INTRODUCTION
1. Angel Soft is on online shopping facility which enables shoppers to purchase a selection of high quality shoes (“the Products”) online. Visitors to the Website are welcome.
TERMS AND CONDITIONS
2.1 The terms and conditions set out herein govern the supply by us of any Products ordered by you via the Website and by registering and/or ordering Products via the Website, you agree to be legally bound by such Terms and Conditions.
2.2 We reserve the right to amend the Terms and Conditions at any time. All amendments to the Terms and Conditions will be uploaded to the Website. Prior to submitting an Order to us, you must ensure that you are familiar with the current Terms and Conditions. Use of the Website will be deemed to constitute acceptance of the amended Terms and Conditions.
2.3 Clause headings shall not be used in the interpretation of this agreement.
2.4 Unless the context clearly indicates the contrary intention, words importing the singular number shall include the plural and vice versa, and words importing any gender shall include the other genders, and words importing persons shall include corporate bodies and vice versa.
2.6 If any definition contains a provision having substantive effect, it shall be given effect to as such.
2.7 The following expressions shall have the meanings set out against them: (a) “Account” means the account referred to in clause 1.1 for you to conduct online shopping via our site; (b) “Application for Registration” means the application process for registration as a shopper with the Website; (c) “Business Day” means any other day than a Saturday, Sunday or proclaimed public holiday in the Republic of South Africa; (d) “Confirmation of Acceptance of Order” means Our written confirmation to You via email of Our receipt of Your Order and acceptance thereof; (e) “Customer” means you; (f) “Order” means an electronic transaction and order submitted by you to purchase a Product from us; (g) ‘Terms and Conditions” means the terms and conditions applicable to your Orders.
2.8 The Terms and Conditions are subject to copyright and the use thereof by any person, whether natural or juristic without our prior written consent is prohibited.
2.9 No terms or conditions submitted by you shall apply to any purchase or Order via the Website unless expressly accepted in writing by us prior to Confirmation of Acceptance of Order having been despatched.
3. PURCHASE PROCESS
Registration
3.1 To place an Order with us you must be registered on the Website. Please follow the registration process as directed on the Website.
3.2 We reserve the right to cancel your registration with our Website at any time for any reason whatsoever and will immediately do so in the event of any suspected fraud other improper conduct by you in respect of your account with us.
3.3 You acknowledge that it is vital for the protection of the integrity of our data and the Website that your user name and password be for your personal use only and shall not be knowingly disclosed to any third party for their or anyone else’s use.
Placing your Order
3.4 Place your order as directed on the Website. You will be directed to the checkout which is the step where your order, pricing and delivery information (estimated delivery date and delivery fee) will be confirmed. Prior to final submission of the Order the price payable together with any delivery or other charges payable including Vat will be itemised and confirmed for you.
3.5 You will have an opportunity to review the Order, correct any mistakes and withdraw from the Order before finally submission of the Order. It is your responsibility to ensure that your Order is accurate. If you discover that your Order is incorrect, please contact info@angelsoftshoes.co.za We will have no obligation to assist to rectify your error, but may in our sole discretion determine whether or not to assist.
3.6 Final submission of the Order constitutes an offer to purchase and you will be entitled to revoke such offer at any time prior to despatch by Us of the Confirmation of Acceptance of Order, which will constitute acceptance of Your offer. We will have the right to decline to accept any Order for any reason whatsoever and shall not be obliged to supply the Products listed in your Order prior to despatch by Us of the Confirmation of Acceptance of Order. Any correspondence from us that does not state “Confirmation of Acceptance of Order” will not constitute confirmation of your Order. For the sake of clarity, an acknowledgement of receipt confirming the details of your Order will be sent to your prior to the Confirmation of Acceptance of Order.
3.7 A legally binding agreement shall be concluded upon despatch of the Confirmation of Acceptance of Order to you via email. The Confirmation of Acceptance of Order will confirm that we accept the Order, receipt of payment, delivery information and estimated date of delivery and provide you with an invoice.
Payment
4.1 Your Order will not be processed until we have received cleared payment in full for the Order.
4.2 You warrant that you are the duly authorised user of any credit card, the details of which you use to submit payment for any Order and that the account or card used has sufficient funds to pay the Order cost in full. You indemnify us against any claims whatsoever regarding fraudulent use of a credit card or bank account details for the purchase of Products via the Website.
Delivery
5.1 You will be asked to provide a physical address for the place of delivery of your Order during the ordering process. Deliveries will be made within the Republic of South Africa, Monday to Friday between 08h00 and 17h00 and it is your responsibility to ensure that someone will be available to accept and sign for delivery of your Order. If no one is available to accept delivery of the Products at your physical address, our courier may leave you a notice advising of the attempted delivery and requesting you to contact the courier for delivery arrangements. It will be your responsibility to contact the courier.
5.2 We will endeavour to deliver the Products to you at your requested place of delivery within the time period specified for each Product and confirmed by us in the Confirmation of Acceptance of Order. The Products will only be despatched for delivery once full payment for such Products has been received by us and we have despatched Our Confirmation of Acceptance of Order.
5.3 In the event that we anticipate that we will not meet our estimated delivery date, we will notify you as soon as is practically possible.
5.4 If it is not possible for us to deliver your Order to the physical address specified on submission of your Order, we will notify you as soon as possible and request an alternative physical address for such delivery. If no other address is suitable, your Order will be cancelled and any money due to be refunded to you, will be refunded to you as soon as possible.
5.5 While we will make every effort to ensure that the Products are delivered within the advised time frame, We will not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery of the Products to you.
5.6 A delivery note signed by you or by any person purporting to sign on your behalf, or by anyone else at the agreed place of delivery, shall be proof (until the contrary is proved) of the delivery of Products listed thereon, in good condition and as ordered by you. In the event of incorrect supply of Products or different Products from what was ordered, the delivery note must be endorsed by you accordingly and immediately.
5.7 Any Products delivered to you in error will only be considered for return by the Company provided that such Products are undamaged, have not been tampered with in any way and are not defaced in any way.
6.8 Risk in and to the Products shall pass to you upon delivery of the Products to you. If you are in breach of your obligations in terms of the Terms and Conditions, risk shall pass on the date on which delivery would have occurred but for your breach. On passing of risk, any responsibility for loss or destruction of the Products shall lie with you.
6. CANCELLATION
Your Cancellation
6.1 You will be entitled to cancel your Order on written notice to us at any time prior to despatch of the Confirmation of Acceptance of Order without payment of a cancellation fee. We will refund any sum due to be returned to you within 48 (forty eight) hours of receipt of the written notice by us of such cancellation.
6.2 Where the Product has been delivered and received in good order and condition, you will be entitled to cancel your Order without payment of a cancellation fee within 7 (seven) days of delivery of the Products and provided the Product is unopened and in its original packaging, to claim a refund of money paid in respect of the Products. Any such refund will be paid within 30 (thirty) days of the date of cancellation.
6.3 Subject to applicable legislation in particular circumstances, not all cancellations or returns will be approved and may be approved or denied at our discretion based on the particular circumstances.
Our Cancellation
6.4 We will be entitled to refuse to accept or process any Order and/or to cancel any Order at any time, in whole or in part, on written notice to you in the following circumstances:
(a) unavailability of the product/s for any reason whatsoever; or
(b) suspected fraudulent conduct in respect of the Order in which event, we will refund any monies due to be returned to you within 48 (forty eight) hours of written notice to you of such cancellation.
6.5 If you are responsible for delay in delivery of the Product then we may on written notice to you cancel the Order with immediate effect and charge you a reasonable fee to recover necessary costs we may have incurred in respect of the failed delivery and cancelled Order. The money paid by you in respect of the Order will be refunded to you less any such fee charged by us to recover costs incurred by us as a result of the cancelled Order.
Returns
6.6 If you wish to exchange/ return for sizing the cost of delivery will be paid by the customer.
7. Customer Privacy policy
Angelsoft Shoes shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569 .
8. Payment options accepted
Payment may be made via Visa and MasterCard.
9. Card acquiring and security
Card transactions will be acquired for Angelsoft Shoes via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy.
10. Customer details separate from card details
Customer details will be stored by Angelsoft Shoes separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.
11. Merchant Outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is
South African Rand (ZAR).
12. Responsibility
Angelsoft Shoes takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
13. Country of domicile
This website is governed by the laws of South Africa and Angelsoft Shoes chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.
14.Variation
Angelsoft Shoes may, in its sole discretion, change this agreement or any part thereof at any time without notice.
15. Company information
This website is run by Reunion Footwear (sole trader) based in South Africa trading as Angelsoft Shoes.
16. Angelsoft Shoes contact details
Company Physical Address: 32 Rana Rd, Isipingo Rail, Isipingo, 4133 Email: info@angelsoftshoes.co.za