Terms and Conditions
Introduction
The Foot Fashion online shop can be accessed at www.footfashion.co.za, related mobile sites and applications (“the site”). The site enables buyers to shop for shoes by selected international brands (“the products”) online and have them delivered door-to-door within South Africa. All visitors to the site (“users” or “you”) will be able to see the shoes on offer, but only those who have registered for an account on Foot Fashion (“account holders” or “you”) are able to buy.
All users and account holders, including those that buy from the site (“buyers”) are bound by these terms and conditions (“T&Cs”). By registering, or using the site at all, you recognise that you’ve read, accepted and agreed to be bound by these T&Cs. Should there be any clause in these T&Cs that you do not understand, the onus is on you to ask Foot Fashion to please explain the relevant clause to you before you accept the T&Cs by using or buying from the site.
The site is owned and run by Foot Fashion, (herein after referred to as “Foot Fashion”). More information about Spree is available at the end of these terms and conditions.
Please note that the stock of all items on offer is limited. Foot Fashion will make all reasonable attempts to ensure that special offers are brought to an end when stock runs out. If it happens that Foot Fashion is unable to fulfill any order at the advertised price because stock is sold out, Foot Fashion will inform you via email and you’ll be entitled to a reimbursement for the rand value you have paid for Such product. Please note, the Foot Fashion Delivery and Returns policy is incorporated by reference and therefore forms part of these T&Cs.
Buying Products
1. The site allows you, the user, to place electronic orders (“order”) for one or more products on offer as long as Such products are available and not sold out.
2. A purchasing contract (“sale”) between you and Foot Fashion only comes into effect once you have fully completed AND submitted the online order form for one or more products in your shopping cart (“cart”) AND your payment has been authorised by Foot Fashion (or has been received into Foot Fashion’s bank account).
3. The above is dependent on the product being available.
4. Products on Foot Fashion cannot be reserved to be bought at a later stage, and placing an item in your cart without completing the order does not amount to a “sale”.
5. This means that Foot Fashion may remove any product(s) from your cart before the sale actually takes place, in the event of the product going out of stock.
6. Foot Fashion cannot be held responsible if the product(s) you added to your cart have become unavailable when you try to complete the sale.
7. An invoice will be emailed to the email address on your Foot Fashion profile. A delivery note will be included with your order – please note that no prices are visible on the delivery note.
Cancelling and ending orders
1. Foot Fashion reserves the right to refuse processing of payment for any order and/or to cancel any purchase, partially or completely, with notice given to you.
2. Foot Fashion will be liable for reimbursing you the rand value paid only if you have already paid for the cancelled order.
Fraud
1. Foot Fashion reserves the right, in the interest of preventing fraud, to refuse the processing of payment for any order and/or to cancel any purchase, partially or completely.
2. Foot Fashion may request documentation to complete the necessary fraud checks and cancel any order where the necessary documentation is not provided in a timely manner.
3. Foot Fashion does not provide order details relating to orders suspected of fraud.
Product Pricing
The price of each product is given on the product information page (“the product page”) on the site.
1. The Regular Retail Price (“RRP”) is the standard price that Foot Fashion charges for the product. The RRP is determined by considering the suppliers’ price and the current exchange rate.
2. When a product is not on sale, on special, or included in a discount promotion, the RRP is the price you will pay when you purchase the product (“purchase price”).
3. Please note that RRPs can change over the course of several seasons over which the product may be sold. The RRPs applicable at the time the product is introduced may differ from the RRP at the time of your purchase.
4. When Foot Fashion has a product on sale, the discount price is shown on the product’s product page, as well as the Regular Retail Price (“RRP”). The discount price will be shown in gold and the RRP will be shown below it – but will be crossed out. The discount savings you are receiving is also shown on the left of the product page.
5. When a discount price is shown on the product page, the discount price is the price you will pay when you add the product to your cart at the discounted price, and conclude the sale at the discounted price i.e. the purchase price.
6. Every reasonable effort will be made to ensure that the RRP and, if applicable, the Discount Price of all products on Foot Fashion are correct at the time of your purchase. If, however, the product is offered at an erroneous price, Foot Fashion will not be obliged to supply the said product at the incorrect price.
7. Foot Fashion will only be liable to return payment already made by you in the case you choose to cancel the sale once you have been made aware of the correct price.
Delivery Fees
1. Foot Fashion delivers all products, throughout South Africa at a flat delivery cost.
2. Foot Fashion delivers door-to-door using Speed Services Couriers or The Courier Guy.
3. Foot Fashion delivers to postal addresses using Speed Services Couriers.
Making a payment
1. Please note, when selecting to pay by EFT, you have 48 hours post placing your order to make the payment.
2. When making your payment, please be sure to use your order number as your reference. This will ensure that Foot Fashion can process your order as quickly as possible.
3. Foot Fashion will start processing your order as soon as your bank forwards the payment to Foot Fashion. Depending on the bank, it can take up to 3 days from the time you make the payment (which has to be done a maximum of 48 hours after placing the order) to when it appears in our bank account.
4. Foot Fashion will only start processing the order once your bank forwards your payment to us, but depending on the bank it can take up to 3 days.
5. The delivery lead time as specified on the site only starts once Foot Fashion has received the payment from your bank.
Delivery
1. The Foot Fashion delivery policy (shown separately) informs your rights in this regard.
Returns
1. The Foot Fashion returns policy (shown separately) informs your rights in this regard.
Sales records
Complete records of each transaction between you and Foot Fashion are kept on the site. You’ll be able to view and print out these records.
Competitions and Promotions
Newsletter Sign-up Coupon
1. Foot Fashion customers do not have the right to newsletter vouchers and cannot earn them.
2. The R100 Foot Fashion newsletter coupon is issued once – when the subscriber signs up to the Foot Fashion Newsletters for the first time.
4. The R100 newsletter coupon can only be used once per Foot Fashion account holder, and cannot be used in conjunction with any other Foot Fashion offer or promotional coupon.
5. The R100 coupon is valid for 30-days from the date of issue.
6. To claim your R100 coupon, visit www.footfashion.co.za and add items to your cart. Enter the coupon code in the coupon code box at Checkout.
7. Newsletter coupons which have passed their expiry date will not be reinstated.
8. Signing up to the Foot Fashion newsletter multiple times, with multiple email addresses, in order to secure additional R100 newsletter coupons is abuse of the benefit and is tantamount to stealing. Perpetrators will be dealt with accordingly.
9. Creation of multiple Foot Fashion accounts, with different email addresses, in order to utilize the coupon on multiple occasions, is abuse of the benefit and Foot Fashion reserves the right to not release these orders.
Gift Vouchers
Electronic gift vouchers can be purchased on the Foot Fashion website. Foot Fashion gift vouchers can only be redeemed while they are valid. Their expiry dates cannot be extended.
Vouchers cannot be:
1. used to purchase other Gift Vouchers;
2. exchanged for cash
General terms of Foot Fashion gift vouchers:
1. Gift voucher value can be set by you, to any value between R50 and R10 000.
2. The chosen value must be in Rands, no cent values are permitted.
3. You may use more than 1 gift voucher per transaction, should you wish to.
4. If a gift voucher Is used to purchase a cart that is of lower value than the voucher, the residual amount will be tied to the voucher code.
5. You can check the balance of a gift voucher within your user account section.
6. If you have a gift voucher, that voucher can be used by someone other than you and you can assign your rights to use that voucher. We assume no liability for the loss, theft or illegibility of gift vouchers.
7. You may purchase gift vouchers for use on the Site by yourself or as a gift. These gift vouchers will be sent to you or your chosen recipient via email.
8. Gift vouchers cannot be used to buy further gift vouchers.
9. The credit of a gift voucher does not accrue interest nor does it have a cash value.
10. Gift vouchers are not refundable for cash once purchased.
11. If the credit of a gift voucher is insufficient for the Order you wish to make, you may make up the difference through an EFT payment.
Security
1. Anyone downloading or trying to download malware or damaging coding on this site, or who tries to gain unauthorised access to any page on this site, will be prosecuted.
2. Foot Fashion will claim civil damages from Such person if Foot Fashion suffers any damage or loss.
3. You agree and guarantee that the username and password you use to log in is for your personal use only, and will not be passed on to any third party.
4. You allow Foot Fashion to take all steps reasonably possible to ensure the integrity and security of the site and in the administrative office.
Indemnity
Foot Fashion is responsible for adhering to the Consumer Protection Act 68 of 2008 (“CPA”) with the sale of any products from the site. Similarly, Foot Fashion is responsible for adhering to articles 43(5) and 43(6) of the Electronic Communication and Transactions Act in terms of payment systems and security.
However, neither Foot Fashion nor any of its representatives will be held responsible for any loss or accountability of any kind that arises from the use of (or inability to use) this site, its services or content.
Furthermore, Foot Fashion provides no guarantee, implied or otherwise, that the content or technology attached to this website is free or errors or omissions. Nor is there any guarantee whatsoever that service will be 100% uninterrupted or faultless. We encourage you to report any possible malfunctions and errors by emailing admin@footfashion.co.za.
Otherwise call our office at +27 (0) 11 837 9317 (Monday to Wednesday, 07:00 to 16:00; Thursday, 07:00 to 15:00 and Fridays, 07:00 to 12:00).
Although the products on the site may be under guarantee, the site itself is offered on an “as it is” basis and is not set up or delivered according to your individual specifications.
It is your responsibility, before accepting these T&Cs, to determine whether the service available through this website satisfies your individual needs and is compatible with your hardware or software. Information, ideas and opinions expressed on this web site should not be regarded as professional advice, or as Foot Fashion’s official stance.
We encourage you to obtain professional advice before taking any action on the strength of information, ideas or opinions expressed on this site.
Applicable Laws
1. This site is offered, controlled and run from the Republic of South Africa. As Such it is governed by South African legislation, and subject to the disputes clause in these T&Cs.
2. You and Foot Fashion are subject to the non-exclusive jurisdiction of the South African courts. Each and every section of these terms and conditions must be read as individual and separable from the rest of the terms and conditions.
3. Should any court or qualified authority find that any of the terms are invalid or unenforceable, the remainder of the terms and conditions will remain standing, despite invalidity or unenforceability of an individual term.
Privacy
Foot Fashion website visitors, subscribers, registered account holders and shoppers are subject to the Foot Fashion privacy policy.
Changes to Terms and Conditions
Foot Fashion may, at its own discretion, change these terms and conditions or any part thereof. As indicated in the T&Cs, it is the responsibility of the registered account holder or user to familiarise yourself with the T&Cs before using the site. By registering, or using the site at all, you recognise that you’ve read, accepted and agreed to be bound by these T&Cs.
Disputes
Barring urgent or interim legal help that may be granted by a court of law: In the event of any disputes of any kind between you and Foot Fashion, arising out of any situation catered for in these terms or conditions (or that arises out of these terms and conditions) and that cannot be resolved by the client service centre, the dispute may be presented for confidential arbitration.
Such arbitration will be handled according to the rules stipulated by the Arbitration Foundation of South Africa. These rules can be found here.
Legal notice address
Foot Fashion elects as address for all purposes regarding these terms and conditions, whether for legal notices or serving of other communication documents of any kind, the following address:
118 Industrial Road, Amalgam, Johannesburg, South Africa. Tel No: +27 (0) 11 837 9317
An electronic copy is to be sent to admin@footfashion.co.za (Such copy must be delivered in conjunction with physical copy for serving to be effected.)
Terms and Discontinuation
These terms and conditions take effect on the date of first publication of the website and continue indeterminately. They may be revised by Foot Fashion from time to time (as described above), for as long as the website continues to exist and be operated. Foot Fashion is entitled to terminate these terms and conditions or close down the website at any time, subject to processing any pending purchases.
If you don’t meet your obligations regarding these terms and conditions, including any incidents about payment and price or an order, and you neglect to rectify Such non-adherence within 5 working days after Foot Fashion has instructed you to do so, your access to the service will be blocked.
We have the right to close your account and deny you access to the site, depending on the severity of your actions. Such action on the part of Foot Fashion will not have any negative effect on any damages Foot Fashion may claim.
Copyright and other Intellectual Property
Any and all copyright relating to the website, including these terms and conditions, is held by Foot Fashion. All rights not expressly given are reserved. You may download, view and print content from this site only for private and non-commercial ends. To obtain permission for commercial use of any content from this site, please send an email admin@footfashion.co.za, or call our office: +27 (0) 11 837 9317.
Foot Fashion is unable to edit or screen all content on the site, and will not be held accountable for illegal, libelous or obscene content. We advise you to inform Foot Fashion of any offensive or illegal material.
All content, trademarks and data on this website, including but not limited to software, databases, text, graphics, icons, links, private information, designs and agreements, are the property of or under license of Foot Fashion. As Such they are protected by local and international legislation and agreements.
Electronic Communication
When you sign up for a Foot Fashion newsletter, opt into marketing communication, register an account, conclude a purchase, visit the site or send an email to admin@footfashion.co.za, you agree to get electronic communication from Foot Fashion.
Link, ‘Framing’, ‘Spiders’ and ‘Crawlers’
No person, business or website may be linked to any page on this site without prior written permission from Foot Fashion. Such permission can be obtained by sending an email to admin@footfashion.co.za or by calling our office at +27 (0) 11 837 9317.
Links to non-Foot Fashion sites given on this website are provided “voetstoots” and Foot Fashion does not necessarily agree with the content of Such sites, which Foot Fashion is unable to edit or underwrite.
No person, business or website may use any technology to glean information from this site without prior written permission from Foot Fashion. Such permission can be obtained by sending an email to admin@footfashion.co.za or by calling our office at +27 (0) 11 837 9317.
Corporate Information
The Electronic Communication and Transactions Act determines that when goods or services are provided via certain electronic transactions, the seller must make certain information public on the site where the goods or services are offered.
Foot Fashion information is as follows:
118 Industrial Road, Amalgam, Johannesburg, South Africa
Tel. +27 (0) 11 837 9317
Owner: Graham Dewar
Website: www.footfashion.co.za
Official email address: admin@footfashion.co.za