Terms & Conditions

TERMS & CONDITIONS

Relating to promotional activity in-store or online; such gift with purchase offers, competitions, promotional product etc.

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.

://instagram.com/footgearza https://twitter.com/FootgearZA

GIFT WITH PURCHASE OFFERS

On occasion, we run “Gift with purchase” promotions whereby a shopper purchasing any of the participating product or relevant basket spend required, will qualify for the allocated gift offer. Promotions of this nature are governed by the following terms:

PROMOTIONS

NEW BALANCE 237 NOW R999 EACH | WHILE STOCKS LAST

  • Buy any New Balance 237 on promo for R999 and save R800.
  • Only applicable to single pairs bought.
  • Promotion available at all Footgear Stores.
  • Lay-buys are accepted.
  • Management reserves the right to limit quantity.
  • Stock and sizes may vary from store to store.

BUY 1 GET 1 FREE | WHILE STOCKS LAST

  • Promotion is valid on the Viva Runnit trainer only.
  • In your basket, 1 item will be full price on till slip, and the 2nd will be R0.00, essentially “free’.
  • No refunds/returns or exchanges allowed on “free” item.
  • Promotion is valid during the specified date range or while stock last.
  • Promotion available at all Footgear Stores depending on stock availability.
  • System will automatically scan discount at POS.
  • Applicable to selected styles, brands & advertised product.
  • Not applicable to items already on promotion.
  • Lay-buys are accepted.
  • Management reserves the right to limit quantity.
  • Stock and sizes may vary from store to store.
 

20% OFF SELECTED MERRELL & CAT FOOTWEAR | WHILE STOCKS LAST

  • Promotion is valid during the specified date range while stock last.
  • Promotion available at all Footgear Stores
  • System will automatically scan discount at POS.
  • Applicable to select advertised product.
  • Not applicable to items already on promotion.
  • Lay-buys are accepted.
  • Management reserves the right to limit quantity.
  • Stock and sizes may vary from store to store.
 
HOT SELLERS UP TO 40% OFF | WHILE STOCKS LAST
 
  • Promotion is valid during the specified date range while stock last.
  • Promotion available at all Footgear Stores.
  • System will automatically scan discount at POS.
  • Applicable to select styles, brands & advertised product.
  • Not applicable to items already on promotion.
  • Lay-buys are accepted.
  • Management reserves the right to limit quantity.
  • Stock and sizes may vary from store to store.
 

TERMS AND CONDITIONS

  1. Introduction
    • This website can be accessed at footgear.co.za(“the Website”).
    • These website Terms and Conditions (“Terms”) govern the advertising 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.
  1. Important notice
    • These Terms apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (“the CPA”) and/or the Electronic Communications Act, 25 of 2002 (“the ECTA”) 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 created for either you or Footgear in terms of the CPA and/or the ECTA.
  1. Required disclosures 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.
    • Telephone number: +27 87 159 7219
    • Website address: https://www.footgear.co.za
    • E-mail address: [email protected]
    • Company Registration Number: 2001/029722/07
    • Credit Provider Number: NA
    • Vat Registration Number: 4390174235
    • Country of Incorporation: South Africa
    • Director Details: N. Stephens, R. Williams, C. Langley, A. Stephens
    • Physical Address for Receipt of Service: Unit F10, Willowbridge Mall, 39 Carl Cronje Drive, Tygervalley, 7350.
    • 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.
  1. 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.
  1. 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.
  1. 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 any product listed at the incorrect price.
  1. Registration and use of website
    • 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.
    • Footgear may from time to time require you to change your Access Codes and you undertake to comply with such instruction immediately.
    • 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 instruments 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 devices, 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.
    • 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.
    • 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.
  1. Verification
    • You agree that all instructions, consents, purchases 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.
  1. Performance and availability of products
    • 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.
    • Product availability is based on previous day’s stock levels.
    • Stock and sizes vary from store to store.
  1. Payments
    • We accept the following payments methods for purchases in-store:
      • Debit/credit card.
      • Cash
  1. 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.
  1. Vouchers (WICODE)
    • Vouchers are issued at 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.. Any balance unused on a single shop, will be forfeited.
      • The value of the Voucher will be set off against the value of your purchase and the balance remaining, if any, will be payable by you.
      • All vouchers can only be used in-store.
      • Only one voucher can be used per transaction. This applies to vouchers issued by Footgear or third-party campaigns.
      • If you purchase using a voucher code / WiCode coupon, no refunds are accepted, you will only be able to exchange your purchase for an item of similar value, and if more than voucher code, you will need to pay in the difference of new item chosen.
    • 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 payment, you can contact Footgear to confirm if the Voucher is still valid. Footgear is not responsible for any loss or unauthorised use of a Voucher.
  1. 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.
  1. 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 nor 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 is 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 if 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 because 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 if 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 wilful 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.
    • Footgear takes responsibility for all aspects relating to the transactions concluded in terms of the website this includes the sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
  1. 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-scriptoand 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.
    • 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.
  1. 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 because 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.
  1. Domicile 

This website is governed by the laws of South Africa and Footgear chooses as its domicilium citandi et exectutandi for all purposes under this agreement, whether in respect of court processes, notice, or other documents of whatsoever nature: Unit F10, Willowbridge Shopping Centre, 39 Carl Cronje Drive, Tygervalley, 7530