Terms of service

IMPORTANT

Please read these terms and conditions carefully and make sure that you understand them. We may amend these terms and conditions from time to time as set out in clause 5 below.

These terms and conditions were most recently updated on 18 May 2026.

1.          GENERAL

The headings of the clauses in these Terms are for the purpose of convenience and reference only and shall not be used in the interpretation of, nor modify nor amplify these Terms. Unless a contrary intention clearly appears:

1.1.             words importing:

1.1.1.         any gender includes all others;

1.1.2.         the singular include the plural and vice versa; and

1.1.3.         natural persons include created entities (corporate or unincorporate) and the state and vice versa;

1.2.             In these Terms the following words shall have the meanings assigned to them in this clause 1 and related expressions shall have corresponding meanings, namely:

1.2.1.         "Business Day" means any day other than a Saturday, Sunday or official public holiday in the Republic of South Africa;

1.2.2.         "Consumer" shall have the meaning as contemplated in the CPA;

1.2.3.         "CPA" means the Consumer Protection Act 68 of 2008, as amended from time to time;

1.2.4.         "iamtrend", "we", "us", "our" means iamtrend Proprietary Limited, a company registered and incorporated in accordance with the laws of South Africa, situated at Carl Cronje Drive, Waterside Place 2, Office 2A, South Gate, Bellville, 7530 or such other registered address;

1.2.5.         "Personal Information" shall have the meaning ascribed to it in the Protection of Personal Information Act 4 of 2013;

1.2.6.         "Terms" means these terms and conditions of sale;

1.2.7.         "VAT" means Value Added Tax and shall have the meaning ascribed to it in the Value-Added Tax Act 89 of 1991;

1.2.8.         "Website" means our website at www.iamtrend.com; and

1.2.9.         "you", "your" and "customer" refers to any customer of iamtrend, including yourself.

2.          ACCEPTANCE

2.1.             All purchases and prospective purchases made by you through our Website, are subject to and regulated by these Terms together with the Website Terms of Use (https://www.iamtrend.com/terms-conditions) and Privacy Policy (https://www.iamtrend.com/privacy-policy/).

2.2.             Each order submitted by you using our Website constitutes an offer to purchase products and by ticking the box indicating that you "Agree" to accept the Sale Terms and Conditions at checkout, you accept and become bound by these Terms.

2.3.             Our acceptance of an order placed by you is at all times conditional upon your acceptance of these Terms in the manner indicated in clause 2.2 and subject to the products on our Website being available.

2.4.             In the event that you do not agree to these Terms, you may not proceed with placing your order for the purchase or prospective purchase of products.

2.5.             If you are a minor and/or younger than 18 (eighteen) years of age, you must obtain the written consent and assistance of an adult who is your legal guardian, to accept these Terms and to purchase any products from us.

2.6.             We reserve the right to refuse to process any order placed by any customer on our Website without notice or reason.

3.          USE OF WEBSITE

Your use of our Website is governed by our Website Terms of Use at https://www.iamtrend.com/terms-conditions/. Please take the time to read these, as they include important terms which apply to you.

4.          HOW WE USE YOUR PERSONAL INFORMATION

We only use your Personal Information in accordance with our Privacy Policy available at https://www.iamtrend.com/privacy-policy/. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.

5.          OUR RIGHT TO VARY THESE TERMS

5.1.             We may change/update these Terms from time to time in the following circumstances:

5.1.1.         changes in how we accept payment from you;

5.1.2.         changes in how we price products and pricing;

5.1.3.         changes in relevant laws and regulatory requirements; and

5.1.4.         any other changes that may be required from time to time following changes to our business practices.

5.2.             Every time you order products from us, the Terms in force at that point in time, will apply to the order you placed with us.

6.          PRODUCT AVAILABILITY, DESCRIPTION AND PRICE

6.1.             The images of the products on our Website are for illustrative purposes only. Although we have made every effort to display the colours and dimensions accurately, we cannot guarantee that your device will accurately display the colours and dimensions of the products and type of packaging. The packaging of the products and products themselves may therefore vary from that shown on our Website.

6.2.             We will have the right at any time to make changes to information about products displayed on our Website, including but not limited to information about product prices, materials or the description and availability of products, without prior notice to you.

6.3.             All products shown on our Website and orders made by you for products shall at all times be subject to the availability of the product. Should you place an order for a product which is not available, we reserve the right to not accept your order, regardless of whether we have indicated that the product is available on our Website.

7.          DISPLAYED DISCOUNTS

7.1.             Any discount on products displayed on our Website shall only be valid for:

7.1.1.         as long as we have stock of that particular product on hand as determined by us in our sole and absolute discretion; or

7.1.2.         the period of time for validity of the discount stated on either our Website, in a notification released by us, or in an advertisement placed by us.

7.2.             In the event that there is a conflict between the time frame that a discount applies or the discount percentage amount as stated on our Website, or in a notification, or in an advertisement, the discount or period of validity of the discount as stated on our Website will prevail.

7.3.             Any discount that may be displayed or granted, shall only apply to the actual price of the product as stated on our Website and not to any VAT, transport costs, insurance, storage charges, or other duties, taxes or costs, that may be applicable.

8.          ORDERING PRODUCTS

8.1.             To place an order for products from our Website, you will be required to follow the online step-by-step process as set out on our Website or you can refer to our FAQ page located at https://www.iamtrend.com/faqs/, for guidance.

8.2.             Our online order process allows you to view products and their corresponding prices, to choose which products you would like to order, to check and amend any errors in your product choice, to order and accept to purchase the product at the specified price, to accept associated charges, and to choose the address at which the products must be delivered in accordance with clause 12, before submitting your order to us.

8.3.             Please take the time to read and check your order at each stage of the online order process. We will not under any circumstances, be liable to you for any costs, claims or damages which you may sustain or suffer as a result of incorrectly or erroneously placing an order with us.

8.4.             When you successfully place an order with us, we will acknowledge your order by sending you an automated e-mail, which will confirm:

8.4.1.         the product(s) you have ordered;

8.4.2.         the amount paid by you for the products; and

8.4.3.         that the product will be delivered to you in accordance with clause 12.

8.5.             If for whatsoever reason we are unable to supply you with a product after you have placed an order with us, we will inform you of this by e-mail. In such circumstances, we have a right to cancel and not process your order or any part of your order.

9.          PAYMENT TERMS

9.1.             Unless otherwise agreed, you will be required to pay the purchase price for products ordered by you through our Website and any applicable taxes, duties and costs, without deduction or set-off, at the time of concluding your online order and via our secure payment system where you can enter your banking details to complete payment (using payfast), scan the barcode provided (using snapscan), or pay for your first interest free instalment (using payflex).

9.2.             If your order is unsuccessful and you are unable to make an online payment, an automated email will be sent to you giving you our banking details allowing you to make an eft payment using your order number as a reference or alternatively, you can follow the process to fill out our offline sale form.

9.3.             If you make an eft instead of an online payment you will be required to email your proof of payment to shop@iamtrend.com for your order to be processed.

9.4.             In the event that bank charges and/or other fees are levied on or added to a payment made by you to us from any country or jurisdiction, you acknowledge and agree to be liable for all such bank charges and additional costs.

9.5.             You will be required to pay all applicable VAT levied in terms of the Value-Added Tax Act 89 of 1991, any other taxes ("Taxes") payable under, or arising out of, or in connection with placing an order for and purchasing products on our Website and shall not withhold any Taxes from the payments due to us. Unless otherwise stated, any products listed on our Website are stated inclusive of VAT.

9.6.             You hereby consent to and agree that we may issue you with an invoice in accordance with these Terms or if you request an invoice from us for an order placed by you, in electronic format via email and/or through the Website.

10.       NOTIFICATION OF SPECIAL PURPOSE

10.1.          If you intend to purchase any goods which you require for or intend to use for a special or particular purpose, other than the purpose for which the goods are ordinarily used, in such circumstances, you are required to communicate the full particulars of the purpose of the product to us in writing before purchasing the product.

10.2.          Upon receiving a written notification from you in accordance with clause 10.1, if in our opinion the product will meet the special or particular purpose for which you are intending to purchase the product for, we will provide you with written confirmation to this effect.

10.3.          Should you not comply with the requirement as set out in clause 10.1 and/or should we not provide you with written confirmation in accordance with clause 10.2, that the product will be suitable for the special or particular purposes that you intend purchasing it for, unless otherwise provided in law, we will not be liable (including but not limited to accepting the return of, or refunding you the purchase price of the product unless in accordance with clause 15), should you proceed to purchase a product and the product fails to be suitable for the special or particular purpose as intended by you.

11.       CANCELLATION OF ORDERS

11.1.          We shall pay refunds for the cancellation of an order by you in the following circumstances:

11.1.1.      general: if you place your order before 12 PM / midday, your order will be shipped on the same day. If you place your order after 12 PM / midday, it will be shipped to you the next Business Day.

11.1.2.      cancellation prior to the date of shipment for delivery: with reference to clause 11.1.1, you have a right to cancel your order prior to 12 PM / midday on the date of shipment/dispatch of the product for delivery to you, in which instance, we will refund any amounts paid by you in respect of the products; or

11.1.3.      cancellation after the product has been shipped for delivery: with reference to clause 11.1.1, you have a right to cancel your order once the product has been shipped to you, but prior to delivery of the product to you, in which instance, you will be liable for any costs associated with shipping the product back to us and/or cancelling the shipment, together with a handling fee equal to a percentage of the purchase price paid by you, as determined by us in our sole and absolute discretion, which amounts will be deducted from the purchase price before repayment to you.

11.2.          Notwithstanding anything in these Terms, you will not be able to cancel an order for products that we have specially ordered for you at your request.

12.       DELIVERY AND SHIPPING

General

12.1.          No collection of purchased Products is possible and we only deliver.

12.2.          We shall in our sole discretion, be entitled to charge an additional fee for shipping and delivery of the products. Additional charges for shipping and delivery will be confirmed to you during the order process and payable prior to delivery. In the event that certain shipping and delivery costs become due and payable after your order has been processed, we will be entitled to charge you for any such amounts.

12.3.          We shall in our sole discretion decide which service provider will ship and deliver your order to you and to which areas and/or countries we will ship and deliver our products.

12.4.          Provided that we have the products you have ordered in stock, we will aim to process and deliver your order within 2 (two) to 4 (four) Business Days of receiving your order through our Website.

12.5.          Notwithstanding clause 12.4, any dates stipulated for delivery in your order confirmation are approximate only, and it is expressly agreed that time of delivery of the products is not of the essence. We will however aim to communicate any delay in delivery to you in a timely manner.

12.6.          If for whatsoever reason an order is delivered later than indicated to you, we will not under any circumstances, be responsible for losses, claims, or damages suffered by you as a result of a delay in delivery, including for any expedited shipping costs.

12.7.          Once an order has been delivered to you at your chosen delivery address, you will be issued with a delivery confirmation, which will serve as necessary proof that the product has been delivered to you.

12.8.          If at the time of delivery of the product, you have not had an opportunity to examine or inspect the product before placing your order, and if the product is not:

12.8.1.      the product you ordered; or

12.8.2.      of the type or quality one could reasonably expect from such a product,

you will be required to notify us within 14 (fourteen) days of receiving delivery of the product and follow the return process set out in clause 15.

12.9.          We shall be entitled to suspend any delivery if you are in breach of any of these Terms (all of which terms are considered material) and/or the terms of any other agreement we may have with you.

12.10.        Notwithstanding anything in these Terms, we shall be entitled, in our sole and absolute discretion, to refuse to deliver a product that requires payment of fees that have not been prepaid by you.

Undeliverable Orders

12.11.        If you fail to take or accept delivery of the products, we shall contact you to arrange a further time for delivery and charge you for all related costs and expenses (including insurance and shipment costs) to redeliver the product to you.

12.12.        Notwithstanding clause 12.11, should you continue to fail to take delivery of the product, we may at our sole discretion cancel your order, deduct any amounts due by you for charges and costs related to attempting to deliver the product to you (including shipping and delivery costs, handling fee and restocking fee), and refund the balance of the purchase price paid by you less any such amounts, within a reasonable period of time.

12.13.        Any orders that are returned to us as refused by you or such other person purporting to act on your behalf, will be dealt with in accordance with clause 12.12.

13.       DAMAGED OR MISSING PRODUCTS

13.1.          If a product is delivered to you and is damaged, you must notify us at shop@iamtrend.com as soon as you have become aware that the product is damaged but no later than 14 (fourteen) days after delivery of the product to you. In such an instance:

13.1.1.      we will contact you to commence with the process to investigate the damaged product and inform you of the steps you must take; and

13.1.2.      you are required to keep all of the packaging material, boxes and broken parts until such time as we, or the shipping company, have completed our/their investigation into the damaged product.

13.2.          If you are missing any items from your order, you must notify us at shop@iamtrend.com, as soon as you become aware of the missing product by no later than 14 (fourteen) days after having taken delivery of the product.

13.3.          If you fail to report damaged and/or missing products to us within the time periods stipulated in clause 13.1 or 13.2, we will not be required to replace such damaged or missing products under any circumstances.

14.       LOST PRODUCT

14.1.          If you do not receive delivery of your product and the delivery confirmation shows that the product has been delivered to you, you must notify us as soon as you become aware of this so that we can initiate a lost package tracer with our designated shipping company.

14.2.          We will not be obliged to redeliver any lost product until such time as the shipping carrier or courier company who was appointed by us to deliver your product to you, has officially terminated the request to trace or track the lost product and/or has granted permission for a replacement product to be shipped to you. Please note that this is the policy of our designated shipping company and not our own internal policy.

14.3.          We cannot guarantee that any packages will be credited by the designated shipping carrier until the process referred to in clause 14.1 and 14.2 is complete.

15.       RETURNS, EXCHANGES AND REFUNDS

General

15.1.          We allow refunds and exchanges within 14 (fourteen) days after delivery has been completed by the courier provided that the product is in the original packaging.

15.2.          No returns will be accepted without proof of purchase, unless we agree otherwise or permitted by law.

15.3.          Any product that is returned to us in accordance with these Terms, must be unused and in a saleable condition, as determined by us in our sole discretion.

15.4.          Notwithstanding anything in these Terms, we will not be required to accept the return or exchange of:

15.4.1.          products that have been specially ordered for you;

15.4.2.          items bought on sale and/or promotion; or

15.4.3.          complimentary items or free gifts with purchase.

15.5.          We are entitled, in our sole discretion, to charge you a reasonable handling fee and/or amount to repackage and restock any returned product.

15.6.          Notwithstanding anything in these Terms, we reserve the right to withhold any refund or to exchange a product which you claim to be defective, until such time as the defective product has been completely examined by the manufacturer.

15.7.          We will not under any circumstances be liable to you for any costs, losses, or inconvenience suffered by you, or a third party, as a result of or related to a defective product.

16.       RETURNS

Returns by Consumers

Notwithstanding any other term of these Terms, clauses 16.1 to 16.5 which regulate the return of products, shall only apply to you if you are a Consumer.

Returns within 14 (fourteen) days

16.1.          We will accept the return of products purchased through our Website within 14 (fourteen) days from the date of delivery of the product to you and provided that:

16.1.1.          the product has not been used;

16.1.2.          is returned in the original packaging and in a saleable condition; and

16.1.3.          you have the relevant proof of purchase and/or delivery.

16.2.          You will be liable for all fees and costs associated with shipping and/or returning a product to us in accordance with clause 16.1.

          Returning defective goods

16.3.          Subject to clause 16.4 and 16.5, if the product is not:

16.3.1.          reasonably suitable for the purpose that it is intended to be used for;

16.3.2.          of good quality, free of defects and in good working order; and/or

16.3.3.          durable and usable for a reasonable period of time;

you shall be entitled to the return the product to us within 6 (six) months of delivery of the product to you and shall be entitled to elect:

16.3.3.1. that we replace the product;

16.3.3.2. repair the product; or

16.3.3.3.         return the product and receive a full refund of the purchase price, and

in such an instance referred to in clause 16.3 we shall reimburse you for all fees and costs associated with returning the defective product to us.

16.4.          We make no warranty or guarantee regarding our eyewear’s fitness for the purpose of modification for prescription lenses and we will not under any circumstances be liable for any defects of any eyewear fitted with prescription lenses or altered in anyway. Any modifications to our eyewear are done at your own risk.

16.5.          Where defects are alleged to be present in purchases where the eyewear has been modified, including for prescription lenses, we will need to inspect the eyewear in order to access the defect and determine whether it’s a latent defect due to manufacturing or as a result of the modifications to the eyewear including for purposes of inserting prescription lenses. Our determination regarding whether we are responsible for the defective eyewear or not will be final.

17.       EXCHANGES

17.1.          Once an exchange has been requested, provided that the purchase meets all our requirements for an exchange (clause 15), one of our consultants will email you to request that you eft the new delivery fee to secure the exchange. This fee will be the same as the amount that you paid for your initial delivery.

17.2.          Once we have received proof of payment from you via email, collection will be booked for the product you wish to exchange. When we receive your product, provided that it is in its original condition and packaging, we will deliver the product you have exchanged them for. You will be liable to pay the delivery fee of the exchanged item.

17.3.          Full price products may only be replaced with other full-priced products and not items that are on sale.

17.4.          Products eligible for exchanges and refunds may be refunded into your original method of payment or you will receive an iamtrend credit. Any credit held by you will expire when the full value is redeemed or on a date 3 (three) years after the date of issue, whichever is the earlier.

18.       REFUNDS

18.1.          We will give you a refund based on the original payment method used to buy the products and the original purchase price paid by you.

18.2.          Once a refund has been requested, provided that the purchase meets all our requirements for a refund (clause 15), a consultant will book a collection for the product at the address provided on your account.

18.3.          When we receive the product, will process your refund.

18.4.          We charge a refund fee, this fee will be the same as the amount that you paid for your initial delivery to collect the eyewear and will be deducted from the total amount refunded.

18.5.          Refunds take approximately 1 (one) to 5 (five) Business Days to process. EFT and credit card refunds will take 2 (two) to 3 (three) Business Days to reflect in your account due to the reflection delay between banks.

18.6.          Please note that shipping fees are not refundable (unless the item is returned in accordance with clause 16.3).

19.       OWNERSHIP AND RISK

19.1.          Risk in and ownership of the products will pass to you on delivery.

19.2.          In the event that we have not received full payment of the purchase price of the products and any applicable taxes, duties and costs on the date of delivery from you, ownership will only pass to you once we have received full payment of such amounts.

19.3.          We will not under any circumstances, be responsible for lost or stolen products that have been successfully delivered to you.

19.4.          For purposes of these terms, a delivery confirmation will serve as necessary proof that the products have been successfully delivered to you.

20.       QUALITY OF GOODS

20.1.          We will endeavour to at all times supply products that:

20.1.1.          are reasonably suitable for the purposes for which they are generally intended;

20.1.2.          are of good quality, in good working order and free of any defects;

20.1.3.          will be useable and durable for a reasonable period of time, having regard to the use to which they would normally be put and to all the surrounding circumstances of their supply; and

20.1.4.          comply with any applicable standards set under the Standards Act, 1993 (Act No. 29 of 1993), or any other public regulation.

20.2.          The customer accepts that in the supply chain, we are only the seller of the products and that we are not the manufacturer of the goods.

21.       LIMITATION OF LIABILITY AND INDEMNITY

21.1.          Subject to any applicable laws, you agree that we will not be liable for any costs, claims, damages (including, without limitation, indirect, extrinsic, special, penal, punitive, exemplary or consequential loss (such as loss of profits, business, goodwill, revenue or anticipated savings) or damage of any kind), penalties, actions, judgments, suits, expenses, disbursements, fines or other amounts that you or any third party might suffer that relate to or arise from these Terms or your purchase and use of a product through our Website, or termination of these Terms, for any reason, whether or not anyone anticipated or should have anticipated that the damages would occur.

21.2.          Subject to any applicable laws, you agree to indemnify and hold us harmless in respect of any claim that a third party might bring against us that relates to or arises from these Terms or your purchase and use of a product through our Website.

22.       MISCELLANEOUS TERMS

22.1.          The law of the Republic of South Africa will apply to these Terms, its interpretation and any matter or litigation arising from them.

22.2.          You consent to the jurisdiction of the Magistrate's Court for any action arising out of these Terms, notwithstanding that the claim or the value of the matter in dispute might be more than the monetary jurisdiction of the Magistrate's Court.

22.3.          You agree to be liable for all legal costs including costs on the scale as between attorney and his own client and collection charges and tracing costs in the event of a dispute between us.

22.4.          In the event that any part of these Terms is found to be partially or fully unenforceable for failure to comply with applicable laws, or for any other reason, this will not affect the application or enforceability of the remainder of these Terms.

22.5.          No representative, agent or consultant has any authority to waive or vary any of the terms in these Terms or make any representations whatsoever on our behalf.

22.6.          Address for service for all purposes under these Terms, shall be the address provided by the Customer for delivery of the product and our address as being Carl Cronje Drive, Waterside Place 2, Office 2A, South Gate, Bellville, 7530. Any notice or communication required or permitted to be given in terms of this agreement shall be valid and effective only if in writing, which shall include giving notice by e-mail.

INTRODUCTION

1.1 Our Terms of Service read together with our Privacy Policy located here and Website Terms and Conditions of Use located at here, both incorporated herein by reference, constitute a legally binding agreement (“Agreement”) between you and iamtrend (as defined below) governing your access to and use of our Website located at www.iamtrend.com, including any subdomains thereof or mobi-sites (collectively, “Website”).

1.2 When these Terms mention “iamtrend”, “we”, “us” or “our” it refers to the Proprietary Limited (Registration No. 2015/122071/07), a for profit private company registered and incorporated in accordance with the laws of the Republic of South Africa, with its registered address located at Office 2A, Waterside Place 2, South Gate, Tyger Waterfront, Cape Town, South Africa, 7530.

1.3 We provide the Website to you subject to these Terms, which govern the use of the Website and may be updated by us from time to time in accordance with section 3 of these Terms.

1.4 The Website contains information relating to the sale of eyewear and provides related products and services.

1.5 Reference to “personal information” in these Terms means “personal information” as defined in the Protection of Personal Information Act 4 of 2013 (“POPI”).

1.6 Please familiarise yourself with the terms of our Privacy Policy before you use the Website.

1.7 The terms of our relationship with you should you purchase any of our products are detailed in and governed by our Terms and Conditions of Service Agreement.

APPLICATION AND BINDING EFFECT OF THESE TERMS

2.1 Your continued use of the Website indicates that you:

2.1.1 have read and agree to be bound by these Terms;

2.1.2 warrant in favour of us that you are 18 (eighteen) years of age or older and/or you have the full legal capacity to agree to and be bound by these Terms; and

2.1.3 accept that these Terms constitute a contract valid and binding on you and enforceable against you.

2.2 If you are under the age of 18 (eighteen) or if you are not legally permitted to enter into a binding agreement, then you may use the Website only with the involvement and supervision of your parent or legal guardian. If your parent or legal guardian supervises you and gives his/her consent, then such person agrees to be bound by these Terms and to be liable and responsible for you and all your obligations under these Terms.

2.3 You cannot use the Website if you do not accept these Terms.

2.4 All sections of these Terms are applicable to you unless the section expressly states otherwise.

2.5 If you do not agree with any of the clauses in these Terms you must stop using the Website.

2.6 These Terms are binding and enforceable against all users of the Website. Additional specific terms may apply for specific services and/or products offered through the Website. If there is a conflict between these Terms and the specific terms, the specific terms will apply.

2.7 We may amend these Terms from time to time without prior notice to you. Each new or amended version of the Terms becomes binding on you each time you visit and/or use the Website.

2.8 We will process personal information in accordance with the Privacy Policy located here which is incorporated herein by reference.

CHANGES TO THESE TERMS

3.1 iamtrend may, in its sole discretion, change any of these Terms at any time in accordance with this provision.

3.2 If we make changes to these Terms, we will post the revised Terms on the Website and update the “Last Updated” date at the top of this Agreement.

3.3 It is your responsibility to regularly check these Terms and make sure that you are satisfied with the changes. Should you not be satisfied, you must not use the Website.

3.4 Any such change will only apply to your use of the Website after the change is displayed on the Website. If you use the Website after such amended Terms have been displayed on the Website, you will be deemed to have accepted such changes.

3.5 If you disagree with the revised Terms, you may terminate this agreement with immediate effect and cease using our Website.

IMPORTANT NOTICE

4.1 These Terms apply to users who are consumers for purposes of the Consumer Protection Act 68 of 2008 (the “CPA”).

4.2 These Terms contain provisions that appear in similar text and style to this clause and which:

may limit the risk or liability of iamtrend or a third party; and/or
may create risk or liability for the user; and/or
may compel the user to indemnify iamtrend or a third party; and/or
serves as an acknowledgement, by the user, of a fact.

4.3 Your attention is drawn to these provisions because they are important and should be carefully noted.

4.4 If there is any provision in these Terms that you do not understand, it is your responsibility to ask iamtrend to explain it to you before you accept the Terms or continue using the Website.

4.5 Nothing in these Terms is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or iamtrend in terms of the CPA.

4.6 iamtrend permits the use of the Website subject to the Terms. By using the Website in any way, you shall be deemed to have accepted all the Terms unconditionally. You must not use the Website if you do not agree to the Terms.

ENQUIRIES

5.1 You can address any questions or concerns arising from these Terms or your use to shop@iamtrend.com.

ACCESS, REGISTRATION AND LOGIN DETAILS

6.1 You may be required to register an account (“iamtrend Account”) to access and use certain features of the Website, such as requesting further information about our products or accessing certain functionalities, and you will be required to submit your full name, surname, email address, and contact details and other information.

6.2 If you are registering an iamtrend Account for a business, organisation or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.

6.3 You register an iamtrend Account using an email address (username) and creating a password.

6.4 You must provide accurate, current and complete information during the registration process and keep your iamtrend Account up-to-date at all times.

6.5 Your right to access and use the Website is personal to you and may not be transferred to any other person or entity. By entering your username and password, we are entitled to assume that the person using the Website is you. You agree and warrant that your username and password will be used for personal use only and not be disclosed by you to any third party.

6.6 You accept complete responsibility to keep your details, username and password safe, secure and confidential and may not disclose your credentials to any third party.

6.7 For security purposes you agree to enter the correct username and password, failing which you will be denied access.

6.8 You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable to comply with the terms and conditions applicable to any products purchased by you, including but not limited to applicable payment terms.

6.9 When you submit your personal information and other content through the Website, you agree that we may use such information to provide products and/or services to you and that your personal information will be shared in accordance with our Privacy Policy.

6.10 You must familiarise yourself with and follow the security procedures communicated by us on the Website or through other mediums from time to time. You agree and accept that if you fail to follow the recommended security procedures it may result in a breach of the confidentiality of your personal information and may lead to unauthorised access of your account and personal information.

6.11 If you are a business, you must ensure that only authorised persons have access to and are allowed to use the Website with your secure login details. You and/or your business are however responsible for any action of those individual(s) (whether authorised or not) when they interact with us. You must change your details when authorised persons leave your service or are no longer authorised to use the Website.

6.12 You are responsible for keeping all of your personal information, usernames and passwords up-to-date, secure and confidential and must notify us immediately if there has been, or if you suspect, any breach of security or confidentiality relating to your use of the Website.

6.13 We may at any time request that you provide, in a form satisfactory to us, documentary evidence establishing and/or confirming your identity as the registered user of the Website (if applicable).

6.14 Your access to or use of certain areas and features of the Website may be subject to separate policies, standards or guidelines, or may require that you accept additional terms, before you can access the relevant areas or features of the Website. If there is a conflict between these Terms and further terms applicable to a specific area or feature of the Website, the further terms will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the further terms.

SOCIAL MEDIA INTEGRATION

7.1 Where we indicate it, using the Website may connect to various social media sites or apps, including Facebook, Twitter, LinkedIn, Instagram, TikTok and Google+, for purposes of creating user profiles, or logging in or sharing information.

7.2 If you proceed to use the Website in this case, the respective social media platform’s rules will apply and you will be prompted to accept to integrate before integration can occur.

LIABILITY AND INDEMNITY FOR USE OF INFORMATION AND IMAGES

8.1 The use of our Website and purchase of products by you is entirely at your own risk and you assume full responsibility for any risk or loss resulting from the use of the Website, the products provided or reliance on any information on the Website.

8.2 Except if we expressly indicate on the Website, we do not give any medical, financial, tax, legal or other advice, prognosis or diagnosis and information provided on the Website is strictly for information purposes only.

8.3 Whilst iamtrend takes reasonable measures to ensure that the content on the Website is accurate and complete, we give no guarantee of any kind concerning the content on the Website and give no warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website, or make any representation that the Website will operate error-free or without interruption or downtime or that any errors will be corrected or that the content is complete, accurate, up to date, or fit for a particular purpose.

8.4 The Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.

8.5 We give no guarantee of any kind concerning the products and/or services provided through the Website and give no warranties, whether express or implied, of whatsoever nature in relation to the products and/or services including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.

8.6 Any views or statements made or expressed on the Website are not necessarily the views of iamtrend, its directors, employees and/or agents.

8.7 You rely on any opinion or any other information provided on or through the Website and conclude any purchase for products through the Website entirely at your own risk and we will not under any circumstances be liable to you or any third party for damages or losses (whether financial or otherwise) suffered should you or a third party rely on any of the information on the Website.

8.8 You indemnify and hold us (including our directors, agents, contractors and service providers) harmless against all and any loss, liability, actions, suites, proceedings, costs, demands and damages of all and every kind (including direct, indirect, special or consequential damages), and whether in an action based on contract, negligence or any other action, arising out of or in connection with the use of the Website, the purchase of and provision of products by/to you, the use or reliance on any information and images contained on the Website, or the use of information and/or images relating to any products, whether due to our (including our directors’, agents’, contractors’ and service providers’) negligence or not.

8.9 In addition to the disclaimers contained elsewhere in these Terms, iamtrend also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risks associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of iamtrend, its employees, agents or authorised representatives. iamtrend thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Website.

USING ELECTRONIC DEVICES TO ACCESS THE WEBSITE

9.1 You may only be able to access and use the Website or any products sold on our website or services provided via the Website by using electronic devices (“devices”) which have the required specifications.

9.2 Not all devices may support the use of the Website. It is your responsibility to use a device that supports the Website and to keep your device updated and/or in a condition for it to support the use of the Website.

9.3 We are committed to business practices in compliance with the POPI. By registering on the Website, you agree that we may process your personal information in terms of this clause as it may be amended from time to time, or such further privacy policies that may be published on the Website, in compliance with POPI or such other laws as may be or become applicable.

9.4 You are solely responsible for all internet data usage charges incurred while downloading or using the Website.

RISK, LOSS OR DAMAGES

10.1 You hereby agree that subject to applicable law, we will not be liable for:

10.1.1 any interruption, malfunction, downtime, off-line situation or other failures of the Website, our systems, databases or any of its components;

10.1.2 any loss or damage with regard to the use of your personal information or data, or any loss directly or indirectly caused by a malfunction of our system, third party systems, power failures, unlawful access to or theft of data, computer viruses or destructive code on our system or third party systems or programming defects; and/or

10.1.3 any interruption, malfunction, downtime or other failures of the Website due to, without limitation, third-party systems such as the public switched telecommunication service providers, internet service providers, electricity suppliers, local authorities and certification authorities, or any other event over which we have no direct control.

10.2 iamtrend disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.

10.3 Neither you nor us (or our personnel), will be liable for any failure to perform any obligation to the other due to causes beyond your, our (or our personnel’s) respective reasonable control. This includes lightning, flooding, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes, acts or omissions of persons for whom we are not responsible, acts of government or other competent authorities (including telecommunications and internet service providers).

TRANSMISSION AND ACCURACY OF ELECTRONIC INFORMATION

11.1 When you visit the Website or send email communication to us, you consent to receiving communications from us or any of our, affiliates or partners electronically in accordance with our Privacy Policy located here.

11.2 We implement reasonable security measures to ensure the safety and integrity of the Website. However, despite this, information that is transmitted over the Internet may be susceptible to hacking, theft or other forms of unlawful access.

11.3 We are not responsible for any unlawful access, monitoring and modification of information transmitted via the Website or as a result of your use of the Website nor are we responsible for the proper and/or complete transmission of the information contained in any electronic communication or of the electronic communication itself nor for any delay in its delivery or receipt via the Website or resulting from your use of the Website.

DEEMED RULES FOR SENDING AND RECEIVING ELECTRONIC MESSAGES

12.1 You hereby acknowledge that we will primarily use e-mail and electronic notices or messages sent through the Website as our main communication tool for all communications relating to your use of the Website. These communications may include the use of SMS (short message services), phone calls, email or other communication channels.

12.2 You agree that the following terms will apply when you (or any one acting on your behalf) and us communicate via electronic messages sent through electronic means, including via the Website directly or email:

12.2.1 all electronic message will be deemed sent from, and received at your specified e-mail address or mobile phone and your address as specified in these Terms;

12.2.2 an electronic message is deemed to have been sent:

12.2.2.1 by you, at the time at which we are capable of accessing such message;

12.2.2.2 by us, at the time shown on the electronic message as having been sent; or

12.2.2.3 if not so shown, at the time shown on our system as having been sent.

12.3 An electronic message is deemed to be received:

12.3.1 by you, once it becomes capable of being retrieved by you; or

12.3.2 by us, once we have confirmed receipt thereof or responded thereto, whichever is the earlier.

12.4 An electronic message shall be attributed:

12.4.1 to you, if it purports to have originated from you, irrespective of the fact that someone else may have impersonated you or whether the electronic message sent to us resulted from an error or malfunction in the communication system, except if you can timeously satisfy us otherwise before we have acted upon the message; or

12.4.2 to us, if it has been sent by a duly authorised representative and the representative acted within the scope of its authority or by an automated system programmed by us and the system operated without error or malfunction.

12.5 Unless otherwise provided for in these Terms, confirmation by us of receipt of your electronic message is required to give legal effect to the electronic message.

VIRUSES

13.1 We will take reasonable steps to prevent viruses from attacking the Website, but cannot guarantee or warrant that should you access and use the Website or that any information available for downloading from the Website will be free from infection, viruses and/or other code that has contaminating or destructive properties and subject to these Terms, we expressly exclude our liability in this regard.

13.2 You are responsible for, and we recommend that you take your own precautions and implement sufficient procedures to satisfy your particular security requirements.

THIRD-PARTY SITES

14.1 The Website may contain links or references to other Websites (“Third Party Websites”) which are outside of our control, including those of advertisers. These Terms do not apply to those websites and iamtrend is not responsible for the practices and/or privacy policies of those websites or the “cookies” that those sites may use.

14.2 Notwithstanding the fact that the Website may refer to or provide links to third-party websites, your use of such third-party websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such third party websites or your reliance on any information contained thereon.

14.3 The inclusion of any hyperlinks or any advertisement of any third party on the Website does not mean that we endorse such third party or apps, their products, services, business or security practices.

LIMITATION OF LIABILITY

15.1 iamtrend cannot be held liable for any inaccurate information published on the Website and/or any incorrect information displayed on or transmitted through the Website, save where such liability arises from the gross negligence or wilful misconduct of iamtrend, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by going to the “Contact Us” tab located here.

15.2 iamtrend SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, THE WEBSITE OR THE CONTENT CONTAINED IN THE WEBSITE; OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE.

15.3 YOU HEREBY INDEMNIFY IAMTREND AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THE WEBSITE AND/OR THE PROVISION OF PRODUCTS AND/OR SERVICES TO YOU THROUGH THE WEBSITE.

AVAILABILITY AND TERMINATION

16.1 We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.

16.2 iamtrend may in its sole discretion terminate, suspend and modify the Website, with or without notice to you. You agree that iamtrend will not be liable to you in the event that it chooses to suspend, modify or terminate the Website other than for processing any requests/purchases made by you prior to such time, to the extent possible.

16.3 If you fail to comply with your obligations under these Terms, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.

16.4 iamtrend is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept any request, and/or to cancel any request concluded between you and iamtrend, in whole or in part, on notice to you. iamtrend accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any request.

INTELLECTUAL PROPERTY RIGHTS

17.1 You acknowledge and agree that all rights, title and interest in, and to, any intellectual property (including but not limited to any copyright, trademark, design, logo, photographs, diagrams, designs, process, practice, methodology which forms part of, or is displayed or used on the Website, including, without limitation, any graphics, logos, designs, text, button icons, images, audio clips, digital downloads, data compilations, page headers and software) is our property or the respective owner(s) property and will remain so vested in all circumstances.

17.2 You therefore agree that you will not at any time or under any circumstances acquire any intellectual property rights of any nature by using the Website or services provided through the Website.

17.3 You agree that you will not at any time, whether alone or in conjunction with any third party, attempt or actually:

17.3.1 copy or distribute any of the content available on the Website;

17.3.2 use the Website for commercial purposes, unless we have agreed that you may do so in writing;

17.3.3 alter, reverse-engineer, modify, circumvent, disable, amend, tamper with or change any part of the Website;

17.3.4 alter, reverse-engineer, modify, circumvent, disable, amend, tamper with or change any security features of the Website;

17.3.5 infect the Website with any software, malware or code that may infect, damage, delay or impede the operation of services provided through the Website or which may intercept, alter or interfere with any data generated by or received through the Website; or

17.3.6 allow any third party to use your usernames and passwords in any manner other than as permitted by these Terms.

WARRANTIES AND REPRESENTATIONS

18.1 We make no representations or warranties, whether express or implied, or relating to or stemming from the Website and/or any products and/or services provided through the Website.

18.2 We assume no liability or responsibility for the proper performance of the Website and/or services provided through the Website and/or the accuracy of any information, content, images or audio provided through the Website.

18.3 Any warranty given by you under these Terms shall:

18.3.1 be 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 the Terms;

18.3.2 continue and remain in force irrespective of whether your account created via the Website is active, suspended or cancelled; and

18.3.3 be deemed to be material.

GOVERNING LAW

19.1 These Terms and any matter arising from these Terms including our relationship and/or any dispute arising from or in connection with these Terms, shall be governed by and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms.

19.2 For the purpose of all or any proceedings arising from your use of the Website, you consent to the non-exclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town) notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.

NOTICES

20.1 iamtrend hereby selects 39 Carl Conje Drive, Tyger Valley, Cape Town, South Africa, 7440 as its address for the service of all formal notices and legal processes in connection with these Terms (“legal address”). iamtrend may change this address from time to time by updating these Terms.

20.2 You hereby select the address upon your registration of a user profile as your legal address, but you may change it to any other physical address by giving iamtrend not less than 7 (seven) days’ notice in writing.

20.3 Notices must be sent by hand, or email and must be in English. All notices sent:

20.3.1 by hand will be deemed to have been received on the date of delivery;

20.3.2 by email will be deemed to have been on the date indicated in the “Read Receipt” notification. ALL EMAIL COMMUNICATIONS BETWEEN YOU AND US MUST MAKE USE OF THE “READ RECEIPT” FUNCTION to serve as proof that an email has been received.

COMPANY INFORMATION IN TERMS OF SECTION 43 OF THE ELECTRONIC COMMUNICATION AND TRANSACTIONS ACT NO. 25 OF 2002

21.1 Site owner: iamtrend Proprietary Limited;

21.2 Legal status: iamtrend is a private company, duly incorporated in terms of the applicable laws of the Republic of South Africa;

21.3 Registration No: 2015/122071/07

21.4 Director(s): Tamarin Aubrey;

21.5 Description of the main business of iamtrend: An online platform for the sale of eyewear;

21.6 E-mail address: shop@iamtrend.com;

21.7 Website addresses: www.iamtrend.com

21.8 Physical Address: Office 2A, Waterside Place 2, South Gate, Tyger Waterfront, Cape Town, South Africa, 7530;

21.9 Postal Address: Office 2A, Waterside Place 2, South Gate, Tyger Waterfront, Cape Town, South Africa, 7530; and

21.10 Registered Address: Office 2A, Waterside Place 2, South Gate, Tyger Waterfront, Cape Town, South Africa, 7530.

21.11 PAIA: The manual published in terms of section 51 of the Promotion of Access to Information Act 2000 may be downloaded from here.

GENERAL

22.1 iamtrend may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents.

22.2 You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms to any third party.

22.3 The Terms create a legally binding agreement between yourself and us only. Accordingly, unless expressly stated to be the case, the terms do not create rights in favour of any third party.

22.4 These Terms, together with our Privacy Policy, Terms and Conditions of Service Agreement, and any additional terms that we may include on the Website, constitute the whole agreement between yourself and us relating to your use of the Website.

22.5 Any provision of these Terms which is or may become illegal, invalid or unenforceable in any jurisdiction affected by these Terms will be ineffective to the extent of the prohibition or unenforceability in the jurisdiction and will be severed from the balance of these Terms, without invalidating the remaining provisions of these Terms or affecting the validity or enforceability of such provision in any other jurisdiction.

22.6 No variation, addition, deletion, or agreed cancellation of the Terms will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.

22.7 If we fail or neglect to enforce any of these Terms, it will not mean that we waive any of our rights and it will not affect the validity of the whole or any part of these terms or prejudice our rights to take subsequent action against you or otherwise.