Terms of Use


Introduction

By accessing or using this site, you (the “Customer” indicate your unconditional acceptance of these Terms of use (the “Terms of Use”). We reserve the right, in our sole discretion, to update or revise these Terms of Use. Your continued use of the site following the posting of any changes to the Terms of Use constitutes acceptance of those changes. When you purchase items on our site you enter into a binding agreement which is governed by the Terms of Use.
Minimum Requirements
To place an order with Snow White you are confirming that you are of the legal capacity to enter into a contract with Snow White (of the correct age, have authority to use the credit card etc.).
Effect
These Terms of Use shall prevail over any separate terms put forward by you. Any conditions that you submit, propose or stipulate in whatever form and at whatever time, whether in writing, by email or orally, are expressly waived and excluded. No other terms or changes to the Terms of Use shall be binding unless agreed in writing signed by us.
Sales and Pricing
  • Final checkout prices shown are inclusive of delivery where Flat Rate is selected, and are normally representative of the total that you will pay for the ordered Product. You agree to pay the shown price for the products selected.
  • Snow White reserves the right to change prices at any time until such a time as they issue a “Processing Order” notice. If the total price differs to what was shown at checkout you reserve the right to ask for a full refund instead of paying the difference. Your Order remains valid as an offer until we issue our Acceptance of Order. We shall not be under any obligation to supply the Product to you until we have accepted your Order. Unless expressly stating that we accept your order, an email, letter, fax or other Confirmation of your Order by us is purely for information purposes and does not constitute the Acceptance of Order. Delivery of the Order also constitutes the Acceptance of Order.
  • Prices on the Site (“berniessecret.co.za”) are in South African Rand unless otherwise indicated.
  • You shall pay for the Product in full at the time of ordering by supplying us with your credit or debit card details from a credit card company acceptable to us, which we require in order to process your Order via the secure Payfast merchant centre, but in any event we shall not be bound to supply before we have received cleared funds in full.
  • We may ask for further proof that you are fully entitled to use a card (or other form of payment) that you have used to purchase the Products before releasing your Product.
  • It is your responsibility to ensure that all details you have supplied us are correct and continue to be accurate. Any costs that may arise out incorrect details will be for the Customer’s account.
  • If you realize that you have made a mistake with your Order after you have completed the checkout process, please contact snowwhite@berniessecret.co.za immediately. However, we cannot guarantee that we will be able to accept any changes to your Order in accordance with your instructions.
  • In cases where there are more than one item on your Order, we reserve the right not to supply some Items that make up your complete Order. In such a case we will only refund you for the items that are not available.

Custom Orders

  • The products depicted in the catalogues are what we deem to be available via our supplier database however there may be instances where our Suppliers discontinue the manufacture of these items.
  • When you request a quote via our “Contact Us” page, we will contact those suppliers and request pricing in order to provide you with such quote. Snow White will also advise you of the sizes and colours available and an estimated delivery period.
  • Our quotes are valid for 7 days only and we reserve the right to adjust pricing on any custom orders due to R/$ fluctuations that may impact on the cost of ordering your product.
  • In the event you have placed a custom order with us, and the order is based on a product photograph of one of our suppliers, Snow White cannot be held liable if the product differs from that depicted in the photograph as we do not manufacture the products. We do endeavor to provide photographs of products in our online shop that truly depict the product in it’s form.
  • Snow White cannot be held liable for any instances where the product does not fit due to incorrect sizing provided as natural weight loss or gain are common factors that may result in products not fitting properly. The customer shall bear any cost of alterations if required.
Delivery & Returns
  • In the event you have placed a custom order with us, and you choose local pickup, we will provide you with a progress update and an estimated time of arrival. Once your product has arrived, we contact you to arrange pick-up.
  • In the case of online purchases, we aim to deliver the Product to you at the place of delivery requested by you during checkout. In the case of you selecting our flat rate delivery, we will contact you and request the address of a Postnet Office nearest to you.
  • We aim to deliver the item to you as quickly as possible. Due to the use of a Postnet delivery and the flat rate we offer, our delivery times may vary.
  • We shall aim to let you know if we expect that we are unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
  • On delivery of the Product, you may be required to sign for delivery. You agree to inspect the Product for any obvious faults, defects or damage before you sign for delivery. You must keep the receipt of the delivered product if you want to discuss the item further with us.
  • Please note that it might not be possible for us to deliver to some locations. If this is the case, we will inform you using the contact details that you provide to us when you make your order and arrange for cancellation of the Order or delivery to an alternative delivery address.
  • All risk and ownership of the Product shall pass onto you on delivery of the product. If you are not available to take delivery at the address you supplied (or delivery has not been able to take place by your fault) all risk and ownership will be passed to you from the time delivery was originally intended. From this point on Snow White is no longer liable for any loss or damage to the product.
  • Any damage incurred when opening the product is your fault and Snow White will not be liable. Please take care when using sharp objects.
  • If you are not available to take delivery or collection, costs for redelivery may be passed onto you.
  • At any stage during the delivery process, until you take delivery of the goods, Snow White may choose to cancel the order.
  • We do not warrant that products will suit your individual needs. We sell products with the best intentions but they are not manufactured by us.
  • If you feel you wish to return a product please reach out to Snow White’s customer service team. Returns may be accepted for two reasons: customer decision or faulty product.
  • Returns (where accepted) need to be dispatched back to us within 7 normal days of originally taking delivery. This includes any weekends and/or public holidays. In order for your return to be valid we need to have received a tracking number or the original product within this 7 day window.
  • Snow White reserves the right to change the returns policy at any stage without warning. It is the customer’s responsibility to ensure that they are aware of the returns policy at checkout.
  • Different Items may have different returns policies.
  • We DO NOT accept returns on lingerie or jewellery.
  • The cost of returning the Item is for the customer’s account.
  • We do not accept returns if the item is no longer in its original condition.
  • Snow White reserves the right not to accept returns for any reasonable reason. If the return has not been delivered to Snow White 7 normal days after first receiving the tracking number Snow White may assume the product will not be delivered and close off the application to return.
 Cancellation of Orders
  • We reserve the right, to refuse to accept or process payment on any order, and/or to cancel any sale concluded between you and Snow White, in whole or in part, if the Product is not available for any reason. We will notify you if this is the case and return any payment that you have made, and accept no liability which may arise as a result of such refusal to process any order/sale.
  • We will usually aim to refund any money received from you using the same method originally used by you to pay for the product.
  • If fraud is suspected we may choose not to refund the payment but rather contact the police and relevant banking authority immediately.
 Force Majeure
  • Snow White shall not be liable for any delay in performing any of its obligations under these Terms of Use if such delay is caused by circumstances beyond the reasonable control of Snow White, and Snow White shall be entitled to a reasonable extension of time for the performance of such obligations.
 Product Defects on Arrival
  • Our products will be delivered in a new or original condition unless specifically stated otherwise. If you feel the product that has been delivered is not in its original condition please reach out to us immediately and we will try to rectify the issue.
  • Please inspect the product before signing for delivery. If you sign for a product on delivery you are agreeing that you are happy with the obvious condition of the product that you have received.
Security
  • Any person that delivers or attempts to deliver any damaging code to this Site or attempts to gain unauthorised access to any page on this Site shall be prosecuted and civil damages shall be claimed in the event that Snow White suffers any damage or loss.
  • You agree and warrant that your log-in name and password shall be used for your personal use only and not be disclosed to any third party.
  • You allow Snow White to take all reasonable steps to ensure the integrity and security of the Site and back-office applications.
  • All credit card transactions on the Site are secured by Payfast Payment Gateway in order to provide the most effective protection possible for all sensitive payment information. Snow White does not access any confidential information about your means of payment.
Disputes
  • Between you and Snow White
  • Save for urgent or interim relief which may be granted by a competent court, in the event of any dispute of any nature whatsoever arising between you and Snow White on any matter provided for in, or arising out of these Terms of Use, and not resolved through the Snow White Team, then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa. The expedited arbitration rules may be downloaded from http://www.arbitration.co.za/downloads/expedited_rules.pdf
Address for Notices
  • Snow White chooses as its address for all purposes under these Terms of Use, whether in respect of court process, notice, or other documents or communication of whatsoever nature, the following email address: snowwhite@berniessecret.co.za. If you require a PO Box address please enquire with Snow White.
PRIVACY
  • Berniessecret.co.za, referred to below as Snow White, is an online retailer of consumer goods.
  • Snow White values our relationship with you and the other users of this website. We recognize that you may be concerned about our collection, use, and disclosure of your personally identifiable information that we may collect when you use the Web Site. Accordingly, we have implemented this Privacy Policy to inform you of the information that we collect from you, how we collect this information, and what we do with it after we collect it. If you have any questions or comments regarding this Privacy Policy, please contact us via our contact us page.
Snow White’s Commitment to Online Security
Your personal information is treated with the greatest of care. Sensitive payment information such as credit card details are NEVER stored with us nor do we have access to them.
How Your Information May Be Shared
  • We never sell or rent your personal information. Snow White may release personal information under the following circumstances:
  • Where release is required by law (for example, a subpoena) or regulation or is requested by a government agency;
  • Where our records indicate a company or an individual may be engaged in fraudulent activity or other deceptive practices that a governmental agency should be made aware of;
  • To appropriate persons, where your communication suggests possible harm to others.
Membership Registration
  • Our site’s registration form requires you to provide us contact information and may also require demographic information. We may use your contact information from the registration form to send you information about our company. Your contact information is also used to contact you when necessary.
Passwords
  • You are responsible for all actions taken with your username, email address and password. Therefore we do not recommend that you disclose your Snow White password to any third parties. If you choose to share your username, email address and password or your information with third parties to provide you additional services, you are responsible for all actions taken with this information and therefore you should review that third party’s privacy policy.
Security
  • Snow White uses PayFast to provide a secure environment for the authorisation of credit card and charge card transactions. Confidential information including card details are encrypted using industry standard SSL 128-bit encryption technology.
Cookies
  • Cookies are small pieces of information that are stored in a browser-related file on your computer’s hard drive when you use our website. We use cookies to improve the member experience. We also use them to deliver information and fresh content specific to your interests. Cookies are widely used on most major websites.