Terms & Conditions

Welcome to FrashionCart S.A. These Terms and Conditions (“Terms”) govern your access to and use of the FrashionCart website, mobile applications, marketplace, and related services (“Platform”). By accessing or using the Platform, creating an account, placing an order, or purchasing products through FrashionCart, you agree to these Terms. If you do not agree with these Terms, please do not use the Platform.

1. About FrashionCart

FrashionCart is a digital fashion marketplace that connects customers with independent fashion brands, designers, retailers, and other approved sellers. Unless expressly stated otherwise, products displayed on FrashionCart are supplied by independent third-party sellers (“Sellers”). FrashionCart may provide the technology, marketplace, payment facilitation, customer-support, and related services through which transactions are conducted.

2. Eligibility

You may use the Platform only if you are legally capable of entering into a binding agreement. Where an account is created on behalf of a business or organisation, the person creating the account represents that they have authority to act on behalf of that organisation.

3. User Accounts

You may be required to create an account to access certain features. You agree to:

• provide accurate information;
• keep your information up to date;
• maintain the confidentiality of your login credentials;
• not share your account with unauthorized persons;
• notify us of suspected unauthorized access; and
• accept responsibility for activities conducted through your account, subject to applicable law.

FrashionCart may suspend or terminate an account where there is reasonable evidence of fraud, abuse, unlawful activity, security concerns, or material violation of these Terms.

4. Marketplace and Sellers

FrashionCart is a marketplace and may facilitate transactions between customers and independent Sellers. Each Seller is responsible for:

• the legality of its products;
• product descriptions;
• product quality;
• product authenticity;
• stock availability;
• fulfilment;
• warranties applicable to its products; and
• compliance with applicable laws.

FrashionCart may verify Sellers and remove listings that violate applicable law or FrashionCart policies.

5. Product Information

We and our Sellers make reasonable efforts to ensure that product information is accurate. However, product colours may appear differently depending on your device and display settings. Product availability, descriptions, prices, and specifications may change without notice before an order is accepted. If a material error is discovered after an order has been placed, we will take reasonable steps to notify you and provide the remedies required by applicable law.

6. Prices

Prices displayed on the Platform will be shown in the applicable currency. Where applicable, prices will identify or incorporate taxes and other mandatory charges in accordance with applicable law. Delivery charges, where applicable, will be displayed before you complete your purchase. FrashionCart reserves the right to correct pricing errors before an order is accepted.

7. Orders

Submitting an order constitutes an offer to purchase the selected products. An order is not necessarily accepted merely because you have received an automated order acknowledgement. An order may be rejected or cancelled where:

• the product is unavailable;
• there is a material pricing or listing error;
• payment cannot be verified;
• fraud or unauthorized activity is suspected;
• the Seller cannot fulfil the order; or
• cancellation is otherwise permitted by law.

Where payment has already been made and the order is cancelled, the applicable refund will be processed in accordance with our Refund Policy and applicable law.

8. Payment

Payments may be processed through third-party payment service providers. You authorize the applicable payment provider to process the payment associated with your order. FrashionCart does not ordinarily store complete payment-card information where the payment processor handles that information. Payment processing is subject to the terms and security procedures of the applicable payment provider.

9. Delivery

Delivery times and delivery charges will be communicated during checkout or in the applicable product information. Delivery may be performed by FrashionCart, a Seller, or an independent logistics provider. Delivery dates are estimates unless expressly stated otherwise. For further information, please see our Shipping & Delivery Policy.

10. Returns, Refunds and Exchanges

Returns, refunds, and exchanges are governed by our Returns, Refunds & Exchanges Policy and applicable South African consumer-protection law. Nothing in these Terms is intended to remove or reduce any mandatory consumer rights.

11. Customer Responsibilities

You agree not to:

• use the Platform for unlawful purposes;
• impersonate another person;
• provide fraudulent information;
• interfere with Platform security;
• introduce malicious software;
• attempt unauthorized access;
• scrape or systematically copy Platform content without permission;
• use the Platform to commit fraud;
• infringe intellectual-property rights; or
• interfere with another user’s use of the Platform.

12. Intellectual Property

The FrashionCart name, logo, website design, software, graphics, text, interfaces, and other Platform materials are owned by or licensed to FrashionCart unless otherwise stated. You may not reproduce, distribute, modify, sell, or commercially exploit FrashionCart intellectual property without prior written permission. Seller trademarks, photographs, and product content remain the property of the applicable Seller or rights holder, subject to the licences granted to FrashionCart.

13. User-Generated Content

Where the Platform allows reviews, comments, photographs, or other content to be submitted, you remain responsible for the content you submit. You must not submit content that is unlawful, defamatory, fraudulent, abusive, discriminatory, misleading, or infringing of another person’s rights. By submitting content, you grant FrashionCart a non-exclusive licence to host, display, and use that content for operating and promoting the Platform, subject to applicable law.

14. Reviews

Customers may be invited to review products or Sellers. Reviews should reflect genuine customer experiences. FrashionCart may remove reviews that are fraudulent, abusive, unlawful, commercially manipulated, or otherwise violate our policies.

15. Third-Party Services

The Platform may contain links to or integrations with third-party services. FrashionCart is not responsible for the independent policies, security, availability, or content of third-party services. Use of those services may be subject to separate terms.

16. Privacy

Your use of the Platform is also governed by our Privacy Policy. The Privacy Policy explains how FrashionCart collects, uses, stores, and protects personal information. FrashionCart will process personal information in accordance with applicable privacy laws, including POPIA where applicable.

17. Platform Availability

We aim to maintain reliable Platform availability but do not guarantee uninterrupted access. The Platform may occasionally be unavailable because of maintenance, software updates, technical failures, security incidents, third-party service interruptions, telecommunications failures, or circumstances outside our reasonable control.

18. Warranties and Liability

Nothing in these Terms excludes or limits a right, warranty, or remedy that cannot legally be excluded or limited. To the maximum extent permitted by applicable law, FrashionCart will not be responsible for losses arising solely from circumstances outside our reasonable control. Where a product is supplied by an independent Seller, the Seller remains responsible for obligations relating specifically to that product, subject to applicable law.

19. Indemnity

To the extent permitted by law, you agree to indemnify FrashionCart against losses or claims arising directly from your unlawful, fraudulent, or negligent conduct, or from your breach of these Terms. This includes losses caused by misuse of the Platform, unauthorized access, or infringement of third-party rights.

20. Changes to Terms

FrashionCart reserves the right to update or amend these Terms from time to time. Continued use of the Platform after changes are posted constitutes your acceptance of the revised Terms. If any provision is found to be unenforceable, the remaining provisions will continue in full force and effect.

Contact

If you have any questions about these Terms, please contact FrashionCart through the official support channels made available on the Platform.