Terms & Conditions

PART A: INTRODUCTION

These terms govern the use of brasnthings.co.zu ("this website").

We may amend or update these terms and conditions at any time by posting any changes at this Website, without providing notice to you. By continuing to access and use this Website, you will be deemed to have agreed to any changes or updates to these terms. These Terms and Conditions (including where applicable, our Privacy Policy) set out the entire agreement between you and Bras N Things regarding this Website and any use of it and, to the fullest extent permitted by law, supersedes all prior terms, conditions, warranties and/or representations.

If you do not understand these Terms and Conditions, please contact our Customer Care Team and a representative will be happy to assist you. The Customer Care Team operates on Monday to Friday (excluding public holidays in Sydney, Australia) from 8.30am until 5.30pm (Australian Eastern Standard/Daylight Savings Time).

The contact phone numbers for our team are:

Callers from Australia: 1800 810 031

Callers from New Zealand: 0800 556 611

Callers located elsewhere: +61 1800 810 031

or contact us via email.

1. DEFINITIONS

The following definitions are used in these Terms and Conditions.

Bras N Things Retail Store means a physical (not online) retail outlet trading under the name Bras N Things and listed as a “Bras N Things Store” at https://www.brasnthings.com/stores/.

Business Day means a weekday in which trading banks are open for the transaction of banking business in Sydney, Australia.

Delivery Address means the address to which the Goods are to be delivered as stated on the electronic Order form on the Website.

Delivery Agent means any nominated third party delivery or shipping company for Bras N Things.

Delivery Fee means the fees charged for the delivery of Goods.

Gift Card means an electronic or physical gift card issued through this Website or a hard copy gift card issued through an Australian Bras N Things Retail Store or third party retailer, through the acquisition of which you or a recipient may make non-cash payments for goods from Bras N Things.

Goods means the items offered for sale which are described or displayed on the Website.

GST has the meaning provided by A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Law means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency's rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision.

Order means a request by you to purchase Goods from Bras N Things on the Website.

Personal Information has the meaning as defined under the Privacy Act 1988 (Cth).

Price means:

1. where Australia has been nominated within the delivery address, the purchase price of each Good as specified on the Website in Australian dollars (for the avoidance of doubt, in Australia, the specified price includes GST);

2. where a country other than Australia has been nominated within the delivery address, the purchase price of each Good as specified on the Website in Australian dollars (for the avoidance of doubt, this does not include Australian GST). For the avoidance of doubt, the Price is charged in Australian dollars and is subject to conversion to your local currency by your financial institution and any other Taxes levied by any applicable government authority).

Privacy Policy means the Bras N Things Privacy Policy found on the Website at Privacy Policy.

Returns Policy means the Bras N Things Returns Policy found on the Website at Returns.

Tax means any goods and services tax, value added tax, or other taxes, import fees, duties, tariffs, or other imposts or charges which may be payable in relation to your order.

Terms and Conditions means these terms and conditions governing the Website and any activities and transactions occurring via the Website, including Part B: Terms and Conditions for the Sale of Goods on the Bras N Things Website, Part C: Gift Card Terms and Conditions; Part D: Bras N Things Online Membership & Instore Rewards Program Terms and Conditions; Part E: Terms and Conditions for Submissions and Part F: the general terms of use, as amended from time to time.

we or us or our or Bras N Things means Bras N Things Pty Ltd ABN 69 072 187 270.

Website means www.brasnthings.com

you or your means you as the user of the Website, including as a purchaser of Goods from Bras N Things.

PART B: BRAS N THINGS IN-STORE REWARDS PROGRAM TERMS AND CONDITIONS

2. Loyalty Rewards Program

2.1 Bras N Things operates an in-store rewards program. You may apply for a Bras N Things loyalty membership if you are aged 18 years or over and have an active email account.

2.2 A Bras N Things loyalty membership account can be created by visiting your nearest Bras N Things store. Mandatory fields will be clearly identified and must be completed. Fields will include name, email, postcode and DOB. Phone number is not mandatory but will be prompted when signing up at a Bras N Things store.

2.3 A Bras N Things loyalty membership is free, however, we may refuse your application or terminate your loyalty membership for any reason and at any time. Registering for a Bras N Things loyalty membership constitutes your acceptance of these Terms and Conditions.

2.4 Being a Bras N Things loyalty member you will be subscribed to receive our emails. You agree to be contacted with invitations, offers and promotions as part of your membership. We use the information collected to tailor our invitations, offers and promotions to you. You will be the first to know of new offers and promotions as soon as they start.

2.5 As a loyalty member every time you purchase Goods in a South African Bras N Things Retail Store and provide your loyalty membership details (email address or phone number) you will accumulate 1 point for every R1 spent (excluding gift card purchases and delivery costs). Each and every time you accumulate 1,000 points across one (1) or more orders, you will receive a spend and save reward voucher entitling you to receive R50 off your next transaction within a Bras N things Store when the total transaction exceeds R1000. If you are eligible for a spend and save voucher, you will be emailed a QR code to the email provided at time of account creation. You may present this QR code on your mobile when in-store. Individual spend and save vouchers are valid for 90 days from the date of issue and can only be redeemed once. A total of three (3) spend and save vouchers can be used in a single transaction, however, they can be used in conjunction with other offers and promotions unless expressly prohibited in the offer or promotion terms and conditions. The spend and save voucher can only be used to buy Goods from a Bras N Things Retail Store in the country where your loyalty membership was created.

2.6 If you remain subscribed to receive Bras N Things emails, each year a birthday reward voucher will be sent to the account email on the date of your birthday. It is the Members responsibility to ensure they have provided the correct email address as vouchers will not be re-issued if sent to an address that has been provided incorrectly. Birthday vouchers are valid for 30 days from the date of issue, can only be redeemed once and have a minimum spend of R600. A total of (1) birthday voucher can be used in a single transaction and they can be used in conjunction with other offers and promotions unless expressly prohibited in the offer or promotion terms and conditions.

2.7 Upon signing up to be a loyalty member for the first time, you will be sent a welcome reward voucher to the account email. It is the Members responsibility to ensure they have provided the correct email address as vouchers will not be re-issued if sent to an address that has been provided incorrectly. Welcome vouchers are valid for 30 days from the date of issue, can only be redeemed once and have a minimum spend of R500. A total of (1) welcome voucher can be used in a single transaction and they can be used in conjunction with other offers and promotions unless expressly prohibited in the offer or promotion terms and conditions.

2.8 Rewards vouchers cannot be redeemed for cash or used to pay for gift cards. Reward vouchers may be used in Bras N Things stores, however are not redeemable at Bras N Things Outlet stores or online at this time. For a change of mind refund on items purchased using a rewards voucher, items must be returned in original condition and you will be refunded a pro-rated amount of the transaction cost excluding any voucher amounts that contributed towards the purchase. Exchanges can be made in Bras N Things stores only.

2.9 If you no longer wish to be contacted and receive Bras N Things emails, please exercise the “unsubscribe” option on these invitations, offers and promotions. If you unsubscribe you will no longer be eligible to receive any loyalty member offers, promotions and vouchers sent via email inclusive of your birthday and spend and save vouchers.

2.10 You must not allow any other person to use your Bras N Things loyalty membership details. You agree that you are solely responsible for all activity that occurs using your Bras N Things loyalty membership details, including the purchase of any goods. You also agree that you will be responsible for the conduct of any person who uses your Bras N Things loyalty membership details, whether or not you have authorised that use. We may refuse to accept your loyalty membership details if we reasonably believe that they are used in contravention of these Terms and Conditions.

2.11 If you become aware of any breach of security or unauthorised access to or use of your Bras N Things loyalty membership details, you must immediately notify us by calling Bras N Things Customer Care Team.

2.12 We may decide to suspend or discontinue the Bras N Things loyalty program or your membership of that program at any time. We will contact you on the email address that you have provided if the Bras N Things loyalty program, or your membership of that program, is to be suspended or terminated. We may also amend the Bras N Things loyalty program at any time by updating these Terms and Conditions. Continued use of your loyalty membership details after such an amendment constitutes acceptance of the varied terms.

2.13 You may terminate your membership at any time and for any reason by requesting so in any South African Bras N Things Retail Store at the register, or by contacting Bras N Things Customer Care Team.

13.14 Bras N Things Cheeky Rewards Limited Time Benefits Terms and Conditions

For a limited time, Bras N things is delighting new Cheeky Rewards Members with a special offer. The below sets out the additional terms and conditions for the offer period, outlining customer eligibility and exclusions.

New members are eligible to receive these offers from Tuesday 24 May to Sunday 4 June, 2023.

New Member Double Welcome Offer:
- All customers not currently signed up to the Cheeky Rewards member program in South Africa are eligible.
- When signing up to Cheeky Rewards during the offer period, a new member will receive a R200 voucher to use on their next purchase.
- Customers may sign up at any Bras N Things store
- Voucher is valid for 30 days from the date of issue and can be redeemed at any Bras N Things store.

Hanes Australsia employees are not eligible to participate in these offers. All other standard Cheeky Rewards program terms and conditions available as stated above apply to the program and the use of any rewards vouchers issued during the offer period.

PART C: Terms and conditions for submissions

3. OWNERSHIP OF SUBMISSIONS

14.1 Other than personal information which is subject to our Returns Policy all comments, blogs, feedback, suggestions, questions, ideas, artwork, images, product or marketing ideas and any other submissions disclosed, submitted or offered to Bras N Things on or through the Website or otherwise disclosed, submitted or offered by you (collectively, "Submissions") shall become and remain the property of Bras N Things once submitted. You must comply with the content standards for Submissions set out in these Terms and Conditions. You warrant that you own or have the right to use any Submissions and that your Submissions will comply with these standards and guidelines. You warrant that you have the right to grant to Bras N Things the rights set out in these Terms and Conditions in respect of your Submissions.

4. SOCIAL NETWORKING SITES

15.1 These Terms and Conditions also govern any Submissions you make on any Bras N Things related third party website or page such as our Facebook page, Instagram, TikTok, Twitter, YouTube or other social networking sites. All comments, images, videos and any other type of material posted on any third party social networking site do not necessarily reflect the opinions or ideas of Bras N Things or its employees and Bras N Things is not responsible for any such content. In any event, all material posted on any third party social networking site must comply with these Terms and Conditions and the third party social networking sites terms of use, as applicable.

5. INTELLECTUAL PROPERTY RIGHTS IN SUBMISSIONS

16.1 A disclosure, Submission or offer of any Submissions and your agreement to these Terms and Conditions shall constitute an assignment to Bras N Things of any intellectual property rights in the disclosure or Submission. Whenever you make use of a feature that allows you to upload material to the Website, including questions, or to make contact with other users of the Website or to make Submissions on any Bras N Things’ related third party website or page, you must comply with the content standards set out below (including the spirit of those standards) and with these Terms and Conditions.

6. CONFIDENTIALITY

17.1 Any material you upload to the Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any material in the Submissions for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Website or any Bras N Things’ related third party social networking site or page constitutes a violation of their intellectual property rights, or of their right to privacy or any other rights. We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website. We have the right (but no obligation) to remove any Submissions you make on the Website if, in our opinion, such Submission does not comply with the content standards set out below (including the spirit of those standards).

7. RULES FOR SUBMISSIONS

7.1 Please be polite and only write in English.

7.2 You confirm that the Submission is your own and that the content does not infringe the material, trade marks or intellectual property rights of others.

7.3 If you require an immediate response from us or have a comment about our service please contact us directly for a quicker response.

7.4 Submissions should not include:

1. profanity, blasphemy, spiteful, racist, sexually explicit, sexually gratuitous or discriminatory comments or content that might be considered to be harassment, abuse or threats against the personal safety or property of others

2. comments about other reviewers or bloggers

3. remarks making criminal accusations, or false, defamatory or misleading statements

4. material which impersonates others

5. spam or advertising

6. third party brand names or trademarks

7. personal information about anyone, including yourself, such as phone numbers, postal addresses or credit card numbers

8. HTML code, computer script or website URLs

9. availability, price or alternative ordering or delivery information

10. information about Bras N Things’ suppliers or manufacturers

7.5 Bras N Things, in its absolute discretion, reserves the right to:

1. not publish the Submission or remove it

2. take any appropriate action if deemed necessary

3. remove reviews which relate to seasonal products which are no longer in season

4. Please let us know if you see any Submissions which do not comply with our rules.

PART D: General

8. COPYRIGHT AND TRADEMARKS

8.1 The Website and all material provided on the Website are owned or licensed by Bras N Things, including the "look" and "feel" of the Website, the colour combinations, layout, literary and artistic works, photographs, and all graphical elements. Except where necessary for viewing the material on the Website on your browser, or as permitted under the Australian Copyright Act 1968 (Cth) or other applicable laws or these Terms and Conditions, nothing on the Website may be copied, reproduced, adapted, uploaded to a third party, issued or communicated to the public, linked to, framed, performed in public, distributed or transmitted in any form by any process without the prior written consent of Bras N Things.

8.2 Various trademarks displayed on the Website (whether registered or otherwise), including BRAS N THINGS, BODY BLISS, VAMP, NIGHT GAMES, and ENCHANTED are owned by us. Other product and company names mentioned on the Website may be the trademarks of other people or entities. The trademarks displayed on the Website must not be used or reproduced without the prior permission of the relevant owner. 20.3 If you believe you own the copyright in any work and that work is displayed on the Website without your permission, please contact us and the matter will be investigated.

9. DISCLAIMER

9.1 The information contained on the Website is provided by Bras N Things in good faith. To the best of Bras N Things' knowledge, the information is accurate and current. However, the Website and its contents are provided to you on "as is" basis. The Website may contain errors, faults and inaccuracies and may not be complete and current. Bras N Things and its related bodies corporate, and their directors, officers, employees, and agents ("Bras N Things' Associates") make no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials or products included on the Website, except as otherwise provided, and then only to the minimum extent required, under any applicable laws.

9.2 Subject to any rights you have under any consumer protection law or any other Laws that cannot be excluded, Bras N Things excludes, all implied terms and warranties whether statutory or otherwise, relating to the Website or the subject matter of these Terms and Conditions. You may be entitled to certain rights under consumer protection law or other Laws that cannot be excluded, including any statutory guarantees that are provided under competition and consumer legislation, including, as applicable, the Competition and Consumer Act 2010 (Cth).

10. LIMITATION OF BRAS N THINGS’ LIABILITY

21.1 Subject to any non-excludable liability (including under consumer laws), and the express provisions of these Terms and Conditions, Bras N Things will not be liable to you or any other person for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to damages for loss of profits, business interruption or the loss of data or information, or damages for product liability, personal injury, in contract, tort (including negligence), under statue or otherwise, howsoever caused including arising directly or indirectly from or in connection with any transaction (actual or contemplated) undertaken or attempted to be undertaken through the Website or resulting from use of goods or services supplied to you, or on your behalf, through the Website.

21.2 Subject to any non-excludable liability implied by legislation (including under consumer laws), any liability of Bras N Things or Bras N Things' Associates in connection with goods or services supplied to you will, at the election of Bras N Things, be limited to:

In relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods; and

In relation to Gift Cards, our maximum aggregate liability to you is limited to the Remaining Gift Card Value on your Gift Card; and

In relation to services, the supply of the services again or the payment of the cost of having the services supplied again. The above remedies are in addition to, and not in place of, your rights at law that cannot be lawfully excluded (including in Australia, under the Australian Consumer Law).

21.3 To the extent permitted by law, our liability to you for loss or damage of any kind arising out of your use of, or relating to, this Website will be reduced or limited to the extent (if any) that you cause or contribute to the loss or damage.

11. INDEMNITY

11.1 You agree to indemnify us (including our related companies and our and their directors, officers, employees, agents and contractors) for any loss or damage any of the foregoing suffer if you breach these Terms and Conditions.

12. PRIVACY

12.1 Personal Information, such as your contact details, that you provide to us during the Order process or in connection with a Gift Card will be kept and used by us for the purpose of processing your Order and improving our order process in accordance with Bras N Things’ Privacy Policy.

12.2 You represent and warrant to Bras N Things that all information (including Personal Information) and data provided by you to us through the Website is true, accurate, complete and up to date, and (where relevant) you have obtained the consent of your nominated recipient for gifts to provide their Personal Information to Bras N Things.

13. VIRUS WARNING

13.1 All care is taken to ensure that the Website and data transmissions are free from viruses. However, Bras N Things cannot guarantee that any file or program available for download and/or execution from or via the Website is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. It is your responsibility to scan any such data for viruses. You assume all risk of use of all programs and files on the Website, and you release Bras N Things entirely of all responsibility for any consequences of its use.

14. USE OF COOKIES

14.1 Cookies are small pieces of information that your browser stores on your computer hard drive. We use cookies to provide us with site usage information as well as to assist us to improve and develop the products and services we offer. Our cookies do not contain any personally identifiable information. If you disable cookies on your web browser you may not be able to fully experience all features of the Website.

15. THIRD PARTY SITES

15.1 The Website may contain links to third party sites. Bras N Things is not responsible for the condition or content of those sites as they are not under Bras N Things’ control. You access those sites and/or use those sites’ products and services solely at your own risk. The links are provided solely for your convenience and do not indicate, expressly or impliedly, an endorsement by Bras N Things of the sites or the products or services provided on the sites. Bras N Things does not permit any linkages to the Website without prior permission.

15.2 Any third-party advertising on Bras N Things’ pages of third party social networking sites are not the responsibility of, or endorsed by, Bras N Things. All rights, including copyright in Bras N Things’ pages, are owned by or licensed to Bras N Things. Any use of any Bras N Things’ social networking pages or their contents, including copying or storing them in whole or in part, other than for your own personal, non-commercial use, is prohibited without the permission of Bras N Things. All worldwide rights reserved.

16. ELECTRONIC COMMUNICATIONS

16.1 You consent to receive communications from us electronically and agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. If located in New Zealand, you agree to be bound by any agreement reached through electronic communications as provided in the Electronic Transactions Act 2002.

17. SECURITY AND VIRUSES

17.1 Information and emails sent to us may undergo email filtering and virus scanning, including by third party contractors. We do not warrant that such filters and scans will be effective in removing viruses or other potentially harmful code and we have no liability for any viruses transmitted to you.

18. TERMINATION

18.1 Bras N Things reserves the right to, at its discretion, terminate your access to and use of the Website:

- for convenience, at any time, upon provision of notice to you;
- immediately:

1. 1. if Bras N Things reasonably believes that you have breached these Terms and Conditions, and that breach is not capable of remedy; or
  2. if you have been provided with notice of the breach, and you have failed to remedy that breach within 14 days (where the breach is able to be remedied).

19. GENERAL

19.1 These Terms and Conditions are governed by and are to be construed in accordance with the laws applicable in Victoria. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria or New South Wales and any courts which have jurisdiction to hear appeals from any of those courts (including the Federal Court of Australia, Victoria or New South Wales Registry) and waive any right to object to any proceedings being brought in those courts, including in relation to any dispute in connection with a Gift Card. In any purchase of Goods, your transaction is deemed to have taken place in Alexandria, New South Wales.

19.2 The Website may be accessed from Australia or overseas. Bras N Things makes no representations that the content of the Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Website from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site if and to the extent that they are applicable.

19.3 Only you and Bras N Things shall be entitled to enforce these Terms and Conditions. You may not assign, transfer or sub-contract any of your rights or obligations under these terms to any third party unless we agree. No third party shall be entitled to enforce any of these Terms and Conditions, whether by virtue of legislation or otherwise.

19.4 Bras N Things reserves the right at all times to make changes to these Terms and Conditions. Any variations to these Terms and Conditions will take effect from posting on the Website. The Terms and Conditions which apply at the time of Order are those that govern your relationship with Bras N Things with respect to that Order. If you do not agree to the amended Terms and Conditions, you must immediately cease all use of the Website. Your continued use of the Website will constitute acceptance of the amended Terms and Conditions.

19.5 Bras N Things may give notice to you by electronic mail via the details you have provided to us at the Website. You may give notice to us by emailing us.

19.6 Any provision of these Terms and Conditions that is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability. That does not invalidate the remaining provisions of these Terms and Conditions nor affect the validity or enforceability of that provision in any other jurisdiction.

19.7 A failure or delay by Bras N Things to exercise a power or right under, or enforce strict performance with, these Terms and Conditions does not constitute as a waiver of that power or right, and the exercise of a power or right by Bras N Things does not preclude its future exercise or the exercise of any power or right.

20. CURRENT PROMOTION OR OFFERS

50% OFF Black Friday: Offer is valid in-store and online and is available across selected styles as marked. Offer starts 9:00am SAST Friday 17 November, 2023 and ends at 11:59pm SAST Monday 27 November, 2023.