TERMS & CONDITIONS


The Terms and Conditions apply to you when you Rent or Buy Clothing from Livia and Co or visit the Website.

 

By clicking on the necessary tick box, replying by email / WhatsApp or hiring any Clothing on our website or Instagram page, or directly, you are bound by the Terms and Conditions and we are entitled to rely on the fact that you agree to Rent Clothing from us subject to the Terms and Conditions as set out herein.

 

  1. Definitions

In these terms and conditions, unless the context indicates a contrary intention, the following words and expressions bear the meanings assigned to them and cognate expressions bear corresponding meanings –

 

  • “Administration Fees” means the amount we charge you if there are Late Fees or Replacement Fees payable or if you cancel a Rent or if you return clothing or exchange clothing that does not fit;
  • “Clothing” means any dresses, clothing garments and other accessories available for rent from us, if the context so requires “Clothing” will also mean the specific Clothing which you have Rented from us;
  • “Rent”, “Rental” or “Rented” means the Rent of Clothing from us;
  • “Rent Cost” means the amount payable by you for the Rent, as indicated on the Website or as otherwise agreed with us in writing;
  • “Rent Period” means the period for which you Rent the Clothing as selected on the Website or as otherwise agreed with us in writing;
  • “Late Fees” means the amount payable for returning the Clothing after the Rent Period, being an amount equal to the Rent Cost for the Rent Period, or pro-rata for a four-day Rent period, whichever is longer;
  • “Replacement Fees” means the amount equal to the retail value of the Clothing which has not been returned or has been damaged or altered in any way, as is determined by us in our sole and absolute discretion, acting reasonably;
  • “Livia and Co”, “us”, “our” and “we” means Livia and Co Proprietary Limited, Registration number ?;
  • “Terms and Conditions” means the terms and conditions contained herein which regulate our relationship with you;
  • “User” and “you” means the individual making use of the Website and services provided by us; and
  • “Website” means the website and/or the Instagram page of Livia and Co from time to time.

Payment Options Accepted

  1. Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the Livia and Co bank account, the details of which will be provided on request.

 Card acquiring and security

  1. Card transactions will be acquired for Livia and Co via Payfast (Pty) Ltd which is the approved payment gateway for all South African Acquiring Banks. Payfast uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3), and no Card details are stored on the website. Users may go to www.payfast.co.za to view their security certificate and security policy.

Customer details separate from card details

  1. Customer details will be stored by Livia and Co separately from card details entered by the client on DPO Payfast’s secure site. For more detail on DPO Payfast refer to https://www.payfast.co.za/
  2. Merchant Outlet country and transaction currency
    The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).
  3. Livia and Co take responsibility for all aspects relating to the transaction including the sale of goods and services sold on this website, customer service and support, dispute resolution, and delivery of goods.
  1. Country of domicile
    This website is governed by the laws of South Africa and Livia and Co as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature. 
  2. Variation
  3. Livia and Co, in its sole discretion, change this agreement or any part thereof at any time without notice.

Company Information
This website is run by Glam Closet Sa private company based in South Africa trading as Livia and Co and with registration number 2022 / 475558 /07.

Applicability and amendments to the Terms and Conditions

  • The Terms and Conditions are applicable for the duration of your Rent (including any automatic extensions of the Rent Period due to the Clothing being returned late) and during any period thereafter including during any unsettled disputes in relation to your Rent or use of the Website.
  • Livia and Co retain the right to make minor and administrative amendments to the Terms and Conditions at any time without having to notify you.
  • Livia and Co will give you at least 5 (five) days’ notice of any material amendments to the Terms and Conditions.
  • If you are not happy with any amendments made then you may discontinue using our Rent services or visit our website.

 

  1. Use and Damage of Clothing and Late Returns
  • You will treat the Clothing with the highest standard of care.
  • You will not in any way alter (temporarily or permanently) the Clothing in any manner without our prior consent in writing.
  • Clothing will be returned on the expiry of the Rent Period and in the same condition as when Rented.
  • You will inspect all Clothing and it is your obligation and duty to record to us in writing immediately upon receipt of the Clothing if there is any damage, defect or wear and tear of whatsoever nature to the Clothing. We can then take note of such damage, defect or wear and tear. As long as you return the Clothing in the same condition as when Rented you will not be liable for this.
  • Unfortunately, we cannot Rent Clothing to you or other customers which have been damaged in any way whatsoever, whether due to your fault or another’s. Although we will try to fix (at your cost) any damage to the Clothing, we need to ensure that the Clothing is fit for its purpose and we need the Clothing to be ready for the next Rent. As such we have the right, to be exercised in our sole discretion, to charge you the Replacement Fees of any of the Clothing which is (i) not returned within 5 (five) calendar days of the end of the Rent Period; or (ii) damaged or altered in any way, for any reason whatsoever, whether due to your own fault or another’s.
  • Whenever the retail value of Clothing needs to be determined in terms of the Terms and Conditions, we make this determination but we will act reasonably in making such determination.
  • We have the right, to be exercised in our sole discretion, to charge you Late Fees if any Clothing is returned after the Rent Period.
  • We have the right, to be exercised in our sole discretion, to charge you a reasonable Administration Fee if any Replacement Fees or Late Fees are payable. This is to cover the cost of making arrangements to acquire new Clothing, following up with you on late delivery or lost Clothing, bank fees etc (this list is not exhaustive).
  • You authorise Livia and Co to debit the card which you used to make the payment of your Rent Cost for any Rent Cost, Replacement Fees, Late Fees or Administrative Fees payable in accordance with the Terms and Conditions.
  • Any Replacement Fees, Late Fees or Administrative Fees paid by you in terms of the Terms and Conditions are in addition to any Rent Cost.
  • If you fail to return the Clothing and have paid all the Replacement Fees, Late Fees and/or Administrative Fees (as may be applicable), you will own the Clothing. This “sale” is made on a voetstoots basis and we make no warranty to you in respect of such Clothing.

 

  1. Availability of Clothing
  • Sometimes Clothing will not be available. Unfortunately, we make no warranties or guarantees that the Clothing which is listed on the Website is available. There may be situations in which things can happen which are out of our control and the Clothing may at short notice not be available anymore (for instance when the previous customer has not returned the Clothing or has damaged the Clothing).
  • We endeavor to give you as much notice as possible in the circumstances to allow you to make alternative arrangements and will refund any Rent Costs already paid if we cannot fulfill a Rent.

 

 

  1. Orders and Payment for Rent of Clothing
  • The Rent Cost is the full amount payable by you to rent the Clothing for the Rent Period. If there are any additional costs payable by you this will be indicated to you by us at the time of Rent;
  • In order to Rent Clothing, you need to provide us with all the necessary information on the Website.
  • When placing your order to Rent Clothing, you authorise Livia and Co to charge the Rent Cost to your bank card immediately.
  • Payment can be made via Visa, MasterCard or American Express Cards. You will be redirected to the website of our payment merchant (Payfast DPO) who is an approved payment gateway for all South African Acquiring Banks.
  • We may ask you to either pay a deposit to cover any possible Late Fees, Replacement Fees, or Administrative Fees, or to provide credit card details to keep in case we need to charge these fees to you. If you have provided us with your credit card details then you authorise us to debit your card with any Late Fees, Replacement Fees or Administrative Fees payable in terms of the Terms and Conditions.
  • After payment of the Rent Cost has been received, we will email you all the necessary information.

 

  1. Extending the Rent Period
  • You can request an extension of the Rent Period by emailing as soon as possible to extend the Rent Period, before the end of the Rent Period. We have the right in our sole discretion to refuse extensions of the Rent Period.
  • We will send you a new email with all the necessary details, including the new Rent Cost.

 

  1. Cancellation policy
  • If you cancel a Rental 30 (thirty) or more days before the start of the Rent Period, you will be refunded the full Rental Cost.
  • If you cancel a Rental less than 30 (thirty) days before the start of the Rent Period, you will be given credit for the full amount of the Rent Cost to use at Livia and Co. We have the right, to be exercised in our sole discretion, to charge you a reasonable Administration Fee if you cancel less than 30 (thirty) days before the start of the Rent Period. This Administration Fee will be deducted from your credit at Livia and Co.

 

  1. Delivery
  • It is your responsibility to be available at the delivery address provided at the time provided when you made the Rental. The Rent Period will run and we are entitled to charge extra delivery fees if you do not meet the courier at the agreed delivery location at the agreed time.
  • We will deliver your Clothing on the date you indicate, but you need to complete and pay for your Rental order at least 3 days before your indicated rental start date.
  • We will ensure that Clothing is ready to wear when delivered to you.
  • If due to our or the courier’s negligence or fault the Clothing is not delivered to you on time, or the wrong Clothing is delivered, or the Clothing is not fit for use, we will at your election, either extend the Rent Period, subject to any other orders for the Clothing, or refund to you the portion of the Rent Fee for the elapsed period, or refund the Rent Fee and cancel the Rental.

 

  1. Refunds - Clothing that is the wrong size
  • If the Clothing does not fit you must notify us within 4 (four) hours of accepting the delivery.
  • You can then either request another size (subject to availability) or return the Clothing. If you notify us of a problem with the size of the Clothing within 4 (four) hours of receiving the Clothing and wish to return same, you will be issued a gift-card to the value of the rental amount, minus the dry cleaning and delivery fee. Either way, we are entitled to charge you the Administration Fee.

 

          RETURN & EXCHANGE

  • All sales are final on our merchandise. No refunds or returns are accepted.
  • We do not accept returns and exchanges unless the item was damaged upon receipt. Unless dresses are damaged, defective, or incorrectly delivered (i.e. incorrect item is delivered, delivered to address other than provided at the time of order, etc.), they CAN NOT be returned or exchanged. If the dress you received is damaged, defective, or incorrectly delivered, we will accept a return for re-inspection in order to assess the problem and determine the best way to correct it.
  • If you wish to return it for re-inspection must be shipped back to our store and received within 5 business days from time the package was delivered. Refunds will not be credited or replacements/ repairs will not be made if we do not receive your return within 5 business days from the day the package was delivered to you, with no exceptions.
  • Returned dress must be in excellent, unworn condition, packaged securely in the original or comparable packaging. When returned for re-inspection, the dress must be in perfect, new, never worn, condition as received at the time of delivery. It must not be damaged, soiled, stained, torn, and be free of offensive odors (i.e. smoke). The customer is responsible for all return shipping costs. We will not refund return shipping fees unless the dress is determined to be damaged, defective, or incorrectly delivered. In order to return your dress for re-inspection, request via our customer support email info@liviaandco.co.za

* Sale items / Drop shipment Orders are Final Sale, and they are not returnable. No exception.

 

          PRE-SHIPPING INSPECTION

  • We have a strong pre-shipping inspection process in place that checks every item including fabrics, seams, zipper, beads, rhinestones and etc. for defects, and we double-check the color, size and quantity against the packing list for accuracy.
  • Our inspection team takes pride in what they do and we want you to feel safe ordering online from us.

 

  1. Returning the Clothing
  • It is your responsibility to be available at the delivery address provided at the time provided when you made the Rental, for the collection of the Clothing, and to give the Clothing to the courier. If you fail to do so, Late Fees in accordance with the Terms and Conditions will be applicable.
  • You can request another courier to collect the Clothing from the same location, but if this is after the end of the Rent Period, then Late Fees and Administrative Fees will be payable in accordance with the Terms and Conditions.
  • You can also make an alternative prior arrangement with us (which we can accept or reject at our sole discretion) for the return of the Clothing.
  • Upon receiving the returned Clothing, we will inspect the Clothing for any damage or alternations.
  • Please note that we do not accept responsibility for any items left in the Clothing when returned to us.

 

  1. Warranties and Representations
  • Livia and Co do not give you any warranty (express or implied) or make any representation in relation to the Clothing or the operation of the Website. You Rent Clothing entirely at your own risk and you acknowledge and agree that the Clothing may look different in reality than it did on the Website due to various reasons.
  • You, the user of our Rent services, warrant to and in favor of Livia and Co that:
    • you have the consent of a parent/guardian to enter into this Contract if you are a minor;
    • you have the full legal capacity to agree to and be bound by these Terms and Conditions; and
    • these Terms and Conditions constitute a valid legal contract, which is enforceable against you.
  • Each of the warranties which you give:
    • is a separate warranty and will in no way be limited or restricted by inference from the terms of any other warranty or by any other words in these Terms and Conditions;
    • is severable from the other warranties contained herein; and
    • is deemed to be material.

 

 


  1. Events out of our control

If there is something which is beyond our control, such as lightning, flooding, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, acts or omissions of persons for which we are not responsible in any manner whatsoever, and acts of government or other competent authorities, and this causes us to not be able to perform under the Terms and Conditions, they will not be liable if either of us cannot perform. This provision will not apply to the payment by you of any money due and owing to us.

 

  1. Notice for service
  • We select Fairview Office Park, Unit 13, George, 6529 as our physical address and info@liviaandco.co.za as our email addresses for service of all formal notices and legal processes delivered under the Terms and Conditions or resulting from the Rental.
  • Your physical and email address provided to us with the Rental will be your physical and email address for service of all formal notices and legal processes delivered under the Terms and Conditions or resulting from the Rental.
  • You may change your physical and email addresses by notice to us with 3 (three) days’ notice. We may change our physical and email addresses for notice by updating the Terms and Conditions.

 

  1. Miscellaneous
  • The Terms and Conditions and all obligations connected to it or arising from it shall be governed by and interpreted in accordance with the laws of the Republic of South Africa and the parties hereby submit to the exclusive jurisdiction of the courts thereof.
  • The Terms and Conditions constitute the whole agreement between us relating to the subject matter of these Terms and Conditions and supersede any other discussions, agreements and/or understandings regarding the subject matter hereof.
  • Our failure to insist upon or enforce performance by you of any provision of the Terms and Conditions, or to exercise any right under these Terms and Conditions, shall not be deemed as a waiver of our rights to enforce any such provision or right in any other instance under the Terms and Conditions.
  • We may transfer the rights and obligations under these Terms and Conditions to third parties, however you may not do so without our consent.
  • In the event that any provision of the Terms and Conditions is held to be invalid, illegal or unenforceable in whole or in part, such provision shall be deemed rewritten to effectuate the intent of you and us to the greatest extent possible without being invalid, illegal or unenforceable, and no other term of the agreement shall be in any way affected thereby. If this is not possible then such provision will be severed from the Terms and Conditions and the remaining provisions will remain enforceable.