Terms & Conditions

PLEASE NOTE:

 1. DEFINITIONS

1.1. Unless otherwise expressly stated, or the context otherwise requires, the words and expressions listed below shall, when used in this Terms & Conditions, including this introduction, bear the meanings ascribed to them:

1.2. “Administration Fees” means the amount Cult Crush charges the Customer in the event of any incurrence of Late Fees or Replacement Fees payable or if the Customer cancels its Hired Clothing or if the Customer returns the Clothing or exchanges the Clothing that does not fit and a sanitisation and manual waybill fee has been incurred; following up with the Customer on, inter alia, late delivery or lost Clothing, bank fees, and the like.

1.3. "Business Day" means any calendar day, excluding Saturdays, Sundays and Public Holidays in the Republic of South Africa;

1.4. “Clothing/Clothes” means any clothing garments or clothes available for hire from Cult Crush, if the context so requires “Clothing” will also mean the specific Clothing item which you have Hired from Cult Crush;

1.5. “Clothing Garments” means any clothing garments or clothes available for sale from Cult Crush, if the context so requires “Clothing Garment” will also mean the specific Clothing Garment item which the Customer has Purchased from Cult Crush;

1.6. “Cult Crush” means Cult Crush (Pty) Ltd, registration number 2016/450177/07, being a company with limited liability duly registered and incorporated in terms of the laws of South Africa, which has its registered office situated at 15 Tahoe Estate, 44 Berkeley Avenue, Bryanston, Gauteng, 2191 and duly represented by Lauren Jenae Vankeirsbilck;

1.7. “Customer” means any individual or entity who Hires the Clothing from Cult Crush, via the Website subject to the Terms and Conditions;

1.8. “Damages” means, includes but it not limited to, inter alia, a tear, hole, burn, permanent alterations made or loose fibre, discolouration, stain and/or missing and/or removed article or part of the Clothing and/or Clothing Garments either caused by a sharp or rough object or by the Customer;

1.9. “Delivery Date” means the Business Day furnished and selected by the Customer to have the Clothing delivered to its selected address;

1.10. “Hire” or “Hired” means the hiring of Clothing from Cult Crush;

1.11. “Hire Cost” means the amount payable by the Customer for the Hire of the Clothing, inclusive of VAT, as indicated on the Website or as otherwise agreed with Cult Crush in writing;

1.12. “Hire Period” means the initial period which may not exceed 4 (four) days, for which the Customer Hires the Clothing as selected on the Website, or as otherwise agreed with Cult Crush in writing;

1.13. “Late Fees” means the amount payable by the Customer for not returning the Clothing to Cult Crush subsequent to the expiration of the Hire Period;

1.14. “Purchase” means the purchase of the Sale Item from Cult Crush for the Purchase Price;

1.15. “Purchase Price” means the amount payable by the Customer for the Sale Clothing, inclusive of VAT, as indicated on the Website or as otherwise agreed with Cult Crush in writing. The Purchase Price may include import duties where applicable;

1.16. “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 Cult Crush in its sole and absolute discretion;

1.17. “Sale Item” means the sale of the Clothing Garments or other items such as booby tape, self-tan, and the like, for sale on the Website from Cult Crush;

1.18. “Studio” means the Cult Crush studio as indicated to you at the time of Hire;

1.19. “Terms and Conditions” means the Terms and Conditions contained herein which regulate our relationship between Cult Crush and the Customer; and

1.20. “WhatsApp” means the cross-platform instant messaging application that allows users to exchange text, image, video, and audio messages for free on a smartphone. The Customer may contact Cult Crush on the chosen phone number allocated to WhatsApp for the Customer to contact Cult Crush which is 064 548 0144 

1.21. “Website” means the website and/or the Instagram page and/or the Facebook page and/or the TikTok account of Cult Crush from time to time.

1.22. “Gift Card” means the manner in which any refund is given to the client in respect of items that are returned to Cult Crush by the customer, less all shipping, administrative and sanitation fees.

1.23. “Swing Tags” means the Cult Crush branded plastic loop lock and cardboard tag connected to the garments.

 2. APPLICABILITY OF THE TERMS AND CONDITIONS

2.1. By placing an order on the Website, which displays any item of Clothing that is for Hire, or a Sale Item for sale, the Customer agrees that he/she/it is entering into a legally binding contract between the Customer and Cult Crush.

2.2. Cult Crush does not accept Electronic Fund Transfers or Debit Cards.

2.3. Cult Crush provides the Hiring of Clothing and the Purchase of Sale Items by the Customer nationally and to South African Customers only. In some cases, subsequent to the Customer having placed an order on the Website, the customer may be asked to provide identification such as an identity document or driver’s license, or other forms of identification.

2.4. The Terms and Conditions are applicable for the duration of the Customer’s Hire (including any automatic extensions of the Hire Period due to the Clothing being returned late) and during any period thereafter including during any unsettled disputes in relation to the Customer’s Hire or use of the Website.

2.5. The Terms and Conditions are also applicable to the Purchase of the Sale Items by the Customer and during any period thereafter including during any unsettled disputes in relation to the Customer’s Purchaser or use of the Website.

3. PAYMENT OPTIONS ACCEPTED

3.1. Payment may be made via Visa, MasterCard, Diners or American Express Credit Cards into the Cult Crush bank account, the details of which will be provided on request.

3.2. By accepting these Terms and Conditions the Customer acknowledges that he/she/it authorises Cult Crush to charge the selected payment method according to the Terms and Conditions outlined herein. The Customer certifies that he/she/it is authorised to use the credit card/account and that the Customer agrees not to dispute the payment with the Customer’s provider upon Cult Crush fulfilling its responsibilities in providing the Hire Clothing/Clothes.

3.3. The Customer further authorises Cult Crush to charge the supplied payment method of the Customer for any additional fees as outlined in these Terms and Conditions, such as Damages, Administration, Sanitisation or Late Fees.

3.4. If a charge against the supplied payment method cannot be made by Cult Crush, Cult Crush will provide the Customer with an invoice for the fees, which the Customer agrees to pay within 5 (five) working days of receipt thereof. If for whatsoever reason, the Customer’s payment for an order is reversed/rejected, the Customer agrees to pay the outstanding amount within 48 (forty-eight) hours of demand. Failure to do so will result in the immediate cancellation of the booking of the Clothing for the Hire Period. If the Clothing or Sale Item has already been dispatched to the Customer, the Customer will still be liable for the full amount.

3.5. The Customer agrees that Cult Crush may charge the Customer’s payment method up to an amount of 125% (one hundred and twenty-five percent) of the entire original retail value of the Clothing as set in the “retail value” on the Website. Such charge will only be attended to by Cult Crush in the event that the Customer has not returned the Clothing, or the Clothing is damaged beyond reasonable repair. The percentage as aforesaid has been determined with reference to the potential repair and/or replacement cost of a particular Clothing garment and takes into account inflation as well as the costs referred to in clauses 5 and 11 below.

3.6. Cult Crush reserves the right to take all steps necessary to recoup any amounts owing per the Terms and Conditions, including the use of debt collection agencies and taking legal action. This may increase the amount owed by the Customer to cover all the costs of these services.

4. CARD ACQUIRING, SECURITY AND DETAILS

4.1. Card transactions will be acquired for Cult Crush via Shopify Payments. Shopify Payments uses the strictest form of encryption, and no card details are stored on the Website or by Cult Crush directly.

5. BOOKINGS, USE, DAMAGE OF THE CLOTHING, AND LATE RETURNS

5.1. The Customer agrees that he/she/it shall:

5.1.1. treat the Clothing with the highest standard of care;

5.1.2. not alter (temporarily or permanently) the Clothing in any manner without our prior consent in writing; and

5.1.3. return the Clothing on the expiry of the Hire Period (being the last day on which the Customer advised it would return the Clothing to Cult Crush) and in the same condition as when Hired.

5.2. The Customer may book the Clothing 3 (three) months in advance, however, the Hire Period may only begin 2 (two) days before the event. Should the Customer’s event, for which the Clothing is required, falls on a weekend, the Customer shall select the start of the Hire period as Thursday before the event.

5.3. Orders may be made by the Customer on Cult Crush’s Website for the next day, subject to availability of the Clothing and provided that such order has been placed and payment has been received by Cult Crush prior to 12h00.

5.4. Upon receipt of the Clothing and with 12 (twelve) hours thereafter, the Customer shall inspect all Clothing and immediately record in writing if there is any damage, defect or wear and tear of whatsoever nature to the Clothing and advise Cult Crush accordingly. Cult Crush will take note of such damage, defect or wear and tear.

5.5. In the event that the Customer does not advise Cult Crush of any damages as aforementioned in clause 5.4, and there was no known damage by Cult Crush to the Clothing, it may be assumed that the damage was caused by the Customer.

5.6. The Customer shall return the Clothing in the same condition as when Hired and shall not be liable for any wear and tear, damage or defect advised to Cult Crush per 5.4 above.

5.7. In the event that the Customer damages the Clothing in any way whatsoever, whether due to the Customer’s fault or another’s, whilst the Clothing was in the possession of the Customer, or the Clothing is not returned on day 4 of the Hire Period, Cult Crush shall have the right, to be exercised in its sole discretion, to charge the Customer the Replacement Fees of any of the Clothing.

5.8. The Customer is not to attempt to repair the Clothing damaged. In the event that Cult Crush can repair the damage to the Clothing caused by the fault of the Customer or another, such costs in relation thereto shall be for the Customer.

5.9. Whenever the retail value of Clothing garments needs to be determined for the purpose of the Terms and Conditions, Cult Crush shall use our best endeavours to secure pricing for the same or similar Clothing garment, but to the extent that this is not possible, Cult Crush shall use a value which is fair and reasonable in the circumstances.

5.10. The Customer agrees that under no circumstances will the customer attend to clean the Clothing themselves or have them cleaned by anyone else. The Customer is not to patch, alter or vary any Clothing.

5.11. In the event that the Customer does not return the Clothing upon the expiration of the Hire Period, Cult Crush has the right, to be exercised in its sole discretion, to charge the Customer Late Fees. In accordance therewith, the Customer shall be charged 100 (one hundred Rand) per day that the item of Clothing is not returned.

5.12. Cult Crush has the right, to be exercised in its sole discretion, to charge the Customer a reasonable Administration Fee if any Replacement Fees or Late Fees are payable.

5.13. The Customer authorises Cult Crush to debit the card which the Customer used to either pay a deposit to cover or make the payment of the Customer’s Hire for any Hire Cost, Replacement Fees, Late Fees or Administrative Fees payable in accordance with the Terms and Conditions.

5.14. Any Replacement Fees, Late Fees or Administrative Fees paid by the Customer in terms of the Terms and Conditions are in addition to any Hire Cost.

5.15. If the Customer fails to return the Clothing and has paid all the Replacement Fees, Late Fees and/or Administrative Fees (as may be applicable), the Customer will own the Clothing and constitute a ‘sale’ of the Clothing to the Customer which has been done on a voetstoots basis and Cult Crush makes no warranty to the Customer in respect of such Clothing.

6. AVAILABILITY OF CLOTHING

6.1. Cult Crush makes no warranties or guarantees that the Clothing which is listed on the Website is available for Hire during the Customer’s desired Hire Period.

6.2. Furthermore, in certain circumstances, there may be a situation which are out of Cult Crush’s control and the Clothing may, at short notice, no longer be available for Hire by the Customer (for instance when the previous customer has not returned the Clothing or has damaged the Clothing).

6.3. Cult Crush shall endeavour to give the Customer as much notice as Cult Crush is practically able to give the Customer in the circumstances in order to provide the Customer with an opportunity to make alternative arrangements and Cult Crush will refund any Hire Costs already paid by the Customer should Cult Crush be unable to provide the Clothing chosen by the Customer for Hire.

7. ORDERS AND PAYMENT FOR HIRE OF CLOTHING OR SALE ITEM

7.1. The Hire Cost is the full amount payable by the Customer to Hire the Clothing for the Hire Period. If there are any additional costs payable by the Customer this will be indicated to the Customer by Cult Crush at the time of Hire/Purchase.

7.2. The Purchase Price is the full amount payable by the Customer to Purchase the Sale Item. If there are any additional costs payable by the Customer this will be indicated to the Customer by Cult Crush at the time of Purchase.

7.3. In order to Hire Clothing or Purchase the Sale Item from Cult Crush, the Customer will need to provide Cult Crush with all the necessary information on the Website.

7.4. When placing the Customer’s order to Hire Clothing or Sale Item, the Customer authorises Cult Crush to charge the Hire Cost and/or Purchase Price to the Customer’s chosen bank card immediately.

7.5. The Hire Cost is inclusive of a snag and spill insurance that has the Customer covered in case of losing a button, strap, or a minor drink spill on the Clothing, which Cult Crush can easily repair or clean. However, in the event that the Clothing is damaged beyond repair or is in need of specialised cleaning, the Customer is to notify Cult Crush via email at hello@cultcrush.co.za.

7.6. After payment of the Hire Cost and/or Purchase Price has been received, Cult Crush will email the Customer all the necessary information.

7.7. The Customer is to pay the Hire Costs/Purchase Price not less than 24 hours prior to the Delivery Date of the Clothing.

8. TRY ON SERVICE

8.1. The Customer may book 1 (one) Clothing item for delivery on a Monday only before 11h00 for an amount of R250 (two hundred and fifty Rand) excluding shipping in order to determine whether the Clothing is what the Customer wishes to Hire for their event.

8.2. The Clothing will be collected the next Business Day, being Tuesday, before 12h00. The Customer is to ensure that all the Swing tags are on the Clothing otherwise the Customer shall be liable for the Hire Cost of the Clothing.

8.3. In the event that the Customer wishes to Hire the Clothing for its chosen Hire Period that the Customer tried on during the Try on Service a written confirmation via email or WhatsApp is necessary and the Customer may receive a 25% (twenty five percent) discount off full rental price to book the Customer’s selected Clothing so long as the Customer orders the Hire Clothing within 7 (seven) days subsequent to returning the Clothing as aforementioned in clause 8.2 supra to Cult Crush.

8.4. In the event that the Customer’s Hire Period falls within the same week as the Try on Service, and subject to availability of the Hire Clothing being available, the Customer may keep the chosen Clothing for Hire, however the Customer is to advise Cult Crush prior to the collection of the Clothing as per clause 8.2 supra, of its intention to do so and complete the necessary forms on the Website to keep the Hire Clothing for the Hire Period.

9. BACK UP CLOTHING

9.1. The Customer may book 2 (two) Clothes and use the code ‘BACKUPDRESS’ at the checkout on the Website and get up to 80% (eighty percent) off the cheaper Clothing item the Customer wishes to order during the Hire Period.

9.2. Upon delivery, the Customer is to try on both items of Clothing and chose 1 (one) of the Clothing items to wear.

9.3. The Swing Tag must remain on the Clothing which the Customer does not intend to wear, failing which the Customer will be liable for the full Hire Cost of the Clothing.

9.4. The Customer will return both Clothing items on the last day of the Hire Period.

10. EXTENDING THE HIRE PERIOD 

10.1. Subject to availability of the Clothing, and notwithstanding the contents of clause 1.10, the Customer may request an extension of the Hire Period by emailing Cult Crush at hello@cultcrush.co.za, however, the Customer must advise Cult Crush of such intention to extend the Hire Period, prior to the last day of the Hire Period.

10.2. Cult Crush reserves the right to refuse extensions of the Hire Period.

10.3. In the event that the aforementioned extension is granted, Cult Crush will send the Customer an email with all the necessary details pertaining to the extended Hire Period, including the new Hire Cost.

11. DELIVERY OF HIRED CLOTHING

11.1. Cult Crush will have the Clothing delivered to the Customer by 11h00 on day 1 of the Hire Period at the Customer’s chosen address.

11.2. Cult Crush will have the Clothing delivered to the Customer by providing the Customer with a pre-paid, pre-addressed packaging and pre-printed waybill that the Customer may use to return the Product (“Return Packaging”), as well as provide instructions for the returning of the Clothing to Cult Crush in the event the Clothing was Hired. Cult Crush will ensure that Clothing is ready to wear when delivered to you.

11.3. The Customer may not keep, sell or transfer any Cult Crush branded Clothing, garment box or Mailer (“Cult Crush Packaging”) that has been provided to the Customer by Cult Crush.

11.4. In the event that the Cult Crush packaging is not returned by the Customer, the Customer authorises Cult Crush to charge the Customer’s credit card a non-refundable fee for each garment box that has not been returned to Cult Crush. 

11.5. Cult Crush shall have the Clothing delivered to the Customer via its chosen courier service.

11.6. In the event that the Clothing has not been delivered by 11h00 on day 1 of the Hire Period, the Customer is to immediately notify Cult Crush via WhatsApp on 064 548 0144 or email hello@cultcrush.co.za.

11.7. Upon the Customer Hiring Clothing from Cult Crush, the Customer will be required to select a Delivery Date. The Customer is advised to select the delivery date which is two days prior to the date on which the customer intends to wear the Clothing. 

11.8. It is the Customer’s responsibility to be available at the delivery address provided by the Customer at the time provided when the Customer made the Hire. The Hire Period will run upon the Delivery Date and Cult Crush will be entitled to charge extra delivery fees should the Customer be unavailable for the courier at the agreed delivery location at the agreed time.

11.9. Should the delivery fail because the Customer provided an incorrect or incomplete address, the Customer will not be entitled to a refund or credit. It is the responsibility of the Customer to ensure that the address entered by the Customer is accurate and complete according to the courier services (and in some instances, other providers). This includes providing a valid apartment/unit number, company name or any other information which is required for the courier of Cult Crush to deliver the item(s) to the customer. 

11.10. Cult Crush will deliver the Customer’s Clothing on the date chosen by the Customer, but the Customer needs to complete the Customer’s Hire and pay the Hire Cost on or before 12h00 on a Business Day, should the Customer want delivery by the following day. 

11.11. If due to Cult Crush or the courier’s negligence or fault that the Clothing is not delivered to the Customer timeously, or the wrong Clothing is delivered to the Customer, or the Clothing is not fit for use, Cult Crush will at the Customer’s election, either extend the Hire Period, subject to any other orders for the Clothing by another customer, or refund to the Customer the portion of the Hire Fee for the elapsed period, or refund the Hire Fee and cancel the Hire.

12. DELIVERY OF SALE ITEMS

12.1. Cult Crush will have the Sale Item delivered to the Customer’s chosen address in accordance with the timelines displayed on the product page but will also depend on the Customer’s .

12.2. Cult Crush shall have the Clothing delivered to the Customer via its chosen courier service. 

12.3. In the event that the Sale Item has not been delivered to the Customer in accordance with the timeline provided in accordance with 12.1. supra, the Customer is to immediately notify Cult Crush via WhatsApp 064 548 0144 or email hello@cultcrush.co.za.

12.4. It is the Customer’s responsibility to be available at the delivery address provided by the Customer at the time provided to the Customer by either Cult Crush or its select courier service to take receipt of the Sale Item. Cult Crush will be entitled to charge extra delivery fees should the Customer be unavailable for the courier at the time and date provided by either Cult Crush or its selected courier service. 

12.5. Should the delivery fail because the Customer provided an incorrect or incomplete address, the Customer will not be entitled to a refund or credit. It is the responsibility of the Customer to ensure that the address entered by the Customer is accurate and complete according to the courier services (and in some instances, other providers). This includes providing a valid apartment/unit number, company name or any other information which is required for the courier of Cult Crush to deliver the item(s) to the customer.

12.6. If due to Cult Crush or the courier’s negligence or fault that the Sale Item is not delivered to the Customer timeously, or the wrong Sale Item is delivered to the Customer, or the Sale Item is not fit for use, Cult Crush will refund to the Customer Purchase Price.

13. INCORRECT OR FAULTY ITEM(S)

13.1. If the Customer opens the delivery parcel to find that the Customer had been sent the incorrect clothing, the Customer is to immediately advise, in writing, to Cult Crush that same is incorrect. If there is enough time, Cult Crush will endeavour to provide the Customer with the replacement, so that the Customer will have Clothing for its intended purpose. If the customer finds that the Clothing is correct, but has other issues, for example, inter alia damage, fault or noticeable stains, the Customer is to inform Cult Crush within 12 (twelve) hours of receiving such Clothing and prior to wearing the Clothing.

13.2. If the Customer does not let Cult Crush know within the aforementioned timeframe, Cult Crush reserves its right to refuse a refund as it will not be clear when the damage was caused or by whom the damage was caused. The customer should do this even if the Customer believes that they would still wear the Clothing, as the Customer may be offered a discount at a later stage. More importantly, even when the Customer will not be blamed for any of the damage or charged any damage fees by Cult Crush.

13.3. The Customer acknowledges that the item(s), being sent to the Customer, are not brand new items and may have some signs of wear and tear. A refund may not be guaranteed if the issues are considered minor and/or insignificant. Cult Crush will process any potential refund within 3 (three) to 5 (five) days after receiving the clothing back, in its possession and, if approved, the Customer will be notified in writing of the refund, the amount, and when same will be paid.

14. REFUNDS / RETURNS REGARDING ISSUES WITH FIT OR APPEARANCE OF THE CLOTHING OR THE INCORRECT SIZE FOR HIRE CLOTHING

14.1. Cult Crush tries to provide as much information as Cult Crush can provide regarding the fit of the item(s) available for Hire on its website. Cult Crush takes no such responsibility if the Customer chooses a size or item of Clothing which does not fit the Customer or does not suit the Customer. If in doubt, the Customer is required to get in touch with Cult Crush immediately prior to placing the order.

14.2. In the event that the Clothing does not fit the Customer, the Customer may return the Clothing to Cult Crush, the Customer is to advise Cult Crush via WhatsApp 064 548 0144 or email hello@cultcrush.co.za within 4 (four) hours of receiving the Clothing in order to qualify for a gift card, less any shipping costs, administration and sanitisation fee and manual waybill charge, alternatively the Customer may request another size (subject to availability).

14.3. In order for the Customer to qualify for any refund or gift card as mentioned in these Terms and Conditions, the original Swing Tag must be on the Clothing.

14.4. For the purposes of these Terms and Conditions, a refund for an order is defined as returning back to the Customer the initial payment used to place the order. If the Customer pays for the order by credit/debit card, the funds will be returned to that card. If the Customer pays for the order, using a credit note, then the Customer will be re-issued with that credit note with a fresh expiry date. For orders that were placed using a combination of multiple forms of payment, the customer will receive back the forms of payment in line with the amount used to pay for such order.

15. RETURNING THE HIRED CLOTHING TO CULT CRUSH 

15.1. The Clothing is to be returned upon the expiry of the Hire Period, i.e. the last day thereof, accordingly a courier will be dispatched to the address nominated by the Customer, being the address where the Clothing was delivered, for collection of same between the hours of 08h00 and 12h00. If the return date falls on a Saturday, Sunday or a Public Holiday, then the item may only be collected the following business day.

15.2. In the event that the Customer requires multiple items over different Hire Periods, the Customer is requested to ensure that each of the items are returned on the correct expiration date of the Hire Period in the correct Cult Crush Packaging, to the courier and that, in the event that the incorrect item is returned, the fees will still be in credit until such time as the actual Hired Clothing is returned accordingly.

15.3. It is the Customer’s responsibility to be available at the delivery address provided at the time provided by the Customer for the collection of the Clothing and to give the Clothing to the courier. If the Customer fails to do so, Late Fees in accordance with the Terms and Conditions will be applicable and the Customer shall be liable for shipping charges and the manual waybill charge.

15.4. In the event that the courier does not collect the Clothing before 12h00, the Customer is to immediately notify Cult Crush via WhatsApp 064 548 0144 or email hello@cultcrush.co.za.

15.5. The Customer can request another courier to collect the Clothing from the same location, but if this is after the end of the Hire Period, then Late Fees and Administrative Fees will be payable in accordance with the Terms and Conditions.

15.6. The Customer can also make an alternative prior arrangement with Cult Crush, which may be accepted or rejected at Cult Crush’s sole discretion, for the return of the Clothing.

15.7. Upon receiving the returned Clothing, Cult Crush will inspect the Clothing for any damage or alternations.

15.8. Cult Crush does not accept responsibility for any items left in the Clothing when returned to Cult Crush.

16. REFUNDS / RETURNS REGARDING SALE ITEM(S)

16.1. Cult Crush tries to provide as much information as Cult Crush can provide regarding the fit of the Sale Item(s) available for Sale on its website. Cult Crush takes no such responsibility if the Customer chooses a size or item of Clothing which does not fit the Customer or does not suit the Customer. If in doubt, the Customer is required to get in touch with Cult Crush immediately prior to placing the order. 

16.2. In the event that the Clothing does not fit the Customer, the Customer may return the Clothing to Cult Crush, the Customer is to advise Cult Crush via WhatsApp or email hello@cultcrush.co.za within 20 (twenty) calendar days of receiving the Clothing in order to qualify for a refund, less any shipping costs and R25.00 (twenty-five Rand) manual waybill charge, or a gift card from Cult Crush or exchanged the Sale Item for another size (subject to availability). 

16.3. In order for the Customer to qualify for any refund as mentioned in these Terms and Conditions, the original Tags must be on the Clothing and be returned to Cult Crush in the same condition as delivered by Cult Crush to the Customer.

16.4. For the purposes of these Terms and Conditions, a refund for an order is defined as returning back to the Customer the Purchase Price of the Sale Item less shipping costs. If the Customer pays for the order by credit/debit card, the funds will be returned to that card. If the Customer pays for the order, using a credit note and or gift card, then the Customer will be re-issued with that credit note and or gift card with a fresh expiry date. For orders that were placed using a combination of multiple forms of payment, the customer will receive back the forms of payment in line with the amount used to pay for such order.

17. CLEANING

17.1. Cult Crush acknowledges that small incidences may occur, however Cult Crush will be in charge of dry-cleaning all Hired Clothing when they are returned after the Hire Period has come to an end and the item is duly returned to Cult Crush.

17.2. The Customer agrees that under no circumstances will the Customer attend to cleaning the Clothing themselves, or have them cleaned by anyone else. If the Customer attends to clean the Clothing and cause damage or cause a stain to be permanent, Cult Crush reserves its right to bill the customer a fee up to but not more than 125% of the full retail purchase price of the Clothing.

18. CANCELLATIONS BY THE CUSTOMER

18.1. Cancellations are allowed within the first 24 (twenty four) hours after an order was place on the Website of Cult Crush or in person directly, unless the Clothing has already been dispatched to the Customer or unless the cancellation request was received more than 21 (twenty-one) days prior to the start of the Hire Period. The Customer will therefore be eligible for a full refund.

18.2. Cancellations of Sale Items within the first 24 (twenty four) hours after the order was placed on the Website of Cult Crush or in person directly, unless the Clothing has already been dispatched to the Customer. The Customer will therefore be eligible for a full refund.

18.3. In these instances per clause 18.1 and 18.2 supra, the Customer will be given a full refund equal to the amount paid for the booking and postage costs, however, in the event that disbursements / expenses have been incurred, such as courier charges, same will only be refunded to the customer in the event that Cult Crush obtains a refund from such courier service provider respectively.

18.4. For cancellation requests received from Customers within 14 (fourteen) and 21 (twenty one) days prior to the Hire Period, the Customer will be entitled to a gift card for the full amount paid, including postage, but not a refund. The gift card can be used to rent

18.5. or buy any Clothing for Hire on the Website of Cult Crush and will have a 6 (six) month expiry period from date of cancellation.

18.6. In exceptional circumstances, Cult Crush will consider a cancellation outside the allowances above. Cult Crush reserves its right to decide in its sole discretion, however, it is upon the customer to get in touch with Cult Crush to explain the situation in which Cult Crush will consider for such refund.

 19. CANCELLATIONS BY CULT CRUSH

19.1. Cult Crush may cancel the Customer’s booking and/or Purchase for any reason whatsoever. The compensation to the Customer will be limited to the amount that the Customer paid to Cult Crush for the Hire Clothing, Sale Item and/or courier services. Cult Crush will not be responsible for any consequence or damages that may result from the cancellation of the booking and/or Purchase of the Sale Item.

19.2. Reasons for which Cult Crush may cancel the booking may include, but are not limited, to inter alia the following:

19.2.1. the item may be damaged by a customer that has Hired the item prior to the Customer;

19.2.2. upon the Customer failing alternatively neglecting, further alternatively refusing to make payment of the Hire Cost prior to the Delivery Date;

19.2.3. the item is lost or stolen by a Customer that Hired the Clothing prior to the customer. It is deemed that it is not possible to deliver the item to the Customer in time for the Hire Period due to previous late return by a customer or for any other reason such as postage network delays and the like.

19.3. In cases above, the customer will be entitled to a full refund by Cult Crush.

 20. WARRANTIES AND REPRESENTATIONS

20.1. Cult Crush does not give the Customer any warranty, express or implied or make any representation in relation to the Clothing or Sale Item or the operation of the Website. The Customer Hires Clothing and/or Purchases Sale Items completely at the Customer’s own risk and the Customer acknowledges and agrees that the Clothing may look different in reality than it did on the Website due to various reasons.

20.2. The Customer, being the user of our Hire services, warrant to and in favour of Cult Crush that:

20.2.1. that Customer has the consent of a parent/guardian to enter into this Contract if the Customer is a minor;

20.2.2. The Customer has full legal capacity to agree to and be bound by these Terms and Conditions; and

20.2.3. these Terms and Conditions constitute a valid legal contract, which is enforceable against the Customer.

21. EACH OF THE WARRANTIES WHICH THE CUSTOMER GIVES:

21.1. 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;

21.1.1. is severable from the other warranties contained herein;

21.1.2. is deemed to be material; and

21.1.3. events beyond our control

21.2. In the event that there are circumstances which are beyond either of the Parties control, such as lightning, flooding, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, acts or omissions of persons for which the Parties are not responsible in any manner whatsoever, and acts of government or other competent authorities, and this causes either Party to be unable to fulfil its obligations under the Terms and Conditions, the Parties will not be liable for any losses incurred as a result thereof except for circumstances where payment by the Customer of any money due and owing to the Cult Crush such as Hire Costs, Administration fees and the like.

22. FORCE MAJEURE

22.1. The term "Force Majeure" means an event occurring prior and/or during the Hire Period or Purchase of the Sale Item that is beyond the reasonable control, directly or indirectly, of the affected Party, but only if, and to the extent: (i) such event, despite the exercise of reasonable diligence and efforts, cannot be prevented, avoided or removed by the affected Party; (ii) such event materially adversely affects the ability of the affected Party to fulfil its obligations under this Agreement; and (iii) such event is not the result of any failure of the affected Party to comply with any of its obligations under this Agreement or any negligence of the affected Party.

22.2. Force Majeure shall include, but is not limited to, any act of war, rebellion and sabotage or damage resulting there from, riots, flood, fire, acts and/or orders of government, pandemic (which includes, inter alia, the current corona virus pandemic), epidemic, national and/or industry specific industrial action which includes, inter alia, strikes, lockouts, picketing, stay aways, etc.) and lightning, provided that all events asserted as Force Majeure meet the requirements set out in this clause.

22.3. If, because of Force Majeure, either Party fails to perform any of its obligations under these Terms and Conditions and if such Party shall promptly give to the other Party written notice of such Force Majeure, then the obligation of the Party giving such notice ("Claiming Party") shall be suspended to the extent made necessary by such Force Majeure and during its continuance; provided, however, that the Claiming Party shall use good faith efforts to eliminate such Force Majeure, insofar as reasonably possible, with a minimum of delay.

22.4. Once the Force Majeure event terminates, either Party shall promptly give to the other Party written notice of such termination of the Force Majeure event, whereupon to the extent that any performance of any obligation in terms of this Agreement was prevented due such a Force Majeure event, such obligation shall be performed within, but no later than, 7 (seven) days after the date on which such written notice regarding the termination of the Force Majeure event was received by the other Party.

23. NOTICE FOR SERVICE 

24. GENERAL

24.1. Country of domicile: the Website is governed by the laws of South Africa and Cult Crush as its domicilium citandi et executandi for all purposes under these Terms and Conditions, whether in respect of court process, notice, or other documents or communication of whatsoever nature.

24.2. Variation: Cult Crush may, in its sole and absolute discretion, change these Terms and Conditions or any part thereof at any time without notice to the Customer. Notwithstanding, Cult Crush will provide the Customer with 5 (five) days notice of any material amendments made to the Terms and Conditions.

24.3. Customer Privacy policy: Cult Crush shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 pf 2000 (“PAIA”). The PAIA may be downloaded from http://www.policy.org.za/attachment.php?aa_id=3569.

24.4. As Cult Crush reserves the right to change the Terms and Conditions, the Customer shall review and accept the Terms and Conditions upon every time the customer places an order with Cult Crush.

24.5. At all times the Clothing shall and will remain the property of Cult Crush and Cult Crush reserves the right to retrieve the clothing at any time.

24.6. 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.

24.7. The Terms and Conditions constitute the whole agreement between Cult Crush and the Customer relating to the subject matter of these Terms and Conditions and supersedes any other discussions, agreements and/or understandings regarding the subject matter hereof.

24.8. Cult Crush’s failure to insist upon or enforce performance by the Customer 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 Cult Crush’s rights to enforce any such provision or right in any other instance under the Terms and Conditions. 

24.9. Cult Crush may transfer the rights and obligations under these Terms and Conditions to third parties, however the Customer may not do so without our consent.

24.10. 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 the Customer and Cult Crush to the greatest extent possible without being invalid, illegal or unenforceable, and no other term of the Terms and Conditions 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.