LEGAL

The Stuttafords – #ILOVESTUTTAFORDS selfie Facebook Competition will commence on Friday the 11th November 2016 and conclude on Monday the 28th November 2016, where winners will be announced every Monday, Wednesday & Friday (see below for the specific draw dates).
The competition will be promoted on Facebook, twitter & via electronic email.
This offer is in no way sponsored, endorsed or administered by, or associated with, Facebook or Twitter. You understand that you are providing your information to Stuttafords and not to Facebook or Twitter. The information you provide will be used by Stuttafords for future marketing initiatives and by entering this competition you expressly authorise Stuttafords to utilise your information for that purpose.
This is a Facebook & Twitter competition. All entries must be submitted via Facebook or Twitter. In order to win the daily mystery prize fans must take a selfie of their favourite Stuttafords brand in a Stuttafords store using the appropriate #ILOVESTUTTAFORDS and share their post on facebook or twitter with their friends. The Campaign Hash tag is:  #ILOVESTUTTAFORDS
The draws will take place on Monday 14th November 2016, Wednesday 16th November 2016, Friday 18th November 2016, Monday 21st November 2016, Wednesday 23th November 2016, Friday 25th November 2016 & Monday 28th November 2016
6.The winners will be contacted telephonically or via Facebook

7. Winners will be notified telephonically or via a Direct Message on Facebook for their contact details and will receive their prizes once the competition closes. Prizes must be collected in-store or alternative arrangements made.

8. An independent auditor will supervise the Facebook draw. The decisions taken at the draw will be final and no correspondence shall be entered into.

9. Stuttafords and their suppliers, judges, employees, service providers and suppliers cannot be held responsible for any losses, damages or costs, howsoever arising, suffered as a result of your participating in a competition.

10.Delivery of prizes may be delayed by causes outside the control of Stuttafords and therefore we cannot be held responsible for any delays in issuing prizes.

11. The prize will be sent to your nearest Stuttafords store or as per alternative arrangements made which must be reasonable.

12. Unless expressly stated otherwise these terms will apply to all competitions offered on this web site. In the event of conflict between these terms and the rules applicable to any specific competition, the specific competition’s rules will prevail.

13. All competitions offered on this website will be open to residents of South Africa only unless expressly stated otherwise.

14. Anyone working for Stuttafords or for the specified competition partner, or for any of our affiliated companies, or for any of our advertising, media or PR agencies, as well as any family members or associates of the aforesaid persons are prohibited from entering a competition offered on this website.

15.Prizes cannot be redeemed for cash, gift vouchers or exchanged for any other prize of equivalent value

16.The closing date for any competition will be as stated. No late entries will be accepted.

17. Entrants must be over 18 years of age. Entrants expressly declare that they are duly authorized to participate in the competition.

18. All entrants’ information can be used by Stuttafords for marketing communication.

19. We reserve the right to cancel any competition without notice at any time.

20. We may re-allot prizes if we are unable to contact selected winners within a 24 hour period, upon which another lucky draw will be performed. Please ensure that you provide the correct contact details to avoid this eventuality.

21. Any deviation from the rules and/or attempt to manipulate the outcome of the prize will result in disqualification.

22. Winners may be required to be photographed for publicity purposes or to participate in a radio or television broadcast. No fees will be payable to you in this regard.

23.Prizes are non-transferable in whole or in part, must be taken as stated and may not be sold to a third party. You must confirm acceptance of the prize as stated, failing which you will no longer be eligible for a prize, and that prize will be re-allotted.

24.If any prize offered is unavailable, we reserve the right to select alternative prizes of equivalent value and we reserve the right to modify, supplement or withdraw all or part of this competition without notice and no refunds of costs of entry will be payable.

25.Entrants acknowledge that in consideration of the prize offered to winners by us the winning entries may be released, performed or displayed to the public by us or any company connected with the promotion. This will be in the form of the winner’s name and place of origin. Entrants agree that we are the owner of all right, title and interest in all entries, including the entire copyright, whether now existing or howsoever, arising in the future, including all worldwide rights to promote, reproduce for commercial use or otherwise, edit, advertise and publicise, produce, record and reproduce by any art medium or method whether now known or later developed (‘Exploitation Rights’) to be exercised in our sole discretion throughout the world for the full term of copyright and other rights in the entries and all extensions thereof including for the avoidance of doubt the right to register any design rights and/or trademarks. Entrants undertake to do all things necessary, including the execution of any requisite documentation to transfer the Exploitation Rights to us, as and when requested by us.

26. Further, the entrant irrevocably and unconditionally waives all moral rights to which they may now or at any time in the future be entitled pursuant to any copyright law and under any similar law in force from time to time anywhere in the world in respect of all works referred to herein.

27. Stuttafords International Fashion Company (Pty) Ltd and their respective shareholders, directors and all staff shall not be liable in any way whatsoever for any loss, damage, injury or costs, howsoever arising, suffered as a result of your participation in a competition.

 #STUTTAFORDSsale Competition

We would like to announce the winner of our Beauty Competition. Congratulations to Delia Kaunda, Johannesburg who has won a YSL Beauty Makeover for her and a friend as well as Stuttafords gift hamper valued at R10 000. We will be sure to post pictures of her spoils

  1. The Stuttafords – #STUTTAFORDSsale Facebook Competition will run from Wednesday, 20 September 2016 – Monday, 3 October, 2016
  2. The competition will be promoted on Facebook, twitter & via electronic email.
  3. This offer is in no way sponsored, endorsed or administered by, or associated with, Facebook or Twitter. You understand that you are providing your information to Stuttafords and not to Facebook or Twitter. The information you provide will only be used by Stuttafords
  4. This is a Facebook competition only. All entries must be submitted via Facebook. In order to win fans must answer a question on Facebook using the selected hash tag and share the question with their friends. Campaign Hash tag:  #STUTTAFORDSsale
  5. 1 x Fan and 1 x Friend of their choice will stand the chance to win a makeover with the brand they voted for and each walk off with a Stuttafords hamper to the value of R10 000. Fans can enter by telling Stuttafords which Beauty brands is their favourite. All qualifying entrants will be entered into a lucky draw and the competition closes on Friday 28 September, 2016.
  6. The draw will take place on Monday, 10 October 2016.
  1. The winners will be contacted telephonically and via Facebook by 12, October 2016.
  2. Winners will be notified and asked via a Direct Message on Facebook for their contact details and will receive their prizes once the competition closes.
  3. An independent auditor will supervise the Facebook draw. The decisions taken at the draw will be final and no correspondence shall be entered into.
  1. Stuttafords and their suppliers, judges, employees, service providers and suppliers cannot be held responsible for any losses, damages or costs, howsoever arising, suffered as a result of your participating in a competition.
  2. Delivery of prizes may be delayed by causes outside the control of Stuttafords and therefore we cannot be held responsible for any delays in issuing prizes.
  3. The Hamper will be sent to the nearest Stuttafords store where the winner will have their makeover.
  4. Unless expressly stated otherwise these terms will apply to all competitions offered on this web site. In the event of conflict between these terms and the rules applicable to any specific competition, the specific competition’s rules will prevail.
  5. All competitions offered on this website will be open to residents of South Africa only unless expressly stated otherwise.
  6. Anyone working for Stuttafords or for the specified competition partner, or for any of our affiliated companies, or for any of our advertising, media or PR agencies, as well as any family members or associates of the aforesaid persons are prohibited from entering a competition offered on this website.
  7. No cash alternative is redeemable for any prize.
  8. The closing date for any competition will be as stated. No late entries will be accepted.
  9. Entrants must be over 18 years of age. Entrants expressly declare that they are duly authorized to participate in the competition.
  10. The judge’s decision will be final. We will not enter into correspondence.
  11. All entrants’ information can be used by Stuttafords for marketing communication.
  12. We reserve the right to cancel any competition without notice at any time.
  13. We may re-allot prizes if we are unable to contact selected winners within a 24 hour period, upon which another lucky draw will be performed. Please ensure that you provide the correct contact details to avoid this eventuality.
  14. Any deviation from the rules and/or attempt to manipulate the outcome of the prize will result in disqualification.
  15. Winners may be required to be photographed for publicity purposes or to participate in a radio or television broadcast. No fees will be payable in this regard.
  16. Prizes are non-transferable in whole or in part, must be taken as stated and may not be sold to a third party. You must confirm acceptance of the prize as stated, failing which you will no longer be eligible for a prize, and that prize will be re-allotted.
  17. If any prize offered is unavailable, we reserve the right to select alternative prizes of equivalent value and we reserve the right to modify, supplement or withdraw all or part of this competition without notice and no refunds of costs of entry will be payable.
  18. Entrants acknowledge that in consideration of the prize offered to winners by us the winning entries may be released, performed or displayed to the public by us or any company connected with the promotion. This will be in the form of the winner’s name and place of origin. Entrants agree that we are the owner of all right, title and interest in all entries, including the entire copyright, whether now existing or howsoever, arising in the future, including all worldwide rights to promote, reproduce for commercial use or otherwise, edit, advertise and publicise, produce, record and reproduce by any art medium or method whether now known or later developed (‘Exploitation Rights’) to be exercised in our sole discretion throughout the world for the full term of copyright and other rights in the entries and all extensions thereof including for the avoidance of doubt the right to register any design rights and/or trademarks. Entrants undertake to do all things necessary, including the execution of any requisite documentation to transfer the Exploitation Rights to us, as and when requested by us.
  19. Further, the entrant irrevocably and unconditionally waives all moral rights to which they may now or at any time in the future be entitled pursuant to any copyright law and under any similar law in force from time to time anywhere in the world in respect of all works referred to herein.
  20. Stuttafords International Fashion Company (Pty) Ltd and their respective shareholders shall not be liable in any way whatsoever for any loss, damage, injury or costs, howsoever arising, suffered as a result of your participation in a competition.

RETURNS & EXCHANGE POLICY

We will gladly exchange or refund any item in the form of a gift card

or account credit provided that:

  • It is returned within 30 days of purchase.
  • There is a valid proof of purchase (such as a till slip, account purchase slip or gift receipt).
  • It is in its original packaging or condition (the shrink wrap and/or security tag is still intact).
  • It is unworn, unused and the price ticket is still attached.

For hygiene reasons, underwear bottoms, swimwear without protective strip, hosiery that has been removed from the original packaging and earrings for pierced ears may not be exchanged or refunded.

Gift cards will not be exchanged for cash and no change will be given, however, the remaining balance will be retained on the gift card for future purchases.

TERMS AND CONDITIONS OF STUTTAFORDS ROYALTY REWARDS 2015 “WIN A GOLF GTI” COMPETITION

By entering this Stuttafords Royalty Rewards competition you agree to be bound by the following terms and conditions:

 

  1. Stuttafords International Fashion Company (Pty) Ltd (“the Organiser”) is conducting the competition (“the competition”)
  2. The competition is open to all residents of the Republic of South Africa aged 18 years and older and who are in possession of a valid identity document, except any director, member, partner, employee, agent or consultant of the Organiser, the marketing service providers or any person who directly or indirectly controls or is controlled by these entities, including their spouses, life partners, business partners or immediate family member

The Competition is exclusive to Stuttafords Royalty Rewards customers and closes at midnight on 31st December 2015. Any registration received after the closing time will not be considered.

  1. To enter, participants will be required to:
    1. Search for the Stuttafords App on your smart phone
    2. Download and register on the Stuttafords App
    3. Participants need only register as a Royalty Rewards customer once and are required to be registered as at the time of the draw
    4. Participant must enter their correct details. If a winner has given incorrect details, the Organiser reserves the right to select another winner in terms of the rules
  2. The winner will be announced by the 25th January 2016 or such other date that the Organiser deems appropriate.
  3. The winning entry will be drawn randomly by independent judges in the form of a random selection. The judge’s decisions shall be final and binding in all respects and on all entrants and no correspondence will be entered into.
  4. The winner will be required to verify their details in a manner determined by the Organiser.
  5. There is one prize (the “Prize”) of a VW Golf 7 GTI (“the Vehicle”)for the winner and can be collected at Lindsay Saker Edenvale (“the Dealership”), at a date and time mutually agreed between the winner, Stuttafords and the Dealership. The specifications relating to color, advertising stickers and the final specifications of the Vehicle are non-negotiable.
  6. The Organiser will contact the winner telephonically, via sms or e-mail. If the Organiser is unable to contact a Prize winner after reasonable efforts to do so, that person’s right to the Prize will be deemed to have been waived and the prize will be forfeited. The Organiser reserves the right to award the Prize to the next randomly drawn participant.
  7. Important Notice: The Organiser is not liable for any technical failures affecting participation in the competition and assumes no liability whatsoever for any entry that has been omitted from participation for any reason whatsoever.
  • The Prize is non-transferable, non-refundable and non-negotiable. There is no cash alternative. Stuttafords reserves the right, in its sole discretion, to substitute the Prize for anything of its choosing which has the same or a greater value than the original Prize, in the event of circumstances outside of its control.
  • The winner must be in possession of a valid driver’s license. Alternatively,the winner must take possession of the Vehicle while being accompanied by a person who is in possession of a valid driver ilicense
  • The winner will be responsible and liable for the following:
    1. Licensing and registering the Vehicle
    2. Signing of any indemnity forms required by either the Organiser or the Dealership
    3. Any additional expenses over and above the Prize will be for the winners own account
    4. Insurance after taking possession of the Vehicle
    5. Any other risks associated with the Vehicle after taking delivery of the Vehicle
  • Unless all parties agree in writing, if the Prize is not taken up for any reason within 30 (thirty) days of the notification it will be forfeited and a new winner may be drawn.
  • In the event of the prize not being available, despite the Organizer’s reasonable endeavors to procure the prize, the Organiser reserves the right to substitute the Prize for another prize of equal value.
  • You will retain the rights of ownership of any uploaded photos to Facebook, Twitter and Instagram. However, in consideration of providing the Competition, you will grant Stuttafords a worldwide, irrevocable, royalty-free license to use your Entry details, including any uploaded images,in any of Stuttafords publications, websites, promotional activities and any other materials, for 50 years from the closing date of the Competition. To the maximum extent permitted by any applicable laws from time to time, you hereby agree to waive all, and agree not to assert any, of your moral rights (or similar rights) wherever in the world arising which relate to your Entry. All material submitted becomes the sole property of Stuttafords and will not be returned. Stuttafords holds the right to remove any images uploaded to Twitter or Instagram (in relation to this competition) that they deem/see unfit or offensive to the brand.
  1. By entering the Competition you agree to the competitions rules and agree to abide thereto. You also agree to participate in all and any reasonable promotional activity and material as Stuttafords may require from time to time.
  2. Stuttafords reserves the right, in its sole discretion, to a) cancel this promotion, b) cancel or refuse any individual as bide, or c) amend these terms and conditions (and will use reasonable endeavors to notify changes to entrants and potential entrants).
  • Neither the Organiser, its agents, its associated companies, nor any directors, officers or employees of such, shall be liable for any loss or damage, whether direct, indirect, consequential or otherwise arising from nay cause whatsoever, which may be suffer by the participant.
  • The Organiser may refuse to award the Prize if entry procedures or these terms and conditions have not been adhered to or if it detects any irregularities or fraudulent practices.
  • These terms and conditions shall be subject to applicable laws governing the Republic of South Africa from time to time. By entering this competition, you consent, at Stuttafords sole discretion, to the jurisdiction of either the Magistrates Court or the High Court.

 

By entering this competition, you agree to receive promotional information by means of electronic mail or SMS from the Organiser, its agents or associated companies.

STUTTAFORDS ROYALTY REWARDS PROGRAMME – TERMS AND CONDITIONS

 

  1. DEFINITIONS AND INTERPRETATION:
    • Unless otherwise expressly stated, or the context otherwise requires, the words and expressions listed below shall, when Stuttafords use these terms and conditions, bear the meanings ascribed to them;
      • “Effective Date” in respect of each Member, means the date on which that Member registers for the Stuttafords Royalty Rewards Programme and is accepted and assigned a Royalty Rewards Programme Account Number by Stuttafords;
      • “Stuttafords” means Stuttafords International Fashion Company (Proprietary) Limited, a limited liability company established under the laws of the Republic of South Africa, with registration number 2004/004471/07, or any of its subsidiaries
      • “Stuttafords Royalty Rewards Programme” means the rewards programme established by Stuttafords for purposes of providing the Stuttafords Royalty Rewards to Members;
      • “Royalty Rewards” means the benefits that a Member is entitled to enjoy, including the ability to earn and redeem points for gift vouchers, goods and services, special discounts, exclusive offers, exclusive access to product launches and any other incentives that may be offered by Stuttafords from time to time via the Stuttafords Royalty Rewards Programme;
      • “Member” means any person who has registered as a Member of the Stuttafords Royalty Rewards Programme, in accordance with these terms and conditions and has been assigned a Stuttafords Royalty Rewards Account number;
      • “Parties” means each Member and Stuttafords and ‘party’ means any of them as the context may require;
      • “Redemption Rules” means the rules governing the conversion of Royalty Rewards into tangible benefits; and
      • “Transaction” means any purchase effected by a Member at any shop, outlet or store owned or operated or managed by Stuttafords by using his Stuttafords Royalty Account number at the point of sale operated by Stuttafords, including without limitation any refund or reversal of payment or other fees and charges levied by Stuttafords in respect of products and/or services provided from time to time and which rewards the Member eligible for Royalty Rewards in terms of the Stuttafords Royalty Rewards Programme. The following are specifically excluded from the definition of Transaction in terms of the Stuttafords Royalty Rewards programme;
        • the purchase of a Stuttafords Gift Card and / or Gift Voucher
        • costs associated with any alterations or tailoring
        • Airtime
        • any payments made, monthly fees and / or interest charged relating to the granting and / or utilisation of any credit facilities offered by Stuttafords or any of its affiliates
      • Unless the context clearly indicates a contrary intention –
        • an expression which denotes any gender includes the other genders, a natural person includes an artificial person and vice versa and the singular includes the plural and vice versa;
        • where any term is defined within a particular clause, other than the definition clause, that term shall bear the meaning ascribed to it in that clause wherever it is used in these terms and conditions.
      • Should any provision in a definition be a substantive provision conferring rights or imposing obligations on any party, then effect shall be given to that provision as if it were a substantive provision in the body of these terms and conditions.
      • Any reference to an enactment, regulation, rule or by-law is to that enactment, regulation, rule or by-law as at the Effective Date, and as amended or replaced from time to time.
      • When any number of days is prescribed, such number shall exclude the first and include the last day.
      • Any schedule or annexure to these terms and conditions shall form part of this agreement.
      • The use of the word “including” followed by a specific example/s shall not be construed as limiting the meaning of the general wording preceding it and the eiusdem generis rule shall not be applied in the interpretation of such general wording or such specific example/s.
      • The rule of construction that a contract shall be interpreted against the party responsible for the drafting or preparation of the agreement shall not apply nor shall these terms and conditions be construed in favour of or against any party by reason of the extent to which any party or its professional advisors participated in the drafting or preparation of these terms and conditions.
      • Recordals shall be binding on the parties and are not merely for information purposes.

 

 

  1. INTRODUCTION:
    • Stuttafords has established a rewards programme for its customers, in terms of which, it will offer and provide Royalty Benefits to those customers and persons who join the Stuttafords Royalty Rewards Programme, as Members.
    • These terms and conditions form the basis of the Stuttafords Royalty Rewards Programme and are intended to regulate the relationship between Members and Stuttafords.
    • It is the Member’s responsibility to read and understand these terms and conditions.
    • Every Member is subject to these terms and conditions and is deemed to have read and unconditionally accepted these terms and conditions.

 

  1. ELIGIBILITY, REGISTRATION AND PARTICIPATION:

 

  • Stuttafords shall be entitled, in its sole and absolute discretion, to determine who is eligible to become a Member of the Stuttafords Royalty Rewards Programme.
  • Any person may register to become a Member in any of the following ways, by –
    • completion of an application via the Stuttafords mobile application
    • completing an application form at any Stuttafords operated store
  • After the completion of the registration process, in accordance with 3.2, Stuttafords will authenticate the person. Only once the person has been authenticated by Stuttafords will the person, at the sole discretion of Stuttafords, be accepted as a Member and be allocated a Stuttafords Royalty Rewards Account number.
  • No person other than a Member shall be entitled to participate in the Stuttafords Royalty Rewards Programme.
  • Any person, whose membership has, in the last 2 years been terminated or cancelled by Stuttafords for default and/or breach of these terms and conditions, shall not be eligible to become a Member of the Stuttafords Royalty Rewards Programme.
  • The Member will be eligible to participate in any competition arranged or organised by Stuttafords and/or Stuttafords pursuant to or in connection with the Stuttafords Royalty Rewards Programme, provided that no employees of Stuttafords or Stuttafords/s (or their immediate families) shall be eligible to enter any competition. Prizes awarded in terms of the Stuttafords Royalty Rewards Programme are not transferable and have no monetary exchange value and may not be converted to cash.

 

  1. EARNING ROYALTY REWARDS:
    • Royalty Rewards may only be earned and accumulated with effect from the Effective Date. Stuttafords will not be obliged to award Royalty Rewards for Transactions effected prior to the Effective Date.
    • A Member can earn Royalty Rewards at any store specified by Stuttafords from time to time.
    • Subject to 4.6 and 4.9 below, Royalty Rewards will be accumulated directly to a Member’s Stuttafords Royalty Account as soon as the Transaction is recorded at a Stuttafords point of sale.
    • The Member agrees that Royalty Rewards are neither negotiable nor transferable.
    • A Member may not sell, issue, exchange, barter or redeem Royalty Rewards for cash.
    • Royalty Rewards may take up to 48 hours from the date upon which any Transaction is effected by a Member to reflect on a Member’s Royalty Account and become effective. In the event that Royalty Rewards are not reflected within this period, the Member must contact Stuttafords requesting the Royalty Rewards to be effected. If Stuttafords receives no objection concerning the allocation of Royalty Rewards within 7 days from the expiry of the 48 hour period, any Transaction and allocation of Royalty Rewards reflected in such Stuttafords Account shall be deemed to have been approved and ratified by the Member.
    • Royalty Rewards may be redeemed by the Member in accordance with the Redemption Rules applicable at the time of redemption.
    • A Member will earn Royalty Rewards in accordance with qualifying criteria relating to each specific transaction concluded at a Stuttafords store. This reward is at Stuttafords’ discretion and may be varied from time to time without notice.
    • PLEASE NOTE: Stuttafords reserves the right, at its election, to refuse to record or honour and to cancel, suspend or reverse any Royalty Rewards earned or accumulated if
      • the Royalty Rewards were awarded in error and/or accumulated by the Member as a result of fraud or pursuant to any illegal, ineligible or unauthorized Transaction;
      • a Transaction has not been fully settled by the Member or if Transactions have been reversed; or
      • the Member’s participation in the Stuttafords Royalty Rewards Programme is cancelled or revoked in terms of 7.
    • The Member needs to adhere to the Stuttafords Store’s refund policy for any returns or refunds and Stuttafords will reverse the Royalty Rewards associated with any returns or refunds.
    • Any cancellation/reversal/freezing of Royalty Rewards, in terms of 4.9 above, will be reflected on the Member’s Stuttafords Account. If Royalty Rewards are cancelled, reversed, frozen or for any reason become void the Member shall not be compensated therefore and such cancelled, reversed, frozen or void Royalty Rewards shall not be capable of being redeemed.
    • There are no limits on the number of Royalty Rewards that a Member can earn whilst a Member.
    • Stuttafords reserves the right to make certain products or services exempt from earning Royalty Rewards.
    • Save as otherwise provide in these terms and conditions, Royalty Rewards shall be valid for a period of 36 months from the date on which they are earned by a Member.

 

  1. REDEEMING ROYALTY REWARDS:
    • A Member shall be entitled to redeem, subject to Redemption Rules, the Royalty Rewards earned and accumulated in respect of Transactions for Royalty Benefits
    • A Member shall not be entitled to reverse, cancel or amend any redemption request referred to in 5.1 once received and/or effected by Stuttafords without Stuttafords prior written consent.
    • A Member shall not be entitled to reverse, exchange, barter, sell or claim any refund or any Royalty Benefits, nor shall the Member be entitled to convert any Royalty Benefits back into Royalty Rewards for any reason whatsoever, regardless of whether the Royalty Benefits and/ or voucher has not been used or has expired.
    • A Member shall bear all risk and liability for any Royalty Benefit received in terms of the Stuttafords Royalty Rewards Programme and to the extent that there is any dispute regarding any Royalty Benefits, such decision by Stuttafords will be final not subject to referral or conciliation by any other third party.
    • In the event that a Royalty Benefit is lost, stolen, destroyed or otherwise cancelled by any law, government action or similar event beyond the control of Stuttafords, Stuttafords shall not be liable howsoever to replace such Royalty Benefit or to reimburse the Member with the equivalent number of Royalty Rewards as were redeemed for such Royalty Benefit.
    • Stuttafords provides no guarantees, warranties or representations regarding Stuttafords, their agents, employees or directors, their status, eligibility, processes, products, Royalty Benefits, performance, services, systems or otherwise howsoever and the Member agrees that all risk relating to participation in the Stuttafords Royalty Rewards Programme shall be borne by the Member.
    • The number of Royalty Rewards required for a Royalty Benefit may be varied from time to time by Stuttafords in its sole and absolute discretion. All such amendments will be conveyed to the Member in such method as Stuttafords deems appropriate at the time.

 

  1. TERMINATION:
    • Stuttafords may, at any time, for any reason, but on notice to the Member, terminate a Member’s participation in the Stuttafords Royalty Rewards Programme. In such a case, the Member will have 30 days to spend any Royalty Rewards that have been accumulated, unless –
      • Stuttafords believes that the Member’s behaviour was inappropriate, constituted misconduct and/or is considered an abuse of the Stuttafords Royalty Rewards Programme;
      • The Member has breached these, or any other, terms and conditions relevant to the Stuttafords Royalty Rewards Programme; or
      • A fraudulent Transaction was conducted directly or indirectly by such Member, in which case, Stuttafords reserves the right and without prejudice to any of its other rights and remedies in terms of these terms and conditions and in law, to be exercised in Stuttafords’ sole discretion, to:
        • Procure that that Member forfeits all his/her Royalty Rewards in her Stuttafords Account;
        • Immediately terminate that Member’s membership to the Stuttafords Royalty Rewards Programme and/or
        • Reverse and / or cancel any Transaction relating to the aforementioned conduct and hold that Member liable for any value which that Member has received in terms of such conduct.
      • If Stuttafords terminates a Member’s participation in the Stuttafords Royalty Rewards Programme, Stuttafords will not be liable for any damages of any nature suffered by the Member or any third party.
      • Any Member may terminate its participation in the Stuttafords Royalty Rewards Programme by ceasing to accrue any benefits per 4.
      • Every Member accepts that Stuttafords may, in its sole and absolute discretion, from time to time amend, replace, withdraw or substitute the Stuttafords Royalty Rewards Programme or the terms and conditions relating thereto or any part thereof without incurring any liability whatsoever. Stuttafords shall give the Members notification of any such amendment, termination, withdrawal or substitution on its website (www.stuttafords.co.za/legal) or through any other appropriate medium that Stuttafords may deem fit. No alteration, amendment or termination of the Stuttafords Royalty Rewards Programme will affect any Royalty Rewards that have been accumulated at the time.

 

  1. LIMITATION OF LIABILITY:Stuttafords will not be liable for any loss or damage (including, without limitation, any direct, indirect, special, incidental or consequential damages, whether arising out of contract, statute or delict or otherwise and regardless of whether Stuttafords was expressly advised of the possibility of such loss or damage) arising as a result of –
    • Any damage which is suffered by the Member as a result of a loss, theft ;
    • Any interruption, malfunction, downtime or other failure of the Transaction processing software system or payment terminal or third party system or any component thereof for whatever reason;
    • The rejection of any Transaction at Stuttafords’ points of sale or checkout point;
    • Any product or service unavailability or price fluctuations, whether due to currency fluctuations, increase in taxes or otherwise;
    • Any loss or damage with regard to a Members personal information or any other data directly or indirectly caused by interception, malfunction of Stuttafords’ systems, third party systems, unlawful access to or theft of data;
    • Computer virus or destructive codes on Stuttafords’ systems or third party systems or programming defects; and
    • Any event which is beyond Stuttafords’ control, including but not limited to any delays, cancellations, strikes, or events of force majeure as defined in 8.2.

 

  1. FORCE MAJEURE:
    • Should Stuttafords or affiliate be prevented from fulfilling any of its obligations in terms of these terms and conditions as a result of an event of force majeure (as defined in 8.2) then those obligations shall be deemed to have been suspended to the extent that and for so long as Stuttafords is so prevented from fulfilling them, and the corresponding obligations of the customer shall be suspended to the corresponding extent.
    • An “event of force majeure” shall mean any event or circumstance of any nature whatever which is not within the reasonable control of Stuttafords including, without any limitation, vismaior, casus fortuitus, any act of God, strike, theft, fire, explosion, riot, insurrection or other civil disorder, war (whether declared or not) or military operations, international restrictions, any requirement of any international authority, any requirement of any government or other competent local, regulatory or other authority, any court or arbitral order, export control and any shortage of transport or other facilities.

 

  1. GENERAL:
    • In effecting any Transaction on behalf of a Member, Stuttafords shall not act nor shall it be deemed to be acting as the Member’s agent.
    • Copyright in all materials made available through the Stuttafords Royalty Rewards Programme is owned by Stuttafords protected by both RSA and other intellectual property laws. Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of any such material will constitute an infringement of that copyright. The trademarks, logos and service marks displayed relating to the Stuttafords Royalty Rewards Programme are registered and unregistered trademarks of Stuttafords. Nothing contained in the Stuttafords Royalty Rewards Programme should be construed as granting any licence or right to use any trademark, logos or service marks without a prior written permission of Stuttafords.
    • These terms and conditions shall be governed by and construed in accordance with the laws of the RSA. The Member hereby consents to the exclusive jurisdiction of the South Gauteng High Court, Johannesburg in respect of any dispute arising in connection with the Stuttafords Royalty Rewards Programme, or these terms and conditions or any matter related to or in connection therewith.
    • Otherwise than as required by law, Stuttafords shall not be responsible for issuing any tax or other certification, clarification or directive to the Member or be responsible for any tax liability or other government charge arising from the Stuttafords Royalty Rewards Programme.
    • If there is any conflict between these terms and conditions and any other terms, rules, regulations or procedures applicable to the Stuttafords Royalty Rewards Programme, these terms and conditions shall prevail.
    • The Member waives any rights he may have or obtain against Stuttafords arising directly or indirectly from any loss or damage of whatsoever nature, which the Member may suffer as a result of the Stuttafords Royalty Rewards Programme, the redemption of Royalty Rewards, any Royalty Benefit or matter incidental thereto or the acts or omissions of Stuttafords and agrees that Stuttafords is not responsible for any death or injury or direct or consequential loss or damage (including loss of profits or data) arising from the Stuttafords Royalty Rewards Programme.
    • The Member accepts that by participating in the Stuttafords Royalty Rewards Programme, Stuttafords may in its sole and absolute discretion send marketing and promotional information relating to the Stuttafords Royalty Rewards Programme to the Member and such information shall not be considered unsolicited by the Member. The Member has the right to request that Stuttafords not send any such information.
    • Any communication contained on the Stuttafords website or Mobile Application will be deemed to be sufficient communication or notice relating to the Stuttafords Royalty Rewards Programme and shall be binding on the Member.
    • Stuttafords shall not be held liable for any misrepresentation, action, omission or any incorrect information supplied by any of Stuttafords staff or affiliates.
    • By registering as a member of the Stuttafords Royalty Rewards Programme, the Member consents to Stuttafords collecting, processing, using and storing the personal information of the Members that the Member provides to Stuttafords, in Stuttafords’ sole discretion.

 

  1. COMPETITIONS:
    • Each and every competition will have its own rules, terms and conditions. Such rules, terms and conditions shall be available on the Stuttafords website (www.stuttafords.co.za)
    • Your entry into any Stuttafords Royalty Rewards Programme competition and/or your acceptance of a prize (in the event that you win a prize) constitutes your binding acceptance of the terms and conditions on behalf of yourself and any person with whom you may share a prize (in the event that you win a prize which is for you and one or more additional persons.
    • Any Stuttafords Royalty Rewards Programme competition is not open to –
      • Directors, members, Stuttafords, agents, employees or consultants of the Stuttafords Group or any supplier of goods or services in connection with the competition; and
      • The spouse, life partner, business partner or associate, or the natural or adopted parent, child, or sibling, of any of the persons specified in 10.3.1 above.
    • To become eligible as a winner, you must have complied with the particular competition rules.
    • It is the Members responsibility to ensure that your entry is received by Stuttafords prior to the closure of the competition. Any entries which are not received by Stuttafords prior to the closure of the competition will not be eligible to participate, regardless of the reason for the late entry. Stuttafords and its affiliates are not responsible for any entries which are not received by Stuttafords, whether timeously or at all, regardless of the cause thereof. Without limitation, Stuttafords and its affiliates are not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer hardware or software failure or malfunction, traffic congestion (whether physical, or on the Internet, telephone lines or at any service provider, web site or other device or medium), or any combination thereof, or any other technical or other problems.
    • Stuttafords and its affiliates are not responsible for any injury or damage to your or any other person’s computer, mobile telephone or other device used by you to enter into, or obtain any materials related to, the competition.
    • It is your responsibility to ensure that any information which you provide to Stuttafords is accurate, complete and up to date.
    • Any costs or expenses which you may incur other than in respect of those items specifically included in a prize are for your own account. Stuttafords will not be responsible for any costs or expenses which you, or your partner (if applicable), incur during and for purposes of your entry into the competition and your acceptance and/or use of a prize.
    • Stuttafords does not make any representations or give any warranties, whether expressly or implicitly, as to a prize, and in particular, but without limitation, make no representations and give no warranty that –
      • Your entry or participation in the competition will necessarily result in you winning a prize;
      • A prize, or any aspect thereof, will meet your, or, if applicable, your partners requirements, preferences, standards or expectations; or
      • A prize, or any aspect thereof, will be satisfactory, punctual, free from defects, safe or reliable.
    • Stuttafords and its affiliates will not be responsible for any harm, damage, loss or claim relating to the provision of any element of a prize or any changes to a prize that may be made at any time.
    • Prizes may not be deferred, changed or exchanged for cash or any other item.
    • You may not win a prize if it is unlawful for Stuttafords to supply such a prize to you. If you do win such a prize, you will forfeit it.
    • You must possess whatever documents and permissions that may be required in order to accept and use a prize, including, as regards international travel, a valid passport and all necessary visa and travel documentation, which documents and permissions it is your responsibility to obtain at your own cost, and which documents and permissions must remain valid in such minimum form and for such minimum period after the prize date as may be required by the relevant authorities.
    • The winners will be notified by means of the contact details provided to Stuttafords. If we are, or a third party supplier is, unable to contact a winner within 30 days or if the winner is unable to collect the prize within 60 days, the winner will forfeit the prize and Stuttafords reserves the right to re-draw a new winner under the same conditions.
    • [Note: this clause is prohibited to the extent that it is a condition for a Member to be awarded a prize]
    • We may require you to provide Stuttafords with such additional information as we may reasonably require in order to process and facilitate your acceptance and/or use of a prize.
    • In the event that you win a prize provided by a third party supplier, the supplier will contact you to arrange the collection thereof. In this regard, you must collect the prize at the time and date arranged with the supplier of the prize. All correspondence regarding the prize must be directed at the supplier of the prize. Stuttafords will not be responsible for any further correspondence, harm, damage, loss or claim relating to the provision of any element of the prize.
    • Stuttafords and its third party suppliers, as the case may be, reserve the right to vary, postpone, suspend, or cancel the competition and any prizes, or any aspect thereof, without notice at any time, for any reason which we deem necessary. In the event of such variation, postponement, suspension or cancellation, you agree to waive any rights, interests and expectations that you may have in terms of this competition and acknowledge that you will have no recourse against Stuttafords, their affiliates and third party suppliers.
    • You agree that your participation in the competition, and your acceptance and/or use of a prize, or any aspect thereof, is at your own risk.
    • Stuttafords and its affiliates will not be responsible, and disclaim all liability, for any loss, liability, injury, expense or damage (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, which is suffered by your participation in the competition or the acceptance and/or use by you, or your spouse (if applicable), of any prize, or by any action taken by Stuttafords or any of its affiliates in accordance with the terms and conditions.
    • You, and in the event of your death, your family, dependants, heirs, assignees or any other beneficiaries of your estate, indemnify and hold Stuttafords and its affiliates harmless against any claim by you, or your spouse (if applicable), (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, relating to any injury, loss, liability, expense and/or damage which you may suffer, howsoever arising, in relation to your entry into this competition and/or acceptance and/or use by you of a prize.
    • You acknowledge that the acceptance and use of a prize is subject to the proviso that –
      • All of the terms and conditions will apply to both you and Stuttafords (if applicable), and you will ensure that you agree to be bound and complies, and will continue to comply, therewith;
      • You indemnify and hold Stuttafords and their affiliates harmless against any claim by your spouse or any third party in the event that your spouse suffers any loss or damage pursuant to your spouses’ acceptance and/or use of a prize;
      • Any minor will be accompanied by a parent or legal guardian.
    • If you fail or, if your spouse (if applicable) fails, to comply with any of the terms and conditions, then without prejudice to any other remedy which we may have, –
      • You will be automatically disqualified and you will forfeit the prize/s (in the event that you have already won a prize);
      • you will pay Stuttafords for any loss or damage incurred by Stuttafords directly or indirectly as a result of your (or, if applicable, your spouses’) non-compliance, including all of Stuttafords legal costs (including attorney and own client costs) which we may incur in taking any steps pursuant to your (or your spouses’) non-compliance; and
      • you indemnify and hold Stuttafords and its affiliates harmless against any claim by any person, (whether direct, indirect, incidental, punitive or consequential) of any nature, whether arising from negligence or any other cause, relating to any death, injury, loss and/or damage which may be suffered howsoever arising in relation to your failure (or that of your Stuttafords, if applicable) to comply therewith.
      • For purposes hereof, “affiliate” means Stuttafords co promoters and sponsors of this competition, Stuttafords subsidiaries, Stuttafords and its subsidiaries and respective holding companies, the subsidiaries of their holding companies, and Stuttafords and its directors, officers, employees, agents and representatives.
      • These terms and conditions will be construed, interpreted and enforced in accordance with the laws of contract and dispute resolution in the Republic of South Africa
      • Stuttafords and the judges’ decision on any matter concerning the competition and/or arising out of these terms and conditions is final and binding on you, and no correspondence will be entered into.

All content included on this web site, such as text, graphics, logos, button icons, images, audio clips, databases and software, is the property of STUTTAFORDS or its content suppliers and protected by South African and international copyright laws. Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on this web site is the exclusive property of STUTTAFORDS and protected by South Africa and international copyright laws.
Without derogating from the above, STUTTAFORDS authorizes you to view, copy, download to a local drive, print and distribute the content of this web site, or parts thereof, provided that:
1. Such content is used for information purposes only;
2. Such content is used for non-commercial purposes. You are expressly prohibited from incorporating any of the material from this web site in any other work, publication or web site of your own or belonging to another.
3. Any reproduction of material from this web site or portion thereof must include this notice in its entirety.

The information, content, services, products and materials published on this web site, including without limitation, text, graphics and links are provided on an “as is” basis. STUTTAFORDS makes no representations or warranties of any kind, express or implied, as to the operation of this web site or the accuracy, correctness or completeness of the information, contents, materials, or products included on this site. Without limiting the generality of the aforegoing:
1. STUTTAFORDS does not warrant that this web site, will be error free, or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality; and
2. Whilst STUTTAFORDS has taken reasonable measures to ensure the integrity of this web site and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this web site are free of viruses, Trojans, bombs, time-locks or any other date or code which has the ability to corrupt or affect the operation of your system.

Although reasonable step have been taken to ensure the accuracy and completeness of the contents, data and information on this site, there may be instances where such information proves inaccurate or incomplete. Before placing any reliance on the data and information provided on this site please consult STUTTAFORDS directly. You should take all reasonable steps to ensure and verify the accuracy of the contents, data and information obtained from this site.

These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to the principles of conflicts of laws. You hereby consent to the exclusive jurisdiction of the High Court of the Republic of South Africa (WPD Division) in respect of any disputes arising in connection with this web site.

STUTTAFORDS is dedicated to maintain the privacy of its online visitors and users. On this site, STUTTAFORDS does not collect personally identifiable information from individuals unless they provide it to us voluntarily and knowingly.
Any information collected is used solely by STUTTAFORDS and its business partners who are involved in the operation of this site for internal purposes. STUTTAFORDS client lists are never sold to third parties, and we will not share personally identifiable information with third parties unless the person who has submitted the information has authorized us to do so, or if we are required to by law.

Should you violate these Terms and Conditions or any other rights of STUTTAFORDS, we reserve the right to pursue any and all legal and equitable remedies against you. If we should fail to enforce any right or provision in these Terms and Conditions, you agree that this failure does not constitute a waiver of such right or provision or of any other rights or provisions in these Terms and Conditions.
If a court should find that one or more rights or provisions set forth in these Terms and Conditions are invalid, you agree that the remainder of the Terms and Conditions shall be enforceable and that, to the extent permitted by law, the court shall give effect to the parties’ intentions, as reflected in any such right or provision that has been declared invalid or unenforceable.

The products and services (collectively, the “Products and Services”) offered by or through the STUTTAFORDS web site are made available subject to the following Terms and Conditions. By using the STUTTAFORDS web site, you agree to be bound by, and to comply with, these Terms and Conditions and any further Terms & Conditions that STUTTAFORDS may prescribe from time to time. STUTTAFORDS reserves the right to make changes to this site and these disclaimers, terms, and conditions at any time.

Please note that certain products are available at selected stores only.