Terms & Conditions

Store Terms and Conditions

These Terms and Conditions govern your use of the Instinct South Africa website and the purchase of products through our online store. By accessing our website or placing an order, you agree to be bound by these terms. Please read them carefully before proceeding.

1. General

1.1 The Instinct South Africa online store is operated by Instinct. By using this website, you confirm that you are at least 18 years of age, or that you have the consent of a parent or guardian.

1.2 We reserve the right to update or amend these Terms and Conditions at any time without prior notice. Any changes will take effect immediately upon being posted to the website. It is your responsibility to check these terms periodically.

1.3 Your continued use of the website following any changes constitutes your acceptance of the updated terms.

1.4 If you do not agree with any part of these Terms and Conditions, please do not use our website or place an order.

2. Products

2.1 We have made every effort to display the colours and images of our products as accurately as possible. However, we cannot guarantee that your device’s display of any colour will be completely accurate.

2.2 We reserve the right to limit the quantities of any product we sell, and to discontinue any product at any time.

2.3 All product descriptions, pricing, and availability are subject to change without notice.

2.4 We reserve the right to refuse any order placed with us at our discretion.

3. Pricing

3.1 All prices are listed in South African Rand (ZAR) and are inclusive of VAT unless otherwise stated.

3.2 Prices are subject to change without notice. The price applicable to your order will be the price displayed at the time you complete your purchase.

3.3 In the event of a pricing error on our website, we reserve the right to cancel or refuse any orders placed at the incorrect price, even if the order has been confirmed. We will notify you promptly and issue a full refund if payment has already been made.

3.4 Promotional pricing and discount codes are subject to their own terms and conditions, are valid for a limited time only, and cannot be applied retrospectively.

4. Orders & Payment

4.1 Placing an order on our website constitutes an offer to purchase. Your order is only confirmed once you receive an order confirmation email from us.

4.2 We reserve the right to cancel or refuse any order at any time, including after confirmation, for reasons including but not limited to product unavailability, payment failure, suspected fraud, or errors in pricing or product information. In such cases, a full refund will be issued.

4.3 We accept payment via the methods listed at checkout. All transactions are processed securely. We do not store your full payment details.

4.4 Payment must be received in full before your order is dispatched.

4.5 If your payment is declined or fails for any reason, your order will not be processed. Please contact your bank or payment provider if you experience any issues.

5. Delivery

5.1 We deliver to addresses within South Africa only. We do not currently offer international shipping.

5.2 Delivery timeframes are estimates only and are not guaranteed. Instinct will not be held liable for delays caused by third-party courier services, adverse weather, public holidays, or other circumstances beyond our control.

5.3 It is your responsibility to provide a complete and accurate delivery address. Instinct cannot be held responsible for orders that are delayed, lost, or undeliverable due to an incorrect address being provided.

5.4 Once your order has been dispatched, you will receive a shipping confirmation email with tracking information where available.

5.5 Risk of loss or damage to products passes to you upon delivery. If your order arrives damaged, please contact us within 48 hours of receipt.

5.6 Delivery fees are calculated at checkout and are non-refundable, except in cases where the return is the result of a fault or error on our part.

6. Returns

6.1 We want you to be completely satisfied with your purchase. If you are not, you may return eligible items within 7 days of receiving your order, subject to the conditions below.

6.2 To be eligible for a return, items must be unworn, unwashed, and returned with all original swing tags attached.

6.3 We do not accept returns for certain sale items (where specified), gift cards, or books.

6.4 Returns are only accepted for orders placed within South Africa through the Instinct South Africa online store.

6.5 If your return is due to a defective, damaged, or incorrectly dispatched item, Instinct will cover the cost of return shipping. Defects or damage must be reported within 48 hours of receiving your order, accompanied by photographic evidence.

6.6 If your return is due to a change of mind, incorrect size, colour, or style selected, or any other reason not resulting from an error on our part, the full cost of return shipping is the customer’s responsibility. Original delivery fees are non-refundable in these cases.

6.7 Refunds are processed within 1-2 working days of receiving and inspecting the returned item. Approved refunds are made to the original payment method or by EFT and may take 1-5 working days to process, with a further 2-3 working days to reflect in your account depending on your bank.

6.8 Partial refunds may be issued where items are not returned in a fully acceptable condition.

6.9 Please refer to our full Returns Policy on the website for the step-by-step returns process.

7. Exchanges

7.1 We are happy to exchange eligible items within 7 days of you receiving your order, subject to the conditions below.

7.2 Items must be unworn, unwashed, and returned with all original swing tags attached to be eligible for an exchange.

7.3 We do not accept exchanges for certain sale items (where specified), gift cards, or books.

7.4 Exchanges are only accepted for orders placed within South Africa through the Instinct South Africa online store.

7.5 The customer is responsible for the cost of shipping the original item back to us. Instinct will cover the cost of shipping the replacement item back to you.

7.6 If we are unable to fulfil your requested exchange due to stock availability or any other reason, we will issue a full refund and notify you promptly.

7.7 We reserve the right to reject any exchange request where items do not meet the eligibility requirements. In such cases, we will notify you and arrange to return the product/s to you.

7.8 Please refer to our full Exchanges Policy on the website for the step-by-step exchanges process.

8. Intellectual Property

8.1 All content on this website, including but not limited to text, images, graphics, logos, product photographs, and design, is the property of Instinct and is protected by applicable copyright and intellectual property laws.

8.2 You may not reproduce, distribute, modify, or use any content from this website for commercial purposes without our express written permission.

8.3 Any unauthorised use of our content may result in legal action.

9. Privacy & Data

9.1 We are committed to protecting your personal information. By using our website and placing an order, you consent to the collection and use of your information in accordance with our Privacy Policy.

9.2 We collect personal information such as your name, contact details, and payment information solely for the purpose of processing your order, communicating with you, and improving our service.

9.3 We do not sell or share your personal information with third parties, except where required to fulfil your order (e.g. courier services) or where required by law.

9.4 You have the right to request access to, correction of, or deletion of your personal information held by us. Please contact us via the Contact page on our website to make such a request.

9.5 Our website may use cookies to improve your browsing experience. By continuing to use the website, you consent to our use of cookies in accordance with our Cookie Policy.

10. Website Use

10.1 You agree to use this website only for lawful purposes and in a manner that does not infringe the rights of others or restrict their use of the website.

10.2 You must not attempt to gain unauthorised access to any part of the website, its servers, or any connected systems.

10.3 We reserve the right to suspend or terminate access to the website for any user who breaches these terms or engages in any conduct we deem harmful, fraudulent, or unlawful.

10.4 While we make every effort to ensure the website is available at all times, we do not guarantee uninterrupted access and accept no liability for any downtime or technical issues.

10.5 Links to third-party websites may appear on our site. We are not responsible for the content, privacy practices, or availability of any third-party websites.

11. Limitation of Liability

11.1 To the fullest extent permitted by law, Instinct shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of our website or products, including but not limited to loss of data, loss of revenue, or loss of profit.

11.2 Our total liability to you in connection with any order shall not exceed the total value of that order.

11.3 Nothing in these Terms and Conditions excludes or limits our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.

12. Governing Law

12.1 These Terms and Conditions are governed by and construed in accordance with the laws of the Republic of South Africa.

12.2 Any disputes arising from these terms or your use of the website shall be subject to the exclusive jurisdiction of the South African courts.

12.3 If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall continue to apply in full.

13. Contact Us

If you have any questions about these Terms and Conditions, please get in touch with our team via the Contact page on our website. We are happy to help.