Terms and Conditions

These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Goods, and the use of the Website.

Introduction

This website can be accessed at lincolncollective.com or international.lincolncollective.com, related mobile-sites and software applications (the “Website”) and is owned and operated by Mario Nobrega (“Lincoln Collective”, “we”, “us” and “our”).

These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale, and delivery of Goods, and the use of the Website.

These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”).

By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.

The Website enables you to shop online for an extensive range of goods including sport, home and kitchenware, baby and toddler products, electronics, health and beauty products, movies and TV, gaming, books, eBooks, music, toys, pet supplies, and more (“Goods”).
Lincoln Collective allows third-party sellers to list and sell their Goods on the Website (each a “Third Party Seller”). Lincoln Collective will indicate on relevant product pages and checkout pages when Goods are for sale by a Third Party Seller. Certain terms in these Terms and Conditions only apply to purchases from Third Party Sellers, and others only apply to purchases from Lincoln Collective. This will be made clear in the relevant clause.

Important Notice

These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
These Terms and Conditions contain provisions that appear in similar text and style to this clause and which:

  1. may limit the risk or liability of Lincoln Collective or a third party; and/or
  2. may create risk or liability for the user; and/or
  3. may compel the user to indemnify Lincoln Collective or a third party; and/or
  4. serves as an acknowledgment, by the user, of a fact.

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

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

Registration and use of the website

Only registered users may order Goods on the Website.
To register as a user, you must provide a unique username and password and provide certain information and personal details to Lincoln Collective. You will need to use your unique username and password to access the Website in order to purchase Goods.

You agree and warrant that your username and password shall:

  1. be used for personal use only; and
  2. not be disclosed by you to any third party.

By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. 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 to these Terms and Conditions and to be liable and responsible for you and all your obligations under these Terms and Conditions.

You agree that you will not in any way use any device, software or other instruments to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic devices, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Lincoln Collective representative.

Conclusion of sales and availability of stock

Registered users may place orders for Goods, which Lincoln Collective may accept or reject. Whether or not Lincoln Collective accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by Lincoln Collective for the Goods.

Prior to delivery or your collection of the Goods, you may cancel an order at any time provided you do so before receiving a dispatch or delivery notice. After delivery or your collection of the Goods, you may return the Goods only in accordance with the Returns Policy.

You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. In the case of Goods for sale by Lincoln Collective, Lincoln Collective will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, Lincoln Collective will notify you and you will be entitled to a refund of any amount already paid by you for such Goods.

Payment

We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
Goods are for sale by Lincoln Collective, payment can be made for Goods via –
debit card; credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment.

In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Goods will be canceled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the Goods.

You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website; direct bank deposit or electronic funds transfer: if you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. Lincoln Collective will not accept your order if payment has not been received;
Instant EFT;

Once you have selected your payment method (save for cash on delivery or direct bank deposit), you will be directed to a link to a secure site for payment of the applicable purchase price for the Goods.

Delivery of goods

Lincoln Collective offers 2 (two) methods of delivery of Goods to you. You may elect delivery via:
courier; or self-collection.

For more information about delivery, please see our FAQs: Shipping and Delivery, which are incorporated into these Terms by reference. Our delivery charges are subject to change at any time and without prior notice to you.You will see the applicable delivery charges in your cart when you check out. Where it accepts your order, Lincoln Collective will deliver the Goods to you as soon as reasonably possible, but no later than 30 (thirty) days of receipt of your payment (“Delivery Period”).

We will notify you if we are unable to deliver the Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the Goods. If you elect to cancel your order, we will reimburse you for the purchase price.

Lincoln Collective’s obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. Lincoln Collective is not responsible for any loss or unauthorised use of a product after it has delivered the product to the physical address nominated by you.

Errors

We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.

Lincoln Collective shall not be bound by any incorrect information regarding our Goods displayed on any third party websites.

Changes to these Terms and Conditions

Lincoln Collective may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.

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

Ownership and copyright

The contents of the Website, including any material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, video clips, trade names, logos, trademarks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law.

The Website Content is the property of Lincoln Collective, its advertisers and/or sponsors and/or is licensed to Lincoln Collective.

You will not acquire any right, title or interest in or to the Website or the Website Content.
Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law.

Disclaimer

The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
Whilst Lincoln Collective takes reasonable measures to ensure that the content of the Website is accurate and complete, Lincoln Collective makes no representations or 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.

Lincoln Collective 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.

You accept all risk 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 willful misconduct of Lincoln Collective, its employees, agents or authorised representatives. Lincoln Collective 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.

Limitation of liability

Lincoln Collective cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or willful misconduct of Lincoln Collective, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of email.

Complaints

We are a participant under the Consumer Goods and Services Industry Code and are bound by it. An electronic copy of this Code is available at http://www.cgso.org.za/downloads/. If you have a complaint about the goods or services provided by us or require information regarding our internal complaints-handling process, please get in touch with us via email.

General

Lincoln Collective 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 subject to us processing any orders then already made by you.

These Terms and Conditions contain the whole agreement between you and Lincoln Collective and no other warranty or undertaking is valid, unless contained in this document between the parties.

Information

Business Address:

St. James St, Vredehoek, Cape Town, RSA

Email:

info@lincolncollective.com

Cell:

072 805 1271

Return Policy

We want you to be happy with your purchase. If you are not completely satisfied, you can return the product to us and we will either repair/replace it or credit your account, subject to the below terms. (This does not apply to Digital Downloads)

Preparing your products for a return

To ensure your request is processed as quickly as possible you are responsible for the following when returning your products;

  1. package your products safely and securely for protection during transit;
  2. clearly mark your return reference number on the outside of the parcel; and
  3. include all accessories and parts that were sold with the product.
  4. Failure to adhere to any of these requirements could delay the processing of your request or result in its decline altogether.

Want to exchange?

Clothing products can be exchanged for a different size or colour variation, provided that such variation is available. In such a case, we will collect the product from you and deliver the requested product to you at our expense. If such variation is not available, we will credit your account with the purchase price of the product within 10 days of the return (or refund you if that is your preference).

Not what you ordered?

If we accidentally deliver the wrong product to you, or if the product is not as described on the Website, please notify us and we will collect the product from you at no charge. Once we have inspected the product and validated your return, we will at your choice deliver the correct product to you as soon as possible (if the correct product is available); or credit your account with the purchase price of the product within 10 days of the return (or refund you if that is your preference).

Want to exchange?

Clothing products can be exchanged for a different size or colour variation, provided that such variation is available. In such a case, we will collect the product from you and deliver the requested product to you at our expense. If such variation is not available, we will credit your account with the purchase price of the product within 10 days of the return (or refund you if that is your preference).

Products damaged on delivery

Should a product be damaged or missing any parts or accessories at the time of delivery/collection, please notify us within 7 days of such delivery/collection by logging a return on the Website.

We will arrange to collect the product from you at no charge. Once we have inspected the product and validated your return, we will at your choice repair / replace the product as soon as possible (if such repair is possible/ we have the same product in stock to use as a replacement) or credit your account with the purchase price of the product (or refund you if that is your preference).

Want to exchange?

Clothing products can be exchanged for a different size or colour variation, provided that such variation is available. In such a case, we will collect the product from you and deliver the requested product to you at our expense. If such variation is not available, we will credit your account with the purchase price of the product within 10 days of the return (or refund you if that is your preference).

Products damaged on delivery

Should a product be damaged or missing any parts or accessories at the time of delivery/collection, please notify us within 7 days of such delivery/collection by logging a return on the Website.

We will arrange to collect the product from you at no charge. Once we have inspected the product and validated your return, we will at your choice repair / replace the product as soon as possible (if such repair is possible/ we have the same product in stock to use as a replacement) or credit your account with the purchase price of the product (or refund you if that is your preference).

Defective products

We do our best to ensure that the products we deliver to you are of a high quality, and in good working order and without defects.

What is a defect? A defect is a material imperfection in the manufacture of a product or any characteristic of a product, which makes the product less acceptable than one would reasonably be entitled to expect in the circumstances.

The following will NOT be regarded as defects and will not entitle you to a return under this:

  1. faults resulting from normal wear and tear;
  2. damage arising from negligence, user abuse or incorrect usage of the product;
  3. damage arising from a failure to adequately care for the product;
  4. damage arising from unauthorized alterations to the product;
  5. where the specifications of a product, although accurately described on the Website.

Please note that we only refund to the payment method that you originally used – i.e. payment by credit card will be refunded to the same credit card, payment by EFT or COD (cash on delivery) will be refunded to your nominated bank account.

Confused or want to clarify something, feel free to contact us.