Terms of service
Last updated: 5 October 2026
This website, www.bensherman.co.za (the "Site"), is operated by Lucca Trading, trading as Ben Sherman South Africa ("Ben Sherman SA", "we", "us" or "our"), the licensed retailer of Ben Sherman products in South Africa, trading from 25 4th Avenue, Parkhurst, Johannesburg, 2193. You can reach us at info@bensherman.co.za or on 072 254 7081.
By browsing the Site or placing an order you agree to these Terms and Conditions (the "Terms"). Please read them together with our Refund & Exchange Policy, Shipping Policy and Privacy Policy, which form part of these Terms. These Terms are governed by the laws of the Republic of South Africa, including the Consumer Protection Act 68 of 2008 ("CPA"), the Electronic Communications and Transactions Act 25 of 2002 ("ECTA") and the Protection of Personal Information Act 4 of 2013 ("POPIA"). Nothing in these Terms takes away any right you have under those laws.
1. Using the Site
You may use the Site for lawful, personal shopping purposes only. You may not copy, scrape, resell or commercially exploit any part of the Site or its content, interfere with its operation or security, or use it to send unsolicited communications. We may suspend or refuse access to anyone who breaches these Terms.
2. Accounts
You do not need an account to place an order. If you create one, you are responsible for keeping your login details confidential and for all activity under your account. Please give us accurate contact and delivery details and keep them up to date.
3. Products, prices and availability
All prices are shown in South African Rand and include VAT at the current rate. Delivery charges are shown separately at checkout. We take care to describe and photograph products accurately, but colours may display differently on different screens (see our Colour & Image Disclaimer). Products are subject to availability. If a product you have ordered is out of stock we will tell you as soon as possible and offer an alternative, a credit or a full refund.
If a product is listed at an obviously incorrect price because of a typing or system error, we may cancel the order for that product and refund any amount paid, as permitted by the CPA.
4. Orders and acceptance
An order is an offer to buy. It is accepted only when we send you an order confirmation email and payment has been authorised. We may decline or cancel an order where payment cannot be confirmed, where stock is unavailable, where we suspect fraud, or where an order is placed in breach of these Terms; in each case any amount paid will be refunded.
5. Payment
We accept the payment methods shown at checkout, which currently include card and instant EFT payments and buy-now-pay-later services such as Payflex, PayJustNow and Float. Payments are processed by our payment providers; we do not store your card details. If you use a buy-now-pay-later service, that service's own terms apply to the instalment agreement between you and the provider.
6. Delivery and collection
We deliver throughout South Africa by courier and to selected countries as shown at checkout. Delivery times, charges and the free-delivery threshold are set out in our Shipping Policy and at checkout. Risk in the goods passes to you on delivery to the address you gave us, or on collection from our Parkhurst store. Please check your parcel on receipt and tell us within 48 hours if anything is damaged or missing.
Orders for collection are held at our Parkhurst store. If a collection order is not collected within 30 days we will contact you; uncollected orders may be cancelled and refunded, less any costs we are entitled to recover under the CPA.
7. Returns, exchanges and refunds
Our Refund & Exchange Policy explains how to return or exchange an item. In summary, full-price items that are unworn, with tags attached and in their original packaging may be returned or exchanged within 14 days of delivery; the first exchange on an order is free and further exchanges cost R150. Sale items cannot be exchanged or returned, other than under the 7-day cancellation right in section 44 of ECTA (the return courier is for your account). Defective items are covered by the CPA six-month implied warranty. Refunds are made to the original payment method. Your rights under section 44 of ECTA (cooling-off) and sections 55 and 56 of the CPA are not affected.
8. Promotions and discount codes
Discount codes and promotions are subject to the conditions stated when they are issued, apply to the products and period stated, cannot be exchanged for cash and, unless stated otherwise, cannot be combined with other offers. We may withdraw or correct a promotion at any time. Sale prices apply only for the sale period, and sale items carry the returns rule in section 7.
9. Intellectual property
Ben Sherman, the Ben Sherman script, the target logo and the house check are registered trade marks of Ben Sherman, used by Ben Sherman SA under licence. All content on the Site, including text, photographs, graphics, logos and layout, belongs to Ben Sherman SA or its licensors and is protected by copyright and trade mark law. You may not use any of it without our written permission other than to browse and shop.
10. Content you submit
If you submit reviews, comments, photographs or other content to the Site or our social channels, you confirm that you own it or have permission to share it, that it is accurate and lawful, and you grant us a non-exclusive, royalty-free licence to use it in connection with the Site and our marketing. We may remove content that we consider inappropriate.
11. Privacy and cookies
We process your personal information in line with POPIA and our Privacy Policy, which explains what we collect, why, who we share it with (for example our courier and payment partners) and how to exercise your rights. The Site uses cookies for the shopping cart, analytics and advertising; you can manage cookies in your browser settings.
12. Our liability
We are liable to you for direct loss caused by our breach of these Terms or by defective goods, to the extent required by the CPA. To the extent permitted by law, we are not liable for indirect or consequential loss, or for loss caused by events outside our reasonable control, by your breach of these Terms, or by information or links on third-party websites. Nothing in these Terms limits liability for death or personal injury caused by our negligence, or any other liability that cannot lawfully be limited.
13. Events beyond our control
We are not responsible for delays or failures caused by events beyond our reasonable control, such as courier disruptions, strikes, power or network outages, adverse weather or government action. We will tell you if an event of this kind affects your order and will do what we reasonably can to reduce the delay.
14. Changes to the Site and these Terms
We may change the Site, our products and prices, and these Terms from time to time. The Terms that apply to an order are the ones published on the Site when the order is placed. Continued use of the Site after a change means you accept the updated Terms.
15. Disputes
If you have a complaint, please contact us first at info@bensherman.co.za and we will try to resolve it promptly. If we cannot, you may refer the matter to the National Consumer Commission or the Consumer Goods and Services Ombud, or to a South African court with jurisdiction. These Terms are governed by South African law.
16. General
If any part of these Terms is found to be unenforceable, the rest remains in force. Our failure to enforce a right does not waive it. These Terms, together with the policies referred to above and your order confirmation, are the whole agreement between you and us for your use of the Site and any order you place on it.
17. Contact and business details
Lucca Trading, trading as Ben Sherman South Africa
25 4th Avenue, Parkhurst, Johannesburg, 2193
Email: info@bensherman.co.za
Phone / WhatsApp: 072 254 7081
Store hours: Monday to Saturday 09:00–18:00; Sundays and public holidays 09:00–15:00
