SOMERSAND — TERMS & CONDITIONS

Last updated: June 2026

1. Introduction

Welcome to Somersand. By accessing or using our website (somersand.myshopify.com), participating in our auctions, or purchasing any of our garments, you agree to be bound by the Terms & Conditions set forth below.

These terms exist to govern the unique relationship between Somersand, our community, and our customers. They protect the integrity of our creative releases, our artists, and ensure a secure, transparent, and premium experience for everyone. If you do not agree to these terms, you may not access our platform or participate in our releases.

2. Who We Are

Somersand is an independent, South African designer apparel brand operating out of Kempton Park, Gauteng. We sit at the intersection of digital culture and high-end physical design, commissioning original human artists to transform community-driven concepts into ultra-limited, numbered garments and 1-of-1 physical masterpieces.

3. Intellectual Property & Original Art

All content on this platform, including but not limited to garment designs, graphics, structural silhouettes, embroidery patterns, text, photographs, logos, and digital assets, is the exclusive intellectual property of Somersand and our collaborating artists.

• No Replication: You are strictly prohibited from copying, reproducing, modifying, commercializing, or distributing any part of our designs or brand content without express, written permission from Somersand.

• Artistic Integrity: Our garments are treated as physical canvases. Any attempt to counterfeit or replicate Somersand releases for resale or mass manufacturing will be met with immediate legal action.

4. The Release Model: Limited Drops & Live Auctions

Somersand operates on a strict model of scarcity. Products are released via two primary methods: Limited Commercial Drops and Live Auctions.

• Limited Drops: These are commercial, highly limited numbered copies close to the original concept artwork. Adding an item to your cart does not reserve it; an order is only secured once payment is successfully finalized at checkout.

• Live Auctions: Original, 1-of-1 physical masterpieces are sold via an auction format.

• Binding Bids: By placing a bid in a Somersand auction, you enter a legally binding contract to purchase the item at that price if you are the winning bidder.

• Defaulting on Bids: If a winning bidder fails to complete payment within the specified timeframe, Somersand reserves the right to permanently ban the user account from future releases, award the item to the runner-up, or re-list the piece.

5. Product Representation & Sizing

Because our garments feature complex, original human-created artwork, deconstructed elements, and specialized textiles, specific variations may occur.

• Visual Accuracy: We shoot our products professionally to represent colors, textures, and fits as accurately as possible. However, exact appearances may vary slightly due to digital display settings, studio lighting, or the organic nature of specific artistic treatments.

• Sizing Guides: Detailed sizing measurements are provided for each garment release. It is the responsibility of the customer to review these measurements before purchase, as our limited quantities severely restrict our ability to offer size exchanges.

6. Orders, Pricing & Payments

• Price Adjustments: Prices for our garments are subject to change without notice.

• Order Discretion: We reserve the right to refuse, limit, or cancel any order placed with us. We may, at our sole discretion, limit quantities purchased per person, per household, or per order.

• Cancellation Rights: If we suspect fraudulent activity, bot intervention to bypass drop limits, or if a pricing error occurs, we reserve the right to cancel the order and issue a full refund to the original payment method.

7. Shipping, Logistics & Delivery

All orders are processed and shipped securely from our headquarters in Kempton Park, Gauteng.

• Fulfillment Timelines: While we aim to dispatch limited drop orders swiftly, delivery timelines may vary based on high order volumes, specialized packaging requirements for high-value items, or courier constraints.

• Courier Liability: Once a package is handed over to our designated courier network and tracking information is issued, Somersand cannot be held directly liable for transit delays, regional disruptions, or courier errors. However, we will actively assist you in tracking and resolving any logistical disputes.

8. Returns, Refunds & Exchanges

Due to the ultra-limited, scarce nature of our drops and the curated structure of our auctions, our return policy is strictly enforced.

• Final Sale: All auction wins (1-of-1 physical masterpieces) and limited-edition drop purchases are final sale. We do not accept returns, refunds, or exchanges for a change of mind, incorrect size selection, or buyer's remorse.

• Defective or Damaged Items: In the exceptional event that a garment arrives damaged or structurally defective, you must contact us at support@somersand.co.za within 7 days of delivery. The item must remain unworn, unwashed, and in its original premium packaging with all tags attached to qualify for an assessment. Approved defects will be resolved via repair, replacement (if stock permits), or a full refund.

9. Limitation of Liability

Somersand, our directors, and our collaborating artists shall not be held liable for any indirect, incidental, or consequential damages resulting from the use of our website, the wearing or misuse of our apparel, or the inability to secure a product during a limited drop. Our maximum financial liability to you is strictly limited to the exact purchase price of the product in dispute.

10. Platform Use & Restrictions

You agree to use this website purely for legitimate browsing, purchasing, and community participation. You are entirely prohibited from using automated scripts, bots, or external software to gain an unfair advantage during drops, scraping data from our site, or attempting to compromise platform security. Violation of this clause results in an immediate, permanent ban from The Somer.

11. Privacy & Data Protection

Your privacy is paramount. Any personal data shared with Somersand is strictly used to fulfill orders, process secure payments, and communicate exclusive drop details via our community channels. We do not sell, trade, or share your data with external third parties, saving for necessary logistics partners (couriers) required to deliver your order.

12. Amendments to Terms

We reserve the right to update, modify, or replace any part of these Terms & Conditions at any given moment to reflect shifting operational or legal requirements. The most current version will always be publicly hosted on this page. It is the customer's responsibility to review these terms periodically; continued use of the platform following updates constitutes absolute acceptance of those changes.

13. Contact & Support

For all inquiries regarding drops, auction rules, or order support, contact our team:

• Email: support@somersand.co.za

• Operations: Kempton Park, Gauteng, South Africa