Legal notice

LEGAL NOTICE & STATUTORY DISCLOSURES

This online store is owned and operated by 360 Ngwenya (Pty) Ltd (hereinafter referred to as "the Company"), a private company registered in the Republic of South Africa, trading online as ExGirlfriends (hereinafter referred to as "the Store" or "we").
1. Statutory Disclosures (Section 43 of ECTA)
  • Full Company Name: 360 Ngwenya (Pty) Ltd
  • Registration Number: 2019 / 276095 / 07
  • Place of Registration: Republic of South Africa
  • Main Business: Retail and e-commerce
  • Official Website: www.exgfriends.co.za
  • Official Contact Email: info@exgfriends.co.za
  • Directorate & Office Bearers: The Company is represented by its registered sole director. Full director identity details and official statutory corporate records are maintained in our PAIA Manual, which can be requested formally via our official contact email.
  • Registered Address: 350 Leyds Street, Arcadia, Pretoria
  • Customer Returns Address: To protect physical security and logistical flow, no walk-ins or unscheduled hand deliveries are accepted at our registered address. All customer returns and product collections must be coordinated through our customer support email to arrange our authorised courier service.
2. Secure Pricing and Ozow Payments
All prices displayed on the Store are quoted in South African Rand (ZAR) and include Value Added Tax (VAT) at the statutory rate, unless explicitly stated otherwise. Shipping and delivery fees are calculated at checkout and are shown clearly before you finalize your transaction.
Payments are securely processed via Ozow. By choosing Ozow at checkout, you will be redirected to complete a secure, automated bank-to-bank transfer via your internet banking app. The Store does not access, collect, or store your internet banking credentials or passwords. All transactions are fully encrypted and strictly adhere to PCI-DSS Level 1 security standards.

3. ECTA Cooling-Off Period (7-Day Return Right)
In terms of Section 44 of the Electronic Communications and Transactions Act (ECTA), you are entitled to cancel any purchase made on the Store within 7 days after the date you receive the goods.
  • Condition: The goods must be returned completely unused, undamaged, and in their original, sealed packaging.
  • Cost: You will be liable for the direct cost of shipping and returning the goods back to us.
  • Exceptions: This 7-day cooling-off period does not apply to personalised or custom-made goods, unsealed audio/video recordings, unsealed software, or items that deteriorate rapidly.
4. Condition of Pre-Loved Goods & CPA Limited Warranty
  • Pre-Loved Nature of Goods: All items sold by us are curated, second-hand (pre-loved) garments. By purchasing, you acknowledge that these items are not in brand-new condition and will naturally show minor signs of vintage character, washing wear, or fading. These expected characteristics do not constitute material defects under Section 55 of the Consumer Protection Act (CPA).
  • Defect Disclosure: We inspect every garment and clearly list any known specific flaws (such as missing buttons, minor stains, or minor tearing) directly inside the product description. In terms of Section 55(6) of the CPA, by completing your purchase, you expressly agree to accept the garment in that specific condition and forfeit the right to a return or refund based on those disclosed flaws.
  • 6-Month Statutory Warranty: If an item suffers a major, undisclosed structural failure within 6 months of delivery (e.g., an undisclosed broken zipper or completely unravelling seams that render the garment unwearable), you have the right to return it for a refund.
  • Warranty Exclusions: This warranty strictly excludes items damaged by customer misuse, improper laundering (e.g., shrinking or colour bleeding), or ordinary wear-and-tear accumulated after purchase.
5. Privacy and POPI Act Compliance
ExGirlfriends is the responsible party for processing your personal data through Shopify under the Protection of Personal Information Act (POPIA). We only collect and process personal data (such as your name, contact details, and shipping address) strictly required to fulfil your order and handle customer service. Your data is kept secure and will never be shared or sold. For details on your data access rights, please contact our Information Officer via our official email.

6. Governing Law & Domicilium
This website, its legal notices, and all transactions concluded on the Store are governed by the laws of the Republic of South Africa. The Company chooses its registered physical address (stated in Section 1 above) as its domicilium citandi et executandi for all legal purposes, notices, or formal court processes.