Terms of service

Last Updated : 2025/12/31

OVERVIEW
Welcome to Unshaken Clothing! The terms “we”, “us” and “our” refer to Unshaken Clothing. Unshaken Clothing operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Unshaken Clothing is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least 18 (eighteen) years of age, or you are the age of majority in your jurisdiction, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information. You represent and warrant that all the information you provide is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS AND THE CONTRACT OF SALE
When you place an order, you are making an offer to purchase. Unshaken Clothing reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Unshaken Clothing confirms acceptance via an order confirmation email. A legally binding contract between you and Unshaken Clothing is formed only upon our sending of this confirmation for the accepted products.
Please review your order carefully before submitting. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e‑mail, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange in accordance with our Refund and Returns Policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES, BILLING AND PAYMENT
All prices listed on our website are in South African Rand (ZAR). As we are not VAT registered, our prices exclude Value-Added Tax (VAT). Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Posted prices do not include shipping and handling charges.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
We use PayFast (Pty) Ltd as our secure, PCI-DSS compliant payment processor to facilitate transactions. By providing your payment information, you authorize us and PayFast to charge the full amount to your selected payment method.

SECTION 5 - SHIPPING, DELIVERY AND RISK
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control.
Risk in the products (meaning the responsibility for loss or damage) passes to you upon our delivery of the products to the shipping carrier. Title (ownership) of the products passes to you only once we have received full and final payment for them.

SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Unshaken Clothing, its affiliates or licensors and are protected by South African and international intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Unauthorized use of the Services may be a violation of intellectual property laws. All rights not expressly granted herein are reserved by Unshaken Clothing.
Unshaken Clothing’s names, logos, product and service names, designs, and slogans are trademarks of Unshaken Clothing or its affiliates or licensors. You must not use such trademarks without our prior written permission.

SECTION 7 - THIRD-PARTY LINKS AND TOOLS
The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. If you decide to access these third-party sites, you do so at your own risk.
You may also be provided with access to tools offered by third parties. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties. Any use of optional third-party tools is entirely at your own risk and discretion.

SECTION 8 - RELATIONSHIP WITH SHOPIFY
[NOTE: This section accurately characterizes Shopify’s relationship with your store.]
Unshaken Clothing is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Unshaken Clothing. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Unshaken Clothing. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Unshaken Clothing.

SECTION 9 - YOUR PRIVACY AND PERSONAL INFORMATION
All personal information we collect through the Services is subject to our Privacy Policy, which complies with the South African Protection of Personal Information Act (POPIA). By using the Services, you consent to the processing of your personal information as described in that policy.
Because the Services are hosted by Shopify, information you submit will be transmitted to and shared with Shopify and its sub-processors, which may be located outside South Africa, in order to provide services to you.

SECTION 10 - USER FEEDBACK AND SUBMISSIONS
If you submit any ideas, suggestions, feedback, reviews, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback.
You agree that your Feedback will not violate any right of any third-party, including intellectual property, privacy, or other rights. You are solely responsible for any Feedback you make. We may, but have no obligation to, monitor, edit or remove Feedback.

SECTION 11 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not use the Services:
(a) for any unlawful purpose;
(b) to violate any international, national, or local laws or regulations, including South African law;
(c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(d) to harass, abuse, insult, harm, defame, or intimidate any other person;
(e) to submit false or misleading information.
We reserve the right to suspend or terminate your access for violating these prohibitions.

SECTION 12 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Disclaimer: The Services and all products offered are provided 'as is' and 'as available' for your use, without any representation or warranty of any kind, either express or implied, to the fullest extent permitted by South African law. We do not guarantee that your use of the Services will be uninterrupted, timely, secure or error-free.
Limitation of Liability: To the fullest extent permitted by South African law, Unshaken Clothing, its directors, employees, or agents shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with your use of the Services or any products procured through the Services. This limitation applies regardless of the cause of action (contract, delict/tort, or otherwise).
CPA Notice: These limitations are subject to your rights under the South African Consumer Protection Act, 2008. Nothing in these Terms is intended to limit or waive any rights you have under the CPA which cannot be lawfully limited or waived.

SECTION 13 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Unshaken Clothing, Shopify, and our respective affiliates and service providers from any claims, liabilities, damages, and expenses (including legal fees) arising from your breach of these Terms, your violation of any law, or your use of the Services.

SECTION 14 - GOVERNING LAW AND DISPUTE RESOLUTION
These Terms of Service and any dispute arising from them shall be governed by and construed in accordance with the laws of the Republic of South Africa.
You and Unshaken Clothing consent to the non-exclusive jurisdiction of the High Court of South Africa, or the relevant Magistrates' Court, based on the cause of action.
We encourage you to first contact us directly at the details in Section 18 to seek a resolution for any complaint or dispute.

SECTION 15 - CHANGES TO TERMS OF SERVICE
We reserve the right to update, change, or replace any part of these Terms by posting updates on our website. Your continued use of the Services following the posting of changes constitutes acceptance of those changes. Where changes are material, we will notify you via email or a notice on our website, as required by the ECT Act.

SECTION 16 - GENERAL PROVISIONS
If any provision of these Terms is found to be unlawful or unenforceable, the remaining provisions will remain in full force. Our failure to enforce any right is not a waiver of that right. These Terms constitute the entire agreement between you and us regarding the Services.

SECTION 17 - CONSUMER RIGHTS (CPA INFORMATION)
As a consumer in South Africa, you have certain rights under the Consumer Protection Act, 2008 (CPA). These Terms are intended to be read in conjunction with your CPA rights, which include, but are not limited to:

  • The right to fair and honest dealing.

  • The right to quality service and goods that are reasonably suitable for their intended purpose.

  • A 5 (five) business day "cooling-off period" to cancel most distance sales (like online orders) for a full refund, unless the goods are made-to-order, perishable, or audio/video recordings unsealed by you. Our Refund and Returns Policy provides details on exercising this right and on our 30-day return policy for items with defects.
    For more information on your rights, visit the National Consumer Commission (NCC) website.

SECTION 18 - CONTACT INFORMATION
Questions about these Terms should be sent to us at unshakenclothingza@gmail.com.
Our full contact information is as follows:
Trading Name: Unshaken Clothing
Email: unshakenclothingza@gmail.com
Physical Address (for returns and legal notices):
1 Valderama Road
Bloubergrant
Cape Town
7441
Phone: +27 791739777
[Disclaimer: Unshaken Clothing is a trading name and is not a registered legal entity (e.g., (Pty) Ltd or CC). The proprietor trades in their personal capacity.]