1. Introduction

1.1. This website can be accessed at lsde.co.za and related mobi-sites (the “Website”) and is owned and operated by Lucky Star Limited (“Lucky Star”, “we”, “us” and “our”). 

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

1.3. These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”). By using the Website and/or by ordering Goods on the Website, you acknowledge that you have read and agree to be bound by these Terms and Conditions. You must not use this Website if you do not agree to the Terms and Conditions. 

1.4. The Website enables you to shop online for the items offered therein, including the following items; 1.4.1. Clothing 

1.4.2. Socks (not eligible for return) 

1.4.3. Accessories, such as hats, tote bags, laptop bags 

1.4.4. Jewellery, such as earrings (not eligible for return) 

1.4.5. Sneakers 

1.4.6. Homeware items, such as mugs, flasks, aprons, cushions (known as the “Goods”). 

2. Consumer Protection Notice 2.1. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”). 

2.2. These Terms and Conditions contain provisions that – 2.2.1. may limit the risk or liability of Lucky Star or a third party; and/or 

2.2.2. may create risk or liability for the user; and/or 

2.2.3. may compel the user to indemnify Lucky Star or a third party; and/or 

2.2.4. serves as an acknowledgement, by the user, of a fact. 

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

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

2.5. Nothing in these Terms and Conditions 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 Lucky Star in terms of the CPA. 

3. Use of the Website

3.1. When accessing and using the Website, the user is permitted to:

3.1.1. view, download, and/or print pages from our Website for personal and non-commercial use only; and 

3.1.2. use the Website services through a web browser for personal and non-commercial purposes related to buying of Goods, in accordance with these Terms & Conditions. 

3.2. When accessing and using the Website, the user must not:

3.2.1. edit or modify any material on our Website; 

3.2.2. republish, sell, or distribute material from our website, without permission; 

3.2.3. use our website in any unethical, unlawful, or harmful way; 

3.2.4. attempt to hack or tamper with our Website's security; or 

3.2.5. interfere with the normal use of our website in any way. 

3.3. 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. 

3.4. Lucky Star may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Lucky Star will not be liable to you in the event that it chooses to suspend, modify or terminate this Website. 

3.5. If you fail to comply with your obligations under these Terms and Conditions, 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. 

4. Availability of Goods & Ordering

4.1. Order Placement: You may place orders for any Goods through the Website. The acceptance or rejection of an order is dependent upon various factors, including but not limited to the availability of the Goods, accuracy of information pertaining to the Goods (including pricing), and receipt of payment or payment authorisation. 

4.2. Confirmation of Order: We will indicate the confirmation of an order by sending you an order confirmation email, at the email address provided by you during checkout. Only at this point does an agreement of sale between you and Lucky Star come into effect. 

4.3. Limited Stock: You acknowledge that the availability of Goods is limited, and pricing may change without prior notice. We undertake reasonable efforts to monitor stock levels and discontinue offers when Goods are no longer available. However, we cannot guarantee the availability of stock. 

4.4. Resale Restrictions: Goods may not be purchased for resale. We reserve the right to cancel orders suspected of being intended for resale. 

5. Payment Methods 5.1. Payment Methods: Payment for Goods may be made through various methods, including but not limited to:

5.1.1. YOCO; and 

5.1.2. Happy Pay By choosing to use YOCO or Happy Pay as your payment method, you agree to abide by their respective terms and conditions. Please review the terms and conditions of YOCO https://www.yoco.com/za/legal/ and Happy Pay https://happypay.co.za/terms-and-conditions for details regarding your rights and obligations. 

5.2. Payment Authorisation: For payments made by debit or credit card, additional information may be required for authorization and verification. Failure to provide such information may result in order cancellation. You warrant the validity of the payment method and availability of sufficient funds. 

5.3. Secure Payment: We are committed to providing secure online payment facilities, with all transactions encrypted using appropriate technology. 

6. Delivery of Goods

6.1. Delivery Method: Goods will be delivered via courier directly to the address provided by you during checkout. 

6.2. Delivery Charges: Our delivery charges are subject to change without prior notice. You can view the applicable delivery charges in the cart during checkout. 

6.3. Delivery Period: Deliveries shall occur within 10 working days from date of order. 

6.4. Delivery Responsibility: Our obligation to deliver Goods is fulfilled upon delivery to the address nominated by you. The risk associated with the Goods remains with us until you have accepted delivery of them. If the delivered Goods do not conform to the description on the Website, you may return or exchange those Goods in accordance with the Returns and Exchanges Policy. 

7. Returns & Exchanges Policy

7.1. Please refer to our Returns & Exchanges Policy for more information about returning products (and related refunds and exchanges). The Returns & Exchanges Policy is incorporated by reference (which means that it forms part of these Terms and Conditions). 

8. Ownership & Intellectual Property Rights

8.1. The content displayed and accessible on the Website, which includes but is not limited to various elements such as text, data, software, video clips, designs, images, trademarks (“Website Content”) is legally protected, including under copyright and trademark laws. The Website Content belongs to Lucky Star, its agents or representatives, or is licensed to Lucky Star.

8.2. You shall not gain any ownership rights or interests in the Website or Website Content. 

8.3. Where any of the Website Content has been licensed to Lucky Star or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you must agree to comply with such third party terms and conditions should you intend to use the Website Content otherwise than for purchasing of the Goods. The terms and conditions will be provided on request. 

9. Protection of Personal Information

9.1. Your privacy matters to us. We are committed to protecting your personal information in accordance with the Protection of Personal Information Act 4 of 2013 (“POPI”). 

9.2. Any personal information collected through the usage of the Website will be used solely for the purpose of processing your orders and providing you with a personalised shopping experience. 

9.3. We will not disclose and/or sell your personal information to any third parties, without your prior consent, except as required by law or for the purpose of fulfilling your orders. 

9.4. By using this Website, you consent to the collection and use of your personal information as outlined in this clause and the Privacy Policy. 

9.5. For more information on how we handle your personal information, please check out our Privacy Policy. The Privacy Policy is incorporated by reference (which means that it forms part of these Terms and Conditions). 

10. Third Party Websites

10.1. This Website may contain links to other third-party websites which Lucky Star does not have any control over ("Third-Party Websites"). 

10.2. These Terms and Conditions do not cover those Third-Party Websites, and Lucky Star will not be liable for how they work or their privacy policies, including any "cookies" they might use. Even though this Website might mention or link to Third-Party Websites, using them is up to you, and Lucky Star will not be liable for any damages or losses arising from your use of such Third-Party Websites or your reliance on any information contained thereon. 

11. Disclaimers

11.1. The use of the Website is at your own risk. You are responsible for any loss or risk resulting from your use or reliance on the Website. 

11.2. Whilst Lucky Star takes reasonable measures to ensure that the content of the Website is accurate and complete, Lucky Star makes no representations or warranties 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.

11.3. The Website and its information are provided "as is", without any warranty, express or implied, including but not limited to merchantability or fitness for a particular purpose. 

11.4. Lucky Star does not warrant that the Website is free from harmful elements. You assume all risks associated with any viruses or destructive materials which may corrupt your computer system, unless caused by the gross negligence or wilful misconduct of Lucky Star or its representatives. 

11.5. Views expressed on the Website do not necessarily reflect those of Lucky Star, its directors, employees, representatives or agents. 

11.6. Lucky Star disclaims liability for any and all direct, indirect, or consequential damage or loss arising from your use of the Website, unless mandated by law.

12. Limitation of Liability

12.1. Lucky Star 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 wilful misconduct of Lucky Star, its employees, agents or authorised representatives. 

12.2. LUCKY STAR 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 AND/OR ANY LINKED THIRD-PARTY WEBSITE. 

12.3. YOU HEREBY INDEMNIFY LUCKY STAR AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE AND/OR ANY LINKED THIRD-PARTY WEBSITE. 

13. Governing Law and Jurisdiction

13.1. These Terms and Conditions are governed by South African law, and by using the Website, you agree to be bound by the jurisdiction of the South African courts for any disputes. 

13.2. In the event of any dispute arising between you and Lucky Star, you hereby 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. 

13.3. Nothing in this clause 13 or the Terms and Conditions limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA. 

14. Dispute Resolution 

14.1. For any complaints or inquiries, we have established dedicated email addresses:

• info@lsde.co.za - for general inquiries and website-related issues. 

• orders@lsde.co.za - for order-related complaints and inquiries. 

14.2. Our commitment to resolving your concerns:

• Complaints will be acknowledged within 24 hours of receipt with an automated response confirming receipt. 

• Initial assessment of the complaint will be conducted within 48 hours to determine its nature and severity. 

• Resolution efforts will be initiated immediately, with regular updates provided every 2-3 business days. 

• Simple issues should ideally be resolved within 3-5 business days, while more complex issues may require up to 14 business days for resolution. 

14.3. Customer information related to complaints will be securely stored and used solely for the purpose of resolving the complaint efficiently, in accordance with our Privacy Policy. 

14.4. If we are unable to resolve your complaint to your satisfaction or we cannot resolve your complaint within 15 (fifteen) business days of you having notified us of it, you can approach the Consumer Goods and Services Ombud (“CGSO”) to assist in resolving the complaint. The CGSO’s contact details are: 

Website: http://www.cgso.org.za 

Sharecall: 0860 000 272 

Email: complaints@cgso.org.za 

15. Notices

15.1. Lucky Star chooses the following address, 7th Floor, Oceana House, 25 Jan Smuts Street, Cape Town, 8001 as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions. Lucky Star may change this address from time to time by updating these Terms and Conditions. 

16. Changes to the Terms and Conditions

16.1. Lucky Star reserves its right to change these Terms and Conditions at any time. It's your responsibility to check them regularly and agree to any changes. If you don't agree, you shouldn't use the website or place further orders. 

16.2. Any changes to these Terms and Conditions will apply to your use of the Website after the changes have been posted. If you continue to use the Website after changes are posted, you are considered to have accepted them. 

17. General 

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

17.2. Any failure on the part of you or Lucky Star to enforce any right in terms hereof shall not constitute a waiver of that right. 

17.3. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect. 

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

17.5. No leniency or extension granted by one party to the other shall be considered a waiver of the granting party's rights. The granting party retains the right to enforce its rights against the other party, past or future, despite any leniency shown. 

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