Terms of service

This document, along with any referenced documents, outlines the Terms and Conditions that govern the use of this website and the purchase of items from this website (hereafter referred to as the “Terms”). We urge you to read these Terms and our Data Protection Policies before using this website.

By accessing this website or placing an order through it, you agree to be bound by these Terms and our Data Protection Policies. If you disagree with any part of the Terms and the Data Protection Policies, please refrain from using this website. These Terms and the Data Protection Policies are subject to change. It is your responsibility to regularly review them, as the Terms and the Data Protection Policies in effect at the time of your use of this website or at the time of the Contract formation (as defined below) will apply.

When you purchase any product from this website, you enter into a contract with us under the following terms:

1. OUR DETAILS

Sale of products through this website is carried out by Habit Company Limited, a Mauritian company with the Company Registration Number: C06005326. The company, as appropriate, will be referred hereinafter as "us"/"we"/"our"/"Habit". You may contact our customer service department by email office@habit.mu

2. YOUR INFORMATION AND YOUR VISITS TO THIS WEBSITE

The personal details you provide us with will be processed in accordance with the Data Protection Policies. By using this website, you consent to the processing of such information and confirm that all the information you have provided us with is accurate and complete.

3. USAGE OF OUR WEBSITE

By accessing this website and/or placing any order through it, you agree:

  1. To use the website solely for making legitimate inquiries or orders.
  2. Not to place any speculative, false, or fraudulent orders. If we reasonably believe that such an order has been placed, we reserve the right to cancel the order and notify the appropriate authorities.
  3. To provide us with accurate email and/or other contact details and acknowledge that we may use these details to contact you if necessary (refer to our Data Protection Policies). If you fail to provide all the information we require, we may not be able to fulfil your order. 

4. SERVICE AVAILABILITY

Products purchased on this website are only available for delivery or pick up in store in Mauritius and Rodrigues.

For international deliveries, the steps are as per the below:

  1. Contact us with the details of the item(s) you wish to purchase, including the product name, size and colour along with your delivery address.
  2. We will confirm the total cost of your order including shipping, along with any applicable customs duties and insurance charges.
  3. If you decide to go ahead with the order, we will share information about the available payment methods for you to complete the transaction. 
  4. Once we have received the payment and it has been cleared your order will be shipped.

5. CONTRACT FORMATION

The information contained in the Terms and the details on this website do not constitute a sales offer, but an invitation to treat. No contract for any items will exist between us and you until we have expressly accepted your order, regardless of whether funds have been deducted from your account. If we do not accept your offer and funds have been deducted, these will be fully refunded. To place an order, you must follow the online shopping process and make payment via the online payment gateway. You will then receive an email from us confirming receipt of your order (the “Order Confirmation”). The contract will only apply to those items whose dispatch we have confirmed in the Order Confirmation. We are not obligated to supply any other items that may have been part of your order until the dispatch of those items has been confirmed in a separate Order Confirmation.

6. ITEM AVAILABILITY

All item orders are subject to availability. In this regard, if there are supply difficulties or if items are no longer in stock, we reserve the right to provide you with information about substitute items of equal or higher quality and value for you to order. If you do not want to order the substitute items, we will refund any amount you may have paid.

7. ORDER REJECTION

We hold the right to remove any items from this website at any time and/or modify or delete any content or materials on this website. While we strive to process all orders submitted to us, there may be unique or exceptional circumstances that necessitate the refusal to process or accept an order after we have received it or sent you an Order Confirmation, which we reserve the right to do at any time. We will not be held accountable to you or any other third party due to our removal of any item from this website, modification or deletion of any materials or content on this website, or for refusing to process or accept an order after we have received it or sent you an Order Confirmation.

8. PRICE AND PAYMENT

While we strive to ensure that all prices on this website are correct, errors may occur. If we discover a mistake in the price of items you have ordered, we will notify you as soon as possible and give you the choice of reconfirming the order at the correct price or cancelling it. If we are unable to reach you, the order will be considered cancelled and if you have already paid for the items you will receive a full refund. We are not obligated to provide the items to you at the incorrect (lower) price (even after we have sent you an Order Confirmation) if the pricing error is blatant and unmistakable and could have reasonably been recognized by you as a pricing error.

The prices on this website include VAT but do not include delivery costs, which will be added to the total amount due. Prices are subject to change at any time, but (other than as set out above) changes will not affect orders for which we have already sent you an Order Confirmation. Therefore, except as provided above, price adjustments on previous orders are not allowed.

Once you have completed shopping, all the items you wish to purchase are added to your basket and your next step will be to proceed to the checkout process and make payment. To do this, you must follow the steps of the purchase process, filling in or verifying the information requested in each step. Throughout the purchase process, before payment, you can modify the details of your order.

Payment can be made by Visas and Mastercard.

If you create an account a record of all the orders placed by you will be available in the “My Account” area.

9. DELIVERY

Subject to availability (refer to Clause 5 above), and any exceptional circumstances, we aim to fulfill your order within four working days from the date of the Order Confirmation. If we fail to deliver the items within fourteen days from the date of the Order Confirmation, you may cancel the Contract and we will refund you the price paid for the items and any delivery costs incurred. 

If our supply of the items is delayed by an event beyond our control, we will contact you as soon as possible to inform you, and we will take steps to minimize the effect of the delay. At any rate we will not be liable for delays caused by the event, but if there is a risk of significant delay you may contact us to terminate the Contract and receive a refund for any items you have paid for but not received. 

For the purpose of these Terms, “delivery” or “delivered” is considered to have taken place when you or a third party nominated by you takes physical possession of the items, which will be evidenced by the signing for receipt of the items at the agreed delivery address.

10. PICK UP IN STORE

If you have chosen the free of charge pick-up option, we will contact you when your order is ready for collection at the store.

Save and except any exceptional circumstances, we aim to fulfill your order within four working days of the date of the Order Confirmation. If we fail to deliver the items within fourteen days from the date of the Order Confirmation, you may cancel the Contract and we will refund you the price paid for the items and any delivery costs incurred.

You can pick up the order by presenting at the store the Order Confirmation sent to you by email, it can be printed or shown from your mobile, together with a proof of identity. 

You can appoint someone else to pick up the order on your behalf. We must be provided with the persons details before they go to the store. To pick up the order they must present the Order Confirmation sent to you by email, it can be printed or shown from their mobile, together with a proof of identity. 

For the purpose of these Terms, “delivery” or “delivered” is considered to have taken place when you or a third party nominated by you takes physical possession of the items, which will be evidenced by the signing of a receipt of the items.

11. FAILURE TO DELIVER

If we are unable to deliver, your items will be returned to our depot. Your item will be available at one of our Habit stores for pick-up. Our customer service will inform you of the date and store location where you can collect your items. 

If after 30 days from the date your order is available for delivery, the order could not be delivered for reasons not attributable to us, we will assume that you wish to cancel the Contract and it will be terminated. As a result of the termination of the Contract, we will return to you all payments received from you, excluding the delivery fee (if you have chosen the home delivery service) without any undue delay, and at any rate, within 30 days of the date on which this Contract has been terminated.

12. OWNERSHIP AND RISK

The Items will be at your risk from the time of delivery or pick up in store.

Ownership of the items will only pass to you when we receive full payment of all sums due in respect of the items, including delivery charges, or upon delivery (as defined in Clause 7) or upon pick up in store (as defined in Clause 9), whichever is the later.

13. VALUE ADDED TAX

All purchases made through this website are subject to the statutory Value Added Tax (VAT). The prices displayed on this website include VAT.

14. RETURNS POLICY

Items purchased through this website can be returned, subject to the below points, to any Habit store. Along with the items being returned you must provide proof of purchase - for example, a copy of your Order Confirmation. DO WE WANT TO ALLOW PEOPLE TO RETURN ITEMS BY POST AT THEIR OWN COST?

  1. We accept returns no later than 14 business working days from the date of delivery or pick-up in store.
  2. Items can be exchanged or a credit note issued. Credit notes are valid for 90 days.
  3. Items that are damaged, soiled, washed, used, altered or worn cannot be returned.
  4. Items that have had the Habit swing tags removed cannot be returned.
  5. Discounted or sale items cannot be returned.
  6. Sealed items that are unsuitable for return due to health protection and hygiene reasons e.g. underwear or swimwear cannot be returned.

Exchanges for a change of size

If you decide that any Habit item that you have purchased is the wrong size, you can where an alternative is available, request a change in its size.

You must present, as well as the original item, proof of purchase for example the Order Confirmation to any Habit store. The return for as change in size must be completed within 14 days of the item being delivered or picked up in store. 

Return of defective items

If an item that you have received is defective, please notify us via office@habit.mu providing pictures of the defective item.

If the pictures show a defect, we will arrange for you to return the item to a Habit store for further inspection. A final decision will be reached within 7 working days of it being returned. If the item is deemed to be defective, we will refund or provide a credit note or allow an exchange or a combination of these. If we refund we will also refund the delivery fee.

Return of non – Habit items

You are responsible for checking the contents of any packages before you return them to us.

We are not responsible for the care or return of the contents of any packages which are erroneously returned to us (which included any products provided by other retailers) (“Mistaken Returns”).

We may (but are not required to) contact you to inform you that you have made a Mistaken Return.

We will store any Mistaken Returns which we receive for a period of 14 days from the date we receive them. If you have not contacted us regarding the Mistaken Return within this time, we will presume that the relevant contents have been abandoned. We reserve the right to destroy any such Mistaken Returns without notice to you.

We do not promise that we will be able to locate all Mistaken Returns we receive.

If we are able to locate a Mistaken Return, we will take reasonable measures to return the relevant contents to you, but reserve the right to first require you to reimburse us for our reasonable costs in processing, storing and returning those contents to you.

15. INTELLECTUAL PROPERTY RIGHTS

You acknowledge and agree that all copyright, trademarks, and all other intellectual property rights in all material or content provided as part of this website shall remain at all times vested in us or our licensors. You are allowed to use this material only as expressly authorized by us or our licensors. This does not prevent you from using this website to the extent necessary to make a copy of any order or Contract details.

16. CYBERSECURITY

You are prohibited from misusing this website by knowingly introducing viruses, trojans, worms, logic bombs, or other material which are malicious or technologically harmful. You will not attempt to gain unauthorized access to this website, the server on which this site is stored, or any other server, computer, or database connected to our website. You agree not to attack this website via a denial of service attack or a distributed denial of service attack. By violating this provision, you may be committing a criminal offence under applicable regulations. We will report any such violation to the relevant law enforcement authority and we will cooperate with the appropriate authority to disclose the identity of the hacker. Likewise, in the event of such a violation, your right to use this website will cease immediately. We will use reasonable care and skill to ensure that this website is safe, secure, and free from bugs, viruses, and other defects.

17. EXTERNAL LINKS

We may provide links from our website to other third-party websites and materials; such links are provided solely for informational purposes and we do not have any control whatsoever over the contents of such websites or materials. Accordingly, we accept no liability whatsoever for any loss or damage which may arise from the use of such links.

18. ASSIGNMENT OF RIGHTS AND OBLIGATIONS

The Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge, or otherwise dispose of the Contract, or any of your rights or obligations arising under it (aside from our guarantee), without our prior written consent.

We may transfer, assign, charge, sub-contract, or otherwise dispose of the Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. For the avoidance of doubt, any such transfer, assignment, charge, or other disposition will not affect your statutory rights as a consumer or your rights under the Contract. Such disposition shall also not cancel, reduce, or otherwise limit any warranty or guarantee which may have been provided by us to you, whether express or implied.

19. CIRCUMSTANCES BEYOND OUR CONTROL

We will not be held accountable or responsible for any failure to fulfill, or delay in fulfilling, any of our obligations under the Contract that is caused by events beyond our reasonable control. An event beyond our control includes any act, event, non-occurrence, omission, or accident beyond our reasonable control and includes in particular (without limitation) the following:

  1. Strikes, lock-outs, or other industrial disputes.
  2. Civil unrest, riot, invasion, terrorist threat or attack, war (whether declared or not) or threat or preparation for war.
  3. Fire, explosion, cyclone, storm, flood, earthquake, subsidence, epidemic, or other natural disasters. 
  4. Inability to use railways, shipping, aircraft, motor transport, or other means of public or private transport. 
  5. Inability to use public or private telecommunications networks.
  6. The acts, decrees, legislation, regulations, or restrictions of any government.
  7. Any shipping or other relevant transport strike, failure, or accidents.

Our performance, under such circumstance beyond our control, under any Contract is considered to be suspended for the period that any event beyond our control continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to end the event beyond our control or to find a solution by which our obligations under the Contract may be fulfilled. if possible, despite the event beyond our control.

    20. WAIVER

    If we fail, at any time during the term of the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default arising from the Contract or the Terms. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the paragraph on Notices above.

    21. SEVERABILITY

    If any of these Terms or any provisions of the Contract are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition, or provision will to that extent be severed from the remaining terms, conditions, and provisions which will continue to be valid to the fullest extent permitted by law.

    22. OUR RIGHT TO MODIFY THESE TERMS

    We reserve the right to revise and amend these Terms from time to time without prior notice. You will be subject to the policies and Terms in force at the time that you use this website or order items from us, unless any change to those policies, Terms, or Privacy Statement is required to be made by law or governmental authority, in which case, any potential changes will also apply to orders previously placed by you.

    23. GOVERNING LAW AND JURISDICTION

    The use of our website and the Contracts for the purchase of items through such website will be governed by the law of Mauritius.

    24. FEEDBACK

    Please send all feedback and comments to us via office@habit.mu

     

    Last updated: 18 April 2024