when returning your products;

• package your products safely and securely for protection during transit;

• clearly mark your return reference number on the outside of the parcel. PLEASE DO NOT WRITE ON THE PRODUCT OR THE ORIGINAL PACKAGING; and

• include all accessories and parts that were sold with the product.

Failure to adhere to any of these requirements could delay the processing of your request or result in its decline altogether.

1. Unwanted products

You can return an unwanted product to us at no charge, provided:

• it is undamaged and unused, with the original labels and stickers still attached;

• save in relation to Lemonade Unboxed Deal, reconditioned products and used products, it is in the original packaging, which must be undamaged and in its original condition with all seals still intact (if applicable). Please refer to our FAQs for some examples;

• it is not missing any accessories or parts;

• you log a return on the Website within 30 days of delivery to you or collection by you of the unwanted product. After 30 days, you can only return a product if it is defective; and

• it is not one of the products listed below.

Changed your mind?

Where you have changed your mind and would like a credit for a product, you can return it – provided the product is not:

• a foodstuff, beverage or other product intended for everyday consumption;

• a beauty product or fragrance which has been used;

• an intimate product or jewellery for piercings, which for hygienic and public health reasons may not be returned; or

• a product which has been personalised for you or made to your specifications; or

• a flatpack furniture product that has been assembled after delivery.

We will collect the product from you at no charge or you can drop it off at one of our collection points. Once we have inspected the product and validated your return, we will credit your account with the purchase price of the product within 10 days of the return (or refund you if that is your preference).

Want to exchange?

Fashion products can be exchanged for a different size or colour variation, provided that such variation is available. A Lemonade Unboxed Deal, reconditioned product or used product can only be exchanged for a variation of the same Lemonade Unboxed Deal, reconditioned product or used product, if such variation is available. In such a case, we will collect the product from you and deliver the requested product to you at no charge. If such variation is not available, we will credit your account with the purchase price of the product within 10 days of the return (or refund you if that is your preference).

We are entitled to inspect the product to validate your return. Please refer to our FAQs for some advice on making sure that your product is returnable under this section.

Not what you ordered?

If we accidentally deliver the wrong product to you, or if the product is not as described on the Website, please notify us and we will collect the product from you at no charge. If the product is missing any accessories or parts, you will need to follow the process set out in section 2 below. Once we have inspected the product and validated your return, we will at your choice deliver the correct product to you as soon as possible (if the correct product is available); or credit your account with the purchase price of the product within 10 days of the return (or refund you if that is your preference).

2. Products damaged on delivery

Should a product be damaged or missing any parts or accessories at the time of delivery / collection, please notify us within 5 days of such delivery / collection by logging a return on the Website.

We will arrange to collect the product from you at no charge or you can drop it off at one of our collection points. Once we have inspected the product and validated your return, we will at your choice repair / replace the product as soon as possible (if such repair is possible/ we have the same product in stock to use as a replacement) or credit your account with the purchase price of the product (or refund you if that is your preference).

3. Defective products

We do our best to ensure that the products we deliver to you are of a high quality, and in good working order and without defects.

What is a defect? A defect is a material imperfection in the manufacture of a product or any characteristic of a product, which makes the product less acceptable than one would reasonably be entitled to expect in the circumstances. Please refer to our FAQs for some examples.

The following will NOT be regarded as defects and will not entitle you to a return under this section 3:

• faults resulting from normal wear and tear;

• damage arising from negligence, user abuse or incorrect usage of the product;

• damage arising from electrical surges or sea air corrosion;

• damage arising from a failure to adequately care for the product;

• damage arising from unauthorized alterations to the product;

• where the specifications of a product, although accurately described on the Website and generally fit for its intended purpose, do not suit you; and

• in relation to Lemonade Unboxed Deal or used products, signs of handling and/or repackaging.

Standard Warranty

If you have received a product which turns out to be defective or otherwise of poor quality (save for direct warranty products which are discussed below), please notify us as soon as reasonably possible after you become aware of the defect or poor quality, but in any event within 3 months after delivery / collection of the product (except in the case of an extended supplier warranty, which is set out below).

You can do so by logging a return via support@ilovelemonade.co.za, and we will arrange to collect the product from you at no charge or you can drop it off at one of our collection points. Once we have inspected the product and validated your return, we will at your choice repair / replace the product (if such repair is possible / we have the same product in stock to use as a replacement) or credit your account with the purchase price of the product (or refund you if that is your preference). If the repair / replacement takes longer than 21 days, we will get in touch with you to see if you would rather receive a credit / refund.

Where there is no extended supplier warranty period, unfortunately we cannot facilitate returns that fall outside of the 3-month period.

Where you request a repair / replacement of a Lemonade Unboxed Deal, reconditioned product or used product and a repair is not possible, we will see if we have a replacement Lemonade Unboxed Deal, reconditioned product or used product in stock (which is the same product, of the same nature and type, as the one sold), but if we do not, we will credit / refund you. A product in perfect condition (that is not a Lemonade Unboxed Deal, reconditioned product or used product) is not the same product as an Unboxed Deal, reconditioned product or used product. This is why Lemonade Unboxed Deal, reconditioned products and used products are discounted, compared to products in perfect condition.

Extended Supplier Warranty (stipulated on product page)

A product may have a supplier warranty that extends beyond the 6 month Standard Warranty. If such a product turns out to be defective more than 6 months after delivery / collection (save for direct warranty products which are discussed below), please notify us as soon as reasonably possible after you become aware of the defect, but in any event within the extended supplier warranty period after delivery / collection of the product.

You can do so by logging a return on the Website, and we will facilitate your return of the product to the supplier at no charge. Unfortunately we cannot facilitate returns that fall outside of the extended supplier warranty period.

Please note that any extended supplier warranty is subject to whatever T&C’s the supplier or manufacturer may impose. These are usually stated in a brochure or leaflet inside or on the product packaging. It is your responsibility to make yourself aware of any such T&C’s.

It is also important to note that it will be in the supplier or manufacturer’s discretion what remedy it can offer you. Lemonade is under no obligation to provide you with a credit, repair / replacement, as your remedy lies with the supplier or manufacturer. However, since we want your experience to be as good as possible, if the supplier or manufacturer has offered you a repair / replacement within the applicable extended supplier warranty and it takes longer than 21 days, we will get in touch with you to see if you would rather receive a credit / refund directly from us.

PLEASE NOTE: Unboxed Deals, certain reconditioned products and used products do not have extended supplier warranties and this will be made clear on the product description page.

4. Gift Vouchers & Coupons

There are two types of Coupons: a Coupon with a fixed amount of a discount, e.g. R100 off (“Fixed Coupon”), and a Coupon with a percentage discount, e.g. 10% off (“Percentage Coupon”).

Where you have used a Fixed Coupon to pay for an order, and you or Lemonade later cancels your order (or part thereof) prior to delivery of the relevant product(s), or you log a return of one or more products for a credit in accordance with the Returns Policy, the value of the Fixed Coupon will be deducted off the purchase price of the cancelled or returned product(s) (as applicable), and we will credit your account for the balance, if any (or refund you if that is your preference). We will also provide you with a replacement Fixed Coupon of the same value as the original Fixed Coupon used. Lemonade may in its sole discretion impose restrictions on the use of the replacement Fixed Coupon.  For any subsequent cancellations or returns arising out of the same order, we will credit your account as normal with the value of the returned product (or refund you if that is your preference).

Where you have used a Percentage Coupon  to pay for an order, and you or Lemonade later cancels your order (or part thereof) prior to delivery of the relevant product(s), or you log a return of one or more products for a credit in accordance with the Returns Policy, the value of the discount received using the Percentage Coupon will be deducted off the purchase price of the cancelled or returned product(s) (as applicable), and we will credit your account for the balance, if any (or refund you if that is your preference). We will also provide you with a replacement Fixed Coupon of the same value as the discount received using the original Percentage Coupon. Lemonade may in its sole discretion impose restrictions on the use of the replacement Fixed Coupon. For any subsequent cancellations or returns arising out of the same order, we will credit your account as normal with the value of the returned product (or refund you if that is your preference).

Wherever you have used a Gift Voucher to purchase a product that you later return for a refund in accordance with the Policy, we cannot refund you in cash for that portion of the purchase price which you paid using the Gift Voucher, but we will credit your account.

5. Bundles

There are two types of bundles: a bundle consisting of products that either we or you (as provided on our website) have combined together in a single bundle (“Bundle Deal“); or a bundle compiled by our supplier and supplied to us as a single unit (“Pre-packed Bundle“). All returns relating to bundles are subject to the terms of this Policy as read with the following provisions:

• Bundle Deal – You may return a Bundle Deal as a whole or any of its component products individually to us. If you qualify for a credit in respect of any component product, we will credit your account with the actual purchase price (after applying any applicable saving or discount) you paid for such a product as displayed in your order history.

• Pre-packed Bundle – Unless otherwise indicated by us, your return of a Pre-packed Bundle will only be accepted if you return all of its component products to us. Failure to do so may result in us declining the return of a Pre-packed Bundle.

6: Lay-Bys

  1. A Lay-by deposit is 30% of the purchase price with the total being paid over a period of 3 months with no interest.
  2. The agreement expires on date of final payment or 3 months after commencement, whichever comes first.
  3. You can cancel your lay-by at any stage in the 3-month period.
  4. All cancellations of any Lay-by payment plans carry a 10% handling fee of the total Lay-by agreement price. You will be refunded the balance upon cancellation.
  5. Lay-by goods shall remain the property of Lemonade until the final payment is made. We keep your item in-store until you have paid your Lay-by instalments in full.
  6. This agreement requires regular payments.
  7. This agreement may be terminated by the purchaser at any time prior to the expiry date, whereby Lemonade will refund the money already paid less the 10% handling fees.
  8. Should the agreement expire before full payment has been received, the purchaser will be entitled to a refund of the money already paid on a Lemonade Gift Card, less the 10% handling fees.
  9. Collection of Lay-by goods may only be done by the purchaser. If you would like somebody else to collect your Lay-by on your behalf, please provide them with a signed letter of permission and a copy of your ID.
  10. The minimum amount to place items on Lay-by is R1000.

Please note, items on sale or promotion are not available on Lay-by.

7: Charges and refunds

If you return a defective product to us, but you fail to return all of the accessories and parts that were sold with that product, we are entitled to (subject to applicable law) to refuse the return, only to replace the item that you did return, or to estimate the value of the missing accessories and parts and only to credit or refund you in respect of the returned item.

If you return a product that does not comply with this Policy, you may be liable to reimburse Lemonade for the cost of collecting the product from you and the cost of having the product returned to you.

Under no circumstances will donations be refunded.

Please note that we only refund to the payment method that you originally used – i.e. payment by credit card will be refunded to the same credit card, payment by EFT or COD (cash on delivery) will be refunded to your nominated bank account.

Responsible Disclosure Policy

At Lemonade, our business is built around the understanding that you, our customers come first. We aim to keep our website, mobile site and related software applications (“Website”), as well as the service offered on our Website (“Service”) safe for everyone to use, and data security is of the utmost importance. If you have discovered a security vulnerability in our Website or Service, we encourage you to contact us and disclose it to us in a responsible manner.

When security vulnerabilities are reported to us in compliance with this policy, Lemonade will validate and fix such vulnerabilities as soon as reasonably possible, in line with our commitment to the privacy, safety and security of our customers. We will not take legal action against you or terminate your access to the Service if you discover and report security vulnerabilities responsibly in compliance with this policy. Lemonade reserves all of its legal rights in the event of any noncompliance with this policy.

If you are looking to report another type of issue, which falls outside of the scope of this policy, for example if you are a current customer and you suspect fraudulent activity or suspect that your account may have been compromised, please use support@ilovelemonade.co.za. Your issue will be investigated immediately and thoroughly.

Reporting a Security Vulnerability

If you think that you have found a security vulnerability in our Website or Service, please contact us immediately via support@ilovelemonade.co.za. When reporting a security vulnerability, you must do the following:

• Include as much information as possible in your report, as we require a way to reproduce the security vulnerability in order to validate and fix it. “Proof-of-Concept” programs, tools, or test accounts that you’ve created are welcome, and the following information is required:

• the URL where the vulnerability occurs;

• if applicable, the parameter where the vulnerability occurs;

• the type of the vulnerability;

• a step-by-step instruction how to reproduce the vulnerability;

• a demonstration of the vulnerability, by screenshots or video; and

• if applicable, an attack scenario (an example attack scenario may help demonstrate the risk and get the issue resolved faster).

• Do not share your findings with anyone until Lemonade has had adequate time to investigate and deploy a fix. We will notify you when the security vulnerability has been patched.

• Consider telling us how to identify you.

We’re particularly interested in:

• XSS attacks

• SQL injection

• Remote code execution

• Circumventing permission limitations

• CSRF attacks

Restrictions

At Lemonade, we welcome “white hat” security researchers, and appreciate your research and proactive responsible disclosure. Please note however that Lemonade does not permit you to do any of the following:

• access, modify or destroy a Lemonade customer’s account or data;

• interrupt or degrade our Service;

• execute a “Denial of Service” attack;

• post, transmit, upload, link to, send or store any malicious software;

• send any unsolicited or unauthorized mail or messages;

• violate any applicable law;

• perform any testing that would result in any of the above; or

• attempt to do any of the above.

Contravening this policy in any way may result in us suspending or terminating your access to the Service, contacting the relevant authorities and/or pursuing any other remedies we have at law.

Our Commitment

If you identify a security vulnerability in compliance with this policy, Lemonade commits to:

• acknowledging receipt of your vulnerability report in a timely manner;

• confirming the validity of your report; and

• notifying you when the vulnerability is fixed.

We will unfortunately not offer any monetary rewards.

8: Email Disclaimer

DISCLAIMER: Confidentiality: This message has been sent as a part of discussion between STTRL (Pty) Ltd and the addressee whose name is specified above. Should you receive this message by mistake, we would be most grateful if you informed us that the message has been sent to you. In this case, we also ask that you delete this message from your mailbox, and do not forward it or any part of it to anyone else. Thank you for your cooperation and understanding. Security: STTRL (Pty) Ltd puts the security of the client at a high priority. Therefore, we have put efforts into ensuring that the message is error and virus-free. Unfortunately, full security of the email cannot be ensured as, despite our efforts, the data included in emails could be infected, intercepted, or corrupted. Therefore, the recipient should check the email for threats with proper software, as the sender does not accept liability for any damage inflicted by viewing the content of this email. Environmental: Is it necessary to print this email? If you care about the environment like we do, please refrain from printing emails. It helps to keep the environment forested and litter-free. Employees liability: The views and opinions included in this email belong to their author and do not necessarily mirror the views and opinions of the company. Our employees are obliged not to make any defamatory clauses, infringe, or authorize infringement of any legal right. Therefore, the company will not take any liability for such statements included in emails. In case of any damages or other liabilities arising, employees are fully responsible for the content of their emails.