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Terms & Conditions

Introduction

This website can be accessed at www.footgear.co.za ("the Website").

These Website Terms and Conditions ("Terms") governs the advertising and sale of an extensive range of services, goods and products including apparel, footwear, and all items found in a Footgear store ("Products") as may be offered by Footgear on the Website from time to time.

These Terms are binding and applies to every person that accesses or uses the Website or registers as a user ("you" or "your"). By using the Website and/or by clicking on the "Register" button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms.

If there is any provision in these Terms that you do not understand, it is your responsibility to ask Footgear to explain it to you before you accept the Terms or continue using the Website. Footgear permits the use of this Website subject to these Terms. By using the Website in any way, you shall be deemed to have accepted all the Terms unconditionally. You must not use this Website if you do not agree to the Terms.

Important Notice

These Terms apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 ("the CPA") and contain provisions that appear in similar text and style to this clause and which

  • may limit the risk or liability of Footgear or a third party; and/or
  • may create risk or liability for you; and/or
  • may compel you to indemnify Footgear or a third party; and/or
  • serves as an acknowledgement, by you, of a fact.

Your attention is drawn to these Terms because they are important and should be carefully noted. Nothing in these Terms 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 Footgear in terms of the CPA.

Acceptance of these Terms

By accessing and/or using the Website, you agree to be bound by the Terms.

Footgear may at any time modify any of the Terms and such modification will supersede and replace any previous terms. The amended terms will be made available on the Website and each time that you access the Website and/or use the Products or services offered via the Website, you agree to be bound by the Terms, as may be modified from time to time.

Content of the Website

Whilst every effort is made to update the information provided on the Website on a regular basis, Footgear makes no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of any information, data and/or content on the Website from time to time. Footgear reserves the right at any time to change or discontinue without notice, any aspect or feature of the Website and any information, data and/or content on the Website.

Typographical Errors

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit card account in the amount of the charge.

Registration and Use of Website

Only registered users may purchase Products on the Website

If you use the “quick” / “Guest Checkout” functionality, you will be required to register at the conclusion of the checkout process by supplying a personal password (“password”)

Before purchasing any products via the Website, you will be obliged to enter your user name or and personal password ("password") or other unique identifying information. Jointly we refer to the username and password and other unique identifying information as your "Access Codes".

You undertake and warrant to ensure that your Access Codes are not disclosed to any third party and to immediately report any actual or potential unauthorised access to or use of your Access Codes.

On receipt of such notice from you, Footgear reserves the right to reject any communication received from your profile, suspend the processing of any communications and orders not yet executed by Footgear and immediately deactivate your Access Codes. You shall thereafter be obliged to refrain from ordering any products until such time as new Access Codes have been authorised by Footgear.

Footgear may from time to time require you to change your Access Codes, as the case may be, and you undertake to comply with such instruction immediately.

You agree that Footgear will accept and process your order for Products once the correct Access Codes have been entered, irrespective of whether the use of the Access Codes is unauthorised or fraudulent and that you will be liable for payment of such order, save where the order is cancelled by you in terms of these Terms.

By using the Website, you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) 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 to be liable and responsible for you and all your obligations under these Terms.

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 Footgear representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website). 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 Footgear representative.

Verification

You agree that all instructions, consents, orders and other communications which purport to originate from you or a person who had authority to act on your behalf to operate automatically (unless it is proved that such information system did not properly execute such programming) (collectively "the originator") and which are sent to Footgear electronically and which may (as a result of interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the instructions actually sent or given, or may not have been given by you at all, shall be deemed to have been given by the originator in the form actually received by Footgear and you will be bound by such instruction with no liability of whatever nature attaching to Footgear in regard thereto. You waive any rights that you may have or obtain against Footgear arising directly or indirectly from any loss or damage of whatsoever nature which you may suffer as a result of the fact that Footgear acts on your instructions/orders or instructions/orders purported to emanate from you and you indemnify Footgear against all and any claims, liabilities, losses, costs, fines, damages and expenses incurred (whether directly or indirectly) by you, arising as a result of the fact that Footgear has acted on your instructions/orders or instructions/orders which purported to emanate from you.

Orders, Confirmation & Delivery

The advertising of Products via the Website merely constitutes an invitation by Footgear for you to make an offer to purchase Products and we remain entitled to reject any order without giving reasons therefore and without any liability to you.

As erroneous information and/or prices may be displayed on this Website from time to time, you agree that Footgear cannot be held liable for any inaccurate information and/or prices published on the Website, save where such liability arises from the gross negligence or wilful misconduct of Footgear, its employees, agents or authorised representatives. We will not under any circumstances whatsoever be obligated to sell a Product at such erroneous price displayed on the Website. You are encouraged to contact us to report any possible errors by way of email to info@footgear.co.za or by contacting the head office on +27 21 914 6393.

Once you have selected the Product you wish to purchase and submitted your order to Footgear, you will be given the opportunity to review the entire transaction and correct any mistakes, before electing whether to withdraw from the transaction or proceed with the transaction. By clicking on the "proceed" or "purchase" or similar "final submit" button you are deemed to have submitted an offer to purchase the Product/s selected by you ("order") and the order can be withdrawn by you.

Footgear reserves the right to cancel the order for any reason on notice to you and without any liability to you. Receipt of a confirmation of the order (which only constitutes acceptance by Footgear to process the order) will be sent to you once we receive your order. Although the Website is set up to confirm receipt of orders, technical or other problems may delay or prevent such confirmations. DO NOT resend your instruction if you do not receive a confirmation from us as this may lead to a duplicate transaction for which you will be held liable.

Please note: A transaction will only be deemed to have been concluded once the product/service in question has been delivered in accordance with the selected delivery option or agreed process. Footgear will indicate the acceptance of your order by delivering the Products to you or allowing you to collect them, and only at that point will an agreement of sale between you and Footgear come into effect (the "Sale"). This is regardless of any communication from Footgear stating that your order or payment has been confirmed. Footgear will indicate any rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.

We reserve the right to withhold approval and / or cancel orders at our sole discretion.

Placing Products in a wish list or shopping basket without completing the purchase cycle does not constitute an order for such Products, and as such, Products may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold Footgear liable if such Products are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.

Delivery times are estimated times only and we are not liable for any late deliveries.

We reserve the right to verify the identity of any purchaser or the payment method used. This may entail you being required to, amongst other, send us a copy of your identity document, proof of residence, copy of front and back of your credit card. Failure to do so may result in us cancelling the order without reason. If Footgear approves your application you may be required to sign additional terms & conditions, which will form the basis of Footgear's agreement with you. A copy of these terms can be obtained by calling our helpdesk on +27 21 914 6393. If you do not agree to these additional terms & conditions, then your application will be cancelled, and you will not be entitled to use or access the product or service you have subscribed to. Risk in the products shall pass to you or your authorized representative on delivery.

Performance and Availability of Products

Footgear endeavours to execute all orders within the time period notified but by accepting these Terms, you acknowledge and agree that delivery of orders can from time to time fall outside of these time periods due to a number of reasons out of our control including but not limited to logistic delays. By accepting these Terms and transacting on the Website, you acknowledge that no liability is incurred by Footgear in these instances.

You acknowledge that stock of all Products on offer is limited and accept that the display of Products is not necessarily a guarantee that a Product is available.

When Products are no longer available Footgear will notify you and you will be entitled to a refund of the amount paid by you for such Products. Whilst Footgear will take all reasonable efforts to monitor stock levels, we cannot guarantee the availability of stock and we will only be liable for delivery of the Products when the Products are available. Should the Products no longer be available, you shall be entitled to either be credited or refunded for any payments already made by you. For information on guarantees applicable to Products purchased by you, please see our warranties / guarantee policy.

Payments

We accept payments via EFT, credit card, debit card.

Debit/Credit card payments:

We only accept MASTERCARD and VISA credit and debit cards. We will debit the total value of your online order against the payment card tendered by you during the check-out process.

Payment will be effected on acceptance of your order and prior to delivery.

By submitting your order, Identity Number and payment card details you warrant that you are over the age of 18 (eighteen) and that you are fully authorised to make payment with the payment card and that there are sufficient funds available to pay for the order.

Where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we reserve the right to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your purchase of the Products will be cancelled.

EFT / Instant EFT payments:

If payment for the full amount does not reflect in our bank account within 14 days, your order will be cancelled. Payments for orders made via Instant EFT will be processed in the same way that Credit Card orders are processed.

Disclosures required in terms of Section 43 of the Electronic Communications and Transactions Act 25 of 2002

Full Name: Footgear (PTY) Ltd.

Physical address: Unit F10, Willowbridge Mall, 39 Carl Cronje Drive, Tygervalley, 7300.

Telefax number: +27 21 914 6549

Telephone number: +27 21 914 6393

Website address: http://www.footgear.co.za

E-mail address: info@footgear.co.za

Company Registration Number: 2001/029722/07

Credit Provider Number: NA

Vat Registration Number: 4390174235

Country of Incorporation: South Africa

Director Details: Available at info@footgear.co.za

Physical Address for Receipt of Service: Unit F10, Willowbridge Mall, 39 Carl Cronje Drive, Tygervalley, 7300. A full record of your transactions can be accessed by clicking here. You may request a record of your transaction for up to 90 (ninety) days after which we will not be obligated to keep any records of your transactions.

Returns

Please refer to the refunds policy, which sets out our policy regarding returns or exchanges. Nothing on our refunds policy or these Terms in any way limits your rights in terms of section 56 (read with section 55) of the CPA.

Cancellations

You are, in terms of section 44 of the Electronic Communications and Transactions Act 25 of 2002 ("ECT Act") entitled to cancel, without reason and without penalty, your order for the Products within 7 (seven) days of receipt of the Products. In such an event:

  • you will receive a full refund of the purchase price within 30 (thirty) days of the date of your cancellation of the order;
  • you undertake not to utilise the Products;
  • your agreement of purchase will be deemed to have been cancelled, and
  • you will be liable, in terms of section 44(2) of the ECT Act, for the direct costs of returning the products, such as courier and/or shipping charges.

If for any reason you would like to cancel an order this may be done by contacting our Head Office on +27 21 914 6393. You will only be able to cancel orders up to 17:00 on the day prior to the date of delivery. If you cancel your order later than 7 (seven) days of receipt of the Products, we reserve the right to debit your payment card for the delivery fees in respect of any late cancellations. If you cancel your payment for any reason or if your payment card should cease to be valid for whatever reason, you will nevertheless be bound to pay the full purchase price, including all costs incurred by us relating to the recovery thereof. Without prejudice to any other rights or remedies in law, we reserve the right to cancel forthwith any sale and/or your registration in the event of your breach of any of these Terms.

Vouchers

Vouchers are issued in Footgear’s sole discretion and we reserve the right at any time to correct, cancel or reject a Voucher for any reason. Users do not have a right to Vouchers. Vouchers are issued under specific terms and conditions regulating when and how they may be used.

As a general rule, and unless specified otherwise on the specific Voucher itself:

  • each Voucher can only be used once;
  • only one Voucher can be used per person per promotion/campaign on the Website;
  • a Voucher must be used at check-out.
  • It cannot be used later on existing orders; and
  • the value of the Voucher will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.

Vouchers cannot be used to buy other Vouchers, and cannot be exchanged or refunded for cash or credit. If for any reason a Voucher does not reflect on the final amount due from you at check-out, you can contact Footgear to confirm if the Voucher is still valid. If the voucher is still valid, you can choose whether to cancel the order and place it again with the Voucher, or you can complete the current order and use the Voucher on your next order. Footgear is not responsible for any loss or unauthorised use of a Voucher.

Privacy and Security

All personal information obtained by Footgear by virtue of your use of this Website is protected as set out in our privacy and security policy. Further, the security processes and procedures used by Footgear to protect information transmitted via the Website are also set out in the privacy and security policy.

Protection of Personal Information

When you share your information with Footgear, we will not share your information with a third party. However, in some instances, you may also be sharing your information with other companies that help us provide services to you e.g. the company that delivers your online shopping.

We use your personal information to create a profile for you. We keep your personal information private, and only disclose it to other companies if you ask us to, or if they need it to help us provide services to you. To learn more about how we use your personal information, please see our Privacy Policy here.

By creating an account, you consent to letting us process your personal information for the purposes of sending you information, keeping up to date with customer trends and improving your customer experience.

Copyright and Intellectual Property Rights

Copyright and all intellectual property rights in all materials, texts, images, drawings and data made available on Website (collectively "the materials") are owned by Footgear alternatively, Footgear is the lawful user thereof and are protected by both South African and international intellectual property laws. You will not acquire any right, title or interest in or to the Website or the material.

Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such material or any component thereof will constitute an infringement of such copyright and other intellectual property rights; save that you may use the materials or any component thereof for your own internal purposes and for the purposes of ordering products from Footgear.

Where any of the materials has been licensed to Footgear or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third-party terms and conditions.

The trademarks, names, logos and service marks (collectively "trademarks") displayed on Website are registered and unregistered trademarks of Footgear. Nothing contained on Website should be construed as granting any licence or right to use any trademark without the prior written permission of Footgear.

External Links

External links may be provided for your convenience, but they are beyond the control of Footgear and no representation is made as to their content. Use or reliance on any external links provided is 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 external links or your reliance on any information contained thereon.

When visiting external links, you must refer to the external terms and conditions of use of such external links. You may not link to this Website, in any manner, or frame any content of this Website in any other manner or otherwise use the content without the express prior written permission of Footgear.

Unlawful Use

You shall not use the Website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify Footgear against any loss, liability, damage or expense of whatever nature (whether direct or indirect) which Footgear or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the Website to send or post any message or material as aforesaid.

Warranties, Disclaimers and Limitation of Liability

Save as set out in the Terms, Footgear makes no warranties, representations, statements or guarantees (whether express, or implied in law or residual) regarding the Website and the Products and the Website and Products made available via the Website are provided "as is".

Neither Footgear or its directors shall be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential) and/or expense of any nature whatsoever which may be suffered by you or any third party, as a result of or which may be attributable, directly or indirectly, to your access and use of the Website and/or any information contained on or via the Website and/or your use of the Products. Without limiting the generality of the foregoing, neither Footgear nor its directors shall be liable for any failure and/or unavailability of the Website for any reason whatever and/or the failure/delay by any third-party service provider to render any service which are necessary to ensure the availability of the Website.

You hereby indemnify Footgear or its directors against any loss, liability, damage (whether direct, indirect or consequential) or expense of any nature whatsoever which may be suffered by you or any third party as a result of or which may be attributable directly or indirectly to the aforesaid. Notwithstanding anything to the contrary contained herein, Footgear shall not be liable for any direct, indirect, contingent or consequential loss (including but not limited to loss of business, loss of data and/or loss of profits) incurred or sustained by you or any third party howsoever arising in respect of your use of or reliance of any information offered on or via the Website and/or your use of the Products.

Without limiting the generality of the aforegoing, Footgear shall not be liable to you or any third party for any loss or damage of whatsoever nature in the event that you request that an order be stopped or cancelled.

By accessing the Website, you warrant and represent to Footgear that you are legally entitled to do so to purchase any of the Products offered for sale via the Website. You further warrant that all the details you have given are true and complete and that you are legally capable of concluding this transaction. If you are younger than 18 years of age you warrant that you have the consent of your legal guardian to enter into this agreement with Footgear or that you have obtained legal status in another manner.

Further to the provisions of our privacy and security policy, whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or accept any liability whatsoever for unauthorised or unlawful disclosures of your personal information, whilst in our possession, made by third parties who are not subject to our control, unless such disclosure is as a result of our gross negligence. If you disclose your personal information to a third party, such as an entity which operates a website linked to this Website or anyone other than Footgear, Footgear shall not be liable for any loss or damage, however arising, suffered by you as a result of the disclosure of such information to the third party. This is because we do not regulate or control how that third party uses your personal information. You should always ensure that you read the privacy policy of any third party.

We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods. We may in our sole discretion at any time suspend or terminate the operation of this Website without prior notice to you and without the need to give you reasons for such termination. You agree that Footgear will not be liable to you in the event that it chooses to suspend or terminate the Website other than for processing any orders made by you prior to such time and to the extent possible. In addition to the disclaimers contained elsewhere in these Terms, Footgear also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or willful misconduct of the Company, its employees, agents or authorised representatives. Footgear thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.

Use of the Website

Footgear does not make any warranty or representation that information and products advertised on the Website are appropriate for use in any jurisdiction. By accessing the Website, you warrant and represent to Footgear that you are legally entitled to do so and to make use of information and purchase the Products made available via the Website.

Address for Service

The address for service for all purposes relating to these Terms including the giving of any notice, the payment of any sum, the serving of any process, is the address set out above and the telefax number set out in the same paragraph. Footgear shall be entitled from time to time, by giving notice to you to vary its physical address for service to any other physical address within the Republic of South Africa, and to vary its facsimile address for service to any other facsimile number.

General

Without detracting from the provisions of your account terms and conditions, the Terms constitute the sole record of the agreement between you and Footgear in relation to your use of this Website. No indulgence or extension of time which either you or Footgear may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.

Footgear shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these Terms.

All provisions of these Terms are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of these Terms which is or becomes unenforceable in any jurisdiction, whether due to invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of these Terms shall remain in full force and effect.

Should Footgear be prevented from fulfilling any of its obligations to you as a result of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as Footgear is so prevented from fulfilling them and your corresponding obligations shall be suspended to the corresponding event. In the event that force majeure continues for more than fourteen days after it has first occurred then Footgear shall be entitled (but not obliged) to terminate all of its rights and obligations in terms of or arising out of these terms by giving notice to you. An "event of force majeure" shall mean any event or circumstance whatsoever which is not within the reasonable control of including, without limitation, vis major, casus fortuitus, any act of God, strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or military operations, the downtime of any external telecommunications line, power failure, international restrictions, any requirement or any international authority, any requirement of any government or other competent local authority, any court order, export control or shortage or transport facilities.

For purposes of calculating any time periods GMT +2 shall be used.

These Terms and conditions shall apply to all transactions you conclude via this Website.

A certificate issued by an administrator of this Website shall constitute prima facie proof of any fact related to this Website, including but not limited to which version of the Terms govern a particular dispute and what content was published or functionality was available on the Website at a specific point in time.

When you visit the Website, or send emails to us, you consent to receiving communications from us electronically. The deeming provisions of the ECT Act are excluded to the extent that no message shall be deemed to have been received by us unless we acknowledge receipt thereof in writing. This does not detract from the fact that if you submit an order more than once you may have concluded a double transaction for which you will be liable and that a transaction will only be deemed to have been concluded between you and Footgear on delivery/collection of the product or service.

Dispute Resolution

These Terms and our relationship and/or any dispute arising from or in connection with these Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law.

All disputes arising as a result of your use of the Website or on the interpretation of these Terms or on any matter which in terms of the Terms requires agreement by you and Footgear, (other than where an interdict is sought, or urgent relief may be obtained from a court of competent jurisdiction), will be submitted to and decided by arbitration.

That arbitration will be held with only you and Footgear and your/our representatives present at the offices of the Arbitration Foundation of Southern Africa, Cape Town, South Africa. The arbitration will be governed by the rules of the Arbitration Foundation of Southern Africa in terms of South African law and will be heard by an arbitrator or arbitrators appointed by the Arbitration Foundation of South Africa. The arbitration award will be final and binding on you and Footgear. We agree to keep the evidence in the arbitration proceedings and any order made by any arbitrator confidential. The arbitrator will have the power to give default judgment if either of us fails to make submissions on the due date and fails to appear at the arbitration.

Terms and Conditions for Competitions

As much as we love competitions, we need to adhere to the rules set out below. If you are unclear about the mechanics, prizes, entry requirements, or any other terms and conditions regarding the competitions offered by Footgear, please select a relevant accordion for more information.

Footgear Sneaker Magic Competition

Basic Terms & Conditions 

The terms and conditions set out below ("Terms and Conditions") apply to the Footgear Sneaker Magic Competition (the "Promotion") being run and administered by Footgear (Pty) Ltd (the "Promoter" or "us" or "we"). These Terms and Conditions will prevail in the event of any conflict or inconsistency with any other communications we send you, including advertising or promotional materials. Prize redemption instructions are deemed to form part of the Terms and Conditions and by entering this Promotion all participants will be deemed to have accepted, and shall be bound by, the Terms and Conditions. This version of the Terms and Conditions applies to Participants (defined below) in the Republic of South Africa.

1. Important Provisions

We have a duty, in terms of the Consumer Protection Act, No 68 of 2008 ("CPA") to point out certain important provisions in these Terms and Conditions to you.  The clauses which contain these important provisions and the reasons why they are important are set out below.  It is very important that you read all of Terms and Conditions carefully and not just what we point out below.

1.1 Limitation of risk, legal responsibilities and liability.  Clauses 14, 17, 19, 20 and 21 below are important because they limit and exclude obligations, liabilities and legal responsibilities that we and other persons or entities may otherwise have to you.   As a result of these clauses, your rights and remedies against us and these other persons and entities are limited or excluded. These clauses also limit or exclude your right to recover from, or make claims against, Footgear (Pty) Ltd for losses, damages, liability or harm you or others may suffer as a result of your participation in the Promotion. Clauses 15 and 19 below are particularly important because you take on risk, legal responsibilities and liability.  In terms of this clause, you may be responsible for taxes, fees, claims and other amounts.  You will also be responsible for, and you accept, various risks, damages, harm, and injury which may be suffered by you and others for what is stated in this clause.

1. Indemnities given by you.  Clauses 15 and 19 below require you to indemnify (hold harmless) us and other persons or entities against claims, loss, damages, and harm that may be suffered by us and other persons or entities as a result of the events set out in clauses 14, 17, 19, 20 and 21 below. You are also required to indemnify us and other persons and entities against claims for loss, damages, and harm that may be made by any person or entity as a result of the events set out in clauses 14, 20 and 21 below. This places various risks, liabilities, obligations and legal responsibilities on you, and you will be responsible and liable for the payment of the value of the claims, loss, damages, and harm that may be suffered or claimed.

2. The Promoter is Footgear (Pty) Ltd [Registration Number: 2001/029722/07, with their registered address at Unit F10 Willowbridge Mall, 39 Carl Cronje Drive, Tygervalley, 7300]

3. The Promotion is only valid in South Africa and is open to every South African citizen that is aged 18 or over.

4. The Promotion is not open to any agencies, sales agents/ merchandisers, packaging suppliers and their immediate family members (spouses, life partners, parents, grandparents, siblings, children and grandchildren) or their business partners, or any person who is (i) a director, member, partner, or agent of, or consultant to the Promoter or any other person who directly or indirectly controls or is controlled by, the Promoter; or (ii) a supplier of goods or services in connection with the Promoter.

5. The Promotion is not open to employees and their immediate families of Footgear (Pty) Ltd.

6. Participation in the Promotion constitutes your acceptance of these Terms and Conditions. All information relating to this Promotion and published on any promotional material will form part of these terms and conditions of entry.

7. The Promotion will run from 13 November 2017 at 00h00 and end on 31 December 2017 at 23h59. No entries received before 13 November 2017 00h00 and after 31 December 2017 23h59 will be accepted.

8. Consumers wishing to participate in the Promotion must:

8.1 Dial the USSD string listed on the promotional marketing material

8.2 Complete their once-off registration

9. You stand a chance to win a year’s worth of Footgear merchandise, valued at R20,000.00 (Twenty Thousand Rand) 

10. The main prize will be awarded by means of an audited draw, which will be conducted in the presence of an auditor, at the offices of Strike Media;

10.1 The audited draw will take place on the 3rd of January 2018

10.2 One winner will be selected, with 10 stand-by winners

10.3 The winner will be contacted by a Footgear representative within 14 working days of the draw

10.4 Winners will be contacted via telephone, on the number they used to enter the competition.  In such event that a winner is not contactable within 48 hours of the first attempt to contact them, then such winner will forfeit their prize and a stand-by winner will be called, with the same call process as described herein being followed

11.The prize will be issued to the winner within 1 month of the draw taking place.

11.1 The prize will be issued as a Digital Footgear Gift Card (gift card), which will be sent to the winner via SMS

11.2 The gift card will be loaded with R 20,000.00 and can be used at any Footgear store nationwide

11.3 The gift card is valid for 1 year from date of receipt

11.4 Any credit balance remaining in the gift card after the expiry date, cannot be redeemed for cash and will be forfeited

11.5 Refunds on returns will not be made in cash, but via the issue of another gift card

12.You may enter the Promotion as many times as you like

13. By entering this competition Participants are given the opportunity to Opt In to allow Footgear to collect, store and use (not share) their personal information for communication, statistical purposes and for marketing communications.

14. No responsibility will be accepted by the Promoter, its associated companies (directors, officers and employees) agents and suppliers, for any prize which is lost, delayed, damaged, misdirected or incomplete, or any other reasons outside of Footgear’s control.

15. As far as the law allows, all Participants indemnify the Promoter, its associated companies (directors, officers and employees) agents and suppliers, against any / all claims for any loss or damages, whether direct, indirect, consequential or otherwise, arising from any cause whatsoever connected to or arising from their participation in any way in this Promotion and/or any receipt of and/or use of a Voucher/Digital Gift Card.

16. By taking part in this Promotion, Participants hereby warrant that all information they submit to the Promoter is true, current and complete.

17. The Promoter may decline to award a prize (i.e. refuse to issue a prize to the Participant) if there is a reasonable suspicion of any irregularities or fraudulent activities.

18. As far as the law allows, all warranties and representations in relation to the Promotion not set out in these Terms and Conditions (whether express, implied or tacit) are hereby excluded.

19. As far as the law allows, the Promoter shall only be responsible for those costs which these Terms and Conditions expressly say that the Promoter will pay. The Promoter is not responsible for (i) any and all applicable local taxes and fees; and (ii) all other costs incurred by it, or arising directly or indirectly from, the Participant's participation in the Promotion, or from the acceptance, receipt, use or enjoyment of any Voucher/Digital Gift Card.  Without limiting the rest of this clause 19, the Participant will be responsible for the cost of submitting proof of purchase and entering the Promotion and any data charges that apply, as per the tariff rates charged by the Participant’s mobile network provider.

20. The Promoter reserves the right to terminate the Promotion immediately and without notice if circumstances beyond its reasonable control prevent the Promoter, its associated companies (directors, officers and employees) agents and suppliers, from continuing with the Promotion. In the event of such termination, as far as the law allows, all Participants acknowledge that they will have no recourse against the Promoter, its associated companies (directors, officers and employees) agents and suppliers, in respect thereof.

21. As far as the law allows the Promoter, its associated companies (directors, officers and employees) agents and suppliers, shall not be responsible for a Participant's failure to access the Promotion for any reason whatsoever including, by way of example only, as a consequence of communications or network failures.

22. These Terms and Conditions shall be governed by the laws of South Africa.

23. If any provision of these Terms and Conditions are found to be invalid or unenforceable by any court of competent jurisdiction, then that provision shall be severed from these Terms and Conditions and shall not affect the validity or enforceability of any remaining provisions.

Footgear/Heart FM Shoe Fanatic Competition

Basic Terms & Conditions

The terms and conditions set out below ("Terms and Conditions") apply to the Footgear/Heart FM Shoe Fanatic Competition (the "Promotion") being run and administered by Footgear (Pty) Ltd and Heart 104.9 FM (the "Promoter" or "us" or "we"). These Terms and Conditions will prevail in the event of any conflict or inconsistency with any other communications we send you, including advertising or promotional materials. Prize redemption instructions are deemed to form part of the Terms and Conditions and by entering this Promotion all participants will be deemed to have accepted, and shall be bound by, the Terms and Conditions. This version of the Terms and Conditions applies to Participants (defined below) in the Republic of South Africa.

Important Provisions

We have a duty, in terms of the Consumer Protection Act, No 68 of 2008 ("CPA") to point out certain important provisions in these Terms and Conditions to you.  The clauses which contain these important provisions and the reasons why they are important are set out below.  It is very important that you read all of Terms and Conditions carefully and not just what we point out below.

1.1 Limitation of risk, legal responsibilities and liability.  Clauses 14, 17, 19, 20 and 21 below are important because they limit and exclude obligations, liabilities and legal responsibilities that we and other persons or entities may otherwise have to you.   As a result of these clauses, your rights and remedies against us and these other persons and entities are limited or excluded. These clauses also limit or exclude your right to recover from, or make claims against, Footgear (Pty) Ltd and Heart 104.9 FM for losses, damages, liability or harm you or others may suffer as a result of your participation in the Promotion. Clauses 15 and 19 below are particularly important because you take on risk, legal responsibilities and liability.  In terms of this clause, you may be responsible for taxes, fees, claims and other amounts.  You will also be responsible for, and you accept, various risks, damages, harm, and injury which may be suffered by you and others for what is stated in this clause.

1.2 Indemnities given by you.  Clauses 15 and 19 below require you to indemnify (hold harmless) us and other persons or entities against claims, loss, damages, and harm that may be suffered by us and other persons or entities as a result of the events set out in clauses 14, 17, 19, 20 and 21 below. You are also required to indemnify us and other persons and entities against claims for loss, damages, and harm that may be made by any person or entity as a result of the events set out in clauses 14, 20 and 21 below. This places various risks, liabilities, obligations and legal responsibilities on you, and you will be responsible and liable for the payment of the value of the claims, loss, damages, and harm that may be suffered or claimed.

The Promoter is Footgear (Pty) Ltd [Registration Number: 2001/029722/07, with their registered address at Unit F10 Willowbridge Mall, 39 Carl Cronje Drive, Tygervalley, 7300]

The Promotion is only valid in South Africa and is open to South African citizens of all ages, who have a valid mobile number, can produce official identification and who are able to personally redeem their prize at a Footgear store.  For a list of Footgear stores, please visit www.footgear.co.za.  It will be acceptable for guardians of minors to provide their identification for the purposes of the Promotion.

The Promotion is not open to any agencies, sales agents/ merchandisers, packaging suppliers and their immediate family members (spouses, life partners, parents, grandparents, siblings, children and grandchildren) or their business partners, or any person who is (i) a director, member, partner, or agent of, or consultant to the Promoter or any other person who directly or indirectly controls or is controlled by, the Promoter; or (ii) a supplier of goods or services in connection with the Promoter.

The Promotion is not open to employees and their immediate families of Footgear (Pty) Ltd.

Participation in the Promotion constitutes your acceptance of these Terms and Conditions. All information relating to this Promotion and published on any promotional material will form part of these terms and conditions of entry.

Entries for the Promotion will run from 01 December 2017 at 00h00 and end on 07 December 2017 at 23h59. No entries received before 01 December 2017 00h00 and after 07 December 2017 23h59 will be accepted. 

Consumers wishing to participate in the Promotion must:

8.1 SMS “FOOTGEAR” and their name to 39063

8.2 Heart 104.9 FM will then randomly select participants to play on air during the Drive Time show between 3pm to 6pm for the period 04 December 2017 until 08 December 2017.

8.3 When On Air, participants will compete against each other by repeating the word “FOOTGEAR” as quickly as possible in the allocated time.

8.4 The Heart FM DJ will choose the participant with the fastest tongue to be the winner of the daily prize.

You stand a chance to win 1 of 5 Footgear vouchers to the value of R4,000 (Four Thousand Rand) each, to be spend in a Footgear store. 

The prizes will be awarded by the Heart FM DJ on air.

10.1 One winner will be selected per day from 04 December 2017 to 08 December 2017

10.2 The Heart FM DJ will act as judge and his decision is final.  No correspondence will be entered into in this regard.

10.3  Winners are required to collect their prize letters from the Heart FM studios in Greenpoint, Cape Town, within the month of December 2017.  Uncollected prize letters will result in the prize being forfeited.

10.4 The prize letter will contain instructions of how to claim the voucher.

10.5 Vouchers must be claimed before 31 December 2017.

The Voucher prize will be as follows:

11.1 The prize will be issued as a Footgear Digital Gift Card (gift card), which will be sent to the winner via SMS to their mobile number.  The gift card operates through the issue of a wiCode.

11.2 The gift card will be loaded with R4,000.00 and can be used for multiple purchases at any Footgear store nationwide until the balance is depleted.

11.3 The gift card is valid for 3 months from the date of the first issue.

11.4 Usage of the gift card is dependent on the store having internet connectivity.

11.5 Any credit balance remaining on the gift card after the expiry date, cannot be redeemed for cash and will be forfeited.

11.6  Merchandise returned will not be refunded in cash, but can however be exchanged for other items of the same value, provided goods being returned are in original packaging and selling condition.

11.7 The prize is not transferrable and cannot be redeemed for cash.

12. You may enter the Promotion as many times as you like, however winners may not participate in this Promotion again.

13. By entering this competition, the winners agree that Footgear may publish his or her name and photo on the company’s official Facebook and/or Instagram page.

14. No responsibility will be accepted by the Promoter, its associated companies (directors, officers and employees) agents and suppliers, for any prize which is lost, delayed, damaged, misdirected or incomplete, or any other reasons outside of Footgear’s control.

15. As far as the law allows, all Participants indemnify the Promoter, its associated companies (directors, officers and employees) agents and suppliers, against any / all claims for any loss or damages, whether direct, indirect, consequential or otherwise, arising from any cause whatsoever connected to or arising from their participation in any way in this Promotion and/or any receipt of and/or use of a Voucher/Digital Gift Card.

16. By taking part in this Promotion, Participants hereby warrant that all information they submit to the Promoter is true, current and complete.

17. The Promoter may decline to award a prize (i.e. refuse to issue a prize to the Participant) if there is a reasonable suspicion of any irregularities or fraudulent activities.

18. As far as the law allows, all warranties and representations in relation to the Promotion not set out in these Terms and Conditions (whether express, implied or tacit) are hereby excluded.

19. As far as the law allows, the Promoter shall only be responsible for those costs which these Terms and Conditions expressly say that the Promoter will pay. The Promoter is not responsible for (i) any and all applicable local taxes and fees; and (ii) all other costs incurred by it, or arising directly or indirectly from, the Participant's participation in the Promotion, or from the acceptance, receipt, use or enjoyment of any Voucher/Digital Gift Card.  Without limiting the rest of this clause 19, the Participant will be responsible for the cost of submitting proof of purchase and entering the Promotion and any data charges that apply, as per the tariff rates charged by the Participant’s mobile network provider.

20. The Promoter reserves the right to terminate the Promotion immediately and without notice if circumstances beyond its reasonable control prevent the Promoter, its associated companies (directors, officers and employees) agents and suppliers, from continuing with the Promotion. In the event of such termination, as far as the law allows, all Participants acknowledge that they will have no recourse against the Promoter, its associated companies (directors, officers and employees) agents and suppliers, in respect thereof.

21. As far as the law allows the Promoter, its associated companies (directors, officers and employees) agents and suppliers, shall not be responsible for a Participant's failure to access the Promotion for any reason whatsoever including, by way of example only, as a consequence of communications or network failures.

22. These Terms and Conditions shall be governed by the laws of South Africa.

23. If any provision of these Terms and Conditions are found to be invalid or unenforceable by any court of competent jurisdiction, then that provision shall be severed from these Terms and Conditions and shall not affect the validity or enforceability of any remaining provisions.

24. For any queries regarding the Promotion, please contact Footgear on 021 914 6393 or email info@footgear.co.za

Spot Us and Win Competition

By entering the FG spot us and win competition on our official Facebook page, all participants are to be bound by these terms and conditions.

By submitting your information to Footgear, you consent to Footgear using your information in connection with the competition. 

How to Enter:

If you spot us take a pic & post it anywhere on our Facebook page. To increase your chances of winning - like, comment and share this post!
 
In order to be eligible to enter the competition, a participant:

− Must be residing in the Republic of South Africa

− Must be able to personally redeem their prize  at a physical Footgear store in Western Cape, Gauteng, Limpopo, Mpumalanga, North West or Eastern Cape.

− Must have a valid South African mobile number

− Must be able to produce official identification

 All participants who meet the eligibility requirements set out above will be automatically entered into the draw.

The following persons and entities are not eligible to participate in the competition:

Directors, partners, employees as well as their immediate family and/or partners.

The competition opens on Friday, 17 November 2017 and closes at midnight on 25th November 2017.

Five winners will be drawn by random selection and will be notified on or before the 29th of November.

The judge’s decision is final and no correspondence in this regard will be entered into.

Call us on 021 914 6393 for queries regarding the competition.

 The prizes are as follows:
- x1 R1000 Footgear voucher for each lucky winner 

Customers may enter more than once during the duration of the competition; however, no spam is allowed.

The prizes are not transferable and cannot be exchanged for cash or any other item.

If for any reason Footgear is unable to provide any of the prizes, Footgear will reward the winner with an alternative of a similar value.

Footgear reserves the right to disqualify the winner if he/she does not respond to the telephone call/e-mail within 5 working days of being contacted. Footgear will then be entitled to draw another winner.

The winner may contact Shawna on marketingassist@footgear.co.za.

The prize must be collected within the month of November and can be redeemed/spent at one Footgear branch only.

The customer will be required to go a Footgear store and collect his/her prize.

The customer needs to bring proof of identification with them to the store in order to redeem their prize such as a South African ID book, passport or Drivers License.

"Competition is open for people of all ages” With respect to the winner’s eligibility with regards to identification, it will be acceptable for guardians of the minors to provide their identification in order to proceed with the potential prize give-away. 

The winner agrees that by entering this competition they give authorization that Footgear may send marketing communication to them. 

The winner agrees that Footgear may publish his or her name and photo on the official facebook page and Instagram page.

https://www.facebook.com/footg...
https://www.instagram.com/foot... 

This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram or Facebook. 

General Terms and Conditions:

Footgear (Pty) Ltd provides the information contained on this website and the pages comprising the website ("website") and advertises the products to you, subject to the terms and conditions set out herein and as may be referenced herein ("the terms") unless otherwise stated. For the purposes of these terms, "products" means those items offered for sale by Footgear or the services made available from time to time via the website.

Content of the Website:

Whilst every effort is made to update the information provided on this website on a regular basis, Footgear makes no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of any information, data and/or content on the website from time to time. Footgear reserves the right at any time to change or discontinue without notice, any aspect or feature of the website and any information, data and/or content on the website

Footgear 200K Followers Competition

By entering the FG 200k followers competition on our official Facebook page, all participants are to be bound by these terms and conditions.

By submitting your information to Footgear, you consent to Footgear using your information in connection with the competition.

How to Enter:

Like our Footgear page.
Like and share this post.
 
In order to be eligible to enter the competition, a participant:

− Must be residing in the Republic of South Africa

− Must be able to personally redeem their prize at a physical Footgear store in Western Cape,      Gauteng, Limpopo, Mpumalanga, North West or Eastern Cape.

− Must have a valid South African mobile number

−  Must be able to produce official identification

 All participants who meet the eligibility requirements set out above will be automatically entered into the draw.
The following persons and entities are not eligible to participate in the competition:

Directors, partners, employees as well as their immediate family and/or partners.

The competition opens on Wednesday 25th October 2017 and closes at midnight on 31st October.

One winner will be drawn by random selection and will be notified on or before the 3rd of November.

The judge’s decision is final and no correspondence in this regard will be entered into.

 Call us on 021 914 6393 for queries regarding the competition.

The prizes are as follows:

- x1 R5000 Footgear voucher

Customers may enter more than once during the duration of the competition; however, no spam is allowed.

The prizes are not transferable and cannot be exchanged for cash or any other item.

If for any reason Footgear is unable to provide any of the prizes, Footgear will reward the winner with an alternative of a similar value.

Footgear reserves the right to disqualify the winner if he/she does not respond to the telephone call/e-mail within five working days of being contacted. Footgear will then be entitled to draw another winner.

The winner may contact Shawna on marketingassist@footgear.co.za.

The prize must be collected within the month of November and can be redeemed/spent at one Footgear branch only.

The customer will be required to go a Footgear store and collect his/her prize.

The customer needs to bring proof of identification with them to the store in order to redeem their prize such as a South African ID book, passport or Drivers License.

"Competition is open for people of all ages” With respect to the winner’s eligibility with regards to identification, it will be acceptable for guardians of the minors to provide their identification in order to proceed with the potential prize give-away. 

The winner agrees that by entering this competition they give authorization that Footgear may send marketing communication to them. 

The winner agrees that Footgear may publish his or her name and photo on the official facebook page and Instagram page.

https://www.facebook.com/footg...
https://www.instagram.com/foot...

This promotion is in no way sponsored, endorsed or administered by, or associated with Instagram or Facebook.

General Terms and Conditions: 

Footgear (Pty) Ltd provides the information contained on this website and the pages comprising the website ("website") and advertises the products to you, subject to the terms and conditions set out herein and as may be referenced herein ("the terms") unless otherwise stated. For the purposes of these terms, "products" means those items offered for sale by Footgear or the services made available from time to time via the website.

Content of the Website:

Whilst every effort is made to update the information provided on this website on a regular basis, Footgear makes no representations or warranties, whether express, implied in law or residual, as to the accuracy, completeness or reliability of any information, data and/or content on the website from time to time. Footgear reserves the right at any time to change or discontinue without notice, any aspect or feature of the website and any information, data and/or content on the website

Advertised Products

​Terms and Conditions Relating to Advertised Products​

All items advertised are subject to change with immediate effect and no prior notice.

Conclusion of Sales and Availability of Stock

Registered users may place orders for Goods, which Footgear or the Third Party Seller may accept or reject. Whether or not Footgear or the Third Party Seller accepts an order depends on the availability of Goods, correctness of the information relating to the Goods (including without limitation the price) and receipt of payment or payment authorisation by Footgear for the Goods.

Footgear or the Third Party Seller will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and Footgear or the Third Party Seller come into effect (the “Sale”). This is regardless of any communication from Footgear stating that your order or payment has been confirmed. Footgear will indicate the rejection of your order (by Footgear itself or the Third Party Seller) by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.

Certain Goods may not be purchased for re-sale. Should we suspect that any such Goods are being purchased for sale, we are entitled to cancel your order immediately on notice to you.

Errors

We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), 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 amount already paid, or otherwise as set out in the Returns Policy.