Terms & Conditions

Conditions of Use

WE SHIP THROUGHOUT SOUTH AFRICA ONLY

Welcome to byCARA. byCARA and its affiliates provide their services to you subject to the following conditions. If you visit or shop at byCARA, you accept these conditions. Please read them carefully. In addition, when you use any current or future byCARA service or visit or purchase from any business affiliated with byCARA, whether or not included in the byCARA wesite, you also will be subject to the guidelines and conditions applicable to such service or business. If these conditions are inconsistent with such guidelines and conditions, such guidelines and conditions will control.

Pricing

Except where noted otherwise, the list price displayed for products on our website represents the full retail price listed on the product itself, either including or excluding Value Added Taxation as indicated. With respect to items sold by byCARA, we cannot confirm the price of an item until you order.

Electronic Communications

When you visit byCARA or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of byCARA or its content suppliers and protected by South African and international copyright laws. The compilation of all content on this site is the exclusive property of byCARA and protected by South African and international copyright laws. All software used on this site is the property of byCARA or its software suppliers and protected by South African and international copyright laws.

Trademarks

byCARA, and other byCARA graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of byCARA or its affiliates in South Africa and/or other countries. byCARA trademarks and trade dress may not be used in connection with any product or service that is not byCARA, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits byCARA. All other trademarks not owned by byCARA or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Undeez or its byCARA.

License and Site Access

byCARA grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of byCARA. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of byCARA. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of byCARA and our affiliates without express written consent. You may not use any meta byCARA name or trademarks without the express written consent of byCARA Online. Any unauthorized use terminates the permission or license granted by byCARA. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of byCARA so long as the link does not portray byCARA, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any byCARA logo or other proprietary graphic or trademark as part of the link without express written permission.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. byCARA does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use byCARA only with involvement of a parent or guardian. byCARA and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Reviews, Comments, Communications, and other content

Visitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. byCARA reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant byCARA and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant byCARA and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify byCARA or its affiliates for all claims resulting from content you supply. byCARA has the right but not the obligation to monitor and edit or remove any activity or content. byCARA takes no responsibility and assumes no liability for any content posted by you or any third party.

Risk of Loss

All items purchased from byCARA are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

Product Descriptions

byCARA and its affiliates attempt to be as accurate as possible. However, byCARA does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by byCARA itself is not as described, your sole remedy is to return it in unused condition.

Product Manufacturing

All products are manufactured and might not look identical to the product images. byCARA will inspect each product before it is sent out to our customers insuring that any manufacturing defect is picked up and replaced with another item.

Discolouration, wear and tear of our products does occur. Wear and tear is damage that naturally and inevitably occurs as a result of normal wear or aging. 

Return Policy

 We aim to bring you the best quality fashion jewellery and take pride in the quality of our products and excellent value. For hygiene reasons earrings may not be returned or exchanged. We do not offer a refund. No returns on sunglasses. If you are unhappy with your purchase, we will gladly arrange collection via courier and send you a store voucher or exchange the item to the same value. Returns must be logged within 7 days of your order being delivered. The item(s) must be in a re-sellable condition and its original packaging, with labels attached. All items are individually checked before shipment to ensure there are no manufacturing defects. However, sometimes we may miss something. If your item(s) are defective they may be returned within 7 days of your order being delivered. A “Defective Product” is one which contains a material imperfection in the manufacture or design that renders the product less acceptable, useful or safe than reasonably expected, under the circumstances. A product is in a defective condition if it is dangerous to the user or to consumer, when used in the prescribed way and/or for the purpose for which it was manufactured or designed. If this is the case, we will gladly arrange collection via courier and send you a replacement. Wear and tear and discolouration of our products does occur. Wear and tear is damage that naturally and inevitably occurs as a result of normal wear or aging. To arrange an exchange or return please email cara@bycara.co.za.

Note: If you select to pay via EFT and your EFT is not made within 48hrs of your order, the order will be cancelled and stock released.

 

Delivery Policy

byCARA understands that you want your goods delivered to you as soon as possible and we will try our best to achieve this, however delivery time may be dependent on your order and your delivery address. We will do our best to get your goods to you as soon as possible, however if we are waiting for backorders this may delay the process.

We do not ship to PO Box addresses.

Delivery is a set R30 for orders R150 or less.

Delivery is free for orders R150 or more. 

We use a door to door delivery and can take up to 1 to 3 days from order. Please note this service only works on work days. If the order is made on the weekend or a public holiday, the order will be sent out on the next working day.  If an item is out of stock at the time of order we will notify you about the back order and delivery it once that item is in stock.

Door to door delivery service is only in main city centers, any other address outside main city centers orders could take up to 7 working days. We use a Post Office counter to counter service for any address outside main city centers, the same courier rates apply.

We aim for all orders made before 13h00 to have next day delivery, but cannot guarantee this. Main city center only and subject to availability of stock.

Please note that any order made after 3pm will only be shipped the following day and orders placed on a Friday After 12pm will be dispatched the following Monday.

EFT / bank deposit orders will only be shipped out once your payment reflects in our account. Note: if your EFT is not made within 48hrs of your order, the order will be cancelled and stock released.

For international orders please contact us directly.

 

Other Businesses

Parties other than byCARA and its subsidiaries operate stores, provide services, or sell product lines on this site. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. byCARA does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY byCARA ON AN “AS IS” AND “AS AVAILABLE” BASIS. byCARA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, byCARA  DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. byCARA DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM byCARA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. byCARA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

Applicable Law

By visiting byCARA, you agree that the South African law, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and byCARA or its affiliates.

Disputes

Any dispute relating in any way to your visit to byCARA or to products you purchase through byCARA shall be submitted to confidential arbitration by law, , except that, to the extent you have in any manner violated or threatened to violate Undeez intellectual property rights, Undeez may seek injunctive or other appropriate relief in any court within South Africa, and you consent to exclusive jurisdiction and venue in such courts. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement.

Site Policies, Modification, and Severability

Please review any other policies posted on this site. These policies also govern your visit to byCARA. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.