Terms & Conditions
Please read all these terms and conditions.
Welcome to Inspired Movement. Inspired Movement and its associates provide their services to you subject to the following conditions. Please read through them carefully. By continuing with accesses, registering, placing orders and purchasing off of this website you will be deemed to have read, understood and agreed to all of the Terms & Conditions included but not limited to the delivery policies, returns policies and payment policies.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are unsure about anything, just phone us on +27 (0)83 409 5833.
When entering contact information and registering on the website please ensure the absolute correctness of the information supplied. You will be responsible for all actions taken on our site when logged into your username or when placing final orders. Inspired Movement reserves the right to terminate our agreement with you without notice if any of the Terms and Conditions have been breached.
- These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Inspired Movement of 32 Southwell Manor, Becker Street, Port Alfred, Eastern Cape, 6170 with email address email@example.com; telephone number +27 (0)83 409 5833; (the Supplier or us or we).
- These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. By ordering any of the Services, you agree to be bound by these Terms and Conditions. Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked 'I Accept'. If you do not click on the button, you will not be able to complete your Order. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
- Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
- Contract means the legally-binding agreement between you and us for the supply of the Goods;
- Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order;
- Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
- Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
- Order means the Customer's order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
- Website means our website fevertree.net on which the Goods are advertised.
We try to ensure at all times the accurate representation of our current product range, however, we will, on rare occasions, be in an out-of-stock situation which may result in the availability of the product being misrepresented on the website. We will inform any customer as soon as is reasonable about any out-of-stock situations and will refund the purchase price of orders that cannot be fulfilled.
All delivery dates quoted are estimates only and may be subject to change. We do not accept any liability for any losses or damage for a change in delivery days or times.
- The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.
- In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
- All Goods which appear on the Website are subject to availability.
- We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
- Inspired Movement reserves the right to limit the sale of any products or services to any person or geographic region.
Personal information and Registration
- When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.
- We may contact you by using email or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
- The description of the Goods on our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
- The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
- A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (ie the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
- Any quotation is valid for a maximum period of 1 day from its date, unless we expressly withdraw it at an earlier time or indicate an extended quotation period, as specified on the quotation document.
- No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
- We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, eg by giving you rights as a business.
When you visit the Inspired Movement website and/or send email correspondence you are communicating with us electronically. You consent to us communicating with you electronically. We will therefore communicate with you via email or posting notices onto our website. You agree that all agreements, notices, disclosures and other communication that we provide to you electronically satisfy any legal requirement for such communications to be in writing.
Price, and Payment and account information
- Inspired Movement makes use of a third party payment facilitator, Payfast.
- The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
- Prices and charges include VAT at the rate applicable at the time of the Order.
- You must pay by submitting your credit or debit card details with your Order, or paying via EFT and we can take payment immediately or otherwise before delivery of the Goods.
We reserve the right to refuse any order placed and at our sole discretion limit or cancel quantities purchased per order. In this event, that changes are made to an order we will attempt to contact the customer via their contact details as supplied by them at check out. We reserve the right to prohibit or limit orders that appear to be placed by con-artists, scammers or extortionists.
You agree to supply accurate and current account information and agree to continually update personal information and account information for every purchase made via the website.
We want all of our customers to be happy and so we make every effort to deliver your product to you in the shortest possible time, to the most convenient location to make the process as simple as possible.
We use an expert courier company and have a flat fee of R99 for delivery (not included in the product price) anywhere in South Africa. Products will be delivered by the use of a nationwide courier company and delivered to the delivery address as indicated on your purchase form, please ensure that all of the information on the check out sheet is filled in correctly. Once the delivery address as specified on the order confirmation page is final and cannot be changed/correct after indicating an acceptance of the order either through payment or through clicking the accept/ok button.
All products will be delivered within 5-14 working days OR the timeframe specified on your order confirmation OR within a maximum of 30 days of the order confirmation and payment. It is the customer's responsibility to make themselves aware of any delays in delivery and make a note of the estimated delivery time as specified on your order confirmation page.
We are happy to inform you that thanks to our expert couriers we can offer deliveries to anywhere in South Africa.
We will not accept any time related returns if the product was delivered within the timeframe specified on the order confirmation page or email.
We will always do our best to deliver your product in the shortest possible time and we trust our couriers do their best as well, however working through a third party means that we do not always have complete control and occasionally we may experience a delay of some kind. On these very rare occurrences please do not hesitate to contact us at Inspired Movement on +2783 409 5833 or via firstname.lastname@example.org.
In the event of a time delay that failed to appear on the order confirmation, Inspired Movement will contact the customer as soon as is reasonably possible to inform them of such a delay, and of the new estimated delivery date and time, and offer them the choice of either a full refund in store credit or the option to continue with the order.
Please note that the delivery address as specified on the order confirmation page is final and cannot be changed/correct after indicating an acceptance of the order either through payment or through clicking the accept/ok button.
We take special care to ensure all products are delivered in the best possible condition. Please do not hesitate to contact us should you have a concern regarding the condition of the products purchased.
- We will deliver the Goods to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
- In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
- we have refused to deliver the Goods, or if delivery on time is essential, taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
- after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
- If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
- If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
- If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.
- We do not generally deliver to addresses outside of the Republic of South Africa. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
- You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
- If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
- The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.
Risk and Title
- Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
- You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
- Inspired Movement is not liable for any injury, death or damage caused either directly or indirectly from any use or misuse of any products purchased from our website.
Withdrawal, returns and cancellation
Our goal is to make everyone feel inspired, so if your purchase isn’t what you envisioned, if your dream outfit is damaged or too big, or if you are unsatisfied in any way, you can return the product to Inspired Movement and we will either send you a brand new one or give you store credit/gift voucher (as applicable), or a full refund in accordance with our Returns Policy below.
How to return a product
In order to make the return process as quick and painless as possible please take note of the following.
You are responsible for the following in a returns process;
- alert Inspired Movement immediately when a problem has arisen
- package the return product/s adequately and securly for transport;
- clearly indicate the return address and contact number on the package; and
- include all accessories or removable parts of the product
Failure to adhere to any of these requirements could delay the processing of your request or result in its decline altogether.
What can be returned ?
You can return an unwanted product to us, provided:
- It is undamaged and visibly unused and remains in the original condition
- all product tags are still on the garments
- It is not underwear or swimwear
- It is clearly unopened with all seals intact
- It is not opened or unsealed cosmetics or skincare
- It is not an unopened or unsealed consumable product or lifestyle/wellness product (including but not limited to shakes, cosmetics, powders, vitamins, sprays, tablets or cleaning products)
- You request a return within 30 days of delivery of the product
It will however, be your responsibility and at your expense to return the product to us. Once we have been able to assess the product and accepted the return conditions we will either refund the purchase price (excluding the transport fee), or give a gift voucher or store credit to the same value or replace the product. Please allow us 30 days from return to process the refund or replacement.
Can I exchange a product?
Certain products may be exchanged for a different sizes or colours, provided that the exchange product is in stock. Inspections of the product will be undertaken to assess the validity of your exchange.
What if we deliver the wrong product/s?
If we accidentally deliver someone else's order to you we will collect the product from you at no charge. The same applies to products that were incorrectly described on our website. Please note that if the incorrect delivery is of any fault of the customer the product will not be refunded.
What if my product is damaged on delivery?
If your product is damaged, unsealed or missing any parts or accessories at the time of delivery, please notify us immediately. Inspired Movement will arrange collection of the product and once we have inspected the product and validated the return we will replace your product provided there is available stock. If we have an out-of-stock situation we will credit your account with the purchase price of the product.
Withdrawal or cancellation
- You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
- This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:
- foodstuffs, beverages or other goods intended for current consumption in the household and which are supplied on frequent and regular rounds to your residence or workplace;
- goods that are made to your specifications or are clearly personalised;
- goods which are liable to deteriorate or expire rapidly.
- Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:
- in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.
Right to cancel
- Subject as stated in these Terms and Conditions, you can cancel this contract within 30 days without giving any reason.
- The cancellation period will expire after 30 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time (i.e. subscriptions), the right to cancel will be 30 days after the first delivery.
- To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (e.g. a letter sent by post, fax or email). We will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (e.g. by email) without delay.
- To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation in the cancellation period
- Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, excluding the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
Deduction for Goods supplied
- We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (i.e. handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: e.g. it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
Timing of reimbursement
- If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
- 14 days after the day we receive back from you any Goods supplied, or
- (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
- If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
- We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
- If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at 32 Southwell Manor, Becker Street, Port Alfred, Eastern Cape, 6170 without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
- For the purposes of these Cancellation Rights, these words have the following meanings:
- distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
- sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.
- We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
- Upon delivery, the Goods will:
- be of satisfactory quality;
- be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
- conform to their description.
- It is not a failure to conform if the failure has its origin in your materials.
Successors and our sub-contractors
- Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract.
Circumstances beyond the control of either party
- In the event of any failure by a party because of something beyond its reasonable control:
- the party will advise the other party as soon as reasonably practicable; and
- the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and any right to cancel, below.
- We will not sell your data or pass it on to anyone else without your permission
- We will not add you to our mailing list without your permission. However, if you make a purchase, you may get one or more confirmation emails, and emails updating you on your order’s shipping progress.
- We will use your data to make sure the content we share with you is optimised for you
- We will use your data to help us understand what our customers are interested in so that we can provide the best shopping and event management services possible
- We will use your data to ensure our advertising is delivered to people who are interested in it
- We make every effort to keep your data accurate and up-to-date
- Data submitted on forms on our website is kept safe using a secure sockets layer (SSL) and is stored with a U.S.-EU Safe Harbor Certified host
- We will make any of the data we have collected about you available to you and/or update your data or delete your data from our records at your request (email email@example.com)
Cookies and monitoring
Like most websites, we collect information and monitor some of the behaviour of our website users so that we can keep fevertree.net as up to date, relevant and error-free as possible, and so that we can understand our customers better.
Cookies are small text files we use to identify some kinds of information about our website users. If you do not consent to have cookies stored on your device, you can disable and delete cookies in your browser.
The cookies we store include those that help the website function, those that help us analyse the demographic makeup of our visitors and customers, and those that help us recognise returning users and visitors to our website.
We may monitor traffic to our site and collect the following information (as allowed by your settings):
The IP address of your computer, your location, operating system and browser type for system administration and anonymous aggregate statistical information along with the referring website from which you came to our website. This is statistical data about browsing actions and patterns, and does not identify any individual.
In order to store a wish list, add items to your shopping cart or make a purchase (among other activities) you will be required to create an account on inspiredmovement.co.za
When you do so, we will collect the information outlined above, along with additional personal information about you including but not limited to your name, email address, physical address and any other information you enter into the registration form.
We will also keep a record of any correspondence entered into with us.
We store your data with our hosting provider, MochaHost, which is Safe Harbor Certified, meaning that it complies with the U.S.-EU Safe Harbor program and meets EU standards for adequate standards of privacy protection.
- To make ongoing improvements to our website based on this data.
- To ensure that our website is presented in the most effective manner for you, and for the device which you use to view it
- To analyse our visitors’ demographics and understand our visitors better, and understand our most popular sources of website traffic.
- To tailor our advertising to our visitors’ interests, and ensure we display our online advertising to people who are most likely to be interested in it.
- to carry out our obligations arising from any contracts entered into between you and us
Disclosure of personal data
We do not sell, trade, or rent your personal data or any personal identification information to others.
We may disclose your personal data:
- To other companies within our group.
- If we sell our business.
- To agents and service providers.
- In cases where we are required by law to pass on information or if we believe action is necessary for fraud, cyber crime or to protect the website, rights, personal safety of person/s.
We may also disclose aggregate statistics about visitors to our website (customers and sales) in order to describe our services to prospective partners (advertisers, sponsors) and other reputable third parties and for other lawful purposes.
If at any time you would like Inspired Movement to provide you with a copy of the data we have stored about you or delete your data, please send your request in writing to firstname.lastname@example.org.
Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
- before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
- we will only Process Personal Data for the purposes identified;
- we will respect your rights in relation to your Personal Data; and
- we will implement technical and organisational measures to ensure your Personal Data is secure.
For any enquiries or complaints regarding data privacy, you can contact us at email@example.com
- The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (eg loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer - because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession. (iii) any injury or death caused by any of the products when the product information is clear and accurate.
- We reserve the right to edit, alter or change any information including prices, products, specifications, descriptions. And may modify, edit or change any of the terms and conditions, policies or notices on the website. By visiting our website you shall be bound to the current version and that each customer is responsible for reviewing the current version each time you visit the site or complete a purchase.
- If any information supplied by Inspired Movement contains any errors, inaccuracies or omissions which may relate to, but not limited to, pricing, product descriptions, ingredients, promotions, offers, shipping, delivery times and availability. We reserve the right to correct any of these inaccuracies or omissions and to change or update information or cancel orders if any website or content supplied by the company is inaccurate.
We reserve the right to change information, prices, specifications and descriptions of listed goods, products and services. We may modify any of these terms and conditions, policies or notices at any time by posting the new terms and conditions, policies or notices (the “current version”) on this website. You acknowledge that by visiting our website from time to time you shall become bound to the current version and that you are responsible for reviewing the then current version each time you visit.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Inspired Movement or its content suppliers and protected by international copyright laws.
Reviews, Comments, Emails, and other user-generated content
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Inspired Movement reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Inspired Movement and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Inspired Movement and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Inspired Movement or its associates for all claims resulting from content you supply. Inspired Movement has the right but not the obligation to monitor and edit or remove any activity or content. Inspired Movement takes no responsibility and assumes no liability for any content posted by you or any third party.
Governing law, jurisdiction and complaints
- The Contract (including any non-contractual matters) is governed by the law of the Republic of South Africa.
- Disputes can be submitted to the jurisdiction of the courts of the Republic of South Africa.
- We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days. Customers may return purchases within 30 days from purchase, provided that the product is in the same condition it was delivered to the customer, and is returned with all original packaging. Any costs for the transportation of goods shall be borne by the customer.
- We are legally bound to adhere to the terms set out in the South African Consumer Protection Act, No 68 of 2008
Disclaimers, Exclusions, or Limitations
Disclaimer of warranties and limitation of liability this site is provided by inspired movement on an "as is" and "as available" basis. Inspired Movement makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site.
You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, Inspired Movement disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Inspired Movement does not warrant that this site, its servers, or email sent from inspired movement are free of viruses or other harmful components. Inspired movement will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
Attribution: Some portions of these terms and conditions were created using a document from Rocket Lawyer.