Updated: 1 August 2024

In these Terms & Conditions, “we”, “us” and “our” refers to Elegantly Devious (“the Platform”). Your access to and use of this website (including any purchase of goods advertised on this website) is provided subject to the following terms and conditions. The information and services on this website are intended for residents of South Africa only.

We reserve the right to update, amend or replace these Terms & Conditions at any time. Your continued use of this website after changes are published constitutes acceptance of the amended Terms & Conditions.

1. Marketplace, Sellers & Platform Role

Elegantly Devious operates as an online marketplace that connects independent third-party sellers (“Sellers”) with buyers (“Buyers”). Unless expressly stated otherwise, items listed on this website are offered and sold directly by Sellers. Elegantly Devious is not the Seller of the listed items and does not take ownership of goods listed for sale.

A sale contract is formed between the Buyer and the Seller when an order is accepted and paid for, subject to the Platform’s verification, payment and dispute processes. Sellers are responsible for listing accuracy, order fulfilment, dispatch, and compliance with applicable laws and platform rules.

2. Product Descriptions

1. We strive to ensure that items are described as accurately as possible on our website. However, we do not warrant that descriptions are error-free. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
2. Images are provided for illustrative purposes only. We do not guarantee that any image will reproduce in true colour or that any image will reflect or portray the full design options relating to that product.

3. Registration & Account Security

By registering on our site, you agree to provide accurate, current and complete information. You are responsible for maintaining the confidentiality of your account and password and for all activity that occurs under your account.

You must be at least eighteen (18) years of age to register, list, purchase, or sell on the Platform. By using this website you confirm that you are 18 years or older.

4. Orders, Acceptance & Supply

1. Items listed on this website are offered by Sellers and are available for dispatch to customers within South Africa only, unless otherwise stated on the listing.
2. We endeavour to keep listings current; however, we do not guarantee the availability of any item advertised on our website.
3. Packaging and delivery costs (where applicable) may be calculated at the time of purchase and displayed during checkout.
4. Where PUDO Lockers (or other delivery/collection methods) are used, you are responsible for collecting your package within the applicable collection window and for ensuring that collection details are accurate.
5. By placing an order, you agree that you are making an offer to purchase the listed item. If an order is accepted and paid for, it will be processed in accordance with the Platform’s payment and dispute processes.
6. Where applicable, Sellers may request additional information required to fulfil an order (for example, delivery address details). Buyers must ensure all required delivery information is correct.
7. If you are asked to provide any information such as name, address, or banking details, you do so at your own risk. While we take reasonable steps to protect information transmitted to us, we cannot guarantee absolute security, and we are not liable for losses arising from unauthorised access outside our reasonable control.

5. Order Cancellation Due to Error

Where an item has been listed with incorrect descriptive information or due to typographical error or similar oversight, we reserve the right to cancel the transaction. Where payment has been taken, we will facilitate a refund of the amount paid back to the original payment method, subject to verification and processing timelines.

6. Payments, Escrow Holding & Dispute Resolution

Elegantly Devious facilitates payments and may hold Buyer funds securely (including via escrow-style holding) until a transaction is completed or a dispute has been resolved. Where funds are held, payment may only be released to the Seller once the Platform’s requirements for completion have been met (for example, delivery confirmation and/or required verification).

In the event of a dispute, Elegantly Devious may pause the release of funds while an investigation is conducted. Buyers and Sellers agree to provide reasonable information and evidence upon request (including proof of delivery, photographs of packaging and items received, courier tracking details, and relevant communications) so the Platform may attempt to resolve the matter fairly.

7. Delivery, Risk & Title

1. Delivery terms and timelines will be set out on the website or during checkout.
2. Title to the goods passes in accordance with applicable law and the Platform’s payment process. Risk in the goods generally passes when the item is dispatched by the Seller, unless otherwise required by law or the Platform’s dispute process.
3. Buyers must inspect deliveries promptly and report any verified delivery issues within the timeframe set out below.

8. Returns, Refunds & Delivery Errors

Due to the nature of products sold on this Platform, all purchases are final and no returns are accepted for hygiene, health, and safety reasons, except where explicitly provided for in the Refunds & Returns Policy.

Refunds are exceptional and are only considered in accordance with the Refunds & Returns Policy. Where a Buyer has not received an order, or where a verified delivery error has occurred, Elegantly Devious may assist with dispute resolution and, where applicable, facilitate a refund from held funds once the claim has been verified and resolved.

In rare circumstances where an item is delivered to an incorrect recipient by mistake, a return may only be possible if the unintended recipient voluntarily agrees to return the item in an unaltered condition. Due to hygiene and resale considerations, most items cannot be returned in a saleable condition and a return cannot be guaranteed.

Any delivery errors, non-delivery claims, or concerns must be reported as soon as reasonably possible and no later than 24 hours after confirmed delivery or confirmed collection (including collection from a PUDO locker), together with clear photographic evidence of the item received and its packaging.

Where there is any inconsistency between these Terms & Conditions and the Refunds & Returns Policy, the Refunds & Returns Policy will apply in relation to refunds, returns, delivery errors, and disputes.

9. Site Access & Acceptable Use

1. When you visit our website, we grant you a limited licence to access and use our information for personal use.
2. You may not copy, reproduce, republish, distribute, display or exploit any content on this website for commercial use without our prior written permission, except as permitted by law.
3. You may not use any data mining robots or other extraction tools, nor may you attempt to interfere with the website’s security or functionality.

10. Hyperlinks

Linking to this website is not permitted without our prior written permission. We reserve the right to request the removal of any links to our website.

11. Intellectual Property Rights

1. The copyright to all content on this website including (without limitation) graphics, images, layouts and text belongs to us or we have a licence to use such materials.
2. All trademarks, brand names and logos used on this website are either owned by us or used under licence. Your access does not grant you the right to use any trademark without our prior written permission.

12. Comments, Feedback & Submissions

1. Any comment, feedback, idea or suggestion you submit to us (“Comments”) becomes our property. If we use your Comments in any way, you are not entitled to any compensation.
2. You warrant that any Comments you provide are lawful, original, and do not infringe the rights of any third party.

13. Disclaimers

1. While we take reasonable care in providing information on this website, we do not provide any warranty either express or implied, including without limitation, warranties of merchantability or fitness for a particular purpose.
2. To the extent permitted by law, any condition or warranty which would otherwise be implied in these terms and conditions is excluded.
3. While we take reasonable steps to keep this website free of viruses, worms, trojans and/or malware, we are not responsible for any damage to your computer system arising in connection with your use of this website or any linked website.

14. Limitation of Liability

To the fullest extent permitted by law, Elegantly Devious will not be liable for any loss whatsoever including consequential loss suffered by you arising from items sold by Sellers, delivery delays, or disputes, except where liability cannot be excluded by law.

Where liability cannot be excluded, our liability is limited (at our option) to resupplying the services or the cost of having the services supplied again.

15. Indemnity

By accessing our website and using the Platform, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses (including legal fees) arising from or in connection with your use of the website, your breach of these Terms & Conditions, your violation of any law, or your infringement of the rights of any third party.

16. Force Majeure

If a Force Majeure event causes delay or interruption for more than thirty (30) days, we may terminate access to the Platform by giving at least seven (7) days’ notice. “Force Majeure” means any act, circumstance or omission over which we could not reasonably have exercised control.

17. Jurisdiction

These Terms & Conditions are governed by and construed in accordance with the laws of South Africa. Any claim made by either party against the other which in any way arises out of these Terms & Conditions will be heard in Gauteng and you agree to submit to the jurisdiction of those Courts.

If any provision of these Terms & Conditions is held to be invalid, illegal or unenforceable, it will be read down only to the extent necessary to achieve validity. If necessary, the invalid provision will be removed and the remaining provisions will remain in full force and effect.

18. Privacy

1. We undertake to take reasonable steps to protect personal information you provide to us when accessing the website. However, you acknowledge that transmission of information via the internet is at your own risk.
2. Our compliance with privacy legislation (including POPIA) is set out in our separate Privacy Policy , which may be accessed at any time.