Terms of service

Terms of Service

Overview

Welcome to Hug My Body.

The terms “we”, “us” and “our” refer to Hug My Body. We operate this website and online store and provide the information, products, features and services available through it.

Our online store is powered by Shopify, which provides the e-commerce platform that allows us to sell our products to you.

By accessing our website, browsing our store or purchasing from us, you agree to these Terms of Service together with our Privacy Policy, Returns & Refunds Policy, Shipping Policy and any other policies displayed on our website.

These Terms do not exclude, restrict or limit any rights you may have under the Consumer Protection Act 68 of 2008, Electronic Communications and Transactions Act 25 of 2002 (ECTA), Protection of Personal Information Act 4 of 2013 (POPIA) or any other applicable South African law.

If any provision of these Terms conflicts with a right that cannot legally be excluded or limited, the applicable law will take precedence.

1. About Hug My Body

This website is operated by:

Hug My Body
Legal business name: Aitkenheads Africa (Pty) Ltd T/A Hug My Body

Business/Company Registration Number: 2023 / 533529 / 07
Physical business address: 49 Flemming Avenue, Krugersdorp
Email: orders@hugmybody.com
Telephone/WhatsApp: +27719972621

Hug My Body operates from South Africa and these Terms are governed by the laws of the Republic of South Africa.

2. Using Our Website

By using our website or purchasing from us, you confirm that you have the legal capacity to enter into the transaction or that you are using the website with the appropriate consent or assistance of a parent or legal guardian where required.

You agree that the information you provide when placing an order is accurate, current and complete.

You are responsible for ensuring that your contact, delivery and payment information is correct.

You may not use our website or products for any unlawful purpose or use the website in a way that could damage, disable or interfere with its operation or the rights of another person.

3. Our Products

We make every reasonable effort to describe and display our products accurately.

However, colours may appear slightly different depending on your screen, device settings, lighting and photography.

Because our products include soft, flexible and stretch fabrics, minor variations in appearance, positioning and fit may also occur.

Product sizing information and measurements are provided to help you choose the most appropriate size. Individual body shape, proportions and personal fit preferences may affect how a product fits.

Nothing in this section limits your rights relating to defective, damaged or incorrectly supplied products under applicable South African consumer law.

We may change or discontinue products, colours, sizes or product variations from time to time.

All products are subject to availability.

4. Orders

When you place an order through our website, you are making an offer to purchase the selected products.

Your order is subject to acceptance and product availability.

After placing your order, you will receive an electronic confirmation containing details of your order.

We reserve the right to decline or cancel an order where reasonably necessary, including where:

A product is unavailable
There is an obvious pricing or product information error
Payment cannot be successfully processed or verified
We reasonably suspect fraudulent or unauthorised activity
We are unable to fulfil the order

If we cancel an order after receiving payment, we will refund the applicable amount using the original payment method, subject to applicable law.

Please check your order details carefully before completing your purchase.

If you notice an error after placing your order, contact us as soon as possible at orders@hugmybody.com. We will try to assist where possible, but we cannot guarantee that an order can be changed once processing has begun.

5. Pricing and Payment

All prices displayed on our website are shown in South African Rand (ZAR) unless otherwise stated.

The price charged will be the price displayed at checkout when your order is placed, subject to the correction of obvious errors where permitted by law.

Any applicable delivery charges will be clearly displayed before you complete your purchase.

Promotional offers, discount codes and special prices may be subject to additional terms and conditions.

Promotions may have specified start and end dates and cannot necessarily be combined with other offers unless expressly stated.

Payment must be successfully completed using one of the payment methods offered at checkout before your order can be processed.

6. Shipping and Delivery

Hug My Body currently delivers throughout South Africa.

Our standard estimated delivery time is 5–12 days, unless otherwise stated on the website or communicated to you.

Delivery times are estimates and may occasionally be affected by circumstances outside our reasonable control.

You will receive tracking information using the contact details supplied with your order once tracking becomes available.

Customers are responsible for providing a complete and accurate delivery address and contact information.

If an order cannot be delivered because incorrect or incomplete delivery information was provided, additional delivery charges may apply where permitted by law.

Our full delivery terms, including applicable delivery charges and free-shipping thresholds, are available in our Shipping Policy.

Nothing in these Terms transfers responsibility for goods to you before delivery where doing so would be inconsistent with applicable South African consumer law.

7. Returns, Refunds and Exchanges

Returns and refunds are handled according to our Returns & Refunds Policy and applicable South African consumer law.

For eligible online purchases, customers may have statutory cooling-off rights under ECTA.

Our voluntary returns process does not replace or limit any statutory rights you may have regarding defective, damaged, unsafe or incorrectly supplied goods.

Please read our Returns & Refunds Policy before purchasing for full information regarding returns, hygiene products, refunds and defective products.

8. Product Availability

Products, sizes and colours displayed on our website are subject to availability.

We do our best to keep stock information accurate, but occasionally an item may become unavailable after an order has been placed.

If we are unable to supply an item you have ordered, we will contact you and offer an appropriate solution, which may include a refund where applicable.

9. Errors and Incorrect Information

Occasionally our website may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, availability, shipping charges or other information.

We reserve the right to correct genuine errors or update inaccurate information.

Where an error affects an order you have already placed, we will deal with the matter reasonably and in accordance with applicable South African consumer law.

Nothing in this section allows us to avoid an obligation that we are legally required to honour.

10. Intellectual Property

Unless otherwise stated, the content of the Hug My Body website, including our brand name, logo, graphics, photographs, product images, videos, written content, designs and other original materials, belongs to Hug My Body or is used by us with permission.

You may use our website for your personal, non-commercial shopping purposes.

You may not copy, reproduce, distribute, sell, commercially exploit or use our original content, branding or intellectual property without our prior written permission, except where permitted by law.

Third-party names, trademarks and content remain the property of their respective owners.

11. Reviews, Photos and Other Customer Content

If you voluntarily submit a product review, testimonial, photograph, video or other content to Hug My Body for publication or promotional use, you confirm that you have the necessary rights to provide that content.

Where you have agreed to us using that content, you grant Hug My Body permission to use, reproduce and display it for reasonable business and marketing purposes, including on our website, social media, advertising and other promotional materials.

You may not submit content that is unlawful, defamatory, misleading, abusive or infringes another person's intellectual property, privacy or other legal rights.

We reserve the right to moderate or remove customer-submitted content where reasonably necessary.

Nothing in this section prevents you from providing an honest review or exercising any consumer right.

12. Third-Party Services and Links

Our website may use or link to third-party services, including payment providers, delivery providers, review platforms, social media platforms and other technology providers.

These third parties may have their own terms and privacy policies.

Where you choose to interact directly with a third-party website or service, your use of that service may be governed by the third party's applicable terms.

We are not responsible for independent third-party websites that we do not own or control, except to the extent that applicable law provides otherwise.

13. Shopify

Our online store is hosted and powered by Shopify.

Shopify provides the e-commerce technology that enables us to operate our online store. However, when you purchase a Hug My Body product, your transaction is with Hug My Body, not Shopify.

Shopify and other service providers may process certain information as necessary to provide their services. Please see our Privacy Policy for more information.

14. Privacy and Personal Information

We take the protection of your personal information seriously.

Personal information collected through our website is handled in accordance with our Privacy Policy, POPIA and other applicable law.

We may need to share certain information with service providers such as Shopify, payment processors and courier companies where necessary to process your order, deliver your products, operate our website or provide customer service.

Please read our Privacy Policy for more information about how we collect, use, store and protect personal information.

15. Prohibited Uses

You may not use our website:

For unlawful or fraudulent purposes
To infringe our rights or the rights of another person
To transmit malicious software or harmful code
To attempt to gain unauthorised access to our website or systems
To collect another person's personal information unlawfully
To interfere with the security or normal operation of the website
To impersonate another person or provide deliberately false information
To reproduce or commercially exploit our website or content without permission

We may restrict access to our website where we reasonably believe it is being used unlawfully or abusively.

16. Liability and Consumer Rights

We take reasonable steps to ensure that our website and Services operate correctly and that the information we provide is accurate.

However, websites and online services may occasionally experience interruptions, technical problems or circumstances outside our reasonable control.

To the maximum extent permitted by law, Hug My Body will not be responsible for losses caused solely by circumstances outside our reasonable control or by a customer's unlawful or improper use of our website.

Nothing in these Terms is intended to exclude or limit liability where doing so would be prohibited by South African law.

In particular, nothing in these Terms excludes, restricts or limits any rights or remedies available to consumers under the Consumer Protection Act, ECTA or other applicable consumer protection legislation.

17. Changes to These Terms

We may update these Terms from time to time to reflect changes to our business, website, products, services or applicable legal requirements.

The latest version will be available on this page.

Changes will apply from the date they are published or from any later date stated in the updated Terms.

Any changes will not retrospectively remove statutory rights you already have in relation to an existing transaction.

18. Severability

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be limited or removed only to the extent necessary.

The remaining provisions will continue to apply.

19. Governing Law

These Terms and your use of the Hug My Body website are governed by the laws of the Republic of South Africa.

Nothing in this section prevents a consumer from exercising any right to approach an appropriate court, consumer tribunal, ombud, regulatory authority or other body where provided for under applicable law.