EVERLAY – TERMS AND CONDITIONS
Effective Date: 15,6,2025
Welcome to Everlay – South Africa’s Crown of High-End Fashion, proudly based in Cape Town and Johannesburg. By accessing or purchasing from www.everlay.co.za (“the Site”), you agree to the following Terms and Conditions. These terms are legally binding and crafted to protect Everlay (Pty) Ltd (“Everlay”, “we”, “our”, “us”) to the fullest extent. If you disagree with any part, please do not use our services.
1. Ownership & Intellectual Property
All content on the Site—including images, videos, names, logos, product designs, and all written material—is the exclusive property of Everlay. Reproduction, duplication, or misuse without express written consent is strictly prohibited.
2. Product Availability & Pricing
We reserve the right to update, modify, or discontinue products or pricing without notice. All prices listed are in South African Rand (ZAR) and may be changed at our sole discretion. We are not liable for any errors in pricing or stock availability and are not obligated to honor erroneous listings.
3. Orders & Payment Terms
Orders are subject to acceptance and verification. Everlay reserves the right to cancel or reject any order at our sole discretion without explanation. Payment must be made in full at the time of checkout. Any external charges, including foreign exchange fees, are the customer’s responsibility.
4. Returns, Exchanges & Refunds
All sales are final.
We do not accept returns, refunds, or exchanges unless the item is proven to have a factory/manufacturing defect. Defects must be reported within 48 hours of receiving the item, with clear photographic evidence. Return approval is solely at Everlay’s discretion. If approved, the resolution may include repair, replacement, or store credit—not refunds.
5. Shipping & Delivery
Estimated delivery times are provided for convenience only and are not binding. Everlay is not liable for delays, customs clearance issues, lost parcels, or shipping damages once orders are dispatched. Risk transfers to the customer upon shipment. Customers outside of South Africa are responsible for any applicable customs duties and import fees.
6. Limitation of Liability
Under no circumstances shall Everlay be held liable for any indirect, incidental, or consequential damages. This includes but is not limited to: loss of income, emotional distress, or misaligned customer expectations. Everlay’s liability shall never exceed the actual amount paid for the disputed product.
7. Governing Law & Dispute Resolution
All legal matters will be governed under the laws of the Republic of South Africa. Jurisdiction for all disputes shall rest exclusively with the High Court of South Africa in Cape Town or Johannesburg, at Everlay’s choosing. Customers waive any right to class actions and agree to pursue individual resolution through arbitration or small claims if applicable.
8. No Warranties
Everlay makes no express or implied warranties regarding the use, fit, or durability of products. All products are sold “as is.” Any dissatisfaction regarding fit, color, or expectation does not qualify for compensation or return.
9. Prohibited Conduct
Customers agree not to misuse our Site or products. Fraudulent transactions, chargeback abuse, defamatory reviews, or any unlawful behavior will result in permanent account bans and potential legal action.
10. Privacy & Data Use
Everlay collects basic personal data to process and fulfill orders. We respect your privacy and will not sell or share your data with third parties, unless legally required. By using our services, you consent to our use of your data as outlined in our Privacy Policy.
11. Modifications to Terms
Everlay reserves the right to amend or update these Terms at any time, without prior notice. Continued use of our services constitutes acceptance of the latest version of these Terms.
Contact Us
Everlay (Pty) Ltd
Cape Town & Johannesburg, South Africa
Email: support@everlay.co.za
Website: www.everlay.co.za
