1. Introduction

1.1. This website can be accessed at www.sikorepublik.co.za, related mobi-sites and software applications (the “Website”) and is owned and operated by Blac Lyon (Pty) Ltd t/a Sikorepublik.com (“Siko Republik“, “we“, “us” and “our“).
1.2. These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.
1.3. These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now”/”Sign up” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
1.4. The Website enables you to shop online for an extensive range of goods which may include active wear, street wear and accessories supplies (“Goods”).

2. Important Notice

2.1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
2.2. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which –
2.2.1. may limit the risk or liability of Siko Republik; and/or
2.2.2. may create risk or liability for the user; and/or
2.2.3. may compel the user to indemnify Siko Republik; and/or
2.2.4. serves as an acknowledgement, by the user, of a fact.
2.3. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.

2.4. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Siko Republik to explain it to you before you accept the Terms and Conditions or continue using the Website.
2.5. Nothing in these Terms and Conditions 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 Siko Republik in terms of the CPA.
2.6. Siko Republik permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.

3. Returns and Exchanges

3.1 Returns

Siko Republik will allow you to return or exchange an item of merchandise within 30 days from date of purchase provided that:
3.1.1. The original invoice is presented on return as proof of purchase.
3.1.2. The price (swing) ticket is attached.
3.1.3. The item has not been worn or used.
3.1.4. The item is in its original condition and packaging.
3.1.5. The item is returned in the country of purchase.
3.2. Refunds

Siko Republik will allow a full refund in the original method of tender:
3.2.1. All criteria in section 3.1 are met.
3.2.2. The credit card holder and relevant card are present for a credit card refund.
3.2.3. No refund can be processed in the case of a gift receipt being presented unless the original invoice is presented at the same time.
3.3. However, in addition to fulfilling the conditions in section 3.1 and 3.2, you note that:
3.3.1. No returns of end of season sale items will be permitted.
3.3.2. Swimwear must have the protective strip attached.
3.3.3. Returns of garments carrying an additional special tag will only be permitted if such tag is attached.
3.4. Non-returns

No returns of underwear, gift cards, or body piercing jewellery (including earrings) will be permitted.

4. Orders and Sales

4.1. Registration and use of the Website
4.1.1. Only registered users may order Goods on the Website.
4.1.2. To register as a user, you must provide a unique username and password and provide certain information and personal details to Siko Republik. You will need to use your unique username and password to access the Website in order to purchase Goods.
4.1.2.1. You agree and warrant that your username and password shall:
4.1.2.2. be used for personal use only; and
4.1.2.3. not be disclosed by you to any third party.
4.1.3. For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
4.1.4. 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 such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
4.1.5. You agree to notify Siko Republik immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
4.1.6. By using the Website you warrant that you are 18 (eighteen) years of age 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 Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.
4.1.7. 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 Company representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
4.1.8. You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
4.1.9. 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 Company representative.
4.2. Conclusion of Sales and availability of stock
4.2.1. Registered users may place orders for Goods, which Siko Republik may accept or reject. Whether or not Siko Republik accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by Siko Republik for the Goods.
4.2.2. NOTE: Siko Republik will indicate the acceptance of your order by delivering the Goods to you, and only at that point will an agreement of sale between you and Siko Republik come into effect (the “Sale”). This is regardless of any communication from Siko Republik stating that your order or payment has been confirmed. Siko Republik will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
4.2.3. Orders may not be cancelled after receipt of payment of the Goods by Siko Republik. After dispatch of your Goods, you may cancel the Sale only in accordance with the Returns Policy.
4.2.4. Placing Goods in a shopping basket without completing the purchase cycle 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. You cannot hold Siko Republik liable if such Goods are not available when you complete or attempt to complete the purchase cycle at a later stage.
4.2.5. You acknowledge that stock of all Goods on offer is limited. In the case of Goods for sale by Siko Republik, Siko Republik 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 placing an order, Siko Republik will notify you and you will be entitled to a refund of the amount paid by you for such Goods.
4.3. Payment
4.3.1. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
4.3.2. Payment can be made for Goods via –
4.3.2.1. 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 reserve the right 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;
4.3.2.2. Instant EFT via Payfast;
4.3.3. You may contact us via email at queries@sikorepublik.co.za to obtain a full record of your payment. We will also send you email and SMS communications about your order and payment.
4.3.4. Once you have selected your payment method and you accept these Terms and Conditions, you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.
4.4. Delivery of goods
4.4.1. Siko Republik offers one method of delivery of Goods to you, which is via courier.
4.4.2. Please see details of our delivery and shipping terms and conditions in our FAQ: Shipping Information, which is incorporated by reference.
4.4.3. Where it accepts your order, Siko Republik 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.
4.5.Errors

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.

5. Changes to these terms and conditions

5.1. Siko Republik may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions 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.
5.2. 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 Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.

6. Electronic communications

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 the frequently asked questions under Privacy Policy.

7. Ownership and copyright

7.1. 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 Siko Republik, its advertisers and/or sponsors and/or is licensed to Siko Republik.
7.2. You will not acquire any right, title or interest in or to the Website or the Website Content.
7.3. Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact our Admin Manager at e-mail queries@sikorepublik.co.za

8. Disclaimer

8.1. 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.
8.2. Whilst Siko Republik takes reasonable measures to ensure that the content of the Website is accurate and complete, Siko Republik 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.
8.3. Siko Republik disclaims liability for any damage, loss or liability, 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.
8.4. 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.

9. Governing law and jurisdiction

9.1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions 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 Terms and Conditions.
9.2. In the event of any dispute arising between you and Siko Republike, 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.
9.3. Nothing in this clause 9 or the Terms and Conditions limit your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.