Legal notice

LEGAL NOTICE & TERMS OF USE

The Legal Framework of Our Digital Brand

This website is owned and operated by SMOOSH Luxury. By accessing, browsing, or utilizing this e-commerce platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use, our Shipping Policy, and all applicable South African laws and regulations.

1. COMPANY IDENTIFICATION & LEGAL COMPLIANCE

In compliance with Section 43 of the Electronic Communications and Transactions Act (ECTA) No. 25 of 2002, the legal disclosures for this platform are detailed below:

  • Platform Owner: SMOOSH Luxury

  • Core Services: E-commerce retail of premium leather goods, accessories, and curated lifestyle apparel.

  • Website Address: www.smooshluxury.com

  • Contact Channel: via our official digital concierge form on the website.

2. INTELLECTUAL PROPERTY & TRADEMARKS

All content displayed on this website is protected by South African and international intellectual property laws.

  • Proprietary Assets: The SMOOSH Luxury wordmark, the stylized SL monogram layout, signature repeating patterns, minimal iconography, custom graphics, and website design layouts are the exclusive property of SMOOSH Luxury as established in our corporate brand guidelines.

  • Usage Restrictions: You are strictly prohibited from copying, reproducing, modifying, distributing, displaying, or mirroring any brand elements, product imagery, or text content without explicit, prior written authorization from our legal officers. Unauthorized use of any intellectual property will result in immediate legal action.

3. PRE-ORDER PURCHASE & TRANSACTION CONTRACTS

By executing a transaction on our e-commerce platform, you enter into a binding sales contract governed by the following terms:

  • Pre-Order Model Agreement: You explicitly acknowledge that SMOOSH Luxury operates under a pre-order framework. Your payment serves as immediate allocation for the custom production of your piece.

  • Pricing Integrity: All prices listed on the website are displayed in South African Rand (ZAR) and are subject to change without prior notice.

  • Contract Formation: A binding commercial agreement is only finalized once your payment successfully clears into our accounts, and a formal order confirmation receipt is delivered to your designated email address. We reserve the right to decline or cancel any transaction due to material shortages, pricing system glitches, or suspected fraudulent activity.

4. LIMITATION OF LIABILITY

  • Platform Accuracy: While we make every deliberate effort to display exact colorways, leather textures, and design specifications (as seen in our digital design previews), slight variations may occur due to the organic nature of premium materials and digital display settings.

  • Website Availability: SMOOSH Luxury provides this website on an "as is" and "as available" basis. We do not warrant that our digital service will be completely uninterrupted, secure, or free from server errors, and we accept no liability for temporary platform downtime or digital disruptions.

5. PRIVACY & DATA PROTECTION (POPIA)

Your digital privacy is a foundational pillar of our client relationships.

  • Data Processing: In strict compliance with the Protection of Personal Information Act (POPIA) No. 4 of 2013, all personal data captured at checkout—including your physical delivery address, contact details, and billing information—is securely processed and utilized solely for order fulfillment, high-security courier routing, and official brand updates.

  • Third-Party Sharing: Your personal information is never sold or distributed to external marketing registries. It is securely shared only with authorized, high-security third-party entities necessary to complete your order (e.g., encrypted financial payment gateways and our premium courier networks).

6. GOVERNING LAW & JURISDICTION

  • These terms, legal notices, and any commercial disputes arising from your interaction with the SMOOSH Luxury platform are governed exclusively by the laws of the Republic of South Africa.

  • Any formal legal proceedings or mediation will fall under the exclusive jurisdiction of the South African courts.