Terms of service

HerFlex Terms of Service

Last Updated: 19 August 2026

1. Overview

Welcome to HerFlex.

These Terms of Service ("Terms") govern your access to and use of the HerFlex website, online store, products, services, content and related features.

Throughout these Terms, the words "HerFlex", "we", "us" and "our" refer to HerFlex. The words "you", "your" and "customer" refer to any person accessing our website, browsing our store, creating an account or purchasing products from us.

By accessing our website, using any part of our online store or placing an order with HerFlex, you agree to be bound by these Terms together with any policies referenced in them, including our:

  • Returns & Refunds Policy;

  • Privacy Policy;

  • Shipping & Delivery Policy; and

  • Any other policies, notices or conditions published on our website.

If you do not agree to these Terms, you should not use the HerFlex website or purchase products through our online store.

Nothing contained in these Terms is intended to exclude, restrict or waive any consumer right that cannot lawfully be excluded under applicable South African law.

2. Eligibility to Use Our Store

By using our website or placing an order, you confirm that:

  • You have the legal capacity to enter into a binding agreement; or

  • Where applicable, you are using the website with the consent or assistance required by law.

You may not use our website or products for any unlawful or unauthorised purpose.

You may not use the HerFlex website in any manner that violates applicable laws or regulations.

3. Our Online Store

HerFlex operates an online retail store through which customers may browse and purchase available products.

Products displayed on our website are subject to availability.

Displaying a product on our website does not guarantee that:

  • The product will remain available;

  • A particular colour will remain available;

  • A particular size will remain available;

  • Stock will be available when checkout is completed; or

  • We will indefinitely continue selling the product.

We may add, remove, discontinue, replace or modify products offered through our store at any time.

Where an order has already been validly accepted and paid for, your applicable consumer rights will remain unaffected.

4. Product Information

We make reasonable efforts to ensure that product descriptions, photographs, sizing information, colours, features and other information appearing on our website are accurate.

However, product appearance may vary slightly due to factors including:

  • Screen settings;

  • Monitor or mobile-device displays;

  • Lighting used in photography or video;

  • Manufacturing batches;

  • Fabric characteristics;

  • Photography conditions; and

  • Minor production variations.

Colours displayed digitally cannot always be guaranteed to precisely represent the physical colour of a product.

Minor differences that do not materially affect the nature, functionality or quality of a product will not necessarily constitute a defect.

Nothing in this section limits rights relating to products that have been materially misrepresented or goods that fail to meet applicable legal standards.

5. HerFlex Sportswear and Product Fit

HerFlex products are designed for their advertised clothing and activewear purposes.

The level of fit, comfort, compression and support experienced by an individual customer may differ depending on factors including:

  • Body shape;

  • Bust size;

  • Product size selected;

  • Strap adjustment;

  • Underband adjustment;

  • How the garment is worn;

  • Type and intensity of physical activity; and

  • Individual preference.

Customers should review available sizing information and product instructions before ordering and before using the product.

A difference in personal fit or comfort does not automatically mean that a product is defective.

6. Product Use

Customers are responsible for using HerFlex products appropriately and according to any instructions or care information supplied with the product.

Unless expressly stated otherwise, HerFlex clothing and activewear products are not medical devices, protective safety equipment or substitutes for professional medical treatment.

Statements regarding support, movement, comfort, performance or similar product characteristics describe the intended function of the product and should not be interpreted as medical advice or a guarantee of a particular health outcome.

If you have a health condition, injury or other concern that may affect your ability to exercise or use a particular garment, you should obtain appropriate professional advice where necessary.

7. Sizing

Customers are responsible for selecting the size they wish to purchase.

Where provided, HerFlex sizing charts, measurement information and fit guidance are intended to assist customers in making an informed selection.

Sizing guidance cannot guarantee an identical fit for every person because body proportions vary.

Customers should review sizing information before completing their purchase.

Returns or exchanges relating to sizing are handled according to our Returns & Refunds Policy and applicable law.

8. Prices

All prices displayed on our website are shown in the currency indicated on the website.

HerFlex may change product prices at any time before an order is completed.

A price change will not ordinarily affect an order that has already been validly accepted at the previous price.

Where applicable, delivery charges, promotional discounts or other amounts will be displayed during the ordering or checkout process.

Customers are responsible for reviewing the final order total before authorising payment.

9. Pricing and Website Errors

Although we take reasonable steps to maintain accurate information, errors may occasionally occur.

These may include:

  • Incorrect prices;

  • Incorrect discounts;

  • Typographical errors;

  • Incorrect stock information;

  • Technical errors;

  • Duplicate promotions;

  • Incorrect product descriptions; or

  • System or checkout errors.

Where there is an obvious and genuine error, HerFlex reserves the right, to the extent permitted by law, to correct that error.

If an error materially affects an order that has already been submitted, we may contact you before fulfilment to explain the issue and determine the appropriate next step.

Where we cannot lawfully fulfil an order as accepted and payment has been received, any refund legally due will be processed.

Nothing in this section permits HerFlex to engage in misleading pricing practices or to disregard mandatory consumer rights.

10. Placing an Order

When you place an order through HerFlex, you are requesting to purchase the products contained in your order.

You are responsible for ensuring that all information provided during checkout is correct before submitting the order.

This includes:

  • Product;

  • Size;

  • Colour;

  • Quantity;

  • Customer name;

  • Email address;

  • Telephone number;

  • Billing information; and

  • Delivery address.

Please review your order carefully before completing payment.

An automated order confirmation may acknowledge that your order has been received. It does not prevent HerFlex from taking lawful action where there has been fraud, a genuine technical error, unavailable stock or another legitimate reason that prevents fulfilment.

11. Our Right to Refuse or Cancel Orders

Subject to applicable law, HerFlex may refuse, limit or cancel an order where there is a legitimate reason to do so.

Examples may include:

  • The product is no longer available;

  • A genuine pricing or technical error occurred;

  • Payment was unsuccessful;

  • Payment could not be verified;

  • We reasonably suspect fraud;

  • False customer information was supplied;

  • The order appears to involve unauthorised payment activity;

  • The order appears to be intended for unlawful resale or abuse;

  • A security risk has been identified;

  • A customer has materially abused our ordering, returns or refund processes; or

  • We are legally prohibited from fulfilling the order.

If HerFlex cancels an order after receiving valid payment and no lawful reason exists for retaining the payment, the applicable amount will be refunded.

12. Order Quantities and Resale

HerFlex primarily sells products for personal consumer use unless otherwise agreed.

We may, where reasonably necessary, limit quantities purchased per:

  • Person;

  • Household;

  • Customer account;

  • Payment method;

  • Order; or

  • Delivery address.

Where unusually large quantities are ordered, we may contact the customer for additional information.

You may not falsely represent yourself as an authorised distributor, wholesaler, representative or agent of HerFlex.

13. Payment

Orders must be paid using the payment methods available during checkout.

By submitting payment information, you confirm that:

  • You are authorised to use the selected payment method;

  • The information supplied is accurate; and

  • You authorise the applicable amount to be charged for your purchase.

Payments may be processed by third-party payment providers.

HerFlex does not control the internal processing systems of banks, card issuers or independent payment providers.

An order may not be fulfilled until payment has been successfully authorised or confirmed where payment confirmation is required.

14. Payment Security and Fraud Prevention

We may use reasonable fraud-prevention and payment-verification measures to protect HerFlex and our customers.

Where a transaction is flagged as potentially fraudulent or unauthorised, we may temporarily delay fulfilment while the matter is reviewed.

We may request reasonable information required to verify an order where there is a legitimate security concern.

We will process personal information used for such purposes in accordance with applicable data-protection requirements and our Privacy Policy.

HerFlex reserves the right to cancel an order where there are reasonable grounds to believe that payment is fraudulent, unauthorised or unlawful.

15. Promotional Codes and Discounts

HerFlex may occasionally offer promotional codes, discounts, vouchers, bundles or other promotional offers.

Unless otherwise stated:

  • Promotional codes may not be exchanged for cash;

  • Promotional codes cannot necessarily be combined;

  • A promotion may be limited to selected products;

  • A promotion may have an expiry date;

  • Minimum-spend requirements may apply;

  • Quantity restrictions may apply; and

  • Promotional offers are subject to their stated conditions.

HerFlex may cancel or refuse the fraudulent, unauthorised or unintended use of a promotional code where permitted by law.

A genuine technical error that results in an unintended discount does not automatically entitle a customer to exploit the error.

16. Gift Cards and Store Credit

Where HerFlex offers gift cards, vouchers or store credit, any specific conditions displayed at the time of issue will apply.

Nothing in such conditions will override rights that cannot lawfully be excluded.

Store credit issued as part of a voluntary resolution does not replace a customer's legal entitlement to another remedy where applicable law specifically requires that remedy.

17. Delivery

Products purchased from HerFlex will be delivered according to our Shipping & Delivery Policy and the delivery information presented during checkout.

Any estimated delivery period is an estimate unless HerFlex expressly agrees otherwise.

Delivery may be affected by circumstances outside our reasonable control, including:

  • Courier delays;

  • Severe weather;

  • Road closures;

  • Industrial action;

  • Public holidays;

  • Natural disasters;

  • Civil disruptions;

  • Incorrect customer information;

  • Remote delivery areas;

  • Security incidents;

  • System disruptions; or

  • Other circumstances reasonably beyond our control.

HerFlex will not use this provision to avoid obligations imposed by applicable consumer law.

18. Delivery Information

You are responsible for providing an accurate and complete delivery address.

Please ensure that your delivery information includes all information reasonably necessary for the courier to complete delivery.

HerFlex will not be responsible, to the extent permitted by law, for additional delivery costs or delays resulting solely from incorrect or incomplete information provided by the customer.

If you identify an error in your delivery details, contact us as soon as possible.

We cannot guarantee that an address can be changed after an order has entered fulfilment or been handed to a courier.

19. Delivery Attempts and Uncollected Parcels

Customers are responsible for being reasonably available to receive their order or making suitable arrangements where required.

Where a parcel cannot be delivered because of circumstances attributable to the customer, including an incorrect address or repeated unsuccessful delivery attempts, additional courier costs may become payable before the parcel is resent, where legally permitted.

Where a parcel is returned to HerFlex by the courier, we will assess the order and contact the customer regarding the appropriate next step.

20. Proof of Delivery

Where a courier records an order as successfully delivered, HerFlex may rely on available delivery records when investigating a delivery dispute.

This may include, where lawfully obtained and available:

  • Delivery date and time;

  • Recipient information;

  • Delivery confirmation;

  • Photographic proof;

  • Courier tracking information; or

  • Other delivery records.

If your parcel is marked as delivered but you have not received it, please contact HerFlex promptly so that we can investigate the matter with the relevant courier.

21. Risk of Loss or Damage

Risk relating to delivery will be determined in accordance with applicable South African law.

Nothing in these Terms is intended to improperly transfer responsibility for goods to a customer before the point at which applicable law permits such transfer.

Customers must nevertheless take reasonable care of products after receiving them.

22. Returns and Refunds

Returns and refunds are governed by the HerFlex Returns & Refunds Policy, which forms part of these Terms.

Under our standard voluntary-return process, customers wishing to request a return should contact HerFlex within 48 hours after delivery.

Return requests submitted after this period may be declined where HerFlex is not legally required to accept the return.

Submitting a return request does not automatically mean that a refund has been approved.

Except where applicable law requires otherwise, HerFlex processes a refund only after:

  1. The return has been authorised;

  2. The relevant item has been returned to HerFlex;

  3. HerFlex has received the returned product;

  4. The product has been inspected; and

  5. The return has been confirmed as eligible for a refund.

The full eligibility criteria and return process are contained in our Returns & Refunds Policy.

The 48-hour voluntary return period does not exclude or override any longer cancellation, cooling-off, warranty, defective-product or other right that applies under mandatory South African law.

23. Condition of Returned Products

Where a voluntary return is requested, returned products may be required to be:

  • Unworn beyond reasonable inspection;

  • Unwashed;

  • Unused;

  • In their original condition;

  • Free from stains and marks;

  • Free from make-up;

  • Free from deodorant;

  • Free from perfume;

  • Free from body odour;

  • Free from pet hair;

  • Unaltered;

  • Undamaged by the customer; and

  • Returned with applicable tags and packaging where reasonably possible.

The detailed requirements contained in the Returns & Refunds Policy apply.

These conditions do not limit rights relating to genuinely defective goods where applicable law provides otherwise.

24. Defective, Damaged or Incorrect Products

Customers should inspect their orders as soon as reasonably possible after delivery.

If an item arrives damaged, defective or incorrect, we encourage customers to contact HerFlex promptly and preferably within 48 hours so that the matter can be investigated efficiently.

Where appropriate, we may request reasonable photographs, video or other information showing the issue.

A request for prompt notification is intended to help us investigate the problem and does not remove mandatory rights applicable to defective or unsafe goods.

Where HerFlex supplied the incorrect product or where a product is legally defective, the remedy will be handled in accordance with applicable law and our Returns & Refunds Policy.

25. Normal Wear and Tear and Customer-Caused Damage

A product will not ordinarily be considered defective merely because it has deteriorated as a result of:

  • Normal wear and tear;

  • Misuse;

  • Accidental damage;

  • Improper washing;

  • Failure to follow care instructions;

  • Bleaching;

  • Excessive heat;

  • Improper drying;

  • Incorrect storage;

  • Alterations;

  • Deliberate damage;

  • Use inconsistent with its intended purpose; or

  • Other damage caused after delivery by the customer or a third party.

This provision does not affect responsibility for an original manufacturing defect or another defect protected by law.

26. Chargebacks and Payment Disputes

Customers retain their lawful rights to dispute genuinely unauthorised or improper transactions.

However, initiating a payment chargeback using false information, after receiving and retaining goods without lawful justification, or for the purpose of avoiding a legitimate payment obligation may constitute abuse or fraud.

Before initiating a chargeback in relation to an ordinary customer-service dispute, we encourage customers to contact HerFlex so that we have an opportunity to investigate and resolve the matter.

Where a chargeback is initiated, HerFlex may provide the payment provider with relevant transaction evidence, including where appropriate:

  • Order records;

  • Customer correspondence;

  • Payment records;

  • Delivery confirmation;

  • Tracking information;

  • Return records; and

  • Other reasonably relevant evidence.

Any personal information disclosed for this purpose will be handled subject to applicable data-protection requirements.

27. Customer Accounts

Where our website allows customer accounts, you are responsible for maintaining the confidentiality of your account login information.

You are responsible for activity occurring through your account to the extent reasonably attributable to your actions or failure to protect your credentials.

If you reasonably suspect unauthorised access to your account, you should notify HerFlex promptly.

We may suspend or restrict an account where reasonably necessary to investigate fraud, security threats, unlawful conduct or material abuse of our services.

28. Accurate Customer Information

You agree to provide accurate and reasonably complete information when placing an order or creating an account.

You agree to update information where necessary to allow us to fulfil an order or communicate with you about your purchase.

HerFlex will not be responsible for a failure to deliver or communicate where that failure results solely from materially incorrect information supplied by the customer.

29. Intellectual Property

Unless otherwise stated, the HerFlex website and its original content are owned by or licensed to HerFlex.

This includes, where applicable:

  • HerFlex branding;

  • HerFlex name;

  • Logos;

  • HF monogram and brand marks;

  • Website designs;

  • Graphics;

  • Product photography;

  • Product videos;

  • Written product descriptions;

  • Marketing materials;

  • Advertisements;

  • Original illustrations;

  • Layouts;

  • Copy;

  • Promotional content; and

  • Other original creative material.

Nothing in these Terms transfers ownership of our intellectual property to you.

You may use our website for ordinary personal shopping and informational purposes.

You may not reproduce, sell, commercially exploit, distribute, falsely represent as your own, systematically copy or republish HerFlex intellectual property without permission except where permitted by law.

30. HerFlex Trademarks and Branding

You may not use the HerFlex name, logo, HF branding or other brand identifiers in a way that:

  • Falsely implies affiliation with HerFlex;

  • Falsely represents you as an authorised HerFlex seller;

  • Misleads consumers;

  • Imitates HerFlex branding for fraudulent purposes; or

  • Otherwise infringes our intellectual-property rights.

Nothing prevents lawful commentary, review or other use permitted by applicable law.

31. Customer Reviews and User-Submitted Content

If you voluntarily submit a review, photograph, video, testimonial, comment or other content to HerFlex, you confirm that:

  • You have the right to submit the content;

  • The content does not knowingly infringe another person's rights;

  • The content is not fraudulent or deliberately misleading; and

  • Your submission complies with applicable law.

HerFlex may moderate or remove content from platforms under our control where the content is unlawful, fraudulent, abusive, spam, unrelated to the product or otherwise violates legitimate platform rules.

We will not knowingly alter genuine customer reviews for the purpose of misleading consumers.

Where HerFlex wishes to use customer photographs, videos or other identifiable content for advertising or promotional purposes beyond the context in which it was originally submitted, we will handle such use subject to applicable law and any necessary permissions.

32. Prohibited Uses

You may not use the HerFlex website to:

  • Commit fraud;

  • Attempt unauthorised access to our systems;

  • Distribute malware or harmful code;

  • Scrape or harvest information unlawfully;

  • Interfere with website security;

  • Conduct payment fraud;

  • Impersonate another person;

  • Submit deliberately false information;

  • Violate intellectual-property rights;

  • Engage in unlawful harassment;

  • Exploit website errors dishonestly;

  • Place orders using stolen payment information;

  • Conduct unlawful automated activity;

  • Attempt to disable or overload the website; or

  • Engage in activity otherwise prohibited by applicable law.

We may restrict access where reasonably necessary to protect our customers, business or systems.

33. Website Security

We take reasonable measures to protect our online services, but no internet-based system can be guaranteed to operate without interruption or security risk.

Customers should use reasonable security precautions when accessing online services, including protecting passwords and avoiding the disclosure of payment or login information to unknown third parties.

HerFlex will never rely on these Terms to excuse conduct for which liability cannot lawfully be excluded.

34. Third-Party Service Providers

HerFlex may use third-party providers to operate portions of our business, including services relating to:

  • Website hosting;

  • E-commerce infrastructure;

  • Payments;

  • Courier delivery;

  • Email communication;

  • Analytics;

  • Advertising;

  • Fraud prevention;

  • Customer support; and

  • Other operational functions.

Certain aspects of your transaction may therefore involve services provided by independent third parties.

Their own terms or privacy practices may apply where you interact directly with those services.

35. Third-Party Links

Our website may contain links to websites or services operated by third parties.

A link does not necessarily mean that HerFlex owns, controls or endorses everything appearing on that third-party website.

We are not responsible for third-party content or practices to the extent that those matters fall outside our control.

Customers should review the relevant terms and policies before transacting with an independent third party.

36. Social Media

HerFlex may operate accounts on social-media platforms.

Those platforms are independently operated and may have their own terms, policies and privacy practices.

Following, commenting on or interacting with HerFlex through a third-party social-media platform may therefore also be subject to the terms of that platform.

37. Privacy and Personal Information

HerFlex processes personal information in accordance with our Privacy Policy and applicable South African data-protection law, including the Protection of Personal Information Act 4 of 2013 (POPIA) where applicable.

Personal information may be processed for legitimate business purposes including:

  • Processing orders;

  • Taking payments;

  • Delivering products;

  • Communicating with customers;

  • Preventing fraud;

  • Managing returns;

  • Providing customer support;

  • Complying with legal obligations; and

  • Operating and improving our store.

Further details regarding the information we collect, why we collect it, how it may be shared, and your applicable rights are contained in our Privacy Policy.

38. Marketing Communications

Where permitted by law, HerFlex may offer customers the ability to receive promotional communications.

Where consent is required, marketing communications will be handled in accordance with applicable requirements.

Customers may unsubscribe from marketing communications using the method provided in the relevant communication or by contacting us.

Unsubscribing from marketing communications does not prevent HerFlex from sending essential transactional messages concerning an active order, refund, delivery, security matter or other service-related communication where appropriate.

39. Electronic Communications

When you purchase from HerFlex or communicate with us electronically, communications between you and HerFlex may take place electronically.

This may include communications through:

  • Email;

  • Website forms;

  • Order notifications;

  • SMS, where applicable;

  • Customer-service systems; or

  • Other electronic channels made available by HerFlex.

Customers are responsible for ensuring that the contact information supplied to HerFlex is accurate.

40. Website Availability

We aim to keep the HerFlex website reasonably available, but we do not guarantee uninterrupted access at all times.

Access may temporarily be affected by:

  • Maintenance;

  • Hosting interruptions;

  • Technical failures;

  • Security incidents;

  • Internet outages;

  • Third-party service failures; or

  • Circumstances beyond our reasonable control.

Where reasonably possible, we may correct errors, suspend features or perform maintenance without prior notice.

41. Information on Our Website

We endeavour to keep website information current and accurate.

However, general website content is provided for informational and commercial purposes and may occasionally contain errors or become outdated.

If you identify an apparent error affecting a purchase, please contact HerFlex.

Nothing in this section allows HerFlex to knowingly provide materially false or misleading information.

42. Fitness and Lifestyle Information

Any general fitness, activewear, lifestyle or wellness information published by HerFlex is provided for general informational purposes unless expressly stated otherwise.

It is not intended to constitute:

  • Medical advice;

  • Diagnosis;

  • Treatment;

  • Physiotherapy advice;

  • Professional fitness assessment; or

  • Other regulated professional advice.

Customers remain responsible for determining whether a particular exercise or activity is appropriate for them.

43. Limitation of Liability

To the fullest extent permitted by applicable law, HerFlex will not be liable for indirect, incidental or consequential losses arising solely from circumstances for which the law permits liability to be limited.

However, nothing in these Terms excludes or limits liability where doing so would be prohibited by South African law.

In particular, nothing in these Terms is intended to exclude mandatory protections available to consumers relating to unsafe, defective or poor-quality goods, gross negligence, prohibited conduct or any other liability that cannot legally be excluded.

Where a limitation contained in these Terms is not legally enforceable in a particular situation, that limitation will apply only to the maximum extent lawfully permitted.

44. No Unlawful Exclusion of Consumer Rights

These Terms must not be interpreted as requiring a customer to waive a right granted under applicable consumer legislation where that right cannot lawfully be waived.

Where a provision of these Terms conflicts with a mandatory consumer-protection provision, the mandatory legal provision will apply.

The remaining provisions of these Terms will continue to operate to the extent legally permissible.

45. Indemnification

To the extent permitted by law, you agree to be responsible for losses or claims reasonably arising from your own:

  • Unlawful use of our website;

  • Fraudulent conduct;

  • Intentional infringement of intellectual-property rights;

  • Deliberate misuse of our services; or

  • Material violation of these Terms.

This clause does not require a consumer to indemnify HerFlex against HerFlex's own unlawful conduct, negligence or liability that cannot legally be transferred to the customer.

46. Events Outside Our Reasonable Control

HerFlex will not be treated as having breached an obligation solely because performance was prevented or materially delayed by circumstances genuinely outside our reasonable control, to the extent permitted by law.

Such circumstances may include:

  • Natural disasters;

  • Floods;

  • Fires;

  • Severe weather;

  • War;

  • Civil unrest;

  • Government restrictions;

  • Epidemics or public-health emergencies;

  • Major telecommunications outages;

  • Widespread power or infrastructure failures;

  • Courier-network disruption;

  • Industrial action;

  • Cyberattacks; or

  • Other comparable events beyond our reasonable control.

Where such an event affects an existing customer order, HerFlex will take reasonable steps appropriate to the circumstances and comply with any mandatory legal obligations.

47. Complaints and Dispute Resolution

If you have a complaint regarding an order, product, refund or other HerFlex service, please contact us first using the contact information provided on our website.

Please provide sufficient information to allow us to investigate the matter, including your order number where applicable.

We will attempt to resolve legitimate disputes reasonably and efficiently.

Nothing in these Terms prevents a customer from exercising any right to refer a matter to an appropriate consumer body, regulator, tribunal, ombud, court or other dispute-resolution forum where available under applicable law.

48. Fraudulent Claims and Abuse

HerFlex reserves the right to investigate suspected fraud or material abuse involving:

  • Orders;

  • Refunds;

  • Returns;

  • Delivery claims;

  • Chargebacks;

  • Promotional offers;

  • Customer accounts; or

  • Payment methods.

Where reasonably justified, HerFlex may retain relevant records and provide information to payment processors, couriers, insurers, law-enforcement authorities or other appropriate parties in accordance with applicable law.

Genuine consumer complaints and legitimate exercise of consumer rights will not be treated as abuse merely because a customer raises a dispute.

49. Suspension or Termination of Access

HerFlex may suspend or terminate access to portions of our services where a user materially violates these Terms or where action is reasonably necessary to address:

  • Fraud;

  • Cybersecurity threats;

  • Illegal conduct;

  • Abuse of HerFlex systems;

  • Harassment;

  • Unauthorised access; or

  • Other material risks to the business or our customers.

Termination of website access does not eliminate legal rights or obligations arising from an existing transaction.

50. Governing Law

These Terms and transactions entered into through HerFlex are governed by the laws of the Republic of South Africa, subject to any mandatory rules that apply to the particular transaction.

Nothing in this clause prevents a consumer from approaching an appropriate statutory dispute-resolution body, regulator, tribunal or court where entitled to do so.

51. Consumer Protection Legislation

HerFlex operates subject to applicable South African law.

Depending on the transaction and circumstances, relevant legislation may include:

  • The Consumer Protection Act 68 of 2008;

  • The Electronic Communications and Transactions Act 25 of 2002;

  • The Protection of Personal Information Act 4 of 2013; and

  • Other applicable legislation and regulations.

If any provision in these Terms conflicts with a mandatory statutory provision that cannot legally be excluded, the statutory provision will apply.

52. Severability

If any individual provision of these Terms is determined to be invalid, unlawful or unenforceable, that provision will, where reasonably possible, be interpreted or limited so that it becomes enforceable.

If this is not possible, the affected provision may be severed from these Terms.

The remaining provisions will continue to apply to the extent permitted by law.

53. No Waiver

If HerFlex does not immediately enforce a particular provision of these Terms, this does not automatically mean that HerFlex permanently waives the right to rely on that provision in the future.

Similarly, nothing in these Terms prevents a consumer from exercising a statutory right merely because that right was not exercised immediately, where the applicable legal period has not expired.

54. Entire Agreement

These Terms, together with the policies and notices expressly incorporated into them, constitute the terms governing the use of the HerFlex online store and applicable purchases.

Where a product, promotion or service has additional specific terms, those additional terms may also apply.

If additional terms conflict with these Terms, they will be interpreted together where reasonably possible and always subject to mandatory applicable law.

55. Headings

Section headings are included for convenience and readability.

They do not independently alter the meaning of the provisions contained under them.

56. Changes to These Terms

HerFlex may update these Terms from time to time to reflect changes to our:

  • Business operations;

  • Website;

  • Products;

  • Services;

  • Processes;

  • Policies; or

  • Legal and regulatory obligations.

The updated Terms will become effective when published on our website unless otherwise stated.

Changes will not retrospectively remove or unlawfully reduce rights that already arose from an existing transaction.

The date displayed at the top of these Terms indicates when they were most recently updated.

57. Relationship With Our Other Policies

These Terms should be read together with HerFlex's other website policies.

In particular:

Returns and Refunds

All return, refund and defective-product requests are handled according to our Returns & Refunds Policy, subject to applicable law.

Shipping and Delivery

Delivery methods, estimated delivery periods and related procedures are described in our Shipping & Delivery Policy.

Privacy

Collection and processing of personal information are explained in our Privacy Policy.

Where there is an inconsistency between a website policy and a mandatory requirement of South African law, the mandatory legal requirement will prevail.

58. Contact HerFlex

If you have questions regarding:

  • These Terms;

  • Your order;

  • Delivery;

  • Returns;

  • Refunds;

  • Products;

  • Payments; or

  • Any other HerFlex service,

please contact HerFlex using the contact information provided on our website.

When contacting us about an existing order, please provide your order number so that we can assist you more efficiently.

59. Acceptance of These Terms

By accessing the HerFlex website, creating an account where available, or completing a purchase through our online store, you acknowledge that you have had the opportunity to read these Terms and agree to be bound by the provisions that lawfully apply to your use of the website and your transaction.

Your use of HerFlex remains subject at all times to rights and protections that cannot lawfully be excluded under applicable South African law.

Thank you for choosing HerFlex.