Chic On Repeat Website Terms and Conditions

Last Updated: March 2025

  1. Terms and Conditions
    1. This website can be accessed at www.dressyomo.co.za (the “Website”) and is owned and operated by Chic on Repeat Pty Limited trading as Yomo (“Yomo”, “we”, “us” and “our”).
    2. These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of our products, and the use of the Website.
    3. These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website including without limitation each user who registers as a customer (“the Customer”, “you”, “your” or “user”). By using the Website and/or by registering on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
    4. The Website enables you to shop online for a range of occasion or event wear, dresses, clothing or garments supplied and designed by professional designers for Yomo (“Products”).  
    5. When you use the Website, notwithstanding your geographic location, you do so in accordance with these Terms and Conditions and provided that any delivery address is a delivery address within the borders of the Republic of South Africa.
  2. NOTICE FOR CONSUMERS
    1. The Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”) and the Electronic Communications and Transactions Act, 25 of 2002 (“ECTA”), to the extent applicable.
    2. THE TERMS AND CONDITIONS (INCLUDING RETURNS POLICY) WILL CONTAIN PROVISIONS THAT APPEAR IN SIMILAR TEXT AND STYLE TO THIS CLAUSE AND THE CONSUMER’S ATTENTION IS DRAWN TO THESE PROVISIONS WHICH MAY:
      1. LIMIT THE RISK OR LIABILITY OF YOMO OR ANOTHER PARTY; AND/OR
      2. CREATE OR IMPUTE RISK OR LIABILITY FOR THE CUSTOMER; AND/OR
      3. IMPOSE AND OBLIGATION ON THE CUSTOMER TO INDEMNIFY YOMO OR ANOTHER PARTY; AND/OR
      4. SERVE AS AN ACKNOWLEDGEMENT BY THE CUSTOMER OF ANY FACT.
    3. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to have it explained and understand it before you accept the Terms and Conditions or continue using the Website.
    4. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or us in terms of the CPA or ECTA.
    5. The use of this Website is permitted subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website, and/or cancel your Customer account if you do not agree to the Terms and Conditions.
  3. Returns
    1. Please refer to our Returns Policy for more information about returning products. The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).
  4. Registration/Use of Website
    1. Only registered users may order Products on the Website.
    2. To register as a user, you must provide a unique username and password and provide certain information and personal details to us, and verify such information, as necessary. This “registration data” is dealt with in terms of our Privacy Policy (which is incorporated into these Terms and Conditions). 
    3. YOU WARRANT THAT YOUR REGISTRATION DATA IS ACCURATE, CURRENT AND COMPLETE. YOU WILL BE DENIED ACCESS TO THE WEBSITE SHOULD YOU BREACH THIS WARRANTY OR SUBSEQUENTLY BE FOUND TO HAVE BREACHED THIS WARRANTY.
    4. Once registered you will be able to log into your account using your username and your password or your relevant account information. And access the Website in order to purchase Products.
    5. You warrant that your username and password shall:
      1. be used for personal use only; and
      2. not be disclosed by you to any third party.
      3. for security purposes you agree to enter the correct username and password whenever ordering products, failing which you will be denied access.
    6. YOU AGREE THAT, ONCE THE CORRECT USERNAME AND PASSWORD RELATING TO YOUR ACCOUNT HAVE BEEN ENTERED, IRRESPECTIVE OF WHETHER THE USE OF THE USERNAME AND PASSWORD IS UNAUTHORISED OR FRAUDULENT, YOU WILL BE LIABLE FOR PAYMENT OF SUCH ORDER.
    7. You agree to notify us immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm. You agree that security of your account is solely your responsibility.  
    8. BY USING THE WEBSITE, YOU WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER AND OF FULL LEGAL CAPACITY. IF YOU ARE UNDER THE AGE OF 18 OR IF YOU ARE NOT LEGALLY PERMITTED TO ENTER INTO A BINDING AGREEMENT, THEN YOU MAY USE THE WEBSITE ONLY WITH THE INVOLVEMENT AND SUPERVISION OF YOUR PARENT OR LEGAL GUARDIAN. IF YOUR PARENT OR LEGAL GUARDIAN SUPERVISES YOU AND GIVES HIS/HER CONSENT, THEN SUCH PERSON AGREES TO BE BOUND TO THESE TERMS AND CONDITIONS AND TO BE LIABLE AND RESPONSIBLE FOR YOU AND ALL YOUR OBLIGATIONS UNDER THESE TERMS AND CONDITIONS.
    9. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Yomo representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
    10. You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
    11. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Yomo representative.
  5. Conclusion of Sales and availability of Products
    1. Customers may place orders for Products on the website which we may accept or reject. Whether or not we accept an order depends on the availability of the Product, materials or the relevant designer/supplier, the correctness of the information relating to the Product (including without limitation the price) and receipt of payment to us for the Products and noting the following:
      1. Products are created (designed, sewn, stitched and cut) according to the South African or International retail sizes published on the Website and selected by the Customer and not to Customer’s specific measurements.
      2. THE WEBSITE WILL CONTAIN PHOTOGRAPHS OF SAMPLE PRODUCTS IN PRE-DETERMINED SIZES FOR THE CUSTOMER TO ORDER, THAT ARE STILL TO BE MADE OR CREATED BY OUR DESIGNERS ACCORDING TO THE CUSTOMER’S SELECTED SIZES.
      3. THE CUSTOMER ACKNOWLEDGES THAT THE FINAL PRODUCT SHALL BE BASED ON THOSE PHOTOGRAPHS AND THAT IT HAS UNDERSTOOD AND FAMILIARIZED ITSELF WITH SUCH PHOTOGRAPHS.
      4. YOMO IS NOT LIABLE FOR THE CUSTOMER SELECTING THE INCORRECT RETAIL SIZE IN THEIR ORDER, NOR FOR ANY OTHER ERROR OR MISTAKE BY THE CUSTOMER IN THE ORDER PROCESS, NOR FOR ANY MINOR VARIATIONS NECESSARY IN THE FINAL PRODUCT THAT DIFFERS TO THE SAMPLE PHOTOGRAPHS IN THE PRE-DETERMINED SIZE.
    2. We will indicate the acceptance of your order by delivering the Products to you, and only at that point will an agreement of sale between you and Yomo come into effect. This is regardless of any communication from us stating that your order or payment has been confirmed. We will indicate the rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
    3. YOU MAY NOT CANCEL AN ORDER PRIOR TO DELIVERY FOR ANY NEW PRODUCT, AS SUCH PRODUCTS ARE SPECIAL ORDER GOODS AS DEFINED AND CONTEMPLATED IN THE CPA AND ECTA. AFTER DELIVERY OF THE PRODUCTS, YOUR RIGHTS TO EXCHANGE OR RETURN ARE AS CONTEMPLATED IN OUR RETURNS POLICY.  FOR FURTHER INFORMATION ON SPECIAL ORDER GOODS, PLEASE CONSULT OUR RETURNS POLICY.
    4. Yomo reserves the right to change and amend (other than for concluded orders) the Products, Product descriptions, photographs, prices and rates quoted on the Website from time to time without notice.
  6. Payment
    1. Payment can be made for Products via debit card or credit card.
    2. We are committed to providing you access to secure online payment facilities. All transactions are processed via our service provider Yoco Technologies Proprietary Limited (“Yoco”) which implements appropriate technical and other security measures including secure encryption of transactions. For more information about Yoco and their security policies, please refer to https://www.yoco.com/za/
    3. Where payment is made by debit or credit card, additional information may be required in order to authorise and/or verify the validity of payment. 
    4. YOU WARRANT THAT YOU ARE FULLY AUTHORISED TO USE THE DEBIT OR CREDIT CARD SUPPLIED FOR PURPOSES OF PAYING FOR THE PRODUCTS. YOU ALSO WARRANT THAT YOUR DEBT OR CREDIT CARD HAS SUFFICIENT AVAILABLE FUNDS TO COVER ALL THE COSTS INCURRED AS A RESULT OF THE PRODUCTS PURCHASED AND THE SERVICES USED ON THE WEBSITE. YOU AGREE AND CONSENT TO UTILISE OUR CARD TRANSACTIONS SERVICE PROVIDER, YOCO FOR THE PROCESSING OF PAYMENTS;
    5. Once you have selected your payment method, reviewed your order and have made any edits or alterations, you will be directed to a link and/or to a secure site for payment of the applicable purchase price for the Products.
    6. You may contact us via email at sales@dressyomo.co.za, or log a request on your Customer Account to obtain a full record of your payment transaction.
  7. Delivery
    1. We offer one method of delivery of the Products to you, which is via courier.
    2. Yomo makes all attempts to get your order shipped as quickly as possible, but due to the need to create the Product from design, including sourcing materials, quality inspection of the finished Product and any final touch-ups, we estimate between 10 -15 business days from Customer’s order for Products to be despatched for delivery. 
    3. All orders are dispatched with our courier, Courier Guy and should arrive within 2 business days on despatch. Every order has a tracking number, which can be used to trace your Product online. For more information on Courier Guy, please refer to https://thecourierguy.co.za/.
    4. Delivery charges are subject to change at any time, without prior notice to you. You will see the applicable delivery charges in your cart when you check out. 
    5. Our obligation to deliver a product to you is fulfilled when we deliver the Product to the physical address nominated by you for delivery of the order. We are not responsible for any loss or unauthorised use of a Product, after we have delivered the product to the physical address nominated by you.
  8. Discounted / On Sale Products/ Promotions
    1. From time to time, we may offer certain/all Products at discounted prices as part of a limited – time offer or deal.  These will be subject to certain conditions which define the scope of the offer and which will be published on the website for the period of the offer. If you buy a Product within the scope of the terms and conditions of the offer, you will pay the relevant discounted price for that Product specified in its terms.
    2. Any Product that falls outside of the scope of an offer, will be subject to the then current selling price on the Website and these Terms and Conditions.
  9. Privacy policy
    1. We respect your privacy and will take all reasonable measures to protect it, as more fully detailed in our Privacy Policy, which is incorporated herein by reference.
  10. Amendments to these Terms and Conditions
    1. We may, in our sole discretion, amend any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
    2. Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.
    3. No attempted variation, addition, deletion, or cancellation of the Terms and Conditions by the Customer will be of any force or effect, unless agreed in writing by Yomo in a specific written agreement with the Customer, executed by hand or digital signature.
  11. Ownership and copyright
    1. For the purpose of this clause, “intellectual property rights” means all and any of the rights in and to intellectual property of any nature whatsoever owned and/or controlled directly or under licence by us, now or in the future, including without limitation, our rights, title and interest in and to all technology, source code/s, trade secrets, logos, copyright, and all similar proprietary rights which may subsist in any part of the world, whether registered or not.
    2. All copyright and other intellectual property rights in all content, trademarks, software, data, material, including logos, databases, text, graphics, icons, hyperlinks, confidential information, designs, agreements, and multimedia works, published on or via the Website (“proprietary material”), are the property of, or are licensed to us and as such are protected from infringement by local and international legislation and treaties.
    3. By submitting reviews, comments and/or any other content (other than your personal information) to us for posting on the Website, you automatically grant us and our affiliates a non-exclusive, royalty-free, perpetual, irrevocable right and licence to use, reproduce, publish, translate, sub-license, copy and distribute such content in whole or in part worldwide, and to incorporate it in other works in any form, media, or technology now known or hereinafter developed, for the full term of any copyright that may exist in such content. Subject to this licence, you retain any and all rights that may exist in such content.
    4. All rights not expressly granted are reserved and no right, title or interest in any proprietary material or information contained in this Website is granted to you.
    5. Except with our express written permission, no proprietary material from this Website may be copied or retransmitted.
    6. Irrespective of the existence of copyright, you acknowledge that we are the proprietor of all material on the Website (except where a third party is indicated as the proprietor), whether it constitutes confidential information or not, and that you have no right, title or interest in any such material.
    7. We authorise you only to view, copy, temporarily download to a local drive and to print the content of this Website, or any part thereof, provided that such content is used for personal purposes and for information purposes only, and such content is used for non-commercial purposes.
  12. Disclaimers and Limitations of Liability
    1. THE USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ANY RISK OR LOSS RESULTING FROM USE OF THE WEBSITE OR RELIANCE ON ANY INFORMATION ON THE WEBSITE.
    2. WHILST WE TAKE REASONABLE MEASURES TO ENSURE THAT THE CONTENT OF THE WEBSITE IS ACCURATE AND COMPLETE, WE MAKE NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS TO THE QUALITY, TIMELINESS, OPERATION, PERFORMANCE, INTEGRITY, AVAILABILITY OR FUNCTIONALITY OF THE WEBSITE OR PRODUCTS OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION ON THE WEBSITE. IF ANY SUCH REPRESENTATIONS OR WARRANTIES ARE MADE BY OUR REPRESENTATIVES, WE SHALL NOT BE BOUND THEREBY.
    3. WE DISCLAIM AND SHALL NOT BE LIABLE  FOR ANY DAMAGE, LOSS OR EXPENSES, WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL OR SPECIAL IN NATURE, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE WEBSITE AND/OR ANY CONTENT THEREIN, OR YOUR INABILITY TO USE THE WEBSITE, AND/OR UNLAWFUL ACTIVITY ON THE WEBSITE AND/OR USE OF ANY LINKED THIRD PARTY WEBSITE, UNLESS OTHERWISE PROVIDED BY LAW.
    4. THIS WEBSITE AND ALL INFORMATION PROVIDED ON THE WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND WHILE WE SHALL TAKE ALL REASONABLE EFFORTS TO ACCURATELY REFLECT THE DESCRIPTION, AVAILABILITY, PURCHASE PRICE AND DELIVERY CHARGES OF PRODUCTS ON THE WEBSITE, WE DO NOT WARRANT THAT THE WEBSITE OR INFORMATION OR DOWNLOADS SHALL BE ERROR-FREE.  SHOULD THERE BE ANY ERRORS OF WHATSOEVER NATURE ON THE WEBSITE WE SHALL NOT BE LIABLE FOR ANY LOSS, CLAIM OR EXPENSE RELATING TO A TRANSACTION BASED ON ANY ERROR, SAVE – IN THE CASE OF ANY INCORRECT PURCHASE PRICE – TO THE EXTENT OF REFUNDING YOU FOR ANY PORTION OF THE AMOUNT ALREADY AND INCORRECTLY PAID, OR OTHERWISE AS SET OUT IN THE RETURNS POLICY. 
    5. WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND ACCURACY.
    6. WHILST WE HAVE TAKEN REASONABLE MEASURES TO ENSURE THE INTEGRITY OF THE WEBSITE AND ITS CONTENTS, NO WARRANTY, WHETHER EXPRESS OR IMPLIED, IS GIVEN THAT ANY FILES, DOWNLOADS OR APPLICATIONS AVAILABLE VIA THIS WEBSITE ARE FREE OF VIRUSES, OR ANY OTHER DATA OR CODE WHICH HAS THE ABILITY TO CORRUPT, DAMAGE OR AFFECT THE OPERATION OF THE USER’S SYSTEM.
    7. YOU HEREBY INDEMNIFY US AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD-PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE, ANY ORDER FOR PRODUCTS THROUGH THE WEBSITE, AND/OR USE OF ANY LINKED THIRD-PARTY WEBSITE.
  13. Linking To Third Party Websites
    1. This Website may contain links or references to other websites (“Third-Party Websites”) which are outside of our control. These Terms and Conditions do not apply to those Third-Party Websites, and we are not responsible for the practices and/or privacy policies of those Third-Party Websites or the “cookies” that those sites may use.
    2. NOTWITHSTANDING THE FACT THAT THE WEBSITE MAY REFER TO OR PROVIDE LINKS TO THIRD PARTY WEBSITES, YOUR USE OF SUCH THIRD-PARTY WEBSITES IS ENTIRELY AT YOUR OWN RISK AND WE ARE NOT RESPONSIBLE FOR ANY LOSS, EXPENSE, CLAIM OR DAMAGE, WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL, ARISING FROM YOUR USE OF SUCH THIRD-PARTY WEBSITES OR YOUR RELIANCE ON ANY INFORMATION CONTAINED THEREON.
  14. Availability and Termination
    1. We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
    2. WE MAY IN OUR SOLE DISCRETION TERMINATE, SUSPEND AND MODIFY THIS WEBSITE, WITH OR WITHOUT NOTICE TO YOU. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU IN THE EVENT THAT WE CHOOSE TO SUSPEND, MODIFY OR TERMINATE THIS WEBSITE OTHER THAN FOR PROCESSING ANY ORDERS MADE BY YOU PRIOR TO SUCH TIME, TO THE EXTENT POSSIBLE.
    3. IF YOU FAIL TO COMPLY WITH YOUR OBLIGATIONS UNDER THESE TERMS AND CONDITIONS, INCLUDING ANY INCIDENT INVOLVING PAYMENT OF THE PRICE OF AN ORDER FOR ANY PRODUCT, THIS MAY (IN OUR SOLE DISCRETION WITH OR WITHOUT NOTICE TO YOU) LEAD TO A SUSPENSION AND/OR TERMINATION OF YOUR ACCESS TO THE WEBSITE WITHOUT ANY PREJUDICE TO ANY CLAIMS FOR DAMAGES OR OTHERWISE THAT WE MAY HAVE AGAINST YOU.
    4. At any time, you can choose to stop using the Website, with or without notice to us.
  15. Governing Law and Jurisdiction
    1. These Terms and Conditions and our relationship and/or any dispute arising from or in connection with these Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.
    2. In the event of any dispute arising between you and us for the sale of Products, you agree that the sale occurs in KwaZulu-Natal and you hereby consent to the  jurisdiction of the Durban Magistrate’s Court having jurisdiction by virtue of section 28 and/or 45  of the Magistrate’s Court Act 32 of 1944, as amended or replaced from time to time, for the determination of any claim which you or we may have and which would otherwise be beyond the jurisdiction of a Magistrate’s Court because of the amount of the claim.  Despite such consent, we shall be entitled, at our discretion, to institute legal proceedings in any other forum or court of competent jurisdiction.
    3. Nothing in this clause or these Terms and Conditions limits your or our right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
  16. Notices
    1. Except as explicitly stated otherwise, any notices shall be given by email to complaints@dressyomo.co.za in respect of Yomo or to the e-mail address you have provided to us (in your case) and/or recorded under your user account information, or such other address that has been specified. Notice shall be deemed given 48 (forty-eight) hours after an email is sent, unless the sending party is notified that the email address is invalid. 
    2. Alternatively, we may give you notice by registered mail, postage prepaid and return receipt requested, to the address which you have provided to us. In such case, notice shall be deemed given 7 days after the date of mailing. 
    3. You acknowledge that all agreements, notices or other communication required to be given in terms of the law or these Terms and Conditions may be given via electronic means and that such communications shall be “in writing”. 
    4. Notwithstanding anything to the contrary, a written notice or communication actually received by you shall be an adequate written notice or communication to you, notwithstanding that it was not sent to or delivered at your chosen addresses for that purpose in terms of this clause.
  17. Complaints
    1. If you have a complaint about the Products or Website, or have a question on our complaints and disputes procedure, please email us at complaints@dressyomo.co.za  with full details of your complaint. Please allow us 5 Business Days to process your complaint and provide a response. For queries on returns and exchanges, please refer to our Returns Policy.
    2. If we are unable to resolve your complaint, or you are unsatisfied with our process, you can approach the Consumer Goods and Services Ombud (“CGSO”) to assist in resolving the complaint. The CGSO’s contact details are:  
      1. Website:  http://www.cgso.org.za     
      2. Email: info@cgso.org.za  
      3. Direct Tel : +27 (0) 11 781-2607
  18. Disclosures required by the ECTA
    1. Access to and transacting on the Website are classified as “electronic transactions” in terms of the ECTA and therefore You have the rights detailed in Chapter VII of the ECTA, subject to certain exclusions. We have the duty to the disclose the following information:
      Our full name and legal status: Chic On Repeat Pty Ltd, Registration Number 2024/603849/07, trading as “Yomo”
      Physical address for receipt of legal service (also postal and street address):

      1st Floor Pharos House

      70 Buckingham Terrace,

      Westville,

      Durban,

      3629

      Main business: Online retailer of clothing, including occasion wear
      Website address: www.dressyomo.co.za
      Official email address: info@dressyomo.co.za
      Governing Terms and Conditions: These Terms and Conditions.
      Officer Bearers: Director:  Pearl Sokhulu-Metz
      Cooling off period: Not applicable and excluded in terms of section 42(f) of ECTA
      Complaints process: See clause above.
  19. FORCE MAJEURE
    1. Neither you nor us (an “Affected Party”) shall be liable for non-performance or improper performance of your or our obligations under these Terms and Conditions provided that the non-performance or improper performance of obligations is due to the occurrence of unforeseeable and unavoidable events beyond the Affected Party’s control (“Force Majeure”). The Force Majeure events referred to in the above sentence shall include:
    2. war and other armed or similar activities, invasion, mobilization, embargo, nuclear explosion, radioactive contamination, revolt, revolution, insurrection, coup d’état or civil war, riot, civil unrest, terrorist attacks;
    3. natural disaster, flood, hurricane, earthquake, storm, fire;
    4. epidemic and pandemic states, lockdowns, disturbances of collective life, including strikes and riots, official/governmental actions;
    5. other events that are impossible to foresee, which are imminent and serious in their consequences.
    6. Inability to pay due to lack of funds shall in no circumstances constitute a Force Majeure event.
    7. The occurrence of such events relieves the Affected Party from meeting its obligations under the concluded Agreements for the duration of the disruption and to the extent of its impact. Any Agreement deadline to perform a certain action shall be extended by the period during which the Affected Party is prevented from the performance of its contractual obligations on account of the Force Majeure event.
    8. The Affected Party undertakes to notify the other party about the existence of such Force Majeure event immediately, within the shortest possible period of time, but in any case within 20 (twenty) Business Days from the day of occurrence of the Force Majeure event, and to provide any details about its ability to resume performance on the terms and conditions laid down in the Agreement and to do everything in its power to fulfill its obligations based on the principle of good faith, as much as the conditions of the situation will allow.
    9. If the performance of the agreement is suspended on account of the occurrence of Force Majeure event, we shall be entitled to compensation for any reasonable and necessary expenses incurred prior to the suspension, in particular where the Products have been created or partially created, or materials sourced on the instructions of Yomo.
  20. General
    1. We may, in our sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
    2. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
    3. Any failure on your or our part to enforce any right in terms of these Terms and Conditions shall not constitute a waiver of that right.
    4. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
    5. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
    6. These Terms and Conditions contain the whole agreement between you and us and no other warranty or undertaking is valid, unless contained in this document between the parties.